Printing Tenders

Details: Description Bids And Awards Committee Iloilo Provincial Government Procurement Of Sports Equipment Bid No. Ppo-24-1851-b Philippine Bidding Documents Sixth Edition July 2020 Table Of Contents Section I. Invitation To Bid……………………………………………………..3 Section Ii. Instructions To Bidders………………………………………..…...5 1. Scope Of Bid ………………………………………………………………………. 5 2. Funding Information………………………………………………………………. 5 3. Bidding Requirements ……………………………………………………………. 5 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 5 5. Eligible Bidders…………………………………………………………………… 5 6. Origin Of Goods ………………………………………………………………….. 6 7. Subcontracts ……………………………………………………………………… 6 8. Pre-bid Conference ………………………………………………………………. 7 9. Clarification And Amendment Of Bidding Documents …………………………… 7 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 7 11. Documents Comprising The Bid: Financial Component …………………………... 7 12. Bid Prices …………………………………………………………………………. 8 13. Bid And Payment Currencies ……………………………………………………… 8 14. Bid Security ………………………………………………………………………. 8 15. Sealing And Marking Of Bids ……………………………………………………… 9 16. Deadline For Submission Of Bids …………………………………………………. 9 17. Opening And Preliminary Examination Of Bids ………………………………….. 9 18. Domestic Preference ……………………………………………………………… 9 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 9 20. Post-qualification ………………………………………………………………… 10 21. Signing Of The Contract …………………………………………………………… 10 Section Iii. Bid Data Sheet …………………………………………………..11 Section Iv. General Conditions Of Contract ……………………...………..12 1. Scope Of Contract ………………………………………………………………… 12 2. Advance Payment And Terms Of Payment ……………………………………….. 12 3. Performance Security ……………………………………………………………. 12 4. Inspection And Tests ……………………………………………………………… 12 5. Warranty …………………………………………………………………………. 13 6. Liability Of The Supplier ………………………………………………………….. 13 Section V. Special Conditions Of Contract ………………………………….14 Section Vi. Schedule Of Requirements ……………………………………....16 Section Vii. Technical Specifications …………………………………………17 Section Viii. Checklist Of Technical And Financial Documents …………..18 Section I. Invitation To Bid Purchase Of Sports Equipment Bid No. Ppo-24-1851-b 1. The Iloilo Provincial Government Through The 2024 Supplemental Budget No. 1(sef) Intends To Apply The Sum Of Two Hundred Ten Thousand Seven Hundred Fifty Pesos (₱ 210,750.00) Being The Abc To Payments Under The Contract For The Purchase Of Sports Equipment. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 30 Days Upon Receipt Of Notice To Proceed. Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat Of The Iloilo Provincial Government And Inspect The Bidding Documents At The Address Given Below During 8:00 A.m. To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 15, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Hundred Pesos (₱ 500.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On November 22, 2024 At The 5th Floor, Bids And Awards Committee Secretariat Office, Iloilo Provincial Capitol And/or Through Video Conferencing Or Webcasting, Upon Request At Least Three (3) Days Before The Pre-bid Conference, Via Zoom Or Other Videoconferencing Portals, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The 5th Floor, Bids And Awards Committee Secretariat Office, Iloilo Provincial Capitol On Or Before December 6, 2024 At 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On December 6, 2024 At 9:01 A.m. At The 5th Floor, Bids And Awards Committee Secretariat Office, Iloilo Provincial Capitol. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. A. The Participating Bidder/supplier Or Its Authorized Representative Must Indicate In Any Of The Eligibility Documents, An Email Address Or A Working Fax Number. The Absence Of Which Shall Be A Ground For Disqualification. Notice To The Bidder/supplier Through The Use Of Either Of These Means (email/fax) Is Considered Sufficient Notice. The Date Of Filing Of Reconsideration And All Communications With The Bac Shall Be Its (bac) Date Of Receipt. B. The Bidder(s)/awardee(s) Or Its Authorized Representative Must Conform To The Notice Of Award Within Three (3) Calendar Days From Receipt Of Such Notice And The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award In Accordance With Section 37.2.1 Of The Revised Irr Of R.a. No. 9184. C. The Bidder/supplier Must Have No Pending Unaccepted Notice To Proceed Three (3) Days From The Date Of Acceptance And Signing Of The Purchase Order. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. D. The Bidder/supplier Must Have No Notice Of Award Pending Its Conformity Three (3) Days From The Date Of Its Receipt Of The Notice Of Award. Otherwise, It Shall Be Aground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. E. The Bidder/supplier Shall Submit A List Of All Its Ongoing And Completed Projects With The Iloilo Provincial Government Indicating The Delivery Periods And Accomplishments Of Such Projects. F. The Bidder/supplier At The Time Of The Bidding Must Have No Pending Unposted Performance Or Warranty Security, As The Case May Be, Beyond The Period Allowed In The Notice Of Award. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. G. When An Occurrence Of A Tie Among Bidders Takes Place, I.e., Two Or More Of The Bidders Are Determined And Declared As The Lowest Calculated And Responsive Bidder (lcrb), The Winning Bidder Shall Be Determined By Draw Lots Upon Notice To The Bidders Concerned And/or Their Authorized Representatives In Accordance With The Relevant Circulars Issued By The Government Procurement Policy Board (gppb). 11. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Bac Secretariat Head 5th Floor, Bids And Awards Committee Iloilo Provincial Capitol Email Address: Ipg_bacs@yahoo.com Website: Iloilo.gov.ph Telephone Number: (033) 336-0736 13. You May Visit The Following Websites For Downloading Of Bidding Documents: Ipg.gov.ph And/or Philgeps.com November 11, 2024 Atty. Dennis T. Ventilacion Chairperson, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Wishes To Receive Bids For The Purchase Of Sports Equipment With Bid No. Ppo-24-1851-b. The Procurement Project (referred To Herein As “project”) Is Composed Of Two (2) Items, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of Two Hundred Ten Thousand Seven Hundred Fifty Pesos (₱ 210,750.00). 2.2. The Source Of Funding Is: A. Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C. For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time At Its Physical Address As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Complete Bid - One Project Having Several Items That Shall Be Awarded As One Contract In Case Of Complete Bid. Line Bidding/partial Bidding - One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Refers To The Contracts To Be Bid Or The Object Of The Contract; B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp [provincial Population Office] Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc, If Bid Security Is In Surety Bond. 15 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.3 No Further Instructions. 20.2 For The Procurement Of Drugs And Medicines And Medical Equipment/supplies, The Bidder Shall Submit The Following: A. Certificate Of Product Registration From Food And Drug Administration (fda) For Easy Validation During The Post-qualification; B. Certificate If Good Manufacturing Practice From Fda, For Easy Validation During The Post-qualification; C. Batch Release Certificate From Fda, For Easy Validation During The Post-qualification; D. If The Supplier Is Not The Manufacturer, Certification From The Manufacturer That The Supplier Is An Authorized Distributor/ Dealer Of The Products / Items For Easy Validation During The Post-qualification; E. For The Procurement Of Regulated Drugs, The Applicable Type Of S-license: S-1, S-3 (retailer) S-4 (wholesaler) S-5c (manufacturer) S-5d (bulk Depot/storage) S-5e S-5i (importer); F. License To Operate (lto) Issued By Fda, If Applicable; G. After-sales Services/parts, If Applicable; H. Manpower Requirements, If Applicable. 21.2 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered To 2nd Floor, Provincial Population Office, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Authorized Employee/official Of The Iloilo Provincial Government. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. 2.2 Partial Payment Is Not Allowed. 4 The Inspections And Tests That Will Be Conducted Are Through Physical Inspection. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Treadmill 5 5 2 Elliptical Bike 5 5 ___________________________________ Signature Over Printed Name Section Vii. Technical Specifications Bid No.: Ppo-24-1851-b Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 Treadmill Foldable Motorized Treadmill Input Power Voltage: Ac220-240v (5-160hz) Rated Voltage: 6.3a Motor Power: 1125w Operating Speed: 1-12 Km/h Lcd Information Display Window Built-in 6 Running Procedures 4-gear Speed Selection Function Overcurrent And Overload Protection Device Running Surface: 115 X 36 Cm Maximum Load: 100kg/220lbs 2 Elliptical Bike Material: Heavy Duty Metal Frame Cross Trainer And Stationary Bike In One Cross Over Handle Or Steady Handle Standing And Sitting Position Tension Switch Control Lcd Display Window Maximum Body Weight: 250lbs. Adjustable Saddle Comfort Adjustable Tension Knob Terms And Conditions 1. Items Delivered Shall Have Warranty Of One Year Or Longer 2. Delivery Schedule: Within 30 Days Upon Receipt Of Notice To Proceed 3. After Sales: With Dti Accreditation Repair Shop And Service Center Within The Province And City Of Iloilo ___________________________________ Signature Over Printed Name Section Viii. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages);or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (k) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (l) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (m) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (o) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (p) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.

Details: Description 1. The City Government Of Isabela, Basilan, Intends To Apply The Sum Of One Million Six Hundred Fifty-four Thousand One Hundred Thirty-three Pesos And Twenty Centavos (₱1,654,133.20) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Procurement Of Office Supplies Of The Office Of The City Mayor (3rd Quarter). Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The City Government Of Isabela, Basilan Now Invites Bids For Procurement Of Office Supplies Of The Office Of The City Mayor (3rd Quarter) To Wit: Stock Quantity Unit Of Item Description 1 11 Box Ballpen, Black, Gel Type @ 12 Pcs./box 2 11 Box Ballpen, Blue, Gel Type @ 12 Pcs./box 3 2 Box Ballpen, Red, Gel Type @ 12 Pcs./box 4 10 Box Ballpen, Black, Clickster Type, @ 12 Pcs./box 5 3 Box Ballpen, Red, Clickster Type @ 12 Pcs./box 6 3 Box Ballpen, Blue, Clickster Type @ 12 Pcs./box 7 10 Packs Battery, Dry Cell, Aa 2 Pieces Per Blister Pack 8 5 Packs Battery, Dry Cell, Aaa 4 Pieces Per Blister Pack 9 5 Packs Battery, Dry Cell, Aa 4 Pieces Per Blister Pack 10 1 Bundle Binding Ring, 26mmx1.12m (1"), Plastic, 80 Rings 12pcs/bundle 11 1 Bundle Binding Ring, 10mmx1.12m (3/8"), Plastic, 80 Rings 12pcs/bundle 12 23 Pcs Binding Ring, 51mmx1.12m (2"), Plastic, 84 Rings 13 24 Pcs Binding Ring, 45mmx1.12m (1 3/4"), Plastic, 84 Rings 14 5 Pcs Binding Ring, 32mmx1.12m (1 1/4"), Plastic, 84 Rings 15 5 Pcs Binding Ring, 19mmx1.12m (3/4"), Plastic, 84 Rings 16 8 Bundle Binding Ring, Book Binding, Plastic, A4, 10pcs/bndl 17 2 Pc Board, Clipboard, Legal 18 4 Pcs Calculator, Compact, Electronic, 12 Digits Cap 19 1 Unit Calculator, Compact, Scientific 20 11 Pcs Certificate Holder, A4, Black 21 5 Box Clip, Backfold, 25mm, 12s/box 22 23 Box Clip, Backfold, 32mm, 12s/box 23 30 Box Clip, Backfold, 41mm, 12s/box 24 13 Box Clip, Backfold, 50mm, 12s/box 25 32 Box Clip, Bulldog, 63mm, 2.5" 12s/box 26 25 Box Clip, Bulldog, 75mm, 3" 12s/box 27 30 Pcs Clipboard 28 10 Rems Colored Paper, Multi-purpose, Yellow, Legal Size (not Assorted) 29 10 Rems Colored Paper, Multi-purpose, Green, Legal Size (not Assorted) 30 157 Pcs Correction Tape, Roller Type, Film Based, Usable Length: 6 Meters Min. 31 14 Pcs Cutter Knife/blade 32 40 Pcs Data File Box, Made Of Chipboard, With Closed Ends,legal, With Cover, 13wx18l 33 3 Pcs Data Filer, Magazine File Box, Legal 34 4 Pads Dtr, Cs Form 48 35 10 Pcs Engineer's Field Book 36 137 Pcs Envelope, Expanding, Kraftboard,legal Size Doc. 37 6 Pcs Envelope, Expanding, Kraftboard, A3size Doc. 38 151 Pcs Envelope, Ordinary Brown, For Legal Size Doc. 39 3 Pcs Envelope, Expanding Brown, A4 Size Doc. 40 31 Pcs Envelope, Ordinary Brown, Letter/a4 Size Doc. 41 2 Box Envelope, Mailing, 500s/box, 42 81 Box Fastener, Plastic 43 25 Pcs Filler Binde, Legal, Blue 44 25 Pcs Filler Binde, Legal, Green 45 1 Rems Film, Laminating Film, A4, 100/rems 46 33 Pcs Flash Drive, 64gb, Type C, Otg 47 3 Unit External Ssd, Usb 3.1 Gen2 Type C, Rugged, Portable, 480-500 Gb 48 1 Unit External Ssd, Usb 3.1 Gen2 Type C, Rugged, Portable,1gb 49 1 Unit External Ssd, Usb 3.1 Gen2 Type C, Rugged, Portable, 2gb 50 2 Pcs External Hdd (1tb) 51 475 Pcs Folder, With Tab, Legal 52 12 Pcs Folder, With Tab, Letter/a4 53 305 Pcs Folder Expanded, Legal, Pressboard, Green 54 5 Pcs Folder Expanded, Legal, Pressboard, Blue 55 1 Bndl Folder, Fancy , A4, 50pc/bundle 56 1 Bndl Folder, Fancy , Legal, 50pc/bundle 57 12 Pcs Glue, All Purpose, Gross Weight: 200 Grams 58 25 Pcs Hard Bound, Ready Made, For Tax Declaration, 8.5 X 11 59 5 Packs Index Card, White Rule, 5x8in 60 1 Ca Ink Toner, Tk-4109 Kyocera 61 1 Ca Ink Toner, Tk-4140 Kyocera 62 1 Ca Ink Toner, Tk-8110 Kyocera Bk 63 1 Ca Ink Toner, Tk-8110 Kyocera C 64 1 Ca Ink Toner, Tk-8110 Kyocera M 65 1 Ca Ink Toner, Tk-8110 Kyocera Y 66 45 Bot Ink Cartridge, Epson 001 Black 67 43 Bot Ink Cartridge, Epson 001, Cyan 68 43 Bot Ink Cartridge, Epson 001, Magenta 69 43 Bot Ink Cartridge, Epson 001, Yellow 70 25 Ca Ink, Hp Laserjet 76a 71 75 Bot Ink Cartridge, Epson 003 Black 72 64 Bot Ink Cartridge, Epson 003, Cyan 73 64 Bot Ink Cartridge, Epson 003, Magenta 74 64 Bot Ink Cartridge, Epson 003, Yellow 75 9 Bot Ink Cartridge, Epson 0664 Black 76 7 Bot Ink Cartridge, Epson 0664, Cyan 77 8 Bot Ink Cartridge, Epson 0664, Magenta 78 8 Bot Ink Cartridge, Epson 0664, Yellow 79 30 Bot Ink Cartridge, Epson Bk 774, 80 36 Bot Ink Cartridge, Epson 008 Black 81 32 Bot Ink Cartridge, Epson 008, Cyan 82 32 Bot Ink Cartridge, Epson 008, Magenta 83 32 Bot Ink Cartridge, Epson 008, Yellow 84 6 Ca Ink Cartridge, Epson Lq-310, Ribbon Cartridge 85 30 Ca Brother Lc-3617 Ink Cartridge Black 86 30 Ca Brother Lc-3617 Ink Cartridge Yellow 87 30 Ca Brother Lc-3617 Ink Cartridge Yellow 88 30 Ca Brother Lc-3617 Ink Cartridge Cyan 89 30 Ca Brother Lc-462 Ink Cartridge Bk 90 30 Ca Brother Lc-462 Ink Cartridge Cyan 91 30 Ca Brother Lc-462 Ink Cartridge Magenta 92 30 Ca Brother Lc-462 Ink Cartridge Yellow 93 36 Bot Ink , Brother (bt D60) Bk 94 40 Bot Ink , Brother (bt 5000) Magenta 95 40 Bot Ink , Brother (bt 5000) Cyan 96 40 Bot Ink , Brother (bt 5000) Yellow 97 1 Ca Ink , Brother L2550-dw Toner, Cartridge Ink 98 30 Ca Ink , Brother Lc 462, Bk 99 30 Ca Ink , Brother Lc 462, M 100 30 Ca Ink , Brother Lc 462, C 101 30 Ca Ink , Brother Lc 462, Y 102 4 Ca Ink, Cartridge, Hansol Pigment Xap Ii, Bk 103 4 Ca Ink, Cartridge, Hansol Pigment Xap Ii, C 104 4 Ca Ink, Cartridge, Hansol Pigment Xap Ii, M 105 4 Ca Ink, Cartridge, Hansol Pigment Xap Ii, Y 106 5 Bot Ink , Stampad Ink Bk 107 7 Packs Marker, Flourescent, 3 Assorted Colors Per Set 108 10 Box Marker, Permanent, Broad, Felt Type, Black, 12 Pcs./box 109 8 Box Marker, Permanent, Fine Type, Black, 12 Pcs./box 110 1 Box Marker, Permanent, Fine Type, Blue, 12 Pcs./box 111 6 Box Marker, Whiteboard Marker, Fine Type, Felt Material, Refillable Black, 12 Pcs./box 112 6 Box Marker, Whiteboard Marker, Fine Type, Felt Material, Refillable Blue, 12 Pcs./box 113 1 Box Marker, Whiteboard Marker, Fine Type, Felt Material, Refillable Red, 12 Pcs./box 114 9 Pads Notepad, Stick-on, 2x3, 100 Sheets Per Pad 115 20 Pcs Note Book, Stenographer Type, 40lvs 116 2 Pads Notepad, Stick-on, 3x4, 100 Sheets Per Pad 117 5 Pcs Organizer, Data File Storage, 120ltrs, L72 X W52 X H44cm 118 2 Bots Paste, 200gms 119 52 Box Paper Clip, 33mm, 100 Pcs Per Box 120 43 Box Paper Clip, 50mm, 100 Pcs Per Box 121 534 Rems Paper, Multicopy, A4 Size, 80gsm, 210mm X 297mm, Sub24 122 484 Rems Paper, Multicopy, Legal Size, 80gsm, 216mm X 330mm, Sub24 123 26 Rems Paper, Multicopy, A3 Size, 80gsm 124 5 Packs Paper, Glossy, A4, 135gsm 125 15 Pcs Paper, Manila Paper 126 4 Box Paper, Continuous Paper, A4, 2-ply, Carbonless 127 10 Box Pencil 128 1 Unit Binding Machine, Max Punch 15sheets, Max Bind 450 Sheets, Hole Attribute 21 Holes, Hole Distance 14.3mm 129 15 Pcs Record Book, 300 Pages, Size: 214mm X 278mm Min 130 18 Pcs Record Book, 500 Pages, Size: 214mm X 278mm Min 131 5 Box Rubber Band, #18, 70mm, Flat Type 132 2 Pcs Ruler 400x33mm 133 6 Pcs Scissors, Symmetrical, Blade Length: 65mm Min 134 18 Box Sign Pen, Black, Liquid/gel Ink, 0.5mm Needle Tip 135 10 Box Sign Pen, Black, Liquid/gel Ink, 0.7mm Needle Tip 136 10 Box Sign Pen, Blue, Liquid/gel Ink, 0.5mm Needle Tip 137 6 Box Sign Pen, Blue, Liquid/gel Ink, 0.7mm Needle Tip 138 6 Box Sign Pen, Red, Liquid/gel Ink, 0.5mm Needle Tip 139 2 Unit Software, Microsoft Office 365, Fam-pack (preferred) 140 2 Unit Software, Anti-virus, Kaspersky (preferred) 141 30 Box Staple Wire, No.35 142 4 Box Staple Wire, No.10 143 14 Pcs Stapler, Standard Type, Desktop, Good Quality No. 35 144 1 Pcs Stapler, Standard Type, Desktop, Good Quality No. 10 145 5 Pcs Stapler, Heavy Duty, 24mm, 8x10x30cm 146 1 Pcs Stapler, Stapler Remover 147 1 Pcs Stamp, Numbering Machine, Heavy Duty 148 1 Pcs Stamp, Dating And Stamping Machine, Heavy Duty, Self Inking 149 2 Pcs Stamp, Stamp Pad, Quality, No.3 150 1 Pcs Tape, Duct Tape Width: 48mm (2") 151 6 Pcs Tape, Packaging Width: 48mm (2") 152 2 Pcs Tape, Transparent, Width: 24mm (1") 153 18 Pcs Tape, Transparent, Width: 48mm (2") 154 5 Pcs Tape, Double Sided, Width: 48mm (2") 155 5 Box Thumb Tacks, Plastic, I-shape, Push Pins Type 156 5 Box Thumb Tacks, Metal Type 157 46 Packs Photo Paper, Glossy, A4 Size, 210gsm 158 12 Packs Photo Paper, Sticker Paper, Glossy, A4 Size, 210gsm 159 38 Packs Sticky Index Tab, Self Adhesive (sign Here Tab) 160 5 Packs Sticky Index Tab, Self Adhesive, 120pcs/pack, 25mmx28mm 161 2 Packs Sticker Paper, Glossy, A4 162 2 Packs Sticker Paper, Glossy, Long 163 53 Rems Special Vellum Paper - Long 100 Pcs 164 14 Rems Special Vellum Paper - A4 100 Pcs 165 7 Packs Special Paper - Long 100 Pcs 166 2 Pcs Puncher, Big, 70mm, 25 Sheets 167 1 Unit Gun Tacker, Heavy Duty 4-14mm, With Staple Wire 168 1 Boxes Epson Maintenance Box, T04d1 169 5 Boxes Epson Maintenance Box, T6711/pxmb3 170 50 Pads Document Stamp 171 1 Pcs Cork Board Bulletin, Aluminum, 4x3 172 1 Pcs A4 Wi-fi All-in-one Ink Tank Printer 173 1 Pcs U-mic Wireless Lavalier Microphone System With Dual Channel 174 1 Set Amd Ryzen 7 5700g Computer Set 175 1 Unit Portable Speaker With Microphone 176 1 Unit Laptop (13th Gen Intel Core I5-13450hx Processor, E Cores Up To 3.40 Ghz P Cores Up To 4.60 Fhz) 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 Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”. 4. Interested Bidders May Obtain Further Information From Bids And Awards Committee City Of Isabela, Basilan And Inspect The Bidding Documents At The Address Given Below During 9:00 Am To 5:00 Pm, Monday To Friday. 5. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders Starting On November 15, 2024 From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of Php 5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) Provided That Bidders Shall Pay The Nonrefundable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. Bids Must Be Delivered To The Address Below On Or Before December 6, 2024 At 9:30 A.m., Sakayan Conference Room, Mayor’s Office, City Hall Complex, Sunrise Barangay, Isabela City, Basilan. All Bids Must Be Accompanied By A Bid Security In Cash, Certified Checks Or Bank Guarantee. Bid Opening Shall Be On December 6, 2024 At 9:30 A.m Sakayan Conference Room, Mayor’s Office, City Hall Complex, Sunrise Barangay, Isabela City, Basilan. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 7. The Bac Isabela City, Basilan 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: Roberto E. Arsena Ii Bac Secretariat Head Bac Office, 2nd Floor Main Building, City Hall Sunrise, Isabela City, Basilan Cp No. 09958110219 Vido F. Yu Bac Chairman Pre-bid Conference

Details: Description Request For Quotation Date : November 21, 2024 Project Title : Procurement Of Service Provider For Pest Control For 3 Years Itb No. : Sv24-11-014ang Approved Estimated Budget For The Contract : Nine Hundred Thousand Pesos (₱900,000.00), Vat-exclusive, Zero-rated Transaction Deadline For The Submission And Receipt Of Quotation(s)/ Proposal(s) : November 28, 2024, Thursday, 2:00 P.m. (sealed Quotation) Opening Of Quotation(s) / Proposal(s) November 28, 2024, Thursday, 2:00 P.m. Onwards Please Address And Submit The Envelope Containing The Accomplished Rfq Form And Required Documents To The Branch Canvassing/contracting Committee (bc3), Through The Procurement Section, Casino Filipino Angeles, Century Resort Hotel, Mc Arthur Highway, Balibago, Angeles City, Pampanga The Envelope Shall Bear The Following Information In Capital Letters: 1. Procurement Of Service Provider For Pest Control Under Itb No. Sv24-11-014ang; And 2. Name, Address, And Contact Details (telephone/cellphone Number And/or Email Address) Of The Bidder. Note: Quotations(s) / Proposal(s) Submitted After The Deadline Shall Not Be Accepted. Sir / Madam: In Accordance With The Technical Specifications/scope Of Work And General Conditions For The Project Stated Herewith, Kindly Fill Up And Submit Your Lowest Price Quotation. For Any Inquiries Or Clarifications, Please Contact Mr. Allan D. Ocampo, Procurement Officer I, On Telephone Number (045) 625-7603 Local 1323 To1325. Thank You. Leilany T. Tan (sgd) Vice Chairperson Branch Canvassing/ Contracting Committee (bc3) Casino Filipino Angeles - Dear Ms. Tan: In Accordance With Your Request, Following Is Our Quotation For Your Requirement: I. Technical Specifications Description Offered Technical Proposal Please Fill Up Each Column With Either: “comply” Or “not Comply” Procurement Of Service Provider For Pest Control For 3 Years Contract Duration: Three (3) Years The Contractor Shall Provide The Following Sites Technical And Professional General Pest Control Treatment Program, Including General Comprehensive Pest Control Treatment Once A Month, Weekly Treatment, And On-call Services When Needed, Covering Office Facility And Premises Of Pagcor Consisting Of 1st To 3rd Floor And All Common Areas (garbage, Generator & Maintenance Areas).  Comply  Not Comply Location And Approximate Floor Area: A. Casino Filipino – Angeles Address: Century Resort Hotel, Mc Arthur Highway, Balibago, Angeles City Floor Area: 10,712 Sqm (3 Floors And Basement) B. Table Game Expansion Address: Casino Filipino Leisure World, Kings Royale Complex, Macabacle, Jose Abad Santos Avenue, Bacolor, Pampanga. Floor Area: 165 Sqm (one Floor)  Comply  Not Comply The Program Of Treatment Shall Be Specified As Follows: A. Pest Control Residual Spraying And Misting Of Low Toxic Insecticidal Compound That Are Considered Safe To Man And Mammals, But Gives A Rapid Knockdown On Contact Against Virus And Filth Carrying Insect Pests Harboring In The Building Premises Such As Roaches, Ants, Mosquitoes, Carpet Beetles, Houseflies And Other Crawling And Flying Insects. Thorough Spraying And Misting Of Above Insecticidal Emulsion In Critical Areas Such As The Gaming Area, Offices, Supply Rooms, Canteen Facilities, Corridors And Alleys, Storage Cabinets, Drainage, System, Cracks And Crevices And Other Suspected Breeding Harborages Within The Premises. Ocular Inspection And Survey Of The Building’s Surrounding Area For Detection Of Impending Rodent Invasion And Monitoring Of Termite Infestation. 1. Ant And Cockroach Control – Treatment By Residual Spraying, Fogging Or Misting Will Be Carried Out Regularly In The Whole Premises, Such As Training Rooms, Supply And Storage Areas, Employees Canteen, Locker Rooms, Various Offices, Common Areas Especially In The Suspected Harborages And Breeding Places Of Cockroaches, Such As Pantries, Toilet Areas And Drainages. Cracks And Crevices And Hidden Surfaces Such As Inside Drawer Units, Cupboards And Cabinets Shall Also Be Treated With Insecticidal Solutions With Residual Effect, In Which Case All Contents Thereof Must Be Removed Prior To The Scheduled Date Of Service. Residual Misting And / Or Spraying Will Be Applied To Areas Where Fogging Treatments Is Not Advisable. 2. Fly And Mosquito Control – Regular Fogging And / Or Misting Will Be Done In The Premises In Accordance With A Pre-arranged Schedule Of Treatment. Larvidicing Of Known Breeding Places And Harborages Of Files And Mosquitoes Will Be Carried Out. 3. Termite Inspection – A Thorough Inspection And Treatment Throughout The Premises Shall Be Conducted By The Service Provider. The Details Of The Control Measures Applicable To The Degree Of Infestation Shall Be Submitted By The Service Provider Subject To Approval / Evaluation Of The End User Prior To Application.  Comply  Not Comply  Comply  Not Comply  Comply  Not Comply B. Rodent Control Regular Treatment By Bait Laying Of Anticoagulant Preparations In Areas Used As Passageways And Harborages Of Rats And Mice, Based On A System Of Permanent/semi-permanent Bait Stations. These Rodenticides Provide Good Control Without Presenting Any Hazard To Products Or Personnel. However, If The Degree Of Infestations Should Ever Warrant It, Acute Bait / Chronic Rodenticides Will Be Used, But Only After Close Consultation With Pagcor And Then Only Under The Strict Supervision Of The Contractor. Supplementary Control Methods Such As Mechanical Traps And Sticky Boards, Plugging Or Sealing Of All Holes That May Serve As Entry Points Will Also Be Employed If The Situation So Warrants.  Prevent Rats And Mice From Gaining Access Into The Building Area And Disrupt Their Proliferation Within The Area By Applying Any Of The Following: 1. Mechanical Traps – Will Be Set On Passageways And Corners Frequented By Mice. 2. Glue Traps – Adhesive Substances Plastered In Cut Out Plywood With Bait Will Be Judiciously Placed Under Tables, Cabinets And Hidden Runways Of Rats And Mice. 3. Environmental Manipulation – To Prevent And Disrupt The Night Activity Of Rats And Mice By Preventing Them From Getting In Or Moving Freely In The Building By Plugging Entry Holes, Removing And Destroying Breeding Harborage Found In The Building. 4. Retrieval Of Dead Rats And Mice Caused By Rodentical Bait, Monitor Weekly Casualty And Determine The Number Of Rodents Remaining In The Building Premises. 5. Ocular Inspection And Survey Of The Building’s Surrounding Area For Detection Of Impending Rodent Invasion And Monitoring Of Termite Infestation.  Comply  Not Comply The Contractor Shall Provide And Employ Pest Control Technicians And Frequency Of Service Shall Be Rendered As Follows: A. Comprehensive Pest Control – To Employ Two (2) To Three (3) Pest Control Applicators To Service Twice A Month And Shall Be Scheduled At Six Thirty (6:30) To Ten (10) O’ Clock In The Morning For All Sites Every 1st And 3rd Week Of The Month. B. Subsequent To The Comprehensive Service, One (1) Pest Control Applicator Will Be Assigned To Render A Follow-up Service To Be Scheduled Every 8:30 A.m. To 11:00 A.m. Every 2nd And 4th Week Of The Month. C. All Assigned Pest Control Technicians While On Duty, Shall Coordinate With The Sr. Facilities Management Officer Or Facilities Management Officer 1 Of Casino Filipino – Angeles /leisure World. D. The Contractor Shall Provide Service On Pagcor’s Special Schedule For The Treatment Of Closed Rooms Of The Building That Are Being Kept Locked And Seldom Used. E. The Contractor Upon Proper Coordination Shall Allow The Cafeteria For Sites Operating A Cafeteria To Assign One (1) Of Its Personnel To Escort And Oversee The Pest Control Work To Be Conducted On Any Weekend Of The Month. The Treatment Shall Coincide With The Scheduled Date Of General Clearing Of The Cafeteria. F. The Service Provider Agrees To The Quarterly Evaluation Of The Outcome Of The Pest Control Measures Being Implemented. The Type Of Pesticides / Chemicals Being Applied Or The Methods Being Implemented May Be Changed/replaced If Found Ineffective. G. Additional De-fogging Every Closure Of The Casino Operation. H. The Service Provider Shall Adhere To The Environmental Policy Of Pagcor.  Comply  Not Comply  Comply  Not Comply  Comply  Not Comply Areas Of Application Casino Filipino – Angeles  Basement - Transport - Fabrication - Parking Area - Storage Rooms - Agency Lounge  1st Floor - Maintenance Section - Clinic - Slot Machine Section - Security Section - Slot Machine Area 1 And 2 - Electrical Room - Powerhouse  Mezzanine Floor - Internal Audit Section - Human Resource Section - Finance Section - Provident Fund Section - Accounting Section - Procurement Section - It Section - Radio Room - Executive Office - Marketing Section - Conference Room - Meeting Room - Backstage (sinukwan) - Comfort Rooms - Esd - Entrance/exit  Utility Building/2nd Floor - Logistics And Management Section - Operations Division - Surveillance Section - Concierge Section - General Services Section - Gaming Area - Treasury Section  3rd Floor - Bingo Section - Entertainment Rooms - Employees Lounge - Cafeteria - Locker Area - Bingo Hall  Gaming Area  Slot Machine Area  Bar Area  Comfort Rooms  Treasury  Offices  Mezzanine Level - Operations Office - Locker Area - Employees Comfort Rooms - Audit - Employees’ Lounge - Other Offices  Outside Premises - Cafeteria - Bgs Office - Maintenance - Employees Entrance - Lounge - Surroundings - Fabrication Area  Comply  Not Comply  Comply  Not Comply  Comply  Not Comply  Comply  Not Comply Table Games (leisure World) One Floor (gaming Area) - Gaming Area - Operations Office - Bar Area - Employees’ Lounge  Comply  Not Comply 6. The Rodent And Household Pest Control Services Shall Include The Following: Equipment To Be Used: A. Compressed Air Sprayer B. Thermal Fogging Machine C. Mist Fogging Machine Chemical To Be Applied: A. Resigen B. Crackdown Sc C. Coopex 10 Ec D. Pestguard E. Rat Glue F. Maxforce Gold G. Dichlorvos  Comply  Not Comply 7. The Contractor Has Good Title To The Items Described In No. 5, Full Authority To Sell And Transfer The Same And That The Same Are Sold Free And Clear Of All Liens, Encumbrances, Liabilities And Adverse Claims, Of Every Nature And Description.  Comply  Not Comply 8. All Assigned Pest Control Technicians Shall Coordinate With Pagcor’s Sr. Facilities Management Officer (sfmo) And/or Facilities Management Officer 1 (fmo 1). The Contractor Shall Closely Coordinate With Pagcor, Through Its Sfmo And/or Fmo1, All Matters Relating To All Treatments And Feedbacks For Immediate Action.  Comply  Not Comply 9. The Contractor Shall Provide Pesticides/rodenticides That Will Not Pose Any Hazard To Pagcor, Its Personnel, Guests Or Any Person Or Property. If The Degree Of Infestations Should Warrant, Acute Bait/chronic Pesticides/rodenticides Shall Be Used, But Only After The Approval Of Pagcor And Under The Strict Supervision Of The Contractor.  Comply  Not Comply 10. All Chemicals To Be Used Shall Be Certified By The Fertilizers And Pesticide Authority As Safe For Use In All Establishments.  Comply  Not Comply Pre-termination In The Event Of Sale, Disposition, Or Privatization Of Casino Filipino - Angeles, Pagcor May Extrajudicially Terminate The Contract Or Agreement Prior To The Expiry Of Its Effectivity Period Without Any Liability And/or Penalty.  Comply  Not Comply Schedule Of Service The Required Services Shall Commence Thirty (30) Calendar Days Upon Receipt Of Service Contract  Comply  Not Comply Schedule Of Payment Payment For Services Rendered Shall Be Within Thirty (30) Calendar Days From The Receipt Of Billing Statement  Comply  Not Comply Place Of Delivery: Facilities Management Section Casino Filipino Angeles Century Resort Hotel, Mc Arthur Highway, Balibago, Angeles City. Facilities Management Section Casino Filipino Leisure World, Kings Royale Complex, Macabacle, Jose Abad Santos Avenue, Bacolor, Pampanga.  Comply  Not Comply Contact Persons: Ronillo B. Soriano Acting Sr. Facilities Management Officer Ronillo.soriano@pagcor.ph Tel. No. (045) 625-7603 Local 2101 Mark Feliciano S. Guevarra A/facilities Management Officer I Mark.feliciano.guevarra@pagcor.ph Tel. No. (045) 625-7603 Local 2102 Ii. Financial Quotation: Technical Description Per Year Cost (vat-exclusive, Zero-rated Transaction) Three (3) Years Total Cost (vat-exclusive, Zero-rated Transaction) Procurement Of Service Provider For Pest Control For 3 Years ( Casino Filipino Angeles And Casino Filipino Leisure World ) Php_________________ Php_____________ Grand Total Cost Vat-exclusive, Zero-rated Transaction Php__________________________________ (amount In Figure) ___________________________________________________________________________________________________ (amount In Words) Notes: 1. Price Quotation (unit And Total Cost) Shall Be Rounded Off Up To Two (2) Decimal Places. 2. Validity Of Offer: Ninety (90) Calendar Days From The Date Of Submission, Receipt, Opening And Preliminary Examination Of Quotation(s) Proposal(s). Iii. Additional Requirements: As Part Of The Post-qualification Process, Kindly Submit The Following Documents For Compliance Within 3-calendar Days From Receipt Of The Notice And Upon Determination Of The Bidder Having The Lowest / Single Calculated Quotation: 1. Valid Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Bidder Is Located; 2. Philippine Government Electronic Procurement System (philgeps) Registration Number Or A Valid Philgeps Registration Certificate; Philgeps Registration Number: ___________________________; 3. Notarized Omnibus Sworn Statement Using The Attached Prescribed Form. The Omnibus Sworn Statement Shall Be Supported By An Attached Document Showing Proof Of Authorization, E.g., Duly Notarized Secretary’s Certificate Issued By The Corporations, Partnerships Or Joint Ventures Or A Special Power Of Attorney (in Case Of Sole Proprietor) Attesting That The Signatory Is The Duly Authorized And Designated Representative Of The Prospective Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Prospective Bidder In The Procurement Process. Note: Ensure That The Notary Public Who Notarized The Submitted Omnibus Sworn Statement, Secretary’s Certificate Or Special Power Of Attorney Had Completed A Mandatory Continuing Legal Education (mcle) For The Seventh (7th) Or Eight (8th) Compliance Period. 4. Latest Income Or Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps): In Accordance With Executive Order (e.o.) No. 398, Revenue Regulation (r.r.) No. 03-2005 And Revenue Memorandum Circular (rmc) 16-2005, The Abovementioned Tax Returns Shall Refer To The Following: A.) Latest Income Tax Return (itr) Shall Be The Itr For The Preceding Year, Whether Calendar Or Fiscal, Or B.) Latest Business Tax Returns Shall Refer To The Value Added Tax (vat) Or Percentage Tax Filed And Paid Covering The Previous Six (6) Months Before The Date Of Submission, Receipt, And Opening And Preliminary Examination Of Bids/quotations. Iv. Notes: 1. Bidders Shall Submit Their Quotations Through Their Duly Authorized Representatives Using This Form Only. This Form Must Be Completed Without Any Alterations To Their Format And No Substitute Form Shall Be Accepted. All Parameters Shall Be Filled In With The Correct And Accurate Information As Required. 2. Quotation(s) Submitted Exceeding The Approved Estimated Budget For The Contract Shall Not Be Accepted. 3. The Prices Quoted Are To Be Paid In Philippine Currency. 4. All Prices Quoted Are Inclusive Of All Applicable Duties, Government Permits, Fees, And Other Charges Relative To The Acquisition And Delivery Of Items To Pagcor, But Vat Exclusive, Zero-rated Transaction. 5. For The Purpose Of Standardization Of Quotations/proposals, This Rfq Form Will Prevail Over All Kinds And Forms Of Quotation. In Case Of Price Discrepancy Over The Amounts In Words And In Figures, The Amount In Words Shall Prevail. 6. Any Interlineations, Erasures Or Overwriting Shall Be Valid Only If They Are Signed Or Initiated By You Or Any Of Your Duly Authorized Representative/s. 7. Pagcor Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Technical Specifications. 8. Award Of Contract Shall Be Made In Favor Of The Supplier Having The Single Or Lowest Calculated Responsive Quotation, Which Complies With The Minimum Technical Specifications And Other Terms And Conditions Stated Herein. 9. The Supplier Shall Complete The Supply And Delivery Of Goods Within The Time Agreed By Both Parties. Should The Supplier Incur Delay In Its Performance, The Supplier Shall Pay Liquidated Damages Equal To One-tenth (1/10) Of One Percent (1%) Of The Cost Of The Delayed Goods/items For Everyday Of Delay Including Sundays And Holidays, Until Such Goods/items Are Finally Delivered And Accepted By Pagcor. Such Amount Shall Be Deducted From Any Money Due, Or Which May Become Due To The Supplier. In Case The Total Sum Of Liquidated Damages Reaches Ten Percent (10%) Of The Total Contract Price, Pagcor May Rescind The Contract And Impose Appropriate Sanctions Over Above The Liquidated Damages To Be Paid. In Case The Supplier Still Fails To Deliver The Item After The Lapse Of Thirty (30) Calendar Days From The Supposed Date Of Delivery, Pagcor Shall Have The Option To Terminate The Contract. 10. The Defective Items Shall Be Replaced Within Seven (7) Calendar Days Upon Receipt Of The Notice. Should Supplier Fail To Replace The Same Within The Agreed Period, Supplier Shall Pay Liquidated Damages Equal To One Tenth (1/10) Of One (1%) Of The Cost Of The Defective Goods/items For Everyday Of Delay Including Sundays And Holidays Until Such Goods/items Are Finally Delivered And Accepted By Pagcor. Such Amount Shall Be Deducted From Any Money Due, Or By Which May Become Due To Supplier. In Case The Total Sum Of Liquidated Damages Reached Ten Percent (10%) Of The Total Contract Price, Pagcor May Rescind Or Automatically Terminate The Contract And Impose Appropriate Sanctions Over And Above The Liquidated Damages To Be Paid, Without Prejudice To Other Courses Of Action And Remedies Open To It. Should The Supplier Fail To Replace The Same Within The Agreed Period, The Supplier Shall Pay Liquidated Damages Equal To One-tenth (1/10) Of One Percent (1%) Of The Cost Of The Delayed Goods/items For Everyday Of Delay Including Sundays And Holidays, Until Such Goods/items Are Finally Delivered And Accepted By Pagcor. Such Amount Shall Be Deducted From Any Money Due, In Favor Of The Supplier. In Case The Total Sum Of Liquidated Damages Reaches Ten Percent (10%) Of The Total Contract Price, Pagcor May Rescind The Contract And Impose Appropriate Sanctions Over Above The Liquidated Damages To Be Paid. 11. It Will Fully Defend, Protect, Indemnify, And Hold Pagcor Harmless From Any And All Adverse Claims That May Be Made By Any Party For The Possession And/or The Use Of The Goods. 12. In The Event Of A Sale, Disposition, Or Privatization Of Casino Filipino - Angeles, Pagcor May Extrajudicially Terminate The Contract Or Agreement Prior To The Expiry Of Its Effectivity Period Without Any Liability And/or Penalty. 13. Other Terms And Conditions Are Stipulated In The Attached Annex A Of The Purchase Order. Bidder’s Commitment: We Hereby Agree And Bind Ourselves To The Terms And Conditions Herein Specified, To The Manner Of Procurement And Evaluation Set Up By The Bc3, To The Provisions Of The Attached (terms And Conditions) Of The Service Contract And To The Rules And Regulations Of The Government And Pagcor. We Understand That Pagcor Is Not Bound To Accept The Lowest Or Any Quotation It May Receive. Very Truly Yours, ____________________________ Signature Over Printed Name / Date Tin:________________________ ____________________________ Position ____________________________ Company Represented Tin: ________________________ ____________________________ Address ____________________________ ____________________________ Tel. No. / Fax No. ____________________________ ____________________________

Details: 2 department Of Veterans Affairs request For Qualifications (rfq) no. 36c77625q0008 dayton Va Medical Center redevelopment Opportunity dayton, Ohio 7 October 2024 date And Time Responses Due: February 7, 2025, At 3pm Est date And Time Questions Due: October 25, 2024 disclaimer the Information Presented In This Request For Qualifications And All Supplements, Revisions, Modifications, Updates, And Addenda Thereto (collectively, The Rfq ), Including (without Limitation) Narrative Descriptions And Information, Is Not Represented To Be All Of The Information That May Be Material To An Offeror S Decision To Submit A Response To This Rfq To Finance, Design, Develop, Renovate, Construct, Operate And Maintain The Project (as Defined Below) On A Portion Of The U.s. Department Of Veterans Affairs (va) Campus Named In Attachment A. neither Va, Nor Any Of Its Contractors, Subcontractors, Officers, Employees, Counsel, Advisors, Or Agents Make Any Representation Or Warranty, Whether Express, Implied, Or Created By Operation Of Law, As To The Accuracy Or Completeness Of This Rfq Or Any Of Its Contents Or Materials Referred To Or Provided Pursuant To Or In Connection With This Rfq, And No Legal Liability With Respect Thereto Is Assumed Or May Be Implied. Any Information Or Site Description Is Merely Provided To Assist Offerors In Their Independent Analysis Of The Decision To Submit A Response. The Transactions Contemplated By This Rfq Involve Significant Risks. Offerors And Their Advisors Should Review Carefully All The Information Set Forth In The Rfq And Any Additional Information Available To Them To Evaluate Such Risks. no Additional Representation Or Warranty, Whether Express, Implied, Or Created By Operation Of Law, Will Be Made By Va. No Person Has Been Authorized To Make Or Give On Behalf Of Va Any Other Written Or Oral Representation, Warranty Or Assurance With Respect To The Project Or The Accuracy Or Completeness Of The Information Provided In This Rfq Or Otherwise And, If Any Such Representation, Warranty, Or Assurance Is Made Or Given, It May Not Be Relied Upon By Any Offeror As Having Been Made By Or On Behalf Of Va, And Va Shall Not Have Any Liability For Or With Respect To Such Statements. table Of Contents 1 Executive Summary 1 1.1 Authority To Outlease 1 1.2 Rfq Terms And Condition Acceptance 2 2 Proposed Development Of Site 2 2.1 Overview Of Solicitation Structure 2 2.2 Location, Background And Description Of The Site 3 2.3 Development Considerations 3 2.3.1 National Historic Preservation Act 3 2.3.2 National Environmental Policy Act And Other Environmental Considerations 4 2.3.3 Infrastructure 4 2.3.4 Legal Considerations 4 2.3.5 Prevailing Wages 5 2.3.6 Handicap Accessibility 6 2.3.7 Eul Statutory Requirements 6 2.3.8 Hrp Statutory Requirements 6 2.3.9 Va S Goals And Objectives 6 2.3.10 Other Considerations 7 3 Lease Exhibits 7 4 Submital Requirements 8 4.1 Time And Date Of Submission 8 4.2 Manner Of Submission 8 4.3 Response Content 9 4.3.1 Cover Letter With Background And Administrative Information 10 4.3.2 Legal Requirements 11 4.3.3 Section 1: Development And Operations Concept 12 4.3.4 Section 2: Development Team Qualifications, Experience, And Past Performance 15 4.3.5 Section 3: Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance 16 4.3.6 Section 4: Financial Wherewithal And Experience Securing Financing 17 5 Evaluation Criteria 18 5.1 Initial Review 18 5.2 Formal Presentations 18 5.3 Selection Process 18 5.4 Selection Timeline 18 5.5 Evaluation Factors 19 6 Miscellaneous Terms And Conditions Applicable To This Rfq 23 6.1 Authorizations By Submission Of Response 23 6.2 Teaming Arrangements And Special Purpose Entities 23 6.3 Hold Harmless 23 7 Ineligibility 23 8 Additional Information 24 attachment A: Site Information 25 attachment B: Supportive Housing Sample Lease Exhibit Outlines 32 attachment C: Non-supportive Housing Sample Lease Exhibit Outlines 33 department Of Veterans Affairs Rfq #36c77625q0008 26 request For Qualifications dayton Va Medical Center redevelopment Opportunity dayton, Ohio executive Summary the United States Department Of Veterans Affairs (va), Under Its Enhanced-use Leasing (eul) Authority (38 United States Code (u.s.c.) §⧠8161 To 8169) And The Historic Reuse Program (hrp) Authority Derived From Title 54 U.s.c. §⧠306121-306122 (formerly Section 111), Is Pleased To Issue This Request For Qualifications (rfq Or Solicitation), Seeking Competitive Responses From Qualified Organizations (offerors) To Serve As Developer(s) In Redeveloping Underutilized Vacant Buildings (described In Attachment A) On The Dayton Va Medical Center Campus In Dayton, Ohio. Redevelopment May Occur Under Va S Eul Authority To Benefit Veterans (directly Or Indirectly) And/or Create Permanent Supportive Housing For Homeless And/or At-risk Veterans And Their Families Or Under Va S Hrp Authority To Reuse And Preserve The Historic Property. authority To Outlease va Is Authorized To Outlease Land And Improvements To Non-federal Entities Through The Eul Program Or Hrp. Such Leases Can Have A Term Of Up To Ninety-nine (99) Years. va S Office Of Asset Enterprise Management (oaem) Administers The Eul Program. The Eul Authority Allows Va To Partner With The Public Or Private Sector To Maximize Returns To Veterans From Underutilized Capital Assets. It Allows Selected Developers To Finance, Design, Develop, Renovate, Construct, Operate And Maintain Supportive Housing And/or Commercial/other Use(s) That Benefit Veterans Directly And/or Indirectly. Va Envisions That Development Of The Eul Site Will Entail Well-planned And Coordinated Endeavor, Which Is Compatible With The Campuses Ongoing Mission-related Activities And The Surrounding Non-va Community. Va S Eul Authority Allows Va To Make Capital Contributions To Eul Projects Using Minor Construction Appropriations Funds. the Hrp Authority Allows Va To Manage, Outlease, Or Exchange Historic Facilities (available Land, Buildings, And Other Resources) In A Manner Consistent With Va S Obligation To Maintain Historic Assets. An Hrp Agreement Can Be Either A Long-term Outlease (up To 99 Years) Of Facilities Under Va S Jurisdiction Of Control To The Public Or Private Sector Or An Exchange Of Historic Properties. This Program Is Administered By The Office Of Real Property (orp) Within Va S Office Of Construction And Facilities Management (ocfm). Unlike Under Eul Authority, Va Is Not Authorized To Make Capital Contributions To Projects Under Its Hrp Authority. offeror(s) Under Both Va Authorities Will Be Authorized And Responsible For Financing, Designing, Developing, Renovating, Constructing, Operating, And Maintaining The Development Site In Accordance With Detailed Development Plan Approved By Va ( Development Plan ) And Applicable Federal, State, And Local Laws, Codes, Ordinances, And Regulations. rfq Terms And Condition Acceptance va Reserves The Right, At Any Time, Without Notice, At Its Sole And Absolute Discretion, To: (a) Reject Any Or All Responses; (b) Extend Any Deadline Set Forth In This Rfq; And (c) Terminate The Rfq Process, In Whole Or In Part. proposed Development Of Site for Offerors Proposing Under Va S Eul Authority, Public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring Our Promise To Address Comprehensive Toxics Act Of 2022 (pact Act) Allows Va To Enter Into Euls That Provide Supportive Housing Or Enhance The Use Of The Leased Property By Directly Or Indirectly Benefitting Veterans. project Types May Include But Are Not Limited To: supportive Housing skilled Nursing Facilities assisted Living Facilities technical Job Training Centers research Facilities mixed-use, Etc. projects That Are Unlikely To Meet Statutory Requirements For Euls Include But Are Not Limited To: commercial Hotels warehouses, Etc. pursuant To 38 U.s.c. § 8162(b)(5), A Proposed Eul May Not Provide For Any Acquisition, Contract, Demonstration, Exchange, Grant, Incentive, Procurement, Sale, Other Transaction Authority, Service Agreement, Use Agreement, Lease, Or Lease-back By Va Or Any Other Federal Entity. Va May Only Receive Cash Consideration And No Forms Of In-kind Consideration Can Be Accepted In Lieu Of Cash Consideration. Va May Enter Into An Eul Without Receiving Consideration. for Offerors Proposing Under Hrp Authority, Va May Lease Or Exchange Its Historic Property So Long As The Lease Or Exchange Will Adequately Ensure The Preservation Of The Historic Property. overview Of Solicitation Structure through This Rfq, Va Is Presenting A Site Available For Redevelopment For An Offeror; Offerors May Submit A Single Response To This Rfq To Develop The Site Referenced In Attachment A. See Sections 4 And 5 Of This Rfq For Required Response Content And Evaluation Criteria. location, Background And Description Of The Site the Intent Of This Solicitation Is To Outline The Requirements For Selection Of A Developer(s) And Its Team(s) For Purposes Of Redeveloping Underutilized Vacant Buildings. It Is Expected That Any Redevelopment Would Also Enhance The Dayton Va Medical Center Campus. the Developer Entering Into An Eul Or Hrp Agreement With Va Will Be Responsible For All Financing, Designing, Developing, Renovating, Constructing, Operating, And Maintaining The Facility. pursuant To 38 U.s.c. §8163, Va Conducted A Public Hearing On The Eul Concept On September 26, 2022, At 6:00 Pm Est; Virtually With The Microsoft Teams Video Conference Application. attachment A Contains Additional Information Regarding The Location, Background Information, And Description Of The Subject Site. Development Considerations in Deciding Whether To Submit A Response To Develop The Proposed Site, The Offeror Should Consider Certain Factors. national Historic Preservation Act prior To Entering Into An Eul Or Hrp Agreement With Va, The Offeror Shall Work With Va To Fulfill The Requirements Of The National Historic Preservation Act, 54 U.s.c. §⧠300101, Et Seq. ( Nhpa ) In Conjunction With The Development And Finalization Of The Proposed Development Plans. Section 106 Of Nhpa, 54 U.s.c. §⧠306108, Requires The Consideration Of The Effects Of The Project On Historic Properties Listed Or Eligible For Listing In The National Register Of Historic Places (nrhp) And Provides Representatives Of The State And Local Governments, Tribes And Other Interested Consulting Parties Sufficient Opportunity To Comment On The Development Plan Prior To Execution Of The Eul Or Hrp Agreement. Section 106 Of The Nhpa Also Requires The Developer To Seek Ways To Avoid, Minimize, Or Mitigate Adverse Effects (e.g., Demolition) That The Development Plan Might Have On Any Historic Properties During The Execution Stage Of The Eul Or Hrp Agreement. Consummation Of This Effort Will Be Accomplished By Va. Va Will Act In Concert With The Offeror, When Necessary, In The Accomplishment Of Historical Compliance. For Guidelines Related To Historic Preservation Requirements, Visit Https://www.achp.gov/protecting-historic-properties. national Environmental Policy Act And Other Environmental Considerations the Eul Or Hrp Project Will Be Subject To All Applicable Federal, State, And Local Environmental Laws, Codes, Ordinances, And Regulations, Including But Not Limited To, The Comprehensive Environmental Response, Compensation, And Liability Act ( Cercla ), 42 U.s.c. §⧠9601-9675; The Resource Conservation And Recovery Act ( Rcra ), 42 U.s.c. §⧠6901, Et Seq; And The National Environmental Policy Act ( Nepa ), 42 U.s.c. §⧠4321-4347. Nepa Requires That Federal Agencies, Including Va, Identify And Evaluate The Potential Environmental Impacts Of A Major Federal Action (e.g., An Eul) On The Human Environment. Va Will Complete The Nepa Analysis Upon Va S Selection Of The Offeror. The Offeror Will Be Required To Provide Development-specific Information To Support The Analysis. The Nepa Analysis Must Be Completed By Va, Prior To Execution Of The Eul Or Hrp Agreement. The Offeror Will Be Responsible For Complying With Mitigation Requirements Of The Nepa Analysis, If Required. The Offeror Shall Comply With All Applicable Environmental Laws And Will Be Responsible For Any Required Cleanup/remediation Activities. Additionally, The Offeror Will Be Responsible For Any Necessary Environmental Studies, Reports, Site Assessments, Seismic, Etc. That Are Needed By Offeror To Meet Offeror S Obligations. Lastly, The Offeror Will Be Responsible For Complying With Any Regulatory Requirements For The Abatement And Removal Of Any Asbestos And/or Lead-containing Material. infrastructure any Available Information About Infrastructure Regarding The Site Is Included In Attachment A. It Is The Responsibility Of The Offeror To Pay Utility Providers For All Utilities Through Separate Metering. It Is The Responsibility Of The Offeror To Bring In The Necessary Utility Lines (water, Sewer, Gas, Electricity, Fiber Optics, Communication, Cable, Etc.) To Operate The Eul Or Hrp Site. Va Is Not Obligated To Provide Selected Offeror Access To Va Owned Utilities Or Resources. legal Considerations overview the Offeror Is Responsible For Conducting Its Own Due Diligence Regarding The Eul Or Hrp Site Including, Without Limitation, Whether (a) The Development Of The Eul Or Hrp Site, As Contemplated By The Response, Can Be Accomplished In Compliance With Applicable Federal, State, And Local Requirements (including Fire, Life Safety, Accessibility, Zoning, State And Local Building Codes, And Other Local Land Use Restrictions); (b) The Condition Of The Eul Or Hrp Site Is Suitable For The Offeror S Contemplated Use; (c) The Necessary Permits, Variances, Special Exceptions And Other Governmental Actions Or Approvals Required For The Contemplated Developments Can Be Reasonably Obtained (at No Cost Or Expense To Va); And (d) The Contemplated Use(s) Is Otherwise Practical And Economically Feasible. Property Is Under Concurrent Jurisdiction. Prior To The Execution Of The Lease Agreement, Offeror Will Need To Have Written Executed Agreements (e.g., Memorandum Of Understanding) Regarding Fire, Police, And Emergency Services In Place, Including Va Concurrence. taxes in Accordance With The Pertinent Provisions Of The Eul Statute (i.e., 38 U.s.c. § 8167), The Offeror During The Eul Term Will Be Subject To Any And All Applicable State And Local Taxes, Fees, Assessments, And Special Assessments Legally Chargeable To The Eul, The Offeror S Leasehold Interest, And The Offeror S Underlying Improvements. However, Neither Va S Interest In The Eul Nor The United States Fee Interest In The Underlying Properties Shall Be Subject, Directly Or Indirectly, To Any State Or Local Laws Relative To Taxation, Fees, Assessments Or Special Assessments. security offeror Is Responsible For Providing Security On The Site. The Offeror Shall Include In Their Response An Overview Of The Physical Security And Electronic Monitoring That Will Be Provided Based Upon The Individual Space Requirements And Tenant Mix Of The Proposed Eul Or Hrp Project. As Part Of The Response, It Should Be Noted That It Is The Requirement Of The Offeror To Provide Security 24/7 For The Site. energy Conservation And Sustainable Design Requirements the Va Sustainable Design Manual () Is The Guidance That Defines The Methodology To Incorporate Sustainable Design, Including Energy Efficiency, In The Eul Or Hrp Project. Va Encourages Offerors To Incorporate Sustainability Over And Above The Standards Found In The Current Va Sustainable Design Manual. In Previous Projects, Some Developers Have Proposed More Aggressive Energy Efficiency And Sustainability Milestones That Made Their Proposals, All Other Elements Considered Equal, More Attractive. To Take Advantage Of Existing Sustainability Work In The Private Sector That Is Well Accepted In The Construction Industry, Va Has Determined That Using A Third-party Rating System Is The Best Method For Fulfilling Va Sustainable Building Requirements In The Eul Or Hrp Project. The Offeror May Propose Using The Leadership In Energy And Environmental Design (leedâ®) Rating System, The Green Globesâ® Rating System, Or An Alternate Rating System. Va Requires That The Project Achieve At Least Leed Silver, Two Green Globes, Or An Equivalent Certification Level By The Alternate Rating Organization. Offerors Proposing To Use An Alternate Rating System Must Submit A Memo To The Va Project Manager Demonstrating That The Alternate Solution Achieves An Equivalent Level Of Certification As Leed Silver, Two Green Globes, Or Both. prevailing Wages unless The Offeror Can Demonstrate To The Satisfaction Of Va In The Form Of A Written Determination Or Written Correspondence From The U.s. Department Of Labor That The Offeror Or The Project Are Exempt Therefrom, Offeror Shall Comply With The Requirements Of The Davis-bacon Act, As Amended, 40 U.s.c. § 3141, Et Seq. And The Relevant Rules, Regulations, And Orders Of The Secretary Of Labor Applicable Thereto. handicap Accessibility the Offeror Will Be Required To Ensure That Its Design, Development, Construction, Operation, And Maintenance Plan And Activities On The Site Comply In All Respects With The Americans With Disabilities Act Of 1990, 42 U.s.c. §⧠12101, Et Seq., And The Architectural Barriers Act Of 1968, 42 U.s.c. §⧠4151, Et Seq., As Amended. eul Statutory Requirements va S Eul And Statutory Requirements Are Codified At 38 U.s.c. §⧠8161-8169 And As Amended. public Law No. 117-168, The Sergeant First Class Heath Robinson Honoring Our Promise To Address Comprehensive Toxics Act Of 2022 (pact Act). Sec. 705 Of The Pact Act, Modifications To Enhanced-use Lease Authority Of Department Of Veterans Affairs . hrp Statutory Requirements va S Hrp Is Authorized By The Nhpa, Specifically Title 54 Of The United States Code Section 306121-306122. This Authority Allows Federal Agencies Such As Va To Outlease Or Exchange Unneeded Historic Properties And Retain Proceeds To Fund Agency Preservation Activities. va S Goals And Objectives va Has The Following Goals And Objectives For The Project: reuse Underutilized Va Properties. This Could Take The Form Of Safe, Affordable, Smoke-free Housing For Veterans And Their Families Who Should Have Priority Placement In Any Housing Project Created On The Site. If Hud-vash Is Used, The Service Provider Must Provide Service Above And Beyond Those Provided By Hud And Va. It Is The Intent That Va Will Provide Case Management Services To Eligible Veterans. This Could Also Take The Form Of Another Use That Benefits Veterans Directly Or Indirectly, Including Commercial Use(s), And/or Reuses And Preserves Historic Property. Note: The Dayton Va Medical Center Will Not Accept Any Uses Of The Site That Are Industrial. (b) Avoid Ongoing Operating Costs Associated With The Upkeep Of Vacant And/or Underutilized Assets. (c) Provide An Innovative Solution Within Current Authority To Preserve A Va-owned, Historic Property. (d) Meet Va S Obligations Under Nhpa To Better Preserve And Protect The Property. other Considerations va Will Not Participate In Or Allow Its Or The United States Underlying Fee Interest In The Land To Be Used As Security For Financing For The Project Or Otherwise, Including Without Limitation, Providing Any Kind Of Guaranty Or Act In Any Way As A Beneficiary For A Financing Vehicle. in Regard To Any Proposed Project-related Financing To Be Obtained By The Offeror, Va As A General Rule Will Not Approve Any Financing That Includes Requirements That Operate To Deny, Restrict, Or Subordinate Va S Right To Terminate The Eul Or Hrp Agreement Upon The Offeror S Failure To Cure An Outstanding Event Of Default Thereunder. This Includes Any Document, To Include The Eul Or Hrp Agreement That Would Prevent Va From Terminating The Eul Or Hrp Agreement Due To Cross Default Arising From One Or More Parcels On The Property. Any Proposed Project Financing That Does Not Comply With This Restriction Must Be Explicitly Identified In The Rfq Response For Va S Unilateral Review And Evaluation. The Successful Offeror Must Establish And Maintain Positive Relations And Communications With State And Local Governmental Authorities And The Local Communities During Negotiations With Va And Any Of Its Representatives. the Successful Offeror Must Integrate Development Activities With Cultural Resources And Historical And Environmental Policy Management Requirements In Support Of Va S Mission And Operations. the Offeror Will Be Responsible For Coordinating The Work Schedule(s) With Va In Order To Minimize Disruption To The Campus Activities And Operations. This Coordination Includes The Work Of Any Contractor Or Subcontractor That The Offeror Retains In Connection With The Project. lease Exhibits following Its Selection, The Offeror Will Be Responsible For Preparing Detailed Lease Exhibits To Include A Development Plan, Operations And Maintenance Plan, And (if Housing Is Proposed) A Tenant Selection Plan For The Project. Attachment B Contains Sample Outlines For Supportive Housing Lease Exhibits. Attachment C Contains Sample Outlines For Non-supportive Housing Lease Exhibits. In Addition, The Offeror Will Need To Provide Other Lease Exhibits Such As A Site And Design Plans. Following Offeror Selection, Va Will Provide Detailed Lease Exhibit Templates. va Recognizes That Formulation Of The Lease Exhibits Will Require The Offeror To Work Closely And Cooperatively With Va. Va Will Provide Final Approval And Cooperate With The Offeror During The Drafting Process To Facilitate Preparation Of The Final Development Plan. It Is Anticipated That The Offeror Will Provide Va With Drafts Of The Lease Exhibits Throughout The Drafting Process. The Lease Exhibits Will Be Subject To Va S Review And Approval And May Be Subject To Review And Comment By Local Government And Other Stakeholders. submital Requirements time And Date Of Submission responses Must Be Received By February 7, 2025, At 3:00 Pm Est (the Closing Time ). Responses Received After The Closing Time Will Not Be Considered. questions Regarding This Rfq May Be Submitted In Writing By Emailing De Carol Smith At Decarol.smith@va.gov And Shahidat Abbas At Shahidat.abbas@va.gov By September 30, 2024. Questions Received After This Date May Not Be Considered. Responses Will Be Provided By An Amendment To The Rfq. All Government Communication Regarding This Rfq Shall Be From The Portfolio Managers, De Carol Smith And Shahidat Abbas. manner Of Submission responses Will Be Accepted By Electronic Means And Hard Copy. For Electronic Submission, Please Submit Responses Via Email To De Carol Smith At Decarol.smith@va.gov And Shahidat Abbas At Shahidat.abbas@va.gov. Please Note, Due To The Size Of Response Content, Offeror Will Need To Submit Rfq Response In Multiple Emails (20mb Capacity Per Email To Include Attachments) Labeled By Section Name And Subsection (see Rfq Section 4.3 For Additional Details). The Entire Response Must Be In Pdf Format. In Addition, Any Excel Or Other Spreadsheets That Allow Data To Be Manipulated Must Be Included In Their Native (i.e., Excel), Unprotected And Accessible Format. However, One Hard Copy Must Be Delivered By Mail, Courier, Or Hand Delivery To The Following Address: attention: C. Brett Simms designated Va Representative department Of Veterans Affairs office Of Asset Enterprise Management (044c) 810 Vermont Avenue, Nw washington, Dc 20420 each Hard Copy Of The Response Must Be Bound In A Three-ring Binder (to Allow Va To Easily Remove Parts For Copying And/or Circulation). responses Must Be In A Sealed Envelope Or Package With The Following Information Conspicuously And Legibly Written Or Typed On The Outside: offeror S Name; offeror S Complete Mailing Address; name And Contact Information For Offeror S Contact Person (e.g., Telephone, Email And Facsimile); And the Following Statement (to Be Completed Upon Delivery To Va): Response Received By Va As Of _____________(time) On _____________ (date) response Content each Response Must Contain The Following Sections Applicable To The Offeror S Proposed Project In The Following Order, With Each Section Clearly Labeled, Beginning On A New Page And Not Exceeding The Applicable Section Page Limit. section # section Name And Subsections (note: Separate Sections And Subsections With Tabs In Hard Copies) page Limit na cover Letter (including Background And Administrative Information) 5 Pages 1 development And Operations Concept team Composition And Structure development Concept alignment Of Development Concept With Va Goals And Objectives project Financing Plan project Timeline management Approach (development, Property Management, Subcontractors, And, If Applicable, Supportive Services) proposed Veteran Hiring And Community Relations Strategies For Project 25 Pages (includes Resumes) 2 development Team Qualifications, Experience, And Past Performance development Qualifications And Experience development Past Performance development Team Key Personnel Qualifications tab 2d: Veteran Hiring And Community Relations Experience 20 Pages 3 property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance tab 3a: Property Management (and, If Applicable, Supportive Services) Qualifications And Experience tab 3b: Property Management (and, If Applicable, Supportive Services) Past Performance tab 3c: Property Management (and, If Applicable, Supportive Services) Key Personnel Qualifications 20 Pages 4 financial Wherewithal And Experience Securing Financing tab 4a: Financial Wherewithal tab 4b: Experience Securing Financing 15 Pages (excludes Financial Statements) appendix A financial Statements And Auditor S Opinion Letter no Limit appendix B explanation Of Any Legal Issues (if Any) no Limit pages Submitted That Are In Excess Of Any Page Limit (including A Section Page Limit) Will, At Va S Sole Discretion, Be Discarded And Not Reviewed Or Evaluated By Va. Supporting Data, Such As Explanations Of Any Legal Issues, And Auditor S Opinion Letter, Will Not Count Against The Page Limits. Responses Must Be Typewritten In Arial 11-point Font Size Or Greater. For Purposes Of The Response, A Key Team Member Should Be Considered Any Member That Will Be Responsible For Approximately 20% Or More Of The Services Or Fees Under This Proposed Project. cover Letter With Background And Administrative Information a Cover Letter (on The Offeror S Letterhead) Must State That The Offeror Has Read And Agrees To Comply With All The Terms, Conditions, And Instructions Provided In This Rfq. Any Requests For Waivers Or Exceptions Must Be Clearly Identified In The Cover Letter And Shall Be Subject To Va S Review And Approval. the Cover Letter Must Also Contain The Following General Information About The Offeror And The Offeror S Team (if Applicable). (note: In The Case Of An Offeror That Is A Special Purpose Entity, Include Information On Each Partner, Member, Or Shareholder Of The Offeror.) administrative Information: Company/organization Name; Employer/tax Identification Number; Dunn And Bradstreet (duns) Number; Proof Of Vetbiz Verification (if A Service-disabled Veteran-owned Small Business Or Veteran-owned Small Business); Mailing Address; Main Telephone Number; And Main Facsimile Number. authorized Representative: Name And Contact Information (mailing Address; Telephone Number; E-mail Address; And Facsimile Number) Of The Representative Authorized To Act On Behalf Of The Offeror. day-to-day Point Of Contact: Name And Contact Information (mailing Address; Telephone Number; E-mail Address; And Facsimile Number) Of The Individual Designated By The Offeror As The Person To Whom Questions And/or Requests For Information Are To Be Directed. form Of Business: Description Of The Offeror S Form Of Business (whether A For-profit Corporation, A Nonprofit Or Charitable Institution, A Partnership, A Limited Liability Company, A Business Association Or A Joint Venture), State Of Incorporation, And A Brief History Of The Organization And Its Principals: articles Of Incorporation, Partnership, Joint Venture, Or Limited Liability Company Agreement (note: For Any Offeror Or Team Member, As Applicable, That Is A Sole Proprietorship, Provide Current Mailing Address And A Summary Of Current Business Activity); current Certificate Of Good Standing; by-laws; copy Of Corporate Resolutions, Certified By A Corporate Officer, Authorizing The Offeror S Submission Of, Or Team Member S Participation With The Offeror In The Submission Of, The Response And The Entity S Authority To Proceed With The Project (assuming An Rfq Award Is Made, And Va S Approval Is Obtained); And list Of Principals. legal Requirements state Whether The Offeror Or Any Offeror S Team Member, As Applicable, Has Ever Been Terminated For Default, Non-compliance, Or Non-performance On A Contract Or Lease, Or Debarred From Any Federal, State, Or Local Government Contracts And, If So, Provide The Date And A Detailed Description Of The Occurrence In An Appendix (note: This Additional Detail Does Not Count Against Page Limits); And list Each Instance Within The Past Ten (10) Years And Explain In Sufficient Detail In An Appendix As Necessary (detail Does Not Count Against Page Limits) In Which The Offeror, Or Any Offeror S Team Member, Or Any Principal, Partner, Director, Or Officer Of Such Entities Was: convicted Of Or Pleaded Guilty Or Nolo Contendre To A Crime (other Than A Traffic Offense); subject To An Order, Judgment, Or Decree (including As A Result Of A Settlement), Whether By A Court, An Administrative Agency, Or Other Governmental Body, Or An Arbitral Or Other Alternative Dispute Resolution Tribunal, In Any Civil Proceeding Or Action In Which Fraud, Gross Negligence, Willful Misconduct, Misrepresentation, Deceit, Dishonesty, Breach Of Any Fiduciary Duty, Embezzlement, Looting, Conflict Of Interest, Or Any Similar Misdeed Was Alleged (regardless Of Whether Any Wrongdoing Was Admitted Or Proven); subject To An Action Or Other Proceeding, Whether Before A Court, An Administrative Agency, Governmental Body, Or An Arbitral Or Other Alternative Dispute Resolution Tribunal, Which, If Decided In A Manner Adverse To The Offeror, Team Member, Principal, Partner, Director, Or Officer (as Applicable), Would Reasonably Be Expected To Adversely Affect The Ability Of The Offeror Or Team Member To Perform Its Obligations With Respect To The Project (including The Ability To Obtain Or Repay Financing); debarred, Suspended, Proposed For Debarment, Declared Ineligible Or Voluntarily Excluded From Covered Transactions By Any Federal, State, Or Local Department Or Agency; notified That It Is In Default Of Any Federal, State, Or Local Contract Or Grant If Yes, Provide The Reason For The Default And Whether The Default Was Cured; terminated For Cause Or Default On One Or More Public Transactions (federal, State, Or Local); And party To Litigation Or A Formal Alternative Dispute Resolution (adr) Process (e.g., Binding Arbitration) Involving A Claim In Excess Of $50,000. For Those Matters Involving A Claim Equal To Or In Excess Of $500,000, Describe In Detail The Litigation Or Adr Process section 1: Development And Operations Concept in This Section, The Offeror Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror S Overall Development And Operations Concept. Specifically, This Section Must Include The Following: tab 1a: Team Composition And Structure provide Brief Descriptions Of Offeror Entity And The Offeror S Team Members (i.e., Organizational Purposes Or Missions, Services Provided, Etc.), Including Key Roles And Responsibilities. The Offeror Should Describe Past Experience Working With The Offeror S Team Members. Provide An Organizational Chart Showing The Relationship Between The Offeror And The Offeror S Team Members, As Appropriate, Along With Their Roles And Responsibilities. Explain The Offeror S Approach To Managing The Team, Including Prior Experience Engaging And Overseeing The Work Of Multiple Team Members And Subcontractors. tab 1b: Development Concept state Whether The Offeror S Development Concept Falls Under Va S Eul Or Hrp Authority (see Rfq Sections 1.1 And 2). Provide A Brief Description Of The Offeror Team S Understanding Of Va S Development Objectives (see Rfq Section 2.3.8), The Developer Concept (to Also Include Site Construction And Building Design), And The Developer S Assets And Infrastructure To Be Redeveloped Under Va S Eul Authority Into Supportive Housing Or Commercial/other Use(s) That Benefit Veterans Directly Or Indirectly Or Under Va S Hrp Authority To Reuse And Preserve The Historic Property (see Rfq Section 2). Identify Potential Risks And Challenges Associated With The Project And Related Mitigation Strategies. Describe The Offeror S Plan To Identify And Evaluate Potential Assets For Redevelopment And Undertaking All Necessary Investigation Activities To Produce Development Scenarios. List Any Required Studies To Be Performed. Provide A Timeline For Development Of These Scenarios And Plans, Including Any Required Studies. tab 1c: Alignment Of Development Concept With Va Goals And Objectives identify How Proposed Development Will Meet Va S Goals And Objectives As Outlined In Rfq Section 2.3.9. As Applicable, State What Direct Or Indirect Veteran Benefits The Project Will Provide And How Historic Assets Will Be Preserved. tab 1d: Project Financing Plan provide A Narrative That Describes The Offeror Team S Strategy To Obtain Financing For This Project, Including Contingency Plan(s) In The Event One Or More Sources Of Funding Are Not Available. The Narrative Should Also Explain Key Assumptions Reflected In The Following Required Budgets To Be Provided In A Working Microsoft Excel Document (excluded From Page Count): development Budget Sources And Uses: Development Budget Must Show Estimated: (a) Total Development Costs For The Project, Including Hard And Soft Costs; (b) Financing Costs, Including Types And Amounts Of Debt And Equity, And Underlying Amortization Periods; (c) Ownership Structure, Including Percentage Of Ownership By The Offeror (or In The Case Of A Special Purpose Entity, Each Team Member); And, (d) All Capital Funding Sources (e.g., Low Income Housing Tax Credit Equity, Equity Provided By The Lessee, Federal, State And Local Government Funding, Grant Proceeds, Loan Proceeds, Etc.) Used To Finance The Project. Note That Va Is Authorized To Provide Eul Projects With A Capital Contribution, But Va Is Not Authorized To Make Capital Contributions To Projects Under Its Hrp Authority. annual Operating Budget: List All Estimated Annual Revenues For The Project, Including Expected Monthly Rents By Unit Type And The Basis For /source Of Rent (e.g., Rental Vouchers). In Addition, List All Expected Annual Operating Expenses Associated With The Project. Provide A 30-year Cash Flow Projection In A Working Microsoft Excel Document (excluded From Page Count). annual Supportive Services Budget (if Applicable): List All Expected Annual Supportive Services Expenses For The Eul Or Hrp Site And Projected Sources Of Funding. tab 1e: Project Timeline the Offeror S Response Must Contain A Timetable For The Project Containing The Following Key Dates: project Financing Sources: Anticipated Application, Award, And Closing Dates For Each Project Phase (as Applicable). design Milestones: Completion Dates For Each Project Phase (as Applicable). eul Or Hrp Agreement Execution: Eul Or Hrp Agreement Execution Cannot Occur Until All Financing Commitments Have Been Obtained. For Eul Projects, The Eul Agreement Cannot Be Executed Until The Office Of Management And Budget Has Completed Its Review Of The Eul, And Congress Has Been Provided 45-day Notification Of Va S Intent To Execute The Eul; construction: Start And Completion Dates For Each Project Phase (as Applicable); And, occupancy: Date The Facility Is Open For Operation For Each Project Phase (as Applicable). tab 1f: Management Approach (development, Property Management, Subcontractors, And, If Applicable, Supportive Services) describe The Offeror Team S Approach To Operation, Management, Security, And Maintenance Of The Project In Accordance With Private Sector Standards. Provide A Staffing Plan (number Of Ftes And Type) For The Ongoing Operation Of The Project. The Response Shall Contain The Physical And Electronic Security Measures That Will Be Provided Based Upon The Individual Space Requirements And Tenant Mix Of The Proposed Eul Or Hrp Project. Include Proposed Approach For Management And Operations Within The Development Team, Property Management, Subcontractors, And Supportive Services (if Applicable). tab 1g: Proposed Veteran Hiring And Community Relations Strategies For Project describe The Offeror S Outreach Strategies To Maximize Participation Of Service-disabled Veteran-owned Small Businesses (sdvosbs), Veteran-owned Small Businesses (vosbs), Local Small Businesses, And Other Small Businesses, In All Aspects Of The Evaluation Of Assets And Subsequent Development Processes. Provide A Summary Of The Offeror Team S Plan To Increase Employment Opportunities (to Also Include Internships) For Veterans Associated With This Project. Explain The Offeror Team S Experience And Customized Approach To Managing Community Relations And Interacting With State And Local Government Officials (i.e., Zoning, Environmental, Shpo, Local Community, Stakeholders, Etc.). Describe Any Experience In Managing Relations With The Surrounding Community. section 2: Development Team Qualifications, Experience, And Past Performance in This Section, The Response Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror Team S Relevant Experience And Operations Qualifications, Experience, And Past Performance. Specifically, This Section Must Include The Following: tab 2a: Development Team Qualifications And Experience list And Explain In Sufficient Detail The Offeror Team S Relevant Development Qualifications And Experience. Identify Any Past Experience Working With Va And Federal, State And Local Governments, If Any. tab 2b: Development Team Past Performance describe Three (3) Similar Relevant Development Efforts (past Or Current) Developed By The Offeror Or One Of Its Team Members That Are Comparable To The Subject Project To Be Developed. Each Project Described Should Have Been Completed Within The Past Ten (10) Years. For Each Project Listed, The Following Information Should Be Included: project Name location type Of Project / Use size Of Project (square Footage, Units, Number Of Buildings, Acreage, Etc.) amount, Type, And Sources Of Financing historic Buildings (if Any) description Of The Associated Infrastructure date Of Project Completion number Of Years Involved With The Development role Of The Offeror Team Member(s) contact Information For A Reference Who Va Can Contact Regarding Performance And Client Or Stakeholder (as Applicable) Satisfaction. Note: Including A Reference On This List Will Constitute Authorization For Va To Contact And Discuss The Offeror S Or Team Member S Performance. tab 2c: Development Team Key Personnel Qualifications identify The Key Personnel Who Will Lead The Developer S Community/neighborhood Planning Tasks, As Well As The Day-to-day Point Of Contact. For Each Key Personnel Named Provide A: description Of Their Proposed Role; discussion Of The Extent To Which Key Personnel Have Worked Together On Other Similar Projects; And, resume That Includes A Description Of The Person S Duties And Responsibilities, Education, Years Of Relevant Experience, Certifications/licenses, Skills, Expertise, Other Relevant Qualifications (note: Resumes Count Against Page Limits). tab 2d: Veteran Hiring And Community Relations Experience describe Any Experience Implementing Targeted Veteran Hiring Efforts And The Results Of Those Efforts. Explain The Offeror Team S Experience Managing Community Relations And Interacting With State And Local Government Officials (i.e., Zoning, Environmental, Shpo, Local Community, Stakeholders, Etc.). Describe Any Experience In Managing Relations With The Surrounding Community For Comparable Developments. section 3: Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance in This Section, The Response Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror Property Management Team S Supportive Housing Or Commercial/other Use(s) Development And Operations Qualifications, Experience, And Past Performance. Specifically, This Section Must Include The Following: tab 3a: Property Management (and, If Applicable, Supportive Services) Qualifications And Experience list And Explain In Sufficient Detail The Offeror Team S Relevant Supportive Housing Or Commercial/other Use(s) Property Management Qualifications And Experience. Identify Any Past Experience Working With Va, Federal, State And Local Governments, If Any. tab 3b: Property Management (and, If Applicable, Supportive Services) Past Performance describe Three (3) Similar Supportive Housing Or Commercial/other Use(s) Management Efforts (past Or Current) Developed By The Offeror Or One Of Its Team Members That Are Comparable To The Subject Project To Be Developed. Each Project Described Should Have Been Completed Within The Past Ten (10) Years. For Each Project Listed, The Following Information Should Be Included: project Name location type Of Project / Use(s) size Of Project (square Footage, Units, Number Of Buildings, Acreage, Etc.) amount, Type, And Sources Of Financing historic Buildings (if Any) description Of The Associated Infrastructure date Of Project Completion number Of Years Involved With The Development role Of The Offeror Team Member(s) contact Information For A Reference Who Va Can Contact Regarding Performance And Client Or Stakeholder (as Applicable) Satisfaction. Note: Including A Reference On This List Will Constitute Authorization For Va To Contact And Discuss The Offeror S Or Team Member S Performance also, Provide A Summary Of The Proposed Management And Operations Plans Specific To The Proposed Project Site And Use. Tab 3c: Property Management (and, If Applicable, Supportive Services) Key Personnel identify The Key Personnel Who Will Lead The Property Management (and, If Applicable, Supportive Services) Planning Tasks, As Well As The Day-to-day Point Of Contact. For Each Key Personnel Named Provide A: description Of Their Proposed Role; discussion Of The Extent To Which Key Personnel Have Worked Together On Other Similar Projects; And, resume That Includes A Description Of The Person S Duties And Responsibilities, Education, Years Of Relevant Experience, Certifications/licenses, Skills, Expertise, Other Relevant Qualifications (note: Resumes Count Against Page Limits). section 4: Financial Wherewithal And Experience Securing Financing in This Section, The Response Should Include All Relevant Information Necessary To Allow Va To Assess The Offeror Team S Financial Wherewithal And Ability To Secure Financing For Comparable Development Projects. Specifically, This Section Must Include The Following: tab 4a: Financial Wherewithal provide A General Overview Of The Offeror Team S Financial Stability And Evidence Of Their Financial Wherewithal To Develop Supportive Housing Communities And/or Other Relevant Use(s) With Associated Infrastructure, Roads, And Amenities. Please Attach Supporting Documentation To Include An Auditor S Opinion Letter(s) And The Offeror And Its Team Members Most Recent Audited Financial Statements. If Audited Financial Statements Are Not Available, Please Submit Unaudited Financial Statements. (note: Supportive Documentation And Financial Statements Do Not Count Against The Page Limits.) tab 4b: Experience Securing Financing summarize The Offeror Team S Experience Directly Securing Financing For Similar Projects To The Proposed Project In The Last 10 Years. Provide Brief Descriptions Of Three (3) Similar Efforts For Which The Offeror S Team Has Directly Secured Financing. For Each Example, Include Project Information, Including: project Name location description Of Project Type / Use(s) total Development Cost specific Funding Sources Secured, And role Of The Offeror Team Member. evaluation Criteria Initial Review following The Rfq Submission Deadline, Va Will Initially Review All Submissions For Completeness And Adherence To The Requirements And Conditions Set Out In This Rfq. Va Reserves The Right To Reject Submissions That Are Incomplete Or Fail To Adhere To The Requirements Set Forth In This Rfq. Formal Presentations complete And Acceptable Submissions Will Be Further Reviewed And Evaluated By Va, Ranked In Order, And A Competitive Range Established. Offerors Whose Submissions Are Found To Be Within The Competitive Range May Be Given The Opportunity, At Va S Sole Discretion, To Make A Formal Presentation To Va And Receive Questions Regarding Their Response. If A Presentation Is Required, Notice Will Be Provided To Those Offerors Asked To Make A Presentation And The Details Regarding That Presentation (i.e., Length Of Presentation, Etc.) Will Be Provided In The Notice. Selection Process the Government Intends To Review All Factors For Award In Making A Selection. Selection Will Be Based On An Integrated Assessment Of The Factors Set Forth In Section 5.5 Below. Selection Timeline va Anticipates Selection Of A Developer By December 2024. Evaluation Factors the Responses Will Be Evaluated Based On The Following Four Equally Weighted Factors. Where Factors Include Subfactors, Each Subfactor Will Also Be Equally Weighted. The Evaluation Factors Are As Follows: 5.5.1 Factor 1: Development And Operations Concept factor 1 Will Consist Of An Assessment Of The Offeror S Team Composition And Structure, Development Concept, Alignment Of Development Concept With Va S Goals And Objectives, Financing Plan, Timeline, Project Management Approach, And Veteran Hiring And Community Relations For This Project. Factor 1 Is Comprised Of The Following Seven (7) Equally Weighted Subfactors: subfactor 1a: Team Composition And Structure va Will Assess The Offeror Team S Composition To Assess Capabilities And Skillsets, Including Key Roles And Responsibilities. Va Will Also Assess The Extent To Which The Offeror S Team Has Worked Together Previously On Similar Projects. The Organizational Chart Will Be Reviewed To Understand The Relationships Between The Different Team Members And Establish Whether Clear Lines Of Accountability Are In Place. subfactor 1b: Development Concept va Will Review The Offeror Team S Understanding Of The Requirements And Developer Technical Approach (to Include Development Concept And Proposed Site Construction/building Design) To Assess How The Offeror Team Proposes To Effectively Accomplish The Project. The Response Should Identify Whether The Offeror Is Proposing Under Va S Eul Or Hrp Authority, Demonstrate The Offeror Team S Understanding Of The Complexity Of The Project, Potential Risks And Challenges, Proposed Mitigation Strategies, And The Importance Of Close Communication And Collaboration With Va Throughout The Process. Additionally, Va Will Assess The Viability Of The Proposed Timeline For Development Of These Scenarios And Plans, Including Any Required Studies. subfactor 1c: Alignment Of Development Concept With Va Goals And Objectives va Will Assess If Offeror(s) Development Plans Include A Clear Concept That Meets Va S Goals And Objectives As Outlined In Rfq Section 2.3.9, Including Whether Project Provides Direct And/or Indirect Benefits To Veterans And/or Provides For Preservation Of The Historic Property. subfactor 1d: Project Financing Plan a Realistic And Viable Financing Plan Should Be Provided For The Project. Va Will Review The Anticipated Sources And Uses For The Project For Development, Operations, And Provision Of Services (if Applicable), As Well As The Proposed Operating And Supportive Services (if Applicable) Budgets, To Assess The Offeror Team S Understanding Of The Project And Funding Availability, Including Contingency Plans. subfactor 1e: Project Timeline va Will Review The Proposed Project Timeline For Completeness And Inclusion Of All Required Milestones. The Offeror Team Should Provide A Realistic Project Development Timeline For Va S Review. subfactor 1f: Management Approach (development, Property Management, Subcontractors, And, If Applicable, Supportive Services) va Will Evaluate The Offeror Team S Approach To Development, Operation, Property Management, Security, And Maintenance Of The Project In Accordance With Private Sector Standards And Ensuring The Long-term Viability And Security Of The Project. The Property Management Plan Should Be Customized To The Proposed Product Type. Va Will Assess The Viability Of The Staffing Plan For The Proposed Operations Of The Project. The Subcontractor Management Approach Should Demonstrate The Offeror S Ability To Manage Multiple Entities Across Disparate Fields And Locations To Achieve A Common Goal. subfactor 1g: Proposed Veteran Hiring And Community Relations Strategies For Project va Will Assess The Offeror Team S Community Relations Strategy For The Project And The Extent Of The Offeror Team S Local Knowledge And Understanding. Va Will Also Assess The Extent To Which The Offeror Team S Prior Experience And Proposed Outreach Plan Will Maximize The Participation Of Sdvosbs, Vosbs, Local Small Business, And Other Small Businesses In All Aspects Of The Evaluation Of Assets And Subsequent Development Processes. It Is Also Important That The Offeror Team Provide A Clear And Realistic Plan To Hire Veterans (and Provide Internships For Veterans) In Association With This Project. 5.5.2 Factor 2: Development Team Qualifications, Experience, And Past Performance the Focus Of Factor 2 Is On The Offeror Team S Relevant Development Team Qualifications, Experience, And Past Performance. Factor 2 Is Comprised Of The Following Four (4) Equally Weighted Subfactors: subfactor 2a: Development Team Qualifications And Experience va Will Review The Extent To Which The Offeror S Team Has Demonstrated Expertise And Experience Developing Projects Similar To That Which The Offeror Is Proposing, Including Experience Working With Federal, State, And Local Government Entities. Va Will Also Evaluate The Offeror Team S Track Record Of Working With Qualified Property Management And Supportive Services Providers (as Applicable) And Their Associated Qualifications And Experience. subfactor 2b: Development Team Past Performance va Will Assess The Extent To Which The Offeror S Team Has A Proven Track Record Of Successfully Developing Relevant Projects To The Proposed Project. The Projects Identified Should Be Of Similar Size, And Scope To What Is Being Proposed For The Eul Or Hrp Site. The Information Provided For Each Of The Projects Will Be Reviewed For Completeness And Relevancy. subfactor 2c: Development Team Key Personnel Qualifications va Will Review The Qualifications Of The Proposed Key Personnel To Assess Their Ability To Successfully Complete The Developer S Responsibilities And Assist Va In Developing And Implementing The Most Viable Development Scenario. The Key Personnel Roles Should Be Clearly Identified, Along With Each Person S Relevant Experience, Skills, Expertise, And Education. subfactor 2d: Veteran Hiring And Community Relations Experience offeror Teams Will Be Evaluated On Their Experience And Success In Undertaking Veteran Hiring Efforts For Similar Projects. Va Also Intends To Evaluate The Offeror Team S Experience With Managing Community Relations. Offeror Teams Should Demonstrate Local Market Knowledge And Experience Working With The Stakeholder Community On Similar Projects To The Proposed Project. 5.5.3 Factor 3: Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance the Focus Of Factor 3 Is On The Offeror Team S Relevant Property Management (and, If Applicable, Supportive Services) Team Qualifications, Experience, And Past Performance. Factor 3 Is Comprised Of The Following Three (3) Equally Weighted Subfactors: subfactor 3a: Property Management (and, If Applicable, Supportive Services) Qualifications And Experience va Will Review The Extent To Which The Offeror Team Has Demonstrated Expertise And Experience Managing And Operating Comparable Projects To The Proposed Project And Experience Working With Federal, State, And Local Government. Va Will Also Evaluate The Proposed Property Management And Supportive Services Provider S (if Applicable) Associated Qualifications And Experience. Va Will Also Consider The Adequacy Of Safety And Security Measures Implemented Successfully At Other Similar Projects. subfactor 3b: Property Management (and, If Applicable, Supportive Services) Past Performance va Will Assess The Extent To Which The Offeror Team Has A Proven Track Record Of Successfully Managing And Operating Comparable Projects To The Proposed Project. The Projects Identified Should Be Of Similar Size, Scope, And Complexity To The Proposed Project. The Information Provided For Each Of The Projects Will Be Reviewed For Completeness And Relevancy. subfactor 3c: Property Management (and, If Applicable, Supportive Services) Key Personnel va Will Review The Qualifications Of The Proposed Project Operations Key Personnel To Assess Their Ability To Successfully Manage The Project For The Duration Of The Lease Term. The Key Personnel Roles Should Be Clearly Identified, Along With Each Person S Relevant Experience, Skills, Expertise, And Education. 5.5.4 Factor 4: Financial Wherewithal And Experience Securing Financing factor 4 Consists Of An Evaluation Of The Offeror Team S Financial Wherewithal And Experience Securing Financing For Comparable Projects. Factor 4 Is Comprised Of Two (2) Equally Weighted Subfactors: subfactor 4a: Financial Wherewithal va Will Assess The Financial Wherewithal Of The Offeror S Team To Undertake Their Proposed Development. Va Will Evaluate Whether The Response Has Provided Sufficient Evidence And Documentation, As Required By The Rfq, To Demonstrate The Financial Wherewithal And Current Financial Capacity To Successfully Execute A Project Of This Size, Scope And Complexity. subfactor 4b: Experience Securing Financing va Will Review The Offeror Team S Experience Securing Financing Similar To Funding Needed For The Proposed Development On The Site. The Offeror S Team Should Demonstrate A Proven Track Record Of Directly Securing Traditional And Non-traditional Project Financing. miscellaneous Terms And Conditions Applicable To This Rfq authorizations By Submission Of Response any And All Information Provided By An Offeror And Its Team Members May Be Used By Va To Conduct Credit And Background Checks. teaming Arrangements And Special Purpose Entities multiple Offerors May Form A Joint Venture For The Purpose Of Submitting A Response To This Rfq. A Special Purpose Entity May Also Be Created For The Purpose Of Submitting A Response. Va May Require That Financial And Performance Guarantees Be Provided By These And Other Offerors As Well As Team Members. Potential Offerors Who Do Not Have Strong Experience Or Skills In All The Required Areas (e.g., Financial Structuring, Development, Property Management, Operations, Services Delivery, Etc.) May Consider Submitting Responses Jointly With Entities Whose Experience Can Complement Their Own. (note: Va Will Not Be Involved In Facilitating Partnering Or Teaming Arrangements.) hold Harmless by Participating In The Rfq Process, Each Offeror Agrees To Indemnify And Hold Harmless Va And The United States Government And Each Of Their Respective Officers, Employees, Contractors, And Advisors From And Against Any And All Real Estate And Other Brokerage Fees Or Commissions, Finder S Fees, And Other Forms Of Compensation Related In Any Way To Activities Undertaken By Any Person As A Result Of Such Person S Efforts Towards And/or Participation In This Rfq Process Or The Submission By Such Person Of A Response, And Liabilities, Losses, Costs, And Expenses (including Reasonable Attorney S Fees And Expenses) Incurred By Any Indemnified Party (including Va) As A Result Of, Or In Connection With, Any Claim Asserted Or Arising As A Result Of, Or In Connection With, This Rfq Process. ineligibility the Following Persons (including Entities) Are Ineligible To Be An Offeror Or A Team Member Of An Offeror Or Otherwise Participate In The Project (including As A Contractor, Subcontractor, Or Professional): (a) Any Person That Has Been Debarred Or Suspended From Doing Business With Va; (b) Neither Such Person Nor Any Of Its Partners, Members, Or Principal Stockholders Is Listed On Any Non-procurement Or Reciprocal Lists On The Most Current System For Award Management Published By The U.s. General Services Administration Atâ www.sam.gov, As Updated From Time To Time, Or Any Replacement Thereof; (c) Neither Such Person Nor Any Of Its Partners, Members, Or Principal Stockholders Is A Person Who Poses A Security Or Safety Risk As Determined By The Secretary Of State, Including But Not Limited To Any Person Who Either Represents A Country, Or Is A Member Of Or Provides Political, Financial Or Military Support To A Group, That Is Listed In The Most Current Patterns Of Global Terrorism Report, Issued By The Secretary Of State In Compliance With 22 U.s.c. § 2656f(a), Available From The Superintendent Of Documents, U.s. Government Printing Office, Washington, Dc 20402 And Also Available Atâ http://www.state.gov/global/terrorism/annual_reports.html; And (d) Neither Such Person Nor Any Of Its Partners, Members Or Principal Stockholders Is Subject To A Criminal Indictment Or Information For A Felony In Any Court In The United States. For Purposes Of This Solicitation, The Term Principal Stockholder Shall Mean Any Person Who Is A Beneficial Owner (as Defined For Purposes Of Rule 13d-3 Of The Securities And Exchange Act Of 1934, As Amended And Promulgated By The Securities And Exchange Commission) Of Ten Percent (10%) Or More Of The Outstanding Stock Or Other Equity Of The Offeror. additional Information all Of The Information Required To Be Provided In Each Response Pursuant To Section 8 Of This Rfq Is Important To Va S Analysis And Evaluation Of Each Response. Va May Utilize Outside Sources In Addition To All Of The Information Provided In A Response In Evaluating Each Offeror S Submission. neither Va Nor Any Of Its Contractors, Subcontractors, Officers, Employees, Counsel, Advisors, Or Agents, Make Any Representation Or Warranty, Whether Express, Implied, Or Created By Operation Of Law, As To The Accuracy Or Completeness Of This Rfq Or Any Of Its Contents Or Materials Referred To Therein, And No Legal Liability With Respect Thereto Is Assumed Or May Be Implied. va Reserves The Right To: (a) Make A Selection Under This Rfq As A Result Of Initial Offers Submitted; And (b) Reject Any Or All Offers At Any Time Prior To Award And Cancel This Solicitation. Therefore, All Initial Offers Should Comprehensively Address Each Of The Requirements Set Forth Herein And Contain The Offeror S Best Terms. by Submitting A Response, Each Offeror Accepts All The Terms And Conditions Set Forth In This Rfq, And Any Updates, Supplements, And Amendments Thereto. Any Conflict (whether Actual Or Perceived) Between Different Parts Of This Rfq, As Between An Offeror And Va, Shall Be Resolved At The Sole And Absolute Discretion Of Va. in No Event Shall Va Be Liable For Any Fees, Costs, Or Expenses Associated With Any Of The Offeror S (or Their Brokers, If Any) Activities (e.g., Preparation, Discussions, Clarifications, Submissions, Or Negotiations), Relating Directly Or Indirectly To This Solicitation. Accordingly, As A Condition Of Submitting Its Response, Each Offeror Hereby Agrees To Indemnify And Hold Va Harmless For Any And All Such Fees, Claims, Liabilities, And Costs Arising In Connection With This Rfq And Its Underlying Process. any Relationship Between Va And An Offeror Arising From The Solicitation Is Subject To The Specific Limitations, Terms, Conditions, And Representations Expressed In This Rfq. Any Substantive Questions Or Concerns To Include Conflicts, Apparent Conflicts, Or Any Other Substantive Matters Regarding This Rfq Which May Arise During Preparation Of An Offeror S Response Should Be Addressed, In Writing, To: Decarol.smith@va.gov And Shahidat.abbas@va.gov.

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity Named In The Bds Invites Bids For The Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications. 1.2 The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 Unless Otherwise Specified In The Bds, The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019; (ii) “fraudulent Practice” Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; Or (f) (g) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid. A Bidder Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors And Controlling Share Holders Or Members; And (e) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2 Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds. (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have Completed A Single Largest Completed Contract (slcc) Similar To The Project The Value Of Which, Adjusted If Necessary, By The Bidder To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(ii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). If The Prospective Bidder Opts To Submit A Committed Line Of Credit (clc), It Must Be At Least Equal To Ten Percent (10%) Of The Abc To Be Bid And Issued By A Universal Or Commercial Bank. 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Viii – Bidding Forms As Required In Itb Clause 12.1(b)(iv). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.4; (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7 Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8 The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Non-refundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Comply With The Eligibility Criteria And The Documentary Requirements Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Goods Shall Be Disallowed. 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarifications On Any Part Of The Bidding Documents For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts Within The Period Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) Name Of The Contract; (ii.2) Date Of The Contract; (ii.3) Contract Duration; (ii.4) Owner's Name And Address; (ii.5) Kinds Of Goods; (ii.6) (ii.7) (ii.8) (ii.9) For Statement Of Ongoing Contracts- Amount Of Contract And Value Of Outstanding Contracts; For Statement Of Slcc-amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa's Consumer Price Index, If Necessary For The Purpose Of Meeting The Slcc Requirement; Date Of Delivery; And End User's Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, If Completed, Which Shall Be Attached To The Statements. (iii) The Prospective Bidder’s Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Data Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). Or A Committed Line Of Credit From A Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects) Class "b" Document: (iv) If Applicable, The Jva In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check, Issued By A Universal Or Commercial Bank; Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank, If Issued By A Foreign Bank; Or (i.3) (i.4) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; Bid Securing Declaration (ii) (iii) Statement Of Compliance To The Schedule Of Requirements Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And (iv) Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form, Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds 13.2 Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 15. Bid Prices 15.1 The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: (a) For Goods Offered From Within The Procuring Entity’s Country (i) The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. (b) For Goods Offered From Abroad: (i) Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. (ii) The Price Of Other (incidental) Services, If Any, Listed In The Bds 15.5 Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6 All Bid Prices Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be Equal To A Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Viii – Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail. 19.4 Each And Every Page Of The Bid Form, Including The Schedule Of Prices, Under Section Viii Hereof, Shall Be Signed By The Duly Authorized Representative/s Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12in One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Computerized In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 1.1, (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Duly Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison 24.4 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions 24.5 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.6 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.7 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.8 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison, And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Domestic Preference 27.1 Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2 A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3 A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 28.2 The Lowest Calculated Bid Shall Be Determined In Two Steps. (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids. (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 28.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form. 28.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 29. Post-qualification 29.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 29.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns In The Form Specified In The Bds; (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 29.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 29.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Bid Price Or Its Calculated Bid Price, Whichever Is Lower. 29.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated Responsive Bid Is Determined For Contract Award. 29.6 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 30. Reservation Clause 30.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 30.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 30.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 31. Contract Award 31.1 Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4 At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi – Schedule Of Requirements. 32. Signing Of The Contract 32.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 32.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 32.4 The Following Documents Shall Form Part Of The Contract. (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 33.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity: Form Of Performance Security Amount Of Performance Security (not Less Than The Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 33.3 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184 Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Brgy. Agusipan, Badiangan, Iloilo 1.2 The Reference Is: Supply And Delivery Of Materials For The Construction Of Multi – Purpose Building, Brgy. Agusipan, Badiangan, Iloilo. Project Identification No. 2024 – 045 – B - Pa. 2.0 The Funding Source Is 20% Barangay Development Fund 2024 Of Barangay Agusipan, Badiangan, Iloilo In The Amount Of P 277,597.00 5.1 No Further Instructions. 5.2 None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. 5.4 The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(ii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. For This Purpose, Similar Contracts Shall Refer To The Supply And Delivery Of Goods That Is/are Similar In Type And Brand To The Goods Being Bidded-out. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 Not Applicable. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mr. Humbert S. Recomono Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09198501252 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized. 12.1(a)(ii) The Statement Of All Ongoing And Single Largest Completed Government And Private Contracts Shall Include All Such Contracts Within The Last Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 No Additional Requirements. 13.2 The Approved Budget For The Contract (abc) Is: P 277,597.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 15.4(a)(iii) No Incidental Services Required. 15.4(b) Not Applicable. 15.5 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 15.6 Extraordinary Circumstances Refer To Events That May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. 16.1(b) The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Shall Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or 2. P (5% Of Abc), If Bid Security Is In Surety Bond 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: November 25, 2024; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: November 25, 2024; 09:00 A.m. 25.1 No Further Instructions. 27.1 No Further Instructions. 28.3 No Further Instructions. 28.3(b) Modification Of Bids Is Not Allowed. 28.5 No Further Instructions. 29.2(a) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 29.2(d) None Required. 32.4(g) None Required. 34.2 The Effective Date Of The Contract Is Seven (7) Calendar Days Upon Receipt Of Notice To Proceed Issued By The Procuring Entity. Section Iv. General Conditions Of Contract 1. Definitions 1.1 In This Contract, The Following Terms Shall Be Interpreted As Indicated. (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc,. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer, Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc, (j) The “funding Source” Means The Organization Named In The Scc,. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc, (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1 The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity. (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices “ Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Effect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent If From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1 Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2 A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1 The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi – Schedule Of Requirements. 6.2 This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc 7. Subcontracting 7.1 Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 7.2 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 8. Procuring Entity’s Responsibilities 8.1 Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2 The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc.. 10. Payment 10.1 Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2 The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3 Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4 Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1 Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. 11.2 For Goods Supplied From Abroad, The Terms Of Payment Shall Be As Follows: (a) On Contract Signature: Fifteen Percent (15%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In Section Viii. Bidding Forms. (b) On Delivery: Sixty-five Percent (65%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. (c) On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. 11.3 All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4 Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions. (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc 13.5 In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 14. Use Of Contract Documents And Information 14.1 The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2 Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii – Technical Specifications,; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1 The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And Section Vii – Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. 16.2 If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3 The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4 The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5 The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1 The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2 The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least One Percent (1%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least One Percent (1%) Of The Contract Price Or Other Such Amount If So Specified In The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity 17.5 If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law 18 Delays In The Supplier’s Performance 18.1 Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi – Schedule Of Requirements. 18.2 If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3 Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clause 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In Thescc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2 If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3 Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4 Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5 Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21 Liability Of The Supplier 21.1 Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2 Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1 The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 22.3 If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation. (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract.. 23.2 In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3 In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. 25. Termination For Convenience 25.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 25.2 The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3 If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1 The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1 The Following Provisions Shall Govern The Procedures For Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Supplier’s Receipt Of The Notice; (f) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V – Special Conditions Of Contract Scc Clause 1.1(g) The Procuring Entity Is Barangay Agusipan, Badiangan, Iloilo. 1.1(i) The Supplier Is ________________________________. 1.1(j) The Funding Source Is Through The 20% Barangay Development Fund 2024 Of Barangay Agusipan, Badiangan, Iloilo. The Total Approved Budget For The Contract Is Two Hundred Seventy Seven Thousand Five Hundred Ninety Seven Pesos Only (ᵽ 277,597.00) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At Brgy. Agusipan, Badiangan, Iloilo. 5.1 The Procuring Entity’s Address For Notices Is: Hon. Suzette A. Mamon Municipal Mayor Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Tel. No: Mayor’s Office (033-320-0807) 6.2 The Additional Requirements For The Completion Of This Contract Are As Follows: Delivery And Documents - For Purposes Of The Contract(s), “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of The Contract(s) Shall Be As Follows: For Domestic Suppliers, “the Delivery Terms Applicable To This Contract Are Delivered To Brgy. Agusipan, Badiangan, Iloilo. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi – Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: Upon Delivery Of Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Hon. Emily Abunto, Punong Barangay, Brgy. Agusipan, Badiangan, Iloilo. Incidental Services - The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi – Schedule Of Requirements. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation - Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights - The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 9 Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. 10.1 No Further Instructions. 10.4 No Further Instructions. 13.1 No Further Instructions. 13.4 No Further Instructions. 13.4 (c) No Further Instructions. 16.1 The Inspection And Test That Will Be Conducted Is Physical Inspection. 17.3 The Goods Shall Have A Warranty Period Of Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed Whichever Is Earlier. 17.4 & 17.5 The Period For Correction Of Defects In The Warranty Period Is Seven (7) Calendar Days From Either Verbal Or Written Notification. 19 The Applicable Rate Is One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” 21.1 No Additional Provisions. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Days/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site Item No. Description Quantity Total Delivered, Days/months 1. Portland Cement 130 Bags 130 Bags 30 Calendar Days Upon Receipt Of P.o. 2. Washed Sand 10 Cu.m. 10 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 3. ¾ Gravel 10 Cu.m. 10 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 4. 16mmø Dsb 40 Lgths. 40 Lgths. 30 Calendar Days Upon Receipt Of P.o. 5. #16 Tie Wire 50 Kgs. 50 Kgs. 30 Calendar Days Upon Receipt Of P.o. 6. 10mmø Dsb 136 Lgths. 136 Lgths. 30 Calendar Days Upon Receipt Of P.o. 7. 12mmø Dsb 28 Lgths. 28 Lgths. 30 Calendar Days Upon Receipt Of P.o. 8. Chb 4” 980 Pcs. 980 Pcs. 30 Calendar Days Upon Receipt Of P.o. 9. ½ Ord. Plywood 10 Sets 10 Sets 30 Calendar Days Upon Receipt Of P.o. 10. 2x2x8 Good Lumber 106 Pcs. 106 Pcs. 30 Calendar Days Upon Receipt Of P.o. 11. C.w. Nails 1 ½” 4 Kgs. 4 Kgs. 30 Calendar Days Upon Receipt Of P.o. 12. Bamboo Pole 50 Pcs. 50 Pcs. 30 Calendar Days Upon Receipt Of P.o. 13. C.w. Nails 4” 4 Kgs. 4 Kgs. 30 Calendar Days Upon Receipt Of P.o. 14. 1/4x1 1/2”x1 ½” Angle Bar 20 Lgths. 20 Lgths. 30 Calendar Days Upon Receipt Of P.o. 15. 1.5mmx2x3 G.i. C-purlins 13 Lgths. 13 Lgths. 30 Calendar Days Upon Receipt Of P.o. 16. J-bolt 264 Pcs. 264 Pcs. 30 Calendar Days Upon Receipt Of P.o. 17. Welding Rod 8 Kgs. 8 Kgs. 30 Calendar Days Upon Receipt Of P.o. 18. Epoxy Primer Gray 4 Gals. 4 Gals. 30 Calendar Days Upon Receipt Of P.o. 19. Epoxy Reducer 2 Gals. 2 Gals. 30 Calendar Days Upon Receipt Of P.o. 20. Paint Brush 2” 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 21. Baby Roller 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 22. Paint Pan 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 23. 1/8x1/2 Blind Rivets 1 Box 1 Box 30 Calendar Days Upon Receipt Of P.o. 24. 1/8x1”x1” Angle Bar 10 Lgths. 10 Lgths. 30 Calendar Days Upon Receipt Of P.o. 25. 1/8x1” Flat Bar 6 Lgths. 6 Lgths. 30 Calendar Days Upon Receipt Of P.o. 26. Cutting Disc 14” 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 27. 0.4mm Thk Pre-painted G.i. Roofing Sheet 54 L.m. 54 L.m. 30 Calendar Days Upon Receipt Of P.o. 28. 0.4mm Thk Pre-painted G.i. Gutter 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 29. 0.4mm Thk Pre-painted G.i. Fascia 13 Pcs. 13 Pcs. 30 Calendar Days Upon Receipt Of P.o. 30. 0.5mm Thk Pre-painted G.i. End Flashing 9 Pcs. 9 Pcs. 30 Calendar Days Upon Receipt Of P.o. 31. Silicon Sealant (weather) 4 Tubes 4 Tubes 30 Calendar Days Upon Receipt Of P.o. 32. Cutting Disc 4” 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 33. ¼ Ord. Plywood 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 34. Tarpaulin W/ Print 4x8 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 35. Filling Materials 15 Cu.m. 15 Cu.m. 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Section Vii. Technical Specifications Note: In The Statement Of Compliance Column, Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Goods Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Item No. Specifications Statement Of Compliance Cross Reference 1. Portland Cement 2. Washed Sand 3. ¾ Gravel 4. 16mmø Dsb 5. #16 Tie Wire 6. 10mmø Dsb 7. 12mmø Dsb 8. Chb 4” 9. ½ Ord. Plywood 10. 2x2x8 Good Lumber 11. C.w. Nails 1 ½” 12. Bamboo Pole 13. C.w. Nails 4” 14. 1/4x1 1/2”x1 ½” Angle Bar 15. 1.5mmx2x3 G.i. C-purlins 16. J-bolt 17. Welding Rod 18. Epoxy Primer Gray 19. Epoxy Reducer 20. Paint Brush 2” 21. Baby Roller 22. Paint Pan 23. 1/8x1/2 Blind Rivets 24. 1/8x1”x1” Angle Bar 25. 1/8x1” Flat Bar 26. Cutting Disc 14” 27. 0.4mm Thk Pre-painted G.i. Roofing Sheet 28. 0.4mm Thk Pre-painted G.i. Gutter 29. 0.4mm Thk Pre-painted G.i. Fascia 30. 0.5mm Thk Pre-painted G.i. End Flashing 31. Silicon Sealant (weather) 32. Cutting Disc 4” 33. ¼ Ord. Plywood 34. Tarpaulin W/ Print 4x8 35. Filling Materials Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: __________________________ Section Viii. Bidding Forms Bid Form Date: Project Identification No.: To: [name And Address Of Procuring Entity] Gentlemen And/or Ladies: Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Pbds For The Sum Of [total Bid Amount In Words And Figures] Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors, And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein Or In The Price Schedules. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid, Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. We Likewise Certify/ Confirm That The Undersigned, [ For Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter's Behalf For The [name Of Project] Of The [name Of Procuring Entity] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 20______. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten 1 2 3 4 5 6 7 8 9 10 Item No. Description Country Of Origin Quantity Unit Unit Price Exw Per Item Transportation And Insurance And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price Per Unit (col 5 + 6 + 7 + 8) Total Price Delivered Final Destination (col. 9) X (col. 4) 1. Portland Cement 130 Bags 2. Washed Sand 10 Cu.m. 3. ¾ Gravel 10 Cu.m. 4. 16mmø Dsb 40 Lgths. 5. #16 Tie Wire 50 Kgs. 6. 10mmø Dsb 136 Lgths. 7. 12mmø Dsb 28 Lgths. 8. Chb 4” 980 Pcs. 9. ½ Ord. Plywood 10 Sets 10. 2x2x8 Good Lumber 106 Pcs. 11. C.w. Nails 1 ½” 4 Kgs. 12. Bamboo Pole 50 Pcs. 13. C.w. Nails 4” 4 Kgs. 14. 1/4x1 1/2”x1 ½” Angle Bar 20 Lgths. 15. 1.5mmx2x3 G.i. C-purlins 13 Lgths. 16. J-bolt 264 Pcs. 17. Welding Rod 8 Kgs. 18. Epoxy Primer Gray 4 Gals. 19. Epoxy Reducer 2 Gals. 20. Paint Brush 2” 2 Pcs. 21. Baby Roller 2 Pcs. 22. Paint Pan 2 Pcs. 23. 1/8x1/2 Blind Rivets 1 Box 24. 1/8x1”x1” Angle Bar 10 Lgths. 25. 1/8x1” Flat Bar 6 Lgths. 26. Cutting Disc 14” 1 Pcs. 27. 0.4mm Thk Pre-painted G.i. Roofing Sheet 54 L.m. 28. 0.4mm Thk Pre-painted G.i. Gutter 4 Pcs. 29. 0.4mm Thk Pre-painted G.i. Fascia 13 Pcs. 30. 0.5mm Thk Pre-painted G.i. End Flashing 9 Pcs. 31. Silicon Sealant (weather) 4 Tubes 32. Cutting Disc 4” 10 Pcs. 33. ¼ Ord. Plywood 1 Sheet 34. Tarpaulin W/ Print 4x8 1 Sheet 35. Filling Materials 15 Cu.m. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Omnibus Sworn Statement Republic Of The Philippines ) Iloilocity ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S, 1930, As Amended, Or The Revised Penal Code, In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its On-going Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Including Contracts Awarded But Not Yet Started, If Any, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Outstanding Contracts, (e) Date Of Delivery, And (f) Notice Of Award, Notice To Proceed, Contract Of Agreements, Purchase Orders And Certificate Of Accomplishments Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Contract (slcc) Which Includes Its Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Awarded And Completed Contracts, (e) Date Of Delivery, (f) End User’s Acceptance And Or Official Receipt(s) Issued For The Contract Supported By Notice Of Award, Notice To Proceed, Contract/ Purchase Order, Certificate Of Completion And Certificate Of Acceptance.(latest) Financial Documents 4 The Prospective Bidder’s Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Or A Committed Line Of Credit From Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects). Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence, Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid . (latest) Technical Documents 1 2 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. Statement Of Compliance To The Schedule Of Requirements 3 4 Statement Of Compliance To Technical Specifications Taking Into Consideration The Notations Stated In Section Vii Of The Bidding Documents. Authority Of The Signatory 5 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid Second Envelope Financial Documents 1 Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4 And The Issued Form In Section Viii Of The Bidding Documents. 2 If A Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti (if A Bidder Is A Sole Proprietor), By Sec (if Bidder Is A Partnership, Or A Corporation); And Cda (if Bidder Is A Cooperative)issued In Accordance With Itb Clause 27, If Applicable, That: A) Sole Proprietor Is A Citizen Of The Philippines, Corporation, Cooperative, Or Association Is A Duly Organized Under The Laws Of The Philippines With At Least Seventy Five (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines; B) Habitually Established In Business And Habitually Engaged In The Manufacturing Or Sale Of The Merchandise Covered By His Bid, And C) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or The Invitation To Bid.

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity Named In The Bds Invites Bids For The Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications. 1.2 The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 Unless Otherwise Specified In The Bds, The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019; (ii) “fraudulent Practice” Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; Or (f) (g) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid. A Bidder Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors And Controlling Share Holders Or Members; And (e) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2 Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds. (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have Completed A Single Largest Completed Contract (slcc) Similar To The Project The Value Of Which, Adjusted If Necessary, By The Bidder To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(ii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). If The Prospective Bidder Opts To Submit A Committed Line Of Credit (clc), It Must Be At Least Equal To Ten Percent (10%) Of The Abc To Be Bid And Issued By A Universal Or Commercial Bank. 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Viii – Bidding Forms As Required In Itb Clause 12.1(b)(iv). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.4; (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7 Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8 The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Non-refundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Comply With The Eligibility Criteria And The Documentary Requirements Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Goods Shall Be Disallowed. 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarifications On Any Part Of The Bidding Documents For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts Within The Period Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) Name Of The Contract; (ii.2) Date Of The Contract; (ii.3) Contract Duration; (ii.4) Owner's Name And Address; (ii.5) Kinds Of Goods; (ii.6) (ii.7) (ii.8) (ii.9) For Statement Of Ongoing Contracts- Amount Of Contract And Value Of Outstanding Contracts; For Statement Of Slcc-amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa's Consumer Price Index, If Necessary For The Purpose Of Meeting The Slcc Requirement; Date Of Delivery; And End User's Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, If Completed, Which Shall Be Attached To The Statements. (iii) The Prospective Bidder’s Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Data Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). Or A Committed Line Of Credit From A Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects) Class "b" Document: (iv) If Applicable, The Jva In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check, Issued By A Universal Or Commercial Bank; Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank, If Issued By A Foreign Bank; Or (i.3) (i.4) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; Bid Securing Declaration (ii) (iii) Statement Of Compliance To The Schedule Of Requirements Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And (iv) Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form, Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds 13.2 Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 15. Bid Prices 15.1 The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: (a) For Goods Offered From Within The Procuring Entity’s Country (i) The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. (b) For Goods Offered From Abroad: (i) Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. (ii) The Price Of Other (incidental) Services, If Any, Listed In The Bds 15.5 Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6 All Bid Prices Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be Equal To A Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Viii – Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail. 19.4 Each And Every Page Of The Bid Form, Including The Schedule Of Prices, Under Section Viii Hereof, Shall Be Signed By The Duly Authorized Representative/s Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12in One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Computerized In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 1.1, (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Duly Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison 24.4 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions 24.5 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.6 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.7 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.8 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison, And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Domestic Preference 27.1 Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2 A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3 A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 28.2 The Lowest Calculated Bid Shall Be Determined In Two Steps. (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids. (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 28.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form. 28.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 29. Post-qualification 29.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 29.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns In The Form Specified In The Bds; (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 29.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 29.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Bid Price Or Its Calculated Bid Price, Whichever Is Lower. 29.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated Responsive Bid Is Determined For Contract Award. 29.6 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 30. Reservation Clause 30.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 30.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 30.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 31. Contract Award 31.1 Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4 At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi – Schedule Of Requirements. 32. Signing Of The Contract 32.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 32.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 32.4 The Following Documents Shall Form Part Of The Contract. (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 33.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity: Form Of Performance Security Amount Of Performance Security (not Less Than The Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 33.3 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is The Local Government Of Badiangan, Iloilo 1.2 The Reference Is: Supply And Delivery Of Materials For The Establishment Of Rainwater Harvesting, Cabayogan Elementary School, Badiangan Central Elementary School, Tamocol Elementary School, Badiangan, Iloilo. Project Identification No. 2024-063-b. 2.0 The Funding Source Is Through The Mdrrmf 2024 Of The Local Government Of Badiangan, Iloilo In The Amount Of P 427,144.00 5.1 No Further Instructions. 5.2 None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b) And 5.2(c), May Not Participate In This Project. 5.4 The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(ii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. For This Purpose, Similar Contracts Shall Refer To The Supply And Delivery Of Goods That Is/are Similar In Type And Brand To The Goods Being Bidded-out. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 Not Applicable. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mr. Humbert S. Recomono Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09198501252 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized. 12.1(a)(ii) The Statement Of All Ongoing And Single Largest Completed Government And Private Contracts Shall Include All Such Contracts Within The Last Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 No Additional Requirements. 13.2 The Approved Budget For The Contract (abc) Is: P 427,144.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 15.4(a)(iii) No Incidental Services Required. 15.4(b) Not Applicable. 15.5 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 15.6 Extraordinary Circumstances Refer To Events That May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. 16.1(b) The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Shall Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or 2. P (5% Of Abc), If Bid Security Is In Surety Bond 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: November 25, 2024; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: November 25, 2024; 9:00 A.m. 25.1 No Further Instructions. 27.1 No Further Instructions. 28.3 No Further Instructions. 28.3(b) Modification Of Bids Is Not Allowed. 28.5 No Further Instructions. 29.2(a) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 29.2(d) None Required. 32.4(g) None Required. 34.2 The Effective Date Of The Contract Is Seven (7) Calendar Days Upon Receipt Of Notice To Proceed Issued By The Procuring Entity. Section Iv. General Conditions Of Contract 1. Definitions 1.1 In This Contract, The Following Terms Shall Be Interpreted As Indicated. (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc,. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer, Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc, (j) The “funding Source” Means The Organization Named In The Scc,. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc, (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1 The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity. (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices “ Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Effect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent If From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1 Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2 A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1 The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi – Schedule Of Requirements. 6.2 This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc 7. Subcontracting 7.1 Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 7.2 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 8. Procuring Entity’s Responsibilities 8.1 Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2 The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc.. 10. Payment 10.1 Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2 The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3 Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4 Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1 Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. 11.2 For Goods Supplied From Abroad, The Terms Of Payment Shall Be As Follows: (a) On Contract Signature: Fifteen Percent (15%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In Section Viii. Bidding Forms. (b) On Delivery: Sixty-five Percent (65%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. (c) On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. 11.3 All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4 Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions. (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc 13.5 In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 14. Use Of Contract Documents And Information 14.1 The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2 Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii – Technical Specifications,; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1 The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And Section Vii – Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. 16.2 If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3 The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4 The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5 The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1 The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2 The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least One Percent (1%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least One Percent (1%) Of The Contract Price Or Other Such Amount If So Specified In Thescc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity 17.5 If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law 18 Delays In The Supplier’s Performance 18.1 Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi – Schedule Of Requirements. 18.2 If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3 Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clause 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In Thescc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2 If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3 Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4 Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5 Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21 Liability Of The Supplier 21.1 Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2 Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1 The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 22.3 If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation. (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract.. 23.2 In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3 In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. 25. Termination For Convenience 25.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 25.2 The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3 If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1 The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1 The Following Provisions Shall Govern The Procedures For Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Supplier’s Receipt Of The Notice; (f) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V – Special Conditions Of Contract Scc Clause 1.1(g) The Procuring Entity Is The Local Government Of Badiangan, Iloilo. 1.1(i) The Supplier Is ________________________________. 1.1(j) The Funding Source Is Through The Mdrrmf 2024 Of The Local Government Of Badiangan, Iloilo. The Total Approved Budget For The Contract Is Four Hundred Twenty Seven Thousand One Hundred Forty Four Pesos Only (p 427,144.00) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At Cabayogan Elementary School, Badiangan Central Elementary School, Tamocol Elementary School, Badiangan, Iloilo. 5.1 The Procuring Entity’s Address For Notices Is: Atty. Suzette A. Mamon Municipal Mayor Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Tel. No: Mayor’s Office (033-320-0807) 6.2 The Additional Requirements For The Completion Of This Contract Are As Follows: Delivery And Documents - For Purposes Of The Contract(s), “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of The Contract(s) Shall Be As Follows: For Domestic Suppliers, “the Delivery Terms Applicable To This Contract Are Delivered To Cabayogan Elementary School, Badiangan Central Elementary School, Tamocol Elementary School, Badiangan, Iloilo. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi – Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: Upon Delivery Of Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Mr. Anthony O. Batir, Local Disaster Risk Reduction Management Officer Iii, Badiangan, Iloilo. Incidental Services - The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi – Schedule Of Requirements. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation - Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights - The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 9 Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. 10.1 No Further Instructions. 10.4 No Further Instructions. 13.1 No Further Instructions. 13.4 No Further Instructions. 13.4 (c) No Further Instructions. 16.1 The Inspection And Test That Will Be Conducted Is Physical Inspection. 17.3 The Goods Shall Have A Warranty Period Of Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed Whichever Is Earlier. 17.4 & 17.5 The Period For Correction Of Defects In The Warranty Period Is Seven (7) Calendar Days From Either Verbal Or Written Notification. 19 The Applicable Rate Is One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” 21.1 No Additional Provisions. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Days/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site Item No. Description Quantity Total Delivered, Days/months 1. Portland Cement 66 Bags 66 Bags 30 Calendar Days Upon Receipt Of P.o. 2. Washed Sand 6 Cu.m. 6 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 3. ¾ Gravel 6 Cu.m. 6 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 4. 10mmø Dsb 30 Lgths. 30 Lgths. 30 Calendar Days Upon Receipt Of P.o. 5. 12mmø Dsb 48 Lgths. 48 Lgths. 30 Calendar Days Upon Receipt Of P.o. 6. Ordinary Plywood 1/4x4’x8’ 3 Shts. 3 Shts. 30 Calendar Days Upon Receipt Of P.o. 7. C.w. Nails 4” 6 Kgs. 6 Kgs. 30 Calendar Days Upon Receipt Of P.o. 8. C.w. Nails 2” 3 Kgs. 3 Kgs. 30 Calendar Days Upon Receipt Of P.o. 9. #16 Tie Wire 15 Kgs. 15 Kgs. 30 Calendar Days Upon Receipt Of P.o. 10. 2”x2”x8’ Good Lumber 36 Pcs. 36 Pcs. 30 Calendar Days Upon Receipt Of P.o. 11. 2 ½”ø G.i. Pipe 2.5mm Thk 9 Lgths. 9 Lgths. 30 Calendar Days Upon Receipt Of P.o. 12. 2”ø G.i. Pipe 1.9mm Thk 9 Lgths. 9 Lgths. 30 Calendar Days Upon Receipt Of P.o. 13. 1 ½”ø G.i. Pipe 1.80mm Thk 6 Lgths. 6 Lgths. 30 Calendar Days Upon Receipt Of P.o. 14. 5mmx2” Flat Bar 12 Lgths. 12 Lgths. 30 Calendar Days Upon Receipt Of P.o. 15. 0.4mm Thk Pre-painted Gutter 15 Pcs. 15 Pcs. 30 Calendar Days Upon Receipt Of P.o. 16. Blind Rivets 1/8x1/2 2 Boxes 2 Boxes 30 Calendar Days Upon Receipt Of P.o. 17. ½” Base Plate 20cmx20cm 18 Pcs. 18 Pcs. 30 Calendar Days Upon Receipt Of P.o. 18. 2000l Pvc Water Tank 6 Units 6 Units 30 Calendar Days Upon Receipt Of P.o. 19. Anchor Bolt L-shape 1/2x20cm W/ Nut And Washer 72 Pcs. 72 Pcs. 30 Calendar Days Upon Receipt Of P.o. 20. Pvc Pipe 4” S1000 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 21. ½ Blue Pipe 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 22. ½ Blue Elbow 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 23. ¾” Blue Pipe 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 24. 1” Blue Pipe 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 25. 1” Blue Tee 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 26. 1” Blue Elbow 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 27. ¾” Blue Elbow 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 28. Pvc Solvent Cement 400 1 Can 1 Can 30 Calendar Days Upon Receipt Of P.o. 29. Teflon Tape ¾” 3 Rolls 3 Rolls 30 Calendar Days Upon Receipt Of P.o. 30. Elbow Reducer 1”x3/4” 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 31. Elbow Reducer ¾”x1/2” 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 32. Fta 1/2 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 33. Faucet W/ Hose Bib Pvc 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 34. Fta 1” 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 35. Cutting Disc 4” 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 36. Welding Rod 9 Kgs. 9 Kgs. 30 Calendar Days Upon Receipt Of P.o. 37. Cutting Disc 14” 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 38. Epoxy Primer Gray 2 Gals. 2 Gals. 30 Calendar Days Upon Receipt Of P.o. 39. Epoxy Reducer 1 Gal. 1 Gal. 30 Calendar Days Upon Receipt Of P.o. 40. Baby Roller 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 41. Paint Brush 3” 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 42. Paint Pan 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 43. ¼ Ord. Plywood 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 44. Tarpaulin W/ Print 4x8 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 45. C.w. Nails 4” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 46. C.w. Nails 1 ½” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 47. 2x2x8 Good Lumber 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Section Vii. Technical Specifications Note: In The Statement Of Compliance Column, Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Goods Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Item No. Specifications Statement Of Compliance Cross Reference 1. Portland Cement 2. Washed Sand 3. ¾ Gravel 4. 10mmø Dsb 5. 12mmø Dsb 6. Ordinary Plywood 1/4x4’x8’ 7. C.w. Nails 4” 8. C.w. Nails 2” 9. #16 Tie Wire 10. 2”x2”x8’ Good Lumber 11. 2 ½”ø G.i. Pipe 2.5mm Thk 12. 2”ø G.i. Pipe 1.9mm Thk 13. 1 ½”ø G.i. Pipe 1.80mm Thk 14. 5mmx2” Flat Bar 15. 0.4mm Thk Pre-painted Gutter 16. Blind Rivets 1/8x1/2 17. ½” Base Plate 20cmx20cm 18. 2000l Pvc Water Tank 19. Anchor Bolt L-shape 1/2x20cm W/ Nut And Washer 20. Pvc Pipe 4” S1000 21. ½ Blue Pipe 22. ½ Blue Elbow 23. ¾” Blue Pipe 24. 1” Blue Pipe 25. 1” Blue Tee 26. 1” Blue Elbow 27. ¾” Blue Elbow 28. Pvc Solvent Cement 400 29. Teflon Tape ¾” 30. Elbow Reducer 1”x3/4” 31. Elbow Reducer ¾”x1/2” 32. Fta 1/2 33. Faucet W/ Hose Bib Pvc 34. Fta 1” 35. Cutting Disc 4” 36. Welding Rod 37. Cutting Disc 14” 38. Epoxy Primer Gray 39. Epoxy Reducer 40. Baby Roller 41. Paint Brush 3” 42. Paint Pan 43. ¼ Ord. Plywood 44. Tarpaulin W/ Print 4x8 45. C.w. Nails 4” 46. C.w. Nails 1 ½” 47. 2x2x8 Good Lumber Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Section Viii. Bidding Forms Bid Form Date: Project Identification No.: To: [name And Address Of Procuring Entity] Gentlemen And/or Ladies: Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Pbds For The Sum Of [total Bid Amount In Words And Figures] Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors, And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein Or In The Price Schedules. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid, Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. We Likewise Certify/ Confirm That The Undersigned, [ For Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter's Behalf For The [name Of Project] Of The [name Of Procuring Entity] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 20______. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten 1 2 3 4 5 6 7 8 9 10 Item No. Description Country Of Origin Quantity Unit Unit Price Exw Per Item Transportation And Insurance And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price Per Unit (col 5 + 6 + 7 + 8) Total Price Delivered Final Destination (col. 9) X (col. 4) 1. Portland Cement 66 Bags 2. Washed Sand 6 Cu.m. 3. ¾ Gravel 6 Cu.m. 4. 10mmø Dsb 30 Lgths. 5. 12mmø Dsb 48 Lgths. 6. Ordinary Plywood 1/4x4’x8’ 3 Shts. 7. C.w. Nails 4” 6 Kgs. 8. C.w. Nails 2” 3 Kgs. 9. #16 Tie Wire 15 Kgs. 10. 2”x2”x8’ Good Lumber 36 Pcs. 11. 2 ½”ø G.i. Pipe 2.5mm Thk 9 Lgths. 12. 2”ø G.i. Pipe 1.9mm Thk 9 Lgths. 13. 1 ½”ø G.i. Pipe 1.80mm Thk 6 Lgths. 14. 5mmx2” Flat Bar 12 Lgths. 15. 0.4mm Thk Pre-painted Gutter 15 Pcs. 16. Blind Rivets 1/8x1/2 2 Boxes 17. ½” Base Plate 20cmx20cm 18 Pcs. 18. 2000l Pvc Water Tank 6 Units 19. Anchor Bolt L-shape 1/2x20cm W/ Nut And Washer 72 Pcs. 20. Pvc Pipe 4” S1000 3 Pcs. 21. ½ Blue Pipe 6 Pcs. 22. ½ Blue Elbow 3 Pcs. 23. ¾” Blue Pipe 3 Pcs. 24. 1” Blue Pipe 3 Pcs. 25. 1” Blue Tee 3 Pcs. 26. 1” Blue Elbow 3 Pcs. 27. ¾” Blue Elbow 3 Pcs. 28. Pvc Solvent Cement 400 1 Can 29. Teflon Tape ¾” 3 Rolls 30. Elbow Reducer 1”x3/4” 3 Pcs. 31. Elbow Reducer ¾”x1/2” 3 Pcs. 32. Fta 1/2 3 Pcs. 33. Faucet W/ Hose Bib Pvc 3 Pcs. 34. Fta 1” 3 Pcs. 35. Cutting Disc 4” 6 Pcs. 36. Welding Rod 9 Kgs. 37. Cutting Disc 14” 1 Pc. 38. Epoxy Primer Gray 2 Gals. 39. Epoxy Reducer 1 Gal. 40. Baby Roller 4 Pcs. 41. Paint Brush 3” 2 Pcs. 42. Paint Pan 2 Pcs. 43. ¼ Ord. Plywood 1 Sheet 44. Tarpaulin W/ Print 4x8 1 Sheet 45. C.w. Nails 4” 1 Kg. 46. C.w. Nails 1 ½” 1 Kg. 47. 2x2x8 Good Lumber 6 Pcs. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Omnibus Sworn Statement Republic Of The Philippines ) Iloilocity ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S, 1930, As Amended, Or The Revised Penal Code, In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its On-going Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Including Contracts Awarded But Not Yet Started, If Any, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Outstanding Contracts, (e) Date Of Delivery, And (f) Notice Of Award, Notice To Proceed, Contract Of Agreements, Purchase Orders And Certificate Of Accomplishments Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Contract (slcc) Which Includes Its Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Awarded And Completed Contracts, (e) Date Of Delivery, (f) End User’s Acceptance And Or Official Receipt(s) Issued For The Contract Supported By Notice Of Award, Notice To Proceed, Contract/ Purchase Order, Certificate Of Completion And Certificate Of Acceptance.(latest) Financial Documents 4 The Prospective Bidder’s Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Or A Committed Line Of Credit From Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects). Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence, Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid . (latest) Technical Documents 1 2 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. Statement Of Compliance To The Schedule Of Requirements 3 4 Statement Of Compliance To Technical Specifications Taking Into Consideration The Notations Stated In Section Vii Of The Bidding Documents. Authority Of The Signatory 5 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid Second Envelope Financial Documents 1 Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4 And The Issued Form In Section Viii Of The Bidding Documents. 2 If A Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti (if A Bidder Is A Sole Proprietor), By Sec (if Bidder Is A Partnership, Or A Corporation); And Cda (if Bidder Is A Cooperative)issued In Accordance With Itb Clause 27, If Applicable, That: A) Sole Proprietor Is A Citizen Of The Philippines, Corporation, Cooperative, Or Association Is A Duly Organized Under The Laws Of The Philippines With At Least Seventy Five (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines; B) Habitually Established In Business And Habitually Engaged In The Manufacturing Or Sale Of The Merchandise Covered By His Bid, And C) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or The Invitation To Bid.

Details: Description 1 Bids And Awards Committee Iloilo Provincial Government Procurement Of Medical Supplies Bid No. Jch-24-1514-b Philippine Bidding Documents Sixth Edition July 2020 2 Table Of Contents Section I. Invitation To Bid……………………………………………………..3 Section Ii. Instructions To Bidders………………………………………..…...5 1. Scope Of Bid ………………………………………………………………………. 5 2. Funding Information………………………………………………………………. 5 3. Bidding Requirements ……………………………………………………………. 5 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 5 5. Eligible Bidders…………………………………………………………………… 5 6. Origin Of Goods ………………………………………………………………….. 6 7. Subcontracts ……………………………………………………………………… 6 8. Pre-bid Conference ………………………………………………………………. 7 9. Clarification And Amendment Of Bidding Documents …………………………… 7 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 7 11. Documents Comprising The Bid: Financial Component …………………………... 7 12. Bid Prices …………………………………………………………………………. 8 13. Bid And Payment Currencies ……………………………………………………… 8 14. Bid Security ………………………………………………………………………. 8 15. Sealing And Marking Of Bids ……………………………………………………… 9 16. Deadline For Submission Of Bids …………………………………………………. 9 17. Opening And Preliminary Examination Of Bids ………………………………….. 9 18. Domestic Preference ……………………………………………………………… 9 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 9 20. Post-qualification ………………………………………………………………… 10 21. Signing Of The Contract ……………………………………………………………10 Section Iii. Bid Data Sheet …………………………………………………..11 Section Iv. General Conditions Of Contract ……………………...………..12 1. Scope Of Contract ………………………………………………………………… 12 2. Advance Payment And Terms Of Payment ……………………………………….. 12 3. Performance Security ……………………………………………………………. 12 4. Inspection And Tests ……………………………………………………………… 12 5. Warranty …………………………………………………………………………. 13 6. Liability Of The Supplier ………………………………………………………….. 13 Section V. Special Conditions Of Contract ………………………………….14 Section Vi. Schedule Of Requirements ……………………………………....16 Section Vii. Technical Specifications …………………………………………18 Section Viii. Checklist Of Technical And Financial Documents …………..19 3 Section I. Invitation To Bid Procurement Of Medical Supplies Bid No. Jch-24-1514-b 1. The Iloilo Provincial Government Through The Sb No. 1 Cy 2024 Intends To Apply The Sum Of Five Hundred Sixty-five Thousand Seven Hundred Sixty Pesos (php565,760.00) Being The Abc To Payments Under The Contract For The Procurement Of Medical Supplies Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 14 Days Upon Receipt Of The Notice To Proceed (ntp). Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Nondiscretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat Of The Iloilo Provincial Government And Inspect The Bidding Documents At The Address Given Below During 8:00 A.m. To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 13, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (php 1,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference1 On N/a At The N/a And/or Through Video Conferencing Or Webcasting, Upon Request At Least Three (3) Days Before The Pre-bid Conference, Via Zoom Or Other Videoconferencing Portals, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Bac Secretariat Office, 5th Floor, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before November 22, 2024 At 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On November 22, 2024 At 9:01 A.m. At The Bac Secretariat Office, 5th Floor, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. A. The Participating Bidder/supplier Or Its Authorized Representative Must Indicate In Any Of The Eligibility Documents, An Email Address Or A Working Fax Number. The Absence Of Which 1 In Case The Abc Is One Million Pesos (php1,000,000) Or More, And For Contracts Involving The Procurement Of Equipment And Vehicles Regardless Of The Amount Of The Abc. 4 Shall Be A Ground For Disqualification. Notice To The Bidder/supplier Through The Use Of Either Of These Means (email/fax) Is Considered Sufficient Notice. The Date Of Filing Of Reconsideration And All Communications With The Bac Shall Be Its (bac) Date Of Receipt. B. The Bidder(s)/awardee(s) Or Its Authorized Representative Must Conform To The Notice Of Award Within Three (3) Calendar Days From Receipt Of Such Notice And The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award In Accordance With Section 37.2.1 Of The Revised Irr Of R.a. No. 9184. C. The Bidder/supplier Must Have No Pending Unaccepted Notice To Proceed Three (3) Days From The Date Of Acceptance And Signing Of The Purchase Order. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. D. The Bidder/supplier Must Have No Notice Of Award Pending Its Conformity Three (3) Days From The Date Of Its Receipt Of The Notice Of Award. Otherwise, It Shall Be Aground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. E. The Bidder/supplier Shall Submit A List Of All Its Ongoing And Completed Projects With The Iloilo Provincial Government Indicating The Delivery Periods And Accomplishments Of Such Projects. F. The Bidder/supplier At The Time Of The Bidding Must Have No Pending Unposted Performance Or Warranty Security, As The Case May Be, Beyond The Period Allowed In The Notice Of Award. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. G. When An Occurrence Of A Tie Among Bidders Takes Place, I.e., Two Or More Of The Bidders Are Determined And Declared As The Lowest Calculated And Responsive Bidder (lcrb), The Winning Bidder Shall Be Determined By Draw Lots Upon Notice To The Bidders Concerned And/or Their Authorized Representatives In Accordance With The Relevant Circulars Issued By The Government Procurement Policy Board (gppb). 11. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Bac Secretariat Head 5 Th Floor, Bids And Awards Committee Iloilo Provincial Capitol Email Address: Ipg_bacs@yahoo.com Website: Iloilo.gov.ph Telephone Number: (033) 336-0736 13. You May Visit The Following Websites For Downloading Of Bidding Documents: Ipg.gov.ph And/or Philgeps.com October 31, 2024 Atty. Dennis T. Ventilacion Chairman, Bids And Awards Committee 5 Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Wishes To Receive Bids For The Procurement Of Medical Supplies With Bid No. Jch-24-1514-b. The Procurement Project (referred To Herein As “project”) Is Composed Of Thirty-eight (38) Item/s, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of Five Hundred Sixty-five Thousand Seven Hundred Sixty Pesos (php565,760.00). 2.2. The Source Of Funding Is: Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: 6 I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C. For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 8 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, Exwarehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration2 Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 2 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. 9 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time At Its Physical Address As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Complete Bid - One Project Having Several Items That Shall Be Awarded As One Contract In Case Of Complete Bid. 10 Line Bidding/partial Bidding - One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. 11 Section Iii. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Refers To The Contracts To Be Bid Or The Object Of The Contract; B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp [jesus M. Colmenares District Hospital] Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc, If Bid Security Is In Surety Bond. 15 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.3 No Further Instructions. 20.2 For The Procurement Of Drugs And Medicines And Medical Equipment/supplies, The Bidder Shall Submit The Following: A. Certificate Of Product Registration From Food And Drug Administration (fda) For Easy Validation During The Post-qualification; B. Certificate If Good Manufacturing Practice From Fda, For Easy Validation During The Post-qualification; C. Batch Release Certificate From Fda, For Easy Validation During The Postqualification; D. If The Supplier Is Not The Manufacturer, Certification From The Manufacturer That The Supplier Is An Authorized Distributor/ Dealer Of The Products / Items For Easy Validation During The Post-qualification; E. For The Procurement Of Regulated Drugs, The Applicable Type Of S-license: S-1, S-3 (retailer) S-4 (wholesaler) S-5c (manufacturer) S-5d (bulk Depot/storage) S-5e S-5i (importer); F. License To Operate (lto) Issued By Fda, If Applicable; G. After-sales Services/parts, If Applicable; H. Manpower Requirements, If Applicable. 21.2 No Further Instructions. 12 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. 13 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. 14 Section V. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered Jesus M. Colmenares District Hospital, Balasan, Iloilo. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Authorized Employee/official Of The Iloilo Provincial Government. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The 15 Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. 2.2 Partial Payment Is Not Allowed. 4 The Inspections And Tests That Will Be Conducted Are Through Physical Inspection. 16 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 Iv Cannula G18, 100's Per Box 3 3 2 Iv Cannula G20, 100's Per Box 3 3 3 Iv Cannula G22, 100's Per Box 3 3 4 Iv Cannula G24, 100's Per Box 3 3 5 Iv Cannula G26, 100's Per Box 3 3 6 Infusion Set W/ Burette 150cc (soluset) 1500 1500 7 Kelly Pad, Medium 3 3 8 Kelly Pad, Large 2 2 9 Lubricating Gel, 3 Grams 400 400 10 Nebulizer Kit, Pedia 500 500 11 Nebulizer Kit, Adult 1000 1000 12 Oxygen Nasal Cannula W/out Mask, Adult 1500 1500 13 Oxygen Nasal Cannula W/ Mask, Adult 500 500 14 Oxygen Nasal Cannula W/out Mask, Pedia 100 100 15 Oxygen Nasal Cannula W/ Mask, Pedia 100 100 16 Oxygen Nasal Cannula W/out Mask, Neonate 100 100 17 Oxygen Nasal Cannula W/ Mask, Neonate 100 100 18 Penrose Drain, 1/4 50 50 19 Penrose Drain, 1/2 50 50 20 Plaster Adhesive, Pre-cut 12x10 72 72 21 Plaster Hypo Allergenic, 1 X 10 Yards, 12's Per Box 25 25 22 Prolene Mesh 3" X 6" (76cm X 15cm) 3 3 23 Povidone Lodine 10% 5 5 24 Povidone Lodine 7.5% (skin Cleanser) 5 5 25 Pulse Oximeter, Pedia 5 5 17 26 Pulse Oximeter, Adult 15 15 27 Rubber Sheets (25 Yards) 2 2 28 Rolled Gauze, 40's/28 X 24/36" X 100 Yards/2 Ply 40 40 29 Surgical Gloves Size 6, Sterile, 50's Per Pack 18 18 30 Surgical Gloves Size 6.5, Sterile, 50's Per Pack 18 18 31 Surgical Gloves Size 7, Sterile, 50's Per Pack 18 18 32 Surgical Gloves Size 7.5, Sterile, 50's Per Pack 18 18 33 Surgical Gloves Size 8, Sterile, 50's Per Pack 8 8 34 Skin Stapler 20 20 35 Spinal Needle G25 100 100 36 Sterilization Pack 1 1 37 Weighing Scale, Digital, Infant 1 1 38 Weighing Scale, Digital, Adult 1 1 ___________________________________ Signature Over Printed Name 18 Section Vii. Technical Specifications Bid No.: Jch-24-1514-b Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 Iv Cannula G18, 100's Per Box 2 Iv Cannula G20, 100's Per Box 3 Iv Cannula G22, 100's Per Box 4 Iv Cannula G24, 100's Per Box 5 Iv Cannula G26, 100's Per Box 6 Infusion Set W/ Burette 150cc (soluset) 7 Kelly Pad, Medium 8 Kelly Pad, Large 9 Lubricating Gel, 3 Grams 10 Nebulizer Kit, Pedia 11 Nebulizer Kit, Adult 12 Oxygen Nasal Cannula W/out Mask, Adult 13 Oxygen Nasal Cannula W/ Mask, Adult 14 Oxygen Nasal Cannula W/out Mask, Pedia 15 Oxygen Nasal Cannula W/ Mask, Pedia 16 Oxygen Nasal Cannula W/out Mask, Neonate 17 Oxygen Nasal Cannula W/ Mask, Neonate 18 Penrose Drain, 1/4 19 Penrose Drain, 1/2 20 Plaster Adhesive, Pre-cut 12x10 21 Plaster Hypo Allergenic, 1 X 10 Yards, 12's Per Box 22 Prolene Mesh 3" X 6" (76cm X 15cm) 23 Povidone Lodine 10% 19 24 Povidone Lodine 7.5% (skin Cleanser) 25 Pulse Oximeter, Pedia 26 Pulse Oximeter, Adult 27 Rubber Sheets (25 Yards) 28 Rolled Gauze, 40's/28 X 24/36" X 100 Yards/ 2 Ply 29 Surgical Gloves Size 6, Sterile, 50's Per Pack 30 Surgical Gloves Size 6.5, Sterile, 50's Per Pack 31 Surgical Gloves Size 7, Sterile, 50's Per Pack 32 Surgical Gloves Size 7.5, Sterile, 50's Per Pack 33 Surgical Gloves Size 8, Sterile, 50's Per Pack 34 Skin Stapler 35 Spinal Needle G25 36 Sterilization Pack 37 Weighing Scale, Digital, Infant 38 Weighing Scale, Digital, Adult ___________________________________ Signature Over Printed Name 20 Section Viii. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages); Or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or Aftersales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (k) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation 21 Class “b” Documents ⬜ (l) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (m) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (o) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (p) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity. 22

Details: Description Bids And Awards Committee Iloilo Provincial Government Procurement Of Drugs & Medicines Bid No. Iph-24-1686-b Philippine Bidding Documents Sixth Edition July 2020 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 5 1. Scope Of Bid 5 2. Funding Information 5 3. Bidding Requirements 5 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 5 5. Eligible Bidders 5 6. Origin Of Goods 6 7. Subcontracts 6 8. Pre-bid Conference 7 9. Clarification And Amendment Of Bidding Documents 7 10. Documents Comprising The Bid: Eligibility And Technical Components 7 11. Documents Comprising The Bid: Financial Component 7 12. Bid Prices 8 13. Bid And Payment Currencies 8 14. Bid Security 8 15. Sealing And Marking Of Bids 9 16. Deadline For Submission Of Bids 9 17. Opening And Preliminary Examination Of Bids 9 18. Domestic Preference 9 19. Detailed Evaluation And Comparison Of Bids 9 20. Post-qualification 10 21. Signing Of The Contract 10 Section Iii. Bid Data Sheet 11 Section Iv. General Conditions Of Contract 12 1. Scope Of Contract 12 2. Advance Payment And Terms Of Payment 12 3. Performance Security 12 4. Inspection And Tests 12 5. Warranty 13 6. Liability Of The Supplier 13 Section V. Special Conditions Of Contract 14 Section Vi. Schedule Of Requirements 16 Section Vii. Technical Specifications 18 Section Viii. Checklist Of Technical And Financial Documents 20 Section I. Invitation To Bid Purchase Of Drugs & Medicines Bid No. Iph-24-1686-b 1. The Iloilo Provincial Government Through The Supplemental Budget No. 1 C.y. 2. 2024 Intends To Apply The Sum Of Two Million Two Hundred Thirty-nine Thousand Ninety-seven Pesos (php 2,239,097.00) Being The Abc To Payments Under The Contract For The Purchase Of Drugs & Medicines Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 3. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 14 Days Upon Receipt Of The Notice To Proceed (ntp). Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 4. 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. 5. Prospective Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat Of The Iloilo Provincial Government And Inspect The Bidding Documents At The Address Given Below During 8:00 A.m. To 5:00 P.m. 6. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 20, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Thousand Pesos (php5,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 7. The Iloilo Provincial Government Will Hold A Pre-bid Conference On November 27, 2024 At The Bac Office, 5th Floor, New Iloilo Provincial Capitol And/or Through Video Conferencing Or Webcasting, Upon Request At Least Three (3) Days Before The Pre-bid Conference, Via Zoom Or Other Videoconferencing Portals, Which Shall Be Open To Prospective Bidders. 8. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Bac Office,5th Floor, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before December 11, 2024 At 9:00 A.m. Late Bids Shall Not Be Accepted. 9. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 10. Bid Opening Shall Be On December 11, 2024 At 9:01 A.m. At The Bac Office, 5th Floor, New Iloilo Provincial Capitol. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 11. A. The Participating Bidder/supplier Or Its Authorized Representative Must Indicate In Any Of The Eligibility Documents, An Email Address Or A Working Fax Number. The Absence Of Which Shall Be A Ground For Disqualification. Notice To The Bidder/supplier Through The Use Of Either Of These Means (email/fax) Is Considered Sufficient Notice. The Date Of Filing Of Reconsideration And All Communications With The Bac Shall Be Its (bac) Date Of Receipt. B. The Bidder(s)/awardee(s) Or Its Authorized Representative Must Conform To The Notice Of Award Within Three (3) Calendar Days From Receipt Of Such Notice And The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award In Accordance With Section 37.2.1 Of The Revised Irr Of R.a. No. 9184. C. The Bidder/supplier Must Have No Pending Unaccepted Notice To Proceed Three (3) Days From The Date Of Acceptance And Signing Of The Purchase Order. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. D. The Bidder/supplier Must Have No Notice Of Award Pending Its Conformity Three (3) Days From The Date Of Its Receipt Of The Notice Of Award. Otherwise, It Shall Be Aground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. E. The Bidder/supplier Shall Submit A List Of All Its Ongoing And Completed Projects With The Iloilo Provincial Government Indicating The Delivery Periods And Accomplishments Of Such Projects. F. The Bidder/supplier At The Time Of The Bidding Must Have No Pending Unposted Performance Or Warranty Security, As The Case May Be, Beyond The Period Allowed In The Notice Of Award. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. G. When An Occurrence Of A Tie Among Bidders Takes Place, I.e., Two Or More Of The Bidders Are Determined And Declared As The Lowest Calculated And Responsive Bidder (lcrb), The Winning Bidder Shall Be Determined By Draw Lots Upon Notice To The Bidders Concerned And/or Their Authorized Representatives In Accordance With The Relevant Circulars Issued By The Government Procurement Policy Board (gppb). 12. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 13. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Bac Secretariat Head 5th Floor, Bids And Awards Committee Iloilo Provincial Capitol Email Address: Ipg_bacs@yahoo.com Website: Iloilo.gov.ph Telephone Number: (033) 336-0736 14. You May Visit The Following Websites For Downloading Of Bidding Documents: Ipg.gov.ph And/or Philgeps.com November 13, 2024 Atty. Dennis T. Ventilacion Chairman, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Wishes To Receive Bids For The Purchase Of Drugs & Medicines With Bid No. Iph-24-1686-b. The Procurement Project (referred To Herein As “project”) Is Composed Of Thirty-four (34) Items, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of Two Million Two Hundred Thirty-nine Thousand Ninety-seven Pesos (php 2,239,097.00) The Source Of Funding Is: A. Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C. For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time At Its Physical Address As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Complete Bid - One Project Having Several Items That Shall Be Awarded As One Contract In Case Of Complete Bid. Line Bidding/partial Bidding - One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Refers To The Contracts To Be Bid Or The Object Of The Contract; B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp Iloilo Provincial Hospital, Pototan Iloilo Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc, If Bid Security Is In Surety Bond. 15 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.3 No Further Instructions. 20.2 For The Procurement Of Drugs And Medicines And Medical Equipment/supplies, The Bidder Shall Submit The Following: A. Certificate Of Product Registration From Food And Drug Administration (fda) For Easy Validation During The Post-qualification; B. Certificate If Good Manufacturing Practice From Fda, For Easy Validation During The Post-qualification; C. Batch Release Certificate From Fda, For Easy Validation During The Post-qualification; D. If The Supplier Is Not The Manufacturer, Certification From The Manufacturer That The Supplier Is An Authorized Distributor/ Dealer Of The Products / Items For Easy Validation During The Post-qualification; E. For The Procurement Of Regulated Drugs, The Applicable Type Of S-license: S-1, S-3 (retailer) S-4 (wholesaler) S-5c (manufacturer) S-5d (bulk Depot/storage) S-5e S-5i (importer); F. License To Operate (lto) Issued By Fda, If Applicable; G. After-sales Services/parts, If Applicable; H. Manpower Requirements, If Applicable. 21.2 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered To Iloilo Provincial Hospital, Pototan Iloilo. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Authorized Employee/official Of The Iloilo Provincial Government. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. 2.2 Partial Payment Is Not Allowed. 4 The Inspections And Tests That Will Be Conducted Are Through Physical Inspection. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Aminophylline 25mg/ml, 10ml Soln For Injection 200 200 2 Amiodarone Hci 50mg/ml, 3ml Soln For Injection 50 50 3 Atracurium Besilate 10mg/ml 2.5ml Soln For Injection 200 200 4 Atropine Sulfate 1mg/ml, 1ml Soln For Injection 100 100 5 Budesonide 250mcg/ml, 2ml Resp. Soln. 800 800 6 Bupivacaine 0.5% 4ml (heavy Spinal) W/ 8% Dextrose As Hci 600 600 7 Carboprost 125mcg/0.5ml Solution, 0.5ml Soln For Injection 100 100 8 Chlorphenamine Maleate 10mg/ml, 1ml 50 50 9 Clonidine(as Hci) 150mcg/ml, 1ml Soln For Injection 400 400 10 Diphenhydramine (as Hci) 50mg/ml, 1 Ml Soln For Injection 400 400 11 Digoxin 250mcg/ml 2ml Soln For Injection 90 90 12 Dobutamine (as Hci) 50mg/ml, 5ml Soln For Injection 400 400 13 Erythromycin Ointment 0.5%, 5g. Eye Ointment 250 250 14 Furosemide 10mg/ml, 2ml Soln For Injection 2500 2500 15 Hydrocortisone 125mg/ml. 2ml Or Its Equivalent 400 400 16 Hydrocortisone 50mg/ml., 2ml Or Its Equivalent 500 500 17 Hyoscine-n-butylbromide 20mg/ml, 1 Ml Soln For Injection 1500 1500 18 Lsoxsuprine (as Hci) 5mg/ml, 2ml Soln For Injection 600 600 19 Ketorolac 30mg/ml, 1ml 2500 2500 20 Nicardipine (as Hci) 1mg/ml, 2ml Soln For Injection 500 500 21 Omeprazole 40mg Powder For Injection 6000 6000 22 Propofol 10mg/ml 20ml Emulsion For Injection 250 250 23 Bupivacaine Hci 0.5% (isobaric) 5mg/ml, 10ml Soln. 50 50 24 Dexamethasone (as Sodium Phosphate)4mg/ml, 2ml Soln For Injection 550 550 25 Epinephrine (as Hci) 1 Mg/ml, 1 Ml Soln For Injection 700 700 26 Hydralazine {as Hci) 20mg/ml, 1 Ml Soln For Injection 550 550 27 Ketamine (as Hci) 50mg/ml 10ml Soln For Injection 40 40 28 Mupirocin 2% , 15g Tube Ointment 600 600 29 Paracetamol 150mg/ml, 2ml Soln For Injection 5000 5000 30 Phytomenadione 10mg/ml, 1ml (vit. K) Soln. For Injection 1400 1400 31 Purified Chick Embryo Cell Rabies Vaccine 2.5”iu”m 1ml+1ml Dil. 233 233 32 Ranitidine Hcl 25mg/ml, 2 Ml Soln For Injection 600 600 33 Vitamin B1 100mg, Vit B6 100mg, Vit. B12 + 1mg/ml, 3ml Soln. For Injection 150 150 34 Nicardipine 1mg/ml, 10ml Soln. For Injection 200 200 _______________________ Signature Over Printed Name Section Vii. Technical Specifications Bid No.: Iph-24-1686-b Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 Aminophylline 25mg/ml, 10ml Soln For Injection 2 Amiodarone Hci 50mg/ml, 3ml Soln For Injection 3 Atracurium Besilate 10mg/ml 2.5ml Soln For Injection 4 Atropine Sulfate 1mg/ml, 1ml Soln For Injection 5 Budesonide 250mcg/ml, 2ml Resp. Soln. 6 Bupivacaine 0.5% 4ml (heavy Spinal) W/ 8% Dextrose As Hci 7 Carboprost 125mcg/0.5ml Solution, 0.5ml Soln For Injection 8 Chlorphenamine Maleate 10mg/ml, 1ml 9 Clonidine (as Hci) 150mcg/ml, 1ml Soln For Injection 10 Diphenhydramine (as Hci) 50mg/ml, 1 Ml Soln For Injection 11 Digoxin 250mcg/ml 2ml Soln For Injection 12 Dobutamine (as Hci) 50mg/ml, 5ml Soln For Injection 13 Erythromycin Ointment 0.5%, 5g. Eye Ointment 14 Furosemide 10mg/ml, 2ml Soln For Injection 15 Hydrocortisone 125mg/ml. 2ml Or Its Equivalent 16 Hydrocortisone 50mg/ml., 2ml Or Its Equivalent 17 Hyoscine-n-butylbromide 20mg/ml, 1 Ml Soln For Injection 18 Lsoxsuprine (as Hci) 5mg/ml, 2ml Soln For Injection 19 Ketorolac 30mg/ml, 1ml 20 Nicardipine (as Hci) 1mg/ml, 2ml Soln For Injection 21 Omeprazole 40mg Powder For Injection 22 Propofol 10mg/ml 20ml Emulsion For Injection 23 Bupivacaine Hci 0.5% (isobaric) 5mg/ml, 10ml Soln. 24 Dexamethasone (as Sodium Phosphate)4mg/ml, 2ml Soln For Injection 25 Epinephrine (as Hci) 1 Mg/ml, 1 Ml Soln For Injection 26 Hydralazine {as Hci) 20mg/ml, 1 Ml Soln For Injection 27 Ketamine (as Hci) 50mg/ml 10ml Soln For Injection 28 Mupirocin 2% , 15g Tube Ointment 29 Paracetamol 150mg/ml, 2ml Soln For Injection 30 Phytomenadione 10mg/ml, 1ml (vit. K) Soln. For Injection 31 Purified Chick Embryo Cell Rabies Vaccine 2.5”iu”m 1ml+1ml Dil. 32 Ranitidine Hcl 25mg/ml, 2 Ml Soln For Injection 33 Vitamin B1 100mg, Vit B6 100mg, Vit. B12 + 1mg/ml, 3ml Soln. For Injection 34 Nicardipine 1mg/ml, 10ml Soln. For Injection _______________________ Signature Over Printed Name   Section Viii. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages);or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (k) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (l) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (m) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (o) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (p) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.

Details: Description Bids And Awards Committee Iloilo Provincial Government Procurement Of Medical Equipment Bid No. Pho-24-1861-b Philippine Bidding Documents Sixth Edition July 2020 Table Of Contents Section I. Invitation To Bid……………………………………………………..3 Section Ii. Instructions To Bidders………………………………………..…...5 1. Scope Of Bid ………………………………………………………………………. 5 2. Funding Information………………………………………………………………. 5 3. Bidding Requirements ……………………………………………………………. 5 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 5 5. Eligible Bidders…………………………………………………………………… 5 6. Origin Of Goods ………………………………………………………………….. 6 7. Subcontracts ……………………………………………………………………… 7 8. Pre-bid Conference ………………………………………………………………. 7 9. Clarification And Amendment Of Bidding Documents …………………………… 7 10. Documents Comprising The Bid: Eligibility And Technical Components …………. 7 11. Documents Comprising The Bid: Financial Component …………………………... 7 12. Bid Prices …………………………………………………………………………. 8 13. Bid And Payment Currencies ……………………………………………………… 8 14. Bid Security ………………………………………………………………………. 8 15. Sealing And Marking Of Bids ……………………………………………………… 9 16. Deadline For Submission Of Bids …………………………………………………. 9 17. Opening And Preliminary Examination Of Bids ………………………………….. 9 18. Domestic Preference ……………………………………………………………… 9 19. Detailed Evaluation And Comparison Of Bids ……………………………………. 9 20. Post-qualification ………………………………………………………………… 10 21. Signing Of The Contract …………………………………………………………… 10 Section Iii. Bid Data Sheet …………………………………………………..11 Section Iv. General Conditions Of Contract ……………………...………..12 1. Scope Of Contract ………………………………………………………………… 12 2. Advance Payment And Terms Of Payment ……………………………………….. 12 3. Performance Security ……………………………………………………………. 12 4. Inspection And Tests ……………………………………………………………… 12 5. Warranty …………………………………………………………………………. 13 6. Liability Of The Supplier ………………………………………………………….. 13 Section V. Special Conditions Of Contract ………………………………….14 Section Vi. Schedule Of Requirements ……………………………………....16 Section Vii. Technical Specifications …………………………………………18 Section Viii. Checklist Of Technical And Financial Documents …………..20 Section I. Invitation To Bid Procurement Of Medical Equipment Bid No. Pho-24-1861-b 1. The Iloilo Provincial Government Through The Spc Island Power Corp. (pdpp 1) – Rwmheef (er 1-94) Intends To Apply The Sum Of Four Hundred Sixty-five Thousand Five Hundred Pesos (php465,500.00) Being The Abc To Payments Under The Contract For The Procurement Of Medical Equipment. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 14 Days Upon Receipt Of The Notice To Proceed (ntp). Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat Of The Iloilo Provincial Government And Inspect The Bidding Documents At The Address Given Below During 8:00 A.m. To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 15, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Hundred Pesos (php500.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On November 22, 2024 At 5th Floor, Bac Secretariat Office, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City And/or Through Video Conferencing Or Webcasting, Upon Request At Least Three (3) Days Before The Pre-bid Conference, Via Zoom Or Other Videoconferencing Portals, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The 5th Floor, Bac Secretariat Office, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before December 4, 2024 At 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On December 4, 2024 At 9:01 A.m. At The 5th Floor, Bac Secretariat Office, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. A. The Participating Bidder/supplier Or Its Authorized Representative Must Indicate In Any Of The Eligibility Documents, An Email Address Or A Working Fax Number. The Absence Of Which Shall Be A Ground For Disqualification. Notice To The Bidder/supplier Through The Use Of Either Of These Means (email/fax) Is Considered Sufficient Notice. The Date Of Filing Of Reconsideration And All Communications With The Bac Shall Be Its (bac) Date Of Receipt. B. The Bidder(s)/awardee(s) Or Its Authorized Representative Must Conform To The Notice Of Award Within Three (3) Calendar Days From Receipt Of Such Notice And The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award In Accordance With Section 37.2.1 Of The Revised Irr Of R.a. No. 9184. C. The Bidder/supplier Must Have No Pending Unaccepted Notice To Proceed Three (3) Days From The Date Of Acceptance And Signing Of The Purchase Order. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. D. The Bidder/supplier Must Have No Notice Of Award Pending Its Conformity Three (3) Days From The Date Of Its Receipt Of The Notice Of Award. Otherwise, It Shall Be Aground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. E. The Bidder/supplier Shall Submit A List Of All Its Ongoing And Completed Projects With The Iloilo Provincial Government Indicating The Delivery Periods And Accomplishments Of Such Projects. F. The Bidder/supplier At The Time Of The Bidding Must Have No Pending Unposted Performance Or Warranty Security, As The Case May Be, Beyond The Period Allowed In The Notice Of Award. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. G. When An Occurrence Of A Tie Among Bidders Takes Place, I.e., Two Or More Of The Bidders Are Determined And Declared As The Lowest Calculated And Responsive Bidder (lcrb), The Winning Bidder Shall Be Determined By Draw Lots Upon Notice To The Bidders Concerned And/or Their Authorized Representatives In Accordance With The Relevant Circulars Issued By The Government Procurement Policy Board (gppb). 11. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Bac Secretariat Head 5th Floor, Bids And Awards Committee Iloilo Provincial Capitol Email Address: Ipg_bacs@yahoo.com/bac@iloilo.gov.ph Website: Iloilo.gov.ph Telephone Number: (033) 336-0736 13. You May Visit The Following Websites For Downloading Of Bidding Documents: Ipg.gov.ph And/or Philgeps.com November 11, 2024 Atty. Dennis T. Ventilacion Chairman, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Wishes To Receive Bids For The Procurement Of Medical Equipment With Bid No. Pho-24-1861-b. The Procurement Project (referred To Herein As “project”) Is Composed Of Nine (9) Items, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of Four Hundred Sixty-five Thousand Five Hundred Pesos (php465,500.00). 2.2. The Source Of Funding Is: Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C. For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time At Its Physical Address As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Complete Bid - One Project Having Several Items That Shall Be Awarded As One Contract In Case Of Complete Bid. Line Bidding/partial Bidding - One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Refers To The Contracts To Be Bid Or The Object Of The Contract; B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp [provincial Health Office Supply Room, Iloilo Sports Complex, La Paz, Iloilo City] Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc, If Bid Security Is In Surety Bond. 15 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.3 No Further Instructions. 20.2 For The Procurement Of Drugs And Medicines And Medical Equipment/supplies, The Bidder Shall Submit The Following: A. Certificate Of Product Registration From Food And Drug Administration (fda) For Easy Validation During The Post-qualification; B. Certificate If Good Manufacturing Practice From Fda, For Easy Validation During The Post-qualification; C. Batch Release Certificate From Fda, For Easy Validation During The Post-qualification; D. If The Supplier Is Not The Manufacturer, Certification From The Manufacturer That The Supplier Is An Authorized Distributor/ Dealer Of The Products / Items For Easy Validation During The Post-qualification; E. For The Procurement Of Regulated Drugs, The Applicable Type Of S-license: S-1, S-3 (retailer) S-4 (wholesaler) S-5c (manufacturer) S-5d (bulk Depot/storage) S-5e S-5i (importer); F. License To Operate (lto) Issued By Fda, If Applicable; G. After-sales Services/parts, If Applicable; H. Manpower Requirements, If Applicable. 21.2 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered To The Provincial Health Office Supply Room, Iloilo Sports Complex, La Paz, Iloilo City. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Authorized Employee/official Of The Iloilo Provincial Government. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. 2.2 Partial Payment Is Not Allowed. 4 The Inspections And Tests That Will Be Conducted Are Through Physical Inspection. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Height Board Height Range To Be Measured: 0-1310mm. Minimum Value Of Height Per Division: 1mm Measurement: 38x31x79.5cm (2pcs) 8 8 2 Instrument Table Measures: 13”x19”, Removable, Adjustable-height Stainless-steel Tray -52” High And Features Chrome Plated Swivel Casters For Easy Maneuverability -the Mayo Tray Is Constructed Of A Powder Coated Aluminum Frame With A Stainless-steel Tray 3 3 3 Examining Table Features: Powder-coated Steel Frame, 3 Panel Padded Foam Mattress, Pullout Foot Stool, Easy To Clean, Stainless Resistant Upholstery, Four Front Storage Drawers, Large Drawer, Elevating Backrest, One-pair Of Stirrup, Adjustable Leg Rest 2 2 4 Ophthalmoscope Features: Soft-orbital Support, Convex Aperture Wheel Above The Surface Of Case, Automatically Powers Off When Attached To The Pocket, Small Pot For Reduced Reflection With Small Pupils, Fixation Star For Determination Of Central Or Eccentric Fixation, Red-free Filter For Contrast Enhancement When Assessing Fine Vascular Disorders 1 1 5 Otoscope Diameter Size: 2.4mm, 3mm, 4mm, 5mm Bulb Type: Led Battery: 2 X Aa Battery 1 1 6 Bp Apparatus, Adult Display: Lcd Digital Display Cuff Size: M (22-23 Cm) Measuring Principle: Oscillometric Method Measuring Localization: Upper Arm Memory Function: 2x90 Sets Memory Of Measurement Values Power Source: 4 Pcs. Aa Alkaline Battery Dc, 6v Or Ac Adapter Automatic Power-off: 3 Minutes 25 25 7 Nebulizer Value Power: 220v/60hz Current: 0.8a Medication Capacity: 5ml Capacity Particle Size: 0.5-10 Um Mmad 4 Dba Maximum Medication Capacity: 13 Ml (cc) Average Nebulization Rate Min: 0.2 Ml, Min Sound Level: 80 Dba Compressor Pressure Range: 30-36 Psi, 210-250 Kpa, 2.1-2.5 Bar Operating Pressure Range: 8-16 Psi, 50-100 Kpa, 0.5-1.0 Bar Liter Flow Range: 6-8 Lpm Operating Temperature Range: 10c-40c 50f-104f Operating Humidity Range: 10-95% Ph Storage Temperature Range: 20c-70c-04-f-158f Dimensions (l X W X H): 285x180x110mm Weight: 2.0kg 4.3lbs 10 10 8 Baby Weighing Scale Weight: 25kg Capacity Precision Size: Approx. 5” Dial Smooth Action With Low Friction Acetal Bearings, With Very Strong Steel Removable Hanging Hooks, Metric And Imperial Scales, 25kg (increments 100g) Or 55lbs (inc 40z), Robust Abs Casing And Polycarbonate Screen, Corrosion Resistant Finish, Adjust Knob To 15% Great For Large Bulky Heavy Items 4 4 9 Neuro Hammer -stainless Steel Body, Includes Pin And Brush, Ergonomic Lightweight Handle, Balance-weighted Head Is Outfitted With Large And Small Mallets 1 1 ___________________________________ Signature Over Printed Name Section Vii. Technical Specifications Bid No.: Pho-24-1861-b Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 Height Board Height Range To Be Measured: 0-1310mm. Minimum Value Of Height Per Division: 1mm Measurement: 38x31x79.5cm (2pcs) 2 Instrument Table Measures: 13”x19”, Removable, Adjustable-height Stainless Steel Tray -52” High And Features Chrome Plated Swivel Casters For Easy Maneuverability -the Mayo Tray Is Constructed Of A Powder Coated Aluminum Frame With A Stainless-steel Tray 3 Examining Table Features: Powder-coated Steel Frame, 3 Panel Padded Foam Mattress, Pullout Foot Stool, Easy To Clean, Stainless Resistant Upholstery, Four Front Storage Drawers, Large Drawer, Elevating Backrest, One-pair Of Stirrup, Adjustable Leg Rest 4 Ophthalmoscope Features: Soft-orbital Support, Convex Aperture Wheel Above The Surface Of Case, Automatically Powers Off When Attached To The Pocket, Small Pot For Reduced Reflection With Small Pupils, Fixation Star For Determination Of Central Or Eccentric Fixation, Red-free Filter For Contrast Enhancement When Assessing Fine Vascular Disorders 5 Otoscope Diameter Size: 2.4mm, 3mm, 4mm, 5mm Bulb Type: Led Battery: 2 X Aa Battery 6 Bp Apparatus, Adult Display: Lcd Digital Display Cuff Size: M (22-23 Cm) Measuring Principle: Oscillometric Method Measuring Localization: Upper Arm Memory Function: 2x90 Sets Memory Of Measurement Values Power Source: 4 Pcs. Aa Alkaline Battery Dc, 6v Or Ac Adapter Automatic Power-off: 3 Minutes 7 Nebulizer Value Power: 220v/60hz Current: 0.8a Medication Capacity: 5ml Capacity Particle Size: 0.5-10 Um Mmad 4 Dba Maximum Medication Capacity: 13 Ml (cc) Average Nebulization Rate Min: 0.2 Ml, Min Sound Level: 80 Dba Compressor Pressure Range: 30-36 Psi, 210-250 Kpa, 2.1-2.5 Bar Operating Pressure Range: 8-16 Psi, 50-100 Kpa, 0.5-1.0 Bar Liter Flow Range: 6-8 Lpm Operating Temperature Range: 10c-40c 50f-104f Operating Humidity Range: 10-95% Ph Storage Temperature Range: 20c-70c-04-f-158f Dimensions (l X W X H): 285x180x110mm Weight: 2.0kg 4.3lbs 8 Baby Weighing Scale Weight: 25kg Capacity Precision Size: Approx. 5” Dial Smooth Action With Low Friction Acetal Bearings, With Very Strong Steel Removable Hanging Hooks, Metric And Imperial Scales, 25kg (increments 100g) Or 55lbs (inc 40z), Robust Abs Casing And Polycarbonate Screen, Corrosion Resistant Finish, Adjust Knob To 15% Great For Large Bulky Heavy Items 9 Neuro Hammer -stainless Steel Body, Includes Pin And Brush, Ergonomic Lightweight Handle, Balance-weighted Head Is Outfitted With Large And Small Mallets Terms And Conditions 1. One (1) Year Warranty On Parts And Services 2. Free Software Installation And Update ___________________________________ Signature Over Printed Name Section Viii. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages);or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (k) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (l) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (m) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (o) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (p) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.

Details: Description Bids And Awards Committee Iloilo Provincial Government Procurement Of Laboratory Supplies Bid No. Iph-24-1467-b Philippine Bidding Documents Sixth Edition July 2020 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 5 1. Scope Of Bid 5 2. Funding Information 5 3. Bidding Requirements 5 4. Corrupt, Fraudulent, Collusive, And Coercive Practices 5 5. Eligible Bidders 5 6. Origin Of Goods 6 7. Subcontracts 6 8. Pre-bid Conference 7 9. Clarification And Amendment Of Bidding Documents 7 10. Documents Comprising The Bid: Eligibility And Technical Components 7 11. Documents Comprising The Bid: Financial Component 7 12. Bid Prices 8 13. Bid And Payment Currencies 8 14. Bid Security 8 15. Sealing And Marking Of Bids 9 16. Deadline For Submission Of Bids 9 17. Opening And Preliminary Examination Of Bids 9 18. Domestic Preference 9 19. Detailed Evaluation And Comparison Of Bids 9 20. Post-qualification 10 21. Signing Of The Contract 10 Section Iii. Bid Data Sheet 11 Section Iv. General Conditions Of Contract 12 1. Scope Of Contract 12 2. Advance Payment And Terms Of Payment 12 3. Performance Security 12 4. Inspection And Tests 12 5. Warranty 13 6. Liability Of The Supplier 13 Section V. Special Conditions Of Contract 14 Section Vi. Schedule Of Requirements 16 Section Vii. Technical Specifications 18 Section Viii. Checklist Of Technical And Financial Documents 20   Section I. Invitation To Bid Purchase Of Laboratory Supplies Bid No. Iph-24-1467-b 1. The Iloilo Provincial Government Through The Supplemental Budget No. 1 Cy 2024 Intends To Apply The Sum Of One Million Five Hundred Ninety-two Thousand Four Hundred Pesos (php 1,592,400.00) Being The Abc To Payments Under The Contract For The Purchase Of Laboratory Supplies Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By 14 Days Upon Receipt Of The Notice To Proceed (ntp). Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat Of The Iloilo Provincial Government And Inspect The Bidding Documents At The Address Given Below During 8:00 A.m. To 5:00 P.m. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 20, 2024 From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (php1,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On November 27, 2024 At The Bac Office, 5th Floor, New Iloilo Provincial Capitol And/or Through Video Conferencing Or Webcasting, Upon Request At Least Three (3) Days Before The Pre-bid Conference, Via Zoom Or Other Videoconferencing Portals, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Bac Office,5th Floor, Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before December 11, 2024 At 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On December 11, 2024 At 9:01 A.m. At The Bac Office, 5th Floor, New Iloilo Provincial Capitol. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. A. The Participating Bidder/supplier Or Its Authorized Representative Must Indicate In Any Of The Eligibility Documents, An Email Address Or A Working Fax Number. The Absence Of Which Shall Be A Ground For Disqualification. Notice To The Bidder/supplier Through The Use Of Either Of These Means (email/fax) Is Considered Sufficient Notice. The Date Of Filing Of Reconsideration And All Communications With The Bac Shall Be Its (bac) Date Of Receipt. B. The Bidder(s)/awardee(s) Or Its Authorized Representative Must Conform To The Notice Of Award Within Three (3) Calendar Days From Receipt Of Such Notice And The Winning Bidder Shall Post The Required Performance Security And Enter Into Contract With The Procuring Entity Within Ten (10) Calendar Days From Receipt By The Winning Bidder Of The Notice Of Award In Accordance With Section 37.2.1 Of The Revised Irr Of R.a. No. 9184. C. The Bidder/supplier Must Have No Pending Unaccepted Notice To Proceed Three (3) Days From The Date Of Acceptance And Signing Of The Purchase Order. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. D. The Bidder/supplier Must Have No Notice Of Award Pending Its Conformity Three (3) Days From The Date Of Its Receipt Of The Notice Of Award. Otherwise, It Shall Be Aground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. E. The Bidder/supplier Shall Submit A List Of All Its Ongoing And Completed Projects With The Iloilo Provincial Government Indicating The Delivery Periods And Accomplishments Of Such Projects. F. The Bidder/supplier At The Time Of The Bidding Must Have No Pending Unposted Performance Or Warranty Security, As The Case May Be, Beyond The Period Allowed In The Notice Of Award. Otherwise, It Shall Be A Ground For Disqualification And The Bidder Will Be Rated "failed" During The Preliminary Examination Of Bids And/or Its Bid Shall Be Declared As "non-responsive" During Post-qualification. G. When An Occurrence Of A Tie Among Bidders Takes Place, I.e., Two Or More Of The Bidders Are Determined And Declared As The Lowest Calculated And Responsive Bidder (lcrb), The Winning Bidder Shall Be Determined By Draw Lots Upon Notice To The Bidders Concerned And/or Their Authorized Representatives In Accordance With The Relevant Circulars Issued By The Government Procurement Policy Board (gppb). 11. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Bac Secretariat Head 5th Floor, Bids And Awards Committee Iloilo Provincial Capitol Email Address: Ipg_bacs@yahoo.com Website: Iloilo.gov.ph Telephone Number: (033) 336-0736 13. You May Visit The Following Websites For Downloading Of Bidding Documents: Ipg.gov.ph And/or Philgeps.com November 14, 2024 Atty. Dennis T. Ventilacion Chairman, Bids And Awards Committee Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Wishes To Receive Bids For The Purchase Of Laboratory Supplies With Bid No. Iph-24-1467-b. The Procurement Project (referred To Herein As “project”) Is Composed Of Forty-four (44) Items, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2024 In The Amount Of One Million Five Hundred Ninety-two Thousand Four Hundred Pesos (php 1,592,400.00). The Source Of Funding Is: A. Lgus, The Annual Or Supplemental Budget, As Approved By The Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii. Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. B. For The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. C. For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of Either (a) Or (b) Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: The Bidder Should Comply With The Following Requirements: [select Either Failure Or Monopoly Of Bidding Based On Market Research Conducted] I. Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least Fifty Percent (50%) In The Case Of Non-expendable Supplies And Services Or Twenty-five Percent (25%) In The Case Of Expendable Supplies] Of The Abc For This Project; And Ii. The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In E. B. For Goods Offered From Abroad: I. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii. The Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 13. Bid And Payment Currencies 13.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos. 14. Bid Security 14.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty (120) Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. 16. Deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time At Its Physical Address As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 17.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Complete Bid - One Project Having Several Items That Shall Be Awarded As One Contract In Case Of Complete Bid. Line Bidding/partial Bidding - One Project Having Several Items, Which Shall Be Awarded As Separate Contracts Per Item 19.5. Except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20. Post-qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Refers To The Contracts To Be Bid Or The Object Of The Contract; B. Completed Within Three (3) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 12 The Price Of The Goods Shall Be Quoted Ddp Iloilo Provincial Hospital, Pototan Iloilo Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B. The Amount Of Not Less Than Five Percent (5%) Of Abc, If Bid Security Is In Surety Bond. 15 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.3 No Further Instructions. 20.2 For The Procurement Of Drugs And Medicines And Medical Equipment/supplies, The Bidder Shall Submit The Following: A. Certificate Of Product Registration From Food And Drug Administration (fda) For Easy Validation During The Post-qualification; B. Certificate If Good Manufacturing Practice From Fda, For Easy Validation During The Post-qualification; C. Batch Release Certificate From Fda, For Easy Validation During The Post-qualification; D. If The Supplier Is Not The Manufacturer, Certification From The Manufacturer That The Supplier Is An Authorized Distributor/ Dealer Of The Products / Items For Easy Validation During The Post-qualification; E. For The Procurement Of Regulated Drugs, The Applicable Type Of S-license: S-1, S-3 (retailer) S-4 (wholesaler) S-5c (manufacturer) S-5d (bulk Depot/storage) S-5e S-5i (importer); F. License To Operate (lto) Issued By Fda, If Applicable; G. After-sales Services/parts, If Applicable; H. Manpower Requirements, If Applicable. 21.2 No Further Instructions. Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1. Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2. The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 6.1. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 6.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines, State:] “the Delivery Terms Applicable To This Contract Are Delivered To Error! Reference Source Not Found.. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Authorized Employee/official Of The Iloilo Provincial Government. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. 2.2 Partial Payment Is Not Allowed. 4 The Inspections And Tests That Will Be Conducted Are Through Physical Inspection. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Glucose Reagent 400ml 4 4 2 Cholesterol Reagent 400ml 4 4 3 Triglycerides Reagent 400ml 2 2 4 Uric Acid Reagent 400ml 3 3 5 Urea/bun Reagent 300ml 3 3 6 Hdl Cholesterol Reagent 250ml 1 1 7 Normal Control 5x5ml 5 5 8 Pathologic Control 5x5ml 5 5 9 Sgpt Reagent 500ml 3 3 10 Typing Sera (anti-a, Anti-b) 10cc 100 100 11 Anti D 10cc (rh Typing) 70 70 12 Antibody Enhancement (liss) 10cc 30 30 13 Anti Human Globulin 10cc 30 30 14 Dengue Test Kit (duo, Igg,igm, Ns1) 25's 10 10 15 Crp Reagent 150's 15 15 16 Aso Titer Reagent 100's 2 2 17 Troponin I Cassette 40's 10 10 18 Thermal Paper 57mmx10m 200 200 19 Wooden Applicator Sticks 1000's 20 20 20 Paper Towel 176pulls 100 100 21 Distilled Water 10ltrs 30 30 22 H. Pylori Antibody 25's 2 2 23 Glucose Tolerance Test Beverage (75 G. Dextrose) 200 200 24 Hema Stain (500ml) 5 5 25 Urine Strips 4 Parameter 100 100 26 0.5ml Microtainer Lavender Top 100's 100 100 27 5ml Red Top Plain Tubes Glass 100s 50 50 28 10ml Red Top Plain Tubes Glass 100's 10 10 29 Sedi Rate Esr Pipette Westergreen 200’s 2 2 30 Microlancets 200's G23 20 20 31 Microhematocrit Tubes, Heparinized Red Tip 1000's 3 3 32 Yellow Pipettor Tips 1000's 100 100 33 Blue Pipettor Tips 500's 30 30 34 G3+ Cartridge 25's For Istat Machine 24 24 35 Tri Control Level I (10x1.7ml) For Istat Machine 1 1 36 Tri Control Level Ii (10x1.7ml) For Istat Machine 3 3 37 Tri Control Level Ill (10x1.7ml) For Istat Machine 1 1 38 Leptospirosis 30's Igg/igm 3 3 39 Hbsag Strips 50's Igg/igm 6 6 40 Salmonella Typhi 30's Igg/igm 5 5 41 Heparinized Syringe 3cc 400 400 42 Black Top Tubes 2.4ml Citrated Glass 100's 6 6 43 Yellow Tap Tubes (gel Separator) 4ml Glass 10 10 44 Creatinine Reagent (jaffe, Kinetic) 400ml 8 8 _______________________ Signature Over Printed Name Section Vii. Technical Specifications Bid No.: Iph-24-1467-b Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] 1 Glucose Reagent 400ml 2 Cholesterol Reagent 400ml 3 Triglycerides Reagent 400ml 4 Uric Acid Reagent 400ml 5 Urea/bun Reagent 300ml 6 Hdl Cholesterol Reagent 250ml 7 Normal Control 5x5ml 8 Pathologic Control 5x5ml 9 Sgpt Reagent 500ml 10 Typing Sera (anti-a, Anti-b) 10cc 11 Anti D 10cc (rh Typing) 12 Antibody Enhancement (liss) 10cc 13 Anti Human Globulin 10cc 14 Dengue Test Kit (duo, Igg,igm, Ns1) 25's 15 Crp Reagent 150's 16 Aso Titer Reagent 100's 17 Troponin I Cassette 40's 18 Thermal Paper 57mmx10m 19 Wooden Applicator Sticks 1000's 20 Paper Towel 176pulls 21 Distilled Water 10ltrs 22 H. Pylori Antibody 25's 23 Glucose Tolerance Test Beverage (75 G. Dextrose) 24 Hema Stain (500ml) 25 Urine Strips 4 Parameter 26 0.5ml Microtainer Lavender Top 100's 27 5ml Red Top Plain Tubes Glass 100s 28 10ml Red Top Plain Tubes Glass 100's 29 Sedi Rate Esr Pipette Westergreen 200’s 30 Microlancets 200's G23 31 Microhematocrit Tubes, Heparinized Red Tip 1000's 32 Yellow Pipettor Tips 1000's 33 Blue Pipettor Tips 500's 34 G3+ Cartridge 25's For Istat Machine 35 Tri Control Level I (10x1.7ml) For Istat Machine 36 Tri Control Level Ii (10x1.7ml) For Istat Machine 37 Tri Control Level Ill (10x1.7ml) For Istat Machine 38 Leptospirosis 30's Igg/igm 39 Hbsag Strips 50's Igg/igm 40 Salmonella Typhi 30's Igg/igm 41 Heparinized Syringe 3cc 42 Black Top Tubes 2.4ml Citrated Glass 100's 43 Yellow Tap Tubes (gel Separator) 4ml Glass 44 Creatinine Reagent (jaffe, Kinetic) 400ml _______________________ Signature Over Printed Name   Section Viii. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages);or ⬜ (b) Registration Certificate From Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives Or Its Equivalent Document, And ⬜ (c) Mayor’s Or Business Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located, Or The Equivalent Document For Exclusive Economic Zones Or Areas; And ⬜ (d) Tax Clearance Per E.o. No. 398, S. 2005, As Finally Reviewed And Approved By The Bureau Of Internal Revenue (bir). Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (g) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (h) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (i) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (j) The Supplier’s Audited Financial Statements, Showing, Among Others, The Supplier’s Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; And ⬜ (k) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc); Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. Class “b” Documents ⬜ (l) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (m) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (o) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (p) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.