Manpower Tenders

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

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Drugs And Medicines For Philippine Multisectoral Nutrition Project(pmnp) 1. The Local Government Unit Of Irosin, Through The Trust Fund Intends To Apply The Sum Of Eight Hundred Ninety Six Thousand Three Hundred Forty Pesos And Fifty Centavos(p 896,340.50) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Drugs And Medicines For Philippine Multisectoral Nutrition Project, Good-42-2024. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Drugs And Medicines For Philippine Multisectoral Nutrition Project Brief Description: 244 Box Calcium Carbonate 500mg Chewable Tablet/456 Box Ferrous Salt+folic Acid 60mg Elemental Irosin+400mcg Tablet/4 Bottle Vitamin A 200,000iu Capsule/378 Bottle Albendazole 400mc Chewable Tablet/227 Vial Tetanus Toxoid 0.5ml Ampule(im)/909 Bottle Zinc(equiv. To 20mg Elemental Zinc/5ml) 60ml Syrup Bottle/1049 Bottle Multivitamins Per 5ml,60ml Syrup Approved Budget For The Contract : P 896,340.50 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Trust Fund 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 November 12, 2024, November 19, 2024 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (p 1,000.00). 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 Not Hold A Pre-bid Conference. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before November 19, 2024, 1:59 Pm At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On November 19, 2024, 2:00 Pm 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: Francis L. Escandor Oic-municipal Health Officer Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Issue: November 12, 2024 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & Delivery Of Drugs And Medicines For Municipal Health Office, With Project Identification Number Good-42-2024. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Nutribun, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding General Fund As Indicated Below For In The Amount Of Eight Hundred Ninety Six Thousand Three Hundred Forty Pesos And Fifty Centavos(p 896,340.50). 2.2. The Source Of Funding Is: General Fund 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Expandable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Not Hold A Pre-bid Conference For This Project. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A.supply & Delivery Of Drugs And Medicines For Municipal Health Office Brief Description: 244 Box Calcium Carbonate 500mg Chewable Tablet/456 Box Ferrous Salt+folic Acid 60mg Elemental Irosin+400mcg Tablet/4 Bottle Vitamin A 200,000iu Capsule/378 Bottle Albendazole 400mc Chewable Tablet/227 Vial Tetanus Toxoid 0.5ml Ampule(im)/909 Bottle Zinc(equiv. To 20mg Elemental Zinc/5ml) 60ml Syrup Bottle/1049 Bottle Multivitamins Per 5ml,60ml Syrup 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 Drugs And Medicines 244 Box Calcium Carbonate 500mg Chewable Tablet/456 Box Ferrous Salt+folic Acid 60mg Elemental Irosin+400mcg Tablet/4 Bottle Vitamin A 200,000iu Capsule/378 Bottle Albendazole 400mc Chewable Tablet/227 Vial Tetanus Toxoid 0.5ml Ampule(im)/909 Bottle Zinc(equiv. To 20mg Elemental Zinc/5ml) 60ml Syrup Bottle/1049 Bottle Multivitamins Per 5ml,60ml Syrup 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Three(3) Months. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Three(3) Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Applicable Provided That Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Drugs And Medicnes If It Follows The Technical Specification Set By The End-user Units. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement Stamped, Received By The Bir Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing The Total Assets And Liabilities Which Should Not Be Earlier Than Two(2) Years From The Date Of Bid Submission Class “b” Documents ⬜ (i) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (k) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (l) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (m) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sugn Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Lorenzo G. Ubalde Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor Technical Specifications Item No. Item Statement Of Compliance (comply/not Comply) Prepared By: ______________ Proprietor

Details: Description Republic Of The Philippines Department Of Environment And Natural Resources Office Of The Penro City Of Ilagan, Isabela Telefax No.: (078) 325-5701 Procurement Of One (1)-year Security Services For The Department Of Environment And Natural Resources (denr-isabela) Provincial And Community Field Offices For Fy 2025 Bids And Awards Committe November 2024 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines For Use By Any Branch, Constitutional Commission Or Office, Agency, Department, Bureau, Office, Or Instrumentality Of The Government Of The Philippines, National Government Agencies, Including Government-owned And/or Controlled Corporations, Government Financing Institutions, State Universities And Colleges, And Local Government Unit. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Government Of The Philippines Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (i) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract Or Framework Agreement, As The Case May Be; (ii) The Eligibility Requirements Of Bidders; (iii) The Expected Contract Or Framework Agreement Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (iv) The Obligations, Duties, And/or Functions Of The Winning Bidder. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Moreover, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents. The Following General Directions Should Be Observed When Using The Documents: A.all The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Procurement Project. B.specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Instructions To Bidders, Bid Data Sheet, And Special Conditions Of Contract. The Final Documents Should Contain Neither Blank Spaces Nor Options. C.this Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bid Data Sheet, General Conditions Of Contract, Special Conditions Of Contract, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. D.the Cover Should Be Modified As Required To Identify The Bidding Documents As To The Procurement Project, Project Identification Number, And Procuring Entity, In Addition To The Date Of Issue. E.modifications For Specific Procurement Project Details Should Be Provided In The Special Conditions Of Contract As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bid Data Sheet Or Special Conditions Of Contract, These Terms Shall Be Printed In Bold Typeface On Sections I (instructions To Bidders) And Iii (general Conditions Of Contract), Respectively. F.for Guidelines On The Use Of Bidding Forms And The Procurement Of Foreign-assisted Projects, These Will Be Covered By A Separate Issuance Of The Government Procurement Policy Board. Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations 5 Section I. Invitation To Bid 7 Section Ii. Instructions To Bidders 10 1. Scope Of Bid 11 2. Funding Information 11 3. Bidding Requirements 11 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 5. Eligible Bidders 11 6. Origin Of Goods 13 7. Subcontracts 13 8. Pre-bid Conference 13 9. Clarification And Amendment Of Bidding Documents 13 10. Documents Comprising The Bid: Eligibility And Technical Components 13 11. Documents Comprising The Bid: Financial Component 14 12. Bid Prices 14 13. Bid And Payment Currencies 15 14. Bid Security 15 15. Sealing And Marking Of Bids 15 16. Deadline For Submission Of Bids 16 17. Opening And Preliminary Examination Of Bids 16 18. Domestic Preference 16 19. Detailed Evaluation And Comparison Of Bids 16 20. Post-qualification 17 21. Signing Of The Contract 17 Section Iii. Bid Data Sheet 18 Section Iv. General Conditions Of Contract 20 1. Scope Of Contract 21 2. Advance Payment And Terms Of Payment 21 3. Performance Security 21 4. Inspection And Tests 21 5. Warranty 22 6. Liability Of The Supplier 22 Section V. Special Conditions Of Contract 23 Section Vi. Schedule Of Requirements 27 Procurement Of Security Services Covering The Period Of January 1, 2025 To December 31, 2025 28 1.0 Provision Of Security Guards, Including The Submission Of Security Plan 28 2.0 Provision Of Uniform, Security Equipment, And Paraphernalia 29 3.0 Service Standards And Conditions 29 4.0 General Conditions 30 5.0 Payment Terms 31 6.0 Performance Review And Assessment 31 Section Vii. Technical Specifications 34 Section Viii. Checklist Of Technical And Financial Documents 37 Section Ix. Detailed Financial Breakdown 39 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Cda - Cooperative Development Authority. Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. Foreign-funded Procurement Or Foreign-assisted Project– Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Invitation To Bid Procurement Of One (1)-year Security Services For The Department Of Environment And Natural Resources (denr-isabela) Provincial And Community Field Offices For Fy 2025 1.the Denr Provincial Environment And Natural Resources Office-isabela (denr Penro Isabela) Of The National Expenditure Program (nep) For Fy 2025 Intends To Apply The Sum Of Three Million Two Hundred Forty-five Thousand Four Hundred Seventy-one Pesos & 04/100 (₽3,245,471.04) Being The Approved Budget For The Contract (abc) To Payment Under The Contract For The Procurement Of One (1)-year Security Services For The Department Of Environment And Natural Resources (denr-isabela) Provincial And Community Field Offices For Fy 2025. Bids Received In Excess Of The Abc Shall Automatically Be Rejected At Bid Opening. Late Bids Shall Not Be Accepted. 2.the Denr Now Invites Bids For The Above Procurement Project. The Security Services Shall Commence Upon The Receipt Of The Notice To Proceed (ntp) Until 31 December 2025. Bidders Should Have Completed, Within The Last Five (5) 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). Similar Project Shall Mean “procurement Of Security Services”. 3.bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4.prospective Bidders May Obtain Further Information From Denr And Inspect The Bidding Documents At The Address Given Below From Mondays To Fridays, 9:00 Am To 4:00 Pm. 5.a Complete Set Of Bidding Documents May Be Acquired By Interested Bidders Starting November 8, 2024 Until The Submission Of Bids From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Thousand Pesos (p 5,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person, By Facsimile, Or Through Electronic Means. 6.the Denr-penro Ilagan, Isabela Will Hold A Pre-bid Conference On November 18, 2024, 1:30 Pm At The Pinaroc Hall, Penr Office, Osmeña, City Of Ilagan, Isabela Which Shall Be Open To Prospective Bidders. Authorized Representatives Of Bidders Shall Join The Meeting Via Virtual Platform. 7.bids Must Be Duly Received By The Bac Secretariat Or The Penro-isabela Records Section Through Manual Submission At The Office Address Indicated Below On Or Before November 28, 2024, 8:30 A.m. Late Bids Shall Not Be Accepted. 8.all Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9.bid Opening Shall Be On November 28, 2024, 9:00 Am At The Given Address Below. Bids Will Be Opened In The Presence Of The Authorized Bidders’ Representatives Who Choose To Attend The Activity. 10.the Penro-isabela Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. For Further Information, Please Refer To: Preciosa G. Oñate Head, Bac Secretariat Denr-penr Office Osmeña, City Of Ilagan, Isabela Penroisabela@denr.gov.ph C.p. No.: 0917-628-3429 You May Download The Bidding Documents At Philgeps Website. November 5, 2024 Luz S. Soriano Chief, Administrative Officer Chairperson, Bids And Awards Committee Section Ii. Instructions To Bidders 1.scope Of Bid The Procuring Entity, Denr Penro Isabela Wishes To Receive Bids For The Procurement Of One (1)-year Security Services For The Department Of Environment And Natural Resources-isabela (denr-isabela) Provincial And Community Field Offices For Fy 2025. The Procurement Project (referred To Herein As “project”) Is Composed Of One (1) Lot, The Details Of Which Are Described In Section Vii (technical Specifications). 2.funding Information 2.1.the Gop Through The Source Of Funding As Indicated Below For Fy 2025 In The Amount Of Three Million Two Hundred Forty-five Thousand Four Hundred Seventy-one Pesos & 04/100 (₽3,245,471.04) A.the Source Of Funding Is Nep, National Expenditure Program. 3.bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4.corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5.eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. [select One, Delete Other/s] A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I.when A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii.citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii.when The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv.when There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 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 Be At Least Equivalent To: [select One, Delete The Other/s] A.for The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B.for The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C.for Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I.completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii.the Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6.origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7.subcontracts 7.1.the Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 7.2.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 Supplier’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 The Specified Date And Time And Either At Its Physical Address And/or Through Videoconferencing As Indicated In The Ib. 9.clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.documents Comprising The Bid: Eligibility And Technical Components 10.1.the First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2.the Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within The Last Five (5) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3.if The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11.documents Comprising The Bid: Financial Component 11.1.the Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2.if The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3.any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4.for Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12.bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I.the Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii.the Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii.the Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv.the Price Of Other (incidental) Services, If Any, Listed In The Bds. B.for Goods Offered From Abroad: I.unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii.the Price Of Other (incidental) Services, If Any, As Listed In The Bds. 13.bid And Payment Currencies 13.1.for Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2.payment Of The Contract Price Shall Be Made In Philippine Pesos. 14.bid Security 14.1.the Bidder Shall Submit A Bid Securing Declaration[ In The Case Of Framework Agreement, The Undertaking Shall Refer To Entering Into Contract With The Procuring Entity And Furnishing Of The Performance Security Or The Performance Securing Declaration Within Ten (10) Calendar Days From Receipt Of Notice To Execute Framework Agreement.] Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2.the Bid And Bid Security Shall Be Valid One Hundred Twenty Calendar Days From The Date Of Opening Of Bids. 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 (1) Originally Signed Certified True Copy Of The Original Document And Two (2) Duplicate Copies Of The First And Second Components Of Its Bid. Bidder Must Arrange Each Bid Documents Into Sections With Tabs Properly Labeled Separating Each Document According To The Provided Checklist. 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 Pbac; (d)bear The Specific Identification Of This Bidding Process Indicated In The 1.0; And (e)bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, As Specified In The Ib. To : The Provincial Bids And Awards Committee Provincial Environment And Natural Resources Office From : __________________________________________ (name Of Bidder In Capital Letters) Address : ________________________________________ (address Of Bidder In Capital Letters) Project : _____________________________________________ (in Capital Letters, Indicate The Phrase): “do Not Open Before: _____________________________________ 16.deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In The Ib. 17.opening And Preliminary Examination Of Bids 17.1.the Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2.the Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18.domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.detailed Evaluation And Comparison Of Bids 19.1.the Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2.if The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3.the Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4.the Project Shall Be Awarded As Follows: One Project Having Several Items That Shall Be Awarded As One Contract. 19.5.except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20.post-qualification 20.2. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21.signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A.“procurement Of Security Services”; And B.completed Within The Last Five (5) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp Philippines Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or The Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 15 Each Bidder Shall Submit One (1) Originally Signed Certified True Copy Of The Original Document And Two (2) Duplicate Copies Of The First And Second Components Of Its Bid. Bidder Must Arrange Each Bid Documents Into Sections With Tabs Properly Labeled Separating Each Document According To The Provided Checklist 19.3 The Project Will Be Awarded As One (1) Lot. 20.2 No Further Instructions. 21.2 Within Ten (10) Calendar Days From Receipt Of Notice Of Award, Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To Denr. Section Iv. General Conditions Of Contract 1.scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract 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: “the Delivery Terms Applicable To This Contract Are Delivered In Penr Office And Cenr Offices. 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: Miguel L. Vasquez Supply Officer I Chief, General Services Unit Denr Penro Isabela 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 The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions 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 Monthly Payment Shall Be Made Upon Submission Of Complete Documentary Requirements In Accordance With Prevailing Accounting And Auditing Rules And Regulations. 4 Applicable Inspection And Testing Shall Be Conducted By The Inspection And Pre-acceptance Committee Of The Office. Section Vi. Schedule Of Requirements Terms Of Reference Procurement Of Security Services Covering The Period Of January 1, 2025 To December 31, 2025 1.0 Provision Of Security Guards, Including The Submission Of Security Plan A.qualification Of The Security Agency: 1.1 Stability 1.1years Of Experience – At Least Three (3) Years In The Security Business 1.2organizational Setup – In Accordance With Ra No. 5487 And Its Implementing Rules And Regulations 1.3with Valid License To Operate From The Philippine National Police (pnp) – Supervisory Office For Security And Investigation Agencies (sosia) 1.4must Be A Member Of The Philippines Association Of Detective And Protective Agency Operators (padpao); 1.5with Certificate Of Registration In Accordance With Department Of Labor And Employment Department Order No. 18-a, S. 2011 1.2 Resources 1.1number And Kind Of Equipment And Supplies – With The Minimum Number And Kind Of Equipment And Supplies As Specified In Item No. 2.0 1.2number Of Guards – With At Least Ten (10) Security Guards That Are Organic To The Contractor 1.3number Of Supervisors – At Least One (1) Supervisor B.the Contractor Shall Provide Seven (7) Qualified, Bonded, Uniformed, Highly-trained Security Guards Who Must Meet The Following Requirements: I.with At Least Two (2) Years Of Experience In Security Services; Ii.must Have Completed A Private Security Training From A Government Or Duly Registered And Accredited Private Training Institution/s; Iii.must Have Undergone First-aid And Basic-life Support Course Certified By The Philippine National Red Cross; Iv.with Valid License To Exercise Private Security Profession; V.of Good Moral Character And Must Not Have Violated Any Rules And Regulations Under Ra No. 5487 And Its Implementing Rules And Regulations (irr); Vi.fit To Work, As Evidenced By A Medical Certificate Issued Within The Last Two (2) Months (specify That The Security Guard Is Fit To Work); And C.the Contractor Shall Submit Within Three (3) Calendar Days From Receipt Of Notice To Proceed The Employee File Of Each Security Guard With Complete Attachments Such As, But Not Limited To, Resume, Training Certificate, Government-mandated Clearances, Medical Certificate, Physical And Neuro-psychiatric Test Results. D.the Contractor Shall Assign A Supervisor Or Authorized Representative From Its Own Account, Separate From The Deployed Personnel To Monitor The Performance Of The Security Guards And Handle The Consolidation Of Daily Timecards Periodically In Preparation For The Monthly Billing To The Denr Penro Isabela. E.there Shall Be No Employer-employee Relationship Between Denr Isabela And The Security Guards And/or Other Personnel Employed By The Contractor. . F.the Contractor Shall Ensure That Security Guards Perform The Security Services In Accordance With The Service Standards And Conditions Considering The Following: I.security Of Human Resources Ii.security For Physical Resources Iii.contingency Plan For Various Risks Iv.other Related Security Concerns 2.0 Provision Of Uniform, Security Equipment, And Paraphernalia A.the Contractor Shall Ensure That The Security Guards Assigned To The Denr Isabela Shall Observe Proper Philippine National Police - Supervisory Office For Security And Investigation Agencies (pnp-sosia) Prescribed Uniforms. B.the Contractor Shall Provide The Following Security Equipment And Paraphernalia, Which Are Brand New Or In Good Condition: : Item Description Quantity 1 At Least One (1) Set Of Prescribed Uniform, Including Provision Of Face Mask, Per Security Guard 7 Sets 2 Nightstick/baton 3 Whistle 4 Flashlight 5 First-aid Kit 6 Handcuffs 7 Service Firearms -with Necessary License -security Guards Who Shall Be Handling The Firearms Must Have Prior Training One (1) Firearm For Every Security Guards Or As Required 8 Metal Detector 7 9 Raincoat, Rainboots, And Umbrella 7 3.0 Service Standards And Conditions Deployed Security Guards Shall Be Professional And Courteous At All Times. The Expected Service Standards And Conditions Are As Follows: A.security Guards Shall At All Times Ensure The Security Of Denr Isabela Officials And Employees, Physical Resources, And Respond To All Other Security Related Concerns In Accordance With The Approved Security Plan. B.the Contractor Shall Recommend The Enforcement Of Policies, Rules And Regulations Of The Denr Isabela And, Upon The Approval Of The Penr Officer Or Its Authorized Representative, Implement Them In Order To Maintain Peace And Order Within The Denr Isabela Premises. C.whenever Required By The Penr Officer Or The End-users, Or If Deemed Necessary By The Supervisor, The Contractor Shall Investigate Any Security Breach Within The Denr Isabela Premises, Including The Commission Of Any Crime, And Submit A Report To The Penr Officer Through The Chief, Management Services Division (chief, Msd). D.the Contractor Shall Assume Full Responsibility And Undertake To Reimburse The Denr Isabela For Losses, Damages, And Injuries Caused To The Denr Isabela’s Properties And Personnel, Which The Contractor Is Bound To Secure And Protect. E.the Contractor Warrants To Make Available, At All Times, Relievers And/or Replacements To Ensure Continuous And Uninterrupted Services In Case Of Absences, And Shall Execute The Necessary Supervision Over The Work Of Its Personnel. 4.0 General Conditions A.the Denr Isabela Has The Right To Effect Changes In The Assignment/deployment Of The Security Guards At Any Time During The Contract Period Through A Written Notice To The Contractor. Likewise, The Denr Isabela May Increase Or Decrease The Number Of Security Guards As May Be Necessary. In Such An Event, Any Corresponding Adjustment In The Cost Shall Not Exceed The Contract Price. B.the Contractor Shall Not Reshuffle Personnel Without The Prior Clearance/approval Of The Msd Chief Of Denr Isabela Which Hereby Reserves The Right To Reject Any Proposal To Reassign Personnel If Such Reassignment Is Found To Pose An Imminent Danger Or Prejudice To The Service. It Is However Understood That On Matters Of Disciplinary Action Toward The Personnel Of The Contractor, The Msd Chief Shall Cooperate With The Contractor Or Vice Versa By Means Of Mutual Consultation. C.the Contractor Shall Always Make Available Relievers And/or Replacements To Ensure Continuous And Uninterrupted Services. D.the Contractor Agrees That The Denr Isabela, Through The Msd Chief, Reserves The Right To Screen And Accept Or Deny The Deployment Of Any Personnel Recommended By The Contractor. E.the Contractor Shall Pay Its Personnel Not Less Than The Minimum Wage And Other Benefits Mandated By The Laws, Rules And Regulations. The Contractor Shall Provide The Security Guards Their Monthly Pay Slip Containing The Necessary Information On It. The Contractor Shall Comply With The Laws Governing Labor Standards And Employee’s Compensation. A Certificate For This Purpose Shall Be Required From The Contractor. F.the Contractor Shall Provide The Personnel With Appropriate Uniforms, Protective Gear And Ensure That They Shall Observe Proper Personal Hygiene And Always Appear Neat And Clean. G.the Contractor Shall Have At Least One (1) Reliever For The Denr Isabela Available At Any Time To Take Over In Case Of Absence Of Security Personnel At No Extra Cost To The Denr Isabela. No Trainees Shall Be Allowed As A Reliever Even If They Are Allowed And Identified As Such. H.the Contractor Shall Ensure The Confidentiality Of Information. I.the Duration Of The Contract Shall Commence Upon The Receipt Of Ntp Until 31 December 2025. 5.0 Payment Terms A.the Contractor Shall Submit, Along With The Monthly Billing Statement, A Certified True Copy Of Duly Accomplished Payroll Sheet, Receipts, Prescribed Reports Stamped Received By Sss, Pag-ibig, Philhealth, And Ecc As Proof Of Remittances Of Employer’s And Employee’s Contributions For Sss, Philhealth And Pag-ibig Premiums Of The Security Guards Assigned To The Denr Isabela Only. B.the Contractor In The Performance Of Its Services Shall Secure, Maintain At Its Own Expense All Registration, Licenses Or Permits Required By Law, And Shall Comply With All Pertinent Rules And Regulations. The Contractor’s Personnel Shall Take All Necessary Precautions For The Safety Of All Persons And Properties At Or Near Their Area Of Work And Shall Comply With All The Standards And Established Safety Regulations, Rules And Practices. 6.0 Performance Review And Assessment A.the Contractor Shall Maintain A Satisfactory Level Of Performance Throughout The Contract Period Based On The Following Set Of Performance Criteria: Performance Criteria Weight I Conformity To Technical Requirements (25) Ii Timeliness In The Delivery Of Services (25) Iii Behavior Of Personnel (courteous, Professional And Knowledgeable) (20) Iv Response To Complaints (20) V Compliance With Set Office Policies For Such Services (10) Performance Rating Passing Rate: 80 Points B.the Msd Chief Shall Conduct A Periodic Review Using The Above-cited Criteria To Ensure Compliance With The Technical Specifications, As Well As With The Other Terms And Conditions Imposed By The Denr Isabela During The Contract Period. C.further, The Msd Chief Shall Conduct A Mid-term Assessment Or Evaluation Of The Contractor. Based On Its Assessment, The Denr Isabela May Pre-terminate The Contract For Failure Of The Contractor To Perform Its Obligations Thereon Following The Procedures Prescribed Under The Guidelines On Termination Of Contracts Issued By The Government Procurement Policy Board Under Annex “i” Of The Revised Irr Of Ra 9184. Cy2025 Security Services Proposed Deployment Schedule Name Of Office # Hours # Guard Tour Of Duty Penro Isabela Osmeña, City Of Ilagan, Isabela 12 Hrs 2 Mon-sun (6am-6pm; 6pm-6am) Cenro Cabagan Cansan, Cabagan, Isabela 12 Hrs 1 Wed-sun (6pm-6am) Cenro Cauayan Sillawit, Cauayan City, Isabela 12 Hrs 1 Wed-sun (6pm-6am) Cenro Naguilian San Manuel, Naguilian, Isabela 12 Hrs 1 Wed-sun (6pm-6am) Cenro Palanan Dicabisagan West, Palanan Isabela 12 Hrs 1 Wed-sun (6pm-6am) Cenro San Isidro Ramos East, San Isidro, Isabela 12 Hrs 1 Wed-sun (6pm-6am) Total - - - - 7 Note: Schedule Of Tour Of Duty May Change During The Contract Implementation Or Upon The Instruction Of The Head Of The Agency Or Its Authorized Representative. Prepared By: Recommending Approval: Miguel L. Vasquez Luz S. Soriano Supply Officer I Chief, Management Services Division Approved By: Orly T. Cariazo Penr Officer Bidder’s Undertaking I/we, The Undersigned Bidder, Having Examined The Bidding Documents Including Bid Bulletins, As Applicable, Hereby Bid To (supply/deliver/perform/comply) The Above Terms Of Reference I/we Undertake, If Our Bid Is Accepted, To Deliver The Goods/services In Accordance With The Terms And Conditions Contained In The Bid Documents, Including The Posting Of The Required Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award. Until A Formal Contract/order Confirmation Is Prepared And Signed, This Bid Is Binding On Us. ____________________________________________________________ Name Of Company (in Print) ________________________________________ Signature Of Company Authorized Representative ___________________________________________________ Name & Designation (in Print) __________________________________ Section Vii. Technical Specifications Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Technical Specifications Instruction To Bidders: Please Fill Up The Form Accordingly And Sign The Bidder’s Undertaking. Failure To Conform Will Result In A Rating Of “failed”. Project Requirements Bidder’s Statement Of Compliance Procurement Of One (1)-year Security Services For The Department Of Environment And Natural Resources (denr-isabela) Provincial And Community Field Offices For Cy 2025 I Hereby Certify To Comply With The Above Technical Specifications. ____________________________________________________________ Name Of Company (in Print) ________________________________________ Signature Of Company Authorized Representative ___________________________________________________ Name & Designation (in Print) Section Viii. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I.technical Component Envelope Class “a” Documents Legal Documents ⬜ (a)valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b)statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c)statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d)original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e)conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f)original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g)the Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (h)if Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii.financial Component Envelope ⬜ (i)original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (j)original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (k)[for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (l)certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity. Section Ix. Detailed Financial Breakdown Annex I Seven (7) Security Guards For Denr Penro Isabela, Cenro Cabagan, Cenro Cauayan, Cenro Naguilian, Cenro Palanan And Cenro San Isidro No. Of Days/ Year: 394.40 Particulars Shifting/work Schedule (12 Hours Per Shift) I. Amount To Guard (php) Ave. Pay/month (dw * No. Of Days/year / 12) Night Differential (ave. Pay / Month X 10%) Uniform Allowance (r.a. 5487) Overtime Pay 5 Days Incentive Pay (dw * 5 / 12) 13th Month Pay (dw * 365 / 12 / 12) Subtotal I Ii. Amount To Government (php) Retirement Benefit (r.a. 7641) (dw * 22.5 / 12) Sss (employer's Share) (msc * 9.5%) Sss Provident Fund Philhealth (mbs * 5% / 2) State Insurance Pag-ibig Subtotal Ii Iii. Total Amount To Guard And Government (php) = (i + Ii) Iv. Agency Fee (php) (standard Administrative Fee: Minimum Of 20%) V. Value Added Tax (php) = (iv X 12%) Vi. Minimum Rate Per Guard (php) = (iii + Iv + V) Vii. Minimum Monthly Contract Rate (php) = (vi X No. Of Guards) Viii. Annual Bill Rate (php) = (vii X 12 Months) Note: Rounding Off Of Digits Applies Only To The Centavo Part Which Is Nearest To The Hundredths Place (two Decimal Places). _____________________ Name Of Company (in Print) ______________________________________ Signature Of Company Authorized Representative _______________________________________________ Name And Designation (in Print) _____________________________ Date

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Information Technology Equipment And Supplies For Disaster Risk Reduction Emergency Operations Center 1. The Local Government Unit Of Irosin, Through The Ldrrmf 2024/unexpended Balance Drrmf Cy 2022 Intends To Apply The Sum Of Five Hundred Four Thousand Eight Hundred Eighty Pesos (p 504,880.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Information Technology Equipment And Supplies For Disaster Risk Reduction Emergency Operations Center, Good-41-2024. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Information Technology Equipment And Supplies For Disaster Risk Reduction Emergency Operations Center Brief Description: 2units Desktop: All-in-one, I5 Processor, 23.8” Full Hd Borderless Ips Display (non-touch), Windows 11 Home, 8gb Ddr5 Ram 5600, 512gb Ssd, Wireless Keyboard & Mouse, Integrated Wi-fi 7 & Bluetooth, Integrated 5mp Fhd Webcam With Privacy Shutter/ 3pcs External Hard Drive: 2tb, Mechanical Hard Disk, Usb 3.0, 5400rpm, 2.5-inch, 5400 Rpm/4pcs Usb Flash Drive: 64gb, Usb 3.0, Usb 3.0 (backwards Compatible With Usb 2.0), 0.26” X 1.67” X 0.52”, Up To 150mb/s/ 1pc Laptop: I5 Process 120u, 8gb Ram, 512gb Nvme Ssd, 15.6” Display With Ips (in-plane Switching) Technology, Intel ® Graphics, Windows 11 Home, Microsoft Office For Home And Student 2021/ 5units Ups: Run Time For Load 410 W: 0 Min 43s, Main Input Voltage: 230v, Rated Power In W: 410w, Rated Power In Va: 750 Va, Output Connection Type: 4 Iec 60320 C13, Cable Length: 1.22m, Number Of Cables: 1, Battery Type: Lead-acid Battery/ 1pc Printer: A4 Wi-fi Duplex All-in-one Ink Tank Printer, Compact Integrated Tank Design, Print Speeds Up To 10.5ipm For Black And 5.0ipm For Colour, Auto-duplex Printing, Wi-fi & Wi-fi Direct, Borderless Printing Up To A4 Size, Spill-free Ink Refilling/ 1unit Aircon: 2hp Inverter Split Type, Gold In, High Energy Efficiency, Pcb Protection, Refrigerant Leakage Detection, High-grade Plastic Panel (fcu), Powder Painted Metal (cdu), Self-clean, Intelligent Ducting Switch, Emergency Function Use, 4 Way Airflow, Heap Filter/ 3pc 4 Drawer Vertical Cabinet Recessed Handle, Storage Cabinet, Cupboard, Steel Filling Cabinet/ 1pc Black Leather Reclining Executive Chair With Ergonomic Function, Rotatable And Adjustable; With Footrest/3pc Electric Stand Fan; 3pc Industrial Fan: 26” (60mm) Metal Blade, Motor: 250w, 3 Speed, Fan Speed: 1,600rpm, Low Noise, Adjustable Height, Adjustable Panning/oscillation Angle, Cast Iron Base/ 2pc Heavy Duty Industrial Mobile Fan: 24” (600mm) 3-leaf Metal Fan Blade, 170w, 3-speed Settings, Max Speed: 1,110rpm, Max Airflow: 302 M3 /min, 360° Rotation Of The Fan In Its Stand, Non-continuous Rotary Switch, Powder-coated Stand And Drum Enclosure, Sealed Type Bearing Motor, Durable Plastic Side Handles, Mobile Wheel For Easy Transfer, Non-skid Rubber Footing, Equipped With Resettable Thermal Fuse (tco), Double Insulated Ac Cord, Dimensions: 76 X 30 X 76 Cm (l X W X H)/ 1pc Magnetic Whiteboard With Stand: Double Sided (90cm X 120cm)/ 3pc Whiteboard (90cm X 120cm)/ 10pc Storage Box: 155l Approved Budget For The Contract : P 504,880.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Ldrrmf 2024/unexpended Balance Drrmf Cy 2022 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Priveleges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 12, 2024, November 19, 2024 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (p 1,000.00). 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 Not Hold A Pre-bid Conference. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before November 19, 2024, 8:59 Am At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On November 19, 2024, 9:00 Am At The Given Address Below Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 10. The Local Government Unit Of Irosin Reserves The Right To Accept Any And All Bids, Declare A Failure Of Bidding Or Not Award A Contract At Any Time Prior To Contract Award In Accordance With Section 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations(irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11.for Further Information, Please Refer To: Fritzie Riva L. Michelena Mdrrmo Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Issue: November 12, 2024 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & Delivery Of Information Technology And Supplies For Disaster Risk Reduction Emergency Operations Center, With Project Identification Number Good-41-2024. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Nutribun, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding Ldrrmf 2024/unexpended Balance Drrmf Cy 2022 As Indicated Below For In The Amount Of Five Hundred Four Thousand Eight Hundred Eighty Pesos (p 504,880.00). 2.2. The Source Of Funding Is: Ldrrmf 2024/unexpended Balance Drrmf Cy 2022 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Expandable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Not Hold A Pre-bid Conference For This Project. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A.supply & Delivery Of Information Technology Equipment And Supplies For Disaster Risk Reduction Operations Center Brief Description: 2units Desktop: All-in-one, I5 Processor, 23.8” Full Hd Borderless Ips Display (non-touch), Windows 11 Home, 8gb Ddr5 Ram 5600, 512gb Ssd, Wireless Keyboard & Mouse, Integrated Wi-fi 7 & Bluetooth, Integrated 5mp Fhd Webcam With Privacy Shutter/ 3pcs External Hard Drive: 2tb, Mechanical Hard Disk, Usb 3.0, 5400rpm, 2.5-inch, 5400 Rpm/4pcs Usb Flash Drive: 64gb, Usb 3.0, Usb 3.0 (backwards Compatible With Usb 2.0), 0.26” X 1.67” X 0.52”, Up To 150mb/s/ 1pc Laptop: I5 Process 120u, 8gb Ram, 512gb Nvme Ssd, 15.6” Display With Ips (in-plane Switching) Technology, Intel ® Graphics, Windows 11 Home, Microsoft Office For Home And Student 2021/ 5units Ups: Run Time For Load 410 W: 0 Min 43s, Main Input Voltage: 230v, Rated Power In W: 410w, Rated Power In Va: 750 Va, Output Connection Type: 4 Iec 60320 C13, Cable Length: 1.22m, Number Of Cables: 1, Battery Type: Lead-acid Battery/ 1pc Printer: A4 Wi-fi Duplex All-in-one Ink Tank Printer, Compact Integrated Tank Design, Print Speeds Up To 10.5ipm For Black And 5.0ipm For Colour, Auto-duplex Printing, Wi-fi & Wi-fi Direct, Borderless Printing Up To A4 Size, Spill-free Ink Refilling/ 1unit Aircon: 2hp Inverter Split Type, Gold In, High Energy Efficiency, Pcb Protection, Refrigerant Leakage Detection, High-grade Plastic Panel (fcu), Powder Painted Metal (cdu), Self-clean, Intelligent Ducting Switch, Emergency Function Use, 4 Way Airflow, Heap Filter/ 3pc 4 Drawer Vertical Cabinet Recessed Handle, Storage Cabinet, Cupboard, Steel Filling Cabinet/ 1pc Black Leather Reclining Executive Chair With Ergonomic Function, Rotatable And Adjustable; With Footrest/3pc Electric Stand Fan; 3pc Industrial Fan: 26” (60mm) Metal Blade, Motor: 250w, 3 Speed, Fan Speed: 1,600rpm, Low Noise, Adjustable Height, Adjustable Panning/oscillation Angle, Cast Iron Base/ 2pc Heavy Duty Industrial Mobile Fan: 24” (600mm) 3-leaf Metal Fan Blade, 170w, 3-speed Settings, Max Speed: 1,110rpm, Max Airflow: 302 M3 /min, 360° Rotation Of The Fan In Its Stand, Non-continuous Rotary Switch, Powder-coated Stand And Drum Enclosure, Sealed Type Bearing Motor, Durable Plastic Side Handles, Mobile Wheel For Easy Transfer, Non-skid Rubber Footing, Equipped With Resettable Thermal Fuse (tco), Double Insulated Ac Cord, Dimensions: 76 X 30 X 76 Cm (l X W X H)/ 1pc Magnetic Whiteboard With Stand: Double Sided (90cm X 120cm)/ 3pc Whiteboard (90cm X 120cm)/ 10pc Storage Box: 155l 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 Information Technology And Supplies 2units Desktop: All-in-one, I5 Processor, 23.8” Full Hd Borderless Ips Display (non-touch), Windows 11 Home, 8gb Ddr5 Ram 5600, 512gb Ssd, Wireless Keyboard & Mouse, Integrated Wi-fi 7 & Bluetooth, Integrated 5mp Fhd Webcam With Privacy Shutter/ 3pcs External Hard Drive: 2tb, Mechanical Hard Disk, Usb 3.0, 5400rpm, 2.5-inch, 5400 Rpm/4pcs Usb Flash Drive: 64gb, Usb 3.0, Usb 3.0 (backwards Compatible With Usb 2.0), 0.26” X 1.67” X 0.52”, Up To 150mb/s/ 1pc Laptop: I5 Process 120u, 8gb Ram, 512gb Nvme Ssd, 15.6” Display With Ips (in-plane Switching) Technology, Intel ® Graphics, Windows 11 Home, Microsoft Office For Home And Student 2021/ 5units Ups: Run Time For Load 410 W: 0 Min 43s, Main Input Voltage: 230v, Rated Power In W: 410w, Rated Power In Va: 750 Va, Output Connection Type: 4 Iec 60320 C13, Cable Length: 1.22m, Number Of Cables: 1, Battery Type: Lead-acid Battery/ 1pc Printer: A4 Wi-fi Duplex All-in-one Ink Tank Printer, Compact Integrated Tank Design, Print Speeds Up To 10.5ipm For Black And 5.0ipm For Colour, Auto-duplex Printing, Wi-fi & Wi-fi Direct, Borderless Printing Up To A4 Size, Spill-free Ink Refilling/ 1unit Aircon: 2hp Inverter Split Type, Gold In, High Energy Efficiency, Pcb Protection, Refrigerant Leakage Detection, High-grade Plastic Panel (fcu), Powder Painted Metal (cdu), Self-clean, Intelligent Ducting Switch, Emergency Function Use, 4 Way Airflow, Heap Filter/ 3pc 4 Drawer Vertical Cabinet Recessed Handle, Storage Cabinet, Cupboard, Steel Filling Cabinet/ 1pc Black Leather Reclining Executive Chair With Ergonomic Function, Rotatable And Adjustable; With Footrest/3pc Electric Stand Fan; 3pc Industrial Fan: 26” (60mm) Metal Blade, Motor: 250w, 3 Speed, Fan Speed: 1,600rpm, Low Noise, Adjustable Height, Adjustable Panning/oscillation Angle, Cast Iron Base/ 2pc Heavy Duty Industrial Mobile Fan: 24” (600mm) 3-leaf Metal Fan Blade, 170w, 3-speed Settings, Max Speed: 1,110rpm, Max Airflow: 302 M3 /min, 360° Rotation Of The Fan In Its Stand, Non-continuous Rotary Switch, Powder-coated Stand And Drum Enclosure, Sealed Type Bearing Motor, Durable Plastic Side Handles, Mobile Wheel For Easy Transfer, Non-skid Rubber Footing, Equipped With Resettable Thermal Fuse (tco), Double Insulated Ac Cord, Dimensions: 76 X 30 X 76 Cm (l X W X H)/ 1pc Magnetic Whiteboard With Stand: Double Sided (90cm X 120cm)/ 3pc Whiteboard (90cm X 120cm)/ 10pc Storage Box: 155l 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Three(3) Months. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Three(3) Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Applicable Provided That Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Information Technology Equipment And Supplies If It Follows The Technical Specification Set By The End-user Units. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Desktop All-in-one 2unit 2 External Harddrive 3pcs 3 Usb Flashddrive 4pcs 4 Laptop 1 Pc 5 Ups 5unit 6 Printer 1pc 7 Aircon 1unit 8 4 Drawer Vertical Cabinet 3pcs 9 Reclining Executive Chair 1pc 10 Electric Stand Fan 3pcs 11 Industrial Fan 3 Pcs 12 Heavy Duty Industrial Mobile Fan 2pcs 13 Magnetic Whiteboard With Stand 1pc 14 Whiteboard 3pcs 15 Storage Box 10pcs Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 Desktop All-in-one 2 External Harddrive 3 Usb Flashdrive 4 Laptop 5 Ups 6 Printer 7 Aircon 8 4 Drawer Vertical Cabinet 9 Reclining Executive Chair 10 Electric Stand Fan 11 Industrial Fan 12 Heavy Duty Industrial Mobile Fan 13 Magnetic Whiteboard With Stand 14 Whiteboard 15 Storage Box Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement Stamped, Received By The Bir Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing The Total Assets And Liabilities Which Should Not Be Earlier Than Two(2) Years From The Date Of Bid Submission Class “b” Documents ⬜ (i) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (k) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (l) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (m) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sugn Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Lorenzo G. Ubalde Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor Technical Specifications Item No. Item Statement Of Compliance (comply/not Comply) Prepared By: ______________ Proprietor

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

Details: Description Section Ii. Instructions To Bidders 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 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) (v) “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; “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In 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) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors, And Controlling Shareholders Or Members; And (de 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 Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To The Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index. However, Contractors Under Small A And Small B Categories, Without Similar Experience On The Contract To Be Bid May Be Allowed To Bid If The Cost Of Such Contract Is Not More Than Fifty Percent (50%) Of The Allowable Range Of Contract Cost (arcc) Of Their Registration Based On The Guidelines As Prescribed By The Pcab. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc), Which Must Be At Least Equal To The Abc To Be Bid, As Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filing And Payment System (efps). 6. Bidders 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; And (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, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract And/or To Represent The Bidder In The Bidding, Accompanied By The Duly Notarized Special Power Of Authority (spa) And The Duly Notarized Secretary’s Certificate, Board/ Partnership Resolution Whichever Is Applicable 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 Ra 9184 In Relation To Other Provisions Of Republic Act 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, If Applicable Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder, 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 For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The 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. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 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 Unless Otherwise Indicated In The Bds, 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 The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For 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. 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 11.1 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 In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) (ii.2) (ii.3) (ii.4) (ii.5) (ii.6) (ii.7) (ii.8) (ii.9) (ii.10) (ii.11) (ii.12) (ii.13) Name Of The Contract; Date Of The Contract; Contract Duration; Owner’s Name And Address; Nature Of Work; Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; Total Contract Value At Award; Date Of Completion Or Estimated Completion Time; Total Contract Value At Completion, If Applicable; Percentages Of Planned And Actual Accomplishments, If Applicable; Value Of Outstanding Works, If Applicable; The Statement Of The Bidder's Slcc Shall Be Supported By The Notices Of Award And/or Notices To Proceed, Project Owner's Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Contractors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted Issued By The Owners; And Unless Otherwise Provided In The Bds, A Valid Special Pcab. License In Case Of Joint Ventures, And Registration For The Type And Cost Of The Contract For The Project; And (iii) Nfcc Computation In Accordance With Itb Clause 5.5; And Class "b" Document: (iv) If Applicable, Valid Joint Venture Agreement (jva) In Accordance With Ra 4566 Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check Issued By A Universal Or Commercial Bank, Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank And If Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.3) A Surety Bond Accompanied By A Certification Coming From The Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (i.4) Bid Securing Declaration (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. These Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds, And (ii.3) List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project As The Case May Be, Which Must Meet The Minimum Requirements For The Contract Set In The Bds, And (iii) Sworn Statement In Accordance With Section 25.3 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 Which Includes Bid Prices And The Bill Of Quantities, In Accordance With Itb Clause 15.1 And 15.3; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2 Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted 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) Or A Dash (-) 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 Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 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 Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated 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) (iv) Has A Finding Against The Veracity Of The Required Documents Submitted In Accordance With Itb Clause 28.2. Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; Or (v) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 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 And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail 19.4 Each And Every Page Of The Bid Form, Including The Bill Of Quantities, Under Section Ix Hereof, Shall Be Signed By The Duly Authorized Representative Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 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 20.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website And The Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed” 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13,2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.4 24.5 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. All Members Of The Bac Who Are Present During Bid Opening Shall Initial Every Page Of The Original Copies Of All Bids Received And Opened. 24.6 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). 24.7 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. 24.8 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 24.9 24.10 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. The Bidders Or Their Duly Authorized Representatives May Attend The Opening Of Bids. The Bac Shall Ensure The Integrity, Security, And Confidentiality Of All Submitted Bids. The Abstract Of Bids As Read And The Minutes Of The Bid Opening Shall Be Made Available To The Public Upon Written Request And Payment Of A Specified Fee To Recover Cost Of Materials. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. 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. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. 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. 27.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form, Which Includes The Bill Of Quantities. 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 Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And, (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184 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. Which Shall Be Completed Within A Period Of Twelve (12) Calendar Days. 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 28.7 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Event Of Disapproval, Which Shall Be Based On Valid, Reasonable, And Justifiable Grounds As Provided For Under Section 41 Of The Irr Of Ra 9184, The Hope Shall Notify The Bac And The Bidder In Writing Of Such Decision And Grounds For It. When Applicable, The Bac Shall Conduct A Post-qualification Of The Bidder With The Next Lowest Calculated Bid. A Request For Reconsideration May Be Filed By The Bidder With The Hope In Accordance With Section 37.1.3 Of The Irr Of Ra 9184. 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 In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 30. Contract Award 301. 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 Ten (10) Calendar Days From Receipt Of The Notice Of Award. (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, As Provided In Section 37.3 Of The Irr Of Ra 9184. 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) Notice Of Award Of Contract; And (f) 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 Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Not Less Than The Percentage Of The Total Contract Price In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (not Less Than The Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank 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) Performance Securing Declaration (psd) None 32.2 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The 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 Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Five (5) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Barangay Odiongan, Badiangan, Iloilo. The Name Of The Contract Is: Improvement Of Water System, Brgy. Odiongan, Badiangan, Iloilo. Project Identification No. 2024-041-b-pa 2.0 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo In The Amount Of P 800,000.00 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Prospective Bidder Must Have An Experience Of Having Completed At Least One (1) Contract That Is Similar To The Contract To Be Bid, And Whose Value, Adjusted To Current Prices Using The Psa Consumer Price Indices, Must Be At Least Fifty Percent (50%) Of The Abc To Be Bid. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 No Further Instructions. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mr. Humbert S. Recomono Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09198501252 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized. 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b)(ii.2) The Minimum Key Personnel Requirements For The Project Are: Construction Foreman Skilled Worker Laborer Itb Clause 12.1(b)(ii3) Following Is The Minimum Major Equipment Requirements, Which Are Owned, Leased And/or Under Purchase Agreement Which Are To Be Exclusively Used For The Project: None 13.1 (a) Financial Bid Shall Be Accompanied With Detailed Estimates Or Unit Cost Analysis. Otherwise It Will Be Considered Incomplete Bid. 13.1(b) This Shall Include All Of The Following Documents: 1.) Bid Prices In The Bill Of Quantities; 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; And 3.) Cash Flow By Month Or Payment Schedule 13.2 The Abc Of This Project Is Php. 800,000.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 No Further Instructions. 15.2 All Unit Cost In The Bill Of Quantities Shall Be Filled Up In Words And In Figures. Otherwise It Will Be Considered Incomplete Bid. 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. P (5% Of Abc), If Bid Security Is In Surety Bond; 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: November 25, 2024; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: November 25, 2024; 9:00 A.m. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(b) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 31.4(g) The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: 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 Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Not Less Than The Percentage Of The Total Contract Price In Accordance With The Schedule In Itb Clause 32.2. 33.2 The Effective Date Of The Contract Is Five (5) Calendar Days After Bidders Receipt Of The Notice To Proceed. Section Iv. General Conditions Of Contract 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 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. 1.14 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. 2.0 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 Obligation 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 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The 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 Extension. 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 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 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 40.1. 10. Site Investigations Report(s) 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 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. 12.3 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 Amount Of Warranty Security Not Less Than The Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By A 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 A Universal Or Commercial Bank: Provided, However, That The Bank Guarantee 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 As Authorized To Issue Such Security. Thirty Percent (30%) 12.7 The Warranty Security Shall Be Denominated In Philippine Pesos And Shall Remain Effective For One (1) 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 17.1 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. 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 And Coercive Practices As Defined In Itb Clause 3.1(a); (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 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: (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 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. 19.2 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 Constructor 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-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. 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 Scc 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’s. 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 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. Unless Specified In The Scc, 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. 27.1 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. Contractors 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 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. 29.2 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. 29.3 The Contractor Shall Be Paid For Dayworks 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; And If Allowed, Any Compensation Event. 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 Conference 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 Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 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 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. 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 Scc Clause 42.2. 42.2 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 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 Implementing Official 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 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. 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 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 Unless Otherwise Specified In The Scc. 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. Section V – Special Conditions Of Contract Scc Clause 1.17 The Contract Duration For This Project Is Ninety (90) Calendar Days, The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.22 The Procuring Entity Is Barangay Odiongan, Badiangan, Iloilo. 1.23 The Procuring Entity’s Representative Is Hon. Mario Hupanda, Punong Barangay. 1.24 The Site Of The Project Is At Brgy. Odiongan, Badiangan, Iloilo. 1.28 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.31 The Works Include Project Billbaord, Well Development & Purchase Of 2 Hp Submersible Motor Pump. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contract. 6.5 The Contractor Shall Employ The Following Minimum Key Personnel: Construction Foreman Skilled Worker Laborer 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 None 10 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 12.5 Five (5) Years. 13 No Additional Provisions. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. Scc Clause 34.3 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo. 37.1 No Further Instructions. 39.1 The Amount Of Advance Payment Shall Be Equivalent To Fifteen Percent (15%) Of The Total Contract Price. 40.1 No Further Instructions. 40.3 No Further Instructions. 42.2 No Further Instructions. 43 For Variation Orders, The Contractor Shall Be Paid For Additional Work Items Whose Unit Prices Shall Be Derived Based On The Following: A) For Additional/extra Works Duly Covered By Change Orders Involving Work Items Which Are Exactly The Same Or Similar To Those In The Original Contract, The Applicable Unit Prices Of Work Items Original Contract Shall Be Used. B) For Additional/extra Works Duly Covered By Extra Work Orders Involving New Work Items That Are Not In The Original Contract, The Unit Prices Of The New Work Items Shall Be Based On The Direct Unit Costs Used In The Original Contract (e.g, Unit Cost Of Cement, Rebars, Form Lumber, Labor Rate, Equipment Rental, Etc.). All New Components Of The New Work Item Shall Be Fixed Prices, Provided The Same Is Acceptable To Both The Government And The Contractor, And Provided Further That The Direct Unit Costs Of New Components Shall Be Based On The Contractor’s Estimate As Validated By The Procuring Entity Concerned Via Documented Canvass In Accordance With Existing Rules And Regulations. The Direct Cost Of The New Work Item Shall Then Be Combined With The Mark-up Factor (i.e., Taxes And Profit) Used By The Contractor In His Bid To Determine The Unit Price Of The New Work Item. 48 No Further Instructions. 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 Twenty Five Thousand Pesos (p 25,000.00). Section Vi – Specifications Please Refer To The Attached Plans And Specifications Included As Part Of The Bidding Documents. Section Vii – Drawings Insert Here A List Of Drawings. The Actual Drawings, Including Sites Plans, Should Be Attached To This Section Or Annexed In A Separate Folder. Plans For Project Identification No. 2024 – 041 – B - Pa Are Attached. 7please See On This Folder Plan For Project Identification No. 2024 – 041 - B - Pa Section Viii – Bill Of Quantities Bid No. 2024 – 041 – B - Pa Improvement Of Water System, Brgy. Odiongan, Badiangan, Iloilo. Name Of Bidder ______________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Description Quantity Unit Unit Cost Total Cost I. Project Billboard 2 Each Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Each P …………………………..…….. Total P Ii. Well Development W/ Grouted Riprap Spcl 1 Construction Of Dugwell 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P Spcl 2 Construction Of Concrete Stairs, Slab And Dugwell 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P Spcl 3 Pumping Test (96hrs., Continuous Pump Operation) 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P Iii. Purchase Of 2 Hp Submersible Pump 1 Unit Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Unit P …………………………..…….. Total P Total Bid Cost In Figures P …………………………..…….. Total Bid Cost In Words …………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ____________________________ Date Summary Of Costs Project Identification No. 2024 – 041 - B - Pa Improvement Of Water System, Brgy. Odiongan, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Project Billboard P Ii) Well Development W/ Grouted Riprap Ii.1) Construction Of Dugwell P I1.2) Construction Of Grouted Riprap P Ii.3) Construction Of Concrete Stairs, Slab And Dugwell P Ii.4) Pimping Test (96hrs., Continuous Pump Operation) P Iii) Purchase Of 2 Hp Submersible Pump P Total Bid Amount P Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ___________________________ Date Section Ix - Forms Bid Form (project Identification No. 2024 – 041 - B - Pa) _________________ Date To: [name And Address Of Procuring Entity] Sir/ Madam: We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Improvement Of Water System, Brgy. Odiongan, Badiangan, Iloilo. (name Of Project) 1. We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein, Accompanying This Bid. The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (d) Below Is: _______________( Amount In Words And Figures)________________________________. The Discounts Offered And The Methodology For Their Application For This Contract Are: None The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: (specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein And Reflected In The Detailed Estimates, 2. 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; 3. If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit Within Ten (10) Days After Our Receipt Of The Said Notice To Submit The Required Performance Security In The Form Of _______________, Which Is Equivalent To _______percent Of The Contract Price For The Due Performance Of The Contract And Other Documents Prescribed In The Bidding Documents And To Sign The Contract Agreement. 4. 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; 5. Our Firm, Its Facilities Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Local Government Of Badiangan, Iloilo; 6. We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And 7. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. 8. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents 9. We Likewise Certify/ Confirm That The Undersigned, [ For Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuring Contract. On The Latter's Behalf For The [name Of Project] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuring Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity] 10. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices And Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity : Signature: Duly Authorized To Sign The Bid In Behalf Of: Date : Omnibus Sworn Statement Republic Of The Philippines ) Iloilo City ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [ Name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name & Address (d) Nature Of Work, (e) Contractor’s Role, (f) Total Contract Value, (g) Percentages Of Planned And Actual Accomplishments, And (h) Value Of Outstanding Works. The Statement Shall Be Supported By A Notice Of Award Or Notice To Proceed Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Government And Private Contracts Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name And Address (d) Nature Of Work, E) Contractor’s Role, And (f) Total Contract Value At Completion. The Statement Shall Be Supported By The Certificates Of Completion And Acceptance Issued By The Owner; Or Constructors Performance Evaluation System (cpes) Rating Sheets & Notice To Proceed Issued By The Owner. (latest) Financial Documents 4 The Prospective Bidder's Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (latest) Technical Documents 1 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. 2 Organizational Chart For The Project 3 4 List Of Contractor’s Personnel (ex., Project Manager, Project Engineers, Materials Engineers, And Foremen, To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Data 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 During The Duration Of The Project. 5 Authority Of The Signatory 6 7 8 Sworn Statement By The Propective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Affidavit Of Site Inspection. Duly Signed Construction Safety And Health Program. Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Second Envelope Financial Documents 1 Duly Signed Form Of Bid 2 3 4 Duly Signed Bid Prices In The Bill Of Quantities Duly Signed Detailed Estimates Duly Signed Cash Flow By Month And Payment Schedule

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Repair And Rehabilitation Of Mapanas-rhu Barangay Del Norte, Mapanas Northern Samar Contract Reference No. 2024-11-094 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: Repair And Rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas N. Samar. The Lgu- Mapanas, Northern Samar, Through The Ldrrm Fund Of Fy 2023 Intends To Apply The Sum Of One Million Forty Nine Thousand Pesos 57/100 Only (p1,049,465.57) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas N. 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 Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas, N. Samar. B. 5 Project Billboard/signboard 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization And Demobilization 1.00 Lot 801(7)a Removal Of Structures And Obstruction 1.00 Is 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. 902(1) A Reinforcing Steel, Deformed Grade 40 541.72 Kg 903 Formworks And Falseworks 53.38 Sq.m. 1047 Metal Structures 84.00 In.m 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. 1046 Masonry Works 75.60 Sq.m. 1003 Carpentry And Joinery Works 38.78 Sq.m. 1005 Doors And Windows 3.00 Sets 1002 Plumbing Works 1.00 Lot 1032 Painting Varnishing And Other Related Works 411.00 Sq.m. 1101 Wires And Wiring Devices 1.00 Is 1002 (1) Panel Board With Main Breaker And Branc 1.00 Is 1103 Lighting Fixtures And Lamps 1.00 Is Spcl1 Signages 1.00 Lot 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 November 06, 2024-november 26, 2024, 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- Mapanas, Northern Samar Will Hold A Pre-bid Conference On November, 15, 2024 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 November 26, 2024 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 November 26, 2024 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 Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas, N. Samar. B. 5 Project Billboard/signboard 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization And Demobilization 1.00 Lot 801(7)a Removal Of Structures And Obstruction 1.00 Is 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. 902(1) A Reinforcing Steel, Deformed Grade 40 541.72 Kg 903 Formworks And Falseworks 53.38 Sq.m. 1047 Metal Structures 84.00 In.m 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. 1046 Masonry Works 75.60 Sq.m. 1003 Carpentry And Joinery Works 38.78 Sq.m. 1005 Doors And Windows 3.00 Sets 1002 Plumbing Works 1.00 Lot 1032 Painting Varnishing And Other Related Works 411.00 Sq.m. 1101 Wires And Wiring Devices 1.00 Is 1002 (1) Panel Board With Main Breaker And Branc 1.00 Is 1103 Lighting Fixtures And Lamps 1.00 Is Spcl1 Signages 1.00 Lot 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 November 06, 2024-november 25, 2024, 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 November 15, 2024 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 November 26, 2024 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. 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 Repair/rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2024-11-094___ 2 The Funding Source Is: Trust Fund (edf) For Fy 2023. The Name Of The Project Is: Repair/rehabilitation Of Mapanas Rhu, 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 November 15, 2024 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 Php1,049,465.57 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 120 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 20,989.31 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P52,473.28 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 November 26, 2024. 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 November 26, 2024 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 Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas, N. Samar. B. 5 Project Billboard/signboard 1.00 Lot Lot B.7 Construction Safety And Health 1.00 Lot Lot B.9 Mobilization And Demobilization 1.00 Lot Lot 801(7)a Removal Of Structures And Obstruction 1.00 Is Is 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. Cu.m. 902(1) A Reinforcing Steel, Deformed Grade 40 541.72 Kg. Kg 903 Formworks And Falseworks 53.38 Sq.m. Sq.m. 1047 Metal Structures 84.00 In.m. In.m 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. Sq.m. 1046 Masonry Works 75.60 Sq.m. Sq.m. 1003 Carpentry And Joinery Works 38.78 Sq.m. Sq.m. 1005 Doors And Windows 3.00 Sets Sets 1002 Plumbing Works 1.00 Lot Lot 1032 Painting Varnishing And Other Related Works 411.00 Sq.m. Sq.m. 1101 Wires And Wiring Devices 1.00 Is Is 1002 (1) Panel Board With Main Breaker And Branc 1.00 Is Is 1103 Lighting Fixtures And Lamps 1.00 Is Is Spcl1 Signages 1.00 Lot Lot 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 Skilled Workers 3 Welder 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: Repair/rehabilitation Of Mapanas Rhu Location : Brgy. Del Norte, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billborad/signboard 1.00 Lot A. Material A. Tarpaulin ( 4’x8’) 1.00 Set B. Plywood Marine (1/4”x1.2mx2.44) 1.00 Pc C. Coco Lumber, 2”x3”x12” 42.00 Bd.ft. D. Common Nails Assorted 0.50 Kg B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) (1 Gang = Foreman 1 Carpenter, 1 Laborer 1.00 1.00 E. Labor Requirement Foreman 1.00 1.00 Skilled Carpenter 1.00 1.00 Unskilled 1.00 1.00 B. 7 Construction Safety And Health 1.00 Lot A Material A. Safety Helmet 5.00 Pc B. Safety Shoes 5.00 Pc C. Safety Vest 5.00 Pc D. Working Gloves 5.00 Pc E. Face Mask (surgical/cloth) 5.00 Box F. Eye Goggles 5.00 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 B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) E. Labor Requirement A. Safety Officer 1.00 15.00 B. Health Personnel (full Time First Aider) 1.00 15.00 C. Sanitation Aide 1.00 15.00 B. 9 Mobilization And Demobilization 1.00 Lot A. Material B. Freight And Handling C. Name And Capacity Equipment Cargo/service Truck (2-5mt) 1.00 2.00 D. Labor Derivation (subsidiary Work Description) E. Labor Requirement 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. A. Material A Portland Cement, Typ1 1 83.00 Bag B. Gravel, ¾” 8.00 Cu.m. C. Sand, Washed 5.00 Cu.m. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) E. Labor Requirement Foreman 1.00 2.00 Skilled Mason 2.00 2.00 Unskilled 8.00 2.00 I Total Estimated Direct Cost Ii Indirect Cost Ocm (up To 12-15%) Contractor’s Profit Cost (8-10%) Vat (5%) Iii A. Material A. Rsb, Deformed, 10mmo 34 Pcs B. Rsb, Deformed, 12mmo 78 Pcs. C. Tie Wire# 16 10.00 Kg B. Freight And Handling C. Name And Capacity Of Equipment Bar Cutter, Single Phase 1.00 2.00 D. Labor Derivation (subsidiary Work Description) (1 Gang=1-foreman, 1 Steelman, 1-laborer 80kgs/day/gang 541.72 80.00 E. Labor Requirement Foreman 1 2.00 Skilled Steel Man 4.00 2.00 Unskilled 4.00 2.00 I Total Estimated Direct Cost Ii Indirect Cost Ocm (up To 12-15%) Contractor’s Profit, Cost (8-10%) Vat (5%) 1047 Metal Structures A. Material A. Tubular 2”x4”x6m 14.00 Pc B. Sliding Mechanism 1.00 Set C. Grinding Desk 8.00 Pc D. Cutting Desk 20.00 Pc E. Welding Rod 25.00 Kg F. Paint Red Lead 1.00 Gal G. Paint Brush, 2” 4.00 Pc H. Epoxy Paint Finish 2.00 Gal I. Barrel Bolt Set Padlock 1.00 Set B. Freight And Handling C. Name And Capacity Of Equipment Welding Machine, Electric Driven/dc Outpit 1.00 10.00 D. Labor Derivation (subsidiary Work Description) 84.00 9.00 E. Labor Requirement Foreman 1.00 10.00 Skilled Welder 2.00 10.00 Unskilled 3.00 10.00 I Total Estimated Direct Cost Ii Indirect Cost Ocm (up To 12-15%) Contractor’s Profit Cost (8-10%) Vat (5%) 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. A. Pre-painted Metal Roofing Sheet Ga. 24x2.44m.) 9.00 In.m. B. J Bolt 1/4x21”, With Nut And Bonded Washer 72.00 Pc. C. Touchup Paint 4.00 L D. Paint Brush, 2” 2.00 Pc E. Pre-painted Metal Ridge Cap Ga. 24x2.44m 6.00 Pc F. Pre-painted Metal End Wall Flashing Ga. 24x2.44m 3.00 Pc G. Pre-painted Metal Gutter Ga. 24x2.44m 18.00 Pc B. Freight And Handling C. Name And Capacity Of Equipment A.scaffolding 1.00 3.00 D. Labor Derivation (subsidiary Work Description) Roofing Sheets Installation Install: 1 Gang= 1foreman, 1 Carpenter, 3- Laborers 9.00 20.00 Roofing Gutter, Wall Flashing And Ridge Cap Installation Install: 1 Gang=1-foreman, 1-carpenter, 3-laborers Capability: 12 Pcs/day/gang 27.00 12.00 E. Labor Requirement Foreman 1.00 3.00 Skilled Carpenter 1.00 3.00 Unskilled 3.00 3.00 I. Total Estimated Direct Cost Ii. Indirect Cost Ocm (up To 12-15%) Contractor’s Profit Cost (8-10%) Vat (5%) 1046 Masonry Works 75.60 Sq.m. A Material Chb Laying A. Chb Ordinary, 4” 331.00 Pc. B. Portland Cement, Type I 20.00 Bag C. Sand, Washed 1.00 Cu.m. D. Rsb, Deformed, 10mmo 18.00 Pcs. E. Tie Wire # 16 5.00 Kg F. Hacksaw Blade, Heavy Duty 2.00 Pc. G. Concrete Baluster 306 Pcs. Plastering A. Portland Cement, Type 1 10.00 Bag B. Sand, Washed 1.00 Cu.m. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Chb Laying Install 1 Gang= 1-foreman, 2 Mason, 3 Laborers Capacity, 230 Pcs. Chb /day/gang 331.00 1.00 Chb Plastering Install: 1 Gang= 1 Foreman, 2-mason, 3 Laborers Capability: 12 Sq.m/day/gang 50.00 1.00 Baluster Laying Install: 1 Gang=1 Foreman, 2-mason, 3-laborers Capability: 130 Pcs Chb/day/gang 306.00 1.00 E. Labor Requirement Chb Laying Foreman 1.00 2.00 Skilled Mason 2.00 2.00 Unskilled 3.00 2.00 Chb Plastering Foreman 1.00 5.00 Skilled Mason 2.00 5.00 Unskilled 2.00 5.00 Baluster Laying Foreman 1.00 3.00 Skilled Mason 2.00 3.00 Unskilled 3.00 3.00 1003 Carpentry And Joinery Works 38.78 Sq.m. A. Material Ceiling A. Plywood Marine (1/4”x1.2mx2.44m) 14.00 Pc. B. Lumber Good ( Joist) 179.00 Bd.ft. C. Assorted Cwn (1 Kg.)/100 Bd. Ft. Of Lumber) 2.00 Kg D. Assorted Finishing Nails 2.00 Kg. E. Concrete Nails Assorted 1.00 Kg. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Ceiling Installation Install: 1 Gang=1 Foreman, 2-carpenters , 2 Laborers Capacity: 15 Sq.m/day/gang 38.78 15.00 E. Labor Requirement Foreman 1.00 3.00 Skilled Carpenter 2.00 3.00 Unskilled 2.00 3.00 1005 Doors And Windows 3.00 Sets A. Material Doors A. D1-powder Coated Aluminum Casement Door (2.1mx2.1m, W/0.4m. Transom) Aluminum Glass Door 4.41 2.00 Sets D2-panel Door For Pwd C.r. With Kick Plate (0.9mx2.1m, W/0.4m Transom) Flush Door 1.89 1.00 Sets 8.82 1.89 Sq.m. Sq.m. B. Lever-type Plush Botton Door Knob 5.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Door Installation Install: 1 Gang = 1-foreman, 1-skilled, 1 Laborer Capability: 10 Sq.m. (doors)day/gang 15.71 10.00 Jamb Installation Install:1 Gang= 1 Foreman, 1 Skilled, 1 Laborer Capability: 4 Sets (jamb) Day/gang 4.00 Window Installation Install: 1 Gang= 1-foreman, 1 Skilled, 1 Laborer Capability: 2.88 Sq.m. (window) /day/gang 2.00 E. Labor Requirement Foreman 1.00 2.00 Skilled Carpenter 1.00 2.00 Unskilled 1.00 2.00 1002 Plumbing Works 1.00 Lot A. Material Cold Water Line A. Pvc Pipes (25.4mm D) 2.00 Pc B. Pvc Pipes (12.7mm D) 6.00 Pc. C. Pvc Coupling (12.7mm D) 3.00 Pc Sewer Line Works D Pvc Elbow (50mm D) 16.00 Pc E. Upvc Pipe, 50mm Dia.x 3m, 5-1000 32.00 Pc F. Solvent Cement, 400cc 2.00 Can Fixtures G. Grab Bar Inwall Support W/ Lift Up Function 32 1.00 Set H. Wall Faucet, ½”x 4”, Stainless Steel 6.00 Pc I. Tissue Holder, Stainless Steel 304, Wall Mounted 1.00 Set J. Soap Holder 1.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Plumbing Installation Install: 1 Gang = 1-foreman, 1 Plumber, 1-laborer Capacity: 8 Pcs. Pipes /day/gang E. Labor Requirement Foreman 1.00 6.00 Skilled Plumber 1.00 6.00 Unskilled 1.00 6.00 1032 Painting, Varnishing And Other Related Works A. Material Concrete/masonry Walls/ceiling A. Concrete Neutralizer 9.00 Gal B. Skimcoat, 20kg 11.00 Bag C. Acrylic, Solvent Based Paint 14.00 Gal D. Paint Latex Flat Elastomeric 14.00 Gal E. Sand Paper 125.00 Pc. F. Paint Brush, 2” 20.00 Pc. G. Paint Roller 20.00 Pc. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Plumbing Installation Install : 1 Gang = 1 Foreman, 1-paintor, 1-laborer, Capability: 30 Sq.m. (roller)/day/gang 411.21 30.00 E. Labor Requirement Foreman 1.00 7.00 Skilled Painter 2.00 7.00 Unskilled 2.00 7.00 1101 Wires And Wiring Devices A. Material A. Electric Wires Thnn/thhn 3.5 Mm2 150.00 M B. Electric Wires Thwn/thhn 5.5mm2 50.00 M Wiring Devices E Electrical Tape ¾”x20yds 2.00 Pc. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Wirings Install: 1 Gang= 1 Foreman, 1electrician, 1 Laborer Capability: 144m/day/gang 200.00 144.00 E. Labor Requirement Foreman 1.00 2.00 Skilled Electrician 1.00 2.00 Unskilled 1.00 2.00 1002 (1) Panel Board With Main Breaker And Branches A. Material A. Panel Board & Cabinets, 2p Main With 6br/2p Bolt On Type 1.00 Set B. Rated 60amp-manual Transfer Switch Breaker Type Nema3 Enclosure 1.00 Set C. 15at,2p,60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 2.00 Set D. 20at, 2p, 60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 2.00 Set E. 30at, 2p, 60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 2.00 Set F. 60at, 2p, 60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 1.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Panel Board Installation Install: 1gang = 1foreman, 1-electrician, 1-laborer Capability : 1 Set/day/gang 2.00 1.00 E. Labor Requirement Foreman 1.00 2.00 Skilled Electrician 1.00 2.00 Unskilled 1.00 2.00 1103 Lighting Fixtures And Lamps 1.00 Is A. Material A. Solar Lights Lantern Type 22.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Lighting Fixtures Installation Install: 1 Gang =1-foreman, 1-electrician, 1 Laborer Capacity: 8 Pcs/day/gang 22.00 8.00 E. Labor Requirement Foreman 1.00 3.00 Skilled Electrician 1.00 3.00 Unskilled 1.00 3.00 801 (7) A Removal Of Structures And Obstruction 1.00 Is A. Material B. Freight And Handling C. Name And Capacity Of Equipment Welding Machine, Electric Driven/dc Output 1.00 3.00 Cutting Output 1.00 3.00 Cargo/service Truck (2-5 Mt) 1.00 1.00 D. Labor Derivation (subsidiary Work Description) Removal Of Steel Railings Install: 1 Gang = 1foreman, 1 Electrician, 1 Laborer 17.00 8.00 Removal Of Ceiling, Gutter And Roofing Install : 1 Gang= 1 Foreman, 1 Electrician, 1-laborer Capacity: 25 Sq.m./day/gang E. Labor Requiremnt Foreman 1.00 16.00 Skilled Electrician 1.00 16.00 Unskilled 1.00 16.00 Spcl-1 Signages 1.00 Lot A. Material Municipal Signages Pana Flex W/ Electrical Wiring 1.00 Lot B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Installation Of Signages Install: 1 Gang= 1foreman: 1-electrician, 1 Laborer Capability: 4 Set/day/gang 8.00 4.00 Wirings Install: 1 Gang= 1 Foreman, 1-electrician, 1-laborer Capability: 144m/day/gang 150.00 144.00 E. Labor Requirement Foreman 1.00 4.00 Skilled Electrician 1.00 4.00 Unskilled 1.00 4.00 Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Repair And Rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas, N. Samar B.5 Project Billboard 1.00 Lot 5,364.36 5,364.36 B.7 Construction Safety And Haelth 1.00 Lot 39,087.00 39,087.00 B.9 Mobilization And Demobilization 1.00 Lot 12,528.00 12,528.00 801(7)a Removal Of Structures And Obstruction 1.00 Is 44,152.56 44,152.56 900(1)c.1 Structural Concrete (class A), 28 Days 9.15 Cu.m. 7,460.98 68,268.00 902(1) A Reinforcing Steel Deformed Grade 40 541.72 Kg. 75.61 40,958.24 903 Formworks And Falseworks 53.38 Sq.m, 633.38 33,806.56 1047 Metal Structures 84.00 In.m. 1,316.02 110,546.00 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. 3,893.42 35,040.80 1046 Masonry Works 75.60 Sq.m. 1,946.65 147,166.40 1003 Carpentry And Joinery Works 38.78 Sq.m. 815.55 31,626.84 1005 Doors And Windows 3.00 Sets 18,342.24 55,026.72 1002 Plumbing Works 1.00 Lot 31,754.16 31,754.16 1032 Painting, Varnishing, And Other Related 411.21 Sq.m. 146.77 60,351.96 1101 Wires And Wiring Devices 1.00 Is 12,046.72 12,046.72 1002(1) Panel Board With Main Breaker And Brand 1.00 Is 11,434.72 11,434.72 1103 Lighting Fixtures And Lamps 1.00 Is 52,550.08 52,550.08 Spcl1 Signages 1.00 Lot 36,853.44 36,853.44 Total 828,562.56 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 Repair/rehabilitation Of Mapanas Rhu, 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.

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

Details: Description Philippine Bidding Documents Supply & Delivery Of Medicines & Medical Supplies For Cy 2025 (early Procurement Activity) Sixth Edition November 2024 Table Of Contents Glossary Of Acronyms, Terms, And Abbreviations ………………………….3 Section I. Invitation To Bid……………………………………………………..6 Section Ii. Instructions To Bidders…………………………………………...9 1. Scope Of Bid ………………………………………………………………………. 10 2. Funding Information………………………………………………………………. 10 3. Bidding Requirements ……………………………………………………………. 10 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 10 5. Eligible Bidders…………………………………………………………………… 10 6. Origin Of Goods ………………………………………………………………….. 11 7. Subcontracts ……………………………………………………………………… 11 8. Pre-bid Conference ………………………………………………………………. 11 9. Clarification And Amendment Of Bidding Documents …………………………… 11 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 11 11. Documents Comprising The Bid: Financial Component …………………………... 12 12. Bid Prices …………………………………………………………………………. 12 13. Bid And Payment Currencies ……………………………………………… 13 14. Bid Security ………………………………………………………………………. 13 15. Sealing And Marking Of Bids ……………………………………………………… 13 16. Deadline For Submission Of Bids …………………………………………………. 13 17. Opening And Preliminary Examination Of Bids ………………………………….. 13 18. Domestic Preference ……………………………………………………………… 14 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 14 20. Post-qualification ………………………………………………………………… 14 21. Signing Of The Contract …………………………………………………………… 15 Section Iii. Bid Data Sheet …………………………………………………..16 Section Iv. General Conditions Of Contract ……………………...………..18 1. Scope Of Contract ………………………………………………………………… 19 2. Advance Payment And Terms Of Payment ……………………………………….. 19 3. Performance Security ……………………………………………………………. 19 4. Inspection And Tests ……………………………………………………………… 19 5. Warranty …………………………………………………………………………. 19 6. Liability Of The Supplier ………………………………………………………….. 20 Section V. Special Conditions Of Contract ………………………………….21 Section Vi. Schedule Of Requirements ……………………………………....26 Section Vii. Technical Specifications …………………………………………37 Section Viii. Checklist Of Technical And Financial Documents …………..48 Glossary Of Acronyms, Terms, And Abbreviations Abc – Approved Budget For The Contract. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Cda - Cooperative Development Authority. Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Cif – Cost Insurance And Freight. Cip – Carriage And Insurance Paid. Cpi – Consumer Price Index. Ddp – Refers To The Quoted Price Of The Goods, Which Means “delivered Duty Paid.” Dti – Department Of Trade And Industry. Exw – Ex Works. Fca – “free Carrier” Shipping Point. Fob – “free On Board” Shipping Point. Foreign-funded Procurement Or Foreign-assisted Project– Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Framework Agreement – Refers To A Written Agreement Between A Procuring Entity And A Supplier Or Service Provider That Identifies The Terms And Conditions, Under Which Specific Purchases, Otherwise Known As “call-offs,” Are Made For The Duration Of The Agreement. It Is In The Nature Of An Option Contract Between The Procuring Entity And The Bidder(s) Granting The Procuring Entity The Option To Either Place An Order For Any Of The Goods Or Services Identified In The Framework Agreement List Or Not Buy At All, Within A Minimum Period Of One (1) Year To A Maximum Period Of Three (3) Years. (gppb Resolution No. 27-2019) Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Gppb – Government Procurement Policy Board. Incoterms – International Commercial Terms. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Supplier – Refers To A Citizen, Or Any Corporate Body Or Commercial Company Duly Organized And Registered Under The Laws Where It Is Established, Habitually Established In Business And Engaged In The Manufacture Or Sale Of The Merchandise Or Performance Of The General Services Covered By His Bid. (item 3.8 Of Gppb Resolution No. 13-2019, Dated 23 May 2019). Supplier As Used In These Bidding Documents May Likewise Refer To A Distributor, Manufacturer, Contractor, Or Consultant. Un – United Nations. Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Invitation To Bid For The Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 1. The Leyte Regional Prison, Through National Expenditure Program (nep) F.y. 2025 Intends To Apply The Sum Of Lot 1 – Eleven Million Four Hundred Thirty-one Thousand Six Hundred Pesos & 60/100 (₱11,431,600.60) Being The Abc To Payments Under The Contract For Supply & Delivery Of Medicines With Identification Number Bid2024-03a, And Lot 2 – Five Hundred Five Thousand Seven Hundred Thirty-eight Pesos Only (₱505,738.00) Being The Abc To Payments Under The Contract For Supply & Delivery Of Medical Supplies With Identification Number Bid2024-03b. Bids Received In Excess Of The Abc For Each Lot Shall Be Automatically Rejected At Bid Opening. 2. The Leyte Regional Prison Now Invites Bids For The Early Procurement Activity (epa). Delivery Of The Goods Is Required Within February 1-28, 2025. Bidders Should Have Completed, Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project Equivalent To At Least Twenty-five Percent (25%) Of The Abc. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Leyte Regional Prison – Bids And Awards Committee Office And Inspect The Bidding Documents At The Address Given Below During Monday To Friday From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 15, 2024 8:00am - 5:00pm To December 9, 2023 8:00am – 8:55am From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Twenty-five Thousand Pesos Only (₱25,000.00) For Lot 1, One Thousand Pesos Only (₱1,000.00) For Lot 2, And Twenty-five Thousand Pesos Only (₱25,000.00) For Lot 1&2. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees And Presented In Person. 6. The Leyte Regional Prison Will Hold A Pre-bid Conference On November 25, 2024 @ 9:00 Am At Lrp Administrative Building Conference Room Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before December 9, 2024 @ 8:55 Am. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On December 9, 2024 @ 9:00 Am At The Given Address Below. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. Schedule Of The Bidding Activities Shall Be As Follows: Activites Date/time Venue 1. Sale And Issuance Of Bid Documents November 15, 2024 8:00am To 5:00pm To December 9, 2024 8:00am To 8:55am Office Of The Bac/bac Secretariat, Leyte Regional Prison, Abuyog, Leyte 2. Pre Bid Conference November 25, 2024 9:00 Am Conference Room, Admin Building, Lrp, Abuyog, Leyte 3. Submission And Opening Of Bid Documents December 9, 2024 9:00 Am Conference Room, Admin Building, Lrp, Abuyog, Leyte 10. The Lrp Bac Shall Use Non-discretionary And Non-discriminatory Measure Based On Sheer Luck As A Tie-breaking Tool (draw Lots) In The Event That Two Or More Bidders Were Declared As Lcrb In-order To Determine The Final Lcrb Based On The Following: I. In Alphabetical Order, The Bidder Shall Pick One Rolled Paper Ii. The Lucky Bidder Who Would Pick A Paper With “congratulations” Remark Shall Be Declared As The Final Lcrb And Recommended For The Award Of The Contract. 11. The Leyte Regional Prison Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: The Office Of The Bac Secretariat Leyte Regional Prison, Abuyog, Leyte Email: Lrpbac@bucor.gov.ph 13. You May Visit The Following Websites For Downloading Of Bidding Documents: Https://notices.philgeps.gov.ph/ Https://bucor.gov.ph/bid-announcements/ Date Of Issue: November 15, 2024 Mr. Tracy B. Soriano, Msca Bac Chairperson Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Leyte Regional Prison Wishes To Receive Bids For The Lot 1 – Supply & Delivery Of Medicines With Identification Number Bid2024-03a, And Lot 2 – Supply & Delivery Of Medical Supplies With Identification Number Bid2024-03b. The Procurement Project Supply & Delivery Of Medicines & Medical Supplies For Cy 2025 Is Composed Of Two (2) Lots, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Fy 2025 In The Amount Of Lot 1 – Eleven Million Four Hundred Thirty-one Thousand Six Hundred Pesos & 60/100 (₱11,431,600.60), And Lot 2 – Five Hundred Five Thousand Seven Hundred Thirty-eight Pesos Only (₱505,738.00). A. The Source Of Funding Is Nga, The National Expenditure Program. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. Foreign Ownership 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 Be At Least Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On November 25, 2024 @ 9:00 Am At Lrp Administrative Building Conference Room As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within 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 Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed The Bds. 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until April 8, 2025. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On December 9, 2024 @ 9:00 Am At Lrp Administrative Building Conference Room As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As One Project Having Several Items Grouped Into Several Lots, Which Shall Be Awarded As Separate Contracts Per Lot. 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification 20.1. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Any Supply & Delivery Of Drugs, Medicines, Medical, Dental & Laboratory Supplies B. Completed Within The Last Two (2) Years Equivalent To At Least Twenty-five Percent (25%) Of The Abc, Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed 12 The Price Of The Goods Shall Be Quoted Ddp Leyte Regional Prison Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 15 Electronic Copy/electronic Submission Is Not Allowed Each Bidder Shall Submit One (1) Original Copy And Three (3) Photocopies Of The First And Second Components Of Its Bid. 19.4 One Project Having Several Items Grouped Into Several Lots, Which Shall Be Awarded As Separate Contracts Per Lot. 20.1 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; 1. Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2. Supporting Documents For The Slcc (sales Invoice Or Official Receipt Or End-users Acceptance) 3. Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4. Valid And Current Mayor’s Or Business Permit 5. Valid And Current Tax Clearance 6. Audited Financial Statement 7. Company’s License To Operate (lto) From Food And Drug Administration (fda) 8. Certificate Of Product Registration (cpr) From Fda 21.1 The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi. Schedule Of Requirements. Upon Delivery Of The Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Procuring Entity’s Representative At The Project Site; (iii)certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; For Purposes Of The Contract, “exw (extra Work),” “fob (“free On Board” Shipping Point),” “fca (“free Carrier” Shipping Point),” “cif (cost Insurance And Freight.),” “cip (carriage And Insurance Paid),” “ddp (delivered Duty Paid)” 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: The Delivery Terms Applicable To This Contract Are Ddp Delivered To Supply Office, Leyte Regional Prison, Abuyog, Leyte. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Lrp Health And Welfare Services Section Chief As The End-user. All Medicines Must Be Delivered On Working Days And Not Later Than 1:00pm From February 1-28, 2025. All Items Not Covered By The Submitted Cpr Will Not Be Accepted. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. 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. Additional Requirements On Box Or Bottle, Blister Packs, Inhaler And Tube. The Following Is Legibly Imprinted Or Stamped In Any Color. Date Of Manufacture __________________ Date Of Expiry ___________________ Period Of Expiration – Expiry Date For The Following Should Be As Follows: A. Medicines Should Have At Least Eighteen (18) Months Shelf-life Upon Delivery And Ten (10) Months For Food Supplements. B. For Liquid Preparation: Expiration Date Should Not Be Less Than 18 Months From The Date Of Manufacture And Not Less Than 16 Months From The Date Of Delivery On Site. In Case The Expiration Of Medicines Delivered Is Lower Than That Provided For Above, The Supplier Shall Submit During The Delivery An Undertaking, That The Items Delivered Shall Be Replaced Three (3) Months Prior To The Expiry Date But With A Validity Date Of Not Less Than The Remainder Of The Warranty. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif (cost Insurance And Freight.), Cip (carriage And Insurance Paid), Or Ddp (delivered Duty Paid), 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 (cost Insurance And Freight.), Cip (carriage And Insurance Paid), Or Ddp (delivered Duty Paid), 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. 2.1 Advance Payment Is Not Allowed 4 The Inspections And Tests That Will Be Conducted Are: Partial/complete Delivery Of Goods Shall Be Inspected By The Lrp Inspection And Acceptance Committee. Inspection And Acceptance Will Be Conducted By The Lrp Inspection And Acceptance Committee To The Actual Delivery At The Project Site (lrp). Goods With Defect Or Non-compliant With The Required Specifications As Stipulated In The Approved Purchase Order/technical Specifications Shall Be Rejected And Shall Be Replaced By The Supplier Free Of Cost To The Procuring Entity Within Seven (7) Calendar Days The Goods Shall Be Accepted By The End User After Passing The Inspection Of The Lrp Inspection And Acceptance Committee. The Inspections And Tests That Will Be Conducted Are; 1.) Upon Delivery, The Goods Shall Undergo Physical Inspection By The Lrp Inspection And Acceptance Committee Of The Procuring Entity To Ascertain The Physical Condition And Acceptability Of The Goods. 2.) Actual Counting Inspection To Determine The Quantity And Completeness Of The Medicines Delivered In Accordance To The Schedule Of Requirements Set In The Bidding Documents. 3.) Thorough Inspection On Medicines Registration Number, Generic Name, Brand Name, Dosage Strength, Dosage Form, Classification, Packaging, Manufacturer, Country Of Origin, Trader, Issuance Date, & Expiry Date Based On Submitted Cpr During The Post Qualification Process. In Case The Supplier Fails To Comply/non-responsive With Regards To Product Required Detailed Specifications, The Lrp Has The Right Not To Accept The Item/s. 4.) However, If The End User Requested For Purposes Of Laboratory Analysis A Random Samples Shall Be Selected By The End User Of Its Duly Authorized Representative And Witnessed By A Representative From Supplier. The Tests To Be Conducted By Fda (food And Drug Administration) And Sample Sizes Are As Follows: A) Physico-chemical Test I. Tablet/capsule – 1 Commercial Presentation (min Of 50 Pcs.) Ii. Liquid/suspension Solution – 60mlx6 Bottles; 120ml X 6 Bottles Iii. Granules/powders For Suspension – 30ml X 6 Bottles; 60ml X 6 Bottles B) Sterility Test I. Solid Preparations: Less Than 50mg Or More But 200mg Or More – Minimum Of 20 Bottles Ii. Liquid Preparations: 1ml To 100ml – Minimum Of 20 Bottles; 50ml To 1000ml- Minimum Of 6 Bottles C) Microbiological Test I. Tablet/capsule – Number Of Tablets/capsules Equivalent To At Least 20g Ii. Liquid Preparations – 500ml To 1000ml – Minimum Of 6 Bottles 3) The Supplier Shall Promptly Replace The Equivalent Quantity Of Goods Taken As Samples Without Cost To The Procuring Entity. 4) Pending Fda Analysis, Said Products Should Not Be Distributed To End-users Nor Shall It Be Used Such Time It Is Cleared By Fda Laboratory Testing. 5) If Fda Inspection Or Results Of Laboratory Analysis Show Major Violations, The Entire Delivery Shall Be Rejected And The Company Will Not Be Allowed To Participate In Any Future Procurement Activities Of The Agency. Section Vi. Schedule Of Requirements Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivery Schedule 1 Acetylcysteine 600mg Effervescent 2,000 Tablet February 1-28, 2025 2 Aloh Mgoh +simethicone 178mg/233mg/30mg 1,500 Tablet February 1-28, 2025 3 Ambroxol Hydrochloride 75mg 5,000 Capsule February 1-28, 2025 4 Amlodipine Besilate 10mg 10,000 Tablet February 1-28, 2025 5 Amoxicillin 500mg 1,500 Capsule February 1-28, 2025 6 Ascorbic Acid +zinc 25,000 Capsule February 1-28, 2025 7 Aspirin 80mg 1,000 Tablet February 1-28, 2025 8 Atorvastatin Calcium 40mg 5,490 Tablet February 1-28, 2025 9 Azithromycin 2,000 Tablet February 1-28, 2025 10 Bacillus Clausii 2 Billion Cfu/5ml 350 Mini Bot February 1-28, 2025 11 Betahistine 16mg 2,000 Tablet February 1-28, 2025 12 Bisacodyl 5mg 2,000 Tablet February 1-28, 2025 13 Butamirate Citrate 50mg 2,000 Tablet February 1-28, 2025 14 Carbocisteine 500mg 2,000 Capsule February 1-28, 2025 15 Cefalexin 500mg 2,000 Capsule February 1-28, 2025 16 Ceftriaxone Sodium 1gm Powder For Injection 50 Vial February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivered, Weeks/months 17 Cefuroxime 500mg 1,000 Tablet February 1-28, 2025 18 Celecoxib 200mg 5,000 Capsule February 1-28, 2025 19 Ceterizine 10mg 15,000 Tablet February 1-28, 2025 20 Cinnarizine 25mg 2,000 Tablet February 1-28, 2025 21 Ciprofloxacin 500mg 1,500 Tablet February 1-28, 2025 22 Citicoline 500mg 1,000 Tablet February 1-28, 2025 23 Clopidogrel 75mg 3,000 Tablet February 1-28, 2025 24 Clotrimazole Cream (1%) 10mg/g 50 Tube February 1-28, 2025 25 Clozapine 100mg 350 Tablet February 1-28, 2025 26 Cloxacillin 500mg 1,500 Capsule February 1-28, 2025 27 Co-amoxiclav 625 Mg 1,500 Tablet February 1-28, 2025 28 Co-amoxiclav 1.2g Vial 50 Vial February 1-28, 2025 29 Dexa+neo+poly Opth Drops 5ml 30 Bottle February 1-28, 2025 30 Dibencozide 1mg 1,500 Capsule February 1-28, 2025 31 Diclofenac Sodium 50mg 3,000 Tablet February 1-28, 2025 32 Diltiazem 60mg 200 Tablet February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivered, Weeks/months 33 Diphenhydramine Hcl 50mg 1,000 Capsule February 1-28, 2025 34 Dopamine 40mg/5ml 20 Amuple February 1-28, 2025 35 Epinephrine 1mg/ml 20 Ampule February 1-28, 2025 36 Fluphenazine Decanoate 25mg/ml 50 Ampule February 1-28, 2025 37 Furosemide 20mg/2ml 50 Ampule February 1-28, 2025 38 Furosemide 40mg 300 Tablet February 1-28, 2025 39 Fusidic Acid + Betamethasone Cream 5gms 200 Tube February 1-28, 2025 40 Gliclazide 60mg Mr 1,200 Tablet February 1-28, 2025 41 Hypromellose 3mg/ml 10ml 50 Bottle February 1-28, 2025 42 Hyoscine-n-butylbromide 10mg 2,000 Tablet February 1-28, 2025 43 Hydrocortisone 250mg 150 Vial February 1-28, 2025 44 Ibuprofen 200mg Softgel 2,000 Capsule February 1-28, 2025 45 Insulin Degludec /insulin Aspart 70/30 20 Pen February 1-28, 2025 46 Insulin Degludec 100 U/ml 20 Pen February 1-28, 2025 47 Ipratropium Bromide+salbutamol 500mcg/ 2.5mg Per 2.5ml Solution For Inhalation 2,000 Neb/amp February 1-28, 2025 48 Dextrose 5%lactated Ringer's Solution 1 L 100 Bottle February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivered, Weeks/months 49 Dextrose 5%sodium Chloride 0.9%, 1l Solution 200 Bottle February 1-28, 2025 50 Dextrose 5%in Water 500ml 20 Bottle February 1-28, 2025 51 Ketoconazole Cream 200 Tube February 1-28, 2025 52 Lactulose 120ml 20 Bottle February 1-28, 2025 53 Lagundi 600mg 5000 Tablet February 1-28, 2025 54 Levocetirizine +montelukast 5mg/10mg 5000 Tablet February 1-28, 2025 55 Linagliptin 5mg 2000 Tablet February 1-28, 2025 56 Linagliptin+metformin 2.5/500 Mg 10000 Tablet February 1-28, 2025 57 Loperamide 2mg 5000 Capsule February 1-28, 2025 58 Losartan 50mg 100,000 Tablet February 1-28, 2025 59 Losartan Potassium+amlodipine 50/5mg 10000 Tablet February 1-28, 2025 60 Mefenamic Acid 500mg 10,000 Capsule February 1-28, 2025 61 Metformin 500mg 50,000 Tablet February 1-28, 2025 62 Metoclopramide 10mg/2ml 50 Ampule February 1-28, 2025 63 Metoprolol 50mg 1000 Tablet February 1-28, 2025 64 Ferrous Sulfate + Folic Acid + Vit B Complex 50000 Capsule February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivered, Weeks/months 65 Mupirocin 500 Tube February 1-28, 2025 66 Naproxen 500mg 800 Tablet February 1-28, 2025 67 Nystatin 100,000 Iu/ml 30ml 25 Bottle February 1-28, 2025 68 Oral Rehydration Salt Powder 1,000 Sachet February 1-28, 2025 69 Permethrin Lotion 5% (30ml) 50 Bottle February 1-28, 2025 70 Phenytoin 50mg/ml Ampule 20 Ampule February 1-28, 2025 71 Phenytoin 100mg 800 Capsule February 1-28, 2025 72 Polymyxin B + Neomycin + Dexamethasone Otic Drops 50 Bottle February 1-28, 2025 73 Phenylpropanolamine Hcl 25mg + Chlorphenamine Maleate 2mg + Paracetemol 325mg 10,000 Tablet February 1-28, 2025 74 Rifampicin 150mg + Isoniazid 75mg +pyrazinamide 400mg + Ethambutol 275mg 1,200 Tablet February 1-28, 2025 75 Rifampicin 150mg + Isoniazid 75mg 2,400 Tablet February 1-28, 2025 76 Risperidone 2mg 1,500 Tablet February 1-28, 2025 77 Salbutamol 2mg 8,000 Tablet February 1-28, 2025 78 Salbutamol Nebule 1mg/ml 2,500 Neb/amp February 1-28, 2025 79 Salbutamol Sulfate 100mcg/dose 200doses 50 Metered Dose Aerosol February 1-28, 2025 80 Silymarin + B1,b6,b12 Cap 2,500 Capsule February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivered, Weeks/months 81 Simvastatin 40mg 2,500 Tablet February 1-28, 2025 82 Sitagliptin+metformin 50/500mg 2,000 Tablet February 1-28, 2025 83 Sulfur Ointment 15gms 300 Tube February 1-28, 2025 84 Tamsulosin 200mcg 350 Tablet February 1-28, 2025 85 Tetanus Toxoid Adsorbed 40iu/0.5ml 50 Ampule February 1-28, 2025 86 Trimetazidine 35mg Mr 2,500 Tablet February 1-28, 2025 87 Vildagliptin+metformin 50/500mg 2,000 Tablet February 1-28, 2025 88 Zinc Oxide + Calamine 3.5gms 350 Sachet February 1-28, 2025 89 Omega-3 Fatty Acid Containing Eicosapentaenoic Acid 90 Mg, Docosahexaenoic Acid 60 Mg,coenzyme Q 10 100mg, Lycopene 6% 4000mcg, Selenium Dioxide 70mcg, L-carnitine 500 Mg 6,000 Capsule February 1-28, 2025 90 Vitamins And Minerals Chlorella Growth Factor 250 Mg, L-lysine 50 Mg,taurine 50 Mg,zinc Sulphate (eq. To 6.57mg Elemental Zinc) 18 Mg, Vit A. (as Acetate) 550 Mcg, Vit E. 12mg, Vit D3 5mcg,vit B1 1.2 Mg,vit B2 1.3mg, Vit B6 1.3 Mg,vit B12 2.4mcg, Niacinamide 16mg, Folic Acid 400 Mcg,ferrous Sulphate (eq. To Elemental Iron) 60mg ,sodium Ascorbate (eq. To 75.56 Mg Vit C) 85mg 6,000 February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 1 - Supply & Delivery Of Medicines: # Description Qty Dosage Form Delivered, Weeks/months 91 Vitamins And Minerals,ginseng 42 Mg, Dibasic Calcium Phosphate 75 Mg,ferrous Fumarate 25 Mg, Niacinamide 18mg,magnesium Oxide 10mg ,vit. E, Acetate 5 Mg, Calcium D Pantothenate 2.5mg, Vit B1 1.5mg, Vit.a Palmitate 2000iu, Vit B6 1mg, Vit C 1mg, Manganese Sulphate 1 Mg, Copper Sulphate 1mg, Folic Acid 300 Mcg, Potassium Iodide 0.15 Mg, Chromium Picolinate 25mcg, Vit D3 150iu,vit B12 1mcg 21,000 February 1-28, 2025 92 Vitamin B1,b6,b12 65,000 Tablet February 1-28, 2025 93 Adult Plus Powdered Milk 600g 500 Pack I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 2 - Supply & Delivery Of Medical Supplies: # Description Qty Dosage Form Delivered, Weeks/months 1 Acid Fast Stain, Medic (ziel-neelsen Hot Method) 3 Pcs February 1-28, 2025 2 Adult Pulse Oximeter Fingertip (durable) 5 Pcs February 1-28, 2025 3 Alcohol 70% Gallon 50 Gallon February 1-28, 2025 4 Aneroid Sphygmomanometer W/ Stethoscope (durable) 20 Set February 1-28, 2025 5 Battery Double Aa (heavy Duty) 50 Pieces February 1-28, 2025 6 Battery Triple Aaa (heavy Duty) 50 Capsule February 1-28, 2025 7 Blood Collection Tube 5ml (lavender) 1 Box February 1-28, 2025 8 Blood Collection Tube 5ml (yellow) 1 Box February 1-28, 2025 9 Cold Compress Bag 5 Pieces February 1-28, 2025 10 Denatured Alcohol 1l 2 Gallon February 1-28, 2025 11 Disinfectant Solution 20 Litrs February 1-28, 2025 12 Drug Testing Kit (urine) 1000 Unit February 1-28, 2025 13 Dsn 10cc 500 Pieces February 1-28, 2025 14 Dsn 3cc 500 Pieces February 1-28, 2025 15 Dsn 5cc 700 Pieces February 1-28, 2025 16 Easy Touch Blood Cholesterol Strips 25's 20 Bottle February 1-28, 2025 17 Easy Touch Blood Uric Strips 25's 20 Bottle February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 2 - Supply & Delivery Of Medical Supplies: # Description Qty Dosage Form Delivered, Weeks/months 18 Examination Disposable Latex Gloves Powder Free 100 Box February 1-28, 2025 19 Face Mask 50's 100 Box February 1-28, 2025 20 Heplock 20 Pieces February 1-28, 2025 21 Hot Water Bag 10 Pieces February 1-28, 2025 22 Hydrogen Peroxide 10 Volume 20 Pieces February 1-28, 2025 23 Iv Infusion Set Adult 500 Pieces February 1-28, 2025 24 Kidney Basin Stainless 4 Pieces February 1-28, 2025 25 Lubricating Jelly 80gms 50 Pieces February 1-28, 2025 26 Medical Penlight 5 Pieces February 1-28, 2025 27 Medical Oxygen Regulator 5 Pcs February 1-28, 2025 28 Muriatic Acid Solution 100 Gallon February 1-28, 2025 29 Na Hypochlorite Solution 30 Gallon February 1-28, 2025 30 Nebulizer 2 Set February 1-28, 2025 31 One Touch Select Simple Test Strip 25's 50 Bottle February 1-28, 2025 32 Oxygen Mask Cannula 150 Pieces February 1-28, 2025 33 Oxygen Trolley (5-20 Lbs) 2 Pieces February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 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. Lot 2 - Supply & Delivery Of Medical Supplies: # Description Qty Dosage Form Delivered, Weeks/months 34 Petroleum Jelly 25gms 100 Pieces February 1-28, 2025 35 Plastic Canister 3 Pieces February 1-28, 2025 36 Plastic Splint Adult 10 Pieces February 1-28, 2025 37 Rota Haler 50 Pieces February 1-28, 2025 38 Sphygmomanometer Valve With Bulb 20 Set February 1-28, 2025 39 Sterile Latex Surgical Gloves #7, 50pairs/box 5 Box February 1-28, 2025 40 Urinal (male) 10 Pieces February 1-28, 2025 41 Urine Container 50ml 1000 Pieces February 1-28, 2025 I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Section Vii. Technical Specifications Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 1 2,000 Tablet Acetylcysteine 600mg Effervescent 2 1,500 Tablet Aloh Mgoh +simethicone 178mg/233mg/30mg 3 5,000 Capsule Ambroxol Hydrochloride 75mg 4 10,000 Tablet Amlodipine Besilate 10mg 5 1,500 Capsule Amoxicillin 500mg 6 25,000 Capsule Ascorbic Acid +zinc 7 1,000 Tablet Aspirin 80mg 8 5,490 Tablet Atorvastatin Calcium 40mg 9 2,000 Tablet Azithromycin 10 350 Mini Bot Bacillus Clausii 2 Billion Cfu/5ml 11 2,000 Tablet Betahistine 16mg 12 2,000 Tablet Bisacodyl 5mg 13 2,000 Tablet Butamirate Citrate 50mg 14 2,000 Capsule Carbocisteine 500mg 15 2,000 Capsule Cefalexin 500mg 16 50 Vial Ceftriaxone Sodium 1gm Powder For Injection ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 17 1,000 Tablet Cefuroxime 500mg 18 5,000 Capsule Celecoxib 200mg 19 15,000 Tablet Ceterizine 10mg 20 2,000 Tablet Cinnarizine 25mg 21 1,500 Tablet Ciprofloxacin 500mg 22 1,000 Tablet Citicoline 500mg 23 3,000 Tablet Clopidogrel 75mg 24 50 Tube Clotrimazole Cream (1%) 10mg/g 25 350 Tablet Clozapine 100mg 26 1,500 Capsule Cloxacillin 500mg 27 1,500 Tablet Co-amoxiclav 625 Mg 28 50 Vial Co-amoxiclav 1.2g Vial 29 30 Bottle Dexa+neo+poly Opth Drops 5ml 30 1,500 Capsule Dibencozide 1mg 31 3,000 Tablet Diclofenac Sodium 50mg 32 200 Tablet Diltiazem 60mg ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 33 1,000 Capsule Diphenhydramine Hcl 50mg 34 20 Amuple Dopamine 40mg/5ml 35 20 Ampule Epinephrine 1mg/ml 36 50 Ampule Fluphenazine Decanoate 25mg/ml 37 50 Ampule Furosemide 20mg/2ml 38 300 Tablet Furosemide 40mg 39 200 Tube Fusidic Acid + Betamethasone Cream 5gms 40 1,200 Tablet Gliclazide 60mg Mr 41 50 Bottle Hypromellose 3mg/ml 10ml 42 2,000 Tablet Hyoscine-n-butylbromide 10mg 43 150 Vial Hydrocortisone 250mg 44 2,000 Capsule Ibuprofen 200mg Softgel 45 20 Pen Insulin Degludec /insulin Aspart 70/30 46 20 Pen Insulin Degludec 100 U/ml 47 2,000 Neb/amp Ipratropium Bromide+salbutamol 500mcg/ 2.5mg Per 2.5ml Solution For Inhalation 48 100 Bottle Dextrose 5%lactated Ringer's Solution 1 L ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 49 200 Bottle Dextrose 5%sodium Chloride 0.9%, 1l Solution 50 20 Bottle Dextrose 5%in Water 500ml 51 200 Tube Ketoconazole Cream 52 20 Bottle Lactulose 120ml 53 5000 Tablet Lagundi 600mg 54 5000 Tablet Levocetirizine +montelukast 5mg/10mg 55 2000 Tablet Linagliptin 5mg 56 10000 Tablet Linagliptin+metformin 2.5/500 Mg 57 5000 Capsule Loperamide 2mg 58 100,000 Tablet Losartan 50mg 59 10000 Tablet Losartan Potassium+amlodipine 50/5mg 60 10,000 Capsule Mefenamic Acid 500mg 61 50,000 Tablet Metformin 500mg 62 50 Ampule Metoclopramide 10mg/2ml 63 1000 Tablet Metoprolol 50mg 64 50000 Capsule Ferrous Sulfate + Folic Acid + Vit B Complex ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 65 500 Tube Mupirocin 66 800 Tablet Naproxen 500mg 67 25 Bottle Nystatin 100,000 Iu/ml 30ml 68 1,000 Sachet Oral Rehydration Salt Powder 69 50 Bottle Permethrin Lotion 5% (30ml) 70 20 Ampule Phenytoin 50mg/ml Ampule 71 800 Capsule Phenytoin 100mg 72 50 Bottle Polymyxin B + Neomycin + Dexamethasone Otic Drops 73 10,000 Tablet Phenylpropanolamine Hcl 25mg + Chlorphenamine Maleate 2mg + Paracetemol 325mg 74 1,200 Tablet Rifampicin 150mg + Isoniazid 75mg +pyrazinamide 400mg + Ethambutol 275mg 75 2,400 Tablet Rifampicin 150mg + Isoniazid 75mg 76 1,500 Tablet Risperidone 2mg 77 8,000 Tablet Salbutamol 2mg 78 2,500 Neb/amp Salbutamol Nebule 1mg/ml 79 50 Metered Dose Aerosol Salbutamol Sulfate 100mcg/dose 200doses 80 2,500 Capsule Silymarin + B1,b6,b12 Cap ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 81 2,500 Tablet Simvastatin 40mg 82 2,000 Tablet Sitagliptin+metformin 50/500mg 83 300 Tube Sulfur Ointment 15gms 84 350 Tablet Tamsulosin 200mcg 85 50 Ampule Tetanus Toxoid Adsorbed 40iu/0.5ml 86 2,500 Tablet Trimetazidine 35mg Mr 87 2,000 Tablet Vildagliptin+metformin 50/500mg 88 350 Sachet Zinc Oxide + Calamine 3.5gms 89 6,000 Capsule Omega-3 Fatty Acid Containing Eicosapentaenoic Acid 90 Mg, Docosahexaenoic Acid 60 Mg,coenzyme Q 10 100mg, Lycopene 6% 4000mcg, Selenium Dioxide 70mcg, L-carnitine 500 Mg 90 6,000 Vitamins And Minerals Chlorella Growth Factor 250 Mg, L-lysine 50 Mg,taurine 50 Mg,zinc Sulphate (eq. To 6.57mg Elemental Zinc) 18 Mg, Vit A. (as Acetate) 550 Mcg, Vit E. 12mg, Vit D3 5mcg,vit B1 1.2 Mg,vit B2 1.3mg, Vit B6 1.3 Mg,vit B12 2.4mcg, Niacinamide 16mg, Folic Acid 400 Mcg,ferrous Sulphate (eq. To Elemental Iron) 60mg ,sodium Ascorbate (eq. To 75.56 Mg Vit C) 85mg ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 91 21,000 Vitamins And Minerals,ginseng 42 Mg, Dibasic Calcium Phosphate 75 Mg,ferrous Fumarate 25 Mg, Niacinamide 18mg,magnesium Oxide 10mg ,vit. E, Acetate 5 Mg, Calcium D Pantothenate 2.5mg, Vit B1 1.5mg, Vit.a Palmitate 2000iu, Vit B6 1mg, Vit C 1mg, Manganese Sulphate 1 Mg, Copper Sulphate 1mg, Folic Acid 300 Mcg, Potassium Iodide 0.15 Mg, Chromium Picolinate 25mcg, Vit D3 150iu,vit B12 1mcg 92 65,000 Tablet Vitamin B1,b6,b12 93 500 Pack Adult Plus Powdered Milk 600g ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 2 - Supply & Delivery Of Medical Supplies Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 1 3 Pcs Acid Fast Stain, Medic (ziel-neelsen Hot Method) 2 5 Pcs Adult Pulse Oximeter Fingertip (durable) 3 50 Gallon Alcohol 70% Gallon 4 20 Set Aneroid Sphygmomanometer W/ Stethoscope (durable) 5 50 Pieces Battery Double Aa (heavy Duty) 6 50 Capsule Battery Triple Aaa (heavy Duty) 7 1 Box Blood Collection Tube 5ml (lavender) 8 1 Box Blood Collection Tube 5ml (yellow) 9 5 Pieces Cold Compress Bag 10 2 Gallon Denatured Alcohol 1l 11 20 Litrs Disinfectant Solution 12 1000 Unit Drug Testing Kit (urine) 13 500 Pieces Dsn 10cc 14 500 Pieces Dsn 3cc 15 700 Pieces Dsn 5cc 16 20 Bottle Easy Touch Blood Cholesterol Strips 25's 17 20 Bottle Easy Touch Blood Uric Strips 25's ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 2 - Supply & Delivery Of Medical Supplies Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 18 100 Box Examination Disposable Latex Gloves Powder Free 19 100 Box Face Mask 50's 20 20 Pieces Heplock 21 10 Pieces Hot Water Bag 22 20 Pieces Hydrogen Peroxide 10 Volume 23 500 Pieces Iv Infusion Set Adult 24 4 Pieces Kidney Basin Stainless 25 50 Pieces Lubricating Jelly 80gms 26 5 Pieces Medical Penlight 27 5 Pcs Medical Oxygen Regulator 28 100 Gallon Muriatic Acid Solution 29 30 Gallon Na Hypochlorite Solution 30 2 Set Nebulizer 31 50 Bottle One Touch Select Simple Test Strip 25's 32 150 Pieces Oxygen Mask Cannula 33 2 Pieces Oxygen Trolley (5-20 Lbs) ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Section Vii. Technical Specifications Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Lot 2 - Supply & Delivery Of Medical Supplies Item No. Qty. Dosage Form Agency Specification Bidder’s Statement Of Compliance 34 100 Pieces Petroleum Jelly 25gms 35 3 Pieces Plastic Canister 36 10 Pieces Plastic Splint Adult 37 50 Pieces Rota Haler 38 20 Set Sphygmomanometer Valve With Bulb 39 5 Box Sterile Latex Surgical Gloves #7, 50pairs/box 40 10 Pieces Urinal (male) 41 1000 Pieces Urine Container 50ml ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Section Viii. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (h) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (i) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (j) Original Of Duly Signed And Accomplished Price Schedule(s). Section Ix. Bidding Forms Company Letterhead Statement Of Ongoing Government & Private Contracts Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Kind Of Goods Amount Of Contract Value Of Outstanding Contract Total Value Of Outstanding Contract: Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Twenty-five Percent (25%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Kind Of Goods Amount Of Contract Amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa’s Consumer Price Index, If Necessary Date Of Delivery End User’s Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, (attached Copy) Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Certificate Of Net Financial Contracting Capacity (please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _________________________(p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _______day Of __________2024 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position _______________ Date Company Letterhead Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: Bid2024-03 To: Leyte Regional Prison I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. [insert Name Of Bidder’s Authorized Representative] [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 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 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 Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Of The Leyte Regional Prison 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 The Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Of The Leyte Regional Prison, 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 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 Supply & Delivery Of Medicines And Medical Supplies For Cy 2025. 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 ___, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Company Letterhead Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Bid Form Date: Invitation To Bid No: _____________________ To: Mr. Tracy B. Soriano, Msca Bac Chairperson Leyte Regional Prison Abuyog, Leyte Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 In Conformity With The Said Bidding Documents For The Sum Of __________________________________________₱ ________ Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 17.1 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents.. We Likewise Certify/confirm That The Undersigned, [for Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter’s Behalf For The Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Of The Leyte Regional Prison. [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter’s Behalf For Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Of The Leyte Regional Prison. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 2024. _________________________ __________________________ [signature Over Printed Name] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 1 2,000 Tablet Acetylcysteine 600mg Effervescent 2 1,500 Tablet Aloh Mgoh +simethicone 178mg/233mg/30mg 3 5,000 Capsule Ambroxol Hydrochloride 75mg 4 10,000 Tablet Amlodipine Besilate 10mg 5 1,500 Capsule Amoxicillin 500mg 6 25,000 Capsule Ascorbic Acid +zinc 7 1,000 Tablet Aspirin 80mg 8 5,490 Tablet Atorvastatin Calcium 40mg 9 2,000 Tablet Azithromycin 10 350 Mini Bot Bacillus Clausii 2 Billion Cfu/5ml 11 2,000 Tablet Betahistine 16mg 12 2,000 Tablet Bisacodyl 5mg 13 2,000 Tablet Butamirate Citrate 50mg 14 2,000 Capsule Carbocisteine 500mg 15 2,000 Capsule Cefalexin 500mg 16 50 Vial Ceftriaxone Sodium 1gm Powder For Injection ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 17 1,000 Tablet Cefuroxime 500mg 18 5,000 Capsule Celecoxib 200mg 19 15,000 Tablet Ceterizine 10mg 20 2,000 Tablet Cinnarizine 25mg 21 1,500 Tablet Ciprofloxacin 500mg 22 1,000 Tablet Citicoline 500mg 23 3,000 Tablet Clopidogrel 75mg 24 50 Tube Clotrimazole Cream (1%) 10mg/g 25 350 Tablet Clozapine 100mg 26 1,500 Capsule Cloxacillin 500mg 27 1,500 Tablet Co-amoxiclav 625 Mg 28 50 Vial Co-amoxiclav 1.2g Vial 29 30 Bottle Dexa+neo+poly Opth Drops 5ml 30 1,500 Capsule Dibencozide 1mg 31 3,000 Tablet Diclofenac Sodium 50mg 32 200 Tablet Diltiazem 60mg ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 33 1,000 Capsule Diphenhydramine Hcl 50mg 34 20 Amuple Dopamine 40mg/5ml 35 20 Ampule Epinephrine 1mg/ml 36 50 Ampule Fluphenazine Decanoate 25mg/ml 37 50 Ampule Furosemide 20mg/2ml 38 300 Tablet Furosemide 40mg 39 200 Tube Fusidic Acid + Betamethasone Cream 5gms 40 1,200 Tablet Gliclazide 60mg Mr 41 50 Bottle Hypromellose 3mg/ml 10ml 42 2,000 Tablet Hyoscine-n-butylbromide 10mg 43 150 Vial Hydrocortisone 250mg 44 2,000 Capsule Ibuprofen 200mg Softgel 45 20 Pen Insulin Degludec /insulin Aspart 70/30 46 20 Pen Insulin Degludec 100 U/ml 47 2,000 Neb/amp Ipratropium Bromide+salbutamol 500mcg/ 2.5mg Per 2.5ml Solution For Inhalation 48 100 Bottle Dextrose 5%lactated Ringer's Solution 1 L ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 49 200 Bottle Dextrose 5%sodium Chloride 0.9%, 1l Solution 50 20 Bottle Dextrose 5%in Water 500ml 51 200 Tube Ketoconazole Cream 52 20 Bottle Lactulose 120ml 53 5000 Tablet Lagundi 600mg 54 5000 Tablet Levocetirizine +montelukast 5mg/10mg 55 2000 Tablet Linagliptin 5mg 56 10000 Tablet Linagliptin+metformin 2.5/500 Mg 57 5000 Capsule Loperamide 2mg 58 100,000 Tablet Losartan 50mg 59 10000 Tablet Losartan Potassium+amlodipine 50/5mg 60 10,000 Capsule Mefenamic Acid 500mg 61 50,000 Tablet Metformin 500mg 62 50 Ampule Metoclopramide 10mg/2ml 63 1000 Tablet Metoprolol 50mg 64 50000 Capsule Ferrous Sulfate + Folic Acid + Vit B Complex ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 65 500 Tube Mupirocin 66 800 Tablet Naproxen 500mg 67 25 Bottle Nystatin 100,000 Iu/ml 30ml 68 1,000 Sachet Oral Rehydration Salt Powder 69 50 Bottle Permethrin Lotion 5% (30ml) 70 20 Ampule Phenytoin 50mg/ml Ampule 71 800 Capsule Phenytoin 100mg 72 50 Bottle Polymyxin B + Neomycin + Dexamethasone Otic Drops 73 10,000 Tablet Phenylpropanolamine Hcl 25mg + Chlorphenamine Maleate 2mg + Paracetemol 325mg 74 1,200 Tablet Rifampicin 150mg + Isoniazid 75mg +pyrazinamide 400mg + Ethambutol 275mg 75 2,400 Tablet Rifampicin 150mg + Isoniazid 75mg 76 1,500 Tablet Risperidone 2mg 77 8,000 Tablet Salbutamol 2mg 78 2,500 Neb/amp Salbutamol Nebule 1mg/ml 79 50 Metered Dose Aerosol Salbutamol Sulfate 100mcg/dose 200doses 80 2,500 Capsule Silymarin + B1,b6,b12 Cap ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 81 2,500 Tablet Simvastatin 40mg 82 2,000 Tablet Sitagliptin+metformin 50/500mg 83 300 Tube Sulfur Ointment 15gms 84 350 Tablet Tamsulosin 200mcg 85 50 Ampule Tetanus Toxoid Adsorbed 40iu/0.5ml 86 2,500 Tablet Trimetazidine 35mg Mr 87 2,000 Tablet Vildagliptin+metformin 50/500mg 88 350 Sachet Zinc Oxide + Calamine 3.5gms 89 6,000 Capsule Omega-3 Fatty Acid Containing Eicosapentaenoic Acid 90 Mg, Docosahexaenoic Acid 60 Mg,coenzyme Q 10 100mg, Lycopene 6% 4000mcg, Selenium Dioxide 70mcg, L-carnitine 500 Mg 90 6000 Vitamins And Minerals Chlorella Growth Factor 250 Mg, L-lysine 50 Mg,taurine 50 Mg,zinc Sulphate (eq. To 6.57mg Elemental Zinc) 18 Mg, Vit A. (as Acetate) 550 Mcg, Vit E. 12mg, Vit D3 5mcg,vit B1 1.2 Mg,vit B2 1.3mg, Vit B6 1.3 Mg,vit B12 2.4mcg, Niacinamide 16mg, Folic Acid 400 Mcg,ferrous Sulphate (eq. To Elemental Iron) 60mg ,sodium Ascorbate (eq. To 75.56 Mg Vit C) 85mg ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 1 - Supply & Delivery Of Medicines Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 91 21,000 Vitamins And Minerals,ginseng 42 Mg, Dibasic Calcium Phosphate 75 Mg,ferrous Fumarate 25 Mg, Niacinamide 18mg,magnesium Oxide 10mg ,vit. E, Acetate 5 Mg, Calcium D Pantothenate 2.5mg, Vit B1 1.5mg, Vit.a Palmitate 2000iu, Vit B6 1mg, Vit C 1mg, Manganese Sulphate 1 Mg, Copper Sulphate 1mg, Folic Acid 300 Mcg, Potassium Iodide 0.15 Mg, Chromium Picolinate 25mcg, Vit D3 150iu,vit B12 1mcg 92 65,000 Tablet Vitamin B1,b6,b12 93 500 Pack Adult Plus Powdered Milk 600g ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 2 - Supply & Delivery Of Medical Supplies Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 1 3 Pcs Acid Fast Stain, Medic (ziel-neelsen Hot Method) 2 5 Pcs Adult Pulse Oximeter Fingertip (durable) 3 50 Gallon Alcohol 70% Gallon 4 20 Set Aneroid Sphygmomanometer W/ Stethoscope (durable) 5 50 Pieces Battery Double Aa (heavy Duty) 6 50 Capsule Battery Triple Aaa (heavy Duty) 7 1 Box Blood Collection Tube 5ml (lavender) 8 1 Box Blood Collection Tube 5ml (yellow) 9 5 Pieces Cold Compress Bag 10 2 Gallon Denatured Alcohol 1l 11 20 Litrs Disinfectant Solution 12 1000 Unit Drug Testing Kit (urine) 13 500 Pieces Dsn 10cc 14 500 Pieces Dsn 3cc 15 700 Pieces Dsn 5cc 16 20 Bottle Easy Touch Blood Cholesterol Strips 25's 17 20 Bottle Easy Touch Blood Uric Strips 25's ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 2 - Supply & Delivery Of Medical Supplies Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 18 100 Box Examination Disposable Latex Gloves Powder Free 19 100 Box Face Mask 50's 20 20 Pieces Heplock 21 10 Pieces Hot Water Bag 22 20 Pieces Hydrogen Peroxide 10 Volume 23 500 Pieces Iv Infusion Set Adult 24 4 Pieces Kidney Basin Stainless 25 50 Pieces Lubricating Jelly 80gms 26 5 Pieces Medical Penlight 27 5 Pcs Medical Oxygen Regulator 28 100 Gallon Muriatic Acid Solution 29 30 Gallon Na Hypochlorite Solution 30 2 Set Nebulizer 31 50 Bottle One Touch Select Simple Test Strip 25's 32 150 Pieces Oxygen Mask Cannula 33 2 Pieces Oxygen Trolley (5-20 Lbs) ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Leyte Regional Prison Abuyog, Leyte Schedule Of Prices Supply & Delivery Of Medicines And Medical Supplies For Cy 2025 Bid Reference No.: Bid2024-03 Lot 2 - Supply & Delivery Of Medical Supplies Item No. Qty. Unit Of Issue Agency Specification Unit Price Total Bid Price Inclusive Of Vat 34 100 Pieces Petroleum Jelly 25gms 35 3 Pieces Plastic Canister 36 10 Pieces Plastic Splint Adult 37 50 Pieces Rota Haler 38 20 Set Sphygmomanometer Valve With Bulb 39 5 Box Sterile Latex Surgical Gloves #7, 50pairs/box 40 10 Pieces Urinal (male) 41 1000 Pieces Urine Container 50ml ____________________________________ ____________________________ ________________ Name Of Company Signature Over Printed Name Date Of Authorized Representative

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