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VETERANS AFFAIRS, DEPARTMENT OF USA Tender
Security and Emergency Services
Corrigendum : Closing Date Modified
United States
Details: Page 1 Of 11 Page 1 Of 14 Page 15 Of 16 Page 1 Of Page 1 Of Description This Is A Combined Synopsis Solicitation (css) For Commercial Services Prepared In Accordance With The Format In Far Subpart 12.6, Streamlined Procedures For Evaluation And Solicitation For Commercial Products And Commercial Services., Using Simplified Acquisition Procedures Found At Far Part 13 And As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes Are Being Requested And A Written Solicitation Will Not Be Issued. This Solicitation Number 36c24425q0254 Is Being Issued As A Request For Quote (rfq). The Government Anticipates Awarding One, Five-year, Firm-fixed-price Indefinite Delivery - Indefinite Quantity (idiq) Contract Resulting From This Solicitation. This Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular (fac) 2024-07 (effective Date 08/29/2024) And Can Be Found At: Far | Acquisition.gov . The Associated North American Industrial Classification System (naics) Code For This Procurement Is 541350 With A Small Business Size Standard Of $12.0 Million And The Product/service Code Is: J012 This Solicitation Is A Service-disabled Veteran Owned Small Business (sdvosb) Set-aside. â This Solicitation Requires Registration With The System For Award Management (sam) Prior To Award, Pursuant To Applicable Regulations And Guidelines. Registration Information Is At: Http://www.sam.gov . Confirmation Of Sam Registration Will Be Validated Prior To Awarding A Contract.â â The Veterans Integrated Service Network 04 (visn4), Has A New Requirement For Fire Door Inspection And Maintenance Services At The Pittsburgh Va Medical Center (both The Heinz And University Drive Campus Locations) As Listed In The Statement Of Work (sow), Attachment A.ââ â The Contractor Shall Provide All Necessary Requirements Cited In The Sow. All Work Is To Be Performed In Accordance With Applicable Federal, State, And Local Regulations Or Ordinances. All Interested Offerors Shall Provide A Quotation For The Following: Pricing Schedule, Attachment C. Place Of Performance: Pittsburgh Vamc. Visn-04 Intends To Award One Five-year Idiq Contract With Orders Anticipated To Begin Approximately: 2/10/2025-2/9/2030. A Complete Description Of The Services To Be Acquired, And/or Applicable Government Need(s) Are As Follows: See Attachment A: Performance Work Statement. Contracting Office Address: Department Of Veterans Affairs Regional Procurement Office East Network Contracting Office 4 (nco 4) Va Pittsburgh Medical Center 1010 Delafield Rd., Pittsburgh, Pa 15215 Contract Specialist: Andrew Chmielewski 52.212-4, Contract Terms And Conditions - Commercial Products And Commercial Services (nov 2023) 52.252-2 Clauses Incorporated By Reference (feb 1998) This Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es): Http://www.acquisition.gov/far/index.html Http://www.va.gov/oal/library/vaar/ (end Of Clause) Far Number Title Date 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights Nov 2023 52.204-9 52.204-13 Personal Identity Verification Of Contractor Personnel System For Award Management Maintenance Jan 2011 Oct 2018 52.204-18 Commercial And Government Entity Code Maintenance Aug 2020 52.232-40 Providing Accelerated Payments To Small Business Subcontractors Mar 2023 52.216-18 Ordering (aug 2020) (a) Any Supplies And Services To Be Furnished Under This Contract Shall Be Ordered By Issuance Of Delivery Orders Or Task Orders By The Individuals Or Activities Designated In The Schedule. Such Orders May Be Issued From 2/10/2025 Through 2/9/2030. (b) All Delivery Orders Or Task Orders Are Subject To The Terms And Conditions Of This Contract. In The Event Of Conflict Between A Delivery Order Or Task Order And This Contract, The Contract Shall Control. (c) A Delivery Order Or Task Order Is Considered "issued" When (1) If Sent By Mail (includes Transmittal By U.s. Mail Or Private Delivery Service), The Government Deposits The Order In The Mail; (2) If Sent By Fax, The Government Transmits The Order To The Contractor S Fax Number; Or (3) If Sent Electronically, The Government Either (i) Posts A Copy Of The Delivery Order Or Task Order To A Government Document Access System, And Notice Is Sent To The Contractor; Or (ii) Distributes The Delivery Order Or Task Order Via Email To The Contractor S Email Address. (d) Orders May Be Issued By Methods Other Than Those Enumerated In This Clause Only If Authorized In The Contract. (end Of Clause) 52.216-19 Order Limitations (oct 1995) (a) Minimum Order. When The Government Requires Supplies Or Services Covered By This Contract In An Amount Of Less Than $200.00, The Government Is Not Obligated To Purchase, Nor Is The Contractor Obligated To Furnish, Those Supplies Or Services Under The Contract. (b) Maximum Order. The Contractor Is Not Obligated To Honor (1) Any Order For A Single Item In Excess Of $2,000.00; (2) Any Order For A Combination Of Items In Excess Of $5,000,000.00; Or (3) A Series Of Orders From The Same Ordering Office Within 30 Days That Together Call For Quantities Exceeding The Limitation In Paragraph (b)(1) Or (2) Of This Section. (c) If This Is A Requirements Contract (i.e., Includes The Requirements Clause At Subsection 52.216-21 Of The Federal Acquisition Regulation (far)), The Government Is Not Required To Order A Part Of Any One Requirement From The Contractor If That Requirement Exceeds The Maximum-order Limitations In Paragraph (b) Of This Section. (d) Notwithstanding Paragraphs (b) And (c) Of This Section, The Contractor Shall Honor Any Order Exceeding The Maximum Order Limitations In Paragraph (b), Unless That Order (or Orders) Is Returned To The Ordering Office Within 1 Days After Issuance, With Written Notice Stating The Contractor's Intent Not To Ship The Item (or Items) Called For And The Reasons. Upon Receiving This Notice, The Government May Acquire The Supplies Or Services From Another Source. (end Of Clause) 52.216-22 Indefinite Quantity (oct 1995) This Is An Indefinite-quantity Contract For The Supplies Or Services Specified, And Effective For The Period Stated, In The Schedule. The Quantities Of Supplies And Services Specified In The Schedule Are Estimates Only And Are Not Purchased By This Contract. (b) Delivery Or Performance Shall Be Made Only As Authorized By Orders Issued In Accordance With The Ordering Clause. The Contractor Shall Furnish To The Government, When And If Ordered, The Supplies Or Services Specified In The Schedule Up To And Including The Quantity Designated In The Schedule As The "maximum." The Government Shall Order At Least The Quantity Of Supplies Or Services Designated In The Schedule As The "minimum." (c) Except For Any Limitations On Quantities In The Order Limitations Clause Or In The Schedule, There Is No Limit On The Number Of Orders That May Be Issued. The Government May Issue Orders Requiring Delivery To Multiple Destinations Or Performance At Multiple Locations. (d) Any Order Issued During The Effective Period Of This Contract And Not Completed Within That Period Shall Be Completed By The Contractor Within The Time Specified In The Order. The Contract Shall Govern The Contractor's And Government's Rights And Obligations With Respect To That Order To The Same Extent As If The Order Were Completed During The Contract's Effective Period; Provided, That The Contractor Shall Not Be Required To Make Any Deliveries Under This Contract After 2/9/2031. (end Of Clause) Far 52.237-2 Protection Of Government Buildings, Equipment, And Vegetationâ(apr 1984) The Contractorâshallâuse Reasonable Care To Avoid Damaging Existing Buildings, Equipment, And Vegetation On The Government Installation. If The Contractor S Failure To Use Reasonable Care Causes Damage To Any Of This Property, The Contractorâshallâreplace Or Repair The Damage At No Expense To The Government As Theâcontracting Officerâdirects. If The Contractor Fails Or Refuses To Make Such Repair Or Replacement, The Contractorâshallâbe Liable For The Cost, Whichâmayâbe Deducted From The Contract Price. (end Of Clause) Vaar 852.203-70 Commercial Advertising (may 2018) Vaarâ852.219-73ââva Notice Of Total Set-aside For Certified Service-disabled Veteran-owned Small Businessesâ(jan 2023)â(deviation) â (a)âdefinition. For The Department Of Veterans Affairs, Service-disabled Veteran-owned Small Business Concern Or Sdvosb : âââ (1) Means A Small Business Concern âââââ (i) Not Less Than 51 Percent Of Which Is Owned By One Or More Service-disabled Veterans Or, In The Case Of Any Publicly Owned Business, Not Less Than 51 Percent Of The Stock Of Which Is Owned By One Or More Service-disabled Veterans Or Eligible Surviving Spouses (see Vaar 802.201, Surviving Spouse Definition); âââââ (ii) The Management And Daily Business Operations Of Which Are Controlled By One Or More Service-disabled Veterans (or Eligible Surviving Spouses) Or, In The Case Of A Service-disabled Veteran With Permanent And Severe Disability, The Spouse Or Permanent Caregiver Of Suchâveteran; âââââ (iii) The Business Meets Federal Small Business Size Standards For The Applicable North American Industry Classification System (naics) Code Identified In The Solicitationâdocument; âââââ (iv) The Business Has Beenâcertifiedâfor Ownership And Control Pursuant To 38âu.s.c. 8127, 13 Cfr 128, Andâis Listedâas Certifiedâinâthe Sba Certification Database Atâhttps://veterans.certify.sba.gov/; And âââââ (v) The Businessâagrees Toâcomply With Vaar Subpart 819.70 And Small Business Administration (sba) Regulations Regarding Small Business Size,âgovernmentâcontracting,âand The Veteran Small Business Certification Programâat 13 Cfr Parts 121,â125,âand 128. âââ (2) The Term Service-disabled Veteran Means A Veteran, As Defined In 38 U.s.c. 101(2), With A Disability That Is Service-connected, As Defined In 38 U.s.c. 101(16). âââ (3) The Term Small Business Concern Has The Meaning Given That Term Under Section 3 Of The Small Business Act (15 U.s.c. 632). âââ (4) The Term Small Business Concern Owned And Controlled By Veterans With Service-connected Disabilities Has The Meaning Given The Term Small Business Concern Owned And Controlled By Service-disabled Veterans Under Section 3(q)(2) Of The Small Business Act (15 U.s.c. 632(q)(2)). âââ (5) The Termâ Sdvosb Participant âorâcertified Sdvosbâmeans A Small Business That Has Been Certified In The Sba Veteran Small Business Certification Program And Listed In The Sba Certification Database (see 13 Cfr 128.102). â (b)âgeneral.âin Order Forâa Concern To Submit An Offer And Be Eligible For The Award Of An Sdvosb Set-aside Or Sole Source Contract, The Concern Must Qualify As A Small Business Concern Under The Size Standard Corresponding To The Naics Code Assigned To The Contract And Be Listed As An Sdvosb Participant In The Sba Certification Database As Set Forth In 13 Cfr 128. âââ (1) Offers Received From Entities That Are Notâcertifiedâsdvosbsâand Listed In The Sba Certification Databaseâat The Time Of Offer Shall Not Be Considered. âââ (2) Any Award Resulting From This Solicitation Shall Be Made To Aâcertifiedâsdvosbâlisted In The Sba Certification Databaseâwho Is Eligible At The Time Of Submission Of Offer(s) And At The Time Of Award. âââ (3) The Requirements In This Clause Apply To Any Contract,âorderâor Subcontract Where The Firm Receives A Benefit Or Preference From Its Designation As An Sdvosb, Including Set-asides, Sole Source Awards, And Evaluation Preferences. â (c)ârepresentation. Pursuant To 38 U.s.c. 8127(e), Onlyâcertifiedâsdvosbsâlisted In The Sba Certification Databaseâare Considered Eligible To Receive Award Of A Resulting Contract. By Submitting An Offer, The Prospective Contractor Represents That It Is An Eligibleâand Certifiedâsdvosb As Defined In This Clause,â13 Cfr 121, 125, And 128, And Vaar Subpart 819.70. â (d)âagreement/los Certification.âwhen Awarded A Contract Action, Including Orders Under Multipleaward Contracts, An Sdvosb Agrees That In The Performance Of The Contract, The Sdvosb Shall Comply With Requirements In Vaar Subpart 819.70 And Sba Regulations On Small Business Size,âand Government Contracting Programs At 13 Cfr Part 121 And Part 125, Including The Non-manufacturer Rule And Limitations On Subcontractingâ(los)ârequirements In 13 Cfr 121.406(b) And 13 Cfr 125.6.âfor The Purpose Ofâlimitations On Subcontracting, Onlyâcertifiedâsdvosbsâlisted In The Sba Certification Databaseâ(including Independent Contractors) Shall Be Considered Eligible And/or Similarly Situated (i.e., A Firm That Has The Same Small Business Program Status As The Prime Contractor). An Otherwise Eligible Firm Further Agrees To Comply With The Requiredâlosâcertification Requirements In This Solicitation (see 852.219 75 Or 852.219 76 As Applicable). These Requirements Are Summarized As Follows: âââ (1)âservices. In The Case Of A Contract For Services (except Construction), The Sdvosb Prime Contractor Will Not Pay More Than 50% Of The Amount Paid By The Government To The Prime For Contract Performance To Firms That Are Notâcertifiedâsdvosbsâlisted In The Sba Certification Databaseâ(excluding Direct Costs To The Extent They Are Not The Principal Purpose Of The Acquisition And The Sdvosb/ Vosb Does Not Provide The Service, Such As Airline Travel, Cloud Computing Services, Or Mass Media Purchases). When A Contract Includes Both Services And Supplies, The 50 Percent Limitation Shall Apply Only To The Service Portion Of The Contract. âââ (2)âsupplies/products. âââââ (i) In The Case Of A Contract For Supplies Or Products (other Than From A Non-manufacturer Of Such Supplies), The Sdvosb Prime Contractor Will Not Pay More Than 50% Of The Amount Paid By The Government To The Prime For Contract Performance, Excluding The Cost Of Materials, To Firms That Are Notâcertifiedâsdvosbsâlisted In The Sba Certification Database. When A Contract Includes Both Supply And Services, The 50 Percent Limitation Shall Apply Only To The Supply Portion Of The Contract. âââââ (ii) In The Case Of A Contract For Supplies From A Non-manufacturer, The Sdvosb Prime Contractor Will Supply The Product Of A Domestic Small Business Manufacturer Or Processor, Unless A Waiver As Described In 13 Cfr 121.406(b)(5) Has Been Granted. Refer To 13âcfrâ125.6(a)(2)(ii) For Guidance Pertaining To Multiple Item Procurements. âââ (3)âgeneral Construction. In The Case Of A Contract For General Construction, The Sdvosb Prime Contractor Will Not Pay More Than 85% Of The Amount Paid By The Government To The Prime For Contract Performance, Excluding The Cost Of Materials, To Firms That Are Notâcertifiedâsdvosbsâlisted In The Sba Certification Database. âââ (4)âspecial Trade Construction Contractors. In The Case Of A Contract For Special Trade Contractors, No More Than 75% Of The Amount Paid By The Government To The Prime For Contract Performance, Excluding The Cost Of Materials, May Be Paid To Firms That Are Notâcertifiedâsdvosbsâlisted In The Sba Certification Database. âââ (5)âsubcontracting. An Sdvosbâsubcontractorâmust Meet The Naics Size Standard Assigned By The Prime Contractor And Beâcertified Andâlisted Inâthe Sba Certification Databaseâto Count As Similarly Situated. Any Work That A First Tier Sdvosb Subcontractor Further Subcontracts Will Count Towards The Percent Of Subcontract Amount That Cannot Be Exceeded. For Supply Or Construction Contracts, The Cost Of Materials Is Excluded And Not Considered To Be Subcontracted. When A Contract Includes Both Services And Supplies, The 50 Percent Limitation Shall Apply Only To The Portion Of The Contract With The Preponderance Of The Expenditure Upon Which The Assigned Naics Is Based. For Information And More Specific Requirements, Refer To 13 Cfr 125.6. ââ(e)ârequired Limitations On Subcontracting Compliance Measurement Period. An Sdvosb Shall Comply With The Limitations On Subcontracting As Follows: [â]âby The End Of The Base Term Of The Contract Or Order, And Then By The End Of Each Subsequent Option Period; Or [âx]âby The End Of The Performance Period For Each Order Issued Under The Contract. â (f)âjoint Ventures. A Joint Venture May Be Considered Eligible As An Sdvosb If The Joint Venture Complies With The Requirements In 13 Cfrâ128.402 And The Managing Joint Venture Partner Makes The Representations Under Paragraph (c) Of This Clause.âa Joint Venture Agrees That, In The Performance Of The Contract, The Applicable Percentage Specified In Paragraph (d) Of This Clause Will Be Performed By The Aggregate Of The Joint Venture Participants. â (g)âprecedence. The Va Veterans First Contracting Program, As Defined In Vaar 802.101, Subpart 819.70, And This Clause, Takes Precedence Over Any Inconsistencies Between The Requirements Of The Sbaâveteran Small Business Certificationâprogram And The Va Veterans First Contracting Program. â (h)âmisrepresentation. Pursuant To 38 U.s.c. 8127(g), Any Business Concern, Including All Its Principals, That Is Determined By Va To Have Willfully And Intentionally Misrepresented A Company S Sdvosb Status Is Subject To Debarment From Contracting With The Department For A Period Of Not Less Than Five Years (see Vaar 809.406 2 Causes For Debarment). Vaar 852.219-75 Va Notice Of Limitations On Subcontracting Certificate Of Compliance For Services And Construction (jan 2023) (deviation) (a) Pursuant To 38 U.s.c. 8127(l)(2), The Offeror Certifies That (1) If Awarded A Contract (see Far 2.101 Definition), It Will Comply With The Limitations On Subcontracting Requirement As Provided In The Solicitation And The Resultant Contract, As Follows: (i) Services. In The Case Of A Contract For Services (except Construction), The Contractor Will Not Pay More Than 50% Of The Amount Paid By The Government To It To Firms That Are Not Certified Sdvosbs Listed In The Sba Certification Database As Set Forth In 852.219 73 Or Certified Vosbs Listed In The Sba Certification Database As Set Forth In 852.219 74. Any Work That A Similarly Situated Certified Sdvosb/vosb Subcontractor Further Subcontracts Will Count Towards The 50% Subcontract Amount That Cannot Be Exceeded. Other Direct Costs May Be Excluded To The Extent They Are Not The Principal Purpose Of The Acquisition And Small Business Concerns Do Not Provide The Service As Set Forth In 13 Cfr 125.6. (2) The Offeror Acknowledges That This Certification Concerns A Matter Within The Jurisdiction Of An Agency Of The United States. The Offeror Further Acknowledges That This Certification Is Subject To Title 18, United States Code, Section 1001, And, As Such, A False, Fictitious, Or Fraudulent Certification May Render The Offeror Subject To Criminal, Civil, Or Administrative Penalties, Including Prosecution. (3) If Va Determines That An Sdvosb/ Vosb Awarded A Contract Pursuant To 38 U.s.c. 8127 Did Not Act In Good Faith, Such Sdvosb/vosb Shall Be Subject To Any Or All Of The Following: (i) Referral To The Va Suspension And Debarment Committee; (ii) A Fine Under Section 16(g)(1) Of The Small Business Act (15 U.s.c. 645(g)(1)); And (iii) Prosecution For Violating 18 U.s.c. 1001. (b) The Offeror Represents And Understands That By Submission Of Its Offer And Award Of A Contract It May Be Required To Provide Copies Of Documents Or Records To Va That Va May Review To Determine Whether The Offeror Complied With The Limitations On Subcontracting Requirement Specified In The Contract. Contracting Officers May, At Their Discretion, Require The Contractor To Demonstrate Its Compliance With The Limitations On Subcontracting At Any Time During Performance And Upon Completion Of A Contract If The Information Regarding Such Compliance Is Not Already Available To The Contracting Officer. Evidence Of Compliance Includes, But Is Not Limited To, Invoices, Copies Of Subcontracts, Or A List Of The Value Of Tasks Performed. (c) The Offeror Further Agrees To Cooperate Fully And Make Available Any Documents Or Records As May Be Required To Enable Va To Determine Compliance With The Limitations On Subcontracting Requirement. The Offeror Understands That Failure To Provide Documents As Requested By Va May Result In Remedial Action As The Government Deems Appropriate. (d) Offeror Completed Certification/fill-in Required. The Formal Certification Must Be Completed, Signed And Returned With The Offeror S Bid, Quotation, Or Proposal. The Government Will Not Consider Offers For Award From Offerors That Do Not Provide The Certification, And All Such Responses Will Be Deemed Ineligible For Evaluation And Award. Certification I Hereby Certify That If Awarded The Contract, [insert Name Of Offeror] Will Comply With The Limitations On Subcontracting Specified In This Clause And In The Resultant Contract. I Further Certify That I Am Authorized To Execute This Certification On Behalf Of [insert Name Of Offeror]. Printed Name Of Signee: ___________ Printed Title Of Signee: _____________ Signature: ____________ Date: ______________ Company Name And Address: _______________ (end Clause) Vaar 852.232-72 Electronic Submission Of Payment Requests (nov 2018) Vaar 852.242-71 Administrative Contracting Officer (oct 2020) Far 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-commercial Products And Commercial Services (may 2024). The Following Subparagraphs Are Applicable: Subparagraph (b)(5), (b)(9), (b)(11), (b)(12), (b)(23), (b)(25), (b)(26), (b)(31), (b)(32), (b)(33), (b)(34), (b)(35), (b)(36), (b)(37), (b)(39), (b)(46), (b)(51), (b)(55), (b)(56), (b)(59). Subparagraph (c)(1), (c)(2) Class 25190/ Monetary Wage-fringe Benefits $34.69, (c)(7), (c)(8). The Following Solicitation Provisions Apply To This Acquisition And May Be Incorporated By Reference: 52.252-1 Solicitation Provisions Incorporated By Reference (feb 1998) This Solicitation Incorporates One Or More Solicitation Provisions By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. The Offeror Is Cautioned That The Listed Provisions May Include Blocks That Must Be Completed By The Offeror And Submitted With Its Quotation Or Offer. In Lieu Of Submitting The Full Text Of Those Provisions, The Offeror May Identify The Provision By Paragraph Identifier And Provide The Appropriate Information With Its Quotation Or Offer. Also, The Full Text Of A Solicitation Provision May Be Accessed Electronically At This/these Address(es): Http://www.acquisition.gov/far/index.html Http://www.va.gov/oal/library/vaar/ (end Of Provision) Far Number Title Date 52.204-7 System For Award Management Oct 2018 52.204-16 Commercial And Government Entity Code Reporting Aug 2020 52.229-11 Tax On Certain Foreign Procurements Notice And Representation Jun 2020 852.233-70 852.239-75 Protest Content/alternative Dispute Resolution Information And Communication Technology Accessibility Notice Oct 2018 Feb 2023 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance (nov 2021) 52.216-1 Type Of Contract (apr 1984) The Government Contemplates Award Of A Firm-fixed-price, Idiq Contract Resulting From This Solicitation. 52.233-2 Service Of Protest (sep 2006) Notify The Following: Nicholas Guzenski Through Va Email: Nicholas.guzenski@va.gov 852.233 70, Protest Content/alternative Dispute Resolution (oct 2018) (end Of Clause) Addendum To Far 52.212-1 Instructions To Offerors-commercial Products And Commercial Services: Any Questions Or Concerns Regarding This Solicitation Should Be Forwarded In Writing Via E-mail To The Point Of Contact Listed Below. Quotes In Response To This Rfq Are Due On 2:00 Pm (est), Friday, January 24, 2025. Quotes Shall Be Submitted In Writing And Sent Via Email To Contracting Specialist: Andrew Chmielewski; Andrew.chmielewski@va.gov. Please Insert Solicitation Number 36c24425q0254 Pittsburgh Fire Door And Maintenance Services In The Subject Line Of Your Email. All Submissions Shall Be 5mb Or Less. If The Email Is More Than 5mb, Submit Multiple Emails Labeling Them 1 Of Xx, 2 Of Xx, Etc. Late Submissions Shall Be Treated In Accordance With The Solicitation Provision At Far 52.212-1(f). Any Questions Or Concerns Regarding This Solicitation Shall Be Forwarded In Writing Via Email To The Contracting Specialist By 2:00 Pm Est, Tuesday January 21, 2025. Questions Will Not Be Accepted After This Date. Responses To The Offeror S Question(s) Will Be Posted Via An Amendment On Sam.gov / Contract Opportunities Via: Http://www.sam.gov Failure To Follow All Instructions May Result In Offeror(s)s Being Determined As Non-responsive And Be Removed From This Competition. All Proposals Shall Be Valid 60 Days From The Quote Response Date. Offeror(s)s Are Cautioned To Be Responsive To All Requirements In The Sow And To Provide Sufficient Information To Allow For Evaluation Of The Quotes. Offeror S Are Required To Submit The Following: Attachment C: Price Schedule: Please Complete Price Information In The Last Two Columns Of Attachment C And Return With Your Quote. To Facilitate The Award Process, All Quotes Shall Include A Statement Regarding The Terms And Conditions Herein As Follows: "the Terms And Conditions In The Solicitation Are Acceptable To Be Included In The Award Document Without Modification, Deletion, Or Addition." Or "the Terms And Conditions In The Solicitation Are Acceptable To Be Included In The Award Document With The Exception, Deletion, Or Addition Of The Following:" And A Statement To Acknowledge Amendments, If Applicable. Cover Letter. Offeror(s)s Shall Submit A Cover Letter Identifying Their Company Name, Contact Information, Cage Code, Sam Unique Entity Id (uei) Number Of The Prime And Any Teaming Partner/subcontractor. Offeror(s)s Shall Include A Completed Copy Of The Provision 52.212-3 With Their Quote If The Offeror(s) Has Not Completed It Electronically In The System For Award Management (sam), Accessed Via: Http://www.sam.gov Offeror(s)s Shall Submit A Technical Capability Which Shall Address The Following At A Minimum: Staffing/contractor Personnel: Explain Ability To Supply Adequate Staff To Perform Fire Door Inspections And Maintenance In Accordance With The Sow. Qualifications: Explain Contractor S Ability To Meet Industry Standards In Accordance With The Sow With Regards To Fire Door Inspections And Maintenance. The Evaluator Shall Submit Past Performance Questionnaire (attachment B) With Their Quote. Offeror(s)s Shall Provide Up To Three (3) References, Preferably Of Government Work, Performed In The Last Three (3) Years. Past Performance Information Shall Be Recent (performance Within The Last Three Years) And Relevant To This Scope Of Work. All Past Performance References Shall Be Completed By The Evaluator And Include Name Of Client, Customer Point Of Contact, Customer Telephone Number, Contract Number, Award Amount, Project/service Location, And Other Information Relevant To This Quote. The Apparent Awardees Past Performance Will Be Evaluated As Part Of The Contractor Responsibility Determination To Ensure The Presence Of An Acceptable Performance Record In Accordance With Far 9.104-1. The Government Reserves The Right To Seek Past Performance Information From Any Sources Not Included In Your Past Performance And Available To The Government To Include, But Not Limited To, Cpars Or Other Databases; Interviews With Program Managers, Customers, And Contracting Officers; And References Provided By The Contractor. The Contractor Must Include A Signed Copy Of Vaar 852.219-75 Va Notice Of Limitations On Subcontracting Certificate Of Compliance For Services And Construction. This Shall Be Submitted With The Solicitation Attachments. Addendum To 52.212-2 Evaluation Commercial Products And Commercial Services The Government Will Perform An Evaluation Using A Comparative Evaluation Of Each Quote. The Government Will Compare Quotes To One Another In Order To Select The Quote That Best Benefits The Government. Comparative Evaluation Will Be Conducted In Accordance With Far 13.106-2(b)(3). The Following Factors Shall Be Used To Evaluate Offeror(s)s: 1. Price 2. Technical Capability (b) A Written Notice Of Award Or Acceptance Of A Quote, Mailed Or Otherwise Furnished To The Successful Offeror(s) Within The Time For Acceptance Specified In The Quote, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer's Specified Expiration Time, The Government May Accept A Quote, Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. The Contracting Officer Will Award One, Firm Fixed Price Contract Resulting From This Rfq To The Responsible Offeror(s) Whose Quote Conforming To The Rfq Is Most Advantageous To The Government. Price The Government Reserves The Right To Award To An Offeror With Other Than The Lowest Price. The Award Will Be Made To The Offeror Whose Quote Represents The Best Overall Value To The Government. Technical The Offeror Clearly Demonstrates In Its Response A Clear Understanding Of All The Government S Requirements And Effective Approach For The Completion Of Service In Accordance With The Sow. Past Performance Offerors Must Have A Record Of Satisfactory Or Neutral Past Performance. If No Record Of Past Performance Is Found, The Offeror Will Receive A Rating Of Neutral. The Government Will Utilize But Is Not Limited To Internal Documentation Including Federal Awardee Performance And Information System (fapiis) For Determining The Past Performance Of Offerors. â Section D - Contract Documents, Exhibits, Or Attachmentsâ â See Attached Document: Attachment A Statement Of Work See Attached Document: Attachment B Past Performance Questionnaire See Attached Document: Attachment C Price Scheduleââ See Attached Document: Attachment D Wage Determination Point Of Contact Combined Synopsis/solicitation Notice Combined Synopsis/solicitation Notice Page 3 Of 3 Combined Synopsis/solicitation Notice *= Required Field Combined Synopsis/solicitation Notice Page 1 Of 3 Andrew Chmielewski Department Of Veterans Affairs Regional Procurement Office East Network Contracting Office 4 (nco 4) 1010 Delafield Rd., Pittsburgh, Pa 15215 Andrew.chmielewski@va.gov End Of Document
Closing Date29 Jan 2025
Tender AmountRefer Documents
Eastern Samar State University - ESSU Tender
Laboratory Equipment and Services
Philippines
Details: Description Request For Quotation (rfq) Date: February 23, 2025 Rfq No.: 2025-ron027 Pr#: 2025-02-076 The Owner/proprietor _________________________ _________________________ Sir/ma’am: Please Quote Your Price For The Items Specified Below, Taking Into Consideration The Following & Fill-up The Above Portion “the Owner/proprietor& The Portion Below The Price Quotation: Name Of The Transaction: Purchase Of Supplies For Coe Physics And Chemistry Laboratory Use In Compliance With The Copc Requirement. Terms And Conditions 1. The Total Approved Budget For The Contract (abc) Is Six Hundred Forty-eight Thousand Nine Hundred Pesos Only (₱648,900.00) 2. Price Quotation Should Be Inclusive Of The Required Tax Obligations; 3. Submission Of Bids Through Sealed Envelope Or Electronic Mail To Essubacoffice1@gmail.com When: On Or Before 9:00 Am Of February 26, 2025 Where: Quotation Drop Box, Bac Office, 2nd Floor Of Essu Admin Building 4. Opening Of Submitted Rfqs: When: Exactly 10:00 Am Of February 26, 2025 Where: Procurement Office, 2nd Floor Of Essu Admin Building 5. Evaluation Of Bids Shall Be Conducted On A “per Item” Basis; Delivered To Essu Main Campus 6. Delivery Period Is Fifteen Calendar Days (15 Cd) Upon Receipt Of Notice To Proceed (ntp). 7. If Awarded The Contract, Processing Of Payment Shall Be Made Within Five (5) Working Days Upon Receipt Of Billing Request. 8. Refusal To Accept An Award May Be Ground For Imposition Administrative Sanctions Under Rule Xxiii Of The 2016 Revised Irr Of Ra 9184; And 9. Failure Of The Supplier To Deliver Goods And Render Services Under The Contract Within The Specified Delivery Schedule Shall Made Him/her Liable For Damages For The Delay. 10. Subject To The Submission Of The Following Documents: Failure To Submit The Same May Result For A Disqualification Under The Applicable Law. A. Dti/sec Certificate Of Registration B. Income /business Tax Return (abc’s Above 500k) C. Mayor’s /business Permit D. Philgeps Class “a” Platinum Or Philgeps Registration Number E. Omnibus Sworn Statement Notarized (for Abc’s Above 50k) F. Professional License/curriculum Vitae (consulting Services Only) G. Pcab License (infra Project Only H. Request For Quotation (rfq) 11. Price Quotation/s, To Be Denominated In Philippine Peso, Shall Include All Taxes, Duties, And/or Levies Payable Rolando L Cadalin Jr. Authorized Canvasser Dr. Jerald P. Torillo Bac Chairperson To The Bac Chairperson: I Have Read And Understood The Procurement Terms And Conditions Stated Above. By Signing This Quote, I Hereby Agree And Bind Myself To The Above Terms And Conditions. Item # Qty Unit Particular Abc Bid Price Unit Price Total Amount 1 5 Pcs Al Strips 1,000.00 2 10 Pcs Alligator Clip 1,000.00 3 1 Set-up Conductivity Apparatus 10,000.00 4 10 Pcs Cu Strips 5,000.00 5 25 Ml Cuso4 Solution 10,000.00 6 1 Set-up Distillation Apparatus, 1000ml 24/40 Glass Distillation Vacuum Apparatus W/500ml Erlenmeyer Flask 22,000.00 7 25 Ml Electrolyte Solution 15,000.00 8 5 Pcs Evaporating Dish, 100ml Ceramic 4,000.00 9 25 Ml Fe (no3)3 Solution 4,000.00 10 25 Ml Fecl3 Solution 3,000.00 11 5 Pcs Filter Stand 5,000.00 12 5 Pcs Glass Funnel, 90mm 2,000.00 13 5 Pcs Graduated Cylinder, 50ml, 100ml, 250ml, 500ml, 1l 3,000.00 14 80 Ml Hcl Solution 4,500.00 15 25 Ml Hexane, Non Polar Solvent 3,000.00 16 8 Grams I2 Crystals, Granular Form 1,500.00 17 25 Ml Kcl Solution 1,500.00 18 3 Grams Kclo3 Solid, White Crystalline Solid 500.00 19 25 Ml Kmno4 Solution 1,500.00 20 25 Ml Kscn Solution 1,500.00 21 10 Pcs Mg Strips, Thin Strips Of Magnesium Metal; 99% Pure 1,200.00 22 5 Grams Nacl 2,000.00 23 50 Ml Nacl Solution 1,000.00 24 25 Ml Naoh Solution 1,000.00 25 5 Ml Nh4oh Solution, 28% To 30% Concentration 1,000.00 26 50 Ml Pb (no3)2 Solution 3,000.00 27 5 Pcs Pb Strips 500.00 28 5 Pcs Petri Dish 1,000.00 29 20 Pcs Ph Paper 500.00 30 5 Pcs Sand Bag 2,500.00 31 5 Pcs Syringe,1 Ml, 5 Ml, 10 Ml Capacities, Plastic Or Glass 1,000.00 32 5 Pcs Triple Beam Balance, 0.1gram Accuracy, 2kg Capacity 30,000.00 33 5 Grams Urea 1,500.00 34 25 Ml Zn (no3)2 Solution, 0.1 M To 1 M Solutions 2,500.00 35 15 Pcs Zn Strips 3,000.00 36 5 Pcs Filter Paper, Ashless, 90 Mm Diameter 1,000.00 37 5 Pcs Iron Stand And Ring, Adjustable Rings, Corrosion-resistant 9,000.00 38 5 Pcs Tripod, Stainless Steel, Height-adjustable 4,500.00 39 15 Pcs Glass Tubing, Borosilicate Glass, Various Diameters 6,750.00 40 2 Sets Aluminum Foil, 1: Heating Temperature: 350-410 Degrees. 2: Tensile Strength (mpa) "75. 3: Yield Strength (mpa) "35 4: Standard: Gb / T3190-1996 5: Elongation: 3-5 6: Aluminum Content: 99.6% 7: Hb Hardness: 20-35 8: Welding: General 9: Cutting Resistance: Very Good 10: Corrosion Resistance: General. Features : -aluminum 300.00 41 10 Pcs Bar Magnet, 1: Heating Temperature: 350-410 Degrees. 2: Tensile Strength (mpa) "75. 3: Yield Strength (mpa) "35 4: Standard: Gb / T3190-1996 5: Elongation: 3-5 6: Aluminum Content: 99.6% 7: Hb Hardness: 20-35 8: Welding: General 9: Cutting Resistance: Very Good 10: Corrosion Resistance: General. Features : -aluminum 4,000.00 42 5 Pcs Beaker, Material:gg-17 Borosilicate Glass Capacity:250 Ml 750.00 43 5 Pcs Beam Balance, Max. Weight: 2610g Graduation Value: 0.1g Beam Calibrations: 10*0.1g, 100*10g,500*100g Total Capacity Is 2610grams 15,000.00 44 5 Pcs Bread Board, Solderless Breadboard Specifications: Size/dimensions: Mini: 170-400 Points 1,500.00 45 5 Sets Bridging Plugs/connecting Wires, Material: Imported Polycarbonate, Copper Working Voltage: < 36v Max Current: 9a (conductor Without Wire) Workable Wire Type: Solid Wire / Stranded Wire Workable Wire: 22-20awg/0.34 - 0.54 Mm² Flame Retardancy Level: Ul94v-0 Protection Rating: Ip40 Outer Body Cold Resistance: - 45°c Working Temperature: -20°c~80°c Quantities: 10 Pieces Size: Approx. 21.8 * 9.8 * 6.15mm / 0.85 * 0.38 * 0.24in Net Weight: Approx. 9g 2,000.00 46 5 Pcs Clamp, Material: Galvanized Steel Style: Double And Single 1/2" 2,000.00 47 5 Pcs Coil, 10m Nichrome Resistance Wire Nichrome Heating Coil For Heating Machine 0.25mm Features: Nichrome(cr20ni80) Heating Alloy, Temperatures Resistant, Corrosion Resistant. Wire Diameter: 0.25mm/0.01inch; Length: 10m/33ft. 2,000.00 48 5 Pcs Compass, Product Name: High-precision Stainless Steel Multifunctional Metal Compass Material: Stainless Steel Weight: 80g/2.82oz,55g/1.94oz Size: 7.5cm × 7.5cm × 1.4cm/2.95inch × 2.95inch × 0.55inch 6.0cm × 6.0cm × 1.3cm/2.36inch × 2.36inch × 0.51inch 5,000.00 49 15 Pcs Component Holder, The Component Holder Is An Instrument For Holding The Electronic Components Such As Resistors, Capacitors, Leds, Ldrs Etc For The Use In Different Experimental Circuits. With 4 Mm Socket Connectors 2,250.00 50 5 Pcs Concave Lens, Optical Glass Optics Double Concave Lens Great Concave Glass For Spinning Tops Material: Optical Glass Lens Diameter: 10cm Focal Length: -30cm 2,500.00 51 5 Pcs Conducting Paper, Material Composition: Base: Made Of Paper Or Cardboard. Coating: The Conductive Material (such As Graphite, Silver, Or Carbon) Is Typically Applied To The Surface Of The Paper To Provide Conductivity. 5,000.00 52 5 Sets Connecting Wires, 10 Meters Pvc Wire 20awg 1.8mm Pvc Wire Electronic Cable Insulated Led Cable 2,500.00 53 5 Pcs Convex Lens, Material: Optical Glass Color: Transparent Shape: Biconvex Lens Diameter: 25mm Focal Length: 45mm Package Included 2/10 X 25*45mm Biconvex Lens 2,500.00 54 5 Pcs Crossed Arrow Target, Diameter: 40cm Weight: 20g Material: Paper 5,000.00 55 5 Pcs Cylindrical Lens, Product: Cylinder Material: Alloy And Glass. Color: Silver. Overall Length: 70mm/2.76". Lens Dia: 36mm/1.18" 2,500.00 56 5 Pcs Fixed Capacitor (330 Microfarad), 330uf Smd Tantalum Capacitor 2.5 Volts 2,500.00 57 25 Pcs Fixed Resistor (100 Ohms), Features:standard General Purposemaximum Power Dissipation:2wtolerance Rating:±1% 3,000.00 58 5 Pcs Frame For Bar Magnets, The Practical Poster Frame Holder Consists Of A Ferrite Magnet, A Plastic Housing Available In Black Or White And A Horizontal Adapter For Our Special Poster Frames On The Top. The Holder Enables Posters And Advertising Materials To Be Attached Quickly And Flexibly To All Magnetic Surfaces. Thus, In Combination With The Poster Frame, It Is Ideally Suited And The Ideal Aid For The Sales Or Storage Room Of Shops Or On Exhibition Stands. The Holder Is Also Characterized By A Relatively High Adhesive Force. Weight: 43 G / Pcs 5,000.00 59 5 Pcs Galvanometer, Material: Plastic + Electronic Component Sensitive Range: -30-0-30μa Size: 133x97x100mm Accuracy: ≤5% Application: Environment Temperature: 0℃+40℃ Relative Humidity: ≤85% 12,500.00 60 5 Pcs Glass Plate, Specifications: Material: Borosilicate Glass Culture Dishes Size Types:approx 60mm 75mm 90mm 100mm (diameter) 60mm Type Size:approx 56x65x18mm/2.2x2.56x0.71in 75mm Type Size:approx 72x79x17mm/2.83x3.11x0.67in 90mm Type Size:approx 86x96x20mm/3.38x3.78x0.78in 1000mm Type Size:approx 97x106x22mm/3.82x4.17x0.87in 2,500.00 61 5 Pcs Glass Plate Of Size Similar To Friction Board, Size: 4" X 6" Clear Glass Plate; 6" X 8" Clear Glass Plate; 8" X 10" Clear Glass Plate 1,500.00 62 5 Pcs Hanging Mass, Contains 4 50g Weights And A 50g Hanger Weights Are Slotted To Fit And Lock On To The Hanger Slot Is Approximately 2mm Wide 1,500.00 63 5 Pcs Horseshoe Magnets, Material: Alnico; Dimension: 25mm L X 9x9mm 5,000.00 64 5 Pcs Hydrometer Jar, Body Color : Clearbottle/jar Shape: Cylindricaldiameter: 50 Mmheight : 375 Mmlabware Basic Material : Glasslabware Capacity : 600 Mlmouth : Wide 5,000.00 65 5 Pcs Inclined Plane, Material: Alloy Steel Style : Modern Power Source: Manual Product Dimensions : 24.4 X 7.5 X 2.4 Inches (62 X 19.1 X 6.1 Cm); 6 Pounds (2.72 Kg) 25,000.00 66 5 Pcs Inverted U-tube, Made Of Stainless Steel 304 1.5mm Thickness 2” Diameter Rd. Tube , 180 Deg. U Shaped 30cm Outside Diameter - Width Mandrel Bend Mirror Finished 15,000.00 67 5 Sets Iron Fillings, Iron, Filings, 40 Mesh, Laboratory Grade, 500 G 1,000.00 68 5 Sets Jumper, Jumper Cable 10/15/20/30 Cm. 40p Pam Wire Bread Board Rehearsal 2.54mm Dupont Line 1,000.00 69 15 Pcs Light Source, Sodium/mercury Lamps, High Pressure Sodium Lamp Plant Lighting Growing Lamp Bulb Yellow High Efficiency 220v E27 E40 70w 100w 250w 400w 1000w; 125w160w250w500w Self-ballasted Mercury Lamp Mercury Lamp Fluorescent Lamp 15,000.00 70 5 Pcs Mass With Hook, Solid Chrome Plated Metal, Durable To Use; 200g Per Double Hook Weight. The Weights Are Easy To Move And Have Hooks On Both Sides For Attaching Extra Weight. 4,000.00 71 5 Sets Masses, Stainless Steel Anti-oxidation: Contains Different Masses (1g-100g) 6,000.00 72 5 Pcs Metal Ball Of Different Sizes, Name: Steel Ballmaterial: 304 Stainless Steelsurface: Polished Processspecification: 1mm 1.2mm 1.5mm 1.588mm 1.8mm 2mm 2.381mm 2.5mm 2.778mm 3mm 3.175mm 3.5mm 3.969mm 4.5mm 4.763mm 5mm 5.556mm 6mm 6.35mm 6.5mm 7mm 7.144mm 7.5mm 8mm 8.5 Mm 9mm 9.525mm 10mm 11mm 12mm 3,500.00 73 2 Sets Metal Conductor With Insulated Handle, Specification: Size: 16awg~24awg Ul1015 Length: 10meters Raged Voltage: 600v Temperature Resistance: 105deg.c Conductor Material:tinned Copper Insulation Material:pvc It Will Be A Single Cut If Order 2 Or More Pcs Features: Wire Core Is Composed Of Many Strands Of Tinned Copper Wire, External Insulation Consists Of Pvc. 2,000.00 74 5 Pcs Metal Stand, Load Capacity: Should Be Capable Of Holding Weights Or Apparatus (up To 5–10 Kg) Securely. Height: Adjustable Height To Accommodate Apparatus Like A Rotating Drum Or Calorimeter. Corrosion Resistance: Essential For Experiments Involving Liquids Or High Humidity. Flexibility: The Stand Should Allow For Easy Attachment And Adjustment Of Clamps For Precise Alignment. 10,000.00 75 5 Pcs Metal Stick, 150 X 10 Mm Dia. 1,000.00 76 5 Pcs Micrometer Caliper, High Precision: The Precision Is 0.02mm Multi Function: Metric Thickness Is Included Between 0 And 6 Inches / 150 Mm. It Can Measure Outer Diameter, Inner Diameter, Depth And Pitch Value Of Exquisite Item, A Multifunctional Tool For You. Measurement Range: 0 - 150mm 5,000.00 77 5 Pcs Mohr-westpal Balance, Plummet Volume: Pre-calibrated To Displace A Known Volume Of Liquid. Weight Accuracy: Typically To The Nearest 0.001 G. Scale Range: Usually Measures Specific Gravity Values From 0.7 To 2.0 Or More. Material: Corrosion-resistant Materials For Durability. 20,000.00 78 5 Pcs Mounted Straight Wire, Wire Material: Copper Or Aluminum, Chosen For Their Excellent Electrical Conductivity.wire Gauge: Typically 20 To 22 Awg (american Wire Gauge) For Manageable Current Handling And Ease Of Manipulation.length: Varies Based On Experimental Requirements; Common Lengths Range From 1 Meter To Several Meters.mounting Base: Non-magnetic Materials Such As Acrylic Or Pvc To Prevent Interference With The Magnetic Field. 2,500.00 79 5 Pcs Natural Magnets, Material: Magnetite (fe₃o₄), A Naturally Occurring Iron Oxide. Magnetic Strength: Generally Weaker Than Synthetic Magnets Like Neodymium Or Samarium-cobalt. Shape: Typically Irregular, As They Are Naturally Formed. Size: Varies; Small Specimens Suitable For Display Or Study Are Common. 2,500.00 80 5 Pcs Parallel Ray Lens, Lens Shape: Plano-convex Surface Quality: 60-40 Scratch-dig Surface Flatness: Λ/8 Surface Accuracy: 1.5 Λ Chamfers Angle/tolerance: 45° ±15° Material: Germanium Clear Aperture: ≥central 90% Of Surface Area 15,000.00 81 5 Pcs Ray Optics Mirror, 1x Double-convex Lens 1x Double-concave Lens 1x Acrylic Trapezoid 1x Triangular Mirror Accessory With Concave, Convex, And Plane Reflective Surfaces 1x Hollow Lens To Fill With A Liquid Or Use As An Air Lens. 1x Storage Box/water Tank With Foam Insert And White Plastic Sheet 12,500.00 82 10 Pcs Resistors,m Type: Fixed Resistor (0ω, 22ω, 47ω, 100ω, 150ω, 200ω, 220ω, 270ω, 330ω, 470ω, 510ω, 680ω, 1kω, 2kω, 2.2kω, 3.3kω, 4.7kω, 5.1kω, 6.8kω, 10kω, 20kω, 47kω, 51kω, 68kω, 100kω, 220kω, 300kω, 470kω, 680kω, 1m)resistance Tolerance: 1%technology: Cermetcolor: Blueoperating Temperature: -20-+85temperature Coefficient: -20-+85model Number: 10r 22r 47r 100r 150r 200r 220r 270r 330rrated Power: 1/4w 2,000.00 83 5 Pcs Reversing Switch, Within Dc220v High Current: 15a Rated Current: 10a High Power: 250w This Product Can Manually Control Brush Dc Motor Forward, Stop, Reverse Function. 2,500.00 84 5 Pcs Ring, Ring Clamps (or Iron Rings) Are Also Commonly Used In The Organic Lab. They Are Used To Hold Separatory Funnels, And Can Be Used To Secure Funnels When Filtering Or Pouring Liquids Into Narrow Joints. Size: 100mm; 120mm; 140mm; 60mm;80mm 2,000.00 85 5 Sets Rubber Hammer, Dimension: *small - Weight: 240g - Length: 9in - Head Diameter: 5cm - Head Length: 8cm *medium - Weight: 390g - Length: 11in - Head Diameter: 6cm - Head Length: 9cm *large - Weight: 785g - Length: 13in - Head Diameter: 7cm - Head Length: 11cm Material: Rubber Mallet With Wooden Handle 5,000.00 86 5 Sets Set Of Weights, Name:calibration Weight Set Size:as Show Material:steel Package:10g、20g、50g、100g、200g、500g 5,000.00 87 5 Pcs Slit Mask, Aperture Size: Diameter 1mm Hole, 2 Pieces, Black Anodizing Finishing, Sensing Range 180 Mm (gse2s) And 198 Mm (wse2s) 10,000.00 88 5 Pcs Slit Plate, Material: Molybdenum; Size 150 X 1 Mm(t), Various Sizes Of Slits 10,000.00 89 5 Sets Slotted Masses, 5-500g, 2 X Slotted Masses(200g) 2 X Slotted Masses(100g) 2 X Slotted Masses(50g) 2 X Slotted Masses(20g) 2 X Slotted Masses(10g) 2 X Slotted Masses(5g) 3 X Slotted Masses( 2g) 2 X Hangers 1 X Box 4,000.00 90 5 Pcs Solenoid, Current Characteristics : Direct; Recommended Power On Time: Within 5 Secondstrip : 10mm12v: Current: 2a, Suction: 4n24v: Current: .300ma, Suction: 4n1.a Framework: High Quality Low Carbon Steel, A Integrated, Remanence Little White Zinc Plating, Beautiful And Corrosion Resistance2.coilnational Standard Copper Electromagnetic Wire, Mechanical Automation Winding; The Iron Core: Pure Iron Core, The Demagnetization Heat Treatment, Magnetic Force Is Stronger; Spring/card/nut: Using 304 Stainless Steel, Durable; Copper Wire: High-temperature Tin Plated Copper Wire, Oxidation Resistance, Low Resistance Can Withstand High Tension, Two Lines Of Both Positive And Negative 2,500.00 91 5 Pcs Spark Timer/ticker Timer, Material: Metal Package Weight: Approx.490g Size: Approx.15x15x4cm/5.90x5.90x1.57in 12,500.00 92 5 Pcs Spdt Switch, Ac 250v/3a 125v/5a Momentary Spdt 3 Positions Toggle Switch T80-r 1,250.00 93 5 Sets Specimen For Shot, 60 Ml Capacity 750.00 94 5 Pcs Spherical Mirror, Diameter: 45cm、60cm、80cm Mirror Curvature: 130 Degrees Style: Indoor、outdoor 12,500.00 95 5 Pcs Spring, Compression Springs, Return Springs, Carbon Steel Nickel Plated Compression Springs; Color: Nickel Color ; Size: Wire Diameter 1.1mm*outer Diameter 15mm*length 40mm*9 Turns 1,250.00 96 15 Pcs Spring Balance, Metal Spring Balance Sizes: 12kg,25kg,50kg 5,250.00 97 5 Pcs Spst Switch, *name: Rocker Switch *material: Plastic + Metal *color: Black (as Pictures Show) *voltage: Dc 12v,16a *ports: 2 Pins *spst: On-off *dimension: 10*15mm/0.4*0.6 Inch (approx.); Spst On-off Control And 2 Terminals 150.00 98 5 Pcs Stirrer For Shot, Glass Stirring Rod Made From High Quality Borosilicate Glass Suitable For Mixing Reagents And Solutions In The Laboratory. Can Also Be Used In Mixing Formulations In The Cosmetics, Pharma, Etc. Available Sizes: 1. 30 Cm ± 1 Cm (diameter: 6 Mm) 2. 20 Cm ± 1 Cm (diameter: 6 Mm) 3. 15 Cm ± 1 Cm (diameter: 6 Mm) Sold Per Piece. Kindly Allow Measurement Difference Of +/- 1 Cm. 500.00 99 5 Pcs Stopwatch, Package Size: 9.3x2.6x14cm / Package Weight: 40g Body Weight: (approximately) 60 G Material: Resin Functions: Countdown Timer (maximum Set: 99 Hours 59 Minutes 59 Seconds), 4 Timers, Count Up (maximum Measurement Time: 99 Hours 59 Minutes 59 Seconds), Time Display, Magnet, Clip For Stand, 12/24 Hour System Display Switching Power Supply: Alkaline Button Cell Battery (lr44) X 1 (battery Life Approx. 1 Year) 2,500.00 100 5 Pcs Spring, Compression Springs, Return Springs, Carbon Steel Nickel Plated Compression Springs; Color: Nickel Color ; Size: Wire Diameter 1.1mm*outer Diameter 15mm*length 40mm*9 Turns 1,250.00 101 5 Pcs String, Withstands Up To 133 Newtons Of Force (equivalent To 13.6 Kg). 5,000.00 102 5 Pcs Support Rod, Material:aluminum Alloy Type:silver Hood Support,brown Hood Support,nylon Rope Hood Support Length:approx.40.5cm/15.94''-63cm/24.8'' 2,500.00 103 2 Sets Tesla Meter/tangent Galvanometer, Level 1 Technical Specificationsrange :200 Mt 2000 Mt (full Automatic Range Switching)measurement Range: 0 ~ 2400mt 0 To 24000gs (1mt=10gs)range Of Measurements:0 ~ 120%minimum Resolution :10ut 4 Digits Display (0.1gs 0.01mt 10ut)basic Accuracy :±1% (full Range Meets)number Of Digits Displayed :4 Bits (decimal)power Supply :one 9 V Battery(battery Not Included)working Temperature :0℃ ~ 50℃storage Temperature :-20℃ ~ 50℃shape Size :160 Mm × 80 Mm × 32 Mmdevice Weight :260 G (including Batteries And Wires)hall Probe Longitudinal Hall Probe, Wire Length Is About 2 Meters 30,000.00 104 5 Pcs Thermometer, Laboratory-grade, Precision ±0.1°c 2,500.00 105 5 Pcs Tuning Forks Of Three Different Frequencies , Tuning Fork Set - 128hz, 256hz, 512hz 7,500.00 106 5 Pcs Vernier Caliper, Measuring Range: 0–150 Mm / 0–6 Inch Resolution: 0.01mm/0.0004" Accuracy: +0.04mm/0.0016" Tolerance: The 0.04mm Battery: 1 * Lr44 Button Battery(not Included) Material: 4cr13 Stainless Steel Header Material : Abs Plastic Size:236mm/9.2in * 77mm/3in * 15mm/0.59in Package Informations: Package Size:230*80*20mm/8.97*3.12*0.78in Package Weight:290g/10.15oz 2,500.00 107 5 Pcs Vom Or Multitester, Lcd Display 1999 Counts Dc Voltage: 200mv/2v/20v/200v/600v Ac Voltage: 200v/600v Dc Current: 200ua/2ma/200ma/10a Dimension : 7 X 5 X 15 Cm (l*w*h) 2pcs Battery 1pc Negative Probe 5,000.00 108 5 Pcs Weight Holder, Material: Stainless Steel Or Brass Design: Features Hooks Or Slots For Attaching Weights, With Adjustable Components To Accommodate Various Weight Sizes.capacity: 5g-1kg 2,500.00 109 5 Pcs Wooden Cart, Material: Solid Wood (often Hardwood Like Oak Or Maple) Or A Wood Composite (e.g., Plywood); Load Capacity: Varies By Model; Some Carts Can Support Up To 440 Lbs. Dimensions: Common Sizes Include 30" W X 18" D X 30" H. Wheels: Heavy-duty Wheels, Often Made Of Pp (polypropylene) Or Rubber, For Easy Maneuverability. 22,500.00 110 5 Pcs Clamps, Adjustable Metal Or Plastic Devices With A Maximum Opening Range Of 10–50 Mm, Used To Securely Hold Apparatus Or Objects During Experiments. 1,250.00 111 5 Pcs Plane Board With Stand, A Flat Board (50 Cm X 50 Cm To 100 Cm X 100 Cm) Mounted On An Adjustable Stand (50 Cm To 150 Cm Height), Used For Holding Or Displaying Experimental Setups. 25,000.00 112 5 Sets Specimen Liquid, A Liquid Sample Used In Experiments For Studying Properties Like Density Or Viscosity, Typically Measured In Milliliters (ml). 3,000.00 113 5 Pcs U-tube, Length Of Arms: 200 Mm Stand Rod: 33 Mm X 10 Mm Dia Base Plate: 210x70 Mm Approx 30,000.00 114 1 Box Copper Wire, 3.5 Sq.mm Thhn Wire 3,500.00 115 1 Box Copper Wire, 5.5 Sq. Mm Thhn Wire 4,000.00 116 50 Unit Complete Set Of Netwrok Cable Fabrication Tools, Cat 5e/cat 6 Ethernet Cable, Cable Tester, Wire Stripper, Crimping Tool, Rj45 Connector(plastic, Standard, 9v Battery) 15,000.00 Please Fill-out This Portion Legibly And Completely: Name Of Business Or Firm: _________________________________________________________________ Authorized Representative: _______________________________________ Date: ___________________________ Signature Over Printed Name Position In Firm: ________________________________________________ Contact Number: _________________ Business Address: _________________________________________________________________________________
Closing Date26 Feb 2025
Tender AmountPHP 648.9 K (USD 11.2 K)
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION USA Tender
Civil And Construction...+1Others
Corrigendum : Closing Date Modified
United States
Details: *** Amendment 1, Extension Of Solicitation ***
*provide Responses To Questions And Supporting Documents Concerning This Project Prior To Close Of Solicitation This Evening!
this Solicitation Is Hereby Extended To Provide Responses To Technical Questions Received For Which The Gov't Response Will Be Provided By C.o.b. (tomorrow) January 14, 2025; Proposals Will Then Be Due By 4:00p.m. Est On Tuesday, January 21st, 2025.
**please Read This Notice Carefully As It Constitutes The Only Notice That Will Be Issued**
a. Far 12.603 Streamlined Solicitation For Commercial Products Or Commercial Services
this Is A Combined Synopsis/solicitation For Commercial Products Or Commercial Services Prepared In Accordance With The Format In Far Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Proposals Are Being Requested And A Written Solicitation Will Not Be Issued.
the Request For Proposal (rfp) Number For This Project Is 693jj925r000012. The Resultant Contract Award Will Be Performed At The Office Of Vehicle Safety Compliance’s (ovsc’s) San Angelo Test Facility (satf) Located On The Grounds Of Goodfellow Air Force Base (gafb) In San Angelo, Tx. The Contract Type Will Be Firm Fixed-price.
the Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Fac Number 2025-01 With The Effective Date Of 11/12/2024.
the North American Industrial Classification System (naics) Code For This Procurement Is 237310 “highway, Street, And Bridge Construction” -, With A Small Business Size Standard Of $45,000,000.00. The Product Service Code For This Procurement Is Y1lb “construction Of Highways, Roads, Streets, Bridges, And Railways”. This Solicitation Is Not Set-aside For Small Businesses.
contract Price.
b. Price Schedule
b.1 Base Period Of Performance:
total Price Shall Cover The Performance Period From The Effective Date Of Award Through Twenty-four (24) Months Thereafter.
from: 01/xx/2025 To: 01/xx/2026
base Period, Contract Price: $tbd
line Item Number
item Description
qty
unit
unit
price
total Extended Price
0001
resurface Utqg Standards Traction Asphalt Test Surface
1
lot
-
$tbd
total Contract Firm Fixed-price
$tbd
statement Of Work (sow)
c. Description/specifications/ Statement Of Work
c.1 Background
the National Highway Traffic Safety Administration (nhtsa) Has A Need To Resurface The Asphalt Test Surface Portion Of The Traction Grading Test Track Used To Perform Testing In Accordance With The Uniform Tire Quality Grading System (utqgs) At The Office Of Vehicle Safety Compliance’s (ovsc’s) San Angelo Test Facility (satf) Located On The Grounds Of Goodfellow Air Force Base (gafb) In San Angelo, Texas (tx). The Asphalt Test Surface Was Last Resurfaced In September 2013. The Test Surface Is Used By Ovsc To Perform Traction Testing For Enforcement Of The Utqg Consumer Information Program. The Test Surface Is Also Used By Outside Entities To Perform Traction Testing.
the Utqg Traction Test Measures The Slide Friction Coefficient Of Tires Using A Tire Traction Skid Trailer At A Test Speed Of 40 Miles Per Hour (mph). The Allowable Surface Coefficient Range Per 49 C.f.r. § 575.104 Is 0.50 ± 0.10. This Value Is Measured Using The American Society For Testing And Materials (astm) E 501 Tire With A Test Load Of 1,085lbs And An Onboard Watering System With An Output Of Approximately 4.0 Gpm Per Wetted Inch Of Nozzle Width.
c.2 Contract Objectives
the Objective Of This Contract Is To Replace The Asphalt Utqg Traction Test Surface Located At The Satf Located On Gafb In San Angelo, Tx With A Durable Surface That Meets The Tire Test Surfaces Specified In 49 C.f.r. § 575.104.
this May Include, But Is Not Limited To, Identifying A Suitable Replacement Asphalt Mix With Test Strips, Removing The Existing Surface, Placing A New Asphalt Surface, And Re-painting The Required Lines.
the Purpose Of The New Test Surface Is To Satisfy The Government’s Need To Have A Nhtsa Traction Asphalt Test Surface Located At Its San Angelo Test Facility (satf) Located On The Grounds Of Goodfellow Air Force Base (gafb) In San Angelo, Texas (tx).
the Intended Use Of The Test Surface That Is To Be Provided To The Government Is To Conduct Compliance Testing For Tire Traction Ratings, Which Require A Surface That Is Within The Uniform Tire Quality Grading System (utqgs) Allowable Surface Friction Range And Possesses The Quality, Durability, And Smoothness Needed For Traction Testing.
all Work Completed Must Be In Compliance With All Applicable Rules And Regulations Of Gafb.
c.3 General Requirements
phase One (1) Test Stripe Surface Application
the Contractor Shall Schedule All Work Under This Contract With The Contracting Officer’s Representative (cor).
the Contractor Shall Identify A Suitable Asphalt Mix Design Through The Placement And Evaluation Of A Test Strip, Removing The Existing Test Surface (if Required), Replacing The Test Surface, And Ensuring Smooth Transitions To And From The Test Surface, To Include Painting Of The Completed Test Surface. The Contractor Shall Meet All Work Requirements For Gafb Including Certain Requirements And Approvals That Must Be Met And/or Obtained Prior To The Start Of Work By The Contractor.
the Contractor Shall Be Responsible For The Following:
c.3.1 The Contractor, Inclusive Of Contractor Personnel And Subcontractors Supporting This Project On-site At The Satf, Must Meet All Air Force Base (afb) Security Requirements. This Will Include Background And Verification Checks Required Prior To Base Access. The General Requirements May Be Found At: Https://www.goodfellow.af.mil/home/visitor-control-center-gate-information/
the Contractor Must Provide A List Of All Personnel Who Will Be Accessing The Base And All Required Information To Include The Following: (full Name, Date Of Birth, Driver’s License No. W/state Of Issuance, And Last Four (4) Of Ssn) To The Cor For The Contractor Personnel To Gain Approval To Access The Base. This Process Can Take Between 2-4 Weeks To Complete From The Time The List Is Submitted. This List Must Be Provided To The Cor Via Email Within 1 Month Of The Completion Of The Kick-off Meeting.
c.3.2 The Contractor Must Meet All Other Afb Requirements That Are In Effect At And During Time Of Project, Including But Not Limited To, Obtaining Environmental Approval For All Materials Required To Complete The Project.
c.3.3 The Contractor Shall Ensure That Its Equipment And Operations Does Not Interfere With Afb Operations At Any Time During Project.
c.3.4 Parking On Turf Or Base Roads Is Not Permitted Without Prior Approval From The Cor.
c.3.5 All Equipment, (e.g., Vehicles) Shall Pass Through An Inspection Station When Accessing The Afb Or Whenever Entering The Afb Located At:
4368 S Chadbourne St.
san Angelo, Tx
76905
note: The Inspection Station Is Located At The South Gate, Near The Visitor’s Center Entrance To The Base.
c.3.6 Upon Completion Of The Project The Contractor Shall Perform Cleanup Of Debris From All Work Areas. The Contractor Shall Collect All Trash, Debris, Refuse, Garbage, Etc., That Is Generated, And Place It In Appropriate Containers Or Vehicles As Directed By The Cor. The Contractor Shall Haul Materials From The Site By Appropriate Means As Needed. The Contractor Shall Ensure Proper Disposal Of Materials Outside The Limits Of Government Property. The Contractor Shall Ensure That Disposal By Recycling, Sanitary Landfill Or Other Approved Methods Conforms To All Local, State, And Federal Guidelines, Criteria, And Regulations. Upon Completion Of The Work, The Contractor Shall Leave The Work Site And Any Storage Area(s) In A Clean, Neat, And Orderly Condition As Determined By The Cor. The Cor Will Inspect The Work Site, Prior To The Contractor’s Final Departure From The Site, To Confirm That The Work Site Is In A Satisfactory Condition.
c.3.7 The Contractor Shall Comply With All Occupational Safety And Health Administration (osha) Regulations While Executing Contract Activities.
c.3.8 The Contractor Shall Comply And Ensure That All Subcontractors, If Any, Comply With All Applicable Federal, State, And Local Laws, Regulations, Ordinances, And Standards Related To Any Environmental Matters. The Contractor Shall Also Comply And Ensure That All Subcontractors, If Any, Comply With All Specific Instructions Or Directions Provided To The Contractor By Goodfellow Afb Regarding Any Environmental Or Safety Matters.
c.3.9 The Contractor Shall Execute The Work For This Project In The Best And Most Competent Manner, By Qualified And Efficient Contractor Personnel, Skilled In Their Respective Trades. The Contractor Shall Coordinate And Perform All Operations In A Manner That Will Result In A Professional And Expeditiously Completed Project. The Contractor Shall Conduct The Work In Strict Accordance With Prevailing Industry Standards And Manufacturer’s Instructions. The Contractor Shall Ensure That The Work And Materials Comply With Industry Best Practices For Quality And Technical/performance Requirements For This Project As Described Herein And (the Resultant Contract Award) For All Applicable Criteria, Regulations, Guidelines, And Codes, All Of Which Are Made A Part Thereof.
c.3.10 Normal Working Hours For Satf Personnel Are Monday Through Friday Between The Hours Of 7:00 A.m. And 4:00 P.m. Excluding Saturdays, Sundays, And Federal Holidays. If Noncontractor Personnel (e.g. Federal Or Nhtsa Contractor Personnel) Are Reasonably Available, The Contracting Officer May Authorize The Contractor To Perform Work During Periods Other Than The Normal Tour Of Duty For Work Hours/days.
c.4 Test Surface Specific Requirements
c.4.1 Kick-off Meeting
within Two (2) Weeks Of The Effective Date Of The Contract, The Contractor Shall Participate In A Kick-off Meeting With The Contracting Officer’s Representative (cor), Contracting Officer (co), And Other Nhtsa Staff. The Kickoff Meeting Will Take Place Via Teleconference And Will Be Approximately Two Hours In Length. The Contractor Shall Make A Brief Presentation Of Their Understanding Of The Contract Requirements. After The Presentation, The Parties Shall Discuss Basic Contract Requirements, Including The Schedule For Evaluations And Operational Procedures. Washington, Dc, Based Nhtsa Staff May Join Via Teleconference For These Discussions.
c.4.2 The Contractor Shall Clean And Remove All Grass, Weeds, Debris, And Soil From Cracks In The Asphalt Test Surface Prior To Beginning Paving.
c.4.3 The Contractor Shall Remove The Existing Surface; Or Subject To Cor Approval Repair The Existing Asphalt Test Surface With A Suitable Crack Sealant.
c.4.4 The Contractor Shall Design An Asphalt Mix That They Believe Is Capable Of Meeting The Required Performance Characteristics Detailed In Section C.4.6 Prior To Applying The Test Strip.
the Contractor Shall Prepare And Install An Initial Test Strip Before Installing The Full Asphalt Test Surface. The Contractor Shall Place A Test Strip That Is 10 Feet Wide And 150 Feet Long In The Shoulder Area Adjacent To The Asphalt Test Surface. The Purpose Of The Test Strip Is To Demonstrate The Wet Traction Coefficient Of Friction And Durability Of The Asphalt Mix Design. Alternatively, The Contractor May Place A Test Strip Of The Proposed Asphalt Mix Design At Satf Or Another Location (upon Approval By The Government And Within A 150-mile Radius Of Satf), So That Satf Personnel Can Access And Evaluate The Test Strip In A Manner Consistent With The Location At Satf.
the Government Will Burnish And Test The Surface For Wet Traction Coefficient Of Friction And Durability.
2) The Government Will Discuss The Results Of The Testing With The Contractor.
if An Additional Test Strip Is Required; The Following Procedure Will Be Followed:
the Contractor Shall Then Adjust The Asphalt Mix Design As Required To Meet The Friction Coefficient And Durability Requirements And Install Another Complete Asphalt Test Strip In The Same General Area As The Previous One; As Described In Paragraph (c.4.4.a, Above). The Contract Will Require Successful Paving Of At Least One Test Strip That Meets The Required Wet Traction Coefficient Of Friction And Desired Durability Prior To Receipt Of Approval By The Co In Order To Move Onto Phase 2 For Paving Of The Full Asphalt Test Surface.
once The Government Determines That The Test Strip Meets Durability And Skid Coefficient Requirements, The Contractor Will Be Notified By The Co That It May Proceed To The Task Detailed At C.4.5 Below.
phase Two (2) Full Asphalt Test Surface Application
c.4.5 The Contractor Shall Provide A Surface Within The Target Range For The Wet Slide Coefficient Of Friction Of 0.55µ To 0.62µ After Curing And The Government Has Burnished The Surface. The Coefficient Of Friction Will Be Measure By The Government Using The Utqg Traction Test Procedure And An Astm E 501 Tire.
c.4.6 Additional Construction Requirements
a. The Contractor Shall Prepare And Install An Asphalt And Aggregate Seal Coat Overlay On The Entire Test Surface And Shoulders, 1000 Feet Long And 104 Feet Wide, That Will Serve In Part As A Moisture Barrier.
b. The Test Procedure Requires A Traction Testing Apparatus Consisting Of A Pickup Truck And Instrumented Trailer To Travel At A Steady Speed Of 40 Mph. The Contractor Shall Construct The New Asphalt Test Surface In A Way That Allows For A Very Smooth Transition From The Oval Track Road To The Test Surface With No Perceptible Impact To The Driver And Enough Distance For The Vertical Loads To Settle Out Of The Suspension Prior To Reaching The First Test Location. The Contractor Shall Ensure The Exit Ramp Of The Test Surface Meets The Same Requirements. The Contractor Shall Ensure That The Surface Transition Is Smooth From Both Directions In The Event That Traffic Flow Is Reversed.
c. The Contractor Shall Ensure That The Final Test Surface Is Smooth And Free Of Bumps, Divots, Or Any Other Surface Disturbances. These Things Will Cause Transient Disturbances In Traction Testing Data Which Will Increase Test Variability And Produce Bad Data.
d. The Contractor Shall Ensure That There Are No Foreign Objects Purposefully Or Accidentally Left In The Test Surface. The Contractor Shall Ensure That The Surface Is A Smooth, Finished, Homogenous, Asphalt Surface.
e. The Contractor Shall Ensure That There Are No Longitudinal Or Horizontal Cracks In The Final Test Surface. The Contractor Shall Ensure That The Construction Seams Between Asphalt Lays Are Minimal With No Vertical Difference Between Lays.
f. The Contractor Shall Ensure That The Final Density Is Such That The Surface Can Support The Static And Dynamic Loads Of The Trailer Traction Testing Apparatus For The Extent Of The Test Surface Life Without Rutting.
c.4.7 At Transition Areas Between The Test Surface And The Non-test Surface, The Contractor Must Provide:
a. Butt Joints To Transition To And From Asphalt Test Areas To Ensure Structural Integrity And Smooth Transition To The Asphalt Roadway Surface.
b. Provide A Smooth Transition Between The Test Surface And The Non-test Surface, Such That, The Driver Of An Instrumented Skid Trailer Driving Over The Transition Area Will Not Feel A Bump And The Data Acquisition System Will Not Be Affected As The Various Axles Pass Over The Transition Area.
c. Two Full-width, Ramp-like Surface Grades Of 100 Feet Length Each. The Contractor Shall Ensure That Each Grading Has A Gradual Height Transition From The Original Non-test Asphalt Surface With Overlay To The Existing Concrete Test Surface.
c.4.8 The Contractor Shall Paint New Lane Stripes On The New Test Surface That Duplicate The Color, Width And Length Of The Old Lane Stripes, I.e., Alternating Yellow And White Stripes, 10 Feet Long, Beginning 10 Feet Prior To Entering Skid Pad Test Surface From Both Directions And A Lateral Midpoint Stripe.
c.4.9 The Government Will Evaluate The Completed Test Surface And Provide Final Acceptance To The Contractor. The Government Will Provide Final Acceptance Within Two (2) Months Of The Completion Of The Lane Stripes Being Completed.
c.4.10 The Contractor Shall Provide All Quality Assurance Or Quality Control Data And Documentation For Any Of The Materials And Test Surface Along With The Final Mix Design To The Cor. These Documents Must Be Provided Within 3 Weeks Of The Government’s Final Acceptance Of The Completed Test Surface.
c.5 Proprietary Or Confidential Information
consistent With The Data Rights Clause In Section (viii) Below Of This Agreement, The Contractor May Identify Any Proprietary Or Any Confidential Data Or Information Needed In The Performance Of The Contract. The Contractor Must Comply With The Data Rights Clause In This Agreement To Notify And Identify The Data Or Information With Limited Rights. The Government Can Assist The Contractor To Identify Limited Rights Data Consistent With The Data Rights Clause.
delivery Date, Acceptance (f.o.b. Destination)
date Of Delivery
the Period Of Performance For This Contract Shall Be Twelve (12) Months From Date Of Award. (dates Tbd)
place Of Delivery
department Of Transportation
national Highway Traffic Safety Administration
office Of Vehicle Safety (nef-220)
131 Comanche Trail Building 3527
goodfellow Afb, Texas 76908
contracting Officer’s Representative (cor) – Tbd
alternate Contracting Officer’s Representative (acor) – Tbd
inspection:
inspection And Acceptance
far 52.252-2 Clauses Incorporated By Reference (feb 1998)
this Solicitation Incorporates One Or More Clauses By Reference, With The Same Force And
effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make
their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At
this/these Address(es): Www.acquisition.gov/far
note: Those Clauses Marked With An “x” Are Hereby Incorporated By Reference.
applicable
“x”
far Clause Number
far Clause Title
(thru Fac 2005-99)
x
52.246-4
inspection Of Services—fixed-price (aug 1996)
inspection And/or Acceptance
the Cor As Designated In This Effort Shall Be Responsible For Performing The Inspection Of All Services Rendered Under This Award And For Recommending Acceptance Of Replacement/correction Of Services Or Materials That Fail To Meet The Requirements To The Contracting Officer.
the Cor Will Also Be Responsible To The Contracting Officer For Recommending Acceptance Or Replacement/correction Of Nonconforming Supplies Or Services That Fail To Meet The Requirements.
rejection Of A Final Report Will Delay Final Payment Of Costs Due Under The Effort. The Most Common Causes For Rejecting Final Reports Are:
incomplete Description Of The Work Objective And Its Relationship To Other Work Performed In The Area.
inadequate Description Of Methodology
insufficient Or Inconsistent Technical Information To Support The Findings Or Conclusions.
poorly Conceived Graphs, Charts, And Displays.
incorrect Spelling And Grammar
agency Personnel Responsible For Inspection
the Contracting Officer’s Representative (cor) As Designated In This Effort, Will Be Responsible For Performing The Inspection Of All Services Rendered Under This Award And For Recommending Acceptance Or Replacement/correction Of Services Or Materials That Fail To Meet The Requirements To The Contracting Officer.
milestones And Deliverables:
deliverables/milestones
the Following Milestones And Deliverables Apply To This Contract And Are Considered Critical To The Successful Completion Of The Project.
item No.
section
deliverable (d) /milestone (m)
estimated Timeline
1
c.4.1
(phase 1)
kickoff Meeting (m)
within Two (2) Weeks After Contract Award (aca)
2
c.3.1
contractor Submits Personnel List With Required Information For Base Security Checks (d)
within One (1) Month Of Item 1
3
c.3.1
personnel List Is Approved (m)
typically 2-4 Weeks From Item 2 Completion
4
c.4.4
contractor And Cor Determine Test Strip Start Date (m)
tbd
5
c.4.4
contractor Places Test Strip (d)
tbd
6
c.4.4.a.1
satf Completes Evaluation Of Test Strip (m)
within 2 Months Of Item 5 Completion
7
c.4.4.a.2
satf Discusses Test Strip Results With Contractor (m)
within 1 Week Of Item 6 Completion
8
c.4.4.b.1
(retest; If Required)
contractor Places Additional Test Strip (d)
if Applicable
9
c.4.4.a.1
(retest; If Required) Satf Completes Evaluation Of Additional Test Strip (m)
within 2 Months Of Item 8 Completion
10
c.4.4.b.2
satf Approves Mix Design (m)
within One (1) Week Of Identifying A Test Strip That Meets The Performance Criteria
11
c.4.5
(phase 2 Begins) Upon Approval
contractor Places Full Test Surface (d)
tbd
12
c.4.8
contractor Paints Test Surface (d)
tbd
13
c.4.9
satf Accepts Final Test Surface (m)
within Two (2) Months Of Item 12 Completion
14
c.4.10
contractor Provides Satf With All Qa/qc Data And Final Mix Design (d)
within Three (3) Weeks Of Item 13 Completion
payment Schedule:
Contract Payment Schedule
the Following Payment Schedule Is Hereby Incorporated And Applicable To All Payments To Be Made Under This Contract.
payment Schedule
task #
task Order Payment Schedule Milestones
percentage Of Total Price
c.4.1
kickoff Meeting
1%
c.4.4.b.2
test Strip Meets Skid Coefficient Requirements
20%
c.4.7
full Asphalt Test Surface
45%
c.4.7 & C.4.8
non-test Surface & Painting
24%
c.4.10
qa/qc Data And Final Mix Design
10%
100%
total Firm Fixed-price Amount
$tbd
far 52.212-1 -- Instructions To Offerors-commercial Products And Commercial Services (sep 2023) Is Applicable To This Solicitation.
Additional Clauses Incorporated By Reference (feb 1998)
Far Clauses Incorporated By Reference
this Solicitation And Any Resulting Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officerwill Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This Address: Www.acquisition.gov/far
fac Number: 2025-01
effective Date: 11-12-2024
52.202-1 Definitions (jun 2020)
52.203-3 Gratuities (apr 1984)
52.203-5 Covenant Against Contingent Fees (may 2014)
52.203-6 Restrictions Of Subcontractor Sales To The Government (jun 2020)
52.203-7 Anti-kickback Procedures (jun 2020)
52.203-8 Cancellation, Recission, And Recovery Of Funds For Illegal Or Improper Activity (may 2014)
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (may 2014)
52.203-12 Limitation On Payments To Influence Certain Federal Transactions (jun 2020)
52.204-4 Printed Or Copied Double-sided On Postconsumer Fiber Content Paper (may 2011)
52.204-10 Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020)
52.204-18 Commercial And Government Entity Code Maintenance (aug 2020)
52-209-6 Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment (nov 2021)
52.209-9 Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018)
52.213-1 Fast Payment Procedure (may 2006)
52.215-2 Audit And Records-negotiation (jun 2020)
52.215-8 Order Of Precedence-uniform Contract Format (oct 1997)
52.215-11 Price Reductions For Defective Certified Cost Or Pricing Data-modifications (jun 2020)
52.215-13 Subcontractor Certified Cost Or Pricing Data-modifications (jun 2020)
52.215-14 Integrity Of Unit Prices (nov 2021)
52.215-23 Limitations On Pass-through Charges (jun 2020)
52.216-7 Allowable Cost And Payment (aug 2018)
52.222-2 Payment For Overtime Premiums (july 1990)
52.222-3 Convict Labor (jun 2003)
52.222-21 Prohibition Of Segregated Facilities (apr 2015)
52.222-26 Equal Opportunity (sept 2016)
52.222-35 Equal Opportunity For Veterans (jun 2020)
52.222-36 Equal Opportunity For Workers With Disabilities (jun 2020)
52.222-37 Employment Reports On Veterans (jun 2020)
52.222-38 Compliance With Veterans’ Employment Reporting Requirements (feb 2016)
52.222-40 Notification Of Employee Rights Under The National Labor Relations Act (dec 2010)
52.222-50 Combating Trafficking In Persons (nov 2021)
52.222-54 Employment Eligibility Verification (may 2022)
52.223-6 Drug-free Workplace (may 2001)
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020)
52.225-1 Buy American-supplies (oct 2022)
52.225-3 Buy American-free Trade Agreements-israeli Trade Act (nov 2023)
52.225-13 Restrictions On Certain Foreign Purchases (feb 2021)
52.227-1 Authorization And Consent (jun 2020)
52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement (jun 2020)
52.227-3 Patent Indemnity (apr 1984)
52.227-14 Rights In Data-general (may 2014), (alternate I) (dec 2007), And (alternate Ii) (dec 2007)
52.227-16 Additional Data Requirements (june 1987)
52.227-17 Rights In Date-special Works (dec 2007)
52.228-7 Insurance-liability To Third Persons (mar 1996)
52.230-2 Cost Accounting Standards (jun 2020)
52.230-3 Disclosure And Consistency Of Cost Accounting Practices (jun 2020)
52.230-6 Administration Of Cost Accounting Standards (june 2010)
52.232-17 Interest (may 2014)
52.232-20 Limitation Of Cost (apr 1984)
52.232-22 Limitation Of Funds (apr 1984)
52.232-23 Assignment Of Claims (may 2014)
52.232-25 Prompt Payment (jan 2017) Alternate I (feb 2002)
52.232-33 Payment By Electronic Funds Transfer-system For Award Management (oct 2018)
52.232-34 Payment By Electronic Funds Transfer-other Than System For Award Management (jul 2013)
52.232-39 Unenforceability Of Unauthorized Obligations (jun 2013)
52.232-40 Providing Accelerated Payments To Small Business Subcontractors (mar 2023)
52.233-1 Disputes (may 2014) Alternate I (dec 1991)
52.233-3 Protest After Award (aug 1996) Alternate I (jun 1985)
52.233-4 Applicable Law For Breach Of Contract Claim (oct 2004)
52.237-3 Continuity Of Services (jan 1991)
52.242-1 Notice Of Intent To Disallow Costs (apr 1984)
52.242-3 Penalties For Unallowable Costs (dec 2022)
52.242-4 Certification Of Final Indirect Costs (jan 1997)
52.242-13 Bankruptcy (july 1995)
52.243-2 Changes-cost-reimbursement (aug 1987) Alternate Ii (apr 1984)
52.244-2 Subcontracts (jun 2020) Alternate I (jun 2020)
52.244-5 Competition In Subcontracting (aug 2024)
52.245-1 Government Property (sep 2021) Alternate I (apr 2012)
52.245-2 Government Property Installation Operation Services (apr 2012)
52.245-9 Use And Charges (apr 2012)
52.246-1 Contractor Inspection Requirements (apr 1984)
52.246-25 Limitation Of Liability-services (feb 1997)
52.247-29 F.o.b. Origin (feb 2006)
52.247-34 F.o.b. Destination (jan 1991)
52.249-6 Termination (cost-reimbursement) (may 2004)
52.249-14 Excusable Delays (apr 1984)
52.251-1 Government Supply Sources (apr 2012)
52.253-1 Computer Generated Forms (jan 1991)
Federal Acquisition Regulation (far) Clauses Provided In Full Text
this Contract Incorporates The Following Federal Acquisition Regulation Clauses Provided In Full Text:
Far 52.204-27 - Prohibition On A Bytedance Covered Application (jun 2023)
(a) Definitions. As Used In This Clause—
covered Application Means The Social Networking Service Tiktok Or Any Successor Application Or Service Developed Or Provided By Bytedance Limited Or An Entity Owned By Bytedance Limited.
information Technology, As Defined In 40 U.s.c. 11101(6)—
(1) Means Any Equipment Or Interconnected System Or Subsystem Of Equipment, Used In The Automatic Acquisition, Storage, Analysis, Evaluation, Manipulation, Management, Movement, Control, Display, Switching, Interchange, Transmission, Or Reception Of Data Or Information By The Executive Agency, If The Equipment Is Used By The Executive Agency Directly Or Is Used By A Contractor Under A Contract With The Executive Agency That Requires The Use—
(i) Of That Equipment; Or
(ii) Of That Equipment To A Significant Extent In The Performance Of A Service Or The Furnishing Of A Product;
(2) Includes Computers, Ancillary Equipment (including Imaging Peripherals, Input, Output, And Storage Devices Necessary For Security And Surveillance), Peripheral Equipment Designed To Be Controlled By The Central Processing Unit Of A Computer, Software, Firmware And Similar Procedures, Services (including Support Services), And Related Resources; But
(3) Does Not Include Any Equipment Acquired By A Federal Contractor Incidental To A Federal Contract.
(b) Prohibition. Section 102 Of Division R Of The Consolidated Appropriations Act, 2023 (pub. L. 117-328), The No Tiktok On Government Devices Act, And Its Implementing Guidance Under Office Of Management And Budget (omb) Memorandum M-23-13, Dated February 27, 2023, “no Tiktok On Government Devices” Implementation Guidance, Collectively Prohibit The Presence Or Use Of A Covered Application On Executive Agency Information Technology, Including Certain Equipment Used By Federal Contractors. The Contractor Is Prohibited From Having Or Using A Covered Application On Any Information Technology Owned Or Managed By The Government, Or On Any Information Technology Used Or Provided By The Contractor Under This Contract, Including Equipment Provided By The Contractor’s Employees; However, This Prohibition Does Not Apply If The Contracting Officer Provides Written Notification To The Contractor That An Exception Has Been Granted In Accordance With Omb Memorandum M-23-13.
(c) Subcontracts. The Contractor Shall Insert The Substance Of This Clause, Including This Paragraph (c), In All Subcontracts, Including Subcontracts For The Acquisition Of Commercial Products Or Commercial Services.
(end Of Clause)
far 52.223-99 – Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors (oct 2021) (deviation 2022-01)
(a) Definition. As Used In This Clause -
united States Or Its Outlying Areas Means—
(1) The Fifty States;
(2) The District Of Columbia;
(3) The Commonwealths Of Puerto Rico And The Northern Mariana Islands;
(4) The Territories Of American Samoa, Guam, And The United States Virgin Islands; And
(5) The Minor Outlying Islands Of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, And Wake Atoll.
(b) Authority. This Clause Implements Executive Order 14042, Ensuring Adequate Covid Safety Protocols For Federal Contractors, Dated September 9, 2021 (published In The Federal Register On September 14, 2021, 86 Fr 50985).
(c) Compliance. The Contractor Shall Comply With All Guidance, Including Guidance Conveyed Through Frequently Asked Questions, As Amended During The Performance Of This Contract, For Contractor Or Subcontractor Workplace Locations Published By The Safer Federal Workforce Task Force (task Force Guidance) At Https:/www.saferfederalworkforce.gov/contractors/.
(d) Subcontracts. The Contractor Shall Include The Substance Of This Clause, Including This Paragraph (d), In Subcontracts At Any Tier That Exceed The Simplified Acquisition Threshold, As Defined In Federal Acquisition Regulation 2.101 On The Date Of Subcontract Award, And Are For Services, Including Construction, Performed In Whole Or In Part Within The United States Or Its Outlying Areas.
(end Of Clause)
the Government Will Take No Action To Enforce The Clause Implementing Requirements Of Executive Order 14042, Absent Further Written Notice From The Agency, Where The Place Of Performance Identified In The Contract Is In A U.s. State Or Outlying Area Subject To A Court Order Prohibiting The Application Of Requirements Pursuant To The Executive Order (hereinafter, “excluded State Or Outlying Area”). In All Other Circumstances, The Government Will Enforce The Clause, Except For Contractor Employees Who Perform Substantial Work On Or In Connection With A Covered Contract In An Excluded State Or Outlying Area, Or In A Covered Contractor Workplace Located In An Excluded State Or Outlying Area. A Current List Of Such Excluded States And Outlying Areas Is Maintained At Https://www.saferfederalworkforce.gov/contractors/.
department Of Transportation Acquisition Regulation (tar) Clauses Incorporated By Reference
this Contract Incorporates The Following Transportation Acquisition Regulation Clauses (tar) By Reference (with The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make The Full Text Available.
1252.237-70 Qualifications Of Contractor Employees (nov 2022)
1252.237-72 Prohibition On Advertising (nov 2022)
1252.239-70 Security Requirements For Unclassified Information Technology Resources (nov 2022)
1252.239-71 Information Technology Security Plan And Accreditation (nov 2022)
1252.239-72 Compliance With Safeguarding Dot Sensitive Data Controls (nov 2022)
1252.239-73 Limitations On The Use Or Disclosure Of Third-party Contractor Reported Cyber Incident Information (nov 2022)
1252.239-74 Safeguarding Dot Sensitive Data And Cyber Incident Reporting
(nov 2022)
1252.239-75 Dot Protection Of Information About Individuals, Pii, And Privacy Risk Management Requirements (nov 2022)
1252.239-91 Records Management (nov 2022)
1252.239-92 Information And Communication Technology Accessibility Notice
(nov 2022)
1252.239-93 Information And Communication Technology Accessibility (nov 2022)
1252.242-71 Contractor Testimony (nov 2022)
1252.242-72 Dissemination Of Information (nov 2022)
1252.242-74 Contract Audit Support (nov 2022)
department Of Transportation Acquisition Regulation (tar) Clauses Incorporated In Full Text
tar 1252.223-73 Seat Belt Use Policies And Programs (nov 2022)
in Accordance With Executive Order 13043, Increasing Seat Belt Use In The United States, Dated April 16, 1997, The Contractor Is Encouraged To Adopt And Enforce On-the-job Seat Belt Use Policies And Programs For Its Employees When Operating Company-owned, Rented, Or Personally-owned Vehicles. The National Highway Traffic Safety Administration (nhtsa) Is Responsible For Providing Leadership And Guidance In Support Of This Presidential Initiative. For Information On How To Implement Such A Program Or For Statistics On The Potential Benefits And Cost-savings To Your Company Or Organization, Please Visit The Click It Or Ticket Seat Belt Safety Section Of Nhtsa’s Website Athttps://www.nhtsa.gov/campaign/click-it-or-ticke And Https://www.nhtsa.gov/risky-driving/seat-belts.
(end Of Clause)
far 52.212-2 - Evaluation-commercial Products And Commercial Services (nov 2021)
Section L - Notice To Offerors
1) The Government Intends To Award A Firm Fixed-price Contract To The Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers:
evaluation Factors Listed In Descending Order Of Importance:
factor 1 Technical Approach And Project Planning
factor 2 Corporate Experience And Past Performance
factor 3 Personnel Qualifications
factor 4 Price
evaluation Factors 1-3, When Combined, Are More Important Than Price.
2) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer’s Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award.
l.1- Technical Approach And Project Planning
the Proposed Technical Approach Shall Demonstrate The Objectives, Methods, Services, And Products Associated With Completing The Work Requirements Stated In This Solicitation. This Should Also Include An Explanation Of The Processes In Place For Monitoring The Quality Of Work And Materials Used For The Asphalt Test Surface Project.
additionally, The Offeror Shall Provide A Written Plan For The Proposed Project Schedule To Include The Anticipated Number Of Days After Contract Award To Begin Preparatory Work, Which Includes A Visit By The Project Manager/construction Supervisor To Goodfellow Air Force Base (gafb) To Obtain Approvals From Different Gafb Departments. The Offeror Shall Include The Estimated Amount Of Time For Preparatory Work, To Include, But Not Limited To; An Estimate Of Time After Security Vetting To Begin Work; An Estimate Of Time For The Placement Of A Test Strip; And An Estimate Of Time For The Placement Of The Full Test Surface And Painting Once The Mix Has Been Approved.
offerors Shall Develop The Performance Work Statement/statement Of Work (i.e. Offeror’s Solution) For Accomplishing The Objectives Of The Solicitation. Offerors Shall Develop The Performance Metrics And A Measurement Plan, And A Quality Assurance Plan For Accomplishing The Objectives Of The Solicitation.
l.2- Corporate Experience And Past Performance
the Offeror Shall Provide A List Of Past Projects That It Has Completed That Are Similar To The Project Described In This Solicitation. In Doing So, The Offeror Shall Provide:
customer Name
customer Contact Information
description Of The Project Requirements
contract Timeline And Schedule Variance
total Contract Value.
contract Number (if Federal Government Entity)
the Offeror Shall Also Provide Information On Any Contracts That Have Been Terminated For Default Or Convenience And Explain The Circumstances That Resulted In Those Decisions.
l.3- Personnel Qualifications
the Offeror Shall Provide Resumes For Personnel Proposed To Support This Project. Resumes Are Limited To 1 Page. At A Minimum, The Offeror Shall Provide Resumes For The Management Team, Project Manager, Project Engineer, And Construction Supervisor (or Similar Categories). The Resumes Shall Discuss Personnel Experience Related To Performing The Following Work:
asphalt Mix Design;
construction Of Traction Test Surfaces In General;
utqg Traction Test Surfaces Specifically; And
construction On Gafb Or Experience With Work On Military Bases.
l.4- Price/cost Proposal
the Price/cost Proposal Shall Be Inclusive Of All Prices/costs Necessary To Complete All Aspects Of The Statement Of Work.
**note**
a Site Visit To The Satf May Be Required After Contract Award For Afb Coordination Purposes. Site Visits Will Be Made Through Appointment Only With The Facility Manager/cor And The Contracting Officer.
Section M - Evlaution Factors For Award
m.1 Technical Approach And Project Planning (see L.1 For Instructions)
offerors Will Be Evaluated To Determine The Reasonableness, Completeness, Clarity, And Feasibility Of Their Approach To Carrying Out The Work Described In The Solicitation Regarding:
meeting The Required Traction Coefficient Target;
meeting The Test Surface Durability Requirements;
constructing The Surface To Meet The Ride And Smoothness Requirements;
executing A Quality Assurance/quality Control Program To Ensure The Surface Meets All Of The Requirements In The Statement Of Work; And
plan And Execute The Project Schedule.
m.2 Corporate Experience And Past Performance (see L.2 For Instructions)
offerors Will Be Evaluated To Determine:
the Ability Of The Offeror To Complete Projects Of Similar Technical Complexity.
the Offeror’s Ability To Meet Project Schedules, Milestones, And Deliverables.
the Ability Offeror To Complete Work On An Us Air Force Base.
in Addition, The Amount Of Experience Conducting Similar Work Will Be Considered.
m.3 Personnel Qualifications (see L.3 For Instructions)
offerors Will Be Evaluated On The Experience And Abilities Of The Proposed Professional And Technical Personnel. Offerors Will Be Evaluated On The Sufficiency Of The Experience And Technical Background Of The Proposed Staff To Ensure The Successful Completion Of Project.
m.4 Cost Evaluation Calculation
the Cost Proposal Will Be Evaluated For Reasonableness. Reasonableness Determinations May Be Made By Comparing Proposed Prices With The Independent Government Cost Estimate (igce), And By Comparing Proposed Prices With Prices Obtained Through Market Research For The Same Or Similar Items And Services.
for The Purpose Of Evaluating The Estimated Total Cost Proposed By Each Offeror, And For Establishing The Ceiling Amounts Of This Contract, Offerors Shall Complete Section (v) Contract Price, B.1 And Provide Supporting Documentation For All Proposed Costs.
m.4.1 Price Realism
offerors Are Placed On Notice That Any Proposal That Is Unrealistic In Terms Of Technical Commitment Or Unrealistically Low In Cost And/or Price Will Be Deemed Reflective Of An Inherent Lack Of Technical Competence Or Indicative Of Failure To Comprehend The Complexity And Risk Of Contract Requirements, And May Be Grounds For Rejection Of The Proposal.
m.4.2 Price Reasonableness
reasonableness Determinations Will Be Made By Comparing Proposed Prices Received In Response To The Solicitation, By Comparing Proposed Prices With The Independent Government Cost Estimate (igce), By Comparing Proposed Prices To Historical Prices Paid, And By Comparing Proposed Prices With Prices Obtained Through Market Research For The Same Or Similar Items.
far 52.212-3 -- Offeror Representations And Certifications-commercial Items (may 2024) (incorporated By Reference)
far 52.212-4 -- Contract Terms And Conditions-commercial Products And Commercial Services (nov 2023) (incorporated By Reference)
far 52.212-5 - Contract Terms And Conditions Required To Implement Statues Or Executive Orders-commercial Items (nov 2024) (by Reference)
special Contract Clauses And Provisions
the Successful Offeror Will Need To Provide The Following To Good Fellow Base Personnel: (provide Names, Dl #, Last 4 Of Ssn, Etc. At Least 4 Weeks Prior To Entry For Background Checks); See Specific Base Guidance Below To Make The Entry Process As Quick As Possible:
contact The Law Enforcement Desk ((325) 654-3504 Or 3505), To Let Them Know The Trucks Are On Their Way. That Way The Desk Can Contact The Inspection Facility To Let Them Know To Be On The Lookout For The Trucks.
(xiv) Defense Priorities And Allocations System (dpas)
not Applicable
(xv) Date, Time And Place Offers Are Due:
all Proposals Are Due On 4:00p.m. Est, January 13, 2025.
submit Proposals By Email To:
nhtsaoam@dot.gov, And Cc: Thomas.bub@dot.gov
the Subject Line Must Reference Rfp Number 693jj925r000012
attention: Thomas J. Bub
(xvi) Additional Information:
an Hour Long (i.e. 1 - Hour) Pre-proposal Conference Will Be Held On Thursday, December 19th, 2024 At 10:00a.m. Est. All Interested Potential Offerors Must Click The Link Below In Order To Register For This Virtual Call. (see Below)
pre-proposal Conference Registration Here * Note: (link Is Only Active On Attached Pdf Document)
following The Pre-proposal Conference Nhtsa Will Post All Responses To Questions Received In The Form Of An Amendment To This Solicitation Notice For The Public. All Solicitation Questions Are Due By 4:00p.m. On December 19th, 2024 To The Following Addresses At: Nhtsaoam@dot.gov, And Cc: Thomas.bub@dot.gov.
all Correspondence Must Reference Rfp Number 693jj925r000012 In The Subject Line.
Closing Date21 Jan 2025
Tender AmountRefer Documents
Municipality Of Irosin, Sorsogon Tender
Others
Philippines
Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Various Supplies & Materials For Dole Integrated Livelihood Program And Sustainable Industry Project 1. The Local Government Unit Of Irosin, Through The Trust Fund(dole) Intends To Apply The Sum Of Three Million Four Hundred Twenty Six Thousand One Hundred Thirty Six Pesos (p 3,426,136.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project, Good-01-2025. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Various Supplies & Materials For Dole Integrated Livelihood Program And Sustainable Industry Project Brief Description: 4 Pcs Barber Brush: 23.3cmx7cm, Soft Fiber Material And Wooden Handle/4 Pcs Hair Clipper: Electric, 110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time,4pcs Comb Guide 3/6/10/13mm,body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/4 Pcs Paddle Brush:body Material: Wood, Dimensions: (lxwxh) 25x8x3cm, Brown/8pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires, With Light And Perfume Button/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires,with Light And Perfume Button/4pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm,length: 20.9"/52cm,width: 14"/36cm,4 Drawers, Blower Holder/4pcs Talcum Powder: 200g, Hypo-allergenic, Dermatologist Tested/4 Pcs Cordless Clipper: Body Material: Aluminum,motor: Rotary,power/source Battery: Lithium-ion Battery (90+ Minutes Of Runtime), Blades: Titanium Blades, 3 Guide Combs Plastic Material (#1/2, #1, And #1½),cutting Lengths: 0.4-25mm,inclusions: A Blade Guard, 1 Recharging Transformer (charger), 1 Cleaning Brush, With Lubricating Oil Of At Least 5 Ml And English User Manual,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),weight: Maximum Of 400g, Input: Can Be Used For 110-240 Voltage/4pcs Hair Trimmer: Running Time 120 Minutes Battery Powered, Rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless,accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger) And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/4pcs Electric Shaver: With 3d Floating Cutter Head, 40mins. Running Time For 8hrs Fully Charged, Material: Stainless Steel,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),automatic Voltage 100-240v,battery: 2 Cell Nickel-metal Hydride Cylindrical Battery Pack, 4000mah,power Type: Rechargeable/4pcs Hair Shear: Material: Stainless Steel,1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6",accesories: Scissors Oil Atleast 5ml/4 Pcs Razor Blades: 10pcs/box (double Edge Stainless)/4 Pcs Shaving Razor/labaha: Dimensions: Approximately 5-6" (l) X 3/4-1" (w), Material: Carbon Steel, Color: Black/ 4 Pcs Barber Skin Fade Brush: Handle: Wood, With Soft Bristles 1" (l),dimensions: Atleast 5.5" (l) X 1" (w)/4pcs Comb Set: (4pcs/set), Material: High Quality Plastic, Inclusions: #1-approx. Size: 4.88" (l) X 1.02" (w), #2-approx. Size: 7.09" (l) X 1.46" (w), #3-approx. Size: 7.87" (l) X 1.18" (w), #4-6.10" (l) X 0.20" (w)/4pcs Shaving Gel: (foam), 195g/4pcs Barber's Cape: Color: Black,about 140cm (l) X 110cm (w), Cloth: Polyester/4pcs 360 Degree Swivel Barber Chair: Classic Back Seat With Chrome Steel Base, Premium Steel Frame And High Class Foot Pump, Heavy Duty Leather Cover; Lower Height - At Least 51cm, Top Height - At Least 61cm, Sandles Height - At Least 40cm/8pcs Barber Apron: With Two Pockets, Waterproof, Material: Cotton And Acrylic, Item Size: Approx. 38-38.19" (l) X 27-27.36" (w)/ 4pcs Pomade: 80g, Water-based/26pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g, Triangle-shaped/26pcs Meter Tape With Magnetic Hook: Blade Material, Nylon Coated Blade,dimensions: 16ft (l) X 25mm (w)/26pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree,44mm, 90 Degree: 65mm,maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg,item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/26pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/26pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/26 Pcs Portable Hand Drill: Power Sourced: Battery Powered - 2pc 21 Volt 1500mah Lithium-ion Batteries, Maximum Rotational Speed: 1500 Rpm, Voltage: 210v,amperage: 1.5 Amps, Chuck Size: 0.38",bit Heads Diameters: From 0.8mm-10mm,product Dimensions: 9.6" (l) X 2.1" (w) X 7.5" (h), Material: plastic, Rubber, Metal, Item Dimensions: Approx. 9.6" (l) X 2.1" (w) X 7.5" (h),item Weight: Atleast 2.5 Pounds,item Torque: 330 Inch Pounds; Inclusions: 1x21 Volt Inspiritech Cordless Power Drill, 2x Rechargeable Battery, 1x English User Manual, 10x Self-drilling Drywall Anchors,10x Screwdriver Bits, 2x Double Ended Bits, 3x Drilling Bits, 1x Magnetic Extension Socket Bit Holder, 10x Anchors With Screws,1x One-hour Fast Charger, 1x Flexible Extension Shaft, 1x Carrying Bag/26pcs Wood Planer: Rated Voltage: 220v, Rated Input Power: 600w, Cutting Width: 82mm, Load Speed: 15,000rpm, Frequency: 60hz, Weight: 3kg./26 Pcs Framing Hammer: Handle Material: Alloy Steel, Item Dimensions: Approximately 16-17" (l) X 5.75-6" (w) X 1.5-2" (h), Item Weight: Atleast 1.4 Pounds/26 Pcs Trim Hammer: Handle Material: Wood, Head Material: Alloy Steel; Item Dimensions Approximately: 14-15" (l) X 5-6"(w) X 1-2" (h),item Weight: Atleast 594 Grams/26pcs Roofing Hammer: Item Weight: 1.25 Pounds, Product Dimensions: Approx. 13.7" (l) X 6.75" (w) X 1.5" (h)/26 Pcs Chalk Line: Item Weight: 10.6 Ounces, Product Dimensions: approx. 1200" (l) X 4.72" (w) X 5.91" (h) Inches, Color: blue, Material Type: Alloy Steel, Rubber/26 Pcs Utility Knife: Handle Material: Aluminum, Material: Aluminum Alloy, Weight: 120g/pcs, Blade Size: 19mm (w) X 61mm (h) X 0.6mm (t),blade Material: Steel, Thickness: Atleast 0.6mm/26 Pcs Tin Snips: Item Weight: atleast 1 Pound, Package Dimensions: Approx. 12.36" (l) X 3.7" (w) X 1.3" (h),size: long Straight, 12 Inches Long, Blade Length: 3.20",material: Steel, Cutting Thickness Range Up To 1.2mm Carbon Steel And 0.7mm/26 Pcs Framing Square: Shorter Leg Measures At 8 Inch Outside And 6.5 Inch Inside, Longer Leg Measures At 12 Inch Outside And 11 Inch Inside,material: Carbon Steel/26 Pcs Level: Box Beam Style, Material: Aluminum,dimension: Approximately 24-24.5" (l) X 2-2.6" (w) X 1.2-1.5" (h), Weight: Atleast 0.8 Pounds/26 Pcs Electric Planer: Voltage: 220-240v,input Power: 1050w, No Load Speed: 1600rpm, Planing Width And Depth,82x3mm,heavy Duty Aluminum Base/1 Pc Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/1 Pc Air Compressor Machine: Motor Power: 1hp, Size: Approx. 935x385x800mm,voltage: 220-240v, 60hz, Speed: 3400 Rpm, Tank Capacity: 24l , Operating Pressure: Max 8 Bar, Air Displacement: 93l/min, Pump Lubricated With Oil/1 Pc Blue Painters Tape, Color: Blue, Size: Atleast 1.41" X 20m,thickness: 0.13mm, Item Weight: 1.92 Pounds, Material: Paper/2pcs Electric Spray Gun: Voltage: 220-240v~50/60hz,spraying Pressure: 0.1-0.2 Bar, Max Flow: 850ml/min, Max Viscosity: 50din-s, Container Capacity: Atleast 800ml,power Cord Length: 2m, Rated Power 500w, Spraying Pressure: Atleast 0.1-0.2bar, Item Dimensions: Approximately 13" (l) X 5" (w) X 11" (h)/1 Pc Extension Pole, (3 Stage Extender) Reach: 1.5-to-3ft,weight: Maximum Of 0.5 Pounds, Max. Standing Reach: 10ft, Material : Aluminum/2 Pcs Paint Brush Set, 5 Pcs/set, Material: Synthetic Bristle, Wood Handle, Overall Length: Atleast 11", Bristles Length: Atleast 3", Brush Width: 1", 1-1/2" 2", 2-2.5", 3"and 4"/ 5 Pcs Paint Roller, Material: Plastic,package Dimensions: Approximately 15.16" (l) X 11.22" (w) X 3.15" (h),item Weight: Atleast 1.06 Pounds, Inclusion: Roller, Atleast 7" In Length, Material: Polyester/2 Pcs Painters Gloves, 12 Pcs/pack, Material: Cotton, Color: Red/1 Pc Putty Knife/paint Scraper Set (4pcs), Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/1 Pc Steel Float/plastering Trowel: Thickness: Atleast 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Material: High Carbon Steel With Wood Handle/2 Pcs Lpg Tank With Gas Regulator And Accessories, Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pcs Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)/2 Pcs Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/2 Pcs Baking Sheet: Aluminum, 12x16 Inches/2 Pcs Digital Kitchen Scale: Accurate Measurement; Weigh Up To 5 Kg / 11 Lb Precisely In 1 G / 0.05 Oz Increments, Quality Material: Measure Food, Small Items, And Liquids With Confidence On The 304 Food-grade, Stainless Steel Platform, Approx. Dimension 7.3-7.5" (l) X 5.7-5.90" (w) X 0.6-08" (h), 2 X 1.5v Aaa Batteries/2 Pcs Measuring Cup (for Liquid Ingredients): 1 Measuring Cup With Red Graphics, Made Of Non-porous Glass That Won't Warp, Stain, Or Absorb Odors, Glass Is Preheated Oven, Microwave, Fridge, Freezer & Dishwasher Safe, Dimension: Approx. 7.13" (l) X 6.75" (w) X 4.38" (h), Measuring Capacity: 500ml/2 Pcs Measuring Cups (for Dry Ingredients): Material: Stainless Steel, 5 Pieces Per Set (1 Cup, 1/2 Cup, 1/3 Cup, 1/4 Cup, 1/8 Cup)/2 Pcs Measuring Spoons (set): 7pcs Stainless Measuring Spoon Kit, The Kit Includes: 1/8 Tsp (0.63ml), 1/4 Tsp (1.25ml), 1/2 Tsp (2.5ml), 3/4 Tsp (3.75ml), 1 Tsp (5ml), 1/2 Tbsp (7.5ml), 1 Tbsp (15ml)/2 Pcs Mixing Bowl: Medium, Approx. Diameter: 28cm, Height:11.2cm, Material: Stainless; Capacity: At Least 4l/2 Pcs Standmixer: 2-in-1 360 Automatic Rotating Bowl Electric Stand & Hand Mixer, 4.5l W/ 5-speed Turbo Function,color: Black/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Pc Caldero: Aluminum, #2, Diameter Height 28cmx16cm With Double Handle/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/1 Pc Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)1 Pc Food Glass Display (estante): 3 Layers; 20(h)x18(w)x36(l)", Aluminum Base, Glass With Screen Door/1 Pc Casserole With Double Handle: Material: Aluminum, Size: 26cm Dimension: 36(l) X 28.5(w) X 21(h)cm/2 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/1 Pc Chopping Board: Material: Polypropylene/1 Pc Chopping Knife: 10” Stainless,wood Handle/1 Pc Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in; Color: Beige2 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Beach Umbrella: 90" Diameter X 8 Ft. Height, 8 Rib Round Metal Pole, Polyester Multi-coloured Umbrella Canopy/2 Pcs Cooler Container: Chest Insulated Cooler, Materials: Polystyrene, Sizes And Capacities: 30 Liters - 45.5cm(l) X 39cm(w) X 31cm(h),color: Blue Or Red/1 Pc Grill/ Ihawan With Stand,material Of Body And Stand: Stainless , 24x12x33inches (lxwxh), Depth: 5inches/2 Pcs Bicycle With Sidecar: Bicycle Specifications: Bmx Type Bike (frame 1//2 Gi Hd, Rim Set Front X 10 G Wide Jap Hub, Rim Set Rear X 10g Wide Jap Hub, Tire 20 X 2.125 Jumbo, Tube 20 X 2.125, Handle Bar Painted Black, Fork Ex-900 Landing Gear Cp, Head Parts Nikyo/whw, H-post Bmx Ord.m, H-grip Ord. Opc Parts Neco Bearing Type, Opc Plate 36t, Chain Cp Bmx, Freewheel 24t, Pedal Opc Bearing Type, Seat Clamp/s-pin/ S-post P, Saddle With Spring, Footbreak With Spring "full Size" Frame, 175-180mm Cranks Side Car With Umbrella Holder And 2 Chest Coolers Carrier (52l Capacity) - Dimensions: 25.8" (l) X 16.2" (w) X 15.7" (h) Materials: 1/2 J1 Pipe 540, 316 X 1 Flat Square Bar, J1 Pipe De Una 520, 1/4 X 2 Flat Bar, 6203 Gi Set, Tire 20 X 2.125 Jumbo/2 Pcs Weighing Scale: 10kg Capacity, Colored Body / Stainless Pan, Graduation: 50g, Powder Coated Body, Pan Size: 255mm Ø X 55mm Deep, Dial Face: 185mm Ø, 4 Units/master Carton/4 Pcs Plastic Fruit Crate 21 X 15 X 12 Inches/1 Pc Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/1 Pc 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/1 Pc Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w); Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/1 Pc Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/1 Pc 7pcs Face Brush Set, Inclusion: Powder Brush, Size: 17cm, Bristle Length: 3.2cm, Ferrule Width:1.9cm, Powder Buffer Brush, Size: 19cm, Bristle Length: 5cm, Ferrule Width: 2.1cm,foundation Brush, Size: 17cm, Bristle Length: 3.3cm, Ferrule Width: 2.2cm, Flat Foundation Brush, Size: 17cm,bristle Length: 3.2cm; Ferrule Width:1.2cm, Highlight Brush, Size: 16.5cm,bristle Length: 2.7cm, Ferrule Width: 2.3cm,angle Cheek Brush, Size: 17cm, Bristle Length: 3.1-2.3cm,ferrule Width: 2.4cm, Highlighting Fan Brush, Size: 16.5cm, Bristle Length: 4cm, Ferrule Width: 2.5cm, With Brush Bag/1 Pc Eyelash Curler: Material: Carbon Steel, Size: Approx. 5.91 X 3.94 X 1.97"/1 Pc Eyebrow Razor: Handle Material: Plastic, Size: Approx. 6.8(l) X 2(w) X 0.1"(h), 6pcs/pack/1 Pc Makeup Sponge Set Blender: Material: Sponge, Size: Approx. 4.02 (l) X 3.94(w) X 2.52"(h), 4pcs/set/1 Pc False Eyelashes, Product Dimensions: Approx. 0.75(l) X 3.88(w) X 5.38"(h), 5pairs/pack/1 Pc Eye Shadow Pallete: 12 Curated Peach-inspired Shades, Finish Type: Metallic, Matte, Product Dimension: Approx. 0.08 (l) X 0.04 (w) X 0.06" (h)/1 Pc Contour Palette: Multi-colored, Finish Type: Matte, Package Dimension: Approx. 5.75 (l) X 4.25 (w) X 0.5" (h)/1 Pc Hypercurl Waterproof Mascara Make Up Set: Product Dimensions: Approx. 0.85 (l) X 2.75 (w) X 5.63" (h), Color: Black/1 Pc Waterproof Matte Gel Eyeliner Pencil: Item Form: Pencil, Powder, Creamy, Finish Type: Matte, Product Dimensions: About 5.77 X 1.97 X 0.81", Color: Black/1 Pc Eyebrow Gel, Waterproof: Weight: About 0.16 Oz, Product Dimension: Approx. 0.75 (l) X 1.9 (w) X 5.65 (h) Inches, Color Black, Brown/1 Pc Blush On, 3 Complimentary Skin-flushed Shades, Product Dimensions: Approx. 2.89 (l) X 0.43 (w) X 2.33" (h)/1 Pc Powder Blush Makeup Palette, Product Dimensions: approx. 2.43 (l) X 2.43 (w) X 0.66" (h)/1 Pc Eye Shadow Palette; 12 Curated Peach-inspired Shades, Finished Type:metallic,matte, Product Dimensions:approx 0.08(l)x0.04(w) X0.06”(h)/ 1 Pc Applicator Brush And Plastic Comb: 13cm Black, Double-sided Comb, Pointed Handle For Sectioning Hair/1 Pc Hair Clipper: Electric; 110v-240v, 50-60hz,all Metal Machine, Led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g, With Complete Accessories - Fiber Comb: Cleaning Brush, Lubricant, Charger/1 Pc Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/1 Pc Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/1 Pc Curling Iron: 220v Power, 4gen; White, 32x25x13mm, Energy Efficient-48w,360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/1 Pc Apron: Length: 76cm, Width: 59cm, Color: Black, Material: Nylon, Waterproof/1 Pc Curling Rod: Small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits,multi-color/1 Pc Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Spray Net: 600ml, 27.5cm, Hard Hold/1 Pc Hair Spray Aerosol Extra Hold: Weight: About 7ounces /198g, Scented, Package Dimensions: 7.83 X 6.69 X 2.17"/1 Pc Hair Trimmer: Running Time 120 Minutes Battery Powered,rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless; Accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger), And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/3 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v,body Material: Plastic/3 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free; Hanger Design, Ptc Heater - Instant Heat-up/3 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w),curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w),package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/3 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5",color: Black (12pcs)/3 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx. 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/3 Pcs Cutting Scissors: 6" Stainless Steel, 65g/3 Pcs Thinning Scissors: 17.5x5cm Stainless Steel/3 Pcs Drip Pan: 32cmx35cm Plastic, Black/3 Pcs Hair Clipper: Electric,110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm, Low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/3 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h),inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/3 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/3 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Saphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/3 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/3 Pcs Astringent Foot Soaker: 128oz/3 Pcs Cooling Foot Soak: Product Dimensions: approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/3 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/3 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/3 Pcs Foot Scrub/3 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/3 Pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/3 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/3 Pcs Apron: Length: 76cm, Width: 59cm,color: Black,material: Nylon, Waterproof/3 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer,500ml/3 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/3 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/3 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/3 Pcs Hair Cellophane: 500ml, Natural, Brown,burgundy And Ash Blonde Variant/3 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/3 Pcs Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/3 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/3 Pcs Hair Bleaching Powder: 500g/3 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/24 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦,swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/24 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/24 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/24 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx. 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/24 Pcs Drip Pan: 32cmx35cm Plastic, Black/24 Pcs Shower Caps: 32cm, Thick Plastic, Elastic, Washable/24 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/24 Pcs Curling Iron: 220v Power, 4gen, White, 32x25x13mm, Energy Efficient-48w, 360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/24 Pcs Hair Steamer: With 4 Wheels, 360degrees Movable, Gray Color, Adjustable Height With Timer And Control/120 Pcs Cape: 140x110cm, Satin, Nylon, Waterproof, Black/72 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber, Dark Colors/24 Pcs Curling Rod:small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/120 Pcs Ear Caps: (l X W X T): 8cm X 4.5cm X 2.1cm/3.15" X 1.77" X 0.83", Black,plastic/24 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/24 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/24 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/24 Pcs Hair Cellophane: 500ml, Natural, Brown, Burgundy And Ash Blonde Variant/24 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/24 Pc Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/24 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/24 Pcs Hair Bleaching Powder: 500g/24 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Shear: Material: Stainless Steel, 1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6", Accesories: Scissors Oil Atleast 5ml/34 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/34 Pcs Crow Bar: At Least 36" Long,length Tolerance: +- 1/8, Material: Forged Steel Carbon/34 Pcs Claw Hammer: Round Head, Head Weight: At Least 16oz, Overall Weight: Approximately 17oz-23oz, Head Material: Forged Steel, Handle Material: Fiberglass Handle With Rubber Cushion, Overall Length: Approximately 12-14"/34 Pcs Hacksaw With Blade: Material: Aluminum Alloy Frame With Soft-grip Handle, At Least 12"-15" Long Including Handle, With Soft-grip Rubber Handle, Bi-metal, Blade Length: About 30cm, Width: 3cm/34 Pcs Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/34 Pcs Handsaw: Blade Length: About 15",blade Material: Carbon Steel, Handle Length: 5", Handle Material: Plastic/rubber, Color: Gray,8 Teeth Per Inch/34 Pcs Shovel: Round End, Tempered Steel Blade: 17-23 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm, Capacity: 350-400 Lbs/34 Pcs Shovel: Rectangular End, Tempered Steel Blade: 22-26 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm/34 Pcs Level Bar: Aluminum Frame, Length: At Least 24"/60cm, Aluminum Thickness: 1.5mm, Double Side Milles, 0.5mm/m Accurate Vials/34 Pcs Steel Float/plastering Trowel: Thickness: At Least 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Mmaterial: High Carbon Steel With Wood Handle/34 Pcs Steel Square: Carpenter's Framing Square, Blade Width: 2" Scale: At Least 16" (l) X 24" (w), Material: Steel/34 Pcs Masonry Trowel: Length: At Least 12"long, Width: 6", Material: Flat Steel, With Wood Handle/34 Pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree: 44mm, 90 Degree: 65mm, Maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg, Item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/34 Pcs Masonry Square/metric Square: Material: Aluminum, Length: Approx. 24", Width: 16", 1/8 '' Thickness/34 Pcs Mason's Level: At Least 48'' Long, Aluminum Reinforced Frame, 60cm Only/34 Pcs Sledgehammer: Weight: At Least 3 Lbs With Fiberglass Handle, Forged Steel Round Head, Length: Approximately 25-27"/34 Pcs Concrete Chisel: Pointed Sharp End, Material: Forged Steel Chisel, With Rubberized Handle, Length: Approximately 10''/34 Pcs Putty Knife/paint Scraper Set (4pcs): Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/34 Pcs Mason's Line: #18 Braided Nylon, 500 Ft/roll, Color Orange/34 Pcs Hammer Drill: Electric, 1980w 220v, Rated Frequency: 50/60hz, Load Speed: 0-3800rpm (revolutions Per Minute), Chuck: 13mm With Ergonomic Anti-slip Handle/34 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4",rated Voltage: 220v, Frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/34 Pcs Wooden Float: Size: At Least 12x4", Has 5/8" Thick Rubber Pad, With Wooden Handle/4 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h), Inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/4 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/4 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Sapphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/4 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/2 Pcs Astringent Foot Soaker: 128oz/2 Pcs Cooling Foot Soak: Product Dimensions: approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/2 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/4 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/2 Pcs Foot Scrub/2 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/6 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber,dark Colors/2 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer, 500ml/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in, Color: Beige/1 Pc Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Peanut Grinding Machine: Electric, 220v, 300w, 50-60hz,material: High Quality Stainless Steel Body And Base, Color: Black, Dimension: Approx. Length: 43.5cm, Width: 23cm, Height: 13.5cm/1 Pc Hand Cobbler Shoe Repair Machine Dual Cotton Nylon Line Sewing Machine Manual Leather Machine Shoe Sewing Machine Color Silver: Product Dimensions 14.4"d X 20.5"w X 5.5"h, Material: Cast Iron Item Weight: 22 Pounds, Power Source: Crank/5 Pcs Wooden Handle Shoes Repairing Awl Shoe Sewing Tool Diy Craft Repair Hand Straight Hook Shoes Sewing Awl Type: Shoes Sewing Awl Material: Wood+metal, Features: Shoes Sewing Awl, Repair Hand , Crochet Needle Tool Dimension: 1: App.2x13.5x6cm/0.79x5.31x2.36in 2: App.2x13x5.5cm/0.79x5.12x2.17in 3: App.2x13x5.5cm/0.79x5.12x2.17in, Color: Wood Color + Silver/5 Pcs Upholstery Stitching Thread Black 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread Brown 100 Mtr 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread White 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/2 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/2 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h)/2 Pcs Chipping Hammer: Item Weight: at Least 13.8 Ounces, Product Dimensions: 11" (l) X 1" (w) X 7.5" (h), Material: Genuine Leather Grip And Forged Steel/2 Pcs Heavy Duty Corded Drill: Rated Input Power: 750w, Chuck Capacity: Up To 13mm, Drill Capacity: Metal (16mm), Wood (25mm), Masonry (12mm), Dimension: 268mm (l) X 69mm (w) X 192mm (h), Weight W/out Cable: Approximately 1.6-1.8 Kg, Spindle Collar Diameter Of 43 Mm/2 Pcs Metal Drill Bit Set: Material: High Speed Steel, 19pcs Per Set(1mm,1.5mm,2mm,2.5mm,3mm,3.5mm,4mm,4.5mm,5mm,5.5mm,6mm,6.5mm,7mm,7.5mm,8mm,8.5mm,9mm,9.5mm,10mm), Point Angle: 118degree C, Standards: Din 338, Bit Geometry: Standard Twist Bit/2 Pcs Mig Welding Pliers: Overall Length: Atleast 210mm, Material: High Carbon Steel, Handle Material: Thermoplastic Rubber/2 Pcs Needle File Set: (6 Pieces Hand Metal Files, Hardened Alloy, Strength Steel Set Includes Flat, Flat Warding, Square, Triangular, Round, And Half-round File), Color Black, Metal Type: Carbon Steel, Handle Material: Wood, Alloy Steel, Item Dimensions: Approximately 6.1" (l) X 3" (w) X 0.5" (h)/2 Pcs Portable Welding Machine: Input Voltage: 220-240, Frequency: 50-60hz, Output Current: 10-220a, Led Display, No-load Voltage: 85v, Max. Output Current: 220a, Diameter Of Electrode: 1.6-3.2mm, Inclusions: 1 Pc Electrode Holder, 1 Pc Earth Clamp With Cable/2 Pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g,triangle-shaped/2 Pcs Welding Helmet: Auto Darkening Helmet: Power Supply: Battery And Solar Powered, Light Shade: Din9-1, Dark Shade: Din4, Switching Time: 1/25000s, Delay Time: 0.1-0.8s, Sensitivity Adjustment: Stepless Control, Operation Temperature: -5 Degrees- 55 Degrees, Active Viewing Area: 93mmx43mm, Active Viewing Area Size: (+/- 10mm), Item Weight: At Least 1.85 Pounds, Package Dimensions: approximately 12-12.4" (l) X 9-9.61" (w) X 7-7.68" (h)/2 Pcs Welding Magnets: 6 Pcs/set, Overall Length: At Least (3"), Hold Capacity: Up To 25lbs, Arrow Design Supports Angle: 45°, 90°, And 135°, Item Weight: 295g, Package Dimensions: 4.88 X 4.72 X 3.98 Inches, material: Steel, Magnets Size: Approximately - Top (1-1.4cm), Bottom (6.5-7cm), Side (7-7.5cm) Thickness (1-1.3cm)/2 Pcs Welding Suit: 100% Cotton With Pyrovatex, 2 Back Pockets And Rule Pocket With Safety Gusset Feature, High Quality And Long Lasting, Two Way Zipper, Approximate Cloth Size: Large/10 Pcs Camping Dome Tent: Product Dimensions: 82.7"l X 55"w X 43.5"h, Item Weight: 4 Pounds Shape: D Shape Occupancy: 2 Person Included Components: Carry Bag, Stakes, Rainfly Water Resistance Technology 1000 Millimeters, Special Feature: Windproof, Sun Protection/outdoor Mat (banig):size (48" X 75") Material: Palm Leaves (buri)/10 Pcs Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/2 Unit Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Unit Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/5 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pc S Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/5 Pcs Wok Ladle: Material: Stainless Steel With Wooden Handle: Total Length Of Item: 24 Inches/5 Pcs Wok Spatula: Material: Stainless Steel With Wooden Handle, Total Length Of Item:24 Inches/5 Pcs Stainless Steel Long Wooden Handle Skimmer Strainer: Material: Stainless Steel, Size: 32.3*11.5cm/5 Pcs Casserole With Double Handle: Material: Aluminum, Size: 26cm, Dimension: 36(l) X 28.5(w) X 21(h)cm/5 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/5 Pcs Chopping Board: Material: Polypropylene Plastic: 8"(w) X 10"(l), 1cm (thickness)/5 Pcs Chopping Knife: 10" Stainless; Wood Handle/5 Pcs Grill/ Ihawan With Stand, Material Of Body And Stand: Stainless, 24x12x33inches (lxwxh), Depth: 5inches/1 Unit Heavy Duty Commercial Micromatic Big 7.8l Mrc-50 Rice Cooker 45cups (white)/10 Dz Melamine Round Dinner Plate: 9" Diameter, Color; White/10dz Platito (saucer): Material: Melamine Plastic, Standard Size: 6 Inch (diameter) X ¾ Inch Height/10 Pcs Serving Tray Bamboo - Wooden Tray With Handles, Color Brown Material Wood, Product Dimensions 17"l X 11"w X 2"h/10dz Drinking Glass: 8 Oz, Glass, Product Size: Base Diameter-7cm, Top Diameter: 7cm, H-11.4cm, Heat Resistant, Dishwasher Safe/10dz Spoon: Stainless, 12pcs/per Pack, Size: 8"/10dz Fork: Stainless, 12 Pcs/per Pack, Size 8"/5dz Mangkok (round Shape Bowl), Materials: Ceramic, Size: 6inch (diameter) X 5cm (height)/5 Pcs Storage Box With Wheels For Easy Transport, Measurements: L72 X W52 X H44cm, Food Grade Material, 120l Capacity, Stackable; With Lid And Handle, Color: White/2 Pcs Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/5 Pcs Gallon Acrylic Juice Dispenser Type: Type: Water/juice Dispensers, Overall Dimensions: Height:32 1/2 Inches, Top Diameter: 6 11/16 Inches, Capacity:1.1 Gallons, Base Material: Stainless Steel, Container Material: Acrylic, Style: Single/5 Pcs Chafing Dish Food Warmer Buffet Set: Size: 1/1pan*3, Color: Silver, Material: Stainless Steel, Product Dimensions: 13.39"l X 15.35"w X 23.62"h, Capacity: 8 Quarts/5 Pcs Chest Cooler: Item Package Dimensions: 25.8" (l) X 16.2" (w) X 15.7" (h), Package Weight: 5.76kg, Inside Dimensions: 24.95" (l) X 14.58" (w) X 14.77" (h), Material: plastic, Chamber Depth: 24.95", Capacity: 52l , Color: Blue Or Red/5 Pcs Matress: Size: Semi Double (48" X 75"), Thickness: 4"/15 Pcs Matress Size: Queen (60" X 75") Thickness: 4"/15 Pcs Pillow: Size: Standard (20" X 26")/10 Sets Bed Linen Set Of 3pcs, 1-bed Sheet Size (48" X 75"), 2-pillow Case (20" X 26")/2 Sets Bed Linen Set Of 3pcs: 1-bed Sheet Size (60" X 75"), 2-pillow Case (20" X 26")/6 Unit Electric Fan: Color: Black, Electric Fan Design: Floor Fan, Power Source: Corded Electric Style: 3-speed Ac Motor Fan, Product Dimensions: 15.75"d X 17.72"w X 53.15"h, Room Type: Bedroom, Special Feature: Oscillating, Adjustable Height, Adjustable Tilt,wattage: 60 Watt/4 Unit Industrial Ceiling Fan: Product Material: Cast Aluminum Casing, Product Specifications: 2000mm, Operating Voltage: 220v, Wind Speed: 5th Gear, Number Of Fan Product Color: Black, White, Product Power: 165w, Blades: 6 Blades/150 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: White/15 Pcs Solid Top Round Table: Material: Plastic, Color: White, Size(cm): 115 X 74 X 4.5, Foldable Legs,diameter: 45″, 6 To 8 Seater Capacity Approved Budget For The Contract : P 3,426,136.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Trust Fund((dole) 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 Privileges 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 January 8, 2025 Until January 30, 2025 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 January 15, 2025, 9:00am At The Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon Which Shall Be Open To All 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 January 30, 2025, 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 January 30, 2025, 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: Judith O. Baeza Peso 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 Publication: January 8, 2025 _____________________ 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 Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project, With Project Identification Number Good-01-2025. [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 Various Supplies And Materials For Livelihood Program, 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 Trust Fund(dole) In The Amount Of 2.2. The Source Of Funding Is: Three Million Four Hundred Twenty Six Thousand One Hundred Thirty Six Pesos (p 3,426,136.00) Trust Fund(dole) 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 Hold A Pre-bid Conference For This Project On January 15, 2025, 9:00am At The Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. 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 Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project Brief Description: 4 Pcs Barber Brush: 23.3cmx7cm, Soft Fiber Material And Wooden Handle/4 Pcs Hair Clipper: Electric, 110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time,4pcs Comb Guide 3/6/10/13mm,body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/4 Pcs Paddle Brush:body Material: Wood, Dimensions: (lxwxh) 25x8x3cm, Brown/8pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires, With Light And Perfume Button/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires,with Light And Perfume Button/4pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm,length: 20.9"/52cm,width: 14"/36cm,4 Drawers, Blower Holder/4pcs Talcum Powder: 200g, Hypo-allergenic, Dermatologist Tested/4 Pcs Cordless Clipper: Body Material: Aluminum,motor: Rotary,power/source Battery: Lithium-ion Battery (90+ Minutes Of Runtime), Blades: Titanium Blades, 3 Guide Combs Plastic Material (#1/2, #1, And #1½),cutting Lengths: 0.4-25mm,inclusions: A Blade Guard, 1 Recharging Transformer (charger), 1 Cleaning Brush, With Lubricating Oil Of At Least 5 Ml And English User Manual,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),weight: Maximum Of 400g, Input: Can Be Used For 110-240 Voltage/4pcs Hair Trimmer: Running Time 120 Minutes Battery Powered, Rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless,accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger) And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/4pcs Electric Shaver: With 3d Floating Cutter Head, 40mins. Running Time For 8hrs Fully Charged, Material: Stainless Steel,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),automatic Voltage 100-240v,battery: 2 Cell Nickel-metal Hydride Cylindrical Battery Pack, 4000mah,power Type: Rechargeable/4pcs Hair Shear: Material: Stainless Steel,1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6",accesories: Scissors Oil Atleast 5ml/4 Pcs Razor Blades: 10pcs/box (double Edge Stainless)/4 Pcs Shaving Razor/labaha: Dimensions: Approximately 5-6" (l) X 3/4-1" (w), Material: Carbon Steel, Color: Black/ 4 Pcs Barber Skin Fade Brush: Handle: Wood, With Soft Bristles 1" (l),dimensions: Atleast 5.5" (l) X 1" (w)/4pcs Comb Set: (4pcs/set), Material: High Quality Plastic, Inclusions: #1-approx. Size: 4.88" (l) X 1.02" (w), #2-approx. Size: 7.09" (l) X 1.46" (w), #3-approx. Size: 7.87" (l) X 1.18" (w), #4-6.10" (l) X 0.20" (w)/4pcs Shaving Gel: (foam), 195g/4pcs Barber's Cape: Color: Black,about 140cm (l) X 110cm (w), Cloth: Polyester/4pcs 360 Degree Swivel Barber Chair: Classic Back Seat With Chrome Steel Base, Premium Steel Frame And High Class Foot Pump, Heavy Duty Leather Cover; Lower Height - At Least 51cm, Top Height - At Least 61cm, Sandles Height - At Least 40cm/8pcs Barber Apron: With Two Pockets, Waterproof, Material: Cotton And Acrylic, Item Size: Approx. 38-38.19" (l) X 27-27.36" (w)/ 4pcs Pomade: 80g, Water-based/26pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g, Triangle-shaped/26pcs Meter Tape With Magnetic Hook: Blade Material, Nylon Coated Blade,dimensions: 16ft (l) X 25mm (w)/26pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree,44mm, 90 Degree: 65mm,maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg,item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/26pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/26pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/26 Pcs Portable Hand Drill: Power Sourced: Battery Powered - 2pc 21 Volt 1500mah Lithium-ion Batteries, Maximum Rotational Speed: 1500 Rpm, Voltage: 210v,amperage: 1.5 Amps, Chuck Size: 0.38",bit Heads Diameters: From 0.8mm-10mm,product Dimensions: 9.6" (l) X 2.1" (w) X 7.5" (h), Material: plastic, Rubber, Metal, Item Dimensions: Approx. 9.6" (l) X 2.1" (w) X 7.5" (h),item Weight: Atleast 2.5 Pounds,item Torque: 330 Inch Pounds; Inclusions: 1x21 Volt Inspiritech Cordless Power Drill, 2x Rechargeable Battery, 1x English User Manual, 10x Self-drilling Drywall Anchors,10x Screwdriver Bits, 2x Double Ended Bits, 3x Drilling Bits, 1x Magnetic Extension Socket Bit Holder, 10x Anchors With Screws,1x One-hour Fast Charger, 1x Flexible Extension Shaft, 1x Carrying Bag/26pcs Wood Planer: Rated Voltage: 220v, Rated Input Power: 600w, Cutting Width: 82mm, Load Speed: 15,000rpm, Frequency: 60hz, Weight: 3kg./26 Pcs Framing Hammer: Handle Material: Alloy Steel, Item Dimensions: Approximately 16-17" (l) X 5.75-6" (w) X 1.5-2" (h), Item Weight: Atleast 1.4 Pounds/26 Pcs Trim Hammer: Handle Material: Wood, Head Material: Alloy Steel; Item Dimensions Approximately: 14-15" (l) X 5-6"(w) X 1-2" (h),item Weight: Atleast 594 Grams/26pcs Roofing Hammer: Item Weight: 1.25 Pounds, Product Dimensions: Approx. 13.7" (l) X 6.75" (w) X 1.5" (h)/26 Pcs Chalk Line: Item Weight: 10.6 Ounces, Product Dimensions: approx. 1200" (l) X 4.72" (w) X 5.91" (h) Inches, Color: blue, Material Type: Alloy Steel, Rubber/26 Pcs Utility Knife: Handle Material: Aluminum, Material: Aluminum Alloy, Weight: 120g/pcs, Blade Size: 19mm (w) X 61mm (h) X 0.6mm (t),blade Material: Steel, Thickness: Atleast 0.6mm/26 Pcs Tin Snips: Item Weight: atleast 1 Pound, Package Dimensions: Approx. 12.36" (l) X 3.7" (w) X 1.3" (h),size: long Straight, 12 Inches Long, Blade Length: 3.20",material: Steel, Cutting Thickness Range Up To 1.2mm Carbon Steel And 0.7mm/26 Pcs Framing Square: Shorter Leg Measures At 8 Inch Outside And 6.5 Inch Inside, Longer Leg Measures At 12 Inch Outside And 11 Inch Inside,material: Carbon Steel/26 Pcs Level: Box Beam Style, Material: Aluminum,dimension: Approximately 24-24.5" (l) X 2-2.6" (w) X 1.2-1.5" (h), Weight: Atleast 0.8 Pounds/26 Pcs Electric Planer: Voltage: 220-240v,input Power: 1050w, No Load Speed: 1600rpm, Planing Width And Depth,82x3mm,heavy Duty Aluminum Base/1 Pc Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/1 Pc Air Compressor Machine: Motor Power: 1hp, Size: Approx. 935x385x800mm,voltage: 220-240v, 60hz, Speed: 3400 Rpm, Tank Capacity: 24l , Operating Pressure: Max 8 Bar, Air Displacement: 93l/min, Pump Lubricated With Oil/1 Pc Blue Painters Tape, Color: Blue, Size: Atleast 1.41" X 20m,thickness: 0.13mm, Item Weight: 1.92 Pounds, Material: Paper/2pcs Electric Spray Gun: Voltage: 220-240v~50/60hz,spraying Pressure: 0.1-0.2 Bar, Max Flow: 850ml/min, Max Viscosity: 50din-s, Container Capacity: Atleast 800ml,power Cord Length: 2m, Rated Power 500w, Spraying Pressure: Atleast 0.1-0.2bar, Item Dimensions: Approximately 13" (l) X 5" (w) X 11" (h)/1 Pc Extension Pole, (3 Stage Extender) Reach: 1.5-to-3ft,weight: Maximum Of 0.5 Pounds, Max. Standing Reach: 10ft, Material : Aluminum/2 Pcs Paint Brush Set, 5 Pcs/set, Material: Synthetic Bristle, Wood Handle, Overall Length: Atleast 11", Bristles Length: Atleast 3", Brush Width: 1", 1-1/2" 2", 2-2.5", 3"and 4"/ 5 Pcs Paint Roller, Material: Plastic,package Dimensions: Approximately 15.16" (l) X 11.22" (w) X 3.15" (h),item Weight: Atleast 1.06 Pounds, Inclusion: Roller, Atleast 7" In Length, Material: Polyester/2 Pcs Painters Gloves, 12 Pcs/pack, Material: Cotton, Color: Red/1 Pc Putty Knife/paint Scraper Set (4pcs), Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/1 Pc Steel Float/plastering Trowel: Thickness: Atleast 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Material: High Carbon Steel With Wood Handle/2 Pcs Lpg Tank With Gas Regulator And Accessories, Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pcs Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)/2 Pcs Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/2 Pcs Baking Sheet: Aluminum, 12x16 Inches/2 Pcs Digital Kitchen Scale: Accurate Measurement; Weigh Up To 5 Kg / 11 Lb Precisely In 1 G / 0.05 Oz Increments, Quality Material: Measure Food, Small Items, And Liquids With Confidence On The 304 Food-grade, Stainless Steel Platform, Approx. Dimension 7.3-7.5" (l) X 5.7-5.90" (w) X 0.6-08" (h), 2 X 1.5v Aaa Batteries/2 Pcs Measuring Cup (for Liquid Ingredients): 1 Measuring Cup With Red Graphics, Made Of Non-porous Glass That Won't Warp, Stain, Or Absorb Odors, Glass Is Preheated Oven, Microwave, Fridge, Freezer & Dishwasher Safe, Dimension: Approx. 7.13" (l) X 6.75" (w) X 4.38" (h), Measuring Capacity: 500ml/2 Pcs Measuring Cups (for Dry Ingredients): Material: Stainless Steel, 5 Pieces Per Set (1 Cup, 1/2 Cup, 1/3 Cup, 1/4 Cup, 1/8 Cup)/2 Pcs Measuring Spoons (set): 7pcs Stainless Measuring Spoon Kit, The Kit Includes: 1/8 Tsp (0.63ml), 1/4 Tsp (1.25ml), 1/2 Tsp (2.5ml), 3/4 Tsp (3.75ml), 1 Tsp (5ml), 1/2 Tbsp (7.5ml), 1 Tbsp (15ml)/2 Pcs Mixing Bowl: Medium, Approx. Diameter: 28cm, Height:11.2cm, Material: Stainless; Capacity: At Least 4l/2 Pcs Standmixer: 2-in-1 360 Automatic Rotating Bowl Electric Stand & Hand Mixer, 4.5l W/ 5-speed Turbo Function,color: Black/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Pc Caldero: Aluminum, #2, Diameter Height 28cmx16cm With Double Handle/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/1 Pc Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)1 Pc Food Glass Display (estante): 3 Layers; 20(h)x18(w)x36(l)", Aluminum Base, Glass With Screen Door/1 Pc Casserole With Double Handle: Material: Aluminum, Size: 26cm Dimension: 36(l) X 28.5(w) X 21(h)cm/2 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/1 Pc Chopping Board: Material: Polypropylene/1 Pc Chopping Knife: 10” Stainless,wood Handle/1 Pc Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in; Color: Beige2 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Beach Umbrella: 90" Diameter X 8 Ft. Height, 8 Rib Round Metal Pole, Polyester Multi-coloured Umbrella Canopy/2 Pcs Cooler Container: Chest Insulated Cooler, Materials: Polystyrene, Sizes And Capacities: 30 Liters - 45.5cm(l) X 39cm(w) X 31cm(h),color: Blue Or Red/1 Pc Grill/ Ihawan With Stand,material Of Body And Stand: Stainless , 24x12x33inches (lxwxh), Depth: 5inches/2 Pcs Bicycle With Sidecar: Bicycle Specifications: Bmx Type Bike (frame 1//2 Gi Hd, Rim Set Front X 10 G Wide Jap Hub, Rim Set Rear X 10g Wide Jap Hub, Tire 20 X 2.125 Jumbo, Tube 20 X 2.125, Handle Bar Painted Black, Fork Ex-900 Landing Gear Cp, Head Parts Nikyo/whw, H-post Bmx Ord.m, H-grip Ord. Opc Parts Neco Bearing Type, Opc Plate 36t, Chain Cp Bmx, Freewheel 24t, Pedal Opc Bearing Type, Seat Clamp/s-pin/ S-post P, Saddle With Spring, Footbreak With Spring "full Size" Frame, 175-180mm Cranks Side Car With Umbrella Holder And 2 Chest Coolers Carrier (52l Capacity) - Dimensions: 25.8" (l) X 16.2" (w) X 15.7" (h) Materials: 1/2 J1 Pipe 540, 316 X 1 Flat Square Bar, J1 Pipe De Una 520, 1/4 X 2 Flat Bar, 6203 Gi Set, Tire 20 X 2.125 Jumbo/2 Pcs Weighing Scale: 10kg Capacity, Colored Body / Stainless Pan, Graduation: 50g, Powder Coated Body, Pan Size: 255mm Ø X 55mm Deep, Dial Face: 185mm Ø, 4 Units/master Carton/4 Pcs Plastic Fruit Crate 21 X 15 X 12 Inches/1 Pc Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/1 Pc 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/1 Pc Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w); Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/1 Pc Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/1 Pc 7pcs Face Brush Set, Inclusion: Powder Brush, Size: 17cm, Bristle Length: 3.2cm, Ferrule Width:1.9cm, Powder Buffer Brush, Size: 19cm, Bristle Length: 5cm, Ferrule Width: 2.1cm,foundation Brush, Size: 17cm, Bristle Length: 3.3cm, Ferrule Width: 2.2cm, Flat Foundation Brush, Size: 17cm,bristle Length: 3.2cm; Ferrule Width:1.2cm, Highlight Brush, Size: 16.5cm,bristle Length: 2.7cm, Ferrule Width: 2.3cm,angle Cheek Brush, Size: 17cm, Bristle Length: 3.1-2.3cm,ferrule Width: 2.4cm, Highlighting Fan Brush, Size: 16.5cm, Bristle Length: 4cm, Ferrule Width: 2.5cm, With Brush Bag/1 Pc Eyelash Curler: Material: Carbon Steel, Size: Approx. 5.91 X 3.94 X 1.97"/1 Pc Eyebrow Razor: Handle Material: Plastic, Size: Approx. 6.8(l) X 2(w) X 0.1"(h), 6pcs/pack/1 Pc Makeup Sponge Set Blender: Material: Sponge, Size: Approx. 4.02 (l) X 3.94(w) X 2.52"(h), 4pcs/set/1 Pc False Eyelashes, Product Dimensions: Approx. 0.75(l) X 3.88(w) X 5.38"(h), 5pairs/pack/1 Pc Eye Shadow Pallete: 12 Curated Peach-inspired Shades, Finish Type: Metallic, Matte, Product Dimension: Approx. 0.08 (l) X 0.04 (w) X 0.06" (h)/1 Pc Contour Palette: Multi-colored, Finish Type: Matte, Package Dimension: Approx. 5.75 (l) X 4.25 (w) X 0.5" (h)/1 Pc Hypercurl Waterproof Mascara Make Up Set: Product Dimensions: Approx. 0.85 (l) X 2.75 (w) X 5.63" (h), Color: Black/1 Pc Waterproof Matte Gel Eyeliner Pencil: Item Form: Pencil, Powder, Creamy, Finish Type: Matte, Product Dimensions: About 5.77 X 1.97 X 0.81", Color: Black/1 Pc Eyebrow Gel, Waterproof: Weight: About 0.16 Oz, Product Dimension: Approx. 0.75 (l) X 1.9 (w) X 5.65 (h) Inches, Color Black, Brown/1 Pc Blush On, 3 Complimentary Skin-flushed Shades, Product Dimensions: Approx. 2.89 (l) X 0.43 (w) X 2.33" (h)/1 Pc Powder Blush Makeup Palette, Product Dimensions: approx. 2.43 (l) X 2.43 (w) X 0.66" (h)/1 Pc Eye Shadow Palette; 12 Curated Peach-inspired Shades, Finished Type:metallic,matte, Product Dimensions:approx 0.08(l)x0.04(w) X0.06”(h)/ 1 Pc Applicator Brush And Plastic Comb: 13cm Black, Double-sided Comb, Pointed Handle For Sectioning Hair/1 Pc Hair Clipper: Electric; 110v-240v, 50-60hz,all Metal Machine, Led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g, With Complete Accessories - Fiber Comb: Cleaning Brush, Lubricant, Charger/1 Pc Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/1 Pc Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/1 Pc Curling Iron: 220v Power, 4gen; White, 32x25x13mm, Energy Efficient-48w,360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/1 Pc Apron: Length: 76cm, Width: 59cm, Color: Black, Material: Nylon, Waterproof/1 Pc Curling Rod: Small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits,multi-color/1 Pc Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Spray Net: 600ml, 27.5cm, Hard Hold/1 Pc Hair Spray Aerosol Extra Hold: Weight: About 7ounces /198g, Scented, Package Dimensions: 7.83 X 6.69 X 2.17"/1 Pc Hair Trimmer: Running Time 120 Minutes Battery Powered,rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless; Accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger), And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/3 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v,body Material: Plastic/3 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free; Hanger Design, Ptc Heater - Instant Heat-up/3 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w),curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w),package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/3 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5",color: Black (12pcs)/3 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx. 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/3 Pcs Cutting Scissors: 6" Stainless Steel, 65g/3 Pcs Thinning Scissors: 17.5x5cm Stainless Steel/3 Pcs Drip Pan: 32cmx35cm Plastic, Black/3 Pcs Hair Clipper: Electric,110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm, Low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/3 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h),inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/3 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/3 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Saphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/3 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/3 Pcs Astringent Foot Soaker: 128oz/3 Pcs Cooling Foot Soak: Product Dimensions: approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/3 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/3 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/3 Pcs Foot Scrub/3 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/3 Pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/3 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/3 Pcs Apron: Length: 76cm, Width: 59cm,color: Black,material: Nylon, Waterproof/3 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer,500ml/3 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/3 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/3 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/3 Pcs Hair Cellophane: 500ml, Natural, Brown,burgundy And Ash Blonde Variant/3 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/3 Pcs Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/3 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/3 Pcs Hair Bleaching Powder: 500g/3 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/24 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦,swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/24 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/24 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/24 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx. 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/24 Pcs Drip Pan: 32cmx35cm Plastic, Black/24 Pcs Shower Caps: 32cm, Thick Plastic, Elastic, Washable/24 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/24 Pcs Curling Iron: 220v Power, 4gen, White, 32x25x13mm, Energy Efficient-48w, 360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/24 Pcs Hair Steamer: With 4 Wheels, 360degrees Movable, Gray Color, Adjustable Height With Timer And Control/120 Pcs Cape: 140x110cm, Satin, Nylon, Waterproof, Black/72 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber, Dark Colors/24 Pcs Curling Rod:small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/120 Pcs Ear Caps: (l X W X T): 8cm X 4.5cm X 2.1cm/3.15" X 1.77" X 0.83", Black,plastic/24 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/24 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/24 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/24 Pcs Hair Cellophane: 500ml, Natural, Brown, Burgundy And Ash Blonde Variant/24 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/24 Pc Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/24 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/24 Pcs Hair Bleaching Powder: 500g/24 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Shear: Material: Stainless Steel, 1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6", Accesories: Scissors Oil Atleast 5ml/34 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/34 Pcs Crow Bar: At Least 36" Long,length Tolerance: +- 1/8, Material: Forged Steel Carbon/34 Pcs Claw Hammer: Round Head, Head Weight: At Least 16oz, Overall Weight: Approximately 17oz-23oz, Head Material: Forged Steel, Handle Material: Fiberglass Handle With Rubber Cushion, Overall Length: Approximately 12-14"/34 Pcs Hacksaw With Blade: Material: Aluminum Alloy Frame With Soft-grip Handle, At Least 12"-15" Long Including Handle, With Soft-grip Rubber Handle, Bi-metal, Blade Length: About 30cm, Width: 3cm/34 Pcs Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/34 Pcs Handsaw: Blade Length: About 15",blade Material: Carbon Steel, Handle Length: 5", Handle Material: Plastic/rubber, Color: Gray,8 Teeth Per Inch/34 Pcs Shovel: Round End, Tempered Steel Blade: 17-23 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm, Capacity: 350-400 Lbs/34 Pcs Shovel: Rectangular End, Tempered Steel Blade: 22-26 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm/34 Pcs Level Bar: Aluminum Frame, Length: At Least 24"/60cm, Aluminum Thickness: 1.5mm, Double Side Milles, 0.5mm/m Accurate Vials/34 Pcs Steel Float/plastering Trowel: Thickness: At Least 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Mmaterial: High Carbon Steel With Wood Handle/34 Pcs Steel Square: Carpenter's Framing Square, Blade Width: 2" Scale: At Least 16" (l) X 24" (w), Material: Steel/34 Pcs Masonry Trowel: Length: At Least 12"long, Width: 6", Material: Flat Steel, With Wood Handle/34 Pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree: 44mm, 90 Degree: 65mm, Maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg, Item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/34 Pcs Masonry Square/metric Square: Material: Aluminum, Length: Approx. 24", Width: 16", 1/8 '' Thickness/34 Pcs Mason's Level: At Least 48'' Long, Aluminum Reinforced Frame, 60cm Only/34 Pcs Sledgehammer: Weight: At Least 3 Lbs With Fiberglass Handle, Forged Steel Round Head, Length: Approximately 25-27"/34 Pcs Concrete Chisel: Pointed Sharp End, Material: Forged Steel Chisel, With Rubberized Handle, Length: Approximately 10''/34 Pcs Putty Knife/paint Scraper Set (4pcs): Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/34 Pcs Mason's Line: #18 Braided Nylon, 500 Ft/roll, Color Orange/34 Pcs Hammer Drill: Electric, 1980w 220v, Rated Frequency: 50/60hz, Load Speed: 0-3800rpm (revolutions Per Minute), Chuck: 13mm With Ergonomic Anti-slip Handle/34 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4",rated Voltage: 220v, Frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/34 Pcs Wooden Float: Size: At Least 12x4", Has 5/8" Thick Rubber Pad, With Wooden Handle/4 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h), Inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/4 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/4 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Sapphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/4 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/2 Pcs Astringent Foot Soaker: 128oz/2 Pcs Cooling Foot Soak: Product Dimensions: approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/2 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/4 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/2 Pcs Foot Scrub/2 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/6 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber,dark Colors/2 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer, 500ml/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in, Color: Beige/1 Pc Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Peanut Grinding Machine: Electric, 220v, 300w, 50-60hz,material: High Quality Stainless Steel Body And Base, Color: Black, Dimension: Approx. Length: 43.5cm, Width: 23cm, Height: 13.5cm/1 Pc Hand Cobbler Shoe Repair Machine Dual Cotton Nylon Line Sewing Machine Manual Leather Machine Shoe Sewing Machine Color Silver: Product Dimensions 14.4"d X 20.5"w X 5.5"h, Material: Cast Iron Item Weight: 22 Pounds, Power Source: Crank/5 Pcs Wooden Handle Shoes Repairing Awl Shoe Sewing Tool Diy Craft Repair Hand Straight Hook Shoes Sewing Awl Type: Shoes Sewing Awl Material: Wood+metal, Features: Shoes Sewing Awl, Repair Hand , Crochet Needle Tool Dimension: 1: App.2x13.5x6cm/0.79x5.31x2.36in 2: App.2x13x5.5cm/0.79x5.12x2.17in 3: App.2x13x5.5cm/0.79x5.12x2.17in, Color: Wood Color + Silver/5 Pcs Upholstery Stitching Thread Black 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread Brown 100 Mtr 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread White 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/2 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/2 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h)/2 Pcs Chipping Hammer: Item Weight: at Least 13.8 Ounces, Product Dimensions: 11" (l) X 1" (w) X 7.5" (h), Material: Genuine Leather Grip And Forged Steel/2 Pcs Heavy Duty Corded Drill: Rated Input Power: 750w, Chuck Capacity: Up To 13mm, Drill Capacity: Metal (16mm), Wood (25mm), Masonry (12mm), Dimension: 268mm (l) X 69mm (w) X 192mm (h), Weight W/out Cable: Approximately 1.6-1.8 Kg, Spindle Collar Diameter Of 43 Mm/2 Pcs Metal Drill Bit Set: Material: High Speed Steel, 19pcs Per Set(1mm,1.5mm,2mm,2.5mm,3mm,3.5mm,4mm,4.5mm,5mm,5.5mm,6mm,6.5mm,7mm,7.5mm,8mm,8.5mm,9mm,9.5mm,10mm), Point Angle: 118degree C, Standards: Din 338, Bit Geometry: Standard Twist Bit/2 Pcs Mig Welding Pliers: Overall Length: Atleast 210mm, Material: High Carbon Steel, Handle Material: Thermoplastic Rubber/2 Pcs Needle File Set: (6 Pieces Hand Metal Files, Hardened Alloy, Strength Steel Set Includes Flat, Flat Warding, Square, Triangular, Round, And Half-round File), Color Black, Metal Type: Carbon Steel, Handle Material: Wood, Alloy Steel, Item Dimensions: Approximately 6.1" (l) X 3" (w) X 0.5" (h)/2 Pcs Portable Welding Machine: Input Voltage: 220-240, Frequency: 50-60hz, Output Current: 10-220a, Led Display, No-load Voltage: 85v, Max. Output Current: 220a, Diameter Of Electrode: 1.6-3.2mm, Inclusions: 1 Pc Electrode Holder, 1 Pc Earth Clamp With Cable/2 Pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g,triangle-shaped/2 Pcs Welding Helmet: Auto Darkening Helmet: Power Supply: Battery And Solar Powered, Light Shade: Din9-1, Dark Shade: Din4, Switching Time: 1/25000s, Delay Time: 0.1-0.8s, Sensitivity Adjustment: Stepless Control, Operation Temperature: -5 Degrees- 55 Degrees, Active Viewing Area: 93mmx43mm, Active Viewing Area Size: (+/- 10mm), Item Weight: At Least 1.85 Pounds, Package Dimensions: approximately 12-12.4" (l) X 9-9.61" (w) X 7-7.68" (h)/2 Pcs Welding Magnets: 6 Pcs/set, Overall Length: At Least (3"), Hold Capacity: Up To 25lbs, Arrow Design Supports Angle: 45°, 90°, And 135°, Item Weight: 295g, Package Dimensions: 4.88 X 4.72 X 3.98 Inches, material: Steel, Magnets Size: Approximately - Top (1-1.4cm), Bottom (6.5-7cm), Side (7-7.5cm) Thickness (1-1.3cm)/2 Pcs Welding Suit: 100% Cotton With Pyrovatex, 2 Back Pockets And Rule Pocket With Safety Gusset Feature, High Quality And Long Lasting, Two Way Zipper, Approximate Cloth Size: Large/10 Pcs Camping Dome Tent: Product Dimensions: 82.7"l X 55"w X 43.5"h, Item Weight: 4 Pounds Shape: D Shape Occupancy: 2 Person Included Components: Carry Bag, Stakes, Rainfly Water Resistance Technology 1000 Millimeters, Special Feature: Windproof, Sun Protection/outdoor Mat (banig):size (48" X 75") Material: Palm Leaves (buri)/10 Pcs Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/2 Unit Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Unit Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/5 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pc S Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/5 Pcs Wok Ladle: Material: Stainless Steel With Wooden Handle: Total Length Of Item: 24 Inches/5 Pcs Wok Spatula: Material: Stainless Steel With Wooden Handle, Total Length Of Item:24 Inches/5 Pcs Stainless Steel Long Wooden Handle Skimmer Strainer: Material: Stainless Steel, Size: 32.3*11.5cm/5 Pcs Casserole With Double Handle: Material: Aluminum, Size: 26cm, Dimension: 36(l) X 28.5(w) X 21(h)cm/5 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/5 Pcs Chopping Board: Material: Polypropylene Plastic: 8"(w) X 10"(l), 1cm (thickness)/5 Pcs Chopping Knife: 10" Stainless; Wood Handle/5 Pcs Grill/ Ihawan With Stand, Material Of Body And Stand: Stainless, 24x12x33inches (lxwxh), Depth: 5inches/1 Unit Heavy Duty Commercial Micromatic Big 7.8l Mrc-50 Rice Cooker 45cups (white)/10 Dz Melamine Round Dinner Plate: 9" Diameter, Color; White/10dz Platito (saucer): Material: Melamine Plastic, Standard Size: 6 Inch (diameter) X ¾ Inch Height/10 Pcs Serving Tray Bamboo - Wooden Tray With Handles, Color Brown Material Wood, Product Dimensions 17"l X 11"w X 2"h/10dz Drinking Glass: 8 Oz, Glass, Product Size: Base Diameter-7cm, Top Diameter: 7cm, H-11.4cm, Heat Resistant, Dishwasher Safe/10dz Spoon: Stainless, 12pcs/per Pack, Size: 8"/10dz Fork: Stainless, 12 Pcs/per Pack, Size 8"/5dz Mangkok (round Shape Bowl), Materials: Ceramic, Size: 6inch (diameter) X 5cm (height)/5 Pcs Storage Box With Wheels For Easy Transport, Measurements: L72 X W52 X H44cm, Food Grade Material, 120l Capacity, Stackable; With Lid And Handle, Color: White/2 Pcs Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/5 Pcs Gallon Acrylic Juice Dispenser Type: Type: Water/juice Dispensers, Overall Dimensions: Height:32 1/2 Inches, Top Diameter: 6 11/16 Inches, Capacity:1.1 Gallons, Base Material: Stainless Steel, Container Material: Acrylic, Style: Single/5 Pcs Chafing Dish Food Warmer Buffet Set: Size: 1/1pan*3, Color: Silver, Material: Stainless Steel, Product Dimensions: 13.39"l X 15.35"w X 23.62"h, Capacity: 8 Quarts/5 Pcs Chest Cooler: Item Package Dimensions: 25.8" (l) X 16.2" (w) X 15.7" (h), Package Weight: 5.76kg, Inside Dimensions: 24.95" (l) X 14.58" (w) X 14.77" (h), Material: plastic, Chamber Depth: 24.95", Capacity: 52l , Color: Blue Or Red/5 Pcs Matress: Size: Semi Double (48" X 75"), Thickness: 4"/15 Pcs Matress Size: Queen (60" X 75") Thickness: 4"/15 Pcs Pillow: Size: Standard (20" X 26")/10 Sets Bed Linen Set Of 3pcs, 1-bed Sheet Size (48" X 75"), 2-pillow Case (20" X 26")/2 Sets Bed Linen Set Of 3pcs: 1-bed Sheet Size (60" X 75"), 2-pillow Case (20" X 26")/6 Unit Electric Fan: Color: Black, Electric Fan Design: Floor Fan, Power Source: Corded Electric Style: 3-speed Ac Motor Fan, Product Dimensions: 15.75"d X 17.72"w X 53.15"h, Room Type: Bedroom, Special Feature: Oscillating, Adjustable Height, Adjustable Tilt,wattage: 60 Watt/4 Unit Industrial Ceiling Fan: Product Material: Cast Aluminum Casing, Product Specifications: 2000mm, Operating Voltage: 220v, Wind Speed: 5th Gear, Number Of Fan Product Color: Black, White, Product Power: 165w, Blades: 6 Blades/150 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: White/15 Pcs Solid Top Round Table: Material: Plastic, Color: White, Size(cm): 115 X 74 X 4.5, Foldable Legs,diameter: 45″, 6 To 8 Seater Capacity 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 Various Supplies And Materials For Dole Integrated Livelihood Program And Sustainable Industry Project 4 Pcs Barber Brush: 23.3cmx7cm, Soft Fiber Material And Wooden Handle/4 Pcs Hair Clipper: Electric, 110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time,4pcs Comb Guide 3/6/10/13mm,body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/4 Pcs Paddle Brush:body Material: Wood, Dimensions: (lxwxh) 25x8x3cm, Brown/8pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires, With Light And Perfume Button/4pcs Hair Blower: 4000w Accurate Power,2-speed Settings (high & Low), 3 Temperature (cold, Hot & Hotter), Glossy, Thick Long Wires,with Light And Perfume Button/4pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm,length: 20.9"/52cm,width: 14"/36cm,4 Drawers, Blower Holder/4pcs Talcum Powder: 200g, Hypo-allergenic, Dermatologist Tested/4 Pcs Cordless Clipper: Body Material: Aluminum,motor: Rotary,power/source Battery: Lithium-ion Battery (90+ Minutes Of Runtime), Blades: Titanium Blades, 3 Guide Combs Plastic Material (#1/2, #1, And #1½),cutting Lengths: 0.4-25mm,inclusions: A Blade Guard, 1 Recharging Transformer (charger), 1 Cleaning Brush, With Lubricating Oil Of At Least 5 Ml And English User Manual,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),weight: Maximum Of 400g, Input: Can Be Used For 110-240 Voltage/4pcs Hair Trimmer: Running Time 120 Minutes Battery Powered, Rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless,accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger) And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/4pcs Electric Shaver: With 3d Floating Cutter Head, 40mins. Running Time For 8hrs Fully Charged, Material: Stainless Steel,product Dimension: Approximately 6.5-7" (l) X 2-3" (w),automatic Voltage 100-240v,battery: 2 Cell Nickel-metal Hydride Cylindrical Battery Pack, 4000mah,power Type: Rechargeable/4pcs Hair Shear: Material: Stainless Steel,1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6",accesories: Scissors Oil Atleast 5ml/4 Pcs Razor Blades: 10pcs/box (double Edge Stainless)/4 Pcs Shaving Razor/labaha: Dimensions: Approximately 5-6" (l) X 3/4-1" (w), Material: Carbon Steel, Color: Black/ 4 Pcs Barber Skin Fade Brush: Handle: Wood, With Soft Bristles 1" (l),dimensions: Atleast 5.5" (l) X 1" (w)/4pcs Comb Set: (4pcs/set), Material: High Quality Plastic, Inclusions: #1-approx. Size: 4.88" (l) X 1.02" (w), #2-approx. Size: 7.09" (l) X 1.46" (w), #3-approx. Size: 7.87" (l) X 1.18" (w), #4-6.10" (l) X 0.20" (w)/4pcs Shaving Gel: (foam), 195g/4pcs Barber's Cape: Color: Black,about 140cm (l) X 110cm (w), Cloth: Polyester/4pcs 360 Degree Swivel Barber Chair: Classic Back Seat With Chrome Steel Base, Premium Steel Frame And High Class Foot Pump, Heavy Duty Leather Cover; Lower Height - At Least 51cm, Top Height - At Least 61cm, Sandles Height - At Least 40cm/8pcs Barber Apron: With Two Pockets, Waterproof, Material: Cotton And Acrylic, Item Size: Approx. 38-38.19" (l) X 27-27.36" (w)/ 4pcs Pomade: 80g, Water-based/26pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g, Triangle-shaped/26pcs Meter Tape With Magnetic Hook: Blade Material, Nylon Coated Blade,dimensions: 16ft (l) X 25mm (w)/26pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree,44mm, 90 Degree: 65mm,maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg,item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/26pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/26pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/26 Pcs Portable Hand Drill: Power Sourced: Battery Powered - 2pc 21 Volt 1500mah Lithium-ion Batteries, Maximum Rotational Speed: 1500 Rpm, Voltage: 210v,amperage: 1.5 Amps, Chuck Size: 0.38",bit Heads Diameters: From 0.8mm-10mm,product Dimensions: 9.6" (l) X 2.1" (w) X 7.5" (h), Material: plastic, Rubber, Metal, Item Dimensions: Approx. 9.6" (l) X 2.1" (w) X 7.5" (h),item Weight: Atleast 2.5 Pounds,item Torque: 330 Inch Pounds; Inclusions: 1x21 Volt Inspiritech Cordless Power Drill, 2x Rechargeable Battery, 1x English User Manual, 10x Self-drilling Drywall Anchors,10x Screwdriver Bits, 2x Double Ended Bits, 3x Drilling Bits, 1x Magnetic Extension Socket Bit Holder, 10x Anchors With Screws,1x One-hour Fast Charger, 1x Flexible Extension Shaft, 1x Carrying Bag/26pcs Wood Planer: Rated Voltage: 220v, Rated Input Power: 600w, Cutting Width: 82mm, Load Speed: 15,000rpm, Frequency: 60hz, Weight: 3kg./26 Pcs Framing Hammer: Handle Material: Alloy Steel, Item Dimensions: Approximately 16-17" (l) X 5.75-6" (w) X 1.5-2" (h), Item Weight: Atleast 1.4 Pounds/26 Pcs Trim Hammer: Handle Material: Wood, Head Material: Alloy Steel; Item Dimensions Approximately: 14-15" (l) X 5-6"(w) X 1-2" (h),item Weight: Atleast 594 Grams/26pcs Roofing Hammer: Item Weight: 1.25 Pounds, Product Dimensions: Approx. 13.7" (l) X 6.75" (w) X 1.5" (h)/26 Pcs Chalk Line: Item Weight: 10.6 Ounces, Product Dimensions: approx. 1200" (l) X 4.72" (w) X 5.91" (h) Inches, Color: blue, Material Type: Alloy Steel, Rubber/26 Pcs Utility Knife: Handle Material: Aluminum, Material: Aluminum Alloy, Weight: 120g/pcs, Blade Size: 19mm (w) X 61mm (h) X 0.6mm (t),blade Material: Steel, Thickness: Atleast 0.6mm/26 Pcs Tin Snips: Item Weight: atleast 1 Pound, Package Dimensions: Approx. 12.36" (l) X 3.7" (w) X 1.3" (h),size: long Straight, 12 Inches Long, Blade Length: 3.20",material: Steel, Cutting Thickness Range Up To 1.2mm Carbon Steel And 0.7mm/26 Pcs Framing Square: Shorter Leg Measures At 8 Inch Outside And 6.5 Inch Inside, Longer Leg Measures At 12 Inch Outside And 11 Inch Inside,material: Carbon Steel/26 Pcs Level: Box Beam Style, Material: Aluminum,dimension: Approximately 24-24.5" (l) X 2-2.6" (w) X 1.2-1.5" (h), Weight: Atleast 0.8 Pounds/26 Pcs Electric Planer: Voltage: 220-240v,input Power: 1050w, No Load Speed: 1600rpm, Planing Width And Depth,82x3mm,heavy Duty Aluminum Base/1 Pc Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/1 Pc Air Compressor Machine: Motor Power: 1hp, Size: Approx. 935x385x800mm,voltage: 220-240v, 60hz, Speed: 3400 Rpm, Tank Capacity: 24l , Operating Pressure: Max 8 Bar, Air Displacement: 93l/min, Pump Lubricated With Oil/1 Pc Blue Painters Tape, Color: Blue, Size: Atleast 1.41" X 20m,thickness: 0.13mm, Item Weight: 1.92 Pounds, Material: Paper/2pcs Electric Spray Gun: Voltage: 220-240v~50/60hz,spraying Pressure: 0.1-0.2 Bar, Max Flow: 850ml/min, Max Viscosity: 50din-s, Container Capacity: Atleast 800ml,power Cord Length: 2m, Rated Power 500w, Spraying Pressure: Atleast 0.1-0.2bar, Item Dimensions: Approximately 13" (l) X 5" (w) X 11" (h)/1 Pc Extension Pole, (3 Stage Extender) Reach: 1.5-to-3ft,weight: Maximum Of 0.5 Pounds, Max. Standing Reach: 10ft, Material : Aluminum/2 Pcs Paint Brush Set, 5 Pcs/set, Material: Synthetic Bristle, Wood Handle, Overall Length: Atleast 11", Bristles Length: Atleast 3", Brush Width: 1", 1-1/2" 2", 2-2.5", 3"and 4"/ 5 Pcs Paint Roller, Material: Plastic,package Dimensions: Approximately 15.16" (l) X 11.22" (w) X 3.15" (h),item Weight: Atleast 1.06 Pounds, Inclusion: Roller, Atleast 7" In Length, Material: Polyester/2 Pcs Painters Gloves, 12 Pcs/pack, Material: Cotton, Color: Red/1 Pc Putty Knife/paint Scraper Set (4pcs), Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/1 Pc Steel Float/plastering Trowel: Thickness: Atleast 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Material: High Carbon Steel With Wood Handle/2 Pcs Lpg Tank With Gas Regulator And Accessories, Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pcs Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)/2 Pcs Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/2 Pcs Baking Sheet: Aluminum, 12x16 Inches/2 Pcs Digital Kitchen Scale: Accurate Measurement; Weigh Up To 5 Kg / 11 Lb Precisely In 1 G / 0.05 Oz Increments, Quality Material: Measure Food, Small Items, And Liquids With Confidence On The 304 Food-grade, Stainless Steel Platform, Approx. Dimension 7.3-7.5" (l) X 5.7-5.90" (w) X 0.6-08" (h), 2 X 1.5v Aaa Batteries/2 Pcs Measuring Cup (for Liquid Ingredients): 1 Measuring Cup With Red Graphics, Made Of Non-porous Glass That Won't Warp, Stain, Or Absorb Odors, Glass Is Preheated Oven, Microwave, Fridge, Freezer & Dishwasher Safe, Dimension: Approx. 7.13" (l) X 6.75" (w) X 4.38" (h), Measuring Capacity: 500ml/2 Pcs Measuring Cups (for Dry Ingredients): Material: Stainless Steel, 5 Pieces Per Set (1 Cup, 1/2 Cup, 1/3 Cup, 1/4 Cup, 1/8 Cup)/2 Pcs Measuring Spoons (set): 7pcs Stainless Measuring Spoon Kit, The Kit Includes: 1/8 Tsp (0.63ml), 1/4 Tsp (1.25ml), 1/2 Tsp (2.5ml), 3/4 Tsp (3.75ml), 1 Tsp (5ml), 1/2 Tbsp (7.5ml), 1 Tbsp (15ml)/2 Pcs Mixing Bowl: Medium, Approx. Diameter: 28cm, Height:11.2cm, Material: Stainless; Capacity: At Least 4l/2 Pcs Standmixer: 2-in-1 360 Automatic Rotating Bowl Electric Stand & Hand Mixer, 4.5l W/ 5-speed Turbo Function,color: Black/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Pc Caldero: Aluminum, #2, Diameter Height 28cmx16cm With Double Handle/2 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/1 Pc Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Food Warmer/chafing Dish: Rectangular, 2l Capacity, 6 Pcs In 1 Set Stainless Steel, No Side Handle, Glass Lid Cover With Handle, Dimensions: Same Sizes - 32cm (l) X 26cm (w) X 8cm (h)1 Pc Food Glass Display (estante): 3 Layers; 20(h)x18(w)x36(l)", Aluminum Base, Glass With Screen Door/1 Pc Casserole With Double Handle: Material: Aluminum, Size: 26cm Dimension: 36(l) X 28.5(w) X 21(h)cm/2 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/1 Pc Chopping Board: Material: Polypropylene/1 Pc Chopping Knife: 10” Stainless,wood Handle/1 Pc Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in; Color: Beige2 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Beach Umbrella: 90" Diameter X 8 Ft. Height, 8 Rib Round Metal Pole, Polyester Multi-coloured Umbrella Canopy/2 Pcs Cooler Container: Chest Insulated Cooler, Materials: Polystyrene, Sizes And Capacities: 30 Liters - 45.5cm(l) X 39cm(w) X 31cm(h),color: Blue Or Red/1 Pc Grill/ Ihawan With Stand,material Of Body And Stand: Stainless , 24x12x33inches (lxwxh), Depth: 5inches/2 Pcs Bicycle With Sidecar: Bicycle Specifications: Bmx Type Bike (frame 1//2 Gi Hd, Rim Set Front X 10 G Wide Jap Hub, Rim Set Rear X 10g Wide Jap Hub, Tire 20 X 2.125 Jumbo, Tube 20 X 2.125, Handle Bar Painted Black, Fork Ex-900 Landing Gear Cp, Head Parts Nikyo/whw, H-post Bmx Ord.m, H-grip Ord. Opc Parts Neco Bearing Type, Opc Plate 36t, Chain Cp Bmx, Freewheel 24t, Pedal Opc Bearing Type, Seat Clamp/s-pin/ S-post P, Saddle With Spring, Footbreak With Spring "full Size" Frame, 175-180mm Cranks Side Car With Umbrella Holder And 2 Chest Coolers Carrier (52l Capacity) - Dimensions: 25.8" (l) X 16.2" (w) X 15.7" (h) Materials: 1/2 J1 Pipe 540, 316 X 1 Flat Square Bar, J1 Pipe De Una 520, 1/4 X 2 Flat Bar, 6203 Gi Set, Tire 20 X 2.125 Jumbo/2 Pcs Weighing Scale: 10kg Capacity, Colored Body / Stainless Pan, Graduation: 50g, Powder Coated Body, Pan Size: 255mm Ø X 55mm Deep, Dial Face: 185mm Ø, 4 Units/master Carton/4 Pcs Plastic Fruit Crate 21 X 15 X 12 Inches/1 Pc Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/1 Pc 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/1 Pc Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w); Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/1 Pc Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/1 Pc 7pcs Face Brush Set, Inclusion: Powder Brush, Size: 17cm, Bristle Length: 3.2cm, Ferrule Width:1.9cm, Powder Buffer Brush, Size: 19cm, Bristle Length: 5cm, Ferrule Width: 2.1cm,foundation Brush, Size: 17cm, Bristle Length: 3.3cm, Ferrule Width: 2.2cm, Flat Foundation Brush, Size: 17cm,bristle Length: 3.2cm; Ferrule Width:1.2cm, Highlight Brush, Size: 16.5cm,bristle Length: 2.7cm, Ferrule Width: 2.3cm,angle Cheek Brush, Size: 17cm, Bristle Length: 3.1-2.3cm,ferrule Width: 2.4cm, Highlighting Fan Brush, Size: 16.5cm, Bristle Length: 4cm, Ferrule Width: 2.5cm, With Brush Bag/1 Pc Eyelash Curler: Material: Carbon Steel, Size: Approx. 5.91 X 3.94 X 1.97"/1 Pc Eyebrow Razor: Handle Material: Plastic, Size: Approx. 6.8(l) X 2(w) X 0.1"(h), 6pcs/pack/1 Pc Makeup Sponge Set Blender: Material: Sponge, Size: Approx. 4.02 (l) X 3.94(w) X 2.52"(h), 4pcs/set/1 Pc False Eyelashes, Product Dimensions: Approx. 0.75(l) X 3.88(w) X 5.38"(h), 5pairs/pack/1 Pc Eye Shadow Pallete: 12 Curated Peach-inspired Shades, Finish Type: Metallic, Matte, Product Dimension: Approx. 0.08 (l) X 0.04 (w) X 0.06" (h)/1 Pc Contour Palette: Multi-colored, Finish Type: Matte, Package Dimension: Approx. 5.75 (l) X 4.25 (w) X 0.5" (h)/1 Pc Hypercurl Waterproof Mascara Make Up Set: Product Dimensions: Approx. 0.85 (l) X 2.75 (w) X 5.63" (h), Color: Black/1 Pc Waterproof Matte Gel Eyeliner Pencil: Item Form: Pencil, Powder, Creamy, Finish Type: Matte, Product Dimensions: About 5.77 X 1.97 X 0.81", Color: Black/1 Pc Eyebrow Gel, Waterproof: Weight: About 0.16 Oz, Product Dimension: Approx. 0.75 (l) X 1.9 (w) X 5.65 (h) Inches, Color Black, Brown/1 Pc Blush On, 3 Complimentary Skin-flushed Shades, Product Dimensions: Approx. 2.89 (l) X 0.43 (w) X 2.33" (h)/1 Pc Powder Blush Makeup Palette, Product Dimensions: approx. 2.43 (l) X 2.43 (w) X 0.66" (h)/1 Pc Eye Shadow Palette; 12 Curated Peach-inspired Shades, Finished Type:metallic,matte, Product Dimensions:approx 0.08(l)x0.04(w) X0.06”(h)/ 1 Pc Applicator Brush And Plastic Comb: 13cm Black, Double-sided Comb, Pointed Handle For Sectioning Hair/1 Pc Hair Clipper: Electric; 110v-240v, 50-60hz,all Metal Machine, Led Light Display Stainless Steel Blade, Blade Width 45mm,low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g, With Complete Accessories - Fiber Comb: Cleaning Brush, Lubricant, Charger/1 Pc Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/1 Pc Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/1 Pc Curling Iron: 220v Power, 4gen; White, 32x25x13mm, Energy Efficient-48w,360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/1 Pc Apron: Length: 76cm, Width: 59cm, Color: Black, Material: Nylon, Waterproof/1 Pc Curling Rod: Small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits,multi-color/1 Pc Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/1 Pc Spray Net: 600ml, 27.5cm, Hard Hold/1 Pc Hair Spray Aerosol Extra Hold: Weight: About 7ounces /198g, Scented, Package Dimensions: 7.83 X 6.69 X 2.17"/1 Pc Hair Trimmer: Running Time 120 Minutes Battery Powered,rechargeable Li-ion Battery 1500 Mah, Dimension: Approximately 6-7" (l) X 1.5-2.5 (w), Material: Stainless; Accessories: 4 Plastic Combs In Different Sizes 3mm, 6mm, 9mm, 12mm, Inclusions: 1 Recharging Transformer (charger), And 1 English User Manual, Input: Can Be Used For 110-240 Voltage/3 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v,body Material: Plastic/3 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦, Swivel Cord - Tangle-free; Hanger Design, Ptc Heater - Instant Heat-up/3 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w),curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w),package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/3 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5",color: Black (12pcs)/3 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx. 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/3 Pcs Cutting Scissors: 6" Stainless Steel, 65g/3 Pcs Thinning Scissors: 17.5x5cm Stainless Steel/3 Pcs Drip Pan: 32cmx35cm Plastic, Black/3 Pcs Hair Clipper: Electric,110v-240v, 50-60hz,all Metal Machine,led Light Display Stainless Steel Blade, Blade Width 45mm, Low Noise High Power, 2000 Ma Lithium Battery, 210 Minutes Working Time, 4pcs Comb Guide 3/6/10/13mm, Body Size: 17x4cm, Body Weight: 371g,with Complete Accessories - Fiber Comb, Cleaning Brush, Lubricant, Charger/3 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h),inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/3 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/3 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Saphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/3 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/3 Pcs Astringent Foot Soaker: 128oz/3 Pcs Cooling Foot Soak: Product Dimensions: approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/3 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/3 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/3 Pcs Foot Scrub/3 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/3 Pcs Spray Bottle: 250ml Plastic Hairdressing Spray Bottle/3 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/3 Pcs Apron: Length: 76cm, Width: 59cm,color: Black,material: Nylon, Waterproof/3 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer,500ml/3 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/3 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/3 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/3 Pcs Hair Cellophane: 500ml, Natural, Brown,burgundy And Ash Blonde Variant/3 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/3 Pcs Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/3 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/3 Pcs Hair Bleaching Powder: 500g/3 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Dryer, With 3 Temperature Setting (from High To Low): Size: Atleast 200mm (h), 74mm (w), Weight: Minimum Of 315g, Wattage: 2200w, Voltage: 120-240v, Body Material: Plastic/24 Pcs 2 In 1 Steam Pro Hair Straightener (straightener & Curler): Tourmaline Ceramic Wide Plates - 1.25" Wide Heating Plate, Adjustable Temperature Display - 150-235◦c, 360◦,swivel Cord - Tangle-free, Hanger Design, Ptc Heater - Instant Heat-up/24 Pcs Hair Combs: Material: Plastic, Inclusions: Flat Comb Size - 21.5cm (l) X 4.2cm (w), Massage Comb Size: 22cm (l) X 8.5cm (w), Ribs Comb Size: 21.5cm (l) X 4cm (w), Curling Comb Size: 20.2cm (l) X 2.5cm (w), Mirror Size: Atleast 22cm (l) X 10cm (w), Storage Base Size: Atleast 10cm (l) X 15cm (w), Package Size: Approx. 22-23cm (l) X 16cm (w) X 11cm (h), Package Weight: Approx. 305g/24 Pcs Hair Clips: Plastic, Product Size: Approx. 4.5", Color: Black (12pcs)/24 Pcs Disposable Latex Free Gloves: Non-sterile, 100 Pcs Per Pack, Product Dimensions: Approx. 8.6" (l) X 4.9" (w) X 3" (h), Weight: 1.25 Pounds, Material: Synthetic Pvc/24 Pcs Drip Pan: 32cmx35cm Plastic, Black/24 Pcs Shower Caps: 32cm, Thick Plastic, Elastic, Washable/24 Pcs Trolley With Blower Holder: 5-layered Wheeled Trolley Cart, Height: 35"/89cm, Length: 20.9"/52cm, Width: 14"/36cm, 4 Drawers, Blower Holder/24 Pcs Curling Iron: 220v Power, 4gen, White, 32x25x13mm, Energy Efficient-48w, 360degree Rotating Tail, Automatic Hair Curler, Iron Ceramic, Adjustable Size/24 Pcs Hair Steamer: With 4 Wheels, 360degrees Movable, Gray Color, Adjustable Height With Timer And Control/120 Pcs Cape: 140x110cm, Satin, Nylon, Waterproof, Black/72 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber, Dark Colors/24 Pcs Curling Rod:small, 2cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Medium, 2.5cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/24 Pcs Curling Rod: Large, 3cm, Cylindrical, Plastic Resin With Rubber Band Kits, Multi-color/120 Pcs Ear Caps: (l X W X T): 8cm X 4.5cm X 2.1cm/3.15" X 1.77" X 0.83", Black,plastic/24 Pcs Shampoo: 1000ml, Green Apple And Citrus Lemon Variant/24 Pcs Hair Spa: 1000ml, Lavender And Strawberry Variant/24 Pcs Hot Oil: Keratin Organic Hot Oil, 1000ml, Aloe Vera Variant/24 Pcs Hair Cellophane: 500ml, Natural, Brown, Burgundy And Ash Blonde Variant/24 Pcs Hair Rebonding Set: 1000ml Hair Straightening And Hair Neutralizing (ion Perm)/24 Pc Hair Color Dye:100 Ml, 2pcs Each (black, Dark Brown, Medium Brown, Light Brown, Blonde, Light Blond, Lighter Blonde, Lightest Blonde, Dust)/24 Pcs Hair Color Developer: 100ml 2pcs Each 6%, 9%, 12% Oxidizer/24 Pcs Hair Bleaching Powder: 500g/24 Pcs Brazilian Blowout: 120ml, 3-in-1 Set (clarifying Shampoo, Brazilian Blowout, After Treatment Conditioner)/24 Pcs Hair Shear: Material: Stainless Steel, 1 Precision Scissor Approximately 6-7",1 Thinning Scissor Atleast 6", Accesories: Scissors Oil Atleast 5ml/34 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/34 Pcs Crow Bar: At Least 36" Long,length Tolerance: +- 1/8, Material: Forged Steel Carbon/34 Pcs Claw Hammer: Round Head, Head Weight: At Least 16oz, Overall Weight: Approximately 17oz-23oz, Head Material: Forged Steel, Handle Material: Fiberglass Handle With Rubber Cushion, Overall Length: Approximately 12-14"/34 Pcs Hacksaw With Blade: Material: Aluminum Alloy Frame With Soft-grip Handle, At Least 12"-15" Long Including Handle, With Soft-grip Rubber Handle, Bi-metal, Blade Length: About 30cm, Width: 3cm/34 Pcs Meter Tape With Magnetic Hook: Blade Material: Nylon Coated Blade, Dimensions: 16ft (l) X 25mm (w)/34 Pcs Handsaw: Blade Length: About 15",blade Material: Carbon Steel, Handle Length: 5", Handle Material: Plastic/rubber, Color: Gray,8 Teeth Per Inch/34 Pcs Shovel: Round End, Tempered Steel Blade: 17-23 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm, Capacity: 350-400 Lbs/34 Pcs Shovel: Rectangular End, Tempered Steel Blade: 22-26 Cm, Blade Tip Width, 22-28cm Blade Tip Length, All Metal Handle, Overall Length: 100cm-115 Cm/34 Pcs Level Bar: Aluminum Frame, Length: At Least 24"/60cm, Aluminum Thickness: 1.5mm, Double Side Milles, 0.5mm/m Accurate Vials/34 Pcs Steel Float/plastering Trowel: Thickness: At Least 0.7 Mm, Surface Measurement, Length: 12", Width: 4", Mmaterial: High Carbon Steel With Wood Handle/34 Pcs Steel Square: Carpenter's Framing Square, Blade Width: 2" Scale: At Least 16" (l) X 24" (w), Material: Steel/34 Pcs Masonry Trowel: Length: At Least 12"long, Width: 6", Material: Flat Steel, With Wood Handle/34 Pcs Circular Saw: Voltage: 220-240v, Frequency: 50-60hz, Input Power: 1400w, No-load Speed: Atleast 4800rpm, Blade Diameter: 185mm, Cutting Capacity: 45degree: 44mm, 90 Degree: 65mm, Maximum Cutting Depth: Atleast 90°62mm, Weight: Maximum Of 5.2kg, Item Approximate Dimension: 15-17cm (h), 25-28cm (w), 30-35cm (l)/34 Pcs Masonry Square/metric Square: Material: Aluminum, Length: Approx. 24", Width: 16", 1/8 '' Thickness/34 Pcs Mason's Level: At Least 48'' Long, Aluminum Reinforced Frame, 60cm Only/34 Pcs Sledgehammer: Weight: At Least 3 Lbs With Fiberglass Handle, Forged Steel Round Head, Length: Approximately 25-27"/34 Pcs Concrete Chisel: Pointed Sharp End, Material: Forged Steel Chisel, With Rubberized Handle, Length: Approximately 10''/34 Pcs Putty Knife/paint Scraper Set (4pcs): Stainless Steel Blade With Rubberized Handle, Blade Width: 1", 2" And 3", Length Including Handle: Approximately 8-9"/34 Pcs Mason's Line: #18 Braided Nylon, 500 Ft/roll, Color Orange/34 Pcs Hammer Drill: Electric, 1980w 220v, Rated Frequency: 50/60hz, Load Speed: 0-3800rpm (revolutions Per Minute), Chuck: 13mm With Ergonomic Anti-slip Handle/34 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4",rated Voltage: 220v, Frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h )/34 Pcs Wooden Float: Size: At Least 12x4", Has 5/8" Thick Rubber Pad, With Wooden Handle/4 Pcs Nail Tool Set: Material: Stainless Steel, Case: Leather, Package Size: Approximately 15-15.5cm (l) X 8cm (w) X 2cm (h), Inclusions: Cuticle Trimmer (95mm), Blackhead Needle And Loop Remover (83mm), Eyebrow Tweezer (86mm) Peeling Knife (90mm), Nail File (75mm), Ear Pick (78mm), Double Pick (75mm), Dead Skin Fork (86mm), Small Pedicure Plier (95mm), Acne Needle (83mm), Small Nail Clipper (62mm) Bevel Nail Clipper (61mm), Large Nail Clipper (82mm), Beauty Tip Scissor (89mm), Pusher/4 Pcs Cotton Balls: 300g (100 Pcs Large Cotton Balls)/4 Pcs Nail Polish: Volume: 15ml, With 24 Colors Inclusions: 14k Gold, 18k Gold, 24k Gold, African Plum, Baby Pink, Black Velvet, Carolina Peach, Cashmere, Emerald Shimmer, Golden Bronze, Italian Nude, Platinum Special, Pussy Red, Red Pearl, Sapphire Glow, Silver Platinum, Simply Red, Tahiti Brown, White Satin, White Rose, Platinum Silver, Touch Of Tan, Touch Of Beige, Colorless/4 Pcs Foot Spa Soaker: With Pumice Stone, Package Dimensions: Approximately 16.42" X 13.58" X 7.91", Weight: About 4.63 Pounds, Rated Power: 500 Watts, Rated Voltage: 110~120v, Rated Frequency: 50hz, Temperature Adjustable Range: 35℃ To 48℃/2 Pcs Astringent Foot Soaker: 128oz/2 Pcs Cooling Foot Soak: Product Dimensions: approximately 6.5-7" X 2.38-2.50" X 9.259.50", Weight: Atleast 900g/2 Pcs Exfoliating Foot Scrub: Package Dimensions: Approximately 7.05-7.50" X 2.32-3" X 1.97-2", Weight: Atleast 6oz/4 Pcs Foot File And Callus Remover: Material: Metal, Steel, Item Dimensions: Approx. 10-10.78" X 2.7" X 0.29", Item Weight: 3.2 Pounds/2 Pcs Foot Scrub/2 Pcs Manicurist Bag: Made Of Heavy Duty Nylon, Large Capacity: Enough Room To Hold Up To 42 Bottles Of 15ml Nail Polish, Size: Approx. 8-9" (l) X 6-7" (w) X 4-5" (h)/6 Pcs Microfiber Towel: 25x65cm, 135g, Microfiber,dark Colors/2 Pcs Alcohol: 70% Ethyl Alcohol With Moisturizer, 500ml/1 Pc Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/1 Pc Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/2 Pcs Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/1 Pc Plastic Table: 4 Seaters, Square Type With Umbrella Hole At The Center, Table Dimension: 36" (length) X 36" (width) X 30" (height), Thickness: Approximately 1.5in To 2in, Color: Beige/1 Pc Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: Beige/1 Pc Peanut Grinding Machine: Electric, 220v, 300w, 50-60hz,material: High Quality Stainless Steel Body And Base, Color: Black, Dimension: Approx. Length: 43.5cm, Width: 23cm, Height: 13.5cm/1 Pc Hand Cobbler Shoe Repair Machine Dual Cotton Nylon Line Sewing Machine Manual Leather Machine Shoe Sewing Machine Color Silver: Product Dimensions 14.4"d X 20.5"w X 5.5"h, Material: Cast Iron Item Weight: 22 Pounds, Power Source: Crank/5 Pcs Wooden Handle Shoes Repairing Awl Shoe Sewing Tool Diy Craft Repair Hand Straight Hook Shoes Sewing Awl Type: Shoes Sewing Awl Material: Wood+metal, Features: Shoes Sewing Awl, Repair Hand , Crochet Needle Tool Dimension: 1: App.2x13.5x6cm/0.79x5.31x2.36in 2: App.2x13x5.5cm/0.79x5.12x2.17in 3: App.2x13x5.5cm/0.79x5.12x2.17in, Color: Wood Color + Silver/5 Pcs Upholstery Stitching Thread Black 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread Brown 100 Mtr 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/5 Pcs Upholstery Stitching Thread White 100 Mtr. 1 Pc Upholstery Hand Stitching Tools For Belts, Saddles, Shoes, Fabric Household Use Handwork Sewing Leather Craft Shoes Repairing/2 Pcs Angle Grinder Cutting Disk: 10 Pcs. Per Set, Dimensions: Approx. 105mm (4") X 1.2mm (3/64"') X 16mm (5/8")/2 Pcs Angle Grinder: Rated Input Power: 730w, Wheel Diameter: 4", Rated Voltage: 220v,frequency: 60hz, No Load Speed: 12,000 Rpm, Weight: Approximately 1.6kg, Grinding Spindle Thread: M10, Disc Diameter: 100mm X 1 X 16mm, Dimension: 298mm (l), 77mm (w), 102mm (h)/2 Pcs Chipping Hammer: Item Weight: at Least 13.8 Ounces, Product Dimensions: 11" (l) X 1" (w) X 7.5" (h), Material: Genuine Leather Grip And Forged Steel/2 Pcs Heavy Duty Corded Drill: Rated Input Power: 750w, Chuck Capacity: Up To 13mm, Drill Capacity: Metal (16mm), Wood (25mm), Masonry (12mm), Dimension: 268mm (l) X 69mm (w) X 192mm (h), Weight W/out Cable: Approximately 1.6-1.8 Kg, Spindle Collar Diameter Of 43 Mm/2 Pcs Metal Drill Bit Set: Material: High Speed Steel, 19pcs Per Set(1mm,1.5mm,2mm,2.5mm,3mm,3.5mm,4mm,4.5mm,5mm,5.5mm,6mm,6.5mm,7mm,7.5mm,8mm,8.5mm,9mm,9.5mm,10mm), Point Angle: 118degree C, Standards: Din 338, Bit Geometry: Standard Twist Bit/2 Pcs Mig Welding Pliers: Overall Length: Atleast 210mm, Material: High Carbon Steel, Handle Material: Thermoplastic Rubber/2 Pcs Needle File Set: (6 Pieces Hand Metal Files, Hardened Alloy, Strength Steel Set Includes Flat, Flat Warding, Square, Triangular, Round, And Half-round File), Color Black, Metal Type: Carbon Steel, Handle Material: Wood, Alloy Steel, Item Dimensions: Approximately 6.1" (l) X 3" (w) X 0.5" (h)/2 Pcs Portable Welding Machine: Input Voltage: 220-240, Frequency: 50-60hz, Output Current: 10-220a, Led Display, No-load Voltage: 85v, Max. Output Current: 220a, Diameter Of Electrode: 1.6-3.2mm, Inclusions: 1 Pc Electrode Holder, 1 Pc Earth Clamp With Cable/2 Pcs Speed Square: Material: Cast Aluminum, Size: About 18x18x2cm/7.09x7.09x0.79", Weight: About 130g,triangle-shaped/2 Pcs Welding Helmet: Auto Darkening Helmet: Power Supply: Battery And Solar Powered, Light Shade: Din9-1, Dark Shade: Din4, Switching Time: 1/25000s, Delay Time: 0.1-0.8s, Sensitivity Adjustment: Stepless Control, Operation Temperature: -5 Degrees- 55 Degrees, Active Viewing Area: 93mmx43mm, Active Viewing Area Size: (+/- 10mm), Item Weight: At Least 1.85 Pounds, Package Dimensions: approximately 12-12.4" (l) X 9-9.61" (w) X 7-7.68" (h)/2 Pcs Welding Magnets: 6 Pcs/set, Overall Length: At Least (3"), Hold Capacity: Up To 25lbs, Arrow Design Supports Angle: 45°, 90°, And 135°, Item Weight: 295g, Package Dimensions: 4.88 X 4.72 X 3.98 Inches, material: Steel, Magnets Size: Approximately - Top (1-1.4cm), Bottom (6.5-7cm), Side (7-7.5cm) Thickness (1-1.3cm)/2 Pcs Welding Suit: 100% Cotton With Pyrovatex, 2 Back Pockets And Rule Pocket With Safety Gusset Feature, High Quality And Long Lasting, Two Way Zipper, Approximate Cloth Size: Large/10 Pcs Camping Dome Tent: Product Dimensions: 82.7"l X 55"w X 43.5"h, Item Weight: 4 Pounds Shape: D Shape Occupancy: 2 Person Included Components: Carry Bag, Stakes, Rainfly Water Resistance Technology 1000 Millimeters, Special Feature: Windproof, Sun Protection/outdoor Mat (banig):size (48" X 75") Material: Palm Leaves (buri)/10 Pcs Double Burner Gas Stove: Stainless Top And Front, Automatic Ignition ,reversible Trivet, Double Detachable Top Burner, Removable Drip Pan, Dimension: 730mm(l) X 395mm(w) X 105mm(h)/2 Unit Lpg Tank With Gas Regulator And Accessories: Capacity: 11kg Cylinder With Gauge And Safety Device, Safety Push Protection For Leakage, Gas Auto Safe Controller, Rubber Gasket, Steel Belted, About 1.8m Hose, With Clamp/1 Unit Gas Range: Approx. 55-70cm (l) X 50-60cm (w) X 86-93cm (h), 4-gas Burner, 62l Gas Oven, Button Ignition, Top Glass Lid, Net Weight: Maximum Of 28kg, Pan Support: Light Cast Iron Pan Support/5 Pcs Kawali: Aluminum, (diameter X Height) 28cmx8cm With Double Handle/2 Pc S Kawa: 19.5" Cast Iron With Double Handle Depth/height: 21cm (medium)/5 Pcs Wok Ladle: Material: Stainless Steel With Wooden Handle: Total Length Of Item: 24 Inches/5 Pcs Wok Spatula: Material: Stainless Steel With Wooden Handle, Total Length Of Item:24 Inches/5 Pcs Stainless Steel Long Wooden Handle Skimmer Strainer: Material: Stainless Steel, Size: 32.3*11.5cm/5 Pcs Casserole With Double Handle: Material: Aluminum, Size: 26cm, Dimension: 36(l) X 28.5(w) X 21(h)cm/5 Pcs Frying Tongs: Materials: Stainless Steel With Rubber Or Plastic Coated Handles, 12 Inch Long/5 Pcs Chopping Board: Material: Polypropylene Plastic: 8"(w) X 10"(l), 1cm (thickness)/5 Pcs Chopping Knife: 10" Stainless; Wood Handle/5 Pcs Grill/ Ihawan With Stand, Material Of Body And Stand: Stainless, 24x12x33inches (lxwxh), Depth: 5inches/1 Unit Heavy Duty Commercial Micromatic Big 7.8l Mrc-50 Rice Cooker 45cups (white)/10 Dz Melamine Round Dinner Plate: 9" Diameter, Color; White/10dz Platito (saucer): Material: Melamine Plastic, Standard Size: 6 Inch (diameter) X ¾ Inch Height/10 Pcs Serving Tray Bamboo - Wooden Tray With Handles, Color Brown Material Wood, Product Dimensions 17"l X 11"w X 2"h/10dz Drinking Glass: 8 Oz, Glass, Product Size: Base Diameter-7cm, Top Diameter: 7cm, H-11.4cm, Heat Resistant, Dishwasher Safe/10dz Spoon: Stainless, 12pcs/per Pack, Size: 8"/10dz Fork: Stainless, 12 Pcs/per Pack, Size 8"/5dz Mangkok (round Shape Bowl), Materials: Ceramic, Size: 6inch (diameter) X 5cm (height)/5 Pcs Storage Box With Wheels For Easy Transport, Measurements: L72 X W52 X H44cm, Food Grade Material, 120l Capacity, Stackable; With Lid And Handle, Color: White/2 Pcs Butcher's Knife: Materials: Stainless, Wood Handle, Size: About 10"/5 Pcs Gallon Acrylic Juice Dispenser Type: Type: Water/juice Dispensers, Overall Dimensions: Height:32 1/2 Inches, Top Diameter: 6 11/16 Inches, Capacity:1.1 Gallons, Base Material: Stainless Steel, Container Material: Acrylic, Style: Single/5 Pcs Chafing Dish Food Warmer Buffet Set: Size: 1/1pan*3, Color: Silver, Material: Stainless Steel, Product Dimensions: 13.39"l X 15.35"w X 23.62"h, Capacity: 8 Quarts/5 Pcs Chest Cooler: Item Package Dimensions: 25.8" (l) X 16.2" (w) X 15.7" (h), Package Weight: 5.76kg, Inside Dimensions: 24.95" (l) X 14.58" (w) X 14.77" (h), Material: plastic, Chamber Depth: 24.95", Capacity: 52l , Color: Blue Or Red/5 Pcs Matress: Size: Semi Double (48" X 75"), Thickness: 4"/15 Pcs Matress Size: Queen (60" X 75") Thickness: 4"/15 Pcs Pillow: Size: Standard (20" X 26")/10 Sets Bed Linen Set Of 3pcs, 1-bed Sheet Size (48" X 75"), 2-pillow Case (20" X 26")/2 Sets Bed Linen Set Of 3pcs: 1-bed Sheet Size (60" X 75"), 2-pillow Case (20" X 26")/6 Unit Electric Fan: Color: Black, Electric Fan Design: Floor Fan, Power Source: Corded Electric Style: 3-speed Ac Motor Fan, Product Dimensions: 15.75"d X 17.72"w X 53.15"h, Room Type: Bedroom, Special Feature: Oscillating, Adjustable Height, Adjustable Tilt,wattage: 60 Watt/4 Unit Industrial Ceiling Fan: Product Material: Cast Aluminum Casing, Product Specifications: 2000mm, Operating Voltage: 220v, Wind Speed: 5th Gear, Number Of Fan Product Color: Black, White, Product Power: 165w, Blades: 6 Blades/150 Pcs Monoblock Chairs: With Backrest, Seat 375mmxdepth 330mm, 2.25 Kg, Class B Plastic, Thickness: Approximately 1.5in, Color: White/15 Pcs Solid Top Round Table: Material: Plastic, Color: White, Size(cm): 115 X 74 X 4.5, Foldable Legs,diameter: 45″, 6 To 8 Seater Capacity 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 Not Applicable. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Livelihood Supplies And Materials If It Follows The Technical Specification Set By The End-user Unit. 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 No. Quantity Item Description Total Delivered, Weeks/months Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division 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 ⬜ (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 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 ⬜ (k) 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 ⬜ (l) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (m) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (n) [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. ⬜ (o) 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 Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2024 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. 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 Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2024 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. 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: ______________________ ________________ 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.
Closing Date30 Jan 2025
Tender AmountPHP 3.4 Million (USD 58.4 K)
VETERANS AFFAIRS, DEPARTMENT OF USA Tender
Others
United States
Details: This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Far Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes Are Being Requested And A Written Solicitation Will Not Be Issued. This Solicitation 36c25925q0227 Is Issued As A Request For Quote (rfq). This Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Fy25.03a 12/27/2024, Fac 2025-02 01/03/2025. No Telephone Requests Will Be Accepted. Only Written Requests Received Directly From The Offeror Are Acceptable. The Associated North American Industry Classification System (naics) Code For This Procurement Is 811210, With A Small Business Size Standard Of $34 Million.
this Solicitation Is 100% Set-aside For Service-disabled Veteran-owned Small Businesses (sdvosbs). If Offeror Is A Gsa Schedule Holder, All Information Requested In This Notice Must Be Provided, Not Just The Offeror S Schedule Number.
the Following Is A List Of The Contract Line-item Numbers, Quantities And Units Of Measure.
clin
description
qty
unit
unit
cost
total Cost
0001
base Yr: 03/03/2025 - 03/02/2026
intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper
1
year
$__________
$__________
0002
oy1: 03/03/2026 - 03/02/2027
intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper
1
year
$__________
$__________
0003
oy2: 03/03/2027 - 03/02/2028
intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper
1
year
$__________
$__________
0004
oy3: 03/03/2028 - 03/02/2029
intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper
1
year
$__________
$__________
0005
oy4: 03/03/2029 - 03/02/2030
intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper
1
year
$__________
$__________
total Cost All Clins: $___________________
statement Of Work (sow)
preventive Maintenance And Repair On
xper Software Maintenance
department Of Veterans Affairs (va)
veterans Health Administration (vha)
purpose:
veterans Affairs Requires A Contractor To Provide Software Maintenance With Hardware Support For Cardiology Intellispace Systems At The Oklahoma Va Health Care System. Services Are To Be Performed In Accordance With This Sow And To Oem Standards, With The Intent Of Ensuring The Equipment Operates As The Original Manufacturer Intended, Uninterrupted (95% Uptime), In A Cost-effective, Efficient Manner, Contributing To The Va Mission.
services Are Required On The Government-owned Systems Listed In This Sow For The Period Of Performance And At The Location Outlined In This Sow.
this Contract Will Be A Non-personal Services Contract. The Contractor, Its Employees, Agents And Subcontractors Shall Not Be Considered Government Employees For Any Purpose. Contractor Shall Furnish All Labor, Materials, Parts, Equipment, Tools, Transportation, And Supervision To Provide Services In Accordance With This Performance Work Statement (sow).
the C&a Requirements Do Not Apply, And A Security Accreditation Package Is Not Required.
period Of Performance: Refer To The Price/schedule Page Of This Document
location Of Performance: Refer To Page 1 Of This Document
background:
equipment: The Following Systems Of Equipment Will Require Services Under This Contract. This Includes Sub-systems, Components, Software, Hardware, And Parts.
equipment
description
brand & Model
original Equipment Manufacturer (oem)
serial Number
va
pmi Number
cardiology Software
intellispace Hemo Xper Software
philips
-
-
summary Of Requirements
contractor Shall Provide Oem-trained Technicians To Perform Oem-standard Services On Equipment In This Sow. Services On The Equipment Include Maintenance Support, Corrective Maintenance Repair, 24x7 Emergency Phone Support, Provision Of Parts, And Service And Modification As Required Due To Safety Or Reliability. All Oem Software Updates Shall Be Included.
tasks And Requirements
performance And Repairs: All Work Performed Shall Be In Accordance With Manufacturer S Specifications To Keep The Equipment In Operating Condition. Contractor Must Guarantee 95% Up Time For The Equipment. Contractor Shall Guarantee That All Equipment Covered By This Contract Shall Be In Optimum Working Condition At The Completion Of Each Contracted Period Of Performance. Contractor Will Make Every Attempt To Maintain And Repair Equipment On-site Within A Reasonable Time, Unless Local Environment Prohibits On-site Attendance. Failing This, Contractor Will Provide Substitute Equipment In The Event A Repair Continues Beyond The Reasonable Time Frame.
a Reasonable Time Frame Ensures The Va Mission Continues Uninterrupted With No Loss, Damage Or Suffering To Va Patients And Resources.
preventive Maintenance: Contractor Shall Provide Periodic Preventive Maintenance Service On Equipment Within The Interval(s) Set By The Oem (ie, Annual, Semi-annual, Quarterly), In Scheduled Month Of Each Contracted Period Of Performance, Including All Work Between Standard Business Hours, Weekend Hours, And Non-standard Hours, And Arranged Through The Cor. The Contractor Shall Work With The Cor, Surgery Service And Sterile Processing Service To Not Disrupt Patient Care By Scheduling Pm Visits In Advance. The Visits Will Include Equipment Verification By An Oem-trained Technician. Before The Expiration Of Each Period Of Performance, The Contractor Shall Provide The Cor With A Report Certifying The Equipment Listed In This Sow Has Been Calibrated To O.e.m. Standards Not Less Than Oem Recommended Interval(s) During The Contract Period. All Parts Shall Be O.e.m. Standard Or Certified.
service Call: Unscheduled Service Should Be Conducted At No Additional Cost During Standard Business Hours, Monday Through Friday, 8:00 Am 5:00 Pm. Non-emergency Service (machine Still Able To Run With No Increased Patient Risk) Should Be Available, With A Technician Onsite At Location, Within 48 Hours Notice From The Cor. If Support Call For Repair Service Is Deemed Mission-critical, Contractor Will Be On-site Performing Corrective Action Response To Service Calls Within 24 Hours Of Notice From Cor, Barring Special Circumstances. 24 Hour Service Call Center Support Should Be Available To Schedule Corrective Service Calls.
technical Phone Support Shall Be Available Weekdays From 7:00 Am 7:00 Pm At No Additional Charge.
software Updates: Contractor Shall Provide Any Software Updates, As They Become Available, For All Equipment, At No Additional Cost. All Software Changes Made Become The Property Of The Va.
help Desk Support: Contractor Shall Provide Emergency Telephone Support During Standard Business Hours, As A Minimum At No Additional Charge, With Phone Calls Returned No Later Than 2 Hours After A Voice Message Has Been Left By The Cor.
modifications: If Contractor Or External Hazard Assessment/notification By The Fda, Ncps, Or Ceosh Determines That A Modification Is Necessary To Address Safety Concerns Or Reliability, Installation And Modification Will Be Performed At No Additional Charge.
parts: As Part Of The Oem-standard Of Service Required On This Contract, Contractor Must Provide Unique And/or High Mortality Replacement Parts. All Parts Will Be O.e.m. Recommended Parts. Contractor Must Provide Repair Services On Batteries And Handpieces, At No Additional Cost To The Government. This Includes Provision Of Replacement/loaner Parts And Shipment Costs, Such As Loaner Handpieces. To Maintain Continuity Of Patient Care, Contractor Must Ship Replacement/loaner Handpieces Overnight To The Va Within 48 Hours Of Receipt Of Notice By The Va That A Hand Piece Needs To Be Repaired Due To Normal Wear And Tear. Once The Loaner Is Received By The Va, The Va Will Ship The Government-owned Hand Piece To The Contractor.
if The Government-owned Hand Piece Is Not Able To Be Repaired The Contractor Must Return The Broken Handpiece To The Va With Written Notification Of What Prevented The Repair And The Issues Causing The Part Not To Function The Way The Oem Intended.
if Any Contractor Personnel Performing Service On Site At The Va Brings Parts, Devices, Or Equipment That Have Serial Numbers And Will Be Used In Patient Care, These Items Must Be Checked In Upon Entry And Checked Out Upon Exiting The Va With Both Logistics And Biomed Departments.
shipment: Contractor Shall Be Responsible For Shipment Of Repair Parts And Substitute Equipment At No Expense To The Government, With Fob Destination Terms Applicable In These Circumstances, And In Favor Of The Va Medical Center At This Location. All Shipments, Labels, Invoices And Correspondence Related To This Contract Must Include The Contract Number And Marked Attn: Cor/local Va Poc [insert Individual Name] . Contractor Must Email The Local Va Poc Or Cor With Carrier And Tracking Information In Advance Of All Shipment Of Parts And Equipment So The Va May Be Prepared To Receive The Items And Track Them To Avoid Loss.
government Furnished Equipment / Property (gfe / Gfp)
government Property Is Any Real Property At The Vamc Accessed By The Contractor In The Performance Of Services In Accordance With The Sow.
condition Of Equipment
the Contractor Shall Accept Responsibility For The Equipment In "as Is" Condition. Failure To Inspect The Equipment Prior To Contract Award Shall Not Relieve The Contractor From Performance Of The Requirements Of This Contract.
storage
storage For Contractor Equipment Is Not Provided At The Vamc. The Contractor Is Responsible For The Security Of Its Equipment. The Government Is Not Responsible For The Security Of Contractor Equipment.
contractor Furnished Equipment / Property (cfe / Cfp)
service Manuals/tools/equipment
the Vamc Shall Not Provide Tools, (test) Equipment, Service Manuals Or Service Diagnostic Software To The Contractor. The Contractor Shall Obtain, Have On File, And Make Available To Its Fse's All Operational And Technical Documentation (such As; Operational And Service Manuals, Schematics, And Parts List) Which Are Necessary To Meet The Performance Requirements Of This Contract. The Location And Listing Of The Service Data Manuals, By Name And/or The Manuals Themselves Shall Be Provided To The Co Upon Request.
quality
conformance Standards
contractor Shall Ensure That Their Services, Staff And Equipment Used In The Performance Of This Contract Conform And Comply With The Latest Industry Service Standards, Information, Guidance, Regulations And Publications Of The Following:
aami-ansi St-79:2010 Part 7.7 Standards (servicing And Repairs Of Devices In The Health Care Facility). This Can Be Obtained At Http://www.aami.org/publications/standards/st79.html
iahcsmm - International Association Of Healthcare Central Service Materiel Management
us Fda Us Food And Drug Administration
cdc Centers For Disease Control And Prevention
cdrh Center For Devices And Radiological Health
iso (as A Minimum: Iso 9001:2008 Certification And Iso 13485:2003 Certification (medical Devices))
asq American Society For Quality
ul Underwriters Laboratories
osha Occupational Safety And Health Administration
safety
the Contractor Must Perform Services In Accordance With:
local, State And Federal Occupational Safety And Health Guidelines And Legislation, To Include Occupational Safety And Health Administration (osha), The American National Standards Institute (ansi) Safety Guidelines, And Any Va Medical Center Directives;
local, State And Federal Fire And Safety Legislation And Guidelines, To Include Va Medical Center Directives And Legislation On Fire And Safety;
all Other Conformance Standards Identified In This Sow
medical Center Policies
each Va Medical Center Has Policies That Are Updated From Time To Time. The Cor Can Provide More Detailed Information To The Contractor Of These Upon Commencement Of The Contract And Throughout The Term Of The Contract, As Needed, Especially Policies Regarding, Parking, Possession Of Weapons, Cell Phone Use And Photography As Well As Smoking On Va Property. Violations Of Such Policies May Result In Individual Fines Or Citation Answerable In The United States (federal) District Court.
remedy Or Rework
rework Or Remedy Is Defined As Performing The Service Again Until The Purpose Of This Sow Is Achieved In Full. This Involves Less Than Satisfactory Service By The Contractor And As Noted By The Cor.
rework Or Remedy Must Occur Within 3 Business Days Of The Notice Of The Rework Or Remedy Requirement From The Cor And At No Additional Cost To The Government.
inspection And Acceptance Of Services: The Government Reserves The Right To Inspect And Test Services In Accordance With This Sow And The Contract. The Only Individual Authorized To Officially Accept Services Is The Cor. While Inspection Of Services May Be Delegated By The Cor And A Shared Responsibility With Departmental Management Staff, The Cor Is Ultimately The Only Authorized Individual To Approve And Accept Services On Behalf Of The Va.
deliverables (refer Also To Technical Qualification And Contact Points For Additional Deliverables)
service Report (sr)
contractor Is Responsible For Providing Service Reports For Every Service. A Service Report Is Required For All:
outgoing Serviced Equipment With An Inventory Of All Equipment Collected By The Contractor,
And
incoming Serviced Equipment With An Inventory Of All Equipment Completely Serviced And Delivered By The Contractor And With The Service Report Provided To The Cor At The Time Of Delivery Of Serviced Equipment.
such Documentation Shall Meet The Guidelines As Set Forth In The Conformance Standards.
in Addition, Each Service Report Shall, At A Minimum, Document The Following Data Legibly And In Complete Detail:
name Of Contractor And Contract Number.
name Of Field Technician Who Performed Services.
contractor S Service Report Number/log Number.
date And Time (arrival And Departure) Of Field Technician On-site At Va Collecting And Delivering Equipment
va Purchase Order Number
description Of Problem Reported By Cor.
details Of Equipment Serviced:
equipment Set Numbers
device Name, Instrument Type
serial Number
any Other Manufacturer's Identification Numbers.
pmr And Service Description
total Itemized Cost Of All Parts And/or Services Provided
signatures:
field Technician Performing Services Described.
cor Acceptance Signature
invoices: The Contractor Must Include The Service Report Number On The Associated Invoice.
service Reports (engineers Service Report (esr) Or Service Report)
when The Service Is Completed, The Field Technician Shall Document Services Rendered On A Legible Service Report(s). During Check In/check Out Procedures With The Cor, The Field Technician Must Provide The Cor With The Service Report(s) For That Service Visit. Esr Can Be Submitted Electronically To The Cor, Not Exceeding 5mb In Size, Following Service Completion Yet Before The Technician Departs The Location To Ensure The Cor Has An Opportunity To Review And Provide An Acceptance Signature. All Service Reports Shall Be Submitted To The Cor For An "acceptance Signature". If The Cor Is Unavailable, A Signed Copy Of The Service Report Shall Be Sent To The Contractor After The Work Can Be Reviewed (if Requested Or Noted On The Service Report).
the Contractor Shall Immediately, But No Later Than 24 (twenty-four) Consecutive Hours After Discovery, Notify The Cor (in Writing) Of The Existence Or The Development Of Any Defects In The Equipment Submitted For Service Which The Contractor Considers He/she Is Not Responsible For Under The Terms Of The Contract And Where Replacement Is Recommended.
technical Qualifications And Personnel Standards
calibration Of Vendor S Equipment: Contractor Must Provide The Cor With Certification Attesting That All Gauging And Measurement Equipment Used To Check And Calibrate The Subject Items Of Equipment Has Been Calibrated Either According To The Manufacturer S Specifications Or Within The Last Twelve Months Against A Standard That Is Traceable To The National Bureau Of Standards.
contractor Must Provide The Cor And Contracting Office With Such Documentation, As A Minimum:
within 5 Business Days Of Contract Award,
within 5 Business Days After Renewal Or Extension Of Services In Accordance With, And If Permitted By Applicable Far Clause, And
In Advance Of Commencing Services On Equipment Identified In This Sow.
qualifications Of Contractor Oem-trained Technicians: Contractor Shall Document, In Writing, Their Experience In Working On The Identical Make And Model Equipment Listed In This Sow As Well As The Qualifications Of Individuals Who Will Work On The Equipment. Where The Sow Requires Oem-trained Technicians, Demonstration Of This Will Also Be Required In The Documentation.
contractor Must Provide The Cor And Contracting Office With Such Documentation, As A Minimum:
within 5 Business Days Of Contract Award,
within 5 Business Days After Renewal Or Extension Of Services In Accordance With, And If Permitted By Applicable Far Clause, And
immediately, When Previously Assigned Oem-trained Technicians Have Been Replaced,
And In Advance Of Commencing Services On Equipment Identified In This Sow.
the Contractor Shall Have Sufficient Staff To Satisfactorily Support This Contract, Including The Sow And Its Purpose. Contractor Staff Providing Services On This Contract Must Include A "fully Qualified" Filed Service Engineer (fse) And A "fully Qualified" Fse Who Shall Serve As The Backup.
"fully Qualified" Is Based Upon Training And On Experience In The Field. For Training, The Fse(s) Has Successfully Completed A Formalized Training Program, For The Equipment. For Field Experience, The Fse(s) Has A Minimum Of Two Years Of Experience (except For Equipment Newly On The Market) With Respect To Scheduled And Unscheduled Preventive And Remedial Maintenance Of The Equipment In This Contract
the Fses Shall Be Authorized By The Contractor To Perform The Maintenance Services. All Work Shall Be Performed By "fully Qualified" Competent Fses. The Contractor Shall Provide Written Assurance Of The Competency Of Their Personnel And A List Of Credentials Of Approved Fses For Each Make And Model The Contractor Services At The Vamc. The Co May Authenticate The Training Requirements, Request Training Certificates Or Credentials From The Contractor At Any Time For Any Personnel Who Are Servicing Or Installing Any Vamc Equipment. The Co And/or Cor Specifically Reserve The Right To Reject Any Of The Contractor's Personnel And Refuse Them Permission To Work On The Vamc Equipment.
if Subcontractor(s) Are Used, They Shall Be Approved By The Co Prior To Commencement Of Services. The Contractor Shall Submit Any Proposed Change In Subcontractor(s) To The Co For Approval/disapproval.
contractor Employee S On-site At Location: At All Times During Performance Of Services, In Accordance With This Sow, The Contractor Must Ensure Contractor Personnel:
be Able To Function Professionally Amongst The General Public In A Hospital And Health Care Environment. Where Possible, A Warm-natured And Humane Approach Is Preferred.
be Able To Read, Understand And Apply Printed Rules, Detailed Orders, And Instructions
be Familiar With And Compliant With This Sow And Contractual Requirements.
be Displaying Va Identification Badges And Contractor-issued Name Tags, Clearly Visible To The General Public
be Directly And Personally Escorted By The Contractor S On-site Supervisor When Contractor Personnel Are Not Displaying Va Identification Badges And Contractor-issued Name Tags
maintain A Neat, Clean, Professional Appearance
be Properly Attired In Contractor-issued Uniforms Which Clearly Display Contractor Branding, Keeping In Accordance With Vha Dress Policies.
compliant With Va Safety And Osha Regulations Throughout The Va Medical Center, As Well As Va Medical Center Policies.
compliant With Parking Requirements At The Vamc And Park Only In The Designated Parking Areas As Assigned By The Cor.
maintain Decorum At All Times. During The Performance Of Services Care And Consideration Must Be Given To Va Visitors And Staff. All Services Must Be Performed With Minimal Disturbance Or Hindrance To Va Medical Center Visitors And Staff, Specifically Maintaining The Requirements Identified In The Overview Of This Sow.
contractor Shall Not Be Considered Government Employees For Any Purpose.
Security Procedures And Operating Hours
check In/out Procedures
prior To Commencement Of Services, And When Visiting The Va Medical Center, The Contractor Or Contractor S Authorized Field Technician, Must Check In And Out With The Biomed Administrative Officer Located In The Basement At The Va Location, Room Be-100. Only Individual Va Biomedical Management Staff, As Delegated By The Cor, Can Coordinate Check In And Check Out Procedures For The Contractor In The Absence Of The Cor. Due To Heightened Security Requirements, The Contractor Or Their Authorized Service Representative Will Be Required To Wear An Id Badge Which Will Be Signed For Upon Arrival And Turned In When Leaving. All Badges Must Be Worn At Or Above The Waist And Facing Forward. This Badge Must Be Turned In Before Leaving The Premises; Otherwise The Person Signing For It Will Be Required To Pay For The Unreturned Id Badge.
standard Business Hours And Federal Holidays: Contract Performance Shall Occur During Standard Business Hours Unless Approved And Arranged Through The Cor. Standard Hospital Hours Are 8 Am To 5 Pm. Contractor Must Coordinate All Services With The Cor.
the Federal Government Observes The Following Days As Holidays.
new Year S Day
january 1st *
martin Luther King S Birthday
third Monday In January
presidents Day
third Monday In February
memorial Day
last Monday In May
juneteenth
june 19th *
independence Day
july 4th *
labor Day
first Monday In September
columbus Day
second Monday In October
veterans Day
november 11th *
thanksgiving Day
fourth Thursday In November
christmas Day
december 25th *
*holidays That Fall On Saturday Are Observed On The Preceding Friday. Holidays That Fall On Sunday Are Observed On The Following Monday.
in Addition To The Days Designated As Holidays, The Government Observes The Following Days:
any Other Day Designated By Federal Statute
any Other Day Designated By Executive Order
any Other Day Designated By The President Of The United States To Be A Federal Holiday
contractor Holidays Not Included In The Table Of Government Holidays Or Other Observation Days Listed Above Shall Not Be Considered Official Holidays And Shall Be Included In The Contract Performance As Standard Business Days For The Purposes Of Repairs And Maintenance.
contact Points
contractor Point Of Contact (poc)
the Contractor Shall Specify An Individual Who Shall Serve As A Single Point Of Contact For All Contract Issues (poc). Contractor Must Provide The Cor And Contracting Office With The Poc Contact Details, To Include Business Phone Number Or Cell Phone Number And Email, As A Minimum:
within 5 Business Days Of Contract Award,
within 5 Business Days After Renewal Or Extension Of Services In Accordance With, And If Permitted By Applicable Far Clause, And
within 5 Business Days Prior To A Change In The Poc By The Contractor.
the Poc Must Be Easily Accessible By Phone And Return Cor Calls Within 48 Hours Of A Voice Message Left By The Cor.
contracting Officer S Representative (cor)
upon Contract Commencement, The Contracting Officer Will Notify The Contractor In Writing As To The Cor Assigned To This Contract, And Upon Reassignment Of A New Cor, As Applicable. Contractor Shall Only Respond To Requests For Service From The Cor Or The Co. If Service Is Requested From Any Source, Other Than The Cor Or The Co, The Contractor Is To Advise The Individual Of This Requirement And Refuse To Respond. Any Billing Resulting From Unauthorized Service Will Not Be Paid By The Government. The Cor Will Evaluate The Contractor S Performance Through Review Of The Contractor S Quality Control Procedures In Accordance With This Contract And Sow.
authority Of The Cor
the Contracting Officer Is The Only Person Authorized To Approve Changes In Any Of The Requirements Of This Contract. In The Event The Contractor Affects Any Changes At The Direction Of Any Person Other Than The Contracting Officer, The Changes Will Be Considered To Have Been Made Without Authority And No Adjustment Will Be Made In The Contract Price Or Schedule To Cover Any Increase In Costs Incurred As A Result Thereof. The Contracting Officer Shall Be The Only Individual Authorized To Accept Nonconforming Work, Waive Any Requirement Of The Contract, And/or Modify Any Term Or Condition Of The Contract. The Contracting Officer Is The Only Individual Who Can Legally Obligate Government Funds. No Costs Chargeable To The Proposed Contract Can Be Incurred Before Receipt Of A Fully Executed Contract Or Specific Authorization From The Contracting Officer. Any Invoicing Or Charges Resulting From Unauthorized Service Will Not Be Paid By The Government.
government Alternate Points Of Contact (poc) Emergencies Only
the Cor Will Identify Alternate Points Of Contact (poc) To Be Used Only For Instances Of Emergencies When The Cor Is Not Easily Contactable. These Will Be Individuals In Supervisory Or Managerial Roles Within The Biomed Department. The Contractor Will Be Provided This Information Within 5 Days After Contract Award And Within 48 Hours Of A Change To This Information. An Alternate Poc Does Not Replace The Cor Nor Do They Replace The Contracting Officer During The Performance And Administration Of This Contract, Nor Does It Relinquish Or Diminish The Contractor S Requirements In Relation To The Performance Of This Contract.
liabilities And Insurances
protection From Damage
contractor Shall Provide All Labor, Materials, And Equipment Necessary For Protection Of Vamc Personnel, Furnishings, Equipment, And Buildings From Damage, And Shall Replace Or Repair Any Damage Due To Work Performed Under This Contract Equal To Its Original Construction And Finish.
liability Insurance
contractor Must Provide The Cor And The Co With Written Confirmation That Contractor Has Adequate Insurance Protection Against Negligent Work And Other Forms Of Liability.
definitions
acceptance Signature - Cor's Signature; Indicates Cor Accepts Work Status As Stated In Service Report.
contractor Employees Has The Same Meaning As Contractor Personnel
contractor Personnel - Has The Same Meaning As Contractor Employees
cor Contracting Officer S Representative
fda - Food And Drug Administration (u.s. Department Of Health And Human Services)
field Technician Or Field Service Engineer (fse) - A Person Who Is Authorized By The Contractor To Perform Pmr Services On Va Premises. Also Known As Technically Trained Personnel.
iso - International Organization For Standardization
labor Refer To Technically Trained Personnel, Also Field Technician
o.e.m. Or Oem Original Equipment Manufacturer. The Actual Manufacturer And Point Of Origin Of The Equipment. The Oem Provides Schematics And Standards For Maintenance And Repair Of The Equipment And Equipment Shall Be Maintained In Accordance With These Practices. The Oem Is Identified In The Background Section Of This Sow.
oem-trained Technicians Means Contractor Technicians (technically Trained Personnel, Fse, Field Technicians), Be They Oem Or Third Party Provided, Who Are Formally Trained To Oem Standards To Satisfactorily Perform Services On Equipment In This Sow. Where Oem-trained Technicians Are Required In The Sow It Means That Services Are To Be Performed At No Less Than This Criteria, For The Period Of Performance At The Location, To Ensure The Sow Purpose Is Met In Order To Avoid Future Equipment Breakdowns Or Malfunctions Which Could Lead To The Va Being Accused Of Malpractice Or Negligence. This Assists The Va In Meeting Its Mission.
original Equipment Manufacturer - Oem
osha Occupational Safety And Health Administration
pmi - Preventive Maintenance Inspection
service Report - A Documentation Of The Services Rendered For Each Incidence Of Work Performance Under The Terms And Conditions Of The Contract.
services Includes Preventive Maintenance And Repair For Equipment And Components Listed In This Sow And In Accordance With This Sow
sr Service Report
technically Trained Personnel Are Personnel And/or Employees Who Shall Be Suitably Knowledgeable In The Field Related To The Services In This Sow In Order To Satisfactorily Perform Services In Accordance With The Sow. The Contractor Shall Provide Personnel Experienced And Qualified To Perform The Required Services In Accordance With Industry Practices And Standards. Also Known As Field Technician Or Field Service Engineer (fse). For Example, This Could Mean German-trained Technicians, Certified Technicians Etc. Technically Trained Personnel Are Also Known As Contractor Personnel Or Contractor Employees Or Technicians.
vamc Veterans Affairs Medical Center
the Provision At Far 52.212-1, Instruction To Offerors -- Commercial Products And Commercial Services (sep 2023), Applies To This Acquisition With The Following Addendum:
far 52.204-7, System For Award Management (oct 2018);
far 52.204-16, Commercial And Government Entity Code Reporting (aug 2020);
far 52.216-1, Type Of Contract (apr 1984): The Government Anticipates The Awarding Of A Single Firm-fixed Price Definitized Contract To Fulfill This Requirement.
the Provision At Far 52.212-2, Evaluation -- Commercial Items (nov 2021), Applies To This Acquisition. (a) The Government Will Award A Contract Resulting From This Solicitation To The Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers:
contract Award Will Be Made Based On The Solicitation Response That Represents The Best Value To The Government Using A Contracting Officer S Comparative Analysis. Since The Contracting Officer Is Considering Price And Other Factors, The Co May Award To Other Than The Lowest-priced Offer. The Information Below Explains The Evaluation Approach:
the Contracting Officer Will Make A Comparative Analysis Of All Offers Against The Solicitation, Using The Following Factors To Decide Which Offer(s) Represent The Best Value To The Government:
factor 1: Technical Ability
the Offer Shall Be Evaluated On The Conformance To The Requirements Listed In The Statement Of Work. The Offeror Shall Submit A Technical Narrative, That Describes The Means And Methods Of Successfully Performing All Work Detailed In The Sow, To Include The Personnel Being Proposed To Perform The Work. Narrative Should Demonstrate That Offeror Possesses A Clear Understanding Of The Requirements In The Sow. Any Training Certifications For The Repair Of Said Equipment Should Be Provided With Quote.
factor 2: Past Performance
offeror Shall Provide No More Than Three References Of Relatively The Same Size And Complexity. Include The Following Information For Each Contract: Name And Address Of Contracting Activity (company Name), Contract Number, Type Of Contract, Total Contract Amount, And Status, Date Of Award And Completion, Description And Location Of Contract Work, List Of Major Subcontractors If Any, Contracting Officer Or Individual Responsible For Signing The Contract, And Their Telephone And Fax Number, And The Cor S/administrator S Name, Telephone And Fax Numbers. Offerors May Provide Information On Problems Encountered On Identified Contracts And The Offeror S Corrective Action. Searches In Cpars (contractor Performance Assessment Reporting System), As Well As Past Performance Questionnaires May Be Utilized.
factor 3: Price Offerors Shall Provide One Copy Of The Fully Completed Price Schedule In The Format Listed Above. Proposed Prices Will Be Evaluated For Realism And Reasonableness.
the Comparative Analysis Method Will Be Used To Evaluate Offers. Offers Will Be Evaluated To Determine Which Offer Provides The Overall Best Value To The Government, All Factors Considered.
(b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s).
(c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer S Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. (end Of Provision)
a Completed Copy Of The Provision At Far 52.212-3, Offeror Representations And Certifications Commercial Products And Commercial Services (may 2024) Shall Be Submitted With The Offer.
the Clause At Far 52.212-4 Contract Terms And Conditions-commercial Products And Services (nov 2023), Applies To This Acquisition, With The Following Addendum:
far 52.204-9, Personal Identity Verification Of Contractor Personnel (jan 2011);
far 52.204-13, System For Award Management Maintenance (oct 2018);
far 52.204-18, Commercial And Government Entity Code Maintenance (aug 2020);
far 52.217-8 Option To Extend Services (nov 1999) The Government May Require Continued Performance Of Any Services Within The Limits And At The Rates Specified In The Contract. These Rates May Be Adjusted Only As A Result Of Revisions To Prevailing Labor Rates Provided By The Secretary Of Labor. The Option Provision May Be Exercised More Than Once, But The Total Extension Of Performance Hereunder Shall Not Exceed 6â months. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within Fifteen (15) Days Of The Expiration Date Of The Current Contract Period.
for The Purposes Of The Award Of This Contract, The Government Intends To Evaluate The Option To Extend Services Under Far 52.217-8 As Follows:
the Evaluation Will Consider The Possibility That The Option Can Be Exercised At Any Time, And Can Be Exercised In Increments Of One To Six Months, But Not For More Than A Total Of Six Months During The Life Of The Contract.â The Evaluation Will Assume That The Prices For Any Option Exercised Under Far 52.217-8 Will Be At The Same Rates As Those In Effect Under The Contract At The Time The Option Is Exercised.â The Evaluation Will Therefore Assume That The Addition Of The Price Or Prices Of Any Possible Extension Or Extensions Under Far 52.217-8 To The Total Price For The Basic Requirement And The Total Price For The Priced Options Has The Same Effect On The Total Price Of All Quotes Relative To Each Other, And Will Not Affect The Ranking Of Quotes Based On Price, Unless, After Reviewing The Quotes, The Government Determines That There Is A Basis For Finding Otherwise.â This Evaluation Will Not Obligate The Government To Exercise Any Option Under Far 52.217-8. The `specified' Rates Under This Clause Will Be Those Rates In Effect Under The Contract Each Time An Option Is Exercised Under This Clause. (end Of Clause)
far 52.217-9 Option To Extend The Term Of The Contract (mar 2000)
(a) The Government May Extend The Term Of This Contract By Written Notice To The Contractor Within 30 Days; Provided That The Government Gives The Contractor A Preliminary Written Notice Of Its Intent To Extend At Least 30 Days Before The Contract Expires. The Preliminary Notice Does Not Commit The Government To An Extension. (b) If The Government Exercises This Option, The Extended Contract Shall Be Considered To Include This Option Clause. (c) The Total Duration Of This Contract, Including The Exercise Of Any Options Under This Clause, Shall Not Exceed Five (5) Years. (end Of Clause)
far 52.223-6 Drug-free Workplace (may 2001);
far 52.223-99 Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors (deviation)
far 52.228-5 Insurance Work On A Government Installation (jan 1997);
cl 120 - Supplemental Insurance Requirements: In Accordance With Far 28.307-2 And Far 52.228-5, The Following Minimum Coverage Shall Apply To This Contract:
(a) Workers' Compensation And Employers Liability: Contractors Are Required To Comply With Applicable Federal And State Workers' Compensation And Occupational Disease Statutes. If Occupational Diseases Are Not Compensable Under Those Statutes, They Shall Be Covered Under The Employer's Liability Section Of The Insurance Policy, Except When Contract Operations Are So Commingled With A Contractor's Commercial Operations That It Would Not Be Practical To Require This Coverage. Employer's Liability Coverage Of At Least $100,000 Is Required, Except In States With Exclusive Or Monopolistic Funds That Do Not Permit Workers' Compensation To Be Written By Private Carriers.
(b) General Liability: $500,000.00 Per Occurrences.
(c) Automobile Liability: $200,000.00 Per Person; $500,000.00 Per Occurrence And $20,000.00 Property Damage.
(d) The Successful Bidder Must Present To The Contracting Officer, Prior To Award, Evidence Of General Liability Insurance Without Any Exclusionary Clauses For Asbestos That Would Void The General Liability Coverage. (end Of Clause)
52.232-19â Availability Of Funds For The Next Fiscal Yearâ (apr 1984) Funds Are Not Presently Available For Performance Under This Contract Beyond September 30th Of Any Fiscal Year. The Government S Obligation For Performance Of This Contract Beyond That Date Is Contingent Upon The Availability Of Appropriated Funds From Which Payment For Contract Purposes Can Be Made. No Legal Liability On The Part Of The Government For Any Payment May Arise For Performance Under This Contract Beyond September 30th Of Any Fiscal Year, Until Funds Are Made Available To The Contracting Officer For Performance And Until The Contractor Receives Notice Of Availability, To Be Confirmed In Writing By The Contracting Officer. (end Of Clause)
far 52.237-2, Protection Of Government Buildings, Equipment, And Vegetation (apr 1984);
far 52.237-3, Continuity Of Services (jan 1991);
vaar 852.203-70, Commercial Advertising (may 2008);
vaar 852.219-10 Va Notice Of Total Service-disabled Veteran-owned Small Business Set-aside. (nov 2020) (deviation);
vaar 852.204-70 Personal Identity Verification Of Contractor Personnel (may 2020)
vaar 852.219-74, Limitations On Subcontracting Monitoring And Compliance (jul 2018) (deviation)
(a) This Solicitation Includes Vaar 852.219-10, Va Notice Of Total Service-disabled Veteran-owned Small Business Set-aside.
(b) Accordingly, This Contract Is Subject To The Limitation On Subcontracting Requirements In 13 Cfr 125.6, Or The Limitations On Subcontracting Requirements In The Far Clause, As Applicable. The Contractor Is Advised That In Performing Contract Administration Functions, The Contracting Officer May Use The Services Of A Support Contractor(s) Retained By Va To Assist In Assessing The Contractor's Compliance With The Limitations On Subcontracting Or Percentage Of Work Performance Requirements Specified In The Clause. To That End, The Support Contractor(s) May Require Access To Contractor's Offices Where The Contractor's Business Records Or Other Proprietary Data Are Retained And To Review Such Business Records Regarding The Contractor's Compliance With This Requirement.
(c) All Support Contractors Conducting This Review On Behalf Of Va Will Be Required To Sign An Information Protection And Non-disclosure And Disclosure Of Conflicts Of Interest Agreement To Ensure The Contractor's Business Records Or Other Proprietary Data Reviewed Or Obtained In The Course Of Assisting The Contracting Officer In Assessing The Contractor For Compliance Are Protected To Ensure Information Or Data Is Not Improperly Disclosed Or Other Impropriety Occurs.
(d) Furthermore, If Va Determines Any Services The Support Contractor(s) Will Perform In Assessing Compliance Are Advisory And Assistance Services As Defined In Far 2.101, Definitions, The Support Contractor(s) Must Also Enter Into An Agreement With The Contractor To Protect Proprietary Information As Required By Far 9.505-4, Obtaining Access To Proprietary Information, Paragraph (b). The Contractor Is Required To Cooperate Fully And Make Available Any Records As May Be Required To Enable The Contracting Officer To Assess The Contractor's Compliance With The Limitations On Subcontracting Or Percentage Of Work Performance Requirement. (end Of Clause)
vaar 852.219-77 Va Notice Of Limitations On Subcontracting Certificate Of Compliance For Services And Construction.
as Prescribed In 819.7009(c) Insert The Following Clause:
va Notice Of Limitations On Subcontracting Certificate Of Compliance For Services And Construction (sep 2021) (deviation)
(a) Pursuant To 38 U.s.c. 8127(k)(2), The Offeror Certifies That
(1) If Awarded A Contract (see Far 2.101 Definition), It Will Comply With The Limitations On Subcontracting Requirement As Provided In The Solicitation And The Resultant Contract, As Follows: [contracting Officer Check The Appropriate Box Below Based On The Predominant Naics Code Assigned To The Instant Acquisition As Set Forth In Far 19.102.]
(i) [ ] Services. In The Case Of A Contract For Services (except Construction), The Contractor Will Not Pay More Than 50% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. Any Work That A Similarly Situated Vip-listed Subcontractor Further Subcontracts Will Count Towards The 50% Subcontract Amount That Cannot Be Exceeded. Other Direct Costs May Be Excluded To The Extent They Are Not The Principal Purpose Of The Acquisition And Small Business Concerns Do Not Provide The Service As Set Forth In 13 Cfr 125.6.
(ii) [ ] General Construction. In The Case Of A Contract For General Construction, The Contractor Will Not Pay More Than 85% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. Any Work That A Similarly Situated Vip-listed Subcontractor Further Subcontracts Will Count Towards The 85% Subcontract Amount That Cannot Be Exceeded. Cost Of Materials Are Excluded And Not Considered To Be Subcontracted.
(iii) Special Trade Construction Contractors. In The Case Of A Contract For Special Trade Contractors, The Contractor Will Not Pay More Than 75% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. Any Work That A Similarly Situated Subcontractor Further Subcontracts Will Count Towards The 75% Subcontract Amount That Cannot Be Exceeded. Cost Of Materials Are Excluded And Not Considered To Be Subcontracted.
(2) The Offeror Acknowledges That This Certification Concerns A Matter Within The Jurisdiction Of An Agency Of The United States. The Offeror Further Acknowledges That This Certification Is Subject To Title 18, United States Code, Section 1001, And, As Such, A False, Fictitious, Or Fraudulent Certification May Render The Offeror Subject To Criminal, Civil, Or Administrative Penalties, Including Prosecution.
(3) If Va Determines That An Sdvosb/vosb Awarded A Contract Pursuant To 38 U.s.c. 8127 Did Not Act In Good Faith, Such Sdvosb/vosb Shall Be Subject To Any Or All Of The Following:
(i) Referral To The Va Suspension And Debarment Committee;
(ii) A Fine Under Section 16(g)(1) Of The Small Business Act (15 U.s.c. 645(g)(1)); And
(iii) Prosecution For Violating Section 1001 Of Title 18.
(b) The Offeror Represents And Understands That By Submission Of Its Offer And Award Of A Contract It May Be Required To Provide Copies Of Documents Or Records To Va That Va May Review To Determine Whether The Offeror Complied With The Limitations On Subcontracting Requirement Specified In The Contract. The Contracting Officer May, At Their Discretion, Require The Contractor To Demonstrate Its Compliance With The Limitations On Subcontracting At Any Time During Performance And Upon Completion Of A Contract If The Information Regarding Such Compliance Is Not Already Available To The Contracting Officer. Evidence Of Compliance Includes, But Is Not Limited To, Invoices, Copies Of Subcontracts, Or A List Of The Value Of Tasks Performed.
(c) The Offeror Further Agrees To Cooperate Fully And Make Available Any Documents Or Records As May Be Required To Enable Va To Determine Compliance With The Limitations On Subcontracting Requirement. The Offeror Understands That Failure To Provide Documents As Requested By Va May Result In Remedial Action As The Government Deems Appropriate.
(d) Offeror Completed Certification/fill-in Required. The Formal Certification Must Be Completed, Signed, And Returned With The Offeror S Bid, Quotation, Or Quote. The Government Will Not Consider Offers For Award From Offerors That Do Not Provide The Certification, And All Such Responses Will Be Deemed Ineligible For Evaluation And Award.
certification:
i Hereby Certify That If Awarded The Contract, [insert Name Of Offeror] Will Comply With The Limitations On Subcontracting Specified In This Clause And In The Resultant Contract. I Further Certify That I Am Authorized To Execute This Certification On Behalf Of [insert Name Of Offeror].
printed Name Of Signee: _________________________________
printed Title Of Signee: ________________________________
signature: ______________________________________________
date: ___________________________________________________
company Name And Address: _______________________________
(end Of Clause)
vaar 852.232-72, Electronic Submission Of Payment Requests (nov 2018);
vaar, 852.270-1 Representatives Of Contracting Officers (jan 2008).
the Clause At Far 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-commercial Products And Commercial Services (may 2022) Applies To This Acquisition Including The Following Clauses:
far 52.204-10 Reporting Executive Compensation & First-tier Subcontract Awards (jun 2020);
far 52.209-6 Protecting The Government S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment (nov 2021);
far 52.219-28, Post Award Small Business Program Rerepresentation (sep 2021);
far 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020);
far 52.222-3, Convict Labor (august 2003);
far 52.222-21, Prohibition Of Segregated Facilities (apr 2015);
far 52.222-26, Equal Opportunity (sep 2016);
far 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020);
far 52.222-40, Notice Of Employees Rights Under The National Labor Relations Act (dec 2010);
far 52.222-50, Combating Trafficking In Persons (nov 2021);
far 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020);
far 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021);
far 52.232-33, Payment By Electronic Funds Transfer System For Award Management (oct 2018);
afar 52.222-41 Service Contract Labor Standards (aug 2018);
far 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014);
far 52.222-55 Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022);
far 52.222-62 Paid Sick Leave Under Executive Order 13706 (jan 2022)
department Of Labor Wage Determinations: Department Of Labor Wage Determination 2015-5319 Revision Number 25 Dated December 23, 2024 Applies To This Acquisition.
quotes Shall Include The Rfq Number (36c25925q0227), The Proposed Unit Price, The Proposed Extended Price (for The Base And All Option Years,) Any Prompt Payment Discount Terms, Company Name, The Company Point Of Contact, Address, Phone Number, Fax Number, E-mail Address, Tax Identification Number, Unique Entity Identifier (uei) Number, And Business Size Status.
the Full Text Of A Solicitation Provision Or Contract Clause May Be Accessed Electronically At The Address(es) Below:
â Â â â â â â â â â http://www.acquisition.gov/far/index.html
â â â â â â â â â â Http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm
all Information Has Been Posted And There Are No Other Documents Available. Offers Are To Be Submitted Electronically To The Department Of Veterans Affairs, Network Contracting Office 19 (nco 19) Rocky Mountain Acquisition Center, 6162 South Willow Drive, Suite 300, Greenwood Village, Co 80111 Attn: Shanta Harrison, Contract Specialist At Shanta.harrison@va.gov No Later Than 4:00 P.m. Mountain Time On Wednesday, February 26, 2025. Quotes Submitted By Fascimile (fax Machine) Will Not Be Accepted. Please Include The Solicitation Number In The Subject Line Of Emails Submitted.
any Questions Regarding This Solicitation Must Be Submitted In Writing To The Contracting Officer No Later Than 12:00 P.m. Mt, Wednesday, February 19, 2025. All Responses To Questions Received Will Be Posted To The Contracting Opportunities Website Via An Amendment.
Closing Date26 Feb 2025
Tender AmountRefer Documents
VETERANS AFFAIRS, DEPARTMENT OF USA Tender
Furnitures and Fixtures
United States
Details: (i) This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Federal Acquisition Regulation (far) Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Offers Are Being Requested And A Written Solicitation Will Not Be Issued.
(ii) The Solicitation Number 36c26225q0424 Is Issued As A Request For Quotation (rfq).
(iii) The Provisions And Clauses In This Document Are In Effect Through The Federal Acquisition Circular.
(iv) This Solicitation Is Set Aside For All Service-disabled Veteran-owned Small Businesses (sdvosb) Using Naics
Code 339112 Having A Size Standard Of 1000 Employees. This Solicitation Is For A Brand Name Or Equal.
formatting:
all Solicitations Shall Include The Following Statement:
691 - 36c26225q0424 Evac Chair
quotes Shall Provide The Following Information.
quotes Received Without This Information Will Be Marked As Non-responsive.
your Quote Should Include The Standard Delivery Cost For Shipment Of The All The Items And Any Installation As All Inclusive (if Required).
quotes Shall Be Submitted On Company Letterhead As A Single Document.
no Other Documents Or Information Shall Be Attached To The Quote.
company
name:
address:
phone Number:
point Of Contact:
name:
email:
phone Number:
sam Unique Entity Id
if Applicable, Provide Your Company Fss Contract Number
company Business Size (large, Sdvosb, Small, Etc.)
firm Delivery Date/time Frame.
separate Documents (required)
provide An Authorized Distributor/reseller Letter For The Items
submit Your Capabilities Statement
(v) Product Information:
brand Name Information:
brand Name Information:
manufacturer & Part Number: 1. Stryker 6257 Expedition High Evacuation Chair.
type: Evacuation Chair 2. Trade-in Evacusafe Chair
possible Capabilities: Evacuation Chair
equal To Product Information:
main Component: Evacuation Chair
possible Capabilities: Evacuation Chair
brand Name Items Are Listed Solely For A Comparison For The Brand Name Or Equal Purchase Request.
625705550002 1 6257 Xpedition High (discounted Price 6 Ea
with Trade In)
tr-evsf-sec 2 Trade-in Evacusafe Chair (evacusafe) 6 Ea
towards Purchase Of Stryker Evac Chair
total Cost_______________
(vi) The Us Government, Veterans Affairs (va) Seeks To Make A Procurement For 6 Ea Evac Chairs Including Delivery.
offeror Quotations Must Demonstrate Meeting The Salient Physical, Functional, Or Performance Characteristics Specified In This Solicitation, Otherwise It Will Be Considered Non-responsive. The Technical Specifications For This Requirement Are Listed For Brand Name Or Equal Per
far 52.211-6.
the Information Identified Provided Is Intended To Be Descriptive, Not Restrictive And To Indicate The Quality That Will Be Satisfactory. The Interested Parties Bear Full Responsibility To Ensure Their Submission Demonstrates To The Government That They Can Provide The Brand Name Or Equal To Supplies Being Requested.
statement Of Work
1. Background. The Va Long Beach Healthcare System Has A Requirement To Acquire
6 Ea Evac Chairs Including Delivery.
2. Scope. The Vendor Is To Deliver All Items As Required Per This Solicitation.
3. Place Of Delivery
department Of Veterans Affairs
va Long Beach Healthcare System
5901 E 7th Street
warehouse Building 149
long Beach, Ca 90822
4. Period Of Performance/delivery Timeframe
deliver All Items On Or Before 90 Days Aro.
salient Characteristics
chair Must Be Able To Hold 500 Pounds Going Up And Down Stairs.
chair Must Have Tracks Able To Descend Stairs And Resist Acceleration While Under
Full Capacity.
chair Must Have Handles Behind Patient And Extendable Handles At Patient S Feet
to Allow 2 Or More People To Help With Evacuation.
chair Must Have Safety Straps To Hold Patient On Chair.
chair Must Keep Patients In Safe, Comfortable Sitting Position When Rolling On A
flat Floor Or When Ascending Or Descending Stairs.
chair Seat Must Be At A Height Similar To Or Slightly Lower Than Wheelchair Height
To Allow Easy Self-transfer From A Wheelchair.
chair Must Come With A 7 Year Warranty.
chair Must Provide Clear And Easy To Read Instructions Attached To The Uni
(viii) The Provision At 52.212-1, Instructions To Offerors Commercial Items, Applies To This Solicitation.
far 52.212-1 Addendum:
all Offeror Quotes For This Solicitation Must Be Received Electronically Through Email No Later Than 02/06/2025, 4:00 Pm Pst. Any Offeror Quotes Received After The Prescribed Date/time Shall Be Considered Late, Marked As Non-responsive And Will Not Be Considered For Award. All Questions Regarding This Solicitation Must Be Received Electronically Through Email No Later Than 02/04/2025, 4:00 Pm Pst.
Offers And Questions Shall Be Sent By Email To John Harrison At John.harrison2@va.gov
(ix) The Provision At Far 52.212-2, Evaluation -- Commercial Items (oct 2014), Applies To This Solicitation.
far 52.212-2 Addendum / Replacement:
(a) The Government Will Award A Contract Resulting From This Solicitation To The Responsive And Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers:
technical Acceptability Shall Be Established By Review Of Each Submitted Quote,
attachments, And/or Information By The Designated Technical Evaluator/s And Verification That Any Brand Name Or Equal To Items" At A Minimum Meet The Salient Characteristics Outlined In Section Salient Characteristics Of This Solicitation. No Other Rating Or Quantitative Value Other Than Acceptable Or Unacceptable Will Be Assigned.
award Will Be Made To The Offer That Meets All Minimum Requirements And Provides The Lowest Price.
acceptability Of Equipment/services Shall Be Established By Review Of Each Submitted Quotation By The Designated Evaluator(s) And Verification That Any Equal-to Items Meet The Statement Of Work/salient Characteristics Included In This Solicitation. Submissions To This Solicitation Must Show Clear, Compelling, And Convincing Evidence That Equal-to Items Meet Statement Of Work/ Salient Characteristics. Offers That Include Any Items That Are Not Determined As Brand Name Or Equal Shall Result In An Unacceptable Offer. See 52.211-6 Brand Name Or Equal For Additional Information.
far 52.211-6 Brand Name Or Equalâ (aug 1999)
(a)â if An Item In Thisâ solicitationâ is Identified As "brand Name Or Equal," The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That "equal"â productsâ mustâ meet Are Specified In Theâ solicitation.
(b)â to Be Considered For Award,â offersâ of "equal"â products, Including "equal"â productsâ of The Brand Name Manufacturer,â must-
(1)â meet The Salient Physical, Functional, Or Performance Characteristic Specified In Thisâ solicitation;
(2)â clearly Identify The Item By-
(i)â brand Name, If Any; And
(ii)â make Or Model Number;
(3)â includeâ descriptive Literatureâ such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To Theâ contracting Officer; And
(4)â clearly Describe Any Modifications Theâ offerorâ plans To Make In A Product To Make It Conform To Theâ solicitationâ requirements. Mark Any Descriptive Material To Clearly Show The Modifications.
(c)â theâ contracting Officerâ will Evaluate "equal"â productsâ on The Basis Of Information Furnished By Theâ offerorâ or Identified In Theâ offerâ and Reasonably Available To Theâ contracting Officer. Theâ contracting Officerâ is Not Responsible For Locating Or Obtaining Any Information Not Identified In Theâ offer.
(d)â unless Theâ offerorâ clearly Indicates In Itsâ offerâ that The Product Being Offered Is An "equal" Product, Theâ offerorâ shallâ provide The Brand Name Product Referenced In Theâ solicitation.
(end Of Provision)
(b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s).
(c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified With A Minimum Of At Least Sixty Days, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer S Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award.
(end Of Provision)
(x) Must Include A Completed Copy Of The Provision At 52.212-3 -- Offeror Representations And Certifications -- Commercial Items, With This Solicitation Or Ensure Sam.gov Is Updated With Current Information.
(xi) The Clause At 52.212-4, Contract Terms And Conditions -- Commercial Items, Applies To This Acquisition.
authorized Distributor Letter (adl)
any Suppliers, Distributors And/or Resellers Who Participate In This Solicitation, Must Be Authorized To Provide The Supplies By The Original Equipment Manufacturer (oem). An Authorized Distributor Letter (adl) From The Manufacturer Shall Be Included With Your Response To Be Considered For Award.
if The Potential Authorized Supplier Is Not The Oem, The Authorized Supplier Must Provide An Authorized Distributor Letter From The Oem Signed Within The Last 90 Days. The Letter Must Either State Specific Product(s) Quoted Or That The Quoter Is An Authorized Distributor For All Of The Manufacturer S Products. This Letter Must Be On The Manufacturer S Letterhead And Contain The Signature Of An Authorized Official For The Manufacturer.
52.212-4 Contract Terms And Conditions Commercial Items (oct 2018)
(a) Inspection/acceptance. The Contractor Shall Only Tender For Acceptance Those Items That Conform To The Requirements Of This Contract. The Government Reserves The Right To Inspect Or Test Any Supplies Or Services That Have Been Tendered For Acceptance. The Government May Require Repair Or Replacement Of Nonconforming Supplies Or Reperformance Of Nonconforming Services At No Increase In Contract Price. If Repair/replacement Or Reperformance Will Not Correct The Defects Or Is Not Possible, The Government May Seek An Equitable Price Reduction Or Adequate Consideration For Acceptance Of Nonconforming Supplies Or Services. The Government Must Exercise Its Post-acceptance Rights
(1) Within A Reasonable Time After The Defect Was Discovered Or Should Have Been Discovered; And
(2) Before Any Substantial Change Occurs In The Condition Of The Item Unless The Change Is Due To The Defect In The Item.
(b) Assignment. The Contractor Or Its Assignee May Assign Its Rights To Receive Payment Due As A Result Of Performance Of This Contract To A Bank, Trust Company, Or Other Financing Institution, Including Any Federal Lending Agency In Accordance With The Assignment Of Claims Act (31 U.s.c. 3727). However, When A Third Party Makes Payment (e.g., Use Of The Governmentwide Commercial Purchase Card), The Contractor May Not Assign Its Rights To Receive Payment Under This Contract.
(c) Changes. Changes In The Terms And Conditions Of This Contract May Be Made Only By Written Agreement Of The Parties.
(d) Disputes. This Contract Is Subject To 41 U.s.c. Chapter 71, Contract Disputes. Failure Of The Parties To This Contract To Reach Agreement On Any Request For Equitable Adjustment, Claim, Appeal Or Action Arising Under Or Relating To This Contract Shall Be A Dispute To Be Resolved In Accordance With The Clause At Far 52.233-1, Disputes, Which Is Incorporated Herein By Reference. The Contractor Shall Proceed Diligently With Performance Of This Contract, Pending Final Resolution Of Any Dispute Arising Under The Contract.
(e) Definitions. The Clause At Far 52.202-1, Definitions, Is Incorporated Herein By Reference.
(f) Excusable Delays. The Contractor Shall Be Liable For Default Unless Nonperformance Is Caused By An Occurrence Beyond The Reasonable Control Of The Contractor And Without Its Fault Or Negligence Such As, Acts Of God Or The Public Enemy, Acts Of The Government In Either Its Sovereign Or Contractual Capacity, Fires, Floods, Epidemics, Quarantine Restrictions, Strikes, Unusually Severe Weather, And Delays Of Common Carriers. The Contractor Shall Notify The Contracting Officer In Writing As Soon As It Is Reasonably Possible After The Commencement Of Any Excusable Delay, Setting Forth The Full Particulars In Connection Therewith, Shall Remedy Such Occurrence With All Reasonable Dispatch, And Shall Promptly Give Written Notice To The Contracting Officer Of The Cessation Of Such Occurrence.
(g) Invoice.
(1) The Contractor Shall Submit An Original Invoice And Three Copies (or Electronic Invoice, If Authorized) To The Address Designated In The Contract To Receive Invoices. An Invoice Must Include
(i) Name And Address Of The Contractor;
(ii) Invoice Date And Number;
(iii) Contract Number, Line-item Number And, If Applicable, The Order Number;
(iv) Description, Quantity, Unit Of Measure, Unit Price And Extended Price Of The Items Delivered;
(v) Shipping Number And Date Of Shipment, Including The Bill Of Lading Number And Weight Of Shipment If Shipped On Government Bill Of Lading;
(vi) Terms Of Any Discount For Prompt Payment Offered;
(vii) Name And Address Of Official To Whom Payment Is To Be Sent;
(viii) Name, Title, And Phone Number Of Person To Notify In Event Of Defective Invoice; And
(ix) Taxpayer Identification Number (tin). The Contractor Shall Include Its Tin On The Invoice Only If Required Elsewhere In This Contract.
(x) Electronic Funds Transfer (eft) Banking Information.
(a) The Contractor Shall Include Eft Banking Information On The Invoice Only If Required Elsewhere In This Contract.
(b) If Eft Banking Information Is Not Required To Be On The Invoice, In Order For The Invoice To Be A Proper Invoice, The Contractor Shall Have Submitted Correct Eft Banking Information In Accordance With The Applicable Solicitation Provision, Contract Clause (e.g., 52.232-33, Payment By Electronic Funds Transfer System For Award Management, Or 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management), Or Applicable Agency Procedures.
(c) Eft Banking Information Is Not Required If The Government Waived The Requirement To Pay By Eft.
(2) Invoices Will Be Handled In Accordance With The Prompt Payment Act (31 U.s.c. 3903) And Office Of Management And Budget (omb) Prompt Payment Regulations At 5 Cfr Part 1315.
(h) Patent Indemnity. The Contractor Shall Indemnify The Government And Its Officers, Employees And Agents Against Liability, Including Costs, For Actual Or Alleged Direct Or Contributory Infringement Of, Or Inducement To Infringe, Any United States Or Foreign Patent, Trademark Or Copyright, Arising Out Of The Performance Of This Contract, Provided The Contractor Is Reasonably Notified Of Such Claims And Proceedings.
(i) Payment.
(1) Items Accepted. Payment Shall Be Made For Items Accepted By The Government That Have Been Delivered To The Delivery Destinations Set Forth In This Contract.
(2) Prompt Payment. The Government Will Make Payment In Accordance With The Prompt Payment Act (31 U.s.c. 3903) And Prompt Payment Regulations At 5 Cfr Part 1315.
(3) Electronic Funds Transfer (eft). If The Government Makes Payment By Eft, See 52.212-5(b) For The Appropriate Eft Clause.
(4) Discount. In Connection With Any Discount Offered For Early Payment, Time Shall Be Computed From The Date Of The Invoice. For The Purpose Of Computing The Discount Earned, Payment Shall Be Considered To Have Been Made On The Date Which Appears On The Payment Check Or The Specified Payment Date If An Electronic Funds Transfer Payment Is Made.
(5) Overpayments. If The Contractor Becomes Aware Of A Duplicate Contract Financing Or Invoice Payment Or That The Government Has Otherwise Overpaid On A Contract Financing Or Invoice Payment, The Contractor Shall
(i) Remit The Overpayment Amount To The Payment Office Cited In The Contract Along With A Description Of The Overpayment Including The
(a) Circumstances Of The Overpayment (e.g., Duplicate Payment, Erroneous Payment, Liquidation Errors, Date(s) Of Overpayment);
(b) Affected Contract Number And Delivery Order Number, If Applicable;
(c) Affected Line Item Or Subline Item, If Applicable; And
(d) Contractor Point Of Contact.
(ii) Provide A Copy Of The Remittance And Supporting Documentation To The Contracting Officer.
(6) Interest.
(i) All Amounts That Become Payable By The Contractor To The Government Under This Contract Shall Bear Simple Interest From The Date Due Until Paid Unless Paid Within 30 Days Of Becoming Due. The Interest Rate Shall Be The Interest Rate Established By The Secretary Of The Treasury As Provided In 41 U.s.c. 7109, Which Is Applicable To The Period In Which The Amount Becomes Due, As Provided In (i)(6)(v) Of This Clause, And Then At The Rate Applicable For Each Six-month Period As Fixed By The Secretary Until The Amount Is Paid.
(ii) The Government May Issue A Demand For Payment To The Contractor Upon Finding A Debt Is Due Under The Contract.
(iii) Final Decisions. The Contracting Officer Will Issue A Final Decision As Required By 33.211 If
(a) The Contracting Officer And The Contractor Are Unable To Reach Agreement On The Existence Or Amount Of A Debt Within 30 Days;
(b) The Contractor Fails To Liquidate A Debt Previously Demanded By The Contracting Officer Within The Timeline Specified In The Demand For Payment Unless The Amounts Were Not Repaid Because The Contractor Has Requested An Installment Payment Agreement; Or
(c) The Contractor Requests A Deferment Of Collection On A Debt Previously Demanded By The Contracting Officer (see 32.607-2).
(iv) If A Demand For Payment Was Previously Issued For The Debt, The Demand For Payment Included In The Final Decision Shall Identify The Same Due Date As The Original Demand For Payment.
(v) Amounts Shall Be Due At The Earliest Of The Following Dates:
(a) The Date Fixed Under This Contract.
(b) The Date Of The First Written Demand For Payment, Including Any Demand For Payment Resulting From A Default Termination.
(vi) The Interest Charge Shall Be Computed For The Actual Number Of Calendar Days Involved Beginning On The Due Date And Ending On
(a) The Date On Which The Designated Office Receives Payment From The Contractor;
(b) The Date Of Issuance Of A Government Check To The Contractor From Which An Amount Otherwise Payable Has Been Withheld As A Credit Against The Contract Debt; Or
(c) The Date On Which An Amount Withheld And Applied To The Contract Debt Would Otherwise Have Become Payable To The Contractor.
(vii) The Interest Charge Made Under This Clause May Be Reduced Under The Procedures Prescribed In 32.608-2 Of The Federal Acquisition Regulation In Effect On The Date Of This Contract.
(j) Risk Of Loss. Unless The Contract Specifically Provides Otherwise, Risk Of Loss Or Damage To The Supplies Provided Under This Contract Shall Remain With The Contractor Until, And Shall Pass To The Government Upon:
(1) Delivery Of The Supplies To A Carrier, If Transportation Is F.o.b. Origin; Or
(2) Delivery Of The Supplies To The Government At The Destination Specified In The Contract, If Transportation Is F.o.b. Destination.
(k) Taxes. The Contract Price Includes All Applicable Federal, State, And Local Taxes And Duties.
(l) Termination For The Government's Convenience. The Government Reserves The Right To Terminate This Contract, Or Any Part Hereof, For Its Sole Convenience. In The Event Of Such Termination, The Contractor Shall Immediately Stop All Work Hereunder And Shall Immediately Cause Any And All Of Its Suppliers And Subcontractors To Cease Work. Subject To The Terms Of This Contract, The Contractor Shall Be Paid A Percentage Of The Contract Price Reflecting The Percentage Of The Work Performed Prior To The Notice Of Termination, Plus Reasonable Charges The Contractor Can Demonstrate To The Satisfaction Of The Government Using Its Standard Record Keeping System, Have Resulted From The Termination. The Contractor Shall Not Be Required To Comply With The Cost Accounting Standards Or Contract Cost Principles For This Purpose. This Paragraph Does Not Give The Government Any Right To Audit The Contractor's Records. The Contractor Shall Not Be Paid For Any Work Performed Or Costs Incurred Which Reasonably Could Have Been Avoided.
(m) Termination For Cause. The Government May Terminate This Contract, Or Any Part Hereof, For Cause In The Event Of Any Default By The Contractor, Or If The Contractor Fails To Comply With Any Contract Terms And Conditions, Or Fails To Provide The Government, Upon Request, With Adequate Assurances Of Future Performance. In The Event Of Termination For Cause, The Government Shall Not Be Liable To The Contractor For Any Amount For Supplies Or Services Not Accepted, And The Contractor Shall Be Liable To The Government For Any And All Rights And Remedies Provided By Law. If It Is Determined That The Government Improperly Terminated This Contract For Default, Such Termination Shall Be Deemed A Termination For Convenience.
(n) Title. Unless Specified Elsewhere In This Contract, Title To Items Furnished Under This Contract Shall Pass To The Government Upon Acceptance, Regardless Of When Or Where The Government Takes Physical Possession.
(o) Warranty. The Contractor Warrants And Implies That The Items Delivered Hereunder Are Merchantable And Fit For Use For The Particular Purpose Described In This Contract.
(p) Limitation Of Liability. Except As Otherwise Provided By An Express Warranty, The Contractor Will Not Be Liable To The Government For Consequential Damages Resulting From Any Defect Or Deficiencies In Accepted Items.
(q) Other Compliances. The Contractor Shall Comply With All Applicable Federal, State And Local Laws, Executive Orders, Rules And Regulations Applicable To Its Performance Under This Contract.
(r) Compliance With Laws Unique To Government Contracts. The Contractor Agrees To Comply With 31 U.s.c. 1352 Relating To Limitations On The Use Of Appropriated Funds To Influence Certain Federal Contracts; 18 U.s.c. 431 Relating To Officials Not To Benefit; 40 U.s.c. Chapter 37, Contract Work Hours And Safety Standards; 41 U.s.c. Chapter 87, Kickbacks; 41 U.s.c. 4712 And 10 U.s.c. 2409 Relating To Whistleblower Protections; 49 U.s.c. 40118, Fly American; And 41 U.s.c. Chapter 21 Relating To Procurement Integrity.
(s) Order Of Precedence. Any Inconsistencies In This Solicitation Or Contract Shall Be Resolved By Giving Precedence In The Following Order:
(1) The Schedule Of Supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance With Laws Unique To Government Contracts, And Unauthorized Obligations Paragraphs Of This Clause;
(3) The Clause At 52.212-5.
(4) Addenda To This Solicitation Or Contract, Including Any License Agreements For Computer Software.
(5) Solicitation Provisions If This Is A Solicitation.
(6) Other Paragraphs Of This Clause.
(7) The Standard Form 1449.
(8) Other Documents, Exhibits, And Attachments
(9) The Specification.
(t) [reserved]
(u) Unauthorized Obligations.
(1) Except As Stated In Paragraph (u)(2) Of This Clause, When Any Supply Or Service Acquired Under This Contract Is Subject To Any End User License Agreement (eula), Terms Of Service (tos), Or Similar Legal Instrument Or Agreement, That Includes Any Clause Requiring The Government To Indemnify The Contractor Or Any Person Or Entity For Damages, Costs, Fees, Or Any Other Loss Or Liability That Would Create An Anti-deficiency Act Violation (31 U.s.c. 1341), The Following Shall Govern:
(i) Any Such Clause Is Unenforceable Against The Government.
(ii) Neither The Government Nor Any Government Authorized End User Shall Be Deemed To Have Agreed To Such Clause By Virtue Of It Appearing In The Eula, Tos, Or Similar Legal Instrument Or Agreement. If The Eula, Tos, Or Similar Legal Instrument Or Agreement Is Invoked Through An I Agree Click Box Or Other Comparable Mechanism (e.g., Click-wrap Or Browse-wrap Agreements), Execution Does Not Bind The Government Or Any Government Authorized End User To Such Clause.
(iii) Any Such Clause Is Deemed To Be Stricken From The Eula, Tos, Or Similar Legal Instrument Or Agreement.
(2) Paragraph (u)(1) Of This Clause Does Not Apply To Indemnification By The Government That Is Expressly Authorized By Statute And Specifically Authorized Under Applicable Agency Regulations And Procedures.
(v) Incorporation By Reference. The Contractor S Representations And Certifications, Including Those Completed Electronically Via The System For Award Management (sam), Are Incorporated By Reference Into The Contract.
(end Of Clause)
(xii) The Clause At 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, Applies To This Acquisition.
52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (jun 2020)
(a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
(1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)).
(2) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (jul 2018) (section 1634 Of Pub. L. 115 91).
(3) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (section 889(a)(1)(a) Of Pub. L. 115 232).
(4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015).
(5) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553).
(6) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 (19 U.s.c. 3805 Note)).
(b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
[] (1) 52.203 6, Restrictions On Subcontractor Sales To The Government (jun 2020), With Alternate I (oct 1995) (41 U.s.c. 4704 And 10 U.s.c. 2402).
[] (2) 52.203 13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509).
[] (3) 52.203 15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.)
[] (4) 52.204 10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109 282) (31 U.s.c. 6101 Note).
[] (5) [reserved]
[] (6) 52.204 14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111 117, Section 743 Of Div. C).
[] (7) 52.204 15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111 117, Section 743 Of Div. C).
[] (8) 52.209 6, Protecting The Government S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (jun 2020) (31 U.s.c. 6101 Note).
[] (9) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313).
[] (10) [reserved]
[] (11)(i) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (mar 2020) (15 U.s.c. 657a).
[] (ii) Alternate I (mar 2020) Of 52.219-3.
[x] (12)(i) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (mar 2020) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a).
[] (ii) Alternate I (mar 2020) Of 52.219-4.
[] (13) [reserved]
[] (14)(i) 52.219-6, Notice Of Total Small Business Set-aside (mar 2020) (15 U.s.c. 644).
[] (ii) Alternate I (mar 2020).
[] (15)(i) 52.219-7, Notice Of Partial Small Business Set-aside (mar 2020) (15 U.s.c. 644).
[] (ii) Alternate I (mar 2020) Of 52.219-7.
[] (16) 52.219-8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)).
[] (17)(i) 52.219 9, Small Business Subcontracting Plan (jun 2020) (15 U.s.c. 637(d)(4)).
[] (ii) Alternate I (nov 2016) Of 52.219-9.
[] (iii) Alternate Ii (nov 2016) Of 52.219-9.
[] (iv) Alternate Iii (jun 2020) Of 52.219 9.
[] (v) Alternate Iv (jun 2020) Of 52.219 9.
[] (18) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)).
[] (19) 52.219-14, Limitations On Subcontracting (mar 2020) (15 U.s.c. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages Subcontracting Plan (jan 1999) (15 U.s.c. 637(d)(4)(f)(i)).
[] (21) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (mar 2020) (15 U.s.c. 657f).
[] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (mar 2020) (15 U.s.c 632(a)(2)).
[] (ii) Alternate I (mar 2020) Of 52.219-28.
[] (23) 52.219-29, Notice Of Set-aside For, Or Sole Source Award To, Economically Disadvantaged Women-owned Small Business (edwosb) Concerns (mar 2020) (15 U.s.c. 637(m)).
[] (24) 52.219-30, Notice Of Set-aside For, Or Sole Source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (mar 2020) (15 U.s.c. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)).
[] (26) 52.219-33, Nonmanufacturer Rule (mar 2020) (15 U.s.c. 637(a)(17))
[] (27) 52.222-3, Convict Labor (june 2003) (e.o. 11755).
[] (28) 52.222 19, Child Labor Cooperation With Authorities And Remedies (jan 2020) (e.o. 13126).
[] (29) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
[] (30)(i) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246).
[] (ii) Alternate I (feb 1999) Of 52.222-26.
[] (31)(i) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
[] (ii) Alternate I (july 2014) Of 52.222-35.
[] (32)(i) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
[] (ii) Alternate I (july 2014) Of 52.222-36.
[] (33) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
[] (34) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496).
[x] (35)(i) 52.222-50, Combating Trafficking In Persons (jan 2019) (22 U.s.c. Chapter 78 And E.o. 13627).
[] (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (oct 2015). (e. O. 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Items As Prescribed In 22.1803.)
[] (37)(i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa-designated Items (may 2008) (42 U.s.c.6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
[] (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
[] (38) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693).
[] (40)(i) 52.223-13, Acquisition Of Epeatâ®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514).
[] (ii) Alternate I (oct 2015) Of 52.223-13.
[] (41)(i) 52.223-14, Acquisition Of Epeatâ®-registered Televisions (jun 2014) (e.o.s 13423 And 13514).
[] (ii) Alternate I (jun 2014) Of 52.223-14.
[] (42) 52.223-15, Energy Efficiency In Energy-consuming Products (dec 2007)(42 U.s.c. 8259b).
[] (43)(i) 52.223-16, Acquisition Of Epeatâ®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514).
[] (ii) Alternate I (jun 2014) Of 52.223-16.
[x] (44) 52.223 18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513).
[] (45) 52.223-20, Aerosols (jun 2016) (e.o. 13693).
[] (46) 52.223-21, Foams (jun 2016) (e.o. 13693).
[] (47) (i) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).
[] (ii) Alternate I (jan 2017) Of 52.224-3.
[] (48) 52.225-1, Buy American Supplies (may 2014) (41 U.s.c. Chapter 83).
[] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (may 2014) (41 U.s.c. Chapter 83, 19 U.s.c. 3301 Note, 19 U.s.c. 2112 Note, 19 U.s.c. 3805 Note, 19 U.s.c. 4001 Note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43.
[] (ii) Alternate I (may 2014) Of 52.225-3.
[] (iii) Alternate Ii (may 2014) Of 52.225-3.
[] (iv) Alternate Iii (may 2014) Of 52.225-3.
[] (50) 52.225 5, Trade Agreements (oct 2019) (19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note).
[x] (51) 52.225-13, Restrictions On Certain Foreign Purchases (jun 2008) (e.o.'s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury).
[] (52) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. 2302 Note).
[] (53) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150).
[] (54) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150).
[x] (55) 52.229 12, Tax On Certain Foreign Procurements (jun 2020).
[] (56) 52.232-29, Terms For Financing Of Purchases Of Commercial Items (feb 2002) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
[] (57) 52.232-30, Installment Payments For Commercial Items (jan 2017) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
[x] (58) 52.232-33, Payment By Electronic Funds Transfer System For Award Management (oct 2018) (31 U.s.c. 3332).
[] (59) 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management (jul 2013) (31 U.s.c. 3332).
[] (60) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332).
[] (61) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a).
[] (62) 52.242-5, Payments To Small Business Subcontractors (jan 2017)(15 U.s.c. 637(d)(13)).
[] (63)(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631).
[] (ii) Alternate I (apr 2003) Of 52.247-64.
[] (iii) Alternate Ii (feb 2006) Of 52.247-64.
(c) The Contractor Shall Comply With The Far Clauses In This Paragraph (c), Applicable To Commercial Services, That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
[] (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67).
[] (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (multiple Year And Option Contracts) (aug 2018) (29 U.s.c. 206 And 41 U.s.c. Chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (may 2014) (29 U.s.c 206 And 41 U.s.c. Chapter 67).
[] (5) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67).
[] (6) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67).
[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015).
[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706).
[] (9) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792).
(d) Comptroller General Examination Of Record. The Contractor Shall Comply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of The Simplified Acquisition Threshold, As Defined In Far 2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At 52.215-2, Audit And Records Negotiation.
(1) The Comptroller General Of The United States, Or An Authorized Representative Of The Comptroller General, Shall Have Access To And Right To Examine Any Of The Contractor's Directly Pertinent Records Involving Transactions Related To This Contract.
(2) The Contractor Shall Make Available At Its Offices At All Reasonable Times The Records, Materials, And Other Evidence For Examination, Audit, Or Reproduction, Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart 4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminated Shall Be Made Available For 3 Years After Any Resulting Final Termination Settlement. Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Of Claims Arising Under Or Relating To This Contract Shall Be Made Available Until Such Appeals, Litigation, Or Claims Are Finally Resolved.
(3) As Used In This Clause, Records Include Books, Documents, Accounting Procedures And Practices, And Other Data, Regardless Of Type And Regardless Of Form. This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law.
(e)(1) Notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1) In A Subcontract For Commercial Items. Unless Otherwise Indicated Below, The Extent Of The Flow Down Shall Be As Required By The Clause
(i) 52.203 13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509).
(ii) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)).
(iii) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (jul 2018) (section 1634 Of Pub. L. 115 91).
(iv) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (section 889(a)(1)(a) Of Pub. L. 115 232).
(v) 52.219 8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)), In All Subcontracts That Offer Further Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219 8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities.
(vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
(vii) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246).
(viii) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
(ix) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
(x) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
(xi) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). Flow Down Required In Accordance With Paragraph (f) Of Far Clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67).
(xiii)(a) 52.222-50, Combating Trafficking In Persons (jan 2019) (22 U.s.c. Chapter 78 And E.o. 13627).
(b) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
(xiv) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67).
(xv) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (oct 2015) (e. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706).
(xix)(a) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).
(b) Alternate I (jan 2017) Of 52.224-3.
(xx) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. 2302 Note).
(xxi) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6.
(xxii) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause 52.247-64.
(2) While Not Required, The Contractor May Include In Its Subcontracts For Commercial Items A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations.
(end Of Clause)
(xxiii) In Addition, The Following Clauses Shall Also Apply:
52.211-6 Brand Name Or Equal (aug 1999)
(a) If An Item In This Solicitation Is Identified As Brand Name Or Equal, The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That Equal Products Must Meet Are Specified In The Solicitation.
(b) To Be Considered For Award, Offers Of Equal Products, Including Equal Products Of The Brand Name Manufacturer, Must
(1) Meet The Salient Physical, Functional, Or Performance Characteristic Specified In This Solicitation;
(2) Clearly Identify The Item By
(i) Brand Name, If Any; And
(ii) Make Or Model Number;
(3) Include Descriptive Literature Such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To The Contracting Officer; And
(4) Clearly Describe Any Modification The Offeror Plans To Make In A Product To Make It Conform To The Solicitation Requirements. Mark Any Descriptive Material To Clearly Show The Modification.
(c) The Contracting Officer Will Evaluate Equal Products On The Basis Of Information Furnished By The Offeror Or Identified In The Offer And Reasonably Available To The Contracting Officer. The Contracting Officer Is Not Responsible For Locating Or Obtaining Any Information Not Identified In The Offer.
(d) Unless The Offeror Clearly Indicates In Its Offer That The Product Being Offered Is An Equal Product, The Offeror Shall Provide The Brand Name Product Referenced In The Solicitation.
(end Of Clause)
52.217-6 - Option For Increased Quantity (mar 1989)
the Government May Increase The Quantity Of Supplies Called For In The Schedule At The Unit Price Specified. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within One-hundred Eighty (180) Calendar Days Of Contract Conclusion. Delivery Of The Added Items, Not To Exceed 50% Of All Contract Line Items, Shall Continue At The Same Rate As The Like Items Called For Under The Contract, Unless The Parties Otherwise Agree.
(end Of Clause)
852.212-72 - Gray Market And Counterfeit Items (mar 2020)
(a) No Used, Refurbished, Or Remanufactured Supplies Or Equipment/parts Shall Be Provided. This Procurement Is For New Original Equipment Manufacturer (oem) Items Only. No Gray Market Items Shall Be Provided. Gray Market Items Are Oem Goods Intentionally Or Unintentionally Sold Outside An Authorized Sales Territory Or Sold By Non-authorized Dealers In An Authorized Sales Territory.
(b) No Counterfeit Supplies Or Equipment/parts Shall Be Provided. Counterfeit Items Include Unlawful Or Unauthorized Reproductions, Substitutions, Or Alterations That Have Been Mismarked, Misidentified, Or Otherwise Misrepresented To Be An Authentic, Unmodified Item From The Original Manufacturer, Or A Source With The Express Written Authority Of The Original Manufacturer Or Current Design Activity, Including An Authorized Aftermarket Manufacturer. Unlawful Or Unauthorized Substitutions Include Used Items Represented As New, Or The False Identification Of Grade, Serial Number, Lot Number, Date Code, Or Performance Characteristics.
(c) Vendor Shall Be An Oem, Authorized Dealer, Authorized Distributor Or Authorized Reseller For The Proposed Equipment/system, Verified By An Authorization Letter Or Other Documents From The Oem. All Software Licensing, Warranty And Service Associated With The Equipment/system Shall Be In Accordance With The Oem Terms And Conditions.
(end Of Clause)
52.252-2 - Clauses Incorporated By Reference (feb 1998)
this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es):
http://www.acquisition.gov/comp/far/index.html (far)
http://www.va.gov/oal/library/vaar/index.asp (vaar)
(end Of Clause)
in Addition, The Following Clauses And Provisions Shall Also Apply:
52.232-18
availability Of Funds
(apr 1984)
52.233-1
disputes
(may 2014)
52.233-3
protest After Award
(aug 1996)
852.203-70
commercial Advertising
(jan 2008)
852.232-72
electronic Submission Of Payment Requests
(nov 2012)
52.204-7
system For Award Management
(oct 2018)
52.204-16
commercial And Government Entity Code Reporting
(oct 2016)
52.209-7
information Regarding Responsibility Matters
(oct 2018)
52.233-2
service Of Protest
(sept 2006)
852.233-70
protest Content/alternative Dispute Resolution
(oct 2018)
852.252-70
solicitation Provisions Or Clauses Incorporated By Reference
(jan 2008)
852.237-70
contractor Responsibilities
apr 1984
852.215-70
service-disabled Veteran-owned And Veteran-owned Small Business Evaluation Factors
jul 2016
Closing Date7 Feb 2025
Tender AmountRefer Documents
VETERANS AFFAIRS, DEPARTMENT OF USA Tender
Healthcare and Medicine
United States
Details: (i) This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Federal Acquisition Regulation (far) Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Offers Are Being Requested And A Written Solicitation Will Not Be Issued.
(ii) The Solicitation Number 36c26225q0271 Is Issued As A Request For Quotation (rfq).
(iii) The Provisions And Clauses In This Document Are In Effect Through The Federal Acquisition Circular.
(iv) This Solicitation Is Set Aside For All Service-disabled Veteran-owned Small Businesses (sdvosb) Using Naics
Code 339112 Having A Size Standard Of 1000 Employees. This Solicitation Is For A Brand Name Or Equal.
formatting:
all Solicitations Shall Include The Following Statement:
691 - 36c26225q0271 Versa Table
quotes Shall Provide The Following Information.
quotes Received Without This Information Will Be Marked As Non-responsive.
your Quote Should Include The Standard Delivery Cost For Shipment Of The All The Items And Any Installation As All Inclusive (if Required).
quotes Shall Be Submitted On Company Letterhead As A Single Document.
no Other Documents Or Information Shall Be Attached To The Quote.
company
name:
address:
phone Number:
point Of Contact:
name:
email:
phone Number:
sam Unique Entity Id
if Applicable, Provide Your Company Fss Contract Number
company Business Size (large, Sdvosb, Small, Etc.)
firm Delivery Date/time Frame.
separate Documents (required)
provide An Authorized Distributor/reseller Letter For The Items
submit Your Capabilities Statement
(v) Product Information:
brand Name Information:
manufacturer & Part Number: Ultrascan Versa Table - 8000_uv, 8000 Ultrascan
type: Ultrasound Table
possible Capabilities: Ultrasound Table
equal To Product Information:
main Component: Versa Table
possible Capabilities: Ultrasound Table
brand Name Items Are Listed Solely For A Comparison For The Brand Name Or Equal Purchase Request.
095 1 Ultrascan Versa Table; Includes 3 Ea
Product Id - 8000_uv, 8000 Ultrascan
Versa Individual Locking Caster Base.
15604 2 Iv Pole And Brackets 3 Ea
15819 3 Removable Safety Handrails With
Hideaway Brackets 3 Ea
Total Cost: $
(vi) The Us Government, Veterans Affairs (va) Seeks To Make A Procurement For 3 Ea Versa Tables Including Delivery.
offeror Quotations Must Demonstrate Meeting The Salient Physical, Functional, Or Performance Characteristics Specified In This Solicitation, Otherwise It Will Be Considered Non-responsive. The Technical Specifications For This Requirement Are Listed For Brand Name Or Equal Per
far 52.211-6.
the Information Identified Provided Is Intended To Be Descriptive, Not Restrictive And To Indicate The Quality That Will Be Satisfactory. The Interested Parties Bear Full Responsibility To Ensure Their Submission Demonstrates To The Government That They Can Provide The Brand Name Or Equal To Supplies Being Requested.
statement Of Work
1. Background. The Va Phoenix Healthcare System Has A Requirement To Acquire
3 Ea Versa Tables Including Delivery.
2. Scope. The Vendor Is To Deliver All Items As Required Per This Solicitation.
3. Place Of Delivery
department Of Veterans Affairs
va Phoenix Healthcare System
650 East Indian School Road
receiving Warehouse
phoenix, Az 85012-1839
4. Period Of Performance/delivery Timeframe
deliver All Items On Or Before 90 Days Aro.
salient Characteristics
shall Have A Locking And Fully Adjustable Back And Ottoman Recline Position.
shall Have An Adjustable Flip-up Arm Rests On Both Sides.
shall Be Compatible With Golvo Patient Lifts.
must Have Centrally Located Wheel Lock And Steer Component.
shall Have Non-porous Vinyl Cffa-healthcare-201: Certified Fabric.
shall Have A Side Hood And/or A Pole Accessory
seat Height Must Be Between 17-19 Inches.
(viii) The Provision At 52.212-1, Instructions To Offerors Commercial Items, Applies To This Solicitation.
far 52.212-1 Addendum:
all Offeror Quotes For This Solicitation Must Be Received Electronically Through Email No Later Than 01/03/2025, 4:00 Pm Pst. Any Offeror Quotes Received After The Prescribed Date/time Shall Be Considered Late, Marked As Non-responsive And Will Not Be Considered For Award. All Questions Regarding This Solicitation Must Be Received Electronically Through Email No Later Than 12/31/2024, 4:00 Pm Pst.
Offers And Questions Shall Be Sent By Email To John Harrison At John.harrison2@va.gov
(ix) The Provision At Far 52.212-2, Evaluation -- Commercial Items (oct 2014), Applies To This Solicitation.
far 52.212-2 Addendum / Replacement:
(a) The Government Will Award A Contract Resulting From This Solicitation To The Responsive And Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers:
technical Acceptability Shall Be Established By Review Of Each Submitted Quote,
attachments, And/or Information By The Designated Technical Evaluator/s And Verification That Any Brand Name Or Equal To Items" At A Minimum Meet The Salient Characteristics Outlined In Section Salient Characteristics Of This Solicitation. No Other Rating Or Quantitative Value Other Than Acceptable Or Unacceptable Will Be Assigned.
award Will Be Made To The Offer That Meets All Minimum Requirements And Provides The Lowest Price.
acceptability Of Equipment/services Shall Be Established By Review Of Each Submitted Quotation By The Designated Evaluator(s) And Verification That Any Equal-to Items Meet The Statement Of Work/salient Characteristics Included In This Solicitation. Submissions To This Solicitation Must Show Clear, Compelling, And Convincing Evidence That Equal-to Items Meet Statement Of Work/ Salient Characteristics. Offers That Include Any Items That Are Not Determined As Brand Name Or Equal Shall Result In An Unacceptable Offer. See 52.211-6 Brand Name Or Equal For Additional Information.
far 52.211-6 Brand Name Or Equalâ (aug 1999)
(a)â if An Item In Thisâ solicitationâ is Identified As "brand Name Or Equal," The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That "equal"â productsâ mustâ meet Are Specified In Theâ solicitation.
(b)â to Be Considered For Award,â offersâ of "equal"â products, Including "equal"â productsâ of The Brand Name Manufacturer,â must-
(1)â meet The Salient Physical, Functional, Or Performance Characteristic Specified In Thisâ solicitation;
(2)â clearly Identify The Item By-
(i)â brand Name, If Any; And
(ii)â make Or Model Number;
(3)â includeâ descriptive Literatureâ such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To Theâ contracting Officer; And
(4)â clearly Describe Any Modifications Theâ offerorâ plans To Make In A Product To Make It Conform To Theâ solicitationâ requirements. Mark Any Descriptive Material To Clearly Show The Modifications.
(c)â theâ contracting Officerâ will Evaluate "equal"â productsâ on The Basis Of Information Furnished By Theâ offerorâ or Identified In Theâ offerâ and Reasonably Available To Theâ contracting Officer. Theâ contracting Officerâ is Not Responsible For Locating Or Obtaining Any Information Not Identified In Theâ offer.
(d)â unless Theâ offerorâ clearly Indicates In Itsâ offerâ that The Product Being Offered Is An "equal" Product, Theâ offerorâ shallâ provide The Brand Name Product Referenced In Theâ solicitation.
(end Of Provision)
(b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s).
(c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified With A Minimum Of At Least Sixty Days, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer S Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award.
(end Of Provision)
(x) Must Include A Completed Copy Of The Provision At 52.212-3 -- Offeror Representations And Certifications -- Commercial Items, With This Solicitation Or Ensure Sam.gov Is Updated With Current Information.
(xi) The Clause At 52.212-4, Contract Terms And Conditions -- Commercial Items, Applies To This Acquisition.
authorized Distributor Letter (adl)
any Suppliers, Distributors And/or Resellers Who Participate In This Solicitation, Must Be Authorized To Provide The Supplies By The Original Equipment Manufacturer (oem). An Authorized Distributor Letter (adl) From The Manufacturer Shall Be Included With Your Response To Be Considered For Award.
if The Potential Authorized Supplier Is Not The Oem, The Authorized Supplier Must Provide An Authorized Distributor Letter From The Oem Signed Within The Last 90 Days. The Letter Must Either State Specific Product(s) Quoted Or That The Quoter Is An Authorized Distributor For All Of The Manufacturer S Products. This Letter Must Be On The Manufacturer S Letterhead And Contain The Signature Of An Authorized Official For The Manufacturer.
52.212-4 Contract Terms And Conditions Commercial Items (oct 2018)
(a) Inspection/acceptance. The Contractor Shall Only Tender For Acceptance Those Items That Conform To The Requirements Of This Contract. The Government Reserves The Right To Inspect Or Test Any Supplies Or Services That Have Been Tendered For Acceptance. The Government May Require Repair Or Replacement Of Nonconforming Supplies Or Reperformance Of Nonconforming Services At No Increase In Contract Price. If Repair/replacement Or Reperformance Will Not Correct The Defects Or Is Not Possible, The Government May Seek An Equitable Price Reduction Or Adequate Consideration For Acceptance Of Nonconforming Supplies Or Services. The Government Must Exercise Its Post-acceptance Rights
(1) Within A Reasonable Time After The Defect Was Discovered Or Should Have Been Discovered; And
(2) Before Any Substantial Change Occurs In The Condition Of The Item Unless The Change Is Due To The Defect In The Item.
(b) Assignment. The Contractor Or Its Assignee May Assign Its Rights To Receive Payment Due As A Result Of Performance Of This Contract To A Bank, Trust Company, Or Other Financing Institution, Including Any Federal Lending Agency In Accordance With The Assignment Of Claims Act (31 U.s.c. 3727). However, When A Third Party Makes Payment (e.g., Use Of The Governmentwide Commercial Purchase Card), The Contractor May Not Assign Its Rights To Receive Payment Under This Contract.
(c) Changes. Changes In The Terms And Conditions Of This Contract May Be Made Only By Written Agreement Of The Parties.
(d) Disputes. This Contract Is Subject To 41 U.s.c. Chapter 71, Contract Disputes. Failure Of The Parties To This Contract To Reach Agreement On Any Request For Equitable Adjustment, Claim, Appeal Or Action Arising Under Or Relating To This Contract Shall Be A Dispute To Be Resolved In Accordance With The Clause At Far 52.233-1, Disputes, Which Is Incorporated Herein By Reference. The Contractor Shall Proceed Diligently With Performance Of This Contract, Pending Final Resolution Of Any Dispute Arising Under The Contract.
(e) Definitions. The Clause At Far 52.202-1, Definitions, Is Incorporated Herein By Reference.
(f) Excusable Delays. The Contractor Shall Be Liable For Default Unless Nonperformance Is Caused By An Occurrence Beyond The Reasonable Control Of The Contractor And Without Its Fault Or Negligence Such As, Acts Of God Or The Public Enemy, Acts Of The Government In Either Its Sovereign Or Contractual Capacity, Fires, Floods, Epidemics, Quarantine Restrictions, Strikes, Unusually Severe Weather, And Delays Of Common Carriers. The Contractor Shall Notify The Contracting Officer In Writing As Soon As It Is Reasonably Possible After The Commencement Of Any Excusable Delay, Setting Forth The Full Particulars In Connection Therewith, Shall Remedy Such Occurrence With All Reasonable Dispatch, And Shall Promptly Give Written Notice To The Contracting Officer Of The Cessation Of Such Occurrence.
(g) Invoice.
(1) The Contractor Shall Submit An Original Invoice And Three Copies (or Electronic Invoice, If Authorized) To The Address Designated In The Contract To Receive Invoices. An Invoice Must Include
(i) Name And Address Of The Contractor;
(ii) Invoice Date And Number;
(iii) Contract Number, Line-item Number And, If Applicable, The Order Number;
(iv) Description, Quantity, Unit Of Measure, Unit Price And Extended Price Of The Items Delivered;
(v) Shipping Number And Date Of Shipment, Including The Bill Of Lading Number And Weight Of Shipment If Shipped On Government Bill Of Lading;
(vi) Terms Of Any Discount For Prompt Payment Offered;
(vii) Name And Address Of Official To Whom Payment Is To Be Sent;
(viii) Name, Title, And Phone Number Of Person To Notify In Event Of Defective Invoice; And
(ix) Taxpayer Identification Number (tin). The Contractor Shall Include Its Tin On The Invoice Only If Required Elsewhere In This Contract.
(x) Electronic Funds Transfer (eft) Banking Information.
(a) The Contractor Shall Include Eft Banking Information On The Invoice Only If Required Elsewhere In This Contract.
(b) If Eft Banking Information Is Not Required To Be On The Invoice, In Order For The Invoice To Be A Proper Invoice, The Contractor Shall Have Submitted Correct Eft Banking Information In Accordance With The Applicable Solicitation Provision, Contract Clause (e.g., 52.232-33, Payment By Electronic Funds Transfer System For Award Management, Or 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management), Or Applicable Agency Procedures.
(c) Eft Banking Information Is Not Required If The Government Waived The Requirement To Pay By Eft.
(2) Invoices Will Be Handled In Accordance With The Prompt Payment Act (31 U.s.c. 3903) And Office Of Management And Budget (omb) Prompt Payment Regulations At 5 Cfr Part 1315.
(h) Patent Indemnity. The Contractor Shall Indemnify The Government And Its Officers, Employees And Agents Against Liability, Including Costs, For Actual Or Alleged Direct Or Contributory Infringement Of, Or Inducement To Infringe, Any United States Or Foreign Patent, Trademark Or Copyright, Arising Out Of The Performance Of This Contract, Provided The Contractor Is Reasonably Notified Of Such Claims And Proceedings.
(i) Payment.
(1) Items Accepted. Payment Shall Be Made For Items Accepted By The Government That Have Been Delivered To The Delivery Destinations Set Forth In This Contract.
(2) Prompt Payment. The Government Will Make Payment In Accordance With The Prompt Payment Act (31 U.s.c. 3903) And Prompt Payment Regulations At 5 Cfr Part 1315.
(3) Electronic Funds Transfer (eft). If The Government Makes Payment By Eft, See 52.212-5(b) For The Appropriate Eft Clause.
(4) Discount. In Connection With Any Discount Offered For Early Payment, Time Shall Be Computed From The Date Of The Invoice. For The Purpose Of Computing The Discount Earned, Payment Shall Be Considered To Have Been Made On The Date Which Appears On The Payment Check Or The Specified Payment Date If An Electronic Funds Transfer Payment Is Made.
(5) Overpayments. If The Contractor Becomes Aware Of A Duplicate Contract Financing Or Invoice Payment Or That The Government Has Otherwise Overpaid On A Contract Financing Or Invoice Payment, The Contractor Shall
(i) Remit The Overpayment Amount To The Payment Office Cited In The Contract Along With A Description Of The Overpayment Including The
(a) Circumstances Of The Overpayment (e.g., Duplicate Payment, Erroneous Payment, Liquidation Errors, Date(s) Of Overpayment);
(b) Affected Contract Number And Delivery Order Number, If Applicable;
(c) Affected Line Item Or Subline Item, If Applicable; And
(d) Contractor Point Of Contact.
(ii) Provide A Copy Of The Remittance And Supporting Documentation To The Contracting Officer.
(6) Interest.
(i) All Amounts That Become Payable By The Contractor To The Government Under This Contract Shall Bear Simple Interest From The Date Due Until Paid Unless Paid Within 30 Days Of Becoming Due. The Interest Rate Shall Be The Interest Rate Established By The Secretary Of The Treasury As Provided In 41 U.s.c. 7109, Which Is Applicable To The Period In Which The Amount Becomes Due, As Provided In (i)(6)(v) Of This Clause, And Then At The Rate Applicable For Each Six-month Period As Fixed By The Secretary Until The Amount Is Paid.
(ii) The Government May Issue A Demand For Payment To The Contractor Upon Finding A Debt Is Due Under The Contract.
(iii) Final Decisions. The Contracting Officer Will Issue A Final Decision As Required By 33.211 If
(a) The Contracting Officer And The Contractor Are Unable To Reach Agreement On The Existence Or Amount Of A Debt Within 30 Days;
(b) The Contractor Fails To Liquidate A Debt Previously Demanded By The Contracting Officer Within The Timeline Specified In The Demand For Payment Unless The Amounts Were Not Repaid Because The Contractor Has Requested An Installment Payment Agreement; Or
(c) The Contractor Requests A Deferment Of Collection On A Debt Previously Demanded By The Contracting Officer (see 32.607-2).
(iv) If A Demand For Payment Was Previously Issued For The Debt, The Demand For Payment Included In The Final Decision Shall Identify The Same Due Date As The Original Demand For Payment.
(v) Amounts Shall Be Due At The Earliest Of The Following Dates:
(a) The Date Fixed Under This Contract.
(b) The Date Of The First Written Demand For Payment, Including Any Demand For Payment Resulting From A Default Termination.
(vi) The Interest Charge Shall Be Computed For The Actual Number Of Calendar Days Involved Beginning On The Due Date And Ending On
(a) The Date On Which The Designated Office Receives Payment From The Contractor;
(b) The Date Of Issuance Of A Government Check To The Contractor From Which An Amount Otherwise Payable Has Been Withheld As A Credit Against The Contract Debt; Or
(c) The Date On Which An Amount Withheld And Applied To The Contract Debt Would Otherwise Have Become Payable To The Contractor.
(vii) The Interest Charge Made Under This Clause May Be Reduced Under The Procedures Prescribed In 32.608-2 Of The Federal Acquisition Regulation In Effect On The Date Of This Contract.
(j) Risk Of Loss. Unless The Contract Specifically Provides Otherwise, Risk Of Loss Or Damage To The Supplies Provided Under This Contract Shall Remain With The Contractor Until, And Shall Pass To The Government Upon:
(1) Delivery Of The Supplies To A Carrier, If Transportation Is F.o.b. Origin; Or
(2) Delivery Of The Supplies To The Government At The Destination Specified In The Contract, If Transportation Is F.o.b. Destination.
(k) Taxes. The Contract Price Includes All Applicable Federal, State, And Local Taxes And Duties.
(l) Termination For The Government's Convenience. The Government Reserves The Right To Terminate This Contract, Or Any Part Hereof, For Its Sole Convenience. In The Event Of Such Termination, The Contractor Shall Immediately Stop All Work Hereunder And Shall Immediately Cause Any And All Of Its Suppliers And Subcontractors To Cease Work. Subject To The Terms Of This Contract, The Contractor Shall Be Paid A Percentage Of The Contract Price Reflecting The Percentage Of The Work Performed Prior To The Notice Of Termination, Plus Reasonable Charges The Contractor Can Demonstrate To The Satisfaction Of The Government Using Its Standard Record Keeping System, Have Resulted From The Termination. The Contractor Shall Not Be Required To Comply With The Cost Accounting Standards Or Contract Cost Principles For This Purpose. This Paragraph Does Not Give The Government Any Right To Audit The Contractor's Records. The Contractor Shall Not Be Paid For Any Work Performed Or Costs Incurred Which Reasonably Could Have Been Avoided.
(m) Termination For Cause. The Government May Terminate This Contract, Or Any Part Hereof, For Cause In The Event Of Any Default By The Contractor, Or If The Contractor Fails To Comply With Any Contract Terms And Conditions, Or Fails To Provide The Government, Upon Request, With Adequate Assurances Of Future Performance. In The Event Of Termination For Cause, The Government Shall Not Be Liable To The Contractor For Any Amount For Supplies Or Services Not Accepted, And The Contractor Shall Be Liable To The Government For Any And All Rights And Remedies Provided By Law. If It Is Determined That The Government Improperly Terminated This Contract For Default, Such Termination Shall Be Deemed A Termination For Convenience.
(n) Title. Unless Specified Elsewhere In This Contract, Title To Items Furnished Under This Contract Shall Pass To The Government Upon Acceptance, Regardless Of When Or Where The Government Takes Physical Possession.
(o) Warranty. The Contractor Warrants And Implies That The Items Delivered Hereunder Are Merchantable And Fit For Use For The Particular Purpose Described In This Contract.
(p) Limitation Of Liability. Except As Otherwise Provided By An Express Warranty, The Contractor Will Not Be Liable To The Government For Consequential Damages Resulting From Any Defect Or Deficiencies In Accepted Items.
(q) Other Compliances. The Contractor Shall Comply With All Applicable Federal, State And Local Laws, Executive Orders, Rules And Regulations Applicable To Its Performance Under This Contract.
(r) Compliance With Laws Unique To Government Contracts. The Contractor Agrees To Comply With 31 U.s.c. 1352 Relating To Limitations On The Use Of Appropriated Funds To Influence Certain Federal Contracts; 18 U.s.c. 431 Relating To Officials Not To Benefit; 40 U.s.c. Chapter 37, Contract Work Hours And Safety Standards; 41 U.s.c. Chapter 87, Kickbacks; 41 U.s.c. 4712 And 10 U.s.c. 2409 Relating To Whistleblower Protections; 49 U.s.c. 40118, Fly American; And 41 U.s.c. Chapter 21 Relating To Procurement Integrity.
(s) Order Of Precedence. Any Inconsistencies In This Solicitation Or Contract Shall Be Resolved By Giving Precedence In The Following Order:
(1) The Schedule Of Supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance With Laws Unique To Government Contracts, And Unauthorized Obligations Paragraphs Of This Clause;
(3) The Clause At 52.212-5.
(4) Addenda To This Solicitation Or Contract, Including Any License Agreements For Computer Software.
(5) Solicitation Provisions If This Is A Solicitation.
(6) Other Paragraphs Of This Clause.
(7) The Standard Form 1449.
(8) Other Documents, Exhibits, And Attachments
(9) The Specification.
(t) [reserved]
(u) Unauthorized Obligations.
(1) Except As Stated In Paragraph (u)(2) Of This Clause, When Any Supply Or Service Acquired Under This Contract Is Subject To Any End User License Agreement (eula), Terms Of Service (tos), Or Similar Legal Instrument Or Agreement, That Includes Any Clause Requiring The Government To Indemnify The Contractor Or Any Person Or Entity For Damages, Costs, Fees, Or Any Other Loss Or Liability That Would Create An Anti-deficiency Act Violation (31 U.s.c. 1341), The Following Shall Govern:
(i) Any Such Clause Is Unenforceable Against The Government.
(ii) Neither The Government Nor Any Government Authorized End User Shall Be Deemed To Have Agreed To Such Clause By Virtue Of It Appearing In The Eula, Tos, Or Similar Legal Instrument Or Agreement. If The Eula, Tos, Or Similar Legal Instrument Or Agreement Is Invoked Through An I Agree Click Box Or Other Comparable Mechanism (e.g., Click-wrap Or Browse-wrap Agreements), Execution Does Not Bind The Government Or Any Government Authorized End User To Such Clause.
(iii) Any Such Clause Is Deemed To Be Stricken From The Eula, Tos, Or Similar Legal Instrument Or Agreement.
(2) Paragraph (u)(1) Of This Clause Does Not Apply To Indemnification By The Government That Is Expressly Authorized By Statute And Specifically Authorized Under Applicable Agency Regulations And Procedures.
(v) Incorporation By Reference. The Contractor S Representations And Certifications, Including Those Completed Electronically Via The System For Award Management (sam), Are Incorporated By Reference Into The Contract.
(end Of Clause)
(xii) The Clause At 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, Applies To This Acquisition.
52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (jun 2020)
(a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
(1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)).
(2) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (jul 2018) (section 1634 Of Pub. L. 115 91).
(3) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (section 889(a)(1)(a) Of Pub. L. 115 232).
(4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015).
(5) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553).
(6) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 (19 U.s.c. 3805 Note)).
(b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
[] (1) 52.203 6, Restrictions On Subcontractor Sales To The Government (jun 2020), With Alternate I (oct 1995) (41 U.s.c. 4704 And 10 U.s.c. 2402).
[] (2) 52.203 13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509).
[] (3) 52.203 15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.)
[] (4) 52.204 10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109 282) (31 U.s.c. 6101 Note).
[] (5) [reserved]
[] (6) 52.204 14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111 117, Section 743 Of Div. C).
[] (7) 52.204 15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111 117, Section 743 Of Div. C).
[] (8) 52.209 6, Protecting The Government S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (jun 2020) (31 U.s.c. 6101 Note).
[] (9) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313).
[] (10) [reserved]
[] (11)(i) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (mar 2020) (15 U.s.c. 657a).
[] (ii) Alternate I (mar 2020) Of 52.219-3.
[x] (12)(i) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (mar 2020) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a).
[] (ii) Alternate I (mar 2020) Of 52.219-4.
[] (13) [reserved]
[] (14)(i) 52.219-6, Notice Of Total Small Business Set-aside (mar 2020) (15 U.s.c. 644).
[] (ii) Alternate I (mar 2020).
[] (15)(i) 52.219-7, Notice Of Partial Small Business Set-aside (mar 2020) (15 U.s.c. 644).
[] (ii) Alternate I (mar 2020) Of 52.219-7.
[] (16) 52.219-8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)).
[] (17)(i) 52.219 9, Small Business Subcontracting Plan (jun 2020) (15 U.s.c. 637(d)(4)).
[] (ii) Alternate I (nov 2016) Of 52.219-9.
[] (iii) Alternate Ii (nov 2016) Of 52.219-9.
[] (iv) Alternate Iii (jun 2020) Of 52.219 9.
[] (v) Alternate Iv (jun 2020) Of 52.219 9.
[] (18) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)).
[] (19) 52.219-14, Limitations On Subcontracting (mar 2020) (15 U.s.c. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages Subcontracting Plan (jan 1999) (15 U.s.c. 637(d)(4)(f)(i)).
[] (21) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (mar 2020) (15 U.s.c. 657f).
[] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (mar 2020) (15 U.s.c 632(a)(2)).
[] (ii) Alternate I (mar 2020) Of 52.219-28.
[] (23) 52.219-29, Notice Of Set-aside For, Or Sole Source Award To, Economically Disadvantaged Women-owned Small Business (edwosb) Concerns (mar 2020) (15 U.s.c. 637(m)).
[] (24) 52.219-30, Notice Of Set-aside For, Or Sole Source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (mar 2020) (15 U.s.c. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)).
[] (26) 52.219-33, Nonmanufacturer Rule (mar 2020) (15 U.s.c. 637(a)(17))
[] (27) 52.222-3, Convict Labor (june 2003) (e.o. 11755).
[] (28) 52.222 19, Child Labor Cooperation With Authorities And Remedies (jan 2020) (e.o. 13126).
[] (29) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
[] (30)(i) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246).
[] (ii) Alternate I (feb 1999) Of 52.222-26.
[] (31)(i) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
[] (ii) Alternate I (july 2014) Of 52.222-35.
[] (32)(i) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
[] (ii) Alternate I (july 2014) Of 52.222-36.
[] (33) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
[] (34) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496).
[x] (35)(i) 52.222-50, Combating Trafficking In Persons (jan 2019) (22 U.s.c. Chapter 78 And E.o. 13627).
[] (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (oct 2015). (e. O. 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Items As Prescribed In 22.1803.)
[] (37)(i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa-designated Items (may 2008) (42 U.s.c.6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
[] (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.)
[] (38) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693).
[] (40)(i) 52.223-13, Acquisition Of Epeatâ®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514).
[] (ii) Alternate I (oct 2015) Of 52.223-13.
[] (41)(i) 52.223-14, Acquisition Of Epeatâ®-registered Televisions (jun 2014) (e.o.s 13423 And 13514).
[] (ii) Alternate I (jun 2014) Of 52.223-14.
[] (42) 52.223-15, Energy Efficiency In Energy-consuming Products (dec 2007)(42 U.s.c. 8259b).
[] (43)(i) 52.223-16, Acquisition Of Epeatâ®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514).
[] (ii) Alternate I (jun 2014) Of 52.223-16.
[x] (44) 52.223 18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513).
[] (45) 52.223-20, Aerosols (jun 2016) (e.o. 13693).
[] (46) 52.223-21, Foams (jun 2016) (e.o. 13693).
[] (47) (i) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).
[] (ii) Alternate I (jan 2017) Of 52.224-3.
[] (48) 52.225-1, Buy American Supplies (may 2014) (41 U.s.c. Chapter 83).
[] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (may 2014) (41 U.s.c. Chapter 83, 19 U.s.c. 3301 Note, 19 U.s.c. 2112 Note, 19 U.s.c. 3805 Note, 19 U.s.c. 4001 Note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43.
[] (ii) Alternate I (may 2014) Of 52.225-3.
[] (iii) Alternate Ii (may 2014) Of 52.225-3.
[] (iv) Alternate Iii (may 2014) Of 52.225-3.
[] (50) 52.225 5, Trade Agreements (oct 2019) (19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note).
[x] (51) 52.225-13, Restrictions On Certain Foreign Purchases (jun 2008) (e.o.'s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury).
[] (52) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. 2302 Note).
[] (53) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150).
[] (54) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150).
[x] (55) 52.229 12, Tax On Certain Foreign Procurements (jun 2020).
[] (56) 52.232-29, Terms For Financing Of Purchases Of Commercial Items (feb 2002) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
[] (57) 52.232-30, Installment Payments For Commercial Items (jan 2017) (41 U.s.c. 4505, 10 U.s.c. 2307(f)).
[x] (58) 52.232-33, Payment By Electronic Funds Transfer System For Award Management (oct 2018) (31 U.s.c. 3332).
[] (59) 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management (jul 2013) (31 U.s.c. 3332).
[] (60) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332).
[] (61) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a).
[] (62) 52.242-5, Payments To Small Business Subcontractors (jan 2017)(15 U.s.c. 637(d)(13)).
[] (63)(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631).
[] (ii) Alternate I (apr 2003) Of 52.247-64.
[] (iii) Alternate Ii (feb 2006) Of 52.247-64.
(c) The Contractor Shall Comply With The Far Clauses In This Paragraph (c), Applicable To Commercial Services, That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items:
[] (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67).
[] (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (multiple Year And Option Contracts) (aug 2018) (29 U.s.c. 206 And 41 U.s.c. Chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (may 2014) (29 U.s.c 206 And 41 U.s.c. Chapter 67).
[] (5) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67).
[] (6) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67).
[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015).
[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706).
[] (9) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792).
(d) Comptroller General Examination Of Record. The Contractor Shall Comply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of The Simplified Acquisition Threshold, As Defined In Far 2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At 52.215-2, Audit And Records Negotiation.
(1) The Comptroller General Of The United States, Or An Authorized Representative Of The Comptroller General, Shall Have Access To And Right To Examine Any Of The Contractor's Directly Pertinent Records Involving Transactions Related To This Contract.
(2) The Contractor Shall Make Available At Its Offices At All Reasonable Times The Records, Materials, And Other Evidence For Examination, Audit, Or Reproduction, Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart 4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminated Shall Be Made Available For 3 Years After Any Resulting Final Termination Settlement. Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Of Claims Arising Under Or Relating To This Contract Shall Be Made Available Until Such Appeals, Litigation, Or Claims Are Finally Resolved.
(3) As Used In This Clause, Records Include Books, Documents, Accounting Procedures And Practices, And Other Data, Regardless Of Type And Regardless Of Form. This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law.
(e)(1) Notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1) In A Subcontract For Commercial Items. Unless Otherwise Indicated Below, The Extent Of The Flow Down Shall Be As Required By The Clause
(i) 52.203 13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509).
(ii) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)).
(iii) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (jul 2018) (section 1634 Of Pub. L. 115 91).
(iv) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (section 889(a)(1)(a) Of Pub. L. 115 232).
(v) 52.219 8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)), In All Subcontracts That Offer Further Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219 8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities.
(vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015).
(vii) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246).
(viii) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212).
(ix) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793).
(x) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212).
(xi) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). Flow Down Required In Accordance With Paragraph (f) Of Far Clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67).
(xiii)(a) 52.222-50, Combating Trafficking In Persons (jan 2019) (22 U.s.c. Chapter 78 And E.o. 13627).
(b) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627).
(xiv) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67).
(xv) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (oct 2015) (e. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706).
(xix)(a) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).
(b) Alternate I (jan 2017) Of 52.224-3.
(xx) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. 2302 Note).
(xxi) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6.
(xxii) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause 52.247-64.
(2) While Not Required, The Contractor May Include In Its Subcontracts For Commercial Items A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations.
(end Of Clause)
(xxiii) In Addition, The Following Clauses Shall Also Apply:
52.211-6 Brand Name Or Equal (aug 1999)
(a) If An Item In This Solicitation Is Identified As Brand Name Or Equal, The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That Equal Products Must Meet Are Specified In The Solicitation.
(b) To Be Considered For Award, Offers Of Equal Products, Including Equal Products Of The Brand Name Manufacturer, Must
(1) Meet The Salient Physical, Functional, Or Performance Characteristic Specified In This Solicitation;
(2) Clearly Identify The Item By
(i) Brand Name, If Any; And
(ii) Make Or Model Number;
(3) Include Descriptive Literature Such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To The Contracting Officer; And
(4) Clearly Describe Any Modification The Offeror Plans To Make In A Product To Make It Conform To The Solicitation Requirements. Mark Any Descriptive Material To Clearly Show The Modification.
(c) The Contracting Officer Will Evaluate Equal Products On The Basis Of Information Furnished By The Offeror Or Identified In The Offer And Reasonably Available To The Contracting Officer. The Contracting Officer Is Not Responsible For Locating Or Obtaining Any Information Not Identified In The Offer.
(d) Unless The Offeror Clearly Indicates In Its Offer That The Product Being Offered Is An Equal Product, The Offeror Shall Provide The Brand Name Product Referenced In The Solicitation.
(end Of Clause)
52.217-6 - Option For Increased Quantity (mar 1989)
the Government May Increase The Quantity Of Supplies Called For In The Schedule At The Unit Price Specified. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within One-hundred Eighty (180) Calendar Days Of Contract Conclusion. Delivery Of The Added Items, Not To Exceed 50% Of All Contract Line Items, Shall Continue At The Same Rate As The Like Items Called For Under The Contract, Unless The Parties Otherwise Agree.
(end Of Clause)
852.212-72 - Gray Market And Counterfeit Items (mar 2020)
(a) No Used, Refurbished, Or Remanufactured Supplies Or Equipment/parts Shall Be Provided. This Procurement Is For New Original Equipment Manufacturer (oem) Items Only. No Gray Market Items Shall Be Provided. Gray Market Items Are Oem Goods Intentionally Or Unintentionally Sold Outside An Authorized Sales Territory Or Sold By Non-authorized Dealers In An Authorized Sales Territory.
(b) No Counterfeit Supplies Or Equipment/parts Shall Be Provided. Counterfeit Items Include Unlawful Or Unauthorized Reproductions, Substitutions, Or Alterations That Have Been Mismarked, Misidentified, Or Otherwise Misrepresented To Be An Authentic, Unmodified Item From The Original Manufacturer, Or A Source With The Express Written Authority Of The Original Manufacturer Or Current Design Activity, Including An Authorized Aftermarket Manufacturer. Unlawful Or Unauthorized Substitutions Include Used Items Represented As New, Or The False Identification Of Grade, Serial Number, Lot Number, Date Code, Or Performance Characteristics.
(c) Vendor Shall Be An Oem, Authorized Dealer, Authorized Distributor Or Authorized Reseller For The Proposed Equipment/system, Verified By An Authorization Letter Or Other Documents From The Oem. All Software Licensing, Warranty And Service Associated With The Equipment/system Shall Be In Accordance With The Oem Terms And Conditions.
(end Of Clause)
52.252-2 - Clauses Incorporated By Reference (feb 1998)
this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es):
http://www.acquisition.gov/comp/far/index.html (far)
http://www.va.gov/oal/library/vaar/index.asp (vaar)
(end Of Clause)
in Addition, The Following Clauses And Provisions Shall Also Apply:
52.232-18
availability Of Funds
(apr 1984)
52.233-1
disputes
(may 2014)
52.233-3
protest After Award
(aug 1996)
852.203-70
commercial Advertising
(jan 2008)
852.232-72
electronic Submission Of Payment Requests
(nov 2012)
52.204-7
system For Award Management
(oct 2018)
52.204-16
commercial And Government Entity Code Reporting
(oct 2016)
52.209-7
information Regarding Responsibility Matters
(oct 2018)
52.233-2
service Of Protest
(sept 2006)
852.233-70
protest Content/alternative Dispute Resolution
(oct 2018)
852.252-70
solicitation Provisions Or Clauses Incorporated By Reference
(jan 2008)
852.237-70
contractor Responsibilities
apr 1984
852.215-70
service-disabled Veteran-owned And Veteran-owned Small Business Evaluation Factors
jul 2016
Closing Date4 Jan 2025
Tender AmountRefer Documents
Municipality Of Mapanas, Northern Samar Tender
Civil And Construction...+1Road Construction
Philippines
Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Rehabilitation Of Farm-to-market Road At Brgy. E. Laodenio Barangay E. Laodenio, Mapanas Northern Samar Contract Reference No. 2025-01-06 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The Lgsf-sbdp Of Fy 2024 Intends To Apply The Sum Of Four Million Nine Hundred Ninety Nine Thousand Seven Hundred Seventy Nine Pesos 12/100 Only (p4,999,779.12) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 102(2)b Surplus Common Excavation 420.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 267.50 Cu.m. 201(1) Aggregate Base Course 336.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. Completion Of The Works Is Required 90 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. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. 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”. 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 Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. 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 P5,000.00. 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 Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. 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’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar 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. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 15, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 102(2)b Surplus Common Excavation 420.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 267.50 Cu.m. 201(1) Aggregate Base Course 336.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. Completion Of The Works Is Required 90 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. Instructions To Bidders. 2. 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”. 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. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. 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 P5,000.00. 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 Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. 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’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar 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. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 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 For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (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 Procuring Entity, 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; And (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 Collusive Practice; And/or Threatening, Harassing 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 Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The 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 Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 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) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) 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; (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; Or (g) A Bidder Who Lends, Or Temporary 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. 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 Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) 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 Seventy Five Percent (75%) 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, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 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. (a) Unless Otherwise Provided In The Bds, 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 Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) 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 Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. 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 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 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 The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or 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. 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. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. 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. 6.8. Bidders Should Note That The Procuring Entity Will Only 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 And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works 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 Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria 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 Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works 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. (a) 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. (b) 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, As Specified In The Bds. 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 As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 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 Clarification(s) On Any Part Of The Bidding Documents Or 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. Unless, Otherwise Provided In The Bds, 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) 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 Ten (10) Years From The Submission Of Bids, 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) 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 5.5; 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 As Prescribed In 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 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. 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 In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. 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. 14.2. 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. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. 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. 15.2. 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. 15.3. 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. 15.4. 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 Specified In Gcc Clause 48. 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. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided 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 Prevailing 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 Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 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 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; 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. 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 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 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 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 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) 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; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) 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; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) 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; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) 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. (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. 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 Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 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 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. 19.4. 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. 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. 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 Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; 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. Unless Otherwise Specified In The Bds, 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 13.1(b), 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 (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated 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 Documents Required 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)(vi) 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 For Reconsideration With The Bac: Provided, However, That The Request 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 Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. 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 N 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. Detailed Evaluation And Comparison Of Bids 27.1. 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. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (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 Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. 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 Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. 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, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. 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. 28. Post Qualification 28.1. 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. 28.2. 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 Lcb 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. 28.3. 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. 28.4. 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, Subject To Itb Clause 30.3. 28.5. 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 And Responsive Bid Is Determined For Contract Award. 28.6. 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 Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. 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. 29.2. 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 Government 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. 29.3. 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. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. 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 Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. 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. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. 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. 31.4. 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. 32. Performance Security 32.1. 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. 32.2. 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 As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. 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. Ten Percent (10%) (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 33.2. 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 Lowest Calculated And Responsive Bid 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 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. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2025-01-06___ 2 The Funding Source Is: Lgsf-sbdp For Fy 2024. The Name Of The Project Is: Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php4,999,779.12 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 90 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 99,995.58 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P249,989.00 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. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 15, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) 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. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List 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 Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance 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. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date 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. Governing Language And Law 3.1. 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 Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With 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. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, 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. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. 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 Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, 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. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 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. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor 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. 8.3. 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. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. 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. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, 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. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. 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. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. 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 This Contract For The Convenience Of The Procuring Entity 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. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor 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 Contractor, 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 Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) 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, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The 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 Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The 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 Procuring Entity 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 Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor 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 Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor 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 The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above 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 Contractor’s Receipt Of The Notice; (e) 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 Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) 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. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. 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. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works 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. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. 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. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. 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. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request 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. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 120 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.5 B.7(2) Occupational Safety And Health Program 1.00 Is B.7(2) B.9 Mobilization/demobilization 1.00 Is B.9 Part C Earthworks Part C 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 101(3)a.2 102(2)b Surplus Common Excavation 420.00 Cu.m. 102(2)b 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. 105(1) Part D Subbase And Base Course Part D 200(1) Aggregate Subbase Course 267.50 Cu.m. 200(1) 201(1) Aggregate Base Course 336.00 Cu.m. 201(1) Part E Surface Courses Part E 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. 311(1)a.2 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar Location : Brgy. E. Laodenio, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 F.1 Name And Specification Materials A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Assorted Common Wire Nail 0.50 Kg B.7(2) Occupational Safety And Health Program 1.00 L.s A. Safety Practitioner (part Time) 23.00 1 B. B. Health Personnel (full Time) 90.00 1 B.1 Name And Capacity C. Equipment D. A. Safety Shoes 79.00 Man-day E. B. Safety Helmet 79.00 Man-day F. C. Safety/working Gloves 79.00 Man-day G. D. Safety Vest 79.00 Man-day H. E. Rubber Boots 79.00 Man-day F. Rain Coats (30% Of The Duration) Optional 24.00 Man-day B.9 Mobiilization/demobilization 1.00 L.s Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 16.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/dd 16.00 1 D. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section 1,409.00 Sq.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Equipment A. Backhoe W/ Breaker (0.80 Cu.m) 1.00 1 B. Payloader (1.50), Lx80 Cu.m. 1.00 1 C. Dump Truck (12 Cu. Yd.) 0.50 1 D. Concrete Saw (7.5 Hp), 14”blade Dia 0.50 1 Minor Tools (10% Of Labor Cost) F.1 Name And Specification A. Concrete Saw (diamond Blade 14” Dia) 0.00015 Pc 102(2)b Surplus Common Excavation 420.00 Cu.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.5 Cu.m.) 1.00 1 C. Payloader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.00 3 E. Back Hoe (0.80 Cu.m) 1.00 1 105(1) Subgrade Preparation (common Material) 1,680.00 Sq.m. Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 200(1) Aggregate Subbase Course Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 Name And Specification Materials A. Aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 201 (1) Aggregate Base Course 336.00 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 F.1 Name And Specification Materials A. Aggregate Base Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 311(1)a.2 Pcc Pavement (palin)-conventional Method, 200mm Thk. 1,400.00 Sq.m. A.1 Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. Unskilled Laborer 1.00 12 B.1 Name And Capacity Equipment A. Transit Mixer (5-6 Cu.yd) 1.00 4 B. Concrete Vibrator 1.00 2 C. Concrete Batch (30 Cu.m.) 1.00 1 D. Payloader (1.50 Cu.m)lx80-2c 1.00 1 E. Concrete Screeder (5.5 Hp) 1.00 1 F. Water Truck/pump (16000l) 1.00 1 G. Concrete Saw, Blade 0/ 14” (7.5 Hp) 1.00 1 H. Bar Cutter, Single Phase 0.10 1 I. Joint Sealer Machine 0.25 1 F.1 Name And Specification Materials A. Reinforcing Steel Bar, Grade 40 0.39 Kg. B. Curing Compound 0.29 Lit C. Asphalt Sealant 0.12 Lit. D. Steel Forms (rental) 0.46 I.m. E. Sand 0.1100 Cu.m F. Gravel 0.20 Cu.m G. Portland Cement Type 1 1.90 Bag H. Concrete Saw (diamond Blade 14”) 0.00015 Pc I. Pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each 10,959.69 10,959.69 B.7(2) Occupational Safety And Health Program 1.00 Is 75,925.63 75,925.63 B.9 Mobilization/demobilization 1.00 Is 38,991.04 38,991.04 Part C Earthworks 101(3)a.2 Removal Of Existing Pcc Pavement, 0.2m Thk, Pccp (for Reblocking At Intermittent Section) 1409.00 Sq.m. 238.30 335,764.70 102(2)b Surplus Common Excavation 420.00 Cu.m. 204.24 85,780.80 105(1) Subgrade Preparation (common Material) 1680.00 Sq.m. 21.14 35,515.20 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 267.50 Cu.m. 1,632.38 436,661.66 201(1) Aggregate Base Course 336.00 Cu.m. 2,843.65 955,466.40 Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1400.00 Sq.m. 2,160.51 3,024,714.00 Total 4,999,779.12 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Rehabilitation Of Farm-to-market Road, Brgy. E. Laodenio, Mapanas, Northern Samar (a) 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: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 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; (c) 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; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) 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; (f) 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; (g) 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 (h) 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 [name 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 _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] 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] * This Form Will Not Apply For Wb Funded Projects.
Closing Date21 Jan 2025
Tender AmountPHP 4.9 Million (USD 85.3 K)
Municipality Of Carmen , Surigao Del Sur Tender
Civil And Construction...+1Civil Works Others
Philippines
Details: Description Philippine Bidding Documents Completion Of Concrete Perimeter Fence At Evacuation Center Barangay Poblacion Municipality Of Carmen Province Of Surigao Del Sur Table Of Contents Part I Section I. Invitation To Bid 3 Section Ii. Eligibility Documents 5 Section Iii. Eligibility Data Sheet 15 Part Ii Section I. Instructions To Bidders 17 Section Ii. Bid Data Sheet 37 Section Iii. General Conditions Of Contract 40 Section Iv. Special Conditions Of Contract 72 Section V. Specifications 75 Section Vi. Drawings 76 Section Vii. Bill Of Quantities 77 Section Viii. Forms And Qualification Information 79 Part I. Section I. Invitation To Apply For Eligibility And To Bid Republic Of The Philippines Province Of Surigao Del Sur Municipality Of Carmen Invitation For Bids Completion Of Concrete Perimeter Fence At Evacuation Center Poblacion, Carmen, Surigao Del Sur 1. The Municipal Government Of Carmen, Surigao Del Sur Allocated Funds Under 20% Ldf 2025 Intends To Apply The Sum Of P 4,000,000.00 Being The Approved Budget For Contract (abc) To Payment Under The Contract For The Completion Of Concrete Perimeter Fence At Evacuation Center At Brgy. Poblacion, Carmen, Surigao Del Sur. Bids Received In Excess Of The Abc Shall Be Automatically Rejected During The Bid Opening. 2. The Municipal Government Of Carmen, Surigao Del Sur Now Invites Sealed Bids From Eligible Bidders For The Completion Of Concrete Perimeter Fence At Evacuation Center. Completion Of The Works Required By 105 Calendar Days. 3. Eligibility Screening And Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Revised Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “ Government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Of Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information And Inspect The Bidding Documents At The Address Given Below From 8:00 A.m. To 5:00 P.m., Mondays Thru Fridays, Except Holidays. 5. A Complete Set Of Bidding Documents In English May Be Purchased By Eligible Bidders On January 30, 2025 To February 18, 2025 From The Address Below And Upon Payment Of A Non-refundable Fee Of Five Thousand Pesos (p 5,000.00). The Bidding Documents Shall Be Received Personally By The Eligible Bidder Or His Authorized Representative During Office Hours. 6. The Municipal Government Of Carmen, Surigao Del Sur Will Hold A Pre-bid Conference Open To All Eligible Bidders On February 6, 2025 At 10:00 A.m. At The Bac Office, Municipal Building, Carmen, Surigao Del Sur. 7. Bids Together With The Eligibility Documents Must Be Delivered To The Address Below On Or Before February 19, 2025 At 10:00 A.m. And In 3 Copies Each And In Two Separate Envelopes. And Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Prescribed Amount. Late Bids Shall Not Be Accepted. 8. Bid Opening Shall Be On February 19, 2025 At 10:00 A.m. At The Bac Office, Municipal Building, Carmen, Surigao Del Sur. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 9. To Be Considered Eligible And Qualified, A Bidder Must Have Successful Experience As Prime Contractor In The Construction Of At Least One (1) Work Of A Nature And Complexity Equivalent To The Works In The Last Five (5) Years ( To Comply With This Requirement, Single Works Cited Should Be At Least Eighty Percent (80%) Of Value Of Estimated Contract Cost Of Works Under Bid), Such Being Verifiable From Completion Certificates; Have An Annual Turnover From All Works Average Over The Last Three (3) Years Equal To One Hundred Percent (100%) Of The Estimated Value Of The Contract To Be Bid. 10. The Municipal Government Of Carmen, Surigao Del Sur 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. Office Of The Bids & Awards Committee For. Alain P. Cabanilla Carmen Municipal Hall Poblacion, Carmen, Surigao Del Sur Cellphone Number: 09304926186 Bac Chairperson (sgd) For. Alain P. Cabanilla Chairman, Bids And Awards Committee Carmen, Surigao Del Sur Part I. Section Ii. Eligibility Documents 1. Eligibility Criteria 1.1 A Bidder, And All Parties Constituting The Bidder, Shall Be Considered Eligible If It Has Satisfied The Requirement Provided In The Eligibility Data Sheet (eds) As Defined By The Funding Source Indicated In The Invitation To Apply For Eligibility And To Bid (iaeb). 1.2 A Bidder Shall Be Deemed To Have The Nationality Of A Country If The Bidder Is A Citizen Or Is Constituted, Or Incorporated, And Operates In Conformity With The Provisions Of The Laws Of That Country. This Criterion Shall Also Apply To The Determination Of The Nationality Of Proposed Subcontractors Or Suppliers For Any Part Of The Contract, Including All Related Services. 1.3 Bids Submitted By A Joint Venture (jv) Of Two Or More Entities As Partners, Shall Comply With The Following Requirements: (a) The Bid, And In Case Of A Successful Bid, The Contract Agreement, Shall Be Signed So As To Be Legally Binding On All Partners; (b) One Of The Parties To The Jv Shall Be Authorized To Be The Lead Partner; And This Authorization Shall Be Evidenced By Submitting A Special Power Of Attorney Signed By Legally Authorized Signatories Of All The Partners; (c) The Lead Partner Shall Be Authorized To Incur Liabilities, Receive Payments And Receive Instructions For And On Behalf Of All Partners To The Jv; (d) All Partners Of The Jv Shall Be Jointly And Severally Liable For The Execution Of The Contract In Accordance With The Contract Terms, And A Relevant Statement To This Effect Shall Be Included In The Authorization Mentioned In Item (b) Above As Well As In The Bid Form And The Contract Agreement (in Case Of A Successful Bid); And (e) A Copy Of The Notarized Joint Venture Agreement (jva) To Be Entered Into By The Jv Partners Shall Be Submitted With The Bid. 1.4 Subject To The Provisions In The Eds, A Bidder (including All Members Of A Jv And Subcontractors) Shall Not Be Presently Associated, Or Shall Not Have Been Associated In The Past, Directly Or Indirectly, With The Consultant Or Any Other Entity That Has Prepared The Design, Specifications, And Other Documents For The Project; Neither To Those Being Proposed As The Representative Of The Procuring Entity For The Contract. 1.5 A Bidder Shall Not Have A Conflict Of Interest. All Bidders Found To Have A Conflict Of Interest Shall Be Disqualified. 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 (g) Below: (a) Have Common Controlling Shareholders; (b) Receive Or Have Received Any Direct Or Indirect Subsidy From Any Of The Bidders; (c) Have The Same Legal Representative For Purposes Of This Bid; (d) Have A Relationship With Each Other, Directly Or Through Common 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; (e) Submit More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors (if Indicated In The Eds) In More Than One Bid, Or As Bidders And Subcontractors Simultaneously; (f) 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; Or (g) 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. 1.6 Bidders Shall Not Be Under A Declaration Of Ineligibility For Corrupt, Fraudulent, Or Coercive Practices. For Purposes Of This Clause, Corrupt, Fraudulent, And Coercive Practices Are Defined As Follows: (a) "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 Procuring Entity, 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; (b) "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; (c) “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; And (d) “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. 1.7 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 By Consanguinity Or Affinity Up To The Third Civil Degree Or Any Of The Procuring Entity’s Officers Or Employees Having Direct Access To Information That May Substantially Affect The Result Of The Bidding, Such As, But Not Limited To, The Members Of The Bids And Awards Committee (bac), The Members Of The Technical Working Group (twg), The Bac Secretariat, The Members Of The Project Management Office (pmo), And The Designers Of The Project. 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 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 The Provisions Of This Clause Will Result In The Rejection Of A Bidder’s Bid. 1.8 Unless Otherwise Indicated In The Eds, Government-owned And/or –controlled Corporations Shall Be Eligible Only If, In Addition To Conformance With All Of The Above Requirements, They Are Also: (a) Commercially-oriented Legal Entities Distinct From The Procuring Entity, And Not A National Government Department; (b) Financially Autonomous, As Demonstrated By Requirements In Their Statutes Or By-laws To Provide Separate Audited Accounts And Return On Capital, Powers To Raise Loans And Obtain Revenues Through The Sale Of Goods Or Services; (c) Managerially Autonomous; And (d) Possess Additional Eligibility Requirements Indicated In The Eds. 2. Eligibility Requirements 2.1 Unless Otherwise Indicated In The Eds, The Eligibility Requirements Listed In The Following Clause Shall Be Submitted To The Bac In Advance Of The Pre-bid Conference In A Sealed Eligibility Envelope Duly Marked As Such. These Eligibility Envelopes Of Prospective Bidders Shall Be Submitted On Or Before The Date Of The Eligibility Check Specified In The Invitation To Apply For Eligibility And To Bid For Purposes Of Determining Eligibility Of Prospective Bidders. 2.2 Prospective Bidders Shall Submit The Following Eligibility Requirements, Unless Otherwise Stated In The Eds: (a) Class "a" Documents – Legal Documents (a.1) Department Of Trade And Industry (dti) Business Name Registration Or Securities And Exchange Commission (sec) Registration Certificate, Whichever May Be Appropriate Under Existing Laws Of The Philippines; (a.2) Valid And Current Mayor’s Permit/municipal License; (a.3) Taxpayer’s Identification Number; (a.4) Statement Of The Prospective Bidder That It Is Not “blacklisted” Or Barred From Bidding By The Government Or Any Of Its Agencies, Offices, Corporations Or Lgus, Including Non-inclusion In The Consolidated Blacklisting Report Issued By The Gop; Technical Documents (a.5) Statement Of The Prospective Bidder Of All Its Ongoing And Completed Government And Private Contracts Within The Relevant Period Pursuant To Clause 2.6, Where Applicable, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall State For Each Contract Whether It Is Ongoing, Completed Or Awarded But Not Yet Started; And Identify Whether Such Contracts Are Similar Or Not Similar In Nature And Complexity To The Project. The Statement Shall Include, For Each Contract, The Following: (i) The Name Of The Contract; (ii) Date Of Award Of The Contract; (iii) Contract Duration; (iv) Owner’s Name And Address; (v) Nature Of Work; (vi) Contractor’s Role (whether Sole Contractor, Sub-contractor, Or Partner In A Jv); (vii) Total Contract Value At Award; (viii) Date Of Completion Or Estimated Completion Time; (ix) Total Contract Value At Completion, If Applicable; (x) Percentages Of Planned And Actual Accomplishments, If Applicable; (xi) Value Of Outstanding Works, If Applicable; (xii) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (xiii) 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. (a.6) A Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract To Be Bid; (a.7) Other Appropriate Licenses Stated In The Eds; (a.8) The Bidder’s Statement Of: Availability Of The Prospective Bidder’s Key Personnel, Such As Project Engineers, Materials Engineers And Foremen, That May Be Used For Construction Contracts; (a.9) The Bidder’s Statement Of: Availability Of Equipment That He Owns, Has Under Lease, And/or Has Under Purchase Agreements, That May Be Used For Construction Contracts, Provided That Ownership Of Equipment Is Not A Requisite For Eligibility; Financial Documents (a.10) The Prospective Bidder’s Audited Financial Statements, Stamped “received” By The Bureau Of Internal Revenue (bir) Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing, Among Others, The Prospective Bidder’s Total And Current Assets And Liabilities; (a.11) Prospective Bidder’s Computation Of Its Net Financial Contracting Capacity (nfcc) As Described In The Eds, Or At The Bidder’s Option A Commitment From A Licensed Bank To Extend A Credit Line, In The Event Of An Award In The Bidder’s Favor, Or At The Bidder’s Option A Cash Deposit Certificate, Of Not Less Than The Amount Shown In The Eds; (b) Class "b" Documents – (b.1) A Valid Jva; (b.2) A Letter Authorizing The Bac Or Its Duly Authorized Representative/s To Verify All Of The Documents Submitted; And (b.3) Any Other Document Described In The Eds. 2.3 A Bidder Portions Of The Works, Subject To The Maximum Allowable Limit For Subcontracting Of Works As Specified In Eds Clause 1.5(e). Subcontracting Of Any Portion Of The Works Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From Its Performance. The Bidder Shall Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Bidder’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 2.4 Subcontractors Must Comply With The Provisions Of Clause 1 Herein. For This Purpose, The Bidder Shall Include In Technical Proposal Of Its Bid All The Documents Required Under Clause 2.2 Herein. If The Procuring Entity Determines During Post-qualification That A Subcontractor Is Ineligible, The Subcontracting Of Such Portion Of The Works Assigned To The Ineligible Subcontractor Shall Be Disallowed. 2.5 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 Clauses 2.2(a.1) To 2.2(a.11). 2.6 In Case Of A Prospective Foreign Bidder, If Allowed, The Eligibility Requirements Described In Clause 2.1 Herein May Be Substituted With The Appropriate Equivalent Documents Issued By The Prospective Bidder’s Home Country; Such Documents Must Be Duly Acknowledged Or Authenticated By The Appropriate Philippine Consulate Therein. 2.7 To Be Considered Eligible And Qualified For Contract Award, A Bidder Must Meet The Minimum Qualifying Criteria Stated In The Eds. The Use Of Specialist Subcontractors Shall Also Be Stated In The Eds. 2.8 The Bidder’s Authorized Signatory Must Certify All Copy Documents As True And Correct Copies Of The Original Document(s). Bidders Must Follow The Format And Sequence Set Out Above. Should A Bidder Fail To Do So The Procuring Entity Will Accept No Liability For The Rejection Of A Bidder’s Bid In Accordance With The Corresponding Clause In The Instructions To Bidders. 2.9 Eligible Bidders Shall Be Notified Of Such Eligibility Through A Notice Of Eligibility Issued By The Bac Of The Procuring Entity Immediately After The Opening Of Eligibility Documents Pursuant To Section 23.3 Of The Irr-a Of R.a. 9184. Only Bids From Eligible Bidders Shall Be Opened And Considered For Award Of Contract. These Eligible Bidders, Whether Single Entities Or Jvs, Should Confirm In Their Bids That The Originally-submitted Information Remains Correct As Of The Date Of Bid Submission. 3. Format And Signing Of Eligibility Documents 3.1 Prospective Bidders Shall Prepare An Original Of The Eligibility Documents As Described In Clause 2, And Clearly Mark Each “original – Eligibility Documents”. In Addition, Each Prospective Bidder Shall Submit Copies Of The Eligibility Documents, And Clearly Mark Them “copy No. ___ - Eligibility Documents”. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 3.2 The Original And The Number Of Copies Of The Bid As Indicated In The Eds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Prospective Bidder Or A Person Or Persons Duly Authorized To Bind The Prospective Bidder To The Contract. All Pages Of The Eligibility Documents Shall Be Initialed By The Person Or Persons Signing The Eligibility Documents. 3.3 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Person Signing The Eligibility Documents. 4. Sealing And Marking Of Eligibility Documents 4.1 Prospective Bidders Shall Enclose The Original Documents Described In Clause 2 Sealed In An Envelope Marked “original - Eligibility Documents”. Each Copy Of The Eligibility Documents Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Eligibility Documents”. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 4.2 All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Prospective Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac; (d) Bear The Specific Identification Of This Project Indicated In The Iaeb; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Eligibility Documents Indicated In The Iaeb, In Accordance With Clause 5. 4.3 The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Eligibility Documents Not Sealed And Marked As Required. 5. Deadline For Submission Of Eligibility Documents 5.1 Eligibility Documents Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Iaeb And The Eds. 6. Late Submission Of Eligibility Documents 6.1 Any Eligibility Documents Submitted After The Deadline For Submission And Receipt Of Eligibility Documents Prescribed By The Procuring Entity, Pursuant To Clause 5, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 7. Modification And Withdrawal Of Eligibility Documents 7.1 The Prospective Bidder May Modify Its Eligibility Documents 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 Eligibility Documents. The Prospective Bidder Shall Not Be Allowed To Retrieve Its Original Eligibility Documents, But Shall Be Allowed To Submit Another Set Equally Sealed, Properly Identified, Linked To Its Original Eligibility Documents Marked As “modification” And Stamped “received” By The Bac. Eligibility Documents Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Prospective Bidder Unopened. 7.2 A Prospective Bidder May, Through A Letter Of Withdrawal, Withdraw Its Eligibility Documents 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 Eligibility Documents. Eligibility Documents Requested To Be Withdrawn Shall Be Returned Unopened To The Prospective Bidders. A Prospective Bidder That Withdraws Its Eligibility Documents Shall Not Be Permitted To Submit Another Set Of Eligibility Documents, Directly Or Indirectly, For The Same Contract. 8. Opening And Preliminary Examination Of Eligibility Documents 8.1 The Procuring Entity’s Bac Will Open The Envelopes Containing The Eligibility Documents In The Presence Of The Prospective Bidders’ Representatives Who Choose To Attend, At The Time, On The Date, And At The Place Specified In The Iaeb. The Prospective Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. 8.2 Letters Of Withdrawal Shall Be Read Out And Recorded During The Opening Of Eligibility Documents And The Envelope Containing The Corresponding Withdrawn Eligibility Documents Shall Be Returned To The Withdrawing Prospective Bidder Unopened. If The Withdrawing Prospective Bidder’s Representative Is Present During The Opening, The Original Eligibility Documents And All Copies Thereof Shall Be Returned To The Representative During The Opening Of Eligibility Documents. If No Representative Is Present, The Eligibility Documents Shall Be Returned Unopened By Registered Mail. 8.3 A Prospective Bidder Determined As “ineligible” Has Seven (7) Calendar Days Upon Written Notice Or, If Present At The Time Of The Opening Of Eligibility Documents, 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 Prospective 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 Prospective Bidder Signifies His Intent To File A Motion For Reconsideration, In The Case Of A Prospective Bidder Who Is Declared Ineligible, The Bac Shall Hold The Eligibility Documents Until Such Time That The Motion For Reconsideration Or Protest Has Been Resolved. 8.4 The Eligibility Documents Envelopes And Modifications, If Any, Shall Be Opened One At A Time, And The Following Read Out And Recorded: (a) The Name Of The Prospective Bidder; (b) Whether There Is A Modification Or Substitution; And (c) The Presence Or Absence Of Each Document Comprising The Eligibility Documents Vis-à-vis A Checklist Of The Required Documents. 8.5 The Eligibility Of Each Prospective Bidder Shall Be Determined By Examining Each Bidder’s Eligibility Requirements Or Statements Against A Checklist Of Requirements, Using Non-discretionary “pass/fail” Criteria, As Stated In The Iaeb, And Shall Be Determined As Either “eligible” Or “ineligible.” If A Prospective Bidder Submits The Specific Eligibility Document Required, He Shall Be Rated “passed” For That Particular Requirement. In This Regard, Failure To Submit A Requirement, Or An Incomplete Or Patently Insufficient Submission, Shall Be Considered “failed” For The Particular Eligibility Requirement Concerned. If A Prospective Bidder Is Rated “passed” For All The Eligibility Requirements, He Shall Be Considered Eligible To Participate In The Bidding, And The Bac Shall Mark The Set Of Eligibility Documents Of The Prospective Bidder Concerned As “eligible.” If A Prospective Bidder Is Rated “failed” In Any Of The Eligibility Requirements, He Shall Be Considered Ineligible To Participate In The Bidding, And The Bac Shall Mark The Set Of Eligibility Documents Of The Prospective Bidder Concerned As “ineligible.” In Either Case, The Bac Chairperson Or His Duly Designated Authority Shall Countersign The Markings. 8.6 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Opening Of Eligibility Documents That Shall Include, As A Minimum: (a) Names Of Prospective Bidders And Findings Of Eligibility; And (b) Attendance Sheet. The Minutes Of The Proceedings Of The Opening Of Eligibility Documents Shall Be Available To The Public Upon Written Request And Payment Of A Specified Fee To Recover Cost Of Materials And Production. Part I. Section Iii. Eligibility Data Sheet 1.1 Eligible Bidders Are As Defined In Guide¬lines: 1.4 All Bidders Shall Submit A Written Statement Of Compliance With This Provision. 1.5(e) There Is No Restriction On The Involvement Of General Sub-contractors In The Areas Of Manual And Semi-skilled Labor Or Construction Materials Provided That The Contractor Undertakes Not Less Than Fifty Percent (50%) Of The Contracted Works With Its Own Resources. 1.8 There Are No Additional Eligibility Requirements 1.8(d) There Are No Additional Eligibility Requirements. 2.1 All Documents Described In Clause 2.2 Shall Be Included In The Technical Proposal. Documents Do Not Need To Be Acknowledged Or Authenticated By The Appropriate Philippine Consulate. 2.2 In Lieu Of The Following Documents Required In Clause 2.2(a), The Equivalent Document In The Prospective Bidder’s Country/place Of Origin Shall Be Submitted: (a) Dti/sec/cda Registration; (b) Valid And Current Mayor’s Permit Issued By The City Or Municipality Where The Place Of Business Of The Prospective Bidder Is Located; (c) Tax Clearance, As Finally Reviewed And Approved By The Bir (d) Philippines Contractors Accreditation Board (pcab) License And Registration; And (e) Audited Financial Statements. 2.2(a.7) There Are No Other Additional License Required 2.2(a.11) In The Event That A Bidder, At Its Own Option, Does Not Provide Either A Credit Line Or Cash Deposit Certificate In The Amount At Least Equal To Ten Percent (10%) Of The Bid, The Bidder Must Provide A Statement Of Its Nfcc. The Nfcc Is As Follows: [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Contracts Including Those Awarded But Not Yet Started.” Where: K = 15 (regardless Of Contract Duration) 2.2(b.3) None. 2.7 To Be Considered Eligible And Qualified A Bidder Must Have Successful Experience As Prime Contractor In The Construction Of At Least One (1) Work Of A Nature And Complexity Equivalent To The Works In The Last Five (5) Years (to Comply With This Requirement, Single Works Cited Should Be At Least Eighty Percent (80%) Of The Value Of Bid Under Consideration For Award), Such Being Verifiable From Completion Certificates, And Have An Annual Turnover From All Works Averaged Over The Last Three (3) Years Equal To One Hundred Percent (100%) Of The Value Of Bid Under Consideration For Award. 2.7 Not Applicable. 3.2 Each Prospective Bidder Shall Submit One (1) Original And Two (2) Copies Of Its Eligibility Documents. 5.1 The Address For Submission Of Eligibility Documents Is The Chairman, Bids And Awards Committee, Municipal Hall, Carmen, Surigao Del Sur The Deadline For Submission Of Eligibility Documents Is 10:00 A.m., February 19, 2025 (same As Submission Of Technical And Financial Envelope). Part Ii. Section I. Instructions To Bidders Table Of Contents 1. Scope Of Bid 19 2. Corrupt, Fraudulent, And Coercive Practices 19 3. Conflict Of Interest 20 4. One Bid Per Bidder 22 5. Pre-bid Conference 22 6. Content Of The Bidding Documents 22 7. Clarification And Amendment Of Bidding Documents 23 8. Cost Of Bidding 23 9. Language Of Bid 23 10. Documents Comprising The Bid 23 11. Bid Prices 25 12. Currencies Of Bid And Payment 25 13. Bid Validity 26 14. Bid Security 26 15. Alternative Proposals By Bidders 27 16. Format And Signing Of Bid 27 17. Sealing And Marking Of Bids 28 18. Deadline For Submission Of Bids 28 19. Late Bids 29 20. Modification And Withdrawal Of Bids 29 21. Opening And Preliminary Examination Of Bids 29 22. Process To Be Confidential 31 23. Detailed Evaluation And Comparison Of Bids 31 24. Preference For Provincial Bidders 32 25. Post Qualification Of The Lowest Calculated Bid 33 26. Right Of The Procuring Entity To Reject Any Or All Bids 33 27. Award Criteria 34 28. Notice Of Award 34 29. Signing Of The Contract 34 30. Performance Security 34 31. Notice To Proceed 35 32. Advance Payment 36 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In The Bds. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In The Scc Clause 1.17. 1.3. 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 For The Works. 2. Corrupt, Fraudulent, And Coercive Practices 2.1. The Funding Source Requires That The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics Sduring The Procurement And Execution Of Such Contracts. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (a.1) "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 Republic Act 3019; (a.2) "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; (a.3) “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; And (a.4) “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 Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 2.2. Further, The Gop Will Seek To Impose The Maximum Penalties For Civil And Criminal Liability Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Practices. 2.3. Furthermore, The Funding Source Reserves The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 33. 3. Conflict Of Interest 3.1. 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) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) 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; (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; Or (g) A Bidder Who Lends, Or Temporary 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. 3.2. In Accordance With Section 47 Of The Irr-a Of R.a. 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 By Consanguinity Or Affinity Up To The Third Civil Degree Or Any Of The Procuring Entity’s Officers Or Employees Having Direct Access To Information That May Substantially Affect The Result Of The Bidding, Such As, But Not Limited To, The Members Of The Bac, The Members Of The Technical Working Group (twg), The Bac Secretariat, The Members Of The Project Management Office (pmo), And The Designers Of The Project. 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. 4. One Bid Per Bidder 4.1. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 5. Pre-bid Conference 5.1. The Bidder By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site And Determined The General Characteristics Of The Contract Works And The Conditions Of The Contract To Bid. The Bac Shall Require An Affidavit Of Such Site Inspection From Eligible Bidder. 5.2. The Procuring Entity May Organize A Site Visit Concurrently With The Pre-bid Conference. 5.3. The Bidder Or His Official Is Invited By The Procuring Entity To A Pre-bid Conference, The Venue, Time And Date Of Which Shall Be Indicated In The Bds. Non-attendance At The Pre-bid Conference Shall Not Be A Ground For Disqualification Of A Bidder. 5.4. The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. However, Attendance Of The Bidders Shall Not Be Mandatory. 5.5. The Pre-bid Conference Shall Discuss Among Other Things, The Technical And Financial Components Of The Contract To Be Bid. The Minutes Of The Pre-bid Conference Shall Be Recorded And Made Available To All Participants Not Later Than Three (3) Calendar Days After The Pre-bid Conference. 6. Content Of The Bidding Documents 6.1. The Set Of Bidding Documents Comprises The Documents Listed In The Table Below And Addenda Issued In Accordance With Itb Clause 7: Partii Section V. Specifications Partii. Section Vi. Drawings Partii. Section Vii. Bill Of Quantities Partii Section Viii. Forms And Qualification Information 6.2. Bidders Should Note That The Procuring Entity Will Only Accept Bids From Bidders That Have Purchased The Bidding Documents From The Office Indicated In The Iaeb. 7. Clarification And Amendment Of Bidding Documents 7.1. Bidders May Request For Clarification(s) On Any Part Of The Bidding Documents Or 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. The Procuring Entity Shall Respond To The Said Request By Issuing A Supplemental/bid Bulletin, To Be Made Available To All Those Who Have Properly Secured The Bidding Documents From The Procuring Entity, At Least Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. It Shall Be The Responsibility Of All Those Who Have Properly Secured The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Procuring Entity. 7.2. 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. It Is The Responsibility Of The Procuring Entity To Notify In Writing And Through Posting In The Website Of The Procuring Entity And The Government Electronic Procurement System (g-eps) The Said Documents To All Those Who Have Properly Secured The Bidding Documents. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids. 8. Cost Of Bidding 8.1. 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. 9. Language Of Bid 9.1. 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 Of The Relevant Passages In English, In Which Case, For Purposes Of Interpretation Of The Bid, The English Translation Shall Govern. 10. Documents Comprising The Bid 10.1. Unless Otherwise Indicated In The Bds, Bids Shall Include The Following: (a) Technical Proposal – (a.1) Bid Security As To Form, Amount, And Validity Period; (a.2) Authority Of The Signing Official; (a.3) Construction Schedule And S-curve; (a.4) Manpower Schedule; (a.5) Construction Methods; (a.6) Organizational Chart For The Contract To Be Bid; (a.7) 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; (a.8) 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; (a.9) Equipment Utilization Schedule; (a.10) Affidavit Of Site Inspection; (a.11) Written Commitment From The Contractor’s Bank To Extend To It A Credit Line If Awarded The Contract To Be Bid, Or A Cash Deposit Certificate Specifically Committed To The Contract Or Project, If Awarded, In An Amount Not Lower Than That Set In The Bds; (a.12) Construction Safety And Health Program Of The Contractor; (a.13) Certificate From The Bidder Under Oath Of Its Compliance With Existing Labor Laws And Standards; (a.14) A Sworn Affidavit In Accordance With Itb Clause 3.2; And (a.15) Any Other Documents Described In The Bds. (b) Financial Proposal – (b.1) Bid Prices In Bill Of Quantities In The Prescribed Bid Form; (b.2) Detailed Estimates Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates And Equipment Rentals Used In Coming Up With The Bid; (b.3) Cash Flow By The Quarter And Payments Schedule; And (b.4) Any Other Document Described In The Bds. 10.2. If Indicated In The Bds, All Financial Proposals That Exceed The Abc As Indicated In The Bds, Shall Be Rejected. 11. Bid Prices 11.1. 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. 11.2. 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. 11.3. 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. 11.4. For The Given Scope Of Work In The Contract As Awarded, 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 Gcc Clause 47 And Its Corresponding Scc Provision. 12. Currencies Of Bid And Payment 12.1. Subject To Applicable Laws And Unless Otherwise Specified In The Bds, All Bid Prices Shall Be Quoted In Philippine Pesos. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 12.2. All Contracts Shall Be Denominated And Payable In Philippine Pesos. 13. Bid Validity 13.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Days From The Date Of The Opening Of Bids. 13.2. In Exceptional Circumstances, The Procuring Entity May Request That The Bidders Extend The Period Of Validity For A Specified Additional Period. The Request And The Bidders’ Responses Shall Be Made In Writing. A Bidder May Refuse The Request Without Forfeiting The Bid Security. A Bidder Agreeing To The Request Will Not Be Required Or Permitted To Otherwise Modify The Bid, But Will Be Required To Extend The Validity Of Bid Security For The Period Of The Extension, And In Compliance With Itb Clause 14 In All Respects. 13.3. Unless Otherwise Indicated In The Bds, If The Period Of Bid Validity Is Extended Beyond Sixty (60) Days After The Original Bid Validity Period, The Bid Prices Shall Remain Fixed And Therefore Not Subject To Any Adjustment. 14. Bid Security 14.1. The Bidder Shall Furnish, As Part Of The Bid, A Bid Security In Local Currency Or In A Freely Convertible Currency, In The Forms And Amount Specified In The Bds. 14.2. As Indicated In The Bds, The Procuring Entity Shall Prescribe The Acceptable Forms Of Bid Security From Among The Following, From Which Acceptable Forms The Bidder May Choose: (a) Cash; (b) A Cashier's Or Certified Check; (c) An Irrevocable Letter Of Credit; (d) A Bank Guarantee; (e) Surety Bond; Or (f) Foreign Government Guarantee. 14.3. In Case Of Bank Guarantee, The Bid Security Shall Be Submitted Using The Form Included In Part Ii, Section Viii, Forms And Qualifications Information, Or Another Form Acceptable To The Procuring Entity. The Form Must Include The Complete Name Of The Bidder. The Bid Security Should Be Valid For The Period Specified In The Bds. 14.4. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity. The Bid Security Of A Jv, If In The Form Of A Bank Guarantee Must Define As “bidder” All Jv Partners And List Them In The Following Manner: A Jv Consisting Of “______,” “______,” And “______”. 14.5. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed To Comply With Any Of The Requirements To Be Submitted In The First Bid Envelope Of The Bid, As Provided In This Irr-a. Without Prejudice To The Forfeiture Of Bid Securities, 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. 14.6. The Bid Security May Be Forfeited: (a) If The Bidder Withdraws The Bid After Bid Opening During The Period Of Bid Validity; (b) If The Bidder Does Not Accept The Correction Of The Bid Price, Pursuant To Itb Clause 23; Or (c) In The Case Of A Successful Bidder, If The Bidder Fails Within The Specified Time Limit To: (c.1) Sign The Agreement; (c.2) Furnish The Required Performance Security; Or (c.3) Enter Into A Jv Agreement If It Has Undertaken To Do So. (d) Any Other Reasons Stated In The Bds. 15. Alternative Proposals By Bidders 15.1. 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. 16. Format And Signing Of Bid 16.1. The Bidder Shall Submit One Original Of The Technical Proposal And One Original Of The Financial Proposal As Described In Itb Clause 17 And Clearly Mark Each As “original - Technical Proposal” And “original – Financial Proposal”. In Addition, The Bidder Shall Submit Two (2) Copies Of The Technical Proposal And The Financial Proposal, And Clearly Mark Them “copy No… - Technical Proposal” And “copy No…. – Financial Proposal”. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 16.2. The Original And The Two (2) Copies Of The Bid Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or A Person Or Persons Duly Authorized To Bind The Bidder To The Contract. All Pages Of The Bid Where Entries Or Amendments Have Been Made Shall Be Initialed By The Person Or Persons Signing The Bid. 16.3. Any Interlineations, Erasures, Alterations Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Person Signing The Bid. 16.4. Unless Otherwise Provided In The Bds, Commissions Or Gratuities Are Not Allowed. 17. Sealing And Marking Of Bids 17.1. The Bidder Shall Enclose The Original Of The Technical Proposal In One Sealed Envelope Marked As “original - Technical Proposal”; Whereas, The Original Of The Financial Proposal Shall Be Enclosed In Another Sealed Envelope Marked As “original - Financial Proposal”. Both Envelopes Shall Then Be Placed In Another Single Envelope Marked As “original Bid”. 17.2. Each Copy Of The Technical Proposal And Financial Proposal, Shall Be Similarly Sealed Duly Marked As “copy No… - Technical Proposal” And “copy No… – Financial Proposal” Respectively And The Outer Envelope As “copy No”. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope That Shall: (a) Name Of The Contract To Be Bid; (b) Bear The Name And Address Of The Bidder; (c) Be Addressed To The Procuring Entity In Accordance With Itb Clause 18.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Bds; And (e) Bear A Warning “do Not Open Before…” The Time And Date For The Opening Of Bids , In Accordance With Itb Clause 18.1. 17.3. If All Envelopes Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. 18. Deadline For Submission Of Bids 18.1. Bids Must Be Received By The Bac Of The Procuring Entity At The Address And On Or Before The Date And Time Indicated In The Bds. 19. Late Bids 19.1. Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 18.1, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 20. Modification And Withdrawal Of Bids 20.1. 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. 20.2. 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. 20.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 20.2 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. 20.4. 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 Bid Form. Withdrawal Of A Bid During This Interval May Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To The Itb Clause 14.6, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By R.a. 9184 And Its Irr-a. 21. Opening And Preliminary Examination Of Bids 21.1. The Bac Of The Procuring Entity Shall Open Bid Envelopes In The Presence Of Bidders’ Representatives Who Choose To Attend, At The Time, On The Date, And At The Place Specified In The Bds. Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. 21.2. Letters Of Withdrawal Shall Be Read Out And Recorded, 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 Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Justification Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 21.3. If The Bidding Is Subject To An Eligibility Check As Described In Itb Clause 21.6, The Procuring Entity Shall Not Accept The Bids Of Ineligible Bidders. The Procuring Entity Shall Open Bids Of Eligible Bidders Only, In Accordance With The Following Paragraph. 21.4. Outer Envelopes Marked “technical Modification” Or “financial Modification” Will Be Identified But Not Opened. The Procuring Entity Will Announce The Presence And Type Of Modification From The Information Contained On The Outer Envelope. 21.5. The Procuring Entity Shall First Open The Envelopes Holding The Technical Proposals And Modification, If Any, One At A Time, And Read Out And Record The Following: (a) The Name Of The Bidder; (b) Whether There Is A Technical Modification Or Substitution; (c) The Presence, Amount And Validity Of The Bid Security; And (d) The Presence Or Absence Of Each Document Comprising The Technical Proposal Vis-à-vis A Checklist Of The Required Documents. 21.6. The Bac Of The Procuring Entity Shall Determine Each Bidder’s Compliance With The Documents Required To Be Submitted For The Technical Proposal Of The Bid, As Prescribed In Itb Clause 10. For This Purpose, The Bac Of The Procuring Entity Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present In The First (technical) Envelope, Using Non-discretionary “pass/fail” Criteria, As Stated In The Iaeb And Itb Clause 10. If A Bidder Submits All Required Documents, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Failure To Submit A Requirement, Or An Incomplete Or Patently Insufficient Submission, Shall Be Considered “failed” For The Particular Requirement Concerned. In Case One Or More Of The Above Required Documents In The First Envelope Of A Particular Bid Is Missing, Incomplete, Or Patently Insufficient, The Bac Of The Procuring Entity Shall Rate The Bid Concerned As “failed” And Immediately Return To The Bidder Concerned Its Second (financial) Envelope Unopened. 21.7. Immediately After Determining Compliance With The Requirements In The First Bid Envelope (technical Proposal), The Bac Shall Forthwith Open The Second Bid Envelope (financial Proposal) 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, The Bac Shall Rate The Bid Concerned As “failed.” Bids That Are Determined To Contain All The Requirements For The Second (financial) Envelope Shall Be Rated “passed” And Shall Immediately Be Considered For Detailed Evaluation Of The Bids. 21.8. The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Abstract Of Bids As Read Including 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 And The Observers May Witness The Same. A Copy Of The Abstract Of Bids As Read Shall Be Made Available To All Interested Bidders. The Minutes Of The Proceedings Of The Bid Opening Shall Be Available To The Public Upon Written Request And Payment At A Specified Fee To Cover The Cost Of Materials. 22. Process To Be Confidential 22.1. 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. 23. Detailed Evaluation And Comparison Of Bids 23.1. The Procuring Entity Will Evaluate And Compare, In Detail, Only The Bids That Are Rated “passed” For Both Technical And Financial Proposals. 23.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (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 Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 23.3. To Determine The Lowest Calculated Bid, The Bac Shall Use A Non-discretionary “pass/fail” Criteria, As Stated In The Iaeb, Which Shall Include A Consideration Of The Following: (a) The Bid Must Be Complete. 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; And (b) Minor Arithmetical Corrections To Consider Computational Errors, Omissions And Discounts If Allowed, In The Bidding Documents To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 23.4. The Bac Shall Evaluate All Bids On An Equal Footing To Ensure Fair And Competitive Bid Evaluation. For This Purpose, All Bidders Shall Be Required To Include 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. 23.5. In Case Of Discrepancies Between: (a) Bid Prices In Figures And In Words, The Latter Shall Prevail; (b) The Total Bid Amount And The Sum Of Total Costs Per Item, The Sum Of The Total Costs Per Item Shall Prevail And The Total Bid Amount Will Be Corrected; And (c) Unit Cost In The Detailed Estimate And Unit Cost In The Bill Of Quantities, The Latter Shall Prevail. 23.6. 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. 23.7. The Estimated Effect Of Any Price Adjustment Conditions Under Gcc Clause 47, During The Period Of Implementation Of The Contract, Will Not Be Taken Into Account In Bid Evaluation. 24. Preference For Provincial Bidders 24.1. If So Indicated In The Bds, Bidders Whose Principal Office Is Within The Same Province Where The Project Is To Be Implemented Shall Be Given Preference By Allowing A Right To Match The Lowest Calculated Bid Subject To Applicable Laws And Following The Mechanism Shown In The Bds. 25. Post Qualification Of The Lowest Calculated Bid The Procuring Entity Shall Conduct Post Qualification To Determine Whether The Bidder That Is Evaluated To Have The Lowest Calculated Bid Complies With And Is Responsive To All Requirements And Conditions For Eligibility And Of The Bidding For The Contract. The Determination Shall Use Non-discretionary “pass/fail” Criteria And Be Based Upon Examination, Verification And Validation Of The Documentary Evidence Of The Bidder’s Eligibility/qualifications Submitted By The Bidder Pursuant To 25.1. Part I. Section Ii. Eligibility Documents And The Technical And Financial Proposals For Itb Clause 10. If The Said Bidder Passes The Post-qualification, His Bid Shall Be Declared As The Lowest Calculated And Responsive Bid (lcrb). 26. Right Of The Procuring Entity To Reject Any Or All Bids 26.1. 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. 26.2. The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract In The Following Situations: (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 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 Government 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. 27. Award Criteria 27.1. Subject To Itb Clause 25, The Procuring Entity Shall Award The Contract To The Successful Bidder Whose Bid Has Been Determined To Be The Lcrb. 28. Notice Of Award 28.1. The Procuring Entity Shall Issue A Written Notice Of Award/letter Of Acceptance To The Bidder With The Lcrb Prior To The Expiration Of The Bid Validity Period, By Registered Mail, By Hand Or By Facsimile. This Notice Of Award/letter Of Acceptance Shall State The Proposed Contract Price Equivalent To The Lcrb, Together With The Documentary Requirements For The Contract. 29. Signing Of The Contract 29.1. Within Ten (10) Calendar Days Upon Receipt Of The Award, The Successful Bidder Shall Submit To The Procuring Entity: (a) Its Written Confirmation To The Award; (b) The Contract Form Signed By The Bidder; (c) The Required Performance Security; And (d) All Other Documentary Requirements For The Contract. 29.2. Within Twenty (20) Calendar Days Upon Receipt From The Successful Bidder Of The Signed Confirmation Of The Award, The Signed Contract, The Required Performance Security And All Other Documentary Requirements, The Procuring Entity Shall Sign And Approve The Contract. 30. Performance Security 30.1. Within A Maximum Period Of Ten (10) Calendar Days Upon Receipt Of The Notification Of Award From The Procuring Entity, And In No Case Later Than The Signing Of The Contract By 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, In The Performance Security Form Provided In The Bidding Documents, Or In Another Form Acceptable To The Procuring Entity. 30.2. As Indicated In The Bds, The Procuring Entity Shall Prescribe The Acceptable Forms Of Performance Security From Among The Following, From Which Acceptable Forms The Bidder May Choose: (a) Cash; (b) A Cashier’s Or Certified Check; (c) An Irrevocable Letter Of Credit; (d) A Bank Guarantee; (e) Surety Bond; Or (f) Foreign Government Guarantee. 30.3. If The Acceptable Performance Security Is Provided By The Successful Bidder In The Form Of A Bank Guarantee, Or Other Form If Indicated In Scc Clause 7.1, It Shall Be Issued Either (a) At The Bidder’s Option, By A Bank Located In The Country Of The Procuring Entity Or A Foreign Bank Through A Correspondent Bank Located In The Country Of The Procuring Entity, Or (b) With The Agreement Of The Procuring Entity Directly By A Foreign Bank Acceptable To The Procuring Entity. 30.4. Failure Of The Successful Bidder To Comply With The Requirements Of Itb Clause 30.1 Shall Constitute Sufficient Grounds For Cancellation 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 Lowest Calculated And Responsive Bid 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. 30.5. Upon The Furnishing By The Successful Bidder Of The Performance Security, The Procuring Entity Will Promptly Notify The Other Bidders That Their Bids Have Been Unsuccessful. 31. Notice To Proceed 31.1. 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. 32. Advance Payment 32.1. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 38.1. Part Ii. Section Ii. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Municipality Of Carmen, Surigao Del Sur The Name Of The Contract Is Completion Of Concrete Perimeter Fence At Evacuation Center 5.3 The Procuring Entity’s Address Is: Local Government Unit Carmen, Surigao Del Sur Hon. Jane V. Plaza - Municipal Mayor 7.1 All Bids Submitted Will Be Opened At The Bid Opening Ceremony. Determination Of A Bidder’s Qualifications And Eligibility Will Form Part Of The Procuring Entity’s Evaluation Process And Post-qualification. 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) Evidence Of Financial, Technical And Production Capability; (minimum Equipment Required) B) Audited Financial Statements; C) Nfcc Or Credit Line Certificate Or Cash Deposit Certificate; D) Bid Security; And E) Authority Of The Signatory. 10.1 F) 10.1(a.11) Minimum Required Equipment 10.1(a.11) Ten Percent (10%) Of The Bid Amount. Note: If The Bidder, At Its Own Option Provides A Cash Deposit Certificate It Must Be At Least Ten Percent (10%) Of The Bid Amount 10.1(a.15) None. 10.1(b.4) None. 10.2 There Is No Ceiling For Financial Proposals. 11.4 Bid Prices Shall Be Fixed; Adjustable Financial Proposals Will Be Rejected. 12.1 For Goods And Services That Will Be Supplied From Outside Of The Philippines. Bid Prices Therefore Shall Be Quoted In United States Dollars. 13.1 Bids Will Be Valid Until 120 Calendar Days From The Date Of Bid Opening. 13.3 If The Period Of Bid Validity Is Extended Beyond Sixty (60) Days After The Original Bid Validity Period; Or In The Request For Extension, For The Period Of Delay Beyond Sixty (60) Days After The Expiry Of The Initial Bid Validity, Up To The Notification Of Award, Bid Prices Shall Be Increased On The Local Component By 3% Per Annum. Bid Evaluation Will Be Based On The Bid Prices Without Taking The Above Correction Into Consideration. 14.1 And 14.2 The Bid Security Shall Be In The Following Forms And Amount: (a) Cash, Certified (cashier’s Or Manager’s) Check At One Percent (1%) Of The Bid; And (b) Bank Guarantee At One And A Half Percent (1.5%) Of The Bid; (c) Bid Securing Declaration 14.3 And 14.5 One Hundred Twenty (120) Days From The Date Set For Bid Opening. 14.6(d) The Following Shall Be The Additional Grounds For Forfeiture Of The 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 He Had Been Adjudged As Having Submitted The Lowest Calculated Responsive Bid Or Highest Rated Responsive Bid. 5. 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. 6. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 7. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As An Eligible Contractor Not Buying Bid Documents, And Contractors Habitually Withdrawing From Bidding Or Submitting Letters Of Non-participation For At Least Three (3) Times Within A Year, Except For Valid Reasons. 15.1 None 16.4 No Further Instructions. 17.2(d) The Specific Identification Of This Bidding Process Is 18.1 The Address For Submission Of Bids Is Bac Office, Municipal Hall, Carmen, Surigao Del Sur. The Deadline For Submission Of Bids Is February 19, 2025 At 10:00 Am 21.1 The Place Of Bid Opening Is Bac Office, Municipal Hall, Carmen, Surigao Del Sur. The Date And Time Of Bid Opening Is February 19, 2025 At 10:00 Am 24.1 Not Applicable. Part Ii. Section Iii. General Conditions Of Contract Table Of Contents 1. Definitions 42 2. Interpretation 44 3. Governing Language And Law 45 4. Communications 45 5. Possession Of Site 45 6. The Contractor’s Obligations 46 7. Performance Security 47 8. Sub-contracting 47 9. Liquidated Damages 48 10. Site Investigation Reports 48 11. The Procuring Entity, Licenses And Permits 48 12. Contractor’s Risk And Warranty Security 48 13. Procuring Entity’s Risk 50 14. Insurance 51 15. Termination For Default Of Contractor 52 16. Termination For Default Of Procuring Entity 53 17. Termination For Other Causes 53 18. Procedures For Termination Of Contracts 55 19. Force Majeure, Release From Performance 56 20. Resolution Of Disputes 57 21. Suspension Of Loan, Credit, Grant, Or Appropriation 58 22. Procuring Entity’s Representative’s Decisions 58 23. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 58 24. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 25. Extension Of The Intended Completion Date 59 26. Right To Vary 59 27. Contractors Right To Claim 60 28. Dayworks 60 29. Early Warning 60 30. Program Of Work 60 31. Management Conferences 61 32. Bill Of Quantities 61 33. Instructions, Inspections And Audits 62 34. Identifying Defects 62 35. Cost Of Repairs 62 36. Correction Of Defects 63 37. Uncorrected Defects 63 38. Advance Payment 63 39. Progress Payments 64 40. Payment Certificates 64 41. Retention 65 42. Variation Orders 65 43. Contract Completion 67 44. Suspension Of Work 67 45. Payment On Termination 68 46. Extension Of Contract Time 69 47. Price Adjustment 70 48. Completion 70 49. Taking Over 70 50. Operating And Maintenance Manuals 71 1. Definitions 1.1. For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.2. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 20. 1.3. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.4. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 48. 1.5. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. It Consists Of The Documents Listed In Gcc Clause 2.3. 1.6. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.7. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.8. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.9. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.10. Days Are Calendar Days; Months Are Calendar Months. 1.11. Day Works Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.12. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.13. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.14. The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.15. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.16. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.17. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.18. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.19. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.20. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.21. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.22. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.23. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.24. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.25. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.26. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.27. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.28. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.29. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.30. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.31. Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 2.3. The Documents Forming This Contract Shall Be Interpreted In The Following Order Of Priority: (a) Contract Agreement; (b) Instructions To Bidders; (c) Addenda To The Bidding Documents; (d) Specifications; (e) Drawings; (f) Special Conditions Of Contract; (g) General Conditions Of Contract; And (h) Any Other Document Listed In The Scc As Forming Part Of This Contract. 3. Governing Language And Law 3.1. 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 Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications 4.1. Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With 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. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 46. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, 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. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. The Performance Security Shall Be Submitted To The Procuring Entity Not Later Than The Date Specified In The Letter Of Acceptance And Shall Be Issued In An Amount And Form As Specified In The Scc, And Denominated In The Currency In Which The Contract Price Is Payable. The Performance Security Shall Be Valid For The Period Specified In The Scc. 7.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 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. 8. Sub-contracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract More Than Fifty Percent (50%) Of The Value Of The Works,. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor 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. 8.2. All Subcontracting Arrangements As Disclosed And Identified During The Eligibility Check Shall Not Be Changed During The Implementation Of This Contract. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 39.1 10. Site Investigation Reports 10.1. 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. 11. The Procuring Entity, Licenses And Permits 11.1. The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. In Case The Contractor Fails To Comply With The Preceding Paragraph, It Shall Suffer Perpetual Disqualification From Participating In Any Public Bidding And Its Property Or Properties Shall Be Subject To Attachment Or Garnishment Proceedings To Recover The Costs. All Payables Of The Procuring Entity In The Contractor’s Favor Shall Be Offset To Recover The Costs. 12.3. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For Structural Defects And/or Failure Of The Completed Project Within The Following Warranty Periods From Final Acceptance, Except Those Occasioned By Force Majeure And Those Caused By Other Parties: (a) Permanent Structures: Fifteen (15) Years Buildings Of Types 4 (steel, Iron, Concrete, Or Masonry Construction With Walls, Ceilings, And Permanent Partitions Of Incombustible Fire Resistance) And 5 (steel, Iron, Concrete, Or Masonry Construction), Steel And Concrete Bridges, Flyovers, Concrete Aircraft Movement Areas, Ports, Dams, Diversion Tunnels, Causeways, Wharves, Piers, Dikes, Filtration And Treatment Plants, Sewerage Systems, Power Plants, Transmission And Communication Towers, Railway System, And Other Similar Structures; (b) Semi-permanent Structures: Five (5) Years Buildings Of Types 1 (wooden), 2 (wood With 1 Hour Fire Resistance), And 3 (masonry And Wood Construction), Concrete Roads, Asphalt Roads, River Control, Drainage, Irrigation And Drainage Canals, Municipal Ports And River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Structures; And (c) Other Structures: Two (2) Years Bailey And Wooden Bridges, Shallow Wells, Spring Developments, And Other Similar Structures. 12.4. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price 1. Cash Deposit, Cash Bond Or Letter Of Credit Five Percent (5%) 2. Bank Guarantee Ten Percent (10%) 3. Surety Bond Thirty Percent (30%) 12.5. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective During The Applicable Warranty Period Provided In Gcc Clause 12.3. 12.6. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.3, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable, Of Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. For Purposes Of This Clause, The Term “structural Defects” Shall Mean Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Works Which May Lead To Structural Failure Of The Completed Elements Or Structure. The Term “structural Failures” Is Defined As An Occurrence Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public. 13. Procuring Entity’s Risk 13.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (a.1) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (a.2) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 14. Insurance 14.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 14.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity Through The Procuring Entity’s Representative. 14.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 14.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 14.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 39 Until The Contractor Complies With This Clause. 14.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (a.1) Become Bankrupt; (a.2) Been Placed Under Receivership Or Under A Management Committee; (a.3) Been Sued For Suspension Of Payment; Or (a.4) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (b) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 15. Termination For Default Of Contractor 15.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 15.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 15.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 15.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 15.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 16. Termination For Default Of Procuring Entity 16.1. The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 17. Termination For Other Causes 17.1. 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 This Contract For The Convenience Of The Procuring Entity 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. 17.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 17.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor 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 Contractor, 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 Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) 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, The Following: (h.1) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 2.1(a); (h.2) Drawing Up Or Using Forged Documents; (h.3) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (h.4) Any Other Act Analogous To The Foregoing. 17.4. The Funding Source Or The 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 Corrupt, Fraudulent, Or Coercive Practices. 17.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 17.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 17.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 18. Procedures For Termination Of Contracts 18.1. The Following Provisions Shall Govern The Procedures For The 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 Contractor Conveying The Termination Of This Contract. The Notice Shall State: (b.1) 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; (b.2) The Extent Of Termination, Whether In Whole Or In Part; (b.3) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (b.4) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor 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 The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’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 Contractor’s Receipt Of The Notice; (e) 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 Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) 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. 19. Force Majeure, Release From Performance 19.1. 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. 19.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 19.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 19.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 27.1; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 19.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 20. Resolution Of Disputes 20.1. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 20.2. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr-a Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 21. Suspension Of Loan, Credit, Grant, Or Appropriation 21.1. In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 44.2. 22. Procuring Entity’s Representative’s Decisions 22.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 22.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 23. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 23.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 23.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 23.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 23.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 24. Acceleration And Delays Ordered By The Procuring Entity’s Representative 24.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 24.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 25. Extension Of The Intended Completion Date 25.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 25.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 26. Right To Vary 26.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 26.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 27. Contractors Right To Claim 27.1. If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 28. Dayworks 28.1. Subject To Gcc Clause 42 On Variation Order, 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. 28.2. All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 28.3. The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 29. Early Warning 29.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 29.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 30. Program Of Work 30.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 30.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 30.3. 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. 30.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 30.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 30.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 31. Management Conferences 31.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 31.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity. The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 32. Bill Of Quantities 32.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 32.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 32.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 32.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 33. Instructions, Inspections And Audits 33.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 33.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 33.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 34. Identifying Defects 34.1. The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 35. Cost Of Repairs 35.1. Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 36. Correction Of Defects 36.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Begins At Completion Date Up To Final Acceptance By The Procuring Entity, Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 36.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 36.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 36.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 37. Uncorrected Defects 37.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 37.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 38. Advance Payment 38.1. 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 To Exceed 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. 38.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 38.3. The Advance Payment Shall Be Repaid By The Contractor By Deducting A Percentage Equal To That Used For The Advance Payment From Periodic Progress Payments To Be Made To The Contractor. 38.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39. Progress Payments 39.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative. 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. 39.2. The Procuring Entity Shall Have The Right To Deduct From The Contractor’s Progress Billing Such Amount As May Be Necessary To Cover Third Party Liabilities, As Well As Uncorrected Discovered Defects In The Project. 39.3. Payments Shall Be Adjusted By Deducting Therefrom The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 39.4. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 40. Payment Certificates 40.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 40.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 40.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 40.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 41. Retention 41.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 41.2. 41.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefor. 41.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Percentage Retained Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Procuring Entity Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 41.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 42. Variation Orders 42.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 42.2. A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 42.3. An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 42.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize The Variation Order Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 42.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Head Of The Procuring Entity Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Procuring Entity’s Representative. (b) The Procuring Entity’s Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Procuring Entity’s Representative. (c) The Procuring Entity’s Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, The Procuring Entity’s Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 43. Contract Completion 43.1. Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 44. Suspension Of Work 44.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 44.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 44.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 45. Payment On Termination 45.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 45.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 45.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 45.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 16 Or 17, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 46. Extension Of Contract Time 46.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 46.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 46.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 46.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 46.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods, Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 47. Price Adjustment 47.1. Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed Unless Otherwise Specified In The Scc. 48. Completion 48.1. The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 49. Taking Over 49.1. The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 50. Operating And Maintenance Manuals 50.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 50.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Part Ii. Section Iv. Special Conditions Of Contract Gcc Clause 1.17 The Intended Completion Date Is 105 Calendar Days. 1.22 The Procuring Entity Is Municipality Of Carmen. 1.23 The Procuring Entity’s Representative Is Hon. Jane V. Plaza - Municipal Mayor. 1.24 The Site Is Located At Barangay Poblacion, Carmen, Surigao Del Sur And Is Defined In Drawings No. Sheet No. 01 Vicinity Map See Part Ii Section Vi. 1.28 The Start Date Is Within 10 Calendar Days Upon Receipt Of Ntp. 1.31 The Works Consist Of I. Construction Of Additional 75 Meters Perimeter Fence Ii. Finishing Works Of Existing Fence Iii. Construction/welding Of Steel Fence With Steel Matting As Main Fence Iv. Painting Works Of Inner Wall And Concrete Post Structures And All Steel Materials V. Installation Of Electrical Materials Vi. Construction Of 368m Drainage Canal 2.2 Not Applicable (h) The Other Documents Forming Part Of The Contract Are: None. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Issuance Of Ntp 6.5 The Contractor Shall Employ The Following Key Personnel: 1. Civil Engineer 2. Construction Foreman 3. Carpenter/mason/paintor 4. Equipment Operator 5. Laborers 6. Welders Equipment Needed: 1 Concrete Mixer, Welding Machine 1 Bar Cutter, Grinder 1 Concrete Vibrator 7.1 At The Contractor’s Option The Performance Security Is To Be In Any Of The Following Form: (a) Cash, Certified (cashier’s Or Manager’s) Check, In The Amount Of Five Percent (5%) Of The Contract Price; And (b) Bank Guarantee In The Amount Of Ten Percent (10%) Of The Contract Price. The Performance Security Shall Be Discharged By The Procuring Entity And Returned To The Contractor Not Later Than Thirty (30) Days Following The Date Of The Expiration Of This Contract. 8.1 No Further Instructions. 9.1 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of A 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 The Site Investigation Reports Are: None 20.1 The Arbiter Is: Construction Industry Arbitration Commission Manila 20.2 No Further Instructions. 25.1 No Further Instructions. 28.1 No Day Works Are Applicable To The Contract. 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 [30] Days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is 1% Of The Progress Billing. 33.3 The Funding Source: 20% Ldf 2025 36.1 The Defects Liability Period Is One Year. 38.1 The Amount Of The Advance Payment Is 15% Of The Contract Price And To Be Recouped Every Progress Billing. 39.1 No Further Instructions. 39.3 No Further Instructions. 41.2 The Amount Of Retention Is Ten Percent (10%) Of The Contract Value. 47.1 No Further Instructions. 50.1 The Date By Which Operating And Maintenance Manuals Are Required Is : Not Applicable The Date By Which “as Built” Drawings Are Required Is : [within Fifteen (15) Days After Completion] 50.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings By The Date Required Is : [1% Of The Final Contract Amount] Part Ii. Section V. Specifications I. Site Clearing Site Clearing (before And After) 1 Lot Including Vegetation Controls And Alike Ii. Excavation And Filling Works Footing, Wall Footing Excavation 190 Cu.m Filling And Grading Of Soil Near The Fence Iii. Carpentry Works (forms, Scafolding) 100-2”x3”x16’ Lawaan 800 Bd.ft 100-2”x2”x16’ Lawaan 534 Bd.ft #cwn Assorted 80 Kls Marine Plywood 120 Pcs Iv. Concrete Works Portland Cement Type 1 280 Bags Washed Sand 22 Cu.m ¾” Screened Gravel 30 Cu.m V. Reinforcement Works 10mm Dsb 295 Le Of 6m 1079.7 Lg 12mm Dsb 740 Le Of 6m 3944.2 Kg #16 Tie Wire 100 Kg Vi. Masonry Works (walls And Finishing Works) 6” Chb 1100 Pcs Portland Cement 160 Bags Washed Sand 17 Cu.m Vii. Welding Works Steel Matting Wire Mesh 4”x8”, 4.5mm Thick Rod 137 Sheet G.i. Steel Tubular Type 2”x3”x6m Length, 1.5mm Thick 274 Pcs 12mm Steel Bars 504 Pcs 2”x1” Angle Bar 5mm Thick 6m Length 125 Pcs Grinding Disk 150 Pcs Bolts (connection For Steel To Concrete) 1500 Pcs Cutting Disk 100 Pcs Welding Rod 700 Pcs Viii. Painting Works Painting Of Walls (two Coats) 632.2 Sq.m Painting Of Steels (use Zinc Chromate For Tubular And Red Oxide For Steel Matting For First Coat) Used Epoxy Enamel For Top Coat. Black Use Color Black 675 Sq.m Ix. Electrical Works Thhn – Thwn Paciflex #10 10 Mts Thhn – Thwn Paciflex #12 9 Boxes Electrical Pvc Pipe #3/4 160 Le Heavy Duty Metal Conduit Clamp Gi Clamps Single #3/4 40 Pcs Electrical Pvc Elbow #3/4 30 Pcs Electrical Square Box Poly 70 Pcs Enclosure Boxn Surface Type 9 Way 161 Mm-w/ 255mm-i 1 Pc Mcb Circuit Breaker 20 Amps Ac 4 Pcs Mcb Circuit Breaker 40 Amps Ac 1 Pc Electrical Conduit Pipe Connector, Male Adapter W/ Lock Nut #3/4 6 Pcs Electrical Tape Big 20 Pcs 30 Watts Outdoor Street Light As Showed In Plan. With Holder (clamps) With Steel As Shown 65 Sets G.i. Pipe 2” Dia. X 6m Sched. 20 33 Pcs Welding Rod #6013 15 Boxes Anchor Bolt 5/8 X 8” With Nut And Washer 4 Pcs With 5mm 8” X 8” Steel Plate 65 Sets Steel Plate 5mm Thick 1 Sheet Cutting Disk For Steel 15 Pcs X. Billboard Project Billboard 1 Lot Xi. Temporary Facility 1 Lot Provision Of Bunk House Temporary Electrical Connection Temporary Water Supply Connection Part Ii. Section Vi. Drawings Part Ii. Section Vii. Bill Of Quantities Item Scope Of Works Unit Qty Unit Price Total Amount I Site Clearing Lot 1.00 Ii Excavation & Filling Works Lot 1.00 Iii Carpentry Works (forms, Scafolding) Lot 1.00 Iv Concrete Works Lot 1.00 V Reinforcement Works Kgs 5023.90 Vi Masonry Works (walls & Finishing Works) Lot 1.00 Vii Welding Works Lot 1.00 Viii Painting Works Sq.m 1307.20 Ix Electrical Works Lot 1.00 X Billboard Lot 1.00 Xi Temporary Facility Lot 1.00 Part Ii. Section Viii. Forms And Qualification Information Table Of Contents Bid Form 129 Form Of Bid Security (bank Guarantee) 131 Qualification Information 133 Letter Of Acceptance 136 Form Of Contract Agreement 137 Form Of Performance Security (bank Guarantee) 140 Bank Guarantee For Advance Payment 141 Affidavit Of Disclosure Of No Relationship 142 Bid Form Date: Iaeb No.: To: Alain P. Cabanilla Chairman, Bids And Awards Committee Carmen, Municipal Hall Poblacion, Carmen, Surigao Del Sur We, The Undersigned, Declare That: We Have Examined And Have No Reservation On The Bidding Documents Including Addenda, For The Contract Completion Of Concrete Perimeter Fence At Evacuation Center, At Brgy. Poblacion, Carmen, Surigao Del Sur. A) 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: _______________ B) Our Bid Shall Be Valid For A Period Of [insert Number] 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; C) 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; D) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: Philippines E) 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; F) 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; G) 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 H) 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: ______________________ (with Bank’s Letter Head) Form Of Bid Security (bank Guarantee) Whereas, [insert Name Of Bidder] (hereinafter Called The “bidder”) Has Submitted His Bid Dated [insert Date] For The [insert Name Of Contract] (hereinafter Called The “bid”). Know All Men By These Presents That We [insert Name Of Bank] Of [insert Name Of Country] Having Our Registered Office At [insert Address] (hereinafter Called The “bank” Are Bound Unto [insert Name Of Procuring Entity] (hereinafter Called The “entity”) In The Sum Of [insert Amount] For Which Payment Well And Truly To Be Made To The Said Entity The Bank Binds Himself, His Successors And Assigns By These Presents. Sealed With The Common Seal Of The Said Bank This _____ Day Of _________ 20___. The Conditions Of This Obligation Are: 1. If The Bidder: (a) Withdraws His Bid During The Period Of Bid Validity Specified In The Form Of Bid; Or (b) Does Not Accept The Correction Of Arithmetical Errors Of His Bid Price In Accordance With The Instructions To Bidder; Or 2. If The Bidder Having Been Notified Of The Acceptance Of His Bid By The Employer During The Period Of Bid Validity: (a) Fails Or Refuses To Execute The Form Of Agreement In Accordance With The Instructions To Bidders, If Required; Or (b) Fails Or Refuses To Furnish The Performance Security In Accordance With The Instructions To Bidders. We Undertake To Pay To The Entity Up To The Above Amount Upon Receipt Of His First Written Demand, Without The Entity Having To Substantiate His Demand, Provided That In His Demand The Entity Will Note That The Amount Claimed By Him Is Due To Him Owing To The Occurrence Of One Or Both Of The Two (2) Conditions, Specifying The Occurred Condition Or Conditions. The Guarantee Will Remain In Force Up To And Including The Date 120 Days After The Deadline For Submission Of Bids As Such Deadline Is Stated In The Instructions To Bidders Or As It May Be Extended By The Entity, Notice Of Which Extension(s) To The Bank Is Hereby Waived. Any Demand In Respect Of This Guarantee Should Reach The Bank Not Later Than The Above Date. Date Signature Of The Bank Witness Seal (signature, Name And Address) Qualification Information Notes: The Information To Be Filled In By Bidders In The Following Pages Will Be Used For Purposes Of Qualification As Provided For In Part I, Part I. Section Ii. Eligibility Documents. This Information Will Not Be Incorporated In The Contract. Attach Additional Pages As Necessary. 1. Individual Bidders Or Individual Members Of Joint Ventures 1.1 Constitution Or Legal Status Of Bidder: [attach Copy] Place Of Registration: [insert] Principal Place Of Business: [insert] Power Of Attorney Of Signatory Of Bid: [attach] 1.2* Total Annual Volume Of Construction Work Performed In The Past Five Years As Listed In The Eligibility Data Sheet, Reflected Using The Currency Specified For The Bid. Annual Turnover Data (construction Only) Year Turnover In (specified Currency) 1. 2. 3. 4. 5. 1.3 Work Performed As Prime Contractor On Works Of A Similar Nature And Volume Over The Last Ten Years. Proof Of Completion, E.g. Certificate Of Completion Signed By The Employer Or Owner, Shall Be Submitted. Also List Details Of Work Under Way Or Committed, Including Expected Completion Date. Project Name And Country Name Of Employer And Contact Person Type Of Work Performed And Year Of Completion Total Value Of Contract (in Specified Currency) 1. 2. 1.4 Major Items Of Contractor’s Equipment Proposed For Carrying Out The Works. List All Information Requested Below. Item Of Equipment Description, Make, And Age (years) Owned, Leased (from Whom?), Or To Be Purchased (from Whom?) 1. [employer To Specify] 2. 3. 1.5* Qualifications And Experience Of Contract Manager Proposed For Administration And Execution Of The Contract. Attach Bio-data. Name (primary Candidate And Alternate) Years Of Experience In Similar Works Years Of Experience As Contract Manager 1. 2. 1.6* Financial Statements For The Last Five (5) Years. Attach Audited Financial Statements. 1.7 Evidence Of Access To Financial Resources To Meet The Qualification Requirements: Cash In Hand, Lines Of Credit, Etc. List Below And Attaché Copies Of Support Documents. Source Of Financing Amount In (specified Currency) 1. 2. 3. 1.8 Name, Address, And Telephone And Facsimile Numbers Of Banks That May Provide References If Contacted By The Entity. 1.9 Proposed Program Of Work (work Method And Schedule). Attach Descriptions, Drawings And Charts, As Necessary, To Comply With The Requirements Of The Bidding Documents. 1.10* Proposed Subcontracts And Firms Involved. Refer To Gcc Clause 8. Section Of The Works Value Of Subcontract Subcontractor (name And Address) Experience In Similar Work 2. Joint Ventures* 2.1 The Information Listed In 1.1 - 1.9 Above Shall Be Provided For Each Partner Of The Joint Venture. 2.2 Attach The Power Of Attorney Of The Signatory(ies) Of The Bid Authorizing Signature Of The Bid On Behalf Of The Joint Venture. 2.3 Attach The Agreement Among All Partners Of The Joint Venture (and Which Is Legally Binding On All Partners), Which Shows That: (a) All Partners Shall Be Jointly And Severally Liable For The Execution Of The Contract In Accordance With The Contract Terms; (b) One Of The Partners Will Be Nominated As Being In Charge, Authorized To Incur Liabilities, And Receive Instructions For And On Behalf Of Any And All Partners Of The Joint Venture; And (c) The Execution Of The Entire Contract, Including Payment, Shall Be Done Exclusively With The Partner In Charge. Letter Of Acceptance [letterhead Of The Entity] Date: [insert Date] To: [name And Address Of Contractor] This Is To Notify You That Your Bid Dated [insert Date] For Execution Of The [insert Name Of Contract And Identification Number As Given In The Itb] For The Contract Price Of [insert Amount In Specified Currency] , As Corrected And Or Modified If Applicable, In Accordance With The Instructions To Bidders Is Hereby Accepted By Our Agency. You Are Hereby Instructed To Come To Our Office Located At [insert Address] To Sign The Formal Agreement On [date] At [time]. Authorized Signature: Name: Designation: Form Of Contract Agreement This Agreement, Made This ____th Day Of _______ Between Hon. Jane V. Plaza, Municipal Mayor Of Carmen, Surigao Del Sur (hereinafter Called The“entity”) And ________________________________________, Represented By _________________________ (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute The Completion Of Concrete Perimeter Fence At Evacuation Center, Brgy. Poblacion, Carmen, Surigao Del Sur (hereinafter Called “the Works”) And The Entity Has Accepted The Bid In The Amount Of ___________________________________ (php . __________) By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Section Scope Of Works Unit Qty Unit Price Total Amount 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. I. Environmental Management Plan (emp) Ii. Environmental Compliance Certificate (ecc),if Any 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 Within 30 Calendars Days Inclusive Of 20 Days Allowance For Unworkable Conditions 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. Municipality Of Carmen By : Contractor By : Jane V. Plaza _____________________________ First Party Second Party Signed In The Presence Of : ____________________________ _____________________ Witness Witness Notarial Acknowledgment Republic Of The Philippines) Before Me, This ______ Day Of _________________, Personally Appeared: Name Ctc No. Date Of Issue Place Of Issue 1. Jane V. Plaza __________ _____________ Carmen, Sds. 2. ____________________ __________ ______________ _____________ All Known To Me To Be Same Persons Who Executed The Foregoing Agreement And Acknowledge That The Same Are Their Free Act And Voluntary Deed. This Instrument Consisting Of _____ Pages, Including This Page Whereon The Acknowledgment Is Written, Has Been Signed By The Parties And Their Witnesses On Each And Every Page Thereof, Sealed With Notarial Seal. Notary Public Doc. No.______; Page No.______; Book No.______; Series Of 2025 (with Bank’s Letter Head) Form Of Performance Security (bank Guarantee) To : [name Of Procuring Entity] [address Of Procuring Entity] Whereas, [name And Address Of Contractor] (hereinafter Called The “contractor”) Has Undertaken, In Pursuance Of Contract No. [insert Number] Dated [insert Date] To Execute [name Of Contract And Brief Description Of Works] (hereinafter Called The “contract”); And Whereas, It Has Been Stipulated By You In The Said Contract That The Contractor Shall Furnish You With A Bank Guarantee By A Recognized Bank For The Sum Specified Therein As Security For Compliance With His Obligations In Accordance With The Contract; And Whereas, We Have Agreed To Give The Contractor Such A Bank Guarantee; Now Therefore, We Hereby Affirm That We Are The Guarantor And Responsible To You, On Behalf Of The Contractor, Up To A Total Of [insert Amount Of Guarantee In Numbers And In Words] Such Sum Being Payable In The Types And Proportions Of Currencies In Which The Contract Price Is Payable, And We Undertake To Pay You, Upon Your First Written Demand And Without Cavil Or Argument, Any Sum Or Sums Within The Limits Of [amount Of Guarantee] As Aforesaid Without Your Needing To Prove Or To Show Grounds Or Reasons For Your Demand For The Sum Specified Therein. We Hereby Waive The Necessity Of Demand Of The Said Debt From The Contractor Before Presenting Us With The Demand. We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract Or Of The Works To Be Performed There Under Or Of Any Of The Contract Documents Which May Be Made Between You And The Contractor 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 Be Valid Until A Date Twenty Eight (28) Days From The Date Of Issue Of The Certificate Of Completion. Signature And Seal Of The Guarantor Name Of Bank Address Date (with Bank’s Letter Head) Bank Guarantee For Advance Payment To: [name And Address Of Procuring Entity] [name Of Contract] Gentlemen: In Accordance With The Provisions Of The Gcc Clause 32 Of The Above-mentioned Contract, [name And Address Of Contractor] (hereinafter Called “the Contractor”) Shall Deposit With [name Of Procuring Entity] A Bank Guarantee To Guarantee His Proper And Faithful Performance Under The Said Clause Of The Contract In An Amount Of [amount Of Guarantee] [amount In Words] We, The [bank Or Financial Institution], As Instructed By The Contractor, Agree Unconditionally And Irrevocably To Guarantee As Primary Obligator And Not As Surety Merely, The Payment To [name Of Procuring Entity] On His First Demand Without Whatsoever Right Of Objection On Our Part And Without His First Claim To The Contractor, In The Amount Not Exceeding [amount Of Guarantee] [amount In Words] We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract Or Of Works To Be Performed There Under Or Of Any Of The Contract Documents Which May Be Made Between [name Of Procuring Entity] And The Contractor, 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 Under The Contract Until [name Of Procuring Entity] Receives Full Repayment Of The Same Amount From The Contractor. Yours Truly, Signature And Seal: Name Of Bank/financial Institution: Address: Date: Affidavit Of Disclosure Of No Relationship [see Itb Clause 3.2 Of The Bidding Documents] I, [name Of The Affiant], [state Nationality], Of Legal Age, [state Status], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. I Am The Authorized Representative Of [insert Name Of Bidder] With Office Address At [insert Address] An Established And Reputable Constructor Of [insert Name And/or Description Of The Works] For The Bidding Of [insert Name Of The Project] By The [insert Name Of Procuring Entity] (hereinafter Referred To As The “procuring Entity”); 2. None Of The [officers / Directors / Controlling Stockholders / Members / Owners] Of The [name Of The Bidder] Are Related By Consanguinity Or Affinity Up To The Third Civil Degree To The Head Of The Procuring Entity Or Any Of The Procuring Entity’s Officers Or Employees Having Direct Access To Information That May Substantially Affect The Result Of The Bidding, Such As, But Not Limited To, The Members Of The Bids And Awards Committee (bac), The Members Of The Technical Working Group (twg), The Bac Secretariat, The Members Of The Project Management Office (pmo), And The Designers Of The Project. 3. I Am Making This Statement In Compliance With Section 47 Of The Implementing Rules And Regulations Part A Of Republic Act 9184, And In Accordance With The Requirements Of The Procuring Entity 4. I Understand And Accept That Any False Statement In This Respect Will Render [name Of The Bidder], And Its Authorized Officers Liable For Prosecution To The Full Extent Of The Law. In Witness Whereof, I Have Hereunto Set My Hand This _________________ Day Of __________________, 20__, In The City Of __________________, Philippines. ______________________ Affiant Subscribed And Sworn To Before Me This ___________________________ Day Of _____________________, Philippines. ______________________ Notary Public Doc. No. __________; Page No. __________; Book No. __________; Series Of 20____ 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] Checklist Republic Of The Philippines Province Of Surigao Del Sur Municipality Of Carmen Bids And Awards Committee Bid Opening Checklist Name Of Contractor : _______________________________________________________ Name Of Project : _______________________________________________________ Bid Amount : _______________________________________________________ 1. Eligibility Documents A) Class A Documents A.) Dti ____ B.) Mayor’s Permit ____ C.) Pcab License ____ D.) Tax Clearance ____ E.) Audited Financial Statement/bir Income Tax ____ F.) Certificate Of Philgeps Registration (platinum) ____ B) - Class B Documents A.) Minimum Experience To Be Eligible And Qualified - One Project Of 80% Value For The Last 5-years ____ Same Nature - Average 3-years Total Project > 100% ____ 2. Technical Proposal A) Bid Security ____ B) Construction Schedule And S-curve ____ C) Pert-cpm ____ D) Manpower Schedule ____ E) Construction Method ____ F) Organization Chart For The Contract To Be Bid ____ G) Duly Signed Contractor’s Certification Of Key Personnel For The Contract, With Key Personnel’s Affidavits Of Commitment To Work On The Contract With Complete Qualification And Experience Data ____ H) Duly Signed List Of Contractor’s Equipment Pledge For The Contract Supported With Proof Of Ownership. ____ I) Equipment Utilization Schedule ____ J) Affidavit Of Site Inspection ____ K) Prospective Bidder’s Computation For Its Net Financial Contracting Capacity (nfcc) ____ L) Construction Safety And Health Program ____ M) Statement Of Ongoing Government And Private Construction Contracts, Including Contracts Awarded But Not Yet Started ____ N.) Statement Of All Completed Government And Private Construction Contracts Which Are Similar In Nature ____ O.) Evidence Of Financial, Technical & Prod’n. Capabilities/list Of Completed Projects ____ P.) Omnibus Sworn Statements In Accordance With Section 25.3 Of The Ra 9184 ____ Q.) Statement Of The Bidders Slcc Similar To The Contract To Be Bid ____ 3. Financial Proposal A. Duly Signed Bid Price In Approved Bid Form ____ B. Duly Signed Bill Of Quantities ____ C. Duly Signed Detailed Estimate ____ D. Duly Signed Cash Flow By Quarter And Payment Schedule ____ Documents To Be Submitted A) One (1) – Original; B) Two(2) Copies – Xerox ____
Closing Date19 Feb 2025
Tender AmountPHP 4 Million (USD 69.1 K)
Municipality Of Mapanas, Northern Samar Tender
Civil And Construction...+1Civil Works Others
Philippines
Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Construction Of Del Norte Multi-purpose Gym Phase I Barangay Del Norte, Mapanas Northern Samar Contract Reference No. 2025-01-04 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The20% Economic Development Fund (edf) Of Fy 2025 Intends To Apply The Sum Of One Million Nine Hundred Eighty Two Thousand Six Hundred Ninety Two Pesos 35/100 Only (p1,982,692.35) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar B.3 Permits & Clearances 1.00 Lot B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 39.14 Cu.m 804(4) Gravel Bedding 33.76 Cu.m 804 Embankment 311.65 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 3,082.58 Kg. 903 Formworks And Falseworks 184.89 Sq.m. 1046 Masonry Works 104.40 Sq.m. Completion Of The Works Is Required 90 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. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. 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”. 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 Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 3-20, 2025, 8:00 A.m. To 5:00 Pm. 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 P5,000.00. 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 Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. 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’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar 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. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas, Northern Samar B.3 Permits & Clearances 1.00 Lot B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 39.14 Cu.m 804(4) Gravel Bedding 33.76 Cu.m 804 Embankment 311.65 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 3,082.58 Kg. 903 Formworks And Falseworks 184.89 Sq.m. 1046 Masonry Works 104.40 Sq.m. Completion Of The Works Is Required 90 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. Instructions To Bidders. 2. 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”. 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. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. 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 P5,000.00. 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 Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. 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’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar 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. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In 1.2. 1.3. Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.4. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 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 For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (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 Procuring Entity, 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; And (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 Collusive Practice; And/or Threatening, Harassing 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 Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The 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 Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 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) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) 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; (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; Or (g) A Bidder Who Lends, Or Temporary 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. 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 Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) 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 Seventy Five Percent (75%) 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, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 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. (a) Unless Otherwise Provided In The Bds, 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 Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) 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 Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. 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 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 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 The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or 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. 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. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. 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. 6.8. Bidders Should Note That The Procuring Entity Will Only 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 And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works 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 Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria 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 Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works 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. (a) 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. (b) 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, As Specified In The Bds. 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 As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 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 Clarification(s) On Any Part Of The Bidding Documents Or 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. Unless, Otherwise Provided In The Bds, 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) 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 Ten (10) Years From The Submission Of Bids, 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) 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 5.5; 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 As Prescribed In 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 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. 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 In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. 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. 14.2. 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. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. 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. 15.2. 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. 15.3. 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. 15.4. 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 Specified In Gcc Clause 48. 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. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided 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 Prevailing 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 Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 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 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; 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. 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 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 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 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 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) 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; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) 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; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) 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; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) 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. (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. 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 Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 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 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. 19.4. 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. 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. 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 Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; 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. Unless Otherwise Specified In The Bds, 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 13.1(b), 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 (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated 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 Documents Required 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)(vi) 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 For Reconsideration With The Bac: Provided, However, That The Request 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 Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. 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 N 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. Detailed Evaluation And Comparison Of Bids 27.1. 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. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (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 Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. 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 Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. 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, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. 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. 28. Post Qualification 28.1. 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. 28.2. 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 Lcb 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. 28.3. 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. 28.4. 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, Subject To Itb Clause 30.3. 28.5. 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 And Responsive Bid Is Determined For Contract Award. 28.6. 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 Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. 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. 29.2. 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 Government 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. 29.3. 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. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. 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 Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. 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. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. 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. 31.4. 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. 32. Performance Security 32.1. 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. 32.2. 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 As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. 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. Ten Percent (10%) (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 33.2. 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 Lowest Calculated And Responsive Bid 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 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. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Construction Of Del Norte Multi-purpose Gym Phase I Brgy. Del Norte, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2025-01-04__ 2 The Funding Source Is: 20% Economic Development Fund (edf) For Fy 2024. The Name Of The Project Is: Construction Of Multi-purpose Gym Center Phase I, Brgy. Del Norte, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php1,982,692.35 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 60 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 39,653.85 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P99,134.62 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 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) 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. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List 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 Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance 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. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date 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. Governing Language And Law 3.1. 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 Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With 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. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, 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. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. 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 Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, 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. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 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. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor 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. 8.3. 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. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. 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. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, 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. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. 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. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. 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 This Contract For The Convenience Of The Procuring Entity 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. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor 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 Contractor, 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 Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) 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, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The 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 Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The 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 Procuring Entity 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 Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor 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 Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor 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 The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above 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 Contractor’s Receipt Of The Notice; (e) 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 Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) 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. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. 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. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works 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. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. 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. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. 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. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request 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. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 90 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Construction Of Del Norte Multi-purpose Gym Phase I, Brgy. Del Norte, Mapanas Northern Samar B.3 Permits & Clearances 1.00 Lot B.5 Project Billboard/sign Board 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization/demobilization 1.00 Lot 103(1)a Structure Excavation (common Soil) 39.14 Cu.m 804(4) Gravel Bedding 33.76 Cu.m 804 Embankment 311.65 Cu.m. 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 902(1)a Reinforcing Steel, Deformed Grade 3,082.58 Kg. 903 Formworks And Falseworks 184.89 Sq.m. 1046 Masonry Works 104.40 Sq.m. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Construction Of Del Norte Multi-purpose Gym Phase I Location : Brgy. Del Norte, Mapanas, Northern Samar Item No. Description Qty. Unit. B.3 Permits & Clearances 1.00 Is. Filing And Processing Of Permits (building Permit; Occupancy Permit, Utility Power A. Company Approval; Denr Permit And All Other Required Environmental Permit, If Applicable) And Other Required Fees. 1.00 Is. B. Notary 1.00 I.s. C. Signing Of Electrical Plans & Permit By Professional Electrical Engineer 1.00 I.s D. Fire Safety Clearance 1.00 Is B.5 Project Billboard/signboard 1.00 Each A. A. Tarpaulin (8’x8’) 1.00 Pc B. Plywood Marine (1/4” X1.2m X1.2m X 2.44m) 2.00 Pc C. Coco Lumber, 2”x3” X 12” 42.00 Bd.ft. D. Common Nails Assorted 1.00 Kg Labor Requirement Foreman 1.00 1.00 Skilled Carpenter 1.00 1.00 Unskilled 1.00 1.00 B.7 Construction Safety And Health Program A. Safety Helmet 3.00 Pc. B. Safety Shoes 3.00 Pc. C. Safety Vest 3.00 Pc. D. Working Gloves 3.00 Pc. E. Facemask (surgical/cloth) 5.00 Pc. F. Eye Googles 3.00 Pc. G. Sanitizing Solution 3.00 Lit. H. Ethyl Alcohol 3.00 Lit. I. Disinfectant Spray 3.00 Can J. Liquid Hand Soap 3.00 Lit. Environmental Mitigating Cost A. Plywood Ordinary (¼” X 1.2m X 2.44m) 1.00 Pc. B. Coco Lumber (2” X 2” X 12’) 64.00 Pcs. C. Qde White Enamel 2.00 Lit. D. Qde Red 1.00 Pint E. Qde Green 1.00 Pint F. Qde Blue 1.00 Pint G. Paint Brush, 2” 2.00 Pc. H. Lettering Brush 1.00 Pc. I. Cwn 2” 1.00 Kg. J. Cwn ½” 1.00 Kg. K. Trapal, 12’ X 12’ 1.00 Unit Labor Requirement Safety Officer 1.00 7 Days Health Personnel (full Time First Aider) 1.00 7 Days Sanitation Aide 1.00 7 Days Material A. Gravel G1-1/2 20.00 Cu.m. 804 Gravel Bedding A. Gravel G1-1/2 33.76 Cu.m. Labor Requirement Foreman 1.00 8.00 Days Unskilled 1.00 8.00 Days 804 Embankment A. Common Borrow (w/ 25% Shrinkage Factor) 293.25 Cu.m. Labor Requirement Foreman 1.00 30.00 Days Unskilled 8.00 30.00 Days 900(1)c1 Structural Concrete (class A), 28 Days Material A. Portland Cement, Type 1 446.00 Bag B. Gravel, ¾” 40.00 Cu.m. C. Sand, Washed 25.00 Cu.m. Labor Requirement Foreman 1.00 22.00 Days Skilled Mason 2.00 22.00 Days Unskilled 8.00 22.00 Days 902(1)a Reinforcing Steel, Deformed Grade 40 Material A. Rsb, Deformed, 10mmo 957.26 Kgs. B. Rsb, Deformed, 16mmo 1,981.32 Kgs. B. Tie Wire # 16 144.00 Kg Equipment Bar, Cutter, Single Phase 1.00 10 Days Labor Requirement Foreman 1.00 10 Days Skilled Steel Man 4.00 10 Days Unskilled 4.00 10 Days 903 Formworks And Falsworks 184.89 Sq.m. Material Forms (2 Uses) A. Plywood Ordinary (1/4” X 1.2m X 2.44m) 14.00 Pc. B. Good Lumber, 2”x3”x12’ 77.00 Pc. C. Cwn 1” 16.00 Kg. Scaffoldings (2 Uses) A. Good Lumber, 2” X 3” X 12’ 255.00 Pc. B. Coco Lumber, 2” X 3” X 12 327.00 Pc. C. Cwn 4” 79.00 Kg. Labor Requirement Foreman 1.00 7.00 Days Skilled Carpenter 2.00 7.00 Days Unskilled 4.00 7.00 Days Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Construction Of Del Norte Multi-purpose Gym Phase 1, Brgy. Del Norte, Mapanas, N. Samar B.3 Permits & Clearances 1.00 Lot 8,600.00 8,600.00 B.5 Project Billboard/signboard 1.00 Lot 5,409.36 5,409.36 B.7 Construction Safety And Health 1.00 Lot 36,857.00 36,857.00 B.9 Mobilization/demobilization 1.00 Lot 12,528.00 12,528.00 103(1)a Structure Excavation (common Soil) 39.14 Cu.m. 383.17 14,997.12 804(4) Gravel Bedding 33.76 Cu.m 2,772.64 93,606.98 804 Embankment 311.65 Cu.m. 967.18 301,422.00 900(1)c1 Structural Concrete (class A), 28 Days 49.47 Cu.m. 8,799.79 435,308.00 902(1)a Reinforcing Steel, Deformed Grade 40 3,082.58 Kg. 83.78 258,244.82 903 Formworks And Falseworks 184.89 Sq.m. 1,074.20 198,608.64 1047 Masonry Works 104.40 Sq.m. 1,503.50 156,965.44 Total 3,030,298.47 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Construction Of Del Norte Multi-purpose Gym Phase I , Barangay Del Norte , Mapanas N. Samar (a) 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: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 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; (c) 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; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) 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; (f) 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; (g) 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 (h) 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 [name 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 _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] 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] * This Form Will Not Apply For Wb Funded Projects.
Closing Date21 Jan 2025
Tender AmountPHP 1.9 Million (USD 33.8 K)
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