Printing Tenders

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Catering Services For Year-end Assessment Of Community Stakeholders 1. The Local Government Unit Of Irosin, Through The General Fund Intends To Apply The Sum Of Six Hundred Fifty Seven Thousand Pesos (p 657,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Catering Services For Year-end Assessment Of Various Stakeholders, Good-46-2024. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Catering Services For Year-end Assessment Of Various Stakeholders Brief Description: 1 Am Snacks/1 Lunch/1 Pm Snacks For 1,825 Pax Approved Budget For The Contract : P 657,000.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : General Fund 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 26-december 3, 2024 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (p 1,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Not Hold A Pre-bid Conference. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before December 3, 2024, 3:29 Pm At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On December 3, 2024, 3:30 Pm At The Given Address Below Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 10. The Local Government Unit Of Irosin Reserves The Right To Accept Any And All Bids, Declare A Failure Of Bidding Or Not Award A Contract At Any Time Prior To Contract Award In Accordance With Section 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations(irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11.for Further Information, Please Refer To: Lorenzo G. Ubalde Municipal Administrator Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Issue: November 26, 2024 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Catering Services For Year-end Assessment Of Various Stakeholders, With Project Identification Number Good-46-2024. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Nutribun, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding General Fund As Indicated Below For In The Amount Of Six Hundred Fifty Seven Thousand Pesos (p 657,000.00). 2.2. The Source Of Funding Is: General Fund 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Expandable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Not Hold A Pre-bid Conference For This Project. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A.catering Services For Year-end Assessment Of Various Stakeholders Brief Description: 1 Am Snack/1 Lunch/1pm Snacks For 1,825 Pax B. Completed Within The Last Two(2) Years From The Date Of The Submission Of Bids 7.1 Not Applicable Since Sub-contracting Is Not Allowed. 12 The Price Of Goods Shall Be Quoted Ddp Lgu-irosin, Irosin, Sorsogon. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. [two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. [five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 Catering Services 1 Am Snack/1 Lunch/1pm Snacks For 1,825 Pax 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Not Applicable. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Not Applicable Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Applicable Provided That Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Meals Served If It Follows The Menu Set By The End-user Units. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement Stamped, Received By The Bir Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing The Total Assets And Liabilities Which Should Not Be Earlier Than Two(2) Years From The Date Of Bid Submission Class “b” Documents ⬜ (i) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (k) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (l) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (m) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sugn Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Lorenzo G. Ubalde Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor Technical Specifications Item No. Item Statement Of Compliance (comply/not Comply) Prepared By: ______________ Proprietor

Description: Contract notice – general guideline, standard regulation, open procedure (services) Procurement of DL for IT services and IT services from Hessenforst in 16 lots IT services in the IT environment of Hessenforst. Services in the areas of IT services, IT services and in ... Additional procurement of DL for IT services and IT services from Hessenforst in 16 lots IT services in the IT environment of Hessenforst. Services in the areas of IT services, IT services and in IT specialist applications, each divided into 16 specialist lots. Services in the IT service data center and in the IT services virtualization, network and operating systems Services in the IT service data center and in the IT services virtualization, network and operating systems The IT service data center provides Hessenforst users with applications centrally and primarily uses the virtualization, network and operating systems services for this purpose. The service must be continually developed and, as a basic IT service, must provide interfaces to all other IT services. The IT service therefore requires high levels of advisory expertise at a strategic level in order to further develop the service, as well as high levels of communication skills to coordinate all IT employees who use the service, who are responsible for an application or a server, for example. The virtualization service offers - the operation of virtual machines on a hypervisor basis, - desktops and apps currently virtualized on Citrix Xenapp 7.15 Ltsr under Windows Server 2016 and, which is being phased out, Windows Server 2008 R2, as well as - profile virtualization based on VMware User Environment Management 9.x and - another virtual data center location in the Microsoft Azure cloud, which must be administered and, if necessary, expanded. The network service ensures - the provision of WAN connections for currently 49 locations on an MPLS basis via a framework agreement with the HZD and LAN connections for the connection to the network of the state of Hesse and thus access to the central data center, - the provision of IP addresses for the servers, clients and printers (with the help of DHCP) and their overview via IP address management (IPAM), - the connection of around 400 individual locations with different contractual partners outside the HZD framework agreements and - the provision of VPN client software for external service providers, - the application for firewall changes via the HZD change management and - the maintenance of the active network components in the CMDB. The operating systems service ensures - the implementation of platform developments based on new operating systems (currently Windows 10 and Windows Server 2016), - the usability of HZD services such as Active Directory and DNS (configuration and administration of user and client objects, applications, currently self-created group policies, maintaining close contact with HZD as the operator of the base). The following services are to be provided for the IT data center IT service: - advice, project management and implementation of tasks related to the basic structure, operation and technical development of the Hessenforst data center and its interfaces to the Hessian Central Office for Data Processing (HZD). Requirements for mobile applications as well as the basic specifications and developments of the state of Hesse and its central service providers, in particular the Hessian Central Office for Data Processing (HZD), must be taken into account. The following services are to be provided for the IT service virtualization: consulting, project management and implementation of tasks in the area of virtualization or its further development. The following services are to be provided for the IT service network: consulting, project management and implementation of tasks in the area of networks or its further development. The following services are to be provided for the IT service operating systems: consulting, project management and implementation of tasks in the area of operating systems or its further development Services in IT service, IT workplace service and IT service IT workplace hardware The IT service includes the provision of technical workplace equipment, as well as the associated services such as installation, user support and troubleshooting, as well as the further development of IT workplace equipment at Hessenforst. This includes all end devices operated by Hessenforst, Hessenpc and telephony operated by HZD. There are currently around 1,800 IT workstations in operation at - 39 forestry offices, - 2 Hessenforst Technik locations, - 2 state operations management locations, - around 500 individual locations (districts, teleworking locations) and - the Kellerwald-Edersee National Park (here as an IT service provider for the national park). The IT service includes the provision of technical workplace equipment, as well as the associated services such as installation, user support and troubleshooting. All projects involving the introduction of new hardware such as mobile devices and the standard of the state of Hesse are supported by the service. The IT service Workplace Hardware supplies Hessenforst employees with installed terminal hardware in the following classes: PC, notebook, printer, multifunction device, mobile phone/smartphone, tablet, telephone (Hessenvoice), each including accessories (monitors, keyboards, mice, cables, docking stations, batteries, SIM cards). With regard to the device classes mentioned, it is responsible for controlling/implementing the logistics associated with device supply, such as warehousing, installation using software distribution, rollout and support in procuring devices, keeping spare parts, handling repairs and warranty cases by third parties. Service employees maintain the affected CIS in the Cmdb and, as user support employees, provide support in both the incident management process and request fulfillment. The service also develops standard hardware equipment for specific user roles/tasks and develops standard procedures for creating and delivering this equipment, and defines associated standard changes. The service develops and implements standard processes for troubleshooting and error correction on components for which the service is responsible. The following services are to be provided for the IT service IT workplace service: - Advice and project management for tasks related to the provision of IT workplaces at Hessenforst. Requirements for mobile applications as well as the basic specifications and developments of the state of Hesse and its central service providers, in particular the Hessian Central Office for Data Processing (HZD), must be taken into account. The following services are to be provided for the IT service IT workstation hardware: - Services in connection with the provision of IT workstations Services in the IT service GIS The IT service ensures the provision and processing of geoinformation via IT specialist applications in the state-owned company Hessenforst. So that the IT service can meet the requirements of the company, various technical services provide different tools and processes, including the IT services Forestry GIS, Operational GIS, Mobile GIS, Portal and GIS Server Infrastructure and SDE, Geodata & Processes. The following services are to be provided for the IT service GIS: - Advice on fundamental, strategic and technical issues relating to the IT service GIS. The advice is independent of the existing (and future) contracts for the development and further development of the IT services ForestryGIS and the operational GIS (BGIS), as these contracts serve to support and drive development within the IT services. In order to plan a neutral strategic orientation in the service or to accompany current developments with the necessary measures at the service level, the advice must take place outside of the above-mentioned contracts and, above all, be manufacturer-independent. Services in the IT service Portal for ArcGIS and GIS server infrastructure The IT service ensures the provision and processing of geoinformation via IT specialist applications in the state-owned company Hessenforst. Various technical services provide different tools and processes so that the IT service can meet the requirements of the company. The portal for ArcGIS is a central component of ArcGIS Enterprise. In particular, the introduction of a mobile GIS and corresponding offline applications has made it a central part of the GIS infrastructure at Hessenforst. The portal for ArcGIS has been made available in the Hessenforst data center in the production, development and integration environments. Mobile applications based on the product Weblinemobile, the Esri standard apps and also the operational GIS are developed using the portal for ArcGIS or are then migrated. On the basis of an architecture and operating concept, the portal for ArcGIS must be operated, expanded, monitored, maintained and kept up to date. The requirements therefore include the operational operation, architecture and administration of the portal. The development of processes for automation in the environment of the portal under the ArcGIS API for Python should be given high priority in order to support the implementation of recurring requirements for administration and operation. The following services are to be provided: - Administration, monitoring and operation of the portal for ArcGIS - Development of processes for automation in the portal environment under ArcGIS API for Python Services in the IT service Forst-GIS The IT service ensures the provision and processing of geoinformation in the state-owned company Hessenforst. The "ForstGIS" service essentially supports the GIS and forestry management services. The service provides users with systems and software for maintaining basic spatial data and generating maps as part of forestry management. The service has interfaces to other services such as database management and the Arcsde service for geodata management. The aim of the ForstGIS service is to enable end users to maintain geodata at Hessen-Forst. The users who use the products and systems provided by the ForstGIS include the Forestry Geoinformation department (an organizational unit of the state management) with the subject areas of GIS data management and GIS analysis as well as forest management planning and the internal and external foresters. The service is used to design, develop and provide Hessenforst's own geoprocessing tools, the so-called Hessentools, to support the workflows. The basis is the ESRI software Arcmap and ArcGIS Pro. The data is stored in an ESRI SDE under Oracle. Cross-state data model with the associated geoprocessing tools via the product Fobis. The product "prosuite" from ESRI CH, in the future from Dira Geosystems, is used to ensure quality when maintaining geometry data. Map series are currently still configured and output using the Map Toolset (KTS) product. The interface software FME is used for mass processing and further geo-processing. The ticket system is the software "echolon". The following services are to be provided: - Support for adjustments as a result of technical and specialist changes - Development of test scenarios and implementation of tests as part of change and release management - Second level support for users with regard to the software provided, the functions and the processes as part of incident management Services in the IT services Mobile GIS and mobile wood recording GIS facts and maps that are important for the state forestry company and its employees and that can provide answers that support decision-making are made available to the user via the Hessenforst app MGIS / MGIS HF Offline. This is not a web application, but a native iOS app for iPhone and iPad. In addition to providing information for the field service, recordings and changes for the central procedures are made via specific specialist applications. Data is exchanged bidirectionally in both directions, centrally to the central databases and locally to mobile iOS devices (iPhone and iPad). The Mgis app currently provides 7 specialist applications, such as traffic safety, with a variety of topics. The system landscape consists of 3 environments each: a development environment, an integration and test environment, and the production environment. In addition to the purely location-related applications, the first application that is primarily focused on factual information has been added: wood recording and pile location. The technological basis of the Mgis/Mgis HF app for iOS is the Weblinemobile app from Intend Geoinformatik, which has been adapted for Hessenforst and is used via Arcgis Enterprise and the Arcgis portal. The development environment is Arcgis Runtime V100.x. The app is made available to employees via the Enterprise Appstore of the Hessenzentrale für Datenverarbeitung (HZD) and is authorized via Active Directory. The bidirectional connection to the portal for ArcGIS and the backend infrastructure with the databases is established via a special VPN application. MGIS was developed as a native offline app with an actively initiated synchronization, since a secure Internet connection is generally not possible in the forest. Developments on the app are carried out by the developer company. The applications are created, adapted and made available in the portal for ArcGIS. Users can then download the applications from there to their mobile devices depending on their authorization. The configuration of an application and the associated web services is carried out via ArcGIS Pro as well as a metadata schema in the portal for ArcGIS and a database-supported configuration framework, which enables a high degree of automation to be achieved. The following services are to be provided: - Ensuring the technical operability of the system environment, the applications and their configurations - Configuration, creation and adaptation of the required services - Participation in all further developments and the tests carried out for this - Development of test scenarios - Ensuring second level support for all applications IT services Operational GIS Operational GIS is the central web-based information and recording system for all GIS issues that are important for the state forestry operation and its employees and that can provide answers that support decision-making. Currently, more than 150 topics are provided via system maps, individual topics or topic groups. In addition to central state-wide topics, users have the option of creating their own maps or overview maps, adding their own content to them and making them available to others. The system landscape consists of 3 environments each: a development environment, an integration and test environment and the production environment. One focus of the work is on providing new themes and adapting and expanding existing themes within the web application using a configuration tool specifically developed for this purpose. Another focus is on creating, adapting and monitoring the web services required for the web application via ArcGIS Enterprise with the Portals for Ar-cgis and the ArcGIS Server. There is close cooperation with the Portal and Server Infrastructure service. The data required for the maps and themes is kept in an Oracle database and entered into the database or updated via the IT service SDE Geodata&processes. This also applies to data model changes that arise as a result of new or changed themes. The operational GIS in its current expansion stage is a customized web GIS application via the Webline product from Intend Geoinformatik, which was developed on the basis of the ESRI Java Script API 3.x and can be run in all common browsers. As a rule, little or nothing is programmed independently; instead, it is configured (configurator). The GIS web services are configured using the Esri Arcmap software, and the applications themselves are configured using the Webline-specific configurator. HTML and CSS are used to design forms, and JavaScript code is embedded in the HTML code if required. The database contents are accessed using the Esri ArcGIS Arcmap software, the FME interface software, or using Oracle SQL Developer and SQL. The plan is to replace the current operational GIS based on the Webline product and Java Script 3.x by the end of 2025. As of today, the plan is to provide a new application using the Esri Java Script API 4.x. Mobile GIS and operational GIS are closely linked. The aim is to establish an even closer connection via the ArcGIS portal and to combine and use configurations for the two IT services, operational and mobile GIS. The aim is to use standardized interfaces in order to be able to offer more consistent processes for the different GIS and non-GIS procedures without any interruptions. The ticket system is the "echolon" software. The following services are to be provided: -Ensuring the technical operability of the system environment, the applications and their configurations -Configuration, creation and adaptation of the required services -Participation in all further developments and the tests carried out for this -Development of test scenarios -Second level support for users with regard to the software provided, the functions and the processes within the framework of incident management Services in the IT service SDE, geodata & processes The SDE, geodata & processes service plays a central role in the GIS and IT technical provision service as well as the handling and processing of geoinformation and serves all GIS IT services directly in the performance of their tasks. In addition to a specific administrative role, the service includes the roles of geodata and process management. The service ensures access to spatial data in the geodatabases. The data is kept in an ESRI SDE and ST_geometry in the Oracle databases. The data models required for the respective IT services and their application must be developed, created, adapted to changed requirements and access to the data must be regulated using granular authorizations. The service is responsible for the contents of the geodatabases and for ensuring that they are up-to-date, of high quality, of performance and of functionality. To ensure this, in addition to ESRI standard tools and methods, the FME interface software from Safesoft as well as database jobs, database procedures and database triggers are developed and used. The provision of new and updated data as well as quality-assured data is a central component of the service portfolio. This is supported by automated process, maintenance and job chains. Regular monitoring of these as well as checking and analyzing the output logs is a central component of the service's tasks. In addition to the administrative and operational activities for the company's own service, it is also necessary to support the other GIS IT services and to accompany the implementation of test and quality assurance work that is carried out as part of change and release management. As part of requirements management and application development, advice and support is provided, particularly for the IT service GIS and the GIS services. Troubleshooting in 2nd and 3rd level support as well as the support or takeover of defined work packages in projects is part of the tasks to be performed. The following services are to be provided: - Ensuring the technical operability of the system environment for the applications of the GIS IT services - Geodata management and provision of new and updated as well as quality-assured data in the central Oracle database and an ESRI SDE - Configuration and creation and adaptation of the required processes, job chains and procedures - Data modelling and rights management - Testing and analysis of the output logs - Participation in all further developments and the tests to be carried out for this - Development of test scenarios - Second level support for users with regard to the software provided, the functions and the processes within the framework of incident management Services for Gupta Team Developer (incl. Building Blocks) and C#.net/Visual Basic.net The IT services described in the service description provide various forestry specialist applications that are currently available with Gupta Team Developer and the Class library building blocks are developed. In detail, these are: - Timber recording and marketing (HEV), - Procurement of forestry services (BFD), - Forestry facilities (and natural inspection), - Integrated time and quantity recording, natural data recording (IZME/NDE), - The hunting program, - Parcel management, - Bark damage survey (SSE), - Measures management and - Personnel management. The data storage of these specialist applications is based on a relational data model in a central Oracle database. Therefore, good SQL and PL/SQL knowledge is a basic requirement for the (further) development of these specialist applications. The Eldatsmart data exchange format is also used and further developed for data exchange with other market participants in the area of raw timber marketing. Services for development, programming, troubleshooting and error correction are required for the OG forestry specialist applications. Development is understood to mean the development of one or more technical solutions in order to solve a problem or task. Programming is understood to mean the technical implementation of the solution developed. It is planned to port all applications on the technological basis of Gupta to C#.net. The porting is expected to be completed in 2026, so that after that no more services for Gupta development and programming will be requested. Services for application development and maintenance in C#.net after porting from Gupta Team Developer The IT services described in the service description provide various specialist forestry applications that were developed with Gupta Team Developer and the Building Blocks class library and then transferred to C#.net as part of a porting project. In detail, these are: - Timber recording and marketing (HEV), - Procurement of forestry services (BFD), - Forestry establishment (and natural inspection), - Integrated time and quantity recording, natural data recording (IZME/NDE), - The hunting program, - Parcel management, - Bark damage survey (SSE), - Measures management and - Personnel management. The data storage of these specialist applications is based on a relational data model in a central Oracle database. Therefore, good SQL and PL/SQL knowledge is a basic requirement for the (further) development of these specialist applications. Since the specialist applications were originally written in Gupta Team Developer and ported to C#.NET in 2025, good experience in Gupta Team Developer and the Building Blocks class library is an advantage. The Eldatsmart data exchange format is also used and further developed for data exchange with other market participants in the area of raw wood marketing. It is planned to port all applications based on Gupta technology to C#.net. The porting is expected to be completed in 2026, so that services from this lot will only be called up after the porting. With the porting, the previous reports based on Gupta Reports must also be ported to a new reporting platform. For the OG forestry specialist applications, services for the development, programming, troubleshooting and error correction of the applications and reports are required. Development means the development of one or more technical solutions in order to solve a problem or task. Programming means the technical implementation of the solution developed. Services in the Oracle Apex environment Currently, 4 applications are productive using Oracle Apex (wood location, operational sampling, cultivated area evaluation and reorganization). Further applications are planned. For these applications and for possible new applications, services for consulting, development, programming, troubleshooting and error correction are required. Services in the SAP BW environment Based on the SAP BW system of the state of Hesse, the applications economic planning, control (wiplus), BFD reports and sales planning have been developed in one portal. Wiplus supports the economic planning of the forestry operations it supports and the natural planning in the state forest. The implementation of the planning is supported by execution data that is maintained in Wiplus (control) and evaluated in the form of plan-actual reports. Plan-actual reports are possible at the district, forestry office and state management levels. Sales planning is a separate application in the portal that accesses the economic planning data. Sales planning bundles planning quantities in preparation for sales negotiations and provides needs-based functions for data maintenance, entry and evaluation. The BFD reports application enables evaluations of award data from the company's own specialist procedure for the procurement of forestry services (BFD for short). Evaluations are offered as design studio reports and SAP BO Analysis for Excel reports. For these applications, services for consulting, (further) development, troubleshooting and 3rd level support are relevant. The applications are hosted at the Hess. Competence Center (HCC) on a SAP BW platform. The HCC operates and partially develops these applications. One order for support, consulting, small developments/bug fixing, etc. is planned each year, as well as, if necessary, one order as part of an IT project for (further) development. Services in the IT service Birt The IT services described in the service description provide various specialist forestry applications, some of which provide reports based on Birt Reporting. For the further development and maintenance of these reports, services for programming, troubleshooting and error correction are required. Services in the IT services mass storage, server and backup/disaster recovery For the IT services mass storage, server and backup/disaster recovery, services for consulting and carrying out tasks in these services are relevant. Mass storage The service provides disk space based on storage systems operated by Hessenforst and rented storage (hzd). Hessenforst operates 4 systems from the manufacturer Dellemc. Two systems are located in the ARZ Mainz, two more in Giessen. Block-oriented volumes are used for VMware data storage as well as file server services with NFS and CIFS/SMB. Mass storage is also used as a backup target (Veeam, snapshots). Hessenforst operates QNAP systems for file transfer and backup. Every backend system required by any software used is mapped as a virtual machine via VMware VSphere on mass storage systems. Every application required by users stores data on the mass storage systems. All user drives (e.g. F:\, G:\, U:\) are located on Hessenforst mass storage. The service provides the following functions: File services: File services for both Microsoft-oriented systems (CIFs/SMB) and Linux-based systems (NFS). When providing the Birt & databases (Oracle) services, a protocol conversion takes place between the two worlds. VMware data storage: Data storage is made available for the VMware hypervisor. This takes place via the Fibrechannel (Giessen) and ISCSI (ARZ Mainz) protocols. Server/hardware The service provides virtual or bare-metal compute and RAM resources based on X64 systems. Hessenforst operates both physical and virtualized servers. The majority of the systems are located in ARZ Mainz and Giessen. There are also servers in every forestry office, in the Forestry Training Center (FBZ) Weilburg and in facilities of the Kellerwald-Edersee National Park (NPA). Each backend system either runs directly on a server (bare.metal) or receives a virtual environment via VMware. The service provides the following functions: Compute: CPU resources for operating systems or hypervisors. RAM: Memory resources for operating systems or hypervisors. Local mass storage: In the case of servers not operated in clusters (e.g. NPA & Forestry Office ESX hosts as well as bare-metal servers (admin server) Backup/disaster recovery This service offers all other services the option of backing up data and restoring all necessary files. Both file-based and server/client-based data backup solutions are offered. In addition, the DR case is considered and appropriate precautionary measures are taken (RTO/RPO). The core functionality of the IT service "Backup and Disaster Recovery (B&R)" is the backup of all operationally relevant files and virtual machines in order to be able to offer appropriate recovery options according to defined SLAs in the event of a service/emergency. The focus here is on the productive areas of Hessen-Forst. In addition, precautionary measures are taken to be able to make the relevant systems and files available again in the event of an emergency. The IT service "Backup and Disaster Recovery" offers, as a basic service of the infrastructure, The ability to back up all relevant systems that cannot be restored within a defined time frame as part of an automated software distribution and to make them available again in the event of a failure. In addition, file storage is backed up using mass storage mechanisms and data is replicated asynchronously from Mainz to Gießen. Services in the IT service Software distribution Hessenforst operates its own software distribution based on Ivanti DSM 2022.2, via which the Windows end devices in-house and virtual machines are automatically installed and maintained. The majority of the workstation computers are installed and maintained by the HZD as Hessenpc. The main tasks are: - Packaging for Citrix terminal servers - Packaging for servers - Integration of new server operating systems - Patch management for Windows and third-party manufacturers (e.g. Adobe, Firefox, and other special software in use) - Support of release management - Automation, e.g. scripting using e.g. PowerShell The framework contract partners are sent a requirements profile for the award of individual orders. Services in the IT service Monitoring For monitoring the IT infrastructure, Scom (Microsoft System Center Operations Manager) is used at Hessenforst. The following are monitored - Hypervisor (VMware ESX Server with Veeam Management Pack) - Virtual machines under Windows Server 2008-2016 - Virtual machines under Linux distributions - Hardware servers - WAN routes - Switches - Air conditioning systems Newly added systems must be included in the monitoring in coordination with the system manager and threshold values must be identified and sensibly configured. The existing infrastructure must be kept up to date with the latest technology through updates and patches.

Tender Id: 49245141-NR-PRINTING-SSB-STORES/NORTHERN RLY | Old Polythene Bag

Details: Description Invitation To Bid For The Procurement Of Foreign Books For Nlp 1.the National Library Of The Philippines (nlp), Through The Authorized Appropriation For Fy 2025 National Expenditure Program (nep) Intends To Apply The Sum Of One Million Four Hundred Sixty Six Thousand Pesos (php1,466,000.00) Being The Approved Budget Contract (abc) To Payments Under The Contract For Pb24-31 Procurement Of Foreign Books For Nlp (early Procurement Activity (epa) For 2025 . Bidding Will Be Through Line Item Bidding. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Line Item Project Description Abc Cost Of Bidding Docs Bid Opening Venue Procurement Of Foreign Books For Nlp Php1,466,000.00 Php5,000.00 December 12, 2024 ; 1:31 Pm 6th Floor Function Room Nlp Bldg, T.m. Kalaw St. Ermita, Manila 2.the Nlp Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required Within 60 Working Days Upon Receipt Of Purchase Order. Bidders Should Have Completed, Within Two (2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3.bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non- Discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. A. Bidding Is Restricted To Filipino Citizens/sole Proprietorship, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra 5183. 4.prospective Bidders May Obtain Further Information From The Bac Secretariat And Inspect The Bidding Documents Posted At The Philippine Government Electronic Procurement System (philgeps) And In Our Official Website At Http://web.nlp.gov.ph/. 5.a Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 21, 2024 From The Given Address And Website 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 (php5000.00) . The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees Through Email. 6.the Nlp Will Hold An Online Pre-bid Conference On November 29, 2024 At 1:30 Pm Through Videoconferencing Which Shall Be Open To All Prospective Bidders. Sending An Email To Bac@nlp.gov.ph With The Subject: Request To Join The Pre-bid Conference For Public Bidding No. 24-31. 7.bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Provided Below On Or Before 1:30 Pm Of December 12, 2024. Usb Flash Drive Containing The Soft Copy Of The Technical (in Pdf) And Financial (in Word Or Excel) Requirements Must Be Included In The Original Copy Of The Technical Documents. 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 12, 2024, 1:31 Pm At The 6th Floor Function Room, Nlp Building. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10.the Nlp 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. 11.for Further Information, Please Refer To: Maureen C. Terrenal Marie Joy H. Bestoir Eleanor C. Siyang Jonathan Santos Bac Secretariat National Library Of The Philippines Tel. No.: (02) 5314-2100 Loc. 114 / 406 / 412 Email: Bac@nlp.gov.ph Website: Http://web.nlp.gov.ph/ 12.you May Visit The Following Websites: For Downloading Of Bidding Document: Http://web.nlp.gov.ph/nlp/?q=bidsv2 Https://notices.philgeps.gov.ph/ (sgd.) Maricel M. Ureña Bac Chairperson Procurement Of Foreign Books For Nlp 265t/265v Specification: Vol. Procrastination: What It Is, Why It's A Problem, And What You Can Do About It (apa Lifetools Series) Paperback By Fuschia M. Sirois Phd C2022 Apa Lifetools; 1st Edition Isbn 978-1433838064 1 1,850.000 1,850.00 Vol. 21 Visual Thinking Tools For The Classroom \1ed.. By Harbord, Meredith J., 9781032626222, 2025 1 3,378.000 3,378.00 Vol. A Little Guide For Teachers: Student Mental Health By Gandhi, 9781529672404, 2024 1 1,600.000 1,600.00 Vol. A Little Life. By Hanya Yanagihara, 9780804172707, C2021 (reprint) 1 1,400.000 1,400.00 Vol. A Promised Land. By Barack Obama,9781524763169, C2020 1 1,900.000 1,900.00 Vol. A World Without Email: Reimagining Work In An Age Of Communication Overload. By Cal Newport, 9780525536550, C2021 1 1,300.000 1,300.00 Vol. Academic Writing And Grammar For Students 3e. By Osmond, 9781529628210, 2024 1 2,830.000 2,830.00 Vol. Acting : The Basics By Bella Merlin, 3rd Edition, 9781032212074, 2023 1 3,050.000 3,050.00 Vol. Advanced And Struggling Students: An Insider’s Guide For Parents And Teachers To Support Excepti.... Parry Graham, 9781475867183, 2023 1 2,175.000 2,175.00 Vol. Advanced Linear Algebra \2ed.. Loehr, Nichalas A., 9781032765723, 2024 1 10,056.000 10,056.00 Vol. Ai And The Future Of Education - Teaching In The Age Of Artificial Intelligence. Shah, 9781394219247, 2023 1 3,070.000 3,070.00 Vol. Architectural Tools And Equipments.3g E-learning, 9781984678935, 2023 1 6,050.000 6,050.00 Vol. Art Of Intercultural Business Communication, The \1ed. By Du-babcock, Betha, 9780367478513, 2025 1 4,470.000 4,470.00 Vol. Artificial Intelligence : Legal Issues, Policy And Practical Strategies / 2024, 9781639054930 1 12,230.000 12,230.00 Vol. Artificial Intelligence In Architecture. Delcampo, Matias, 9781394191215, 2024 1 3,400.000 3,400.00 Vol. Artist's Step-by-step Guide To Drawing/ Coleman, Vivienne/ Pb/ By Arcturus/ 9781398803848, 2024 1 2,700.000 2,700.00 Vol. Atlas Of The Heart: Mapping Meaningful Connection And The Language Of Human Experience. By Brené Brown,9780399592553, C2021 1 1,600.000 1,600.00 Vol. Autism And Inclusive Education \1ed.. By Lebenhagen, Chandra, 9781032598819, 2025 1 3,499.000 3,499.00 Vol. Basic Knowledge Of Hotel Management. 3g E-learning, 9781984685469, 2024 1 5,790.000 5,790.00 Vol. Basic Statistics For Business And Economics \11ed.. By Lind, Douglas A., 9781266914768, 2024 1 5,116.000 5,116.00 Vol. Basics Of Computer Graphics.3g E-learning, 9781984685797, 2024 1 4,750.000 4,750.00 Vol. Beautiful World, Where Are You. By Sally Rooney,9780374602604, C2021 1 1,400.000 1,400.00 Vol. Bewilderment. By Richard Powers,9780393881141, C2021 1 1,400.000 1,400.00 Vol. Big Book Of Tasks For English Language Development, The. Akhavan, Nancy, 9781071904121, 2024 1 4,154.000 4,154.00 Vol. Big Data Management And Analytics . Gupta Brij B, 9789811257117, 2024 1 8,440.000 8,440.00 Vol. Biology \15ed.. Mader, Sylvia S., 9781266940026, 2025 1 5,618.000 5,618.00 Vol. Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge, And The Teachings Of Plants. By Robin Wall Kimmerer,9781571313560, C2020 1 1,250.000 1,250.00 Vol. Breath: The New Science Of A Lost Art. By James Nestor,9780735213616, C2020 1 1,300.000 1,300.00 Vol. Buildings For People - Responsible Real Estate Development And Planning. Hollander, Justin, 9781119846574, 2023 1 6,620.000 6,620.00 Vol. Bullying Beyond The Schoolyard: Preventing And Responding To Cyberbullying 3e. Hinduja, 9781071916568, 2023 1 4,330.000 4,330.00 Vol. Burns' Pediatric Primary Care \8ed.. Lee Garzon, Dawn, 9780323882316, 2025 1 15,172.000 15,172.00 Vol. Business Analytics/ Camm, Jeffrey , Cengage, 9780357902202, 2023 1 11,938.000 11,938.00 Vol. Business Driven Information Systems \19ed.. Baltzan, Paige, 9781266869013, 2025 1 5,116.000 5,116.00 Vol. Caste: The Origins Of Our Discontents. By Isabel Wilkerson,9780593230251, C2020 1 1,600.000 1,600.00 Vol. Chemistry \15ed.. Chang, Raymond, 9781266817441, 2025 1 5,618.000 5,618.00 Vol. Chess For Beginners / Michael Basman / 45pp / Hb / Dorling Kindersley / 2024 /, 9780241658901, 2024 1 1,850.000 1,850.00 Vol. Child Protection Handbook , The \4ed.. Clawson, Rachael, 9780702079771, 2025 1 4,804.000 4,804.00 Vol. Christian Imaginations Of The Religious Other. Moyaert, Marianne, 9781119545507, 2024 1 4,144.000 4,144.00 Vol. Clinical Nursing Skills & Techniques \11ed.. Perry, Anne G., 9780443113307, 2025 1 3,940.000 3,940.00 Vol. Clinical Reasoning Cases In Nursing 8e. Harding, 9780323831734, 2024 1 7,060.000 7,060.00 Vol. Cloud Cuckoo Land. By Anthony Doerr,9781982168438, C2021 1 1,600.000 1,600.00 Vol. Coaching Students In Higher Education \1ed.. Lim, May Sok Mui, 9781032364698, 2025 1 3,985.000 3,985.00 Vol. Collaborating For Transformative Change In Education \1ed.. Lampert-shepel, Elina, 9781032613574, 2025 1 4,835.000 4,835.00 Vol. Conducting Applied Psych Research 1e. Wilson, 9780335250097, 2024 1 7,000.000 7,000.00 Vol. Conducting Contextual Research \1ed.. Guerin, Bernard, 9781032608181, 2024 1 5,442.000 5,442.00 Vol. Construction Project Manager's Pocket Book \3ed.. Cartlidge, Duncan, 9781032761350, 2025 1 3,256.000 3,256.00 Vol. Consultation Skills \1ed.. Lavallee, 9780335251506, 2024 1 5,996.000 5,996.00 Vol. Contemporary Urban Planning \12ed.. Levy, John M., 9781032270531, 2025 1 9,449.000 9,449.00 Vol. Cool Tech Set 2 By World Book 2024 9780716653875 1 20,000.000 20,000.00 Vol. Cool Tech Set 3 By World Book 2024 9780716654797 1 20,000.000 20,000.00 Vol. Core Concepts In Chemistry: Organic Chemistry (2nd Edition (with Access Code. Perucha, 9781984689221, 2024 1 6,050.000 6,050.00 Vol. Coronavirus Disease 2019 (covid-19: A Clinical Guide. Gholamrezanezha, Ali, 9781119789680, 2023 1 14,220.000 14,220.00 Vol. Counselling Skills And Studies 3e Updated Edition. By Dykes, Sage Publications Ltd 9781529671049, 2024 1 3,920.000 3,920.00 Vol. Countries Of The World / Pb / Dorling Kindersley / 9780241658925 , 2024 1 1,000.000 1,000.00 Vol. Creek's Occupational Therapy And Mental Health: 6ed. By Bryant, Wendy, 9780702077456, 2023 1 7,560.000 7,560.00 Vol. Criminal Psychology In Action \1ed.. Canter, David, 9781032773278, 2025 1 3,742.000 3,742.00 Vol. Critical Participatory Inquiry: An Interdisciplinary Guide. By Call-cummings, 9781071825860, 2023 1 10,470.000 10,470.00 Vol. Critical Thinking . Tom Chatfield, 9781529718522, 2022 1 2,450.000 2,450.00 Vol. Crying In H Mart: A Memoir. By Michelle Zauner,9780525657743, C2021 1 1,400.000 1,400.00 Vol. Cultivating Curiosity: Teaching And Learniong Reimagined. Nelson, 9781119824169, 2021 1 3,910.000 3,910.00 Vol. Current Issues: Artificial Intelligence. By Salvaleda, 9781984689535, 2024 1 6,600.000 6,600.00 Vol. Dare To Lead: Brave Work. Tough Conversations. Whole Hearts. By Brené Brown ,9780399592522 1 1,250.000 1,250.00 Vol. Disaster Readiness And Risk Reduction (4th Edition (with Access Code.3g E-learning, 9781984680464, 2023 1 6,050.000 6,050.00 Vol. Disciplined Entrepreneurship Expanded And Updated: 24 Steps To A Successful Startup. Aulet, 9781394222513, 2024 1 2,970.000 2,970.00 Vol. Doing Digital Methods 2e. By Rogers, Sage Publications Ltd; 9781529764321, 2024 1 5,420.000 5,420.00 Vol. Drinking Water Treatment Vol 2: Chemical And Physical Elimination Of Organic Substances And Particles. By Gaid, 9781786307842, 2023 1 18,020.000 18,020.00 Vol. Dynamics Of Flexible Aircraft. By Palacios, 9781108420600, 2023 1 15,700.000 15,700.00 Vol. Early Childhood Studies: A Student's Guide 2e. By Fitzgerald, 9781529794892, 2024 1 4,060.000 4,060.00 Vol. Effective Management Of Nonprofit Organizations \1ed. By Newman, Melissa, 9781032460871, 2024 1 4,470.000 4,470.00 Vol. Eliminate Negative Thinking: How To Overcome Negativity, Control Your Thoughts, And Stop Overthinking. Shift Your Focus Into Positive Thinking, Self-acceptance, And Radical Self Love Paperback By Derick Howell. Inner Growth Media, C2020. Isbn‎ 978-1647800840 1 3,025.00 3,025.00 Vol. Engineering For Curious Kids/ By Oxlade, Chris/ Hb/ Arcturus/ 9781398811256, 2024 1 3,000.00 3,000.00 Vol. Entangled Life: How Fungi Make Our Worlds, Change Our Minds & Shape Our Futures. By Merlin Sheldrake,9780525510321, C2020 1 1,700.000 1,700.00 Vol. Equipment And Components In The Oil & Gas Industry Vol. 1. Sotoodeh, Karan, 9781032739076, 2024 1 10,663.000 10,663.00 Vol. Essential Skills For Physiotherapists. David, Clancy, 9780443111280, 2024 1 3,748.000 3,748.00 Vol. Essentials Of Athletic Injury Management 12e Ise. Prentice, 9781265236748, 2023 1 7,120.000 7,120.00 Vol. Essentials Of Investments 13e Ise . Bodie, 9781266885389, 2025 1 6,880.000 6,880.00 Vol. Ethical Applied Behavior Analysis Models For Individuals Imp. Peterson, Stephanie, 9780367465919, 2024 1 4,835.000 4,835.00 Vol. Ethical Education: Towards An Ecology Of Human Development. Scherto Gill, 9781108708654, 2024 1 3,700.000 3,700.00 Vol. Explainable Ai (xai For Sustainble Development. Lakshmi, D., 9781032598864, 2024 1 15,886.000 15,886.00 Vol. Explaining Primary Science 3e. Chambers, 9781529618686, 2024 1 4,600.000 4,600.00 Vol. Financial Accounting And Reporting For Non-accounting Students: How To Interpret Financial State.... Frost, 9781398614086, 2024 1 4,310.000 4,310.00 Vol. Financial Statement Analysis: A Data Analytics Approach \1ed. Resutek, Robert, 9781266133077, 2025 1 5,116.000 5,116.00 Vol. Foundations Of Sport And Exercise Psychology Paperback. Weinberg, 9781718207592, 2023 1 17,760.000 17,760.00 Vol. Four Thousand Weeks: Time Management For Mortals. By Oliver Burkeman,9780374159122, C2021 1 1,300.000 1,300.00 Vol. Front Office Management. Cajiao, 9781774697191, 2024 1 5,680.000 5,680.00 Vol. Future Of Governance, The \1ed.. Brownsword, Roger, 9781032831060, 2025 1 4,658.000 4,658.00 Vol. General, Organic & Biological Chemistry \6ed.. Smith, Janice Gorzynski, 9781266838613, 2025 1 5,618.000 5,618.00 Vol. Generative Ai & Chatgpt For Beginners Made Easy 2-books-in-1: Master Artificial Intelligence Fundamentals, Elevate Your Skills, And Unlock Money-making Strategies With Conversational Ai /2024, 9798325168819 1 2,053.000 2,053.00 Vol. Getting Started In Alternative Investments. Dearth, 9781119860280, 2023 1 2,130.000 2,130.00 Vol. Global Audit Leadership \1ed.. Bell, Audley L., 9781032075372, 2025 1 5,563.000 5,563.00 Vol. Greenlights. By Matthew Mcconaughey,9780593139134, C2020 1 1,500.000 1,500.00 Vol. Grit: The Power Of Passion And Perseverance. By Angela Duckworth,9781501111112, C2016 1 1,250.000 1,250.00 Vol. Guinness World Records C2025 1 2,549.000 2,549.00 Vol. Hamnet. By Maggie O'farrell,9780525657606, C2020 1 1,400.000 1,400.00 Vol. Handbook Of Emotion Regulation \3ed.. Gross, James J., 9781462549412, 2024 1 6,340.000 6,340.00 Vol. Handbook Of The Science Of Early Literacy \1ed.. Cabell, Sonia Q., 9781462555024, 2024 1 4,934.500 4,934.50 Vol. Health Psychology: Theory, Research And Practice 7e. Marks, 9781529609899, 2024 1 6,334.500 6,334.50 Vol. Higher Education Research Methodology \2ed.. Daniel, Ben Kei, 9781032753294, 2025 1 3,499.000 3,499.00 Vol. Housekeeping Management. Juyal, 9781774697207, 2024 1 6,551.000 6,551.00 Vol. How Beautiful We Were. By Imbolo Mbue,9780593132425, C2021 1 1,400.000 1,400.00 Vol. How To Avoid A Climate Disaster: The Solutions We Have And The Breakthroughs We Need. By: Bill Gates,9780385546133, C2021 1 1,500.000 1,500.00 Vol. How To Be A Successful Nursing Student: New Notes On Nursing 1ed. Elliott & Chinn, 9780323881791, 2024 1 4,550.000 4,550.00 Vol. How To Sell Anything Online. Sarkar, Anaita, 9781394270811, 2024 1 2,124.000 2,124.00 Vol. If Your Adolescent Has Depression: An Essential Resrouce For Parents. Dwight L. Evans, 9780197636077, 2023 1 1,650.000 1,650.00 Vol. Illustrated Dictionary Of Architecture (2nd Edition. Cingolani, 9781984688361, 2024 1 3,820.000 3,820.00 Vol. Industry 4.0 Interoperability, Analytics, Security, And Case Studies 1e. Edited By G. Rajesh, 9780367501129, 2021 1 21,660.000 21,660.00 Vol. Influencers And Creators: Business, Culture And Practice. Kozinets, 9781529768640, 2023 1 5,190.000 5,190.00 Vol. Inorganic Chemistry: Principles And Properties . Nath, 9789811281761, 2024 1 11,280.000 11,280.00 Vol. Intelligence Analysis: A Target-centric Approach 6e. Clark, 9781544369143, 2020 1 10,430.000 10,430.00 Vol. Interior Design Visual Presentation \6ed.. Mitton, Maureen, 9781394173563, 2024 1 5,112.000 5,112.00 Vol. International Organizations In World Politics 2e. Gutner, 9781544374666, 2024 1 10,470.000 10,470.00 Vol. Introducing Human Geographies \4ed.. Dombroski, Kelly, 9780367211769, 2024 1 6,171.000 6,171.00 Vol. Introduction To Chemistry \6ed.. Bauer, Rich, 9781266878275, 2025 1 5,618.000 5,618.00 Vol. Introduction To Clinical Pharmacology: 11ed. Visovsky, Constance, 9780443113369, 2025 1 11,530.000 11,530.00 Vol. Introduction To Deaf Culture 2e. Holcomb, 9780197503232, 2023 1 7,220.000 7,220.00 Vol. Introduction To Education Studies 6e. Barlettt, 9781529621631, 2024 1 3,920.000 3,920.00 Vol. Introduction To Energy Systems. Dincer, 9781119825760, 2023 1 8,130.000 8,130.00 Vol. Introduction To Physical Education Exercise & Sport \12ed.. Lumpkin,, 9781266914959, 2025 1 5,618.000 5,618.00 Vol. Introduction To Policing 4e. Rowe, 9781529605143, 2024 1 4,740.000 4,740.00 Vol. Introduction To Preaching: Scripture, Theology, And Sermon Preparation. Schade, 9781538138601, 2023 1 4,900.000 4,900.00 Vol. Introduction To Python \1ed.. Baez-lopez, David, 9781032119106, 2024 1 7,308.000 7,308.00 Vol. Introduction To Radiologic Technology \9ed.. Callaway, William J., 9780443117268, 2025 1 11,980.000 11,980.00 Vol. Introduction To Records Management . Manoj Dwivedi, 9781774694909, 2023 1 9,710.000 9,710.00 Vol. Introduction To Visual Effects: A Computational Approach. Madeira, 9781032072302, 2023 1 10,750.000 10,750.00 Vol. Introductory Financial Accounting For Business. Edmonds,, 9781266207839, 2025 1 11,980.000 11,980.00 Vol. Java: A Beginner's Guide \10ed.. Schildt, Herbert, 9781265054632, 2024 1 2,460.000 2,460.00 Vol. Kirk's Basic Surgical Techniques 8e. Myint, Fiona, 9780443113673, 2025 1 6,560.000 6,560.00 Vol. Klara And The Sun. By Kazuo Ishiguro,9780571364886, C2021 1 1,350.000 1,350.00 Vol. Language Disorders From Infancy Through Adolescence: Listening, Speaking, Reading, Writing, And .... Rhea Paul, 9780323830157, 2025 1 18,070.000 18,070.00 Vol. Law Of Public Communication, The \13ed.. Lee, William E., 9781032676388, 2025 1 11,802.000 11,802.00 Vol. Learning About Immigration Law 4e. Scaros, 9780357767542, 2024 1 11,600.000 11,600.00 Vol. Learning And Development: A Practical Introduction 3e. Page-tickell, 9781398605800, 2022 1 2,288.000 2,288.00 Vol. Lenses On Reading An Introduction To Theories & Models \4ed.. Tracey, Diane H., 9781462554669, 2024 1 4,420.000 4,420.00 Vol. Management: A Practical Introduction \11ed.. Kinicki, Angelo, 9781266910159, 2025 1 5,116.000 5,116.00 Vol. Matrix. By Lauren Groff,9781594634499, C2021 1 1,400.000 1,400.00 Vol. Merriam-webster's Dictionary And Thesaurus Newest Edition Merriam-webster C2024 1 1,560.000 1,560.00 Vol. Minimalism: A 12-week Guide To Decluttering Life For Peace, Clarity And Purpose Paperback By Dean Christopher. Independently Published, C2023 Isbn ‎ 979-8864293287 1 3,025.00 3,025.00 Vol. Modern Data Analytics In Excel: Using Power Query, Power Pivot, And More For Enhanced Data Analysis. Mount, 9781098148829, 2024 1 6,920.000 6,920.00 Vol. National Geographic Kids Almanac 2025 1 1,200.000 1,200.00 Vol. Natural Flava: Quick & Easy Plant-based Caribbean Recipes. Mcanuff, 9781526631879, 2022 1 3,410.000 3,410.00 Vol. Neuroscience/ 7th Edition. Sinauer Associates Is An Imprint Of Oxford University Press, 9780197616246, 2023 1 14,750.000 14,750.00 Vol. New Dinosaur Encyclopedia/ Martin, Claudia/ Hb/ Arcturus/ 2024/ 9781398823167. , 9781398823167, 2024 1 3,800.000 3,800.00 Vol. Nietzsche's Political Economy 1e . Safronov, 9783110752298, 2023 1 16,470.000 16,470.00 Vol. No Filter: The Inside Story Of Instagram. By Sarah Frier,9781982126803, C2020 1 1,300.000 1,300.00 Vol. Noise: A Flaw In Human Judgment. By Daniel Kahneman, Olivier Sibony, Cass R. Sunstein,9780316451406, C2021 1 1,800.000 1,800.00 Vol. Nonprofit Management All-in-one For Dummies. Browning, 9781394172436, 2023 1 5,530.000 5,530.00 Vol. On Tyranny: Twenty Lessons From The Twentieth Century (graphic Edition. By Timothy Snyder, Illustrated By Nora Krug,9781984859150, C2021 1 1,500.000 1,500.00 Vol. Operational Excellence In Your Organization \1ed.. Wilkinson, Fraser, 9781032774237, 2024 1 4,228.000 4,228.00 Vol. Organic Chemistry. Hanif, 9781774697757, 2024 1 5,680.000 5,680.00 Vol. People Skills For Behavior Analysts \1ed.. Hall, Carmen, 9781032292236, 2024 1 4,956.000 4,956.00 Vol. Percy Jackson And The Olympians 5 Book Paperback Boxed Set 1 2,500.000 2,500.00 Vol. Philosophical Foundations Of Mixed Methods Research \1ed.. Shan, Yafeng, 9781032226118, 2024 1 4,956.000 4,956.00 Vol. Philosophies, Puzzles And Paradoxes \1ed.. Pawitan, Yudi, 9781032377391, 2024 1 2,892.000 2,892.00 Vol. Physics \1ed.. Walker, James S., 9781292472430, 2025 1 5,380.000 5,380.00 Vol. Planning For The Common Good. Lennon, 9780367726034, 2022 1 5,980.000 5,980.00 Vol. Planning Primary English: How To Design And Teach Brilliant Lessons. Hewett, 9781529620559, 2024 1 3,510.000 3,510.00 Vol. Practical Digital Marketing And Ai Psychology \1ed.. Gabay, Jonathan, 9781032530284, 2025 1 3,985.000 3,985.00 Vol. Practical Ethics In Suicide. Mishara, 9781009414906, 2024 1 6,100.000 6,100.00 Vol. Practical Machine Learning With R \1ed.. Lange, Carsten, 9781032434056, 2024 1 9,449.000 9,449.00 Vol. Principles Of Auditing & Other Assurance Services \23ed.. Whittington, Ray O., 9781266857669, 2024 1 6,172.000 6,172.00 Vol. Priorities In Critical Care Nursing 9th Edition. Linda D. Urden, 9780323809900, 2023 1 14,060.000 14,060.00 Vol. Professional Selling \2ed.. Hunt,, 9781266937736, 2025 1 5,618.000 5,618.00 Vol. Qualitative Research Writing: Credible And Trustworthy Writing From Beginning To End. Salmona, 9781071818107, 2024 1 4,740.000 4,740.00 Vol. Real Estate Finance & Investments 18e Ise. Brueggeman, 9781266928086, 2025 1 7,560.000 7,560.00 Vol. Real Talk About Classroom Management: 57 Best Practices That Work And Show You Believe In Your S.... Pariser, 9781071922552, 2024 1 3,650.000 3,650.00 Vol. Reasons For Logic, Logic For Reasons \1ed.. Hlobil, Ulf, 9781032360768, 2025 1 11,270.000 11,270.00 Vol. Reforesting The Earth: The Human Drivers Of Forest Conservation, Restoration, And Expansion . Rudel, 9780231210690, 2023 1 4,080.000 4,080.00 Vol. Reinforced Concrete Design \1ed.. Bhanja, Santanu, 9781032458892, 2024 1 17,817.000 17,817.00 Vol. Religion In The Classroom: Exploring The Issues. Golden, 9781440872761, 2023 1 6,240.000 6,240.00 Vol. Research Handbook Of Complex Project Organizing. Winch, Graham M., 9781035337354, 2023 1 6,182.000 6,182.00 Vol. Research Methods And Statistics In Psychology 4e. Haslam, 9781529793666, 2024 1 6,510.000 6,510.00 Vol. Research Methods For Sport Management \2ed.. Skinner, James, 9781032501956, 2025 1 6,413.000 6,413.00 Vol. Rethinking Disability And Mathematics \1ed.. Lambert, Rachel, 9781071926031, 2024 1 4,154.000 4,154.00 Vol. Ripley's Believe It Or Not! C2025 1 2,450.000 2,450.00 Vol. Rural Arts Management \1ed.. Kieffer, Elise Lael, 9781032431437, 2025 1 6,052.000 6,052.00 Vol. Safeguarding Social Security For Future Generations: Leaving A Legacy In An Aging Society. Achenbaum, 9781032386348, 2023 1 4,700.000 4,700.00 Vol. Securitizing Marine Protected Areas \1ed.. Desanto, Elizabeth M., 9781032040967, 2025 1 4,956.000 4,956.00 Vol. Seeing Through Statistics \5ed.. Utts, Jessica M., 9780357757505, 2025 1 9,230.000 9,230.00 Vol. Sentencing And Punishment 5e. Easton, 9780192863300, 2023 1 6,780.000 6,780.00 Vol. Service Management And Marketing Principles \1ed.. Kandampully, Jay, 9781032749655, 2024 1 4,498.000 4,498.00 Vol. Shuggie Bain. By Douglas Stuart,9780802148049, C2020 1 1,300.000 1,300.00 Vol. Simplifying Stem [6-12]: Four Equitable Practices To Inspire Meaningful Learning. Jackson, 9781071917060, 2024 1 4,200.000 4,200.00 Vol. Simplifying Stem [prek-5]: Four Equitable Practices To Inspire Meaningful Learning. Jackson, 9781071917053, 2024 1 4,200.000 4,200.00 Vol. Simply Ai: Facts Made Fast / 160pp / Hb / Dorling Kindersley / 2024 / 9780241694176, 2024 1 1,900.000 1,900.00 Vol. Smart City 2.0: Strategies And Innovations For City Development . Oh Deog-seong Et Al, 9789811257179, 2023 1 14,120.000 14,120.00 Vol. Social Media In Legal Practice. Edited By Bhatia, 9780367347727, 2021 1 18,580.000 18,580.00 Vol. Social Media Strategy: A Practical Guide To Social Media Marketing And Customer Engagement . Atherton, 9781398609990, 2023 1 3,510.000 3,510.00 Vol. Social Psychology 3e Ise. Saul Kassin, 9781071942246, 2024 1 15,480.000 15,480.00 Vol. Sociology: A Brief Introduction \15ed.. Schaefer, Richard T., 9781266826177, 2024 1 5,116.000 5,116.00 Vol. Soft Skills For Dummies. Reiman, 9781119906551, 2023 1 2,590.000 2,590.00 Vol. Soft Skills: How To See, Measure And Build The Skills That Make Us Uniquely Human 1e . Moldoveanu, 9783111050591, 2024 1 3,880.000 3,880.00 Vol. Software Project Management \1ed.. Peters, Lawrence J., 9781032430577, 2024 1 5,563.000 5,563.00 Vol. Sport Coach Learning And Professional Development \1ed.. Muir, Bob, 9781032140933, 2024 1 4,349.000 4,349.00 Vol. Strategic Planning For Public And Nonprofit Organizations, 6ed.. Bryson, John M., 9781394274024, 2024 1 6,696.000 6,696.00 Vol. Strength Training For All Body Types 1e. Boyce, 9781718212671, 2023 1 4,850.000 4,850.00 Vol. Succeeding In Your Psychotherapy Practicum & Internship \1ed. Reiter, Michael D., 9781032559902, 2025 1 6,049.000 6,049.00 Vol. Such A Fun Age. By Kiley Reid,9780525541905, C2020 1 1,300.000 1,300.00 Vol. Supporting The Mental Health & Wellbeing Of Learners In Post. Demetriou, Paul, 9781032543369, 2025 1 3,378.000 3,378.00 Vol. Teaching Information Systems. Hwang, Mark I., 9781802205787, 2024 1 15,323.000 15,323.00 Vol. Teaching Literacy Effectively In The Modern Classroom For Ag. Dymock, Sue, 9780367673154, 2025 1 3,135.000 3,135.00 Vol. Teaching Middle School Physical Education \1ed.. Gosset, Michael E., 9781032698366, 2025 1 3,378.000 3,378.00 Vol. Teaching Physical Education To Children With Autism. Mokin, Bill, 9781032569017, 2024 1 3,398.000 3,398.00 Vol. Teaching Public Relations \1ed.. Smudde, Peter M., 9781032805252, 2025 1 5,320.000 5,320.00 Vol. Teaching Reading Across The Day, Grades K-8: Methods And Structures For Engaging Explicit Instru.... Serravallo, 9781071924600, 2024 1 4,200.000 4,200.00 Vol. Teaching Women's History \1ed.. Eckert, Kelsie Brook, 9781032693118, 2024 1 3,378.000 3,378.00 Vol. Teaching Your Kids New Math (k-5 For Dummies . Jamsa, 9781119867098, 2022 1 4,050.000 4,050.00 Vol. Technologies For Children. Fleer, 9781009229593, 2024 1 9,700.000 9,700.00 Vol. Technology For Success: Computer Concepts \2ed.. Campbell, Jennifer, 9780357883235, 2025 1 9,230.000 9,230.00 Vol. The Age Of Ai: And Our Human Future. By Henry A. Kissinger, Eric Schmidt, Daniel Huttenlocher,9780316273800, C2021 1 1,800.000 1,800.00 Vol. The Anthropocene Reviewed: Essays On A Human-centered Planet. By John Green,9780525555216, C2021 1 1,300.000 1,300.00 Vol. The Art Of Machine Learning/ 9781718502109, 2024 1 10,745.000 10,745.00 Vol. The Artificial Intelligence Playbook: Time-saving Tools For Teachers That Make Learning More Eng.... Hargrave, 9781071949634, 2024 1 3,920.000 3,920.00 Vol. The Book Of Form And Emptiness. By Ruth Ozeki,9780399563645, C2021 1 1,600.000 1,600.00 Vol. The Boy, The Mole, The Fox And The Horse. By Charlie Mackesy,9780062976581, C2020 1 1,300.000 1,300.00 Vol. The City We Became. By N.k. Jemisin,9780316509848, C2020 1 1,500.000 1,500.00 Vol. The Code Breaker: Jennifer Doudna, Gene Editing, And The Future Of The Human Race. By Walter Isaacson,9781982115852, C2021 1 1,800.000 1,800.00 Vol. The Comfort Book. By Matt Haig,9781786898296, C2021 1 1,150.000 1,150.00 Vol. The Dawn Of Everything: A New History Of Humanity. By David Graeber, David Wengrow,9780374157357, C2021 1 1,900.000 1,900.00 Vol. The Fairchild Books Dictionary Of Textiles: Bundle Book + Studio Access Card. Sarkar, 9781501365133, 2023 1 10,750.000 10,750.00 Vol. The Future We Choose: Surviving The Climate Crisis. By Christiana Figueres, Tom Rivett-carnac,9780525658351, C2020 1 1,350.000 1,350.00 Vol. The Guncle. By Steven Rowley, 9780525542285, C2021 1 1,300.000 1,300.00 Vol. The Hill We Climb: An Inaugural Poem For The Country. By Amanda Gorman,9780593465271, C2021 1 1,000.000 1,000.00 Vol. The House In The Cerulean Sea. By Tj Klune,9781250217288, C2020 1 1,250.000 1,250.00 Vol. The Invisible Life Of Addie Larue. By V.e. Schwab,9780765387561, C2020 1 1,600.000 1,600.00 Vol. The Last House On Needless Street. By Catriona Ward,9781250812629, C2021 1 1,250.000 1,250.00 Vol. The Light We Carry: Overcoming In Uncertain Times. By Michelle Obama,9780593237465, C2022 1 1,600.000 1,600.00 Vol. The Lincoln Highway. By Amor Towles,9780735222359, C2021 1 1,600.000 1,600.00 Vol. The Love Songs Of W.e.b. Du Bois. By Honorée Fanonne Jeffers,9780062942937, C2021 1 1,700.000 1,700.00 Vol. The Man Who Died Twice (thursday Murder Club 2. By Richard Osman, 9780241425428, C2021 1 1,250.000 1,250.00 Vol. The Manual On Barbering, Hairdressing, Manicuring, Facial Massage . -, 9781015893399, 2022 1 3,730.000 3,730.00 Vol. The Midnight Library. By Matt Haig,9781786892737, C2020 1 1,200.000 1,200.00 Vol. The Ministry For The Future. By Kim Stanley Robinson,9780316300148, C2020 1 1,600.000 1,600.00 Vol. The Nervous System: Systems Of The Body Series 3ed. Adina Michael-titus, 9780702083402, 2023 1 5,770.000 5,770.00 Vol. The Night Watchman. By Louise Erdrich,9780062671189, C2020 1 1,350.000 1,350.00 Vol. The Paper Palace. By Miranda Cowley Heller,9780593329825, C2021 1 1,350.000 1,350.00 Vol. The Paris Library. By Janet Skeslien Charles,9781982134198, C2021 1 1,250.000 1,250.00 Vol. The Power Of Regret: How Looking Backward Moves Us Forward. By Daniel H. Pink,9780735210653, C2022 1 1,350.000 1,350.00 Vol. The Premonition: A Pandemic Story. By Michael Lewis,9780393881554, C2021 1 1,700.000 1,700.00 Vol. The Prophets. By Robert Jones Jr.,9780593085684, C2021 1 1,500.000 1,500.00 Vol. The Psychology Of Money: Timeless Lessons On Wealth, Greed, And Happiness. By Morgan Housel,9780857197689, C2020 1 1,250.000 1,250.00 Vol. The Sage Handbook Of Mixed Methods Research Design. Poth, 9781529723960, 2023 1 18,520.000 18,520.00 Vol. The Science Museum 100 Biology Ideas In 100 Words / Eva Amsen / 192pp / Hb / Dorling Kindersley / 2024 / 9780241659625, 2024 1 2,400.000 2,400.00 Vol. The Sentence. By Louise Erdrich,9780062671127, C2021 1 1,350.000 1,350.00 Vol. The Sports Book / 456pp / Hb / Dorling Kindersley / 2024 / 9780241656945, 2024 1 3,850.000 3,850.00 Vol. The Story Of Southeast Asia / Thompson, Eric, 9789813252349, 2024 1 4,850.000 4,850.00 Vol. The Sum Of Us: What Racism Costs Everyone And How We Can Prosper Together. By Heather Mcghee,9780525509561, C2021 1 1,700.000 1,700.00 Vol. The Vanishing Half. By Brit Bennett,9780525536291, C2020 1 1,400.000 1,400.00 Vol. The Washington Manual Of Surgery 9e. Wise, 9781975201258, 2024 1 8,630.000 8,630.00 Vol. The Weirdest People In The World: How The West Became Psychologically Peculiar And Particularly Prosperous. By Joseph Henrich,9780374173227, C2020 1 1,700.000 1,700.00 Vol. The World Almanac And Book Of Facts 2025 1 2,530.000 2,530.00 Vol. Thermodynamics Fundamentals And Applications \1ed.. Uddin, Naseem, 9781032729381, 2025 1 15,374.000 15,374.00 Vol. Think Again: The Power Of Knowing What You Don't Know. By Adam Grant,9781984878106, C2021 1 1,350.000 1,350.00 Vol. Under A White Sky: The Nature Of The Future. By Elizabeth Kolbert,9780593136270, C2021 1 1,600.000 1,600.00 Vol. Understanding Business \14ed.. Nickels,, 9781266813016, 2024 1 5,116.000 5,116.00 Vol. Understanding Comparative Politics: An Inclusive Approach 1e Ise. Baglione, 9781071942291, 2024 1 14,290.000 14,290.00 Vol. Understanding Intellectual And Developmental Disabilities. Iarocci, 9781446296462, 2024 1 5,560.000 5,560.00 Vol. Understanding Intellectual Disabilities \3ed.. Richards, Stephen B., 9781032369037, 2024 1 8,598.000 8,598.00 Vol. Understanding International Politics: The Student Toolkit. Megan Dee, 9781350381650, 2024 1 4,880.000 4,880.00 Vol. Understanding Naval Warfare 3e . Speller, 9781032223339, 2024 1 5,990.000 5,990.00 Vol. Unsteady Aerodynamics: Potential And Vortex Methods. Seabridge, Allan, 9781119762478, 2024 1 12,420.000 12,420.00 Vol. Untamed. By Glennon Doyle,9781984801258, C2020 1 1,350.000 1,350.00 Vol. Victimology \10ed.. Doerner, William G., 9781032488899, 2025 1 9,206.000 9,206.00 Vol. Web Development : Full Stack, 1st Edition, Cengage,9780357673850,2024 1 14,442.000 14,442.00 Vol. Web Scraping With Python: Data Extraction From The Modern Web . Mitchell, Ryan, 9781098145354, 2024 1 7,650.000 7,650.00 Vol. Wireless Communication Technologies \1ed.. Sharma, Vandana, 9781032481647, 2024 1 15,278.000 15,278.00 Vol. Writing Skills For Behavior Analysts \1ed.. Reinecke, Dana, 9781032732848, 2025 1 3,742.000 3,742.00 Mode Of Procurement: Public Bidding Delivery Term: Within 60 Working Days From The Receipt Of Purchase Order One Million Four Hundred Sixty Six Thousand Pesos 265 Titles/265 Vols. Total 1,466,000.00

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Catering Services For Activation Of Incident Command System 1. The Local Government Unit Of Irosin, Through The Ldrrmf 2024 Intends To Apply The Sum Of Four Hundred Ninety Thousand Five Hundred Sixty Pesos (p 490,560.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Catering Services For Activation Of Incident Command System, Good-44-2024. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Catering Services For Activation Of Incident Command System Brief Description: Day 1: 1 Am Snack/1 Lunch/1pm Snacks/ 1 Dinner, Day 2: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 3: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 4: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 5: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 6: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner For 146 Pax Approved Budget For The Contract : P 490,560.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Ldrrmf 2024 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Priveleges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On November 26-december 3, 2024 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Hundred Pesos (p 500.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Not Hold A Pre-bid Conference. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before December 3, 2024, 8:59 Am At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On December 3, 2024, 9:00 Am At The Given Address Below Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 10. The Local Government Unit Of Irosin Reserves The Right To Accept Any And All Bids, Declare A Failure Of Bidding Or Not Award A Contract At Any Time Prior To Contract Award In Accordance With Section 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations(irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11.for Further Information, Please Refer To: Fritzie Riva L. Michelena Mdrrmo Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Issue: November 26, 2024 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Catering Services For Activation Of Incident Command System, With Project Identification Number Good-44-2024. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Nutribun, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding Ldrrmf 2024 As Indicated Below For In The Amount Of Four Hundred Ninety Thousand Five Hundred Sixty Pesos (p 490,560.00). 2.2. The Source Of Funding Is: Ldrrmf 2024 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Expandable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Not Hold A Pre-bid Conference For This Project. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A.catering Services For Activation Of Incident Command System Brief Description: Day 1: 1 Am Snack/1 Lunch/1pm Snacks/ 1 Dinner, Day 2: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 3: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 4: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 5: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 6: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner For 146 Pax B. Completed Within The Last Two(2) Years From The Date Of The Submission Of Bids 7.1 Not Applicable Since Sub-contracting Is Not Allowed. 12 The Price Of Goods Shall Be Quoted Ddp Lgu-irosin, Irosin, Sorsogon. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. [two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. [five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 Catering Services Day 1: 1 Am Snack/1 Lunch/1pm Snacks/ 1 Dinner, Day 2: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 3: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 4: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 5: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner, Day 6: 1 Am Snack/1 Lunch/1 Pm Snacks/1 Dinner For 146 Pax 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Not Applicable. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Not Applicable Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Applicable Provided That Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Meals Served If It Follows The Menu Set By The End-user Units. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement Stamped, Received By The Bir Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing The Total Assets And Liabilities Which Should Not Be Earlier Than Two(2) Years From The Date Of Bid Submission Class “b” Documents ⬜ (i) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (k) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (l) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (m) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2024 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sugn Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Lorenzo G. Ubalde Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor Technical Specifications Item No. Item Statement Of Compliance (comply/not Comply) Prepared By: ______________ Proprietor

Details: (please See Latest Baa Announcement Within, Posted02april 2020) this Is A Modification To The Broad Agency Announcement (baa) N00024-19-r-4145 To Extend The Date For Receipt Of White Papers And Full Proposals To 6 February 2028 And Correct Some Administrative Information. Any White Papers That Have Already Been Submitted Do Not Need To Be Resubmitted. Included In This Modification To The Baa Is Revision To The Power Controls Section To Augment The Desired Technology Interests. Included In This Modification To The Baa Is The Identification Of An Electronic Mail Submission Address For White Papers. Included In This Modification To The Baa Is Also A Change To The Identified Procuring Contracting Officer And Contract Specialist. The Navsea 0241 Points Of Contact (poc) Are Changed As Follows: The Primary Point Of Contact Remains Ms. Sakeena Siddiqi, Procuring Contracting Officer, Sakeena.s.siddiqi.civ@us.navy.mil And Secondary Point Of Contact Shall Be Mr. Tyler Pacak, Tyler.pacak@navy.mil. all Other Information Contained In The Prior Announcements Through Apr 02, 2020 Remain Unchanged. (please See Latest Baa Announcement Within, Posted 04 June 2019) i. Administrative Information this Publication Constitutes A Broad Agency Announcement (baa), As Contemplated In Federal Acquisition Regulation (far) 6.102(d)(2). A Formal Request For Proposals (rfp), Solicitation, And/or Additional Information Regarding This Announcement Will Not Be Issued Or Further Announced. This Announcement Will Remain Open For Approximately One Year From The Date Of Publication Or Until Extended Or Replaced By A Successor Baa. Initial Responses To This Announcement Must Be In The Form Of White Papers. Proposals Shall Be Requested Only From Those Offerors Selected As A Result Of The Scientific Review Of The White Papers Made In Accordance With The Evaluation Criteria Specified Herein. White Papers May Be Submitted Any Time During This Period. Awards May Take The Form Of Contracts, Cooperative Agreements, Or Other Transactions Agreements. the Naval Sea Systems Command (navsea) Will Not Issue Paper Copies Of This Announcement. Navsea Reserves The Right To Select For Proposal Submission All, Some, Or None From Among The White Papers Submitted In Response To This Announcement. For Those Who Are Requested To Submit Proposals, Navsea Reserves The Right To Award All, Some, Or None Of The Proposals Received Under This Baa. Navsea Provides No Funding For Direct Reimbursement Of White Paper Or Proposal Development Costs. Technical And Cost Proposals (or Any Other Material) Submitted In Response To This Baa Will Not Be Returned. It Is The Policy Of Navsea To Treat All White Papers And Proposals As Competition Sensitive Information And To Disclose Their Contents Only For The Purposes Of Evaluation. white Papers Submitted Under N00024-10-r-4215 That Have Not Resulted In A Request For A Proposal Are Hereby Considered Closed-out And No Further Action Will Be Taken On Them. Unsuccessful Offerors Under N00024-10-r- 4215 Are Encouraged To Review This Baa For Relevance And Resubmit If The Technology Proposed Meets The Criteria Below. Contract Awards Made Under N00024-10-r-4215 And Under This Baa Will Be Announced Following The Announcement Criteria Set Forth In The Far. ii. General Information 1. Agency Name naval Sea Systems Command (navsea) 1333 Isaac Hull Ave Se washington, Dc 20376 2. Research Opportunity Title research And Development Of Naval Power And Energy Systems 3. Response Date this Announcement Will Remain Open Through The Response Date Indicated Or Until Extended Or Replaced By A Successor Baa. White Papers May Be Submitted Any Time During This Period. 4. Research Opportunity Description 4.1 Summary navsea, On Behalf Of The Electric Ships Office (pms 460, Organizationally A Part Of The Program Executive Office Ships) Is Interested In White Papers For Long And Short Term Research And Development (r&d) Projects That Offer Potential For Advancement And Improvements In Current And Future Shipboard Electric Power And Energy Systems At The Major Component, Subsystem And System Level. The Mission Of Pms 460 Is To Develop And Provide Smaller, Simpler, More Affordable, And More Capable Ship Power Systems To The Navy By Defining Open Architectures, Developing Common Components, And Focusing Navy, Industry, And Academia Investments. Pms 460 Will Provide Leadership Of The Developments Identified As Part Of This Baa, Will Direct The Transition Of Associated Technologies Developed By The Office Of Naval Research (onr), And Will Manage The Technology Portfolio Represented By Program Element (pe) 0603573n (advanced Surface Machinery Systems) For Transition Into Existing And Future Navy Ships. 4.2 Naval Power And Energy Systems Technology Development Roadmap naval Power And Energy Systems Are Described In Detail In The 2019 Naval Power And Energy Systems Technology Development Roadmap (npes Tdr). The Npes Tdr Focuses And Aligns The Power System Investments For The Navy, Defense Department, Industry And Academia To Guide Future Research And Development Investments To Enable The Navy To Leverage These Investments To Meet Its Future Needs More Affordably. Included In The Npes Tdr Are Specific Recommendations And Opportunities For Near, Mid And Long Term Investments, With A Renewed Focus On Energy Management. These Opportunities Range From An Energy Magazine To Support Advanced Weapons And Sensors To The Development Of An Integrated Power And Energy System (ipes). The Npes Tdr Aligns Electric Power System Developments With War Fighter Needs And Enables Capability-based Budgeting. The Npes Tdr Is Responding To The Emerging Needs Of The Navy, And While The Plan Is Specific In Its Recommendations, It Is Inherently Flexible Enough To Adapt To The Changing Requirements And Threats That May Influence The 30-year Ship Acquisition Plan. The First Section Of The Roadmap Establishes Why Npes Are A Critical Part Of The Kill Chain Based On The Capabilities Desired By The Navy In The Near Term, As Well As Supporting Future Platforms In The Navys 30-year Shipbuilding Plan. The Second Section Of The Roadmap Presents Power And Energy Requirements That Are Derived From Mission Systems Necessary To Support Future Warfighting Needs. The Third Section Describes Required Initiatives Based On Capabilities And The Projected Electrical Requirements Of The Future Ships. 4.3 Focus Areas the Areas Of Focus For This Baa Include, But Are Not Limited To, The "fydp/near-term" Activities As Described Throughout The Npes Tdr; The Analysis, Development, Risk Reduction And Demonstration Of Future Shipboard (both Manned And Unmanned) Electric Power Systems And Components, Emphasizing Shipboard Power Generation, Electric Propulsion, Power Conversion, Energy Storage, Distribution And Control; Power Quality, Continuity, And System Stability; Electric Power System And Component Level Modeling And Simulation; Energy Storage Technologies; Electrical System Survivability; And Power System Simplicity, Upgradeability, Flexibility, And Ruggedness. The Integrated Power And Energy System (ipes) Architecture Provides The Framework For Partitioning The Equipment And Software Into Modules And Defines Functional Elements And The Power/control And Information Relationships Between Them. For Power Generation, High Power Distribution, Propulsion, And Large Loads, The Architecture Includes Medium Voltage Ac Power (with Emphasis On Affordability), And Medium Voltage Dc Power (with Emphasis On Power Density And Fault Management). For Ship Service Electrical Loads, The Architecture Includes Zonal Electrical Distribution Which May Be Either Ac Or Dc, Depending Upon The Specific Application. Also Of Particular Interest Are Technologies That Result In Significant Energy Efficiency, Power Density Improvements And/or Carbon Footprint Improvements Over Existing Propulsion And Power System Technologies. The Npes Tdr Partitions The Power System In To Functional Areas That Include The Following. 4.3.1 Energy Storage energy Storage Modules May Support Short Duration To Long Duration Energy Storage Applications, Which Utilize A Combination Of Technologies To Minimize Power Quality And Continuity Impacts Across The System. For The Short Duration Energy Storage Applications, The Module Should Provide Hold-up Power To Uninterruptible Loads For Fault Clearing And Transient Isolation, As Well As Load Leveling For Pulse Power Loads. For The Mid Duration, The Module Should Provide Up To Approximately 3mw (100 - 150 Kw-hr) Of Standby Power For Pulse Power Loads While Also Providing Continuity Of Operations For A Subset Of Equipment Between Uninterruptible And Full Ships Load (including Emergency Power Generation Starting In A Dark Ship Condition). For Long Duration Applications, Energy Storage Modules Should Provide The Required Power As An Emergency Backup System Or To Provide Increased Stealth For Specialty Equipment. The Required Duration For This Type Of Application May Extend Up To Days Or Longer, And May Be Intermittent Or Continuous. A Number Of Energy Storage Technologies For Future Ship Applications Are Of Interest To The Navy, Including Various Electrochemical, Capacitor-based, Or Rotating Discussed Below: a. Capacitor: Electrochemical Capacitor Improvements Continue To Focus On Improving Energy Density While Maintaining Inherently High-power Density. Design Improvements Include Development And Integration Of Higher Temperature Films, Advanced Electrolytes, Advanced Electrode Materials, And Minimizing Equivalent Series Resistance (esr). b. Rotating: The Navy Has Interest In The Investment From The Transportation Industry In Flywheel Systems That Can Handle Gyroscopic Forces Continues To Support Flywheel Usage In Commercial Rail And Ground Transportation. Additional Factors Of Interest To The Navy Include Safety, Recharge/discharge Rates, Ship Motion Impacts, Environmental Impacts And Control. c. Electrochemical: Factors Of Interest To The Navy With Respect To Electrochemical Energy Storage Include The Ability To Maintain State Of Charge When Not In Use; Change In Voltage Versus State Of Charge; Charge And Discharge Capability; The Temporary Or Permanent Loss Of Capacity Due To Repeated Shallow Discharges; The Ability To Shallow Charge And Discharge Or Partially Charge Intermittently During A Discharge; Battery Life Considerations Such As Service-life, Cycle Life, And Shelf-life; Off-gas Properties That Affect The Level Of Ventilation And Associated Auxiliary Systems; And Safety Enhancements To Support Qualification For Use Onboard Us Navy Ships. near Term Navy Interests Are In The Area Of Common And Scalable Hardware And Software Elements Which Enable Advanced Weapons And Sensors And In Understanding The Sizing Algorithms For How To Optimize Energy Storage Sizing Against Various Competing System Requirements (short Duration/high Power Vs. Long Duration/low Power, For Example. The Specific Design Issues To Be Considered Include Reliability, Volumetric And Gravimetric Power And Energy Densities, Differentiating Between High Levels Of Stored Energy And High Energy Density. The Relevant Information Required For Characterizing Technology Performance Include: Technology Readiness Level (trl) Of Components And Systems; Production Capability; Safety Evaluation And Qualifications Performed On Relevant Subsystems Or Components (any Hazard Analyses Of Systems Designs As Relevant To Notional Applications); Other Military Application Of The Devices; Energy Storage Management System Approach; Thermal Characteristics, Constraints, And Cooling Requirements; Auxiliary Requirements (load); Device Impedance (heat Generation Characteristics); And Device Efficiency (discharge/recharge). 4.3.2 Power Conversion industry Continues To Drive Towards Increased Power Density, Increased Efficiency, Higher Switching Frequencies, And Refined Topologies With Associated Control Schemes. Innovation In Power Conversion From The Development And Implementation Of Wide-bandgap Devices, Such As Silicon Carbide (sic), Promise Reduction In Losses Many Times Over Silicon. The Use Of High Frequency Transformers Can Provide Galvanic Isolation With Reduced Size And Weight Compared To Traditional Transformers. Advances In Cooling Methods Will Be Required To Handle Larger Heat Loads Associated With Higher Power Operation. a Typical Navy Power Conversion Module Might Consist Of A Solid State Power Converter And/or A Transformer. Advanced Topologies And Technologies, Such As The Application Of Wide Band Gap Devices, Are Of Particular Interest. Navy Interests Are In The Area Of Innovative Approaches To Address Converting High Voltage Ac/dc To 1000 Vdc With Power Levels On The Order Of 3mw Or Larger. The Specific Design Issues To Be Considered Include Modularity, Open Architecture (focusing On Future Power System Flexibility And The Ability Of A Conversion Module Within A Ships Power System To Be Replaced/ Upgraded In Support Of Lifecycle Mission System Upgrades), Reliability, Cost, And Conversion Efficiency. Areas Of Interest Include More Power-dense Converters Supporting Advanced Mission Systems And Prototyping Of Full Scale Conversion Based On Second Generation Wide-bandgap Devices. 4.3.3 Power Distribution power Distribution Typically Consists Of Bus Duct/ Bus Pipe, Cables, Connections, Switchgear And Fault Protection Equipment, Load Centers, And Other Hardware Necessary To Deliver Power From Generators To Loads. Industry Has Used Medium Voltage Dc (mvdc) Transmission As A Method To Reduce Losses Across Long Distances. Complementarily, Industry Is Developing Mvdc Circuit Protection For Use In Mvdc Transmission Variants Of Approximately 50, 100, And 150 Megawatts (mw) At Transmission Voltages Of 20 To 50 Kvdc. Analysis Includes Modeling And Simulation To Determine Methods For Assessing The Benefits Of Dc Vs Ac Undersea Transmission And Distribution Systems For Offshore Oil And Gas. Industry And Academia Continue To Invest Resources In Advanced Conductors That Have Applications In Power Distribution, Power Generation, And Propulsion. Research Is Focused On Using Carbon Nanotubes. The Development Of A Room Temperature, Lightweight, Low Resistance Conductor Is Of Great Interest To The Navy. areas Of Interest Include Development Of An Mvdc Distribution System Up To 12 Kvdc To Meet Maximum Load Demands; Design Of An Appropriate In-zone Distribution System Architecture; Development Of High Speed 1 Kvdc And 12 Kvdc Solid State Circuit Protection Devices That Are Ship Ready, And Advanced Conductors Capable Of Supporting Power Distribution. 4.3.4 Prime Movers (including Power Generation) power Generation Converts Fuel Into Electrical Power. A Typical Power Generation Module Might Consist Of A Gas Turbine Or Diesel Engine (prime Mover), A Generator (see Rotating Machine Discussion Below), A Rectifier (either Active Or Passive), Auxiliary Support Sub-modules And Module Controls. Other Possible Power Generation Technologies Include Propulsion Derived Ship Service (pdss), Fuel Cells, Or Other Direct Energy Conversion Concepts. Power Generation Concepts Include 60 Hz Wound Rotor Synchronous Generator Driven Directly By A Marine Gas Turbine (up To 30 Mva Rating); Commercially Derived Or Militarized Design Variants Of The Above; And Higher Speed, Higher Frequency, High Power Density Variants Of The Above With High Speed Or Geared Turbine Drive. Npes Dc Technologies Permit Prime Movers And Other Electrical Sources (such As Energy Storage) To Operate At Different, Non-60hz Electrical Frequency Speeds, Improving Survivability, Resiliency, And Operational Availability. Energy Storage That Is Fully Integrated With The Power Generation Can Enable Uninterrupted Power To High Priority Loads, Mission Systems That Reduce Susceptibility, And Damage Control Systems To Enable Enhanced Recoverability. the Specific Design Issues To Be Considered Include Fuel Efficiency, Module Level Power Density, Machine Insulation System Characteristics, Size, Weight, Cost, Maintainability, Availability, Harmonic Loading, Voltage, Power, System Grounding Approaches, Fault Protection, Response To Large Dynamic (step) Or Pulse Type Loading Originated From Ship Propulsion Or Directed Energy/electromagnetic Weapons, Interface To Main Or Ship Service Bus, Autonomy, Limited Maintenance, And Commercial Availability. Navy Interests Are In The Area Of Innovative Approaches To Power Generation In The 5 To 30 Mw Range, Utilizing Gas Turbines, Diesel Engines And Other Emerging Power Technologies That Address Challenges Associated With Achieving Reduced Fuel Consumption, Decreased Life Cycle And Acquisition Cost, Support Of Ship Integration, Enable Flexibility, Enable Power Upgrades, And Improved Environmental Compliance. Near Term Navy Interest Includes 10-30 Mw (nominally 25 Mw) Output Power Rating And The Power Generation Source Able To Supply Two Independent Electrical Buses (where Abnormal Conditions, Including Pulsed/stochastic Loads, On One Bus Do Not Impact The Other Bus) At 12 Kvdc (while Also Considering 6kvdc, 18kvdc, And 1 Kvdc). Enhanced Fuel Injection, Higher Operating Temperatures And Pressures, And Optimized Thermal Management Are Critical For Future Prime Movers. Advanced Controls For Increased Efficiency, Reduced Maintenance, And Increased Reliability Include Implementation Of Digital Controls; Autonomous And Unmanned Power Control; Enhanced Engine Monitoring, Diagnostics, And Prognostics; And Distributed Controls. Advanced Designs For Increased Efficiency Include New Applications Of Thermodynamic Cycles Such As Humphrey/atkinson Cycle For Gas Turbines And Diesels And Miller Cycle For Diesel. the Navy Is Interested In Developing A Knowledge Bank Of Information On Potential Generator Sets, Generator Electrical Interface Requirements, And The Impacts Of Those Requirements On Generator Set Performance And Size, As A Logical Next Step From The Request For Information Released Under Announcement N00024-16-r-4205. A Long-term Goal For This Effort Is To Maximize Military Effectiveness Through Design Choice And Configuration Option Flexibility When Developing Next-generation Distribution Plants. The Power Generation Source Should Fit Within The Length Of A Typical Engine Room (46 Feet, Including Allowances For Any Needed Maintenance And Component Removal). The Power Generation Source Is Expected To Have The Ability To: Control Steady-state Voltage-current Characteristic For Its Interface; To Maintain Stability; And To Adjust Control Set-points From System Level Controllers. For Any Proposed Design Approach, Initial Efforts Would Include Conceptual Design Trade Studies That Inform The Performance Level That Can Be Achieved. Trade Studies May Address Pulsed Load Capability (generator/rectifier Design To Increase Pulse Load Capability, Engine Speed Variation Limits, And Impact Of Cyclic Pulse Load On Component Life); Power Density (cost Vs. Benefits Of High Speed Or High Frequency, Mounting On Common Skid, And Advanced Cooling Concepts); Single Vs. Dual Outputs (continuous Vs. Pulse Rating For Each Output, Voltage Regulation With Shared Field, And Control Of Load Sharing); Efficiency (part Load Vs. Full Load Optimization, Flexible Speed Regulation, Impact Of Intake And Exhaust Duct Size/pressure Drop On Engine Efficiency); Power Quality (voltage Transient, Voltage Modulation For Step, Pulse Loads, Impact Of Voltage And Current Ripple Requirements, And Common Mode Current); Pgm Controls (prime Mover Speed Vs. Generator Field Vs. Rectifier Active Phase Angle Control, And Pulse Anticipation); Stability When Operating In Parallel With Other Sources; Short Circuit Requirements; And Dark Ship Start Capability (self-contained Support Auxiliaries). Trade Studies May Also Address How Rotational Energy Storage Can Be Built Into The Design Of The Generator Or Added To The Generator And What Parameters Need To Be Defined In Order To Exploit This Capability. Development Of Advanced Coatings And Materials That Support High Temperature Operations Of A Gas Turbine Is Also Of Interest. Energy Harvesting To Convert Heat Energy And Specifically Low Quality Heat Energy To Electricity Using Solid State Components Is Also Of Interest To The Navy. 4.3.5 Rotating Machines (including Generators And Propulsion Motors) recent Trends In Electrical Machines Include Neural Networks; Artificial Intelligence; Expert System; Fiber Communications And Integrated Electronics; New Ceramic Conducting And Dielectric Materials; And Magnetic Levitation. High Temperature Superconducting Rotors Have Higher Power Density Than Their Induction And Synchronous Rotor Counterparts. Wind Power Generators Eliminate Excitation Losses Which Can Account For 30% Of Total Generator Losses. The Offshore Wind Power Industry Is Moving To Larger Power Wind Tower Generators In The 10mw Class. Advanced Low Resistance Room Temperature Wire And Hts Shows Promise For These Higher Power Levels Because Of Low Excitation Losses And Low Weight Due To Reduction In Stator And Rotor Iron. Hts Motors May Be Up To 50% Smaller And Lighter Than Traditional Iron-core And Copper Machines. They Have Reduced Harmonic Vibrations Due To Minimization Of Flux Path Iron And Have Mitigated Thermal Cycling Failures Due To Precision Control Of Temperature. propulsion Motor Concepts Of Interest To The Navy Include Permanent Magnet Motors (radial Air Gap, Axial Air Gap, Or Transverse Flux), Induction Motors (wound Rotor Or Squirrel Cage), Superconducting Field Type (homopolar Dc Or Synchronous Ac). The Drivers And Issues Associated With These Designs Include Acoustic Signature, Noise (requirements, Limitations, Modeling, Sources, And Mitigation Methods), Shock, Vibration, Thermal Management, Manufacturing Infrastructure, Machine Insulation System Characteristics, Commercial Commonality, Platform Commonality, Cost, Torque, Power, Weight, Diameter, Length, Voltage, Motor Configuration, And Ship Arrangements Constraints. Motor Drives That May Be Explored Include Cyclo-converter (with Variations In Control And Power Device Types), Pulse Width Modulated Converter/inverter (with Many Variations In Topology), Switching (hard Switched, Soft Switched), And Matrix Converter (with Variations In Control, Topology, Cooling, Power Device Type). Technologies For Drives And Rotating Machines Which Allow The Ability To Operate As A Motor And A Generator To Facilitate A Pdss Installation Or On A Fully Integrated Power System To Leverage The Inherent Energy Storage In The Ship's Motion May Be Explored. Integrated Motor/propulsor Concepts May Be Considered Either As Aft-mounted Main Propulsion Or As A Forward Propulsor Capable Of Propelling A Ship At A Tactically Useful Speed. Areas Of Interest For Future Rotating Machines Include Increased Magnetic Material Flux Carrying Or Flux Generation Capacity; Improved Electrical Insulation Material And Insulation System Dielectric Strength; Increased Mechanical Strength, Increased Thermal Conductivity, And Reduced Sensitivity To Temperature; Improved Structural Materials And Design Concepts That Accept Higher Torsional And Electromagnetically Induced Stress; Innovative And Aggressive Cooling To Allow Improved Thermal Management And Increased Current Loading; Increased Electrical Conductor Current Carrying Capacity And Loss Reduction. 4.3.6 Cooling And Thermal Management as The Demand And Complexity Of High Energy Loads Increases, So Does The Demand And Complexity Of Thermal Management Solutions. Assessing And Optimizing The Effectiveness Of A Thermal Management System Requires The Analysis Of Thermal Energy Acquisition, Thermal Energy Transport, And Thermal Energy Rejection, Storage, And Conversion. The Design Of The Thermal Management System Aims To Transfer The Thermal Energy Loads At The Sources To The Sinks In The Most Efficient Manner. areas Of Interest To The Navy With Respect To Cooling And Thermal Management Include The Application Of Two Phased Cooling And Other Advanced Cooling Techniques To Power Electronics And Other Npes Components And Innovative Approaches To Manage Overall Ship Thermal Management Issues Including Advanced Thermal Architectures, Thermal Energy Storage Systems, Increases In Efficiency, And Advanced Control Philosophies. 4.3.7 Power Controls controls Manage Power And Energy Flow Within The Ship To Ensure Delivery To The Right Load In The Right Form At The Right Time. Supervisory Power System Control Typically Resides On An External Distributed Computer System And Therefore Does Not Include Hardware Elements Unless Specialized Hardware Is Required. The Challenge To Implement Tactical Energy Management (tem) Is To Integrate Energy Storage, Power Generation, And Interfaces With Advanced Warfighting Systems And Controls. Tem Is Critical To Enabling Full Utilization Of The Capabilities Possible From Technologies Under Development. The State Complexity And Combat Engagement Timelines For Notional Future Warfighting Scenarios Are Expected To Exceed The Cognitive Capacity And Response Times Of Human Operators To Effectively Manage The Electric Plant Via Existing Control System Schema In Support Of Executing Ship Missions. The Survivability Requirements For Military Ships Combined With The Higher Dynamic Power Characterisitics (pulse Load) Characteristics Of Some Mission Systems Will Require More Sophisticated Control Interfaces, Power Management Approaches, And Algorithms Than Are Commercially Available. The Navy Is Pursuing A Long Term Strategy To Create A Unified, Cyber Secure Architecture For Machinery Control Systems That Feature A Common, Reusable, Cyber Hardened Machinery Control Domain Specific Infrastructure Elements; A Mechanism For Transitioning New Technology From A Variety Of Sources In An Efficient And Consistent Manner; And A Mechanism To Provide Life Cycle Updates And Support In A Cost Effective And Timely Manner.tem Controls Will Be Expected To Maintain Awareness Of The Electric Plant Operating State (real Time Modeling); Interface With Ship Mission Planning (external To The Electric Plant Control Systems) For Energy Resource Prioritization, Planning, And Coordination Towards The Identification Of Resource Allocation States That Dynamically Optimize Mission Effectiveness; Identify And Select Optimal Trajectories To Achieving Those Optimal Resource Allocation States; And Actuate The Relevant Electric Plant Components To Move The Electric Plant State Along Those Optimized Trajectories Towards The Optimal Resource Allocation State. Tem Controls Would Enable Reduced Power And Energy System Resource Requirements For A Given Capability (or Improved Capability For A Given Set Of Resources); Increased Adaptability Of The Navy’s Power And Energy System Design To Keep Pace With An Evolving Threat Environment; And Maximized Abilities To Execute The Ship’s Mission. the Navy Is Interested In Potential Applications Of Distributed Control Architectures That Have Led To The Development Of Intelligent Agents That Have Some Autonomous Ability To Reason About System State And Enact Appropriate Control Policies. A Simple Example Of These Agents In A Control System Is The Use Of Autonomous Software Coupled With Smart Meters In A Smart Grid Implementation. The Agents, Smart Meters In This Example, Can Temporarily Shut Off Air Conditioning But Not The Refrigerator In Residences During Grid Peak Power Usage Times When The Cost Per Watt Is Highest On Hot Days. The Agent Software Acts Autonomously Within Its Authority To Comply With Programmed Customer Desires. The Navy Is Interested In Tem Controls Within A Modular Open Systems Architecture Framework Such That They Are Agnostic Of, But Affordably Customizable To, Specific Ship Platforms And Power System Architectures. Tem Controls May Reside Between (i.e. Interface With) Embedded Layers Within Individual Power System Components, Ships’ Supervisory Machinery Control Systems, And Ships’ Mission Planning Systems. Initial Or Further Development Or Modification Of These Interfaces May Be Required To Achieve Desired Performance Behaviors And Characteristics. Tem Controls Are Expected To Develop Within A Model-based System Engineering And Digital Engineering Environment And Will Be Initially Evaluated In A Purely Computational Environment, Representing Navy-developed Shipboard-representative Power And Energy System Architecture(s), But Will Be Progressively Evaluated On Systems With Increasing Levels Of Physical Instantiation (i.e., Controller-hardware-in-loop And Power-hardware-in-loop With Progressive Levels Of Representative Power System Components Physically Instantiated). When Implementing A Tem Based Control Scheme, The Overall Power System Should Increase Installed Power Generation Available To Mission And Auxiliary Loads; Reduce Power System Design Margins; Hone The Installed Stored Energy Required For Mission Critical Capability; And Allow Higher Power Transients (ramp Rates And Step Loads). Other Areas Of Interest To The Navy With Respect To Controls Include Improvements To Traditional Machinery Control And Automation, Advanced Power Management, Cyber Security, And Advanced Controls For Distributed Shared Energy Storage And Maintaining Electrical System Stability. The Navy Is Also Interested In Non-intrusive Load Monitoring, Power System Data Analytics, Real Time System Monitoring And Onboard Analysis And Diagnostics Capabilities. 4.3.8 System Interplay, Interfacing, And Integration increasingly, The Navy Is Recognizing The Need For Incorporating Flexibility And Adaptability Into Initial Ship Designs And Recognizing That The Integration Of New Systems And The Ability To Rapidly Reconfigure Them Will Be An Ongoing Challenge Throughout A Platform's Life Cycle In Order To Maintain Warfighting Relevancy. The Ability To Support Advanced Electrical Payload Warfighting Technologies Requires Not Only Power And Energy Systems Delivered With The Flexibility And Adaptability To Accommodate Them, But A Npes Engineering Enterprise With The Capability And Capacity (knowledge, Labor, And Capital) For Continuous Systems Integration. The Navy Can More Affordably Meet This Challenge By Shifting As Much Effort As Possible Into The Computational Modeling And Simulation Regime. an Integrated Power System (ips) Provides Total Ship Electric Power Including Electric Propulsion, Power Conversion And Distribution, Energy Storage, Combat System Support And Ship Mission Load Interfaces To The Electric Power System. Adding Energy Storage And Advanced Controls To Ips Results In An Integrated Power And Energy System (ipes) In Order To Accommodate Future High Energy Weapons And Sensors. The Ipes Energy Magazine Is Available To Multiple Users, And Provides Enhanced Power Continuity To The Power Distribution System. The Flexibility Of Electric Power Transmission Allows Power Generating Modules With Various Power Ratings To Be Connected To Propulsion Loads And Ship Service In Any Arrangement That Supports The Ships Mission At The Lowest Total Ownership Cost (toc). systems Engineering In Ips/ipes Is Focused On Increasing The Commonality Of Components Used Across Ship Types (both Manned And Unmanned) And In Developing Modules That Will Be Integral To Standardization, Zonal System Architectures, And Generic Shipbuilding Strategies With Standard Interfaces That Are Navy-controlled. Ipes Offers The Potential To Reduce Signatures By Changing The Frequency And Amplitude Of Acoustic And Electromagnetic Emissions. Integrated Energy Storage Can Reduce Observability By Enabling The Reduction And Elimination Of Prime Movers, Thereby Reducing Thermal And Acoustic Signatures. The Modules Or Components Developed Will Be Assessed For Applicability Both To New Construction And To Back-fit Opportunities That Improve The Energy Efficiency And Mission Effectiveness. areas Of Navy Interest Are To Continuously Improve Ips/ipes By Performing Analysis, Modeling And Simulation, Life Cycle Cost Analysis, Producibility Studies, Module Development, Ship Integration Studies, Architecture Design, Ship Electric Architectures And Support For High Power Weapons Systems Requirements, And Related Efforts. High Level Power System Architectures Are Based On Mvac And Mvdc Power With Attributes Of Power Density, Fault Management, Capability And Affordability. For Ship Service Electrical Loads, The Architecture Includes Zonal Electrical Distribution Which May Be Either Ac Or Dc, Depending Upon The Specific Application. In Addition To A Full Ipes Or Ips Implementation, Hybrid Electric Drive (hed) Where Mechanical Propulsion Is Augmented By Rotating Electric Machinery, Or Additional Power Generation Or Energy Storage May Be Of Interest. The Navy Desires To Understand The Performance And Cost Trade Space That Is Available For The Various Options Of Architecture; Component, System And Controls Technologies; Functional Allocations; And Interfaces. Also Of Interest Are Technologies That Result In Significant Energy Efficiency, Thermal Improvements, Power Density Improvements And/or Carbon Footprint Improvements Over Existing Propulsion And Power System Technologies. Another Area Of Interest For The Navy Is The Interface Definition Between Unique Electrical Loads And The Power System, And The Provision Of Specialty Power To Optimize That Load Interface. Among The Special Load Interfaces That Might Require Development Are Support For Pulsed Power Weapons And Sensors Such As Radar Power Supplies, Electromagnetic Launchers (for Example Electromagnetic Railgun), And Advanced Laser Systems, All Of Which Would Benefit From Optimized Integration With The Shipboard Power System. the Approach To Prototype Hardware Developed Under This Baa Is That It Fosters Modularity And Scalability (so That Families Of Products May Be Leveraged To Multiple Potential Applications) And Shall Accommodate An Open System Architecture Where Interfaces Are Well Defined And Mutually Accepted. The Navy Is Interested In Both Near Term Solutions That Have The Potential For Rapid Transition To A High Technology Readiness Level (trl) As Well As Longer Term Technology Pushes That Advance The Science And Would Enable A Future Compact Shipboard System. Risk Reducing Technology Prototype Demonstrations In The Near Term Are Encouraged. An Evaluation Of Emerging Technologies For Ship Applications (such As Energy Storage, Support For High Energy Weapons, Support For High Power Radars, High-speed Generators, And Advanced Power Electronics) To Determine Future Feasibility And Development Requirements Is Also Of Great Interest. Development Of Advanced Design Tools And Power System Specifications And Standards Is Also Key To Ensuring New Power Systems Will Integrate Aboard Ship. The Navy Is Interested In A Model-based Approach To Power System Engineering, From Early Concept System Architecture Trade Studies And Trade-space Exploration, To Production-ready Performance Specifications For Component And Systems Acquisitions. Particular Technologies And System Concepts Will Need To Be Evaluated In A Common Set Of Modeling Contexts And Environments Standardized Across The Navy Power System Engineering Enterprise. Modeling-enabled Evaluation Of Technology Alternatives And Performance Of System-level Trade Studies Requires That Models Be Delivered With A Sufficient Pedigree Supported By Analysis, Verification, And Validation (e.g., By Subscale Hardware Demonstrations) To Prove The Applicability Of The Models For The Standardized Modeling Contexts And Environments (model Based System Engineering). 5. Point(s) Of Contact all White Papers Shall Be Submitted To All Parties Identified Below: pms 460 Technical Poc: Josh Cushenette joshua.j.cushenette.civ@us.navy.mil navsea 0241 Poc: ms. Sakeena Siddiqi, Procuring Contracting Officer sakeena.s.siddiqi@us.navy.mil mr. Tyler Pacak, Contracting Specialist tyler.pacak@navy.mil iii. Award Information the Amount And Period Of Performance Of Each Selected Proposal Will Vary Depending On The Research Area And The Technical Approach To Be Pursued By The Selected Offeror. iv. Eligibility Information all Responsible Sources From Academia And Industry May Submit White Papers Under This Baa. Awards Under This Baa Will Likely Be Cost Plus Fixed Fee (cpff) And Thus Offerors Are Required To Have A Defense Contract Management Agency (dcma) / Defense Contract Audit Agency (dcaa) Approved Accounting System To Be Eligible For Award Or Evidence That A Pre-award Survey Has Been Initiated With Dcma/dcaa. v. Application And Submission Information 1. Application And Submission Process "white Papers" Are Desired By Navsea In Response To This Solicitation.all White Papers Shall Be Submitted Tonavseavia Email To The Following Address: Joshua.j.cushenette.civ@us.navy.mil. Hard Copy Submissions Are Not Accepted. Those Offerors With White Papers Considered To Have Merit Will Be Requested To Prepare Full Proposals For The Planned Effort As Specified Below. Receipt Of All White Papers Will Be Acknowledged By The Technical Point Of Contact Listed Above. White Papers Will Be Retained By The Navy And, Should An Application And Associated Funding Be Identified For The Concept Proposed, Additional Responses Will Be Requested Of The Offeror. 2. General Information For White Papers/full Proposals the White Papers And Proposals Submitted Under This Baa Are Expected To Be Unclassified. White Paper And Proposal Submissions Will Be Protected From Unauthorized Disclosure In Accordance With Far 15.207, Applicable Law, And Department Of Defense (dod)/department Of Navy (don) Regulations. Offerors Are Expected To Appropriately Mark Each Page Of Their Submission That Contains Proprietary Information. 2.1. White Papers 2.1.1 White Paper Format paper Size Shall Be No Larger Than 8.5" X 11" Paper With No Less Than 1" Margins On All Sides. The Font Shall Not Be Less Than 12 Point. The Format Of The Submission Shall Be One Electronic Copy In Microsoftword Or Excel Compatible Or .pdf Format. The Page Limit For White Papers Shall Be No Longer Than Twenty-five (25) Pages And Only Contain Information Necessary To Describe The Proposed Technical Concept And Comply With Content Requirements For The White Papers Stated Herein. 2.1.2 White Paper Content 2.1.2.1 Cover Page the Cover Page Shall Be Labeled "white Paper," And Shall Include The Baa Number, Proposed Title, Thecompany Technical/administrative Points Of Contact With Telephone Numbers And E-mail Addresses, The Company Commercial And Government Entity (cage) Code, Which Module Or Modules The White Paper Is Relevant To From The Research Opportunity Section Above (section Ii Paragraph 4), And The Names And Contact Information (if Known) Of The Assigned Dcma Administrative Contracting Officer (aco). 2.1.2.2 Technical Concept/naval Relevance the Technical Concept Shall Include A Description Of The Technology Innovation And Associated Technical Risk Areas. This Section Also Includes A Description Of The Potential Naval Relevance And Contributions Of The Proposed Effort To Improvement In The Performance Of Npes As Defined In The Npes Tdr. This Section May Include A Plan For Demonstrating And Evaluating The Operational Effectiveness Of The Offeror's Proposed Products Or Processes In Field Experiments And/or Tests In A Simulated Environment. 2.1.2.3 Capabilities; Related Experience And Past Performance, And Facilities the Capabilities Section Shall Describe Past Experience And Facilities That Demonstrate Yourcompany Ability To Complete The Scope Identified In The White Paper. This Section Shall Include Evidence Of The Company's Capabilities To Demonstrate The Technology Innovation Proposed. Offerors Shall Provide All Relevant Past Performance For Similar Or Related Work Under Contracts Currently Being Performed Or Completed During The Last Three (3) Years. The Offeror May Include Federal, State And Local Government And Private Sector Contracts. Offerors That Represent Newly Formed Entities, Without Prior Contract Experience, Should Identify Previous Contract And Subcontract Experience For All Principal Investigators Identified In The Proposal. This Section Will Not Be Counted Against The Page Limits Noted In Paragraph 2.1.1 Above. The Following Information For Each Such Contract Shall Be Provided: a. Contract Number b. Customer/agency c. Contracting Officer And Technical Point Of Contact (names And Phone Numbers) d. Brief Description Of Scope Of Work And Deliverables e. Contract Type f. Award Price/final Price g. Period Of Performance 2.1.2.4 Cost And Development Schedule the White Paper Should Identify The Total Estimated Cost And The Notional Development Timeline Of The Effort Proposed In The White Paper And A Brief Rational For How You Established This Rough Order Of Magnitude (rom) Cost Estimate. The Page Limit For The Estimated Cost And Schedule Information Shall Not Exceed One (1) Page; No Larger Than 8.5" X 11" When Printed On Paper With No Less Than 1" Margins On All Sides; And The Font Shall Not Be Less Than 12 Point. The Estimated Cost And Schedule Section Will Not Be Counted Against The Page Limits Noted In Paragraph 2.1.1 Above. For Planning Purposes, Depending Upon The Nature Of The Technology Being Proposed, A Contract That May Result From The White Paper Could Be Staged Using Multiple Phases, Starting With Concept Exploration And Technology Characterization. Should The Concept Prove Meritorious, Options May Be Included To Take The Technology/approach Through A Design And Prototype/software Build. The Total Potential Contract Period Of Performance Cannot Exceed Five (5) Years. 2.1.2.5 Assertion Of Data Rights include Here A Summary Of Any Proprietary Rights (limited/restricted) To Pre-existing Results, Prototypes, Or Systems Supporting And/or Necessary For The Use Of The Research, Results, And/or Prototype. If There Are Proprietary Rights, The Offeror Must Explain How These Affect Its Ability To Deliver Subsystems For Integration. Additionally, Offerors Must Explain How The Program Goals Are Achievable In Light Of These Proprietary And/or Restrictive Limitations. If There Are No Claims Of Proprietary Rights In Pre-existing Data, This Section Shall Consist Of A Statement To That Effect. In Order For A Data Rights Assertions List To Be Accepted By The Government And Included As An Attachment To A Contract, The Dfars (252.227-7013 And 252.227-7014) Requires That The Information Be Listed In A Table Having Four Columns. In The First Column, Technical Data To Be Furnished With Restrictions, For Non-commercial Technical Data Items, Both The Item And The Technical Data Pertaining To That Item Must Be Listed. Also, The Assertion Must Be Made At The Lowest Component Level. And Since Technical Data Is Defined As "recorded Information Of A Scientific Or Technical Nature", A Document Where The Technical Data Is Recorded Must Also Be Listed. This Is Usually, But Not Always, A Drawing Number. Non-commercial Computer Software Items Should Similarly Be Listed At The Lowest Practicable Subroutine Level And Should Also List A Version Number. 2.1.2.6 Accounting System Documentation the White Paper Shall Include Evidence Of An Approved Accounting System Or Evidence That A Pre-award Survey Has Been Initiated With Dcma/dcaa For An Approved Accounting System. 2.2 Full Proposals Format And Content once A White Paper Topic Has Been Selected To Proceed To The Next Step, The Contracting Officer Will Issue A Request For Proposal (rfp) Letter With Additional Detail On The Required Content Of The Proposal, Page Limitations, And Due Dates. The Rfp Letter Will Also Provide Details Of The Notional Statement Of Work For The Effort, Including A Level Of Effort For Related Engineering Services As Described Above; Any Optional Phases; A Description Of The Required Deliverable Data; And The Required Contents And Details Of The Cost Volume. 2.2.1 Associated Engineering Services the Potential Contract, At The Option Of The Government, May Also Include The Services Of Qualified Engineers/technicians And Management Functions To Perform Engineering Support For Follow-on Investigations, Additional Trade Studies, Participation In Navy Directed Interface Working Groups (iwg) To Assess The Technology Implementation In Shipboard Applications, And Hardware Evaluations To Determine The Effectiveness Of The New Technologies Developed Under The Basic Effort. This Level Of Effort Shall Not Be Included In The White Paper Submission, But May, At The Option Of The Government, Be Included In Any Resultant Contract. The Nature Of The Services To Be Performed Shall Be Integrally Related To The Core Scope Of The Contract, Shall Form A Logical Extension Of The Work Otherwise Performed (such As Completion Of Testing Of Articles Developed Or Extending The Performance Capability Of The Articles Developed), Or Shall Provide Amplifying Details Of The Articles Or Technologies Beyond That Otherwise Required And Shall Result In A Specific End-product, Such As A Report. Funding For Engineering Services May Be From R&d, Ship Construction, Operation & Maintenance; Or Other Procurement Sources As May Be Appropriate For The Follow-on Activity Required, But Shall Not Be Used For Production Of Any Technology Proposed. vi. Evaluation Information 1. Evaluation Criteria 1.1 White Papers evaluation Of The "white Papers" Will Be Based On A Competitive Selection Resulting From A Scientific Review Using The Following Evaluation Criteria: criteria 1: Overall Scientific And Technical Merits Of The Concept Proposed And The Potential Naval Relevance And Contributions Of The Effort To The Improved Performance Of Npes Modules And Architectures Within A Reasonable Development Schedule. criteria 2: Potential Risks To The Development And Future Acquisition Associated With The Assertion Of Data Rights. criteria 3: Capabilities; Related Experience And Past Performance; And Facilities criteria 4: Potential Risks To The Development Associated With The Length Of The Development Schedule And The Availability Of Funds To Complete All Proposed Tasks. selection Of The Offeror(s) From Which Rfps Will Be Issued Will Be Based Upon Thegovernments Assessment Of The Criteria Above And The Availability Of Funds To Accomplish The Proposed Effort. White Papers Submitted Under This Baa Will Be Protected From Unauthorized Disclosure In Accordance With Far 3.104-5 And 15.207. The Cognizant Government Experts Will Perform The Evaluation Of Technical Proposals. 1.2 Ratings Used For Scientific Review 1.2.1 Criteria 1 overall Scientific And Technical Merits And Potential Naval Relevance Of The Concept. rating = Excellent: Research Proposal Demonstrates High Potential For Providing Technological Advancement Relative To The Baselines Described In The 2019 Npes Tdr With A Reasonable Amount Of Developmental Risk. Research Proposal Demonstrates High Potential For Direct Application To A Future Npes Ship And/or Will Significantly Improve The Performance Of Npes Modules And/or Architectures. rating = Good: Research Proposal Demonstrates Moderate Potential For Providing Technological Advancement Relative To The Baselines Described In The 2019 Npes Tdr With A Reasonable Amount Of Development Risk. Research Proposal Demonstrates Moderate Potential For Direct Application To A Future Npes Ship And/or Will Probably Improve The Performance Of Npes Modules And/or Architectures. rating = Poor: Research Proposal Demonstrates Low Potential For Providing Technological Advancement Relative To The Baselines Described In The 2019 Npes Tdr With A Reasonable Amount Of Development Risk And/or Have An Unreasonable Amount Of Development Risk. Research Proposal Demonstrates Low Potential For Direct Application Of A Future Npes Ship And/or Will Not Significantly Improve The Performance Of Npes Modules And/or Architectures. 1.2.2. Criteria 2 potential Risks To The Development And Future Acquisition Associated With The Assertion Of Data Rights. rating = Excellent: There Is Low Or No Risk That The Level Of Data Rights Proposed Would Limit Thegovernments Ability To Use The Technical Data Generated During The Performance Of The Contract As Part Of A Technical Data Package For Future Competitive Development Or Production Efforts. rating = Good: There Is Moderate Risk That The Level Of Data Rights Proposed Would Limit Thegovernments Ability To Use The Technical Data Generated During The Performance Of The Contract As Part Of A Technical Data Package For Future Competitive Development Or Production Efforts. rating = Poor: There Is High Risk That The Level Of Data Rights Proposed Would Limit Thegovernments Ability To Use The Technical Data Generated During The Performance Of The Contract As Part Of A Technical Data Package For Future Competitive Development Or Production Efforts. 1.2.3 Criteria 3 capabilities; Related Experience And Past Performance; Facilities; Techniques; And Qualifications, Capabilities And Experience Of The Proposed Principal Investigator / Team Leader. rating = Acceptable: Based On The Offerors Performance Record, The Government Has A Reasonable Expectation That The Offeror Will Successfully Perform The Required Effort, Or The Offeror's Performance Record Is Unknown. In The Case Of An Offeror Without A Record Of Relevant Past Performance Or For Whom Information On Past Performance Is Not Available Or So Sparse That No Meaningful Past Performance Rating Can Be Reasonably Assigned, The Offeror May Not Be Evaluated Favorably Or Unfavorably On Past Performance (see Far 15.305 (a)(2)(iv)). Therefore, The Offeror Shall Be Determined To Have Unknown (or "neutral") Past Performance. In The Context Of Acceptability/unacceptability, A Neutral Rating Shall Be Considered "acceptable." rating = Unacceptable: Based On The Offerors Performance Record, The Government Does Not Have A Reasonable Expectation That The Offeror Will Be Able To Successfully Perform The Required Effort. 1.2.4. Criteria 4 potential Risks To The Development Associated With The Length Of The Development Schedule And The Availability Of Funds To Complete All Proposed Tasks. rating = Excellent: There Is Low Or No Risk That The Technology Development Timelines And The Availability Of Funds Necessary To Conduct The Development Would Not Support The Governments Ability To Transition The Technology Development For Future Competitive Development Or Production Efforts. rating = Good: There Is Moderate Risk That The Technology Development Timelines And The Availability Of Funds Necessary To Conduct The Development Would Not Support The Governments Ability To Transition The Technology Development For Future Competitive Development Or Production Efforts. rating = Poor: There Is High Risk That The Technology Development Timelines And The Availability Of Funds Necessary To Conduct The Development Would Not Support The Governments Ability To Transition The Technology Development For Future Competitive Development Or Production Efforts. vii. Security Classification in Order To Facilitate Intra-program Collaboration And Technology Transfer, The Government Will Attempt To Enable Technology Developers To Work At The Unclassified Level To The Maximum Extent Possible. If Access To Classified Material Will Be Required At Any Point During Performance, The Offeror Must Clearly Identify Such Need Prominently In Their Proposal. If Offerors Use Unclassified Data In Their Deliveries And Demonstrations Regarding A Potential Classified Project, They Should Use Methods And Conventions Consistent With Those Used In Classified Environments. Such Conventions Will Permit The Various Subsystems And The Final System To Be More Adaptable In Accommodating Classified Data In The Transition System. contracting Office Address: n00024 Naval Sea Systems Command, Dc 1333 Isaac Hull Avenue S.e. Washington Navy Yard, Dc contracting Office Address: sea 02 1333 Isaac Hull Avenue Se washington Navy Yard, District Of Columbia 20376 United States place Of Performance: tbd united States primary Point Of Contact: ms. Sakeena Siddiqi, Procuring Contracting Officer sakeena.s.siddiqi.civ@us.navy.mil secondary Point Of Contact: mr. Tyler Pacak, Contract Specialist tyler.pacak@navy.mil

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

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

Details: Description Procurement Of Provision Of Janitorial Services For Fy 2025 (early Procurement Activity) (series No) Government Of The Republic Of The Philippines Section I. Invitation To Bid Invitation To Bid For The Provision Of Janitorial Services For Fy 2025 1. The Bureau Of Customs Sub-port Of Mactan, Through The National Expenditure Program (nep) Of Fy 2025 Intends To Apply The Sum Of Nine Hundred Ninety-nine Thousand Five Hundred Pesos (₱999,500.00) Being The Abc To Payments Under The Contract For The Provision Of Janitorial Services For Fy 2025 With Project Identification Number _____________. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bureau Of Customs Sub-port Of Mactan Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required For The Period January 1, 2025 To December 31, 2025. Bidders Should Have Completed, Within Two (2 Years) From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. 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. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below On Or Before 9:00 Am On December 06, 2024 12:00. Late Bids Shall Not Be Accepted. The Bidders Shall Drop Their Duly Accomplished Technical Proposal Including The Eligibility Requirements And Financial Proposals In Two Separate Sealed Envelopes In The Bid Box Located At The Address Indicated Below. Late Bids Shall Not Be Accepted. 5. Bid Opening Shall Be On December 06, 2024, 1:00 Pm At The Given Address Below. 6. The Bureau Of Customs Sub-port Of Mactan 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. 7. Further, Please Be Informed That This Is An Early Procurement Of The Fy 2025 Program/activity/project To Ensure Efficient And Full Implementation Of Program/activity/project Within The Validity Period Of The Fy 2025 National Budget Per Gppb Circular No. 06-2019. The Appropriation For This Expense Is Included The Fy 2025 National Expenditure Program Submitted To Congress For Enactment. The Notice Of Award Shall Be Issued Upon Approval Of The Fy 2025 General Appropriations Act (gaa) By Congress And Signed By The President Into Law. 8. For Further Information, Please Refer To: Jennifer A. Duyogan (coo I, Acting Procurement Officer) Or Victoria C. Arandillo (coo Iii, Acting Accountant) Bureau Of Customs Sub-port Of Mactan Mcia Cargo Access Road, Barangay Ibo, Lapu-lapu City Jennifer.duyogan@customs.gov.ph /victoria.arandillo@customs.gov.ph +639171649903 9. You May Visit The Following Websites: For Downloading Of Bidding Documents: Section Ii. Instructions To Bidders 1. Scope Of Bid The Bureau Of Customs Sub-port Of Mactan Wishes To Receive Bids For The Provision Of Janitorial Services For Fy 2024 With Identification Number ___________________. The Procurement Project (referred To Herein As “project”) Is Composed 1 Lot Janitorial Services, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1 The Gop Through The Source Of Funding As Indicated Below For Fy 2025 In The Amount Of Nine Hundred Ninety-nine Thousand Five Hundred Pesos (₱999,500.00). 2.2 The Source Of Funding Is Fy 2025 National Expenditure Program. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1 Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2 Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3 Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: 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. 5.4 The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1 The Procuring Entity Has Prescribed That Subcontracting Is Not Allowed. 8. Pre-bid Conference Non-applicable. 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: 10.1 Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents) 10.2 The Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3 Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents) 11. Bid Prices 11.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A. For Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex- Warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other (incidental) Services, If Any, Listed In The Bds. 12. Bid And Payment Currencies 12.1 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. 12.2 Payment Of The Contract Price Shall Be Made In Philippine Pesos. 13. Bid Security 13.1 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. 13.2 The Bid And Bid Security Shall Be Valid Until February 23, 2025. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 14. 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. 15. Deadline For Submission Of Bids 15.1 The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 16. Opening And Preliminary Examination Of Bids 16.1 The Bac Shall Open The Bids 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. 16.2 The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 17. Domestic Preference 17.1 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. 18. Detailed Evaluation And Comparison Of Bids 18.1 The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. 18.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 18.3. 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. 18.4. The Project Shall Be Awarded As Follows: One Project Having Several Items That Shall Be Awarded As One Contract. 18.5. 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. 19. Post-qualification 19.1 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 20. Signing Of The Contract 20.1 The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be A. 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. Completed Within Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed. 11.1 The Bidder Must Support Their Financial Bid Form With A Breakdown Using The Form 1 – Janitorial Services Labor Cost Estimate. In The Event That The Bidder Is A Corporation, A Secretary Certificate, Spa Or Any Other Document Showing The Authority Of The Signatory On The Bid Form And Other Documents Should Also Be Attached. 15 Bidders Are Encouraged To Submit Their Bids Through Their Duly Authorized Representative Using The Forms Specified In The Bidding Documents. Bidders Shall Enclose Their Original And Copy 1 Of Eligibility And Technical Documents And Financial Documents In One (1) Sealed Envelope. The Single Envelope Will Be Marked "the Bid" And Address All Bids To The Bac Chairperson: Cornelia B. Wilwayco Chief, Assessment Bac Chairperson 18.3 One (1) Lot, Provision For Janitorial Services For Fy 2025, Five (5) Janitorial Personnel With Abc Of ₱ 999,500.00. Partial Bid Is Not Allowed. The Goods Are Grouped In A Single Lot And The Lot Shall Not Be Divided Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. In All Cases, The Nfcc Computation, If Applicable, Must Be Sufficient For All The Lots Or Contracts To Be Awarded To The Bidder. 19.1 Must Also Submit The Following Additional Post-qualification Documents: 1. Current Income Tax Return (itr) (preferably For Calendar Year 2024), But If 2024 Is Not Available, The Bidder Must Submit The 2024 Itr With Additional Document Showing That They Have Filed And Applied For 2024 Itr. 2. Latest Monthly And Quarterly Tax Returns Within Calendar Year 2024. 3. Updated Class “a” Documents, In Case The Validity Of Any Or All Of The Documents Indicated In The Philgeps Membership Certificate Has Expired Or Lapsed. 4. Latest/current Clearance/certificate Of No Adverse Decision(s) Against The Applicant-janitorial Agency And Compliance With The Statutory Obligations From The Regional Offices Of The National Labor Relations Commission (nlrc) And The Department Of Labor And Employment (dole) Where The Main Office Of The Janitorial Agency Is Based. 5. However, If In The Event There Are Pending Or Adverse Decisions Relative To The Preceding Paragraph, A List Of The Cases And Copies Of The Decisions Of Cases Already Decided Within The Last Five (5) Years Will Be Submitted. 6. Latest/current Clearance/certificate Of Remittance And Compliance With Statutory Obligation From The Sss Regional Office Where The Main Office Of The Janitorial Agency Is Based. 7. For Single Proprietorship, Latest/current Clearance/certificate Of Good Standing And Compliance Of Statutory Obligation From The Regional Office Of The Department Of Trade And Industry (dti) Where The Main Office Of The Janitorial Agency Is Based. For Corporation And Partnership, Latest/current Clearance/certificate Of Good Standing And Compliance With Statutory Obligation From Sec. 8. Latest/current Clearance/certificate Of Good Standing And Compliance With Statutory Obligation/remittance From Pag-ibig And Philhealth; 9. Other Applicable Licenses And Permits Required By Law. The Lowest Calculated Bidder Must Submit One (1) Original And Two (2) Copies Of The Post-qualification Documents. 20.1 No Further Instructions. Section Iv. General Conditions Of Contract General Conditions Of The 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 He Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2. Advance Payment And Terms Of Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184. 4. Inspection And Test The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Vii (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of The Contract Special Conditions Of The Contract Gcc Clause 1 Additional Requirements, Terms And Conditions Of The Contract: 1. The Service Provider Hereby Warrants That All Janitors Assigned To Render Janitorial Services To The Boc Sub-port Of Mactan Are Its Own Employees And That No-principal-agency Relationship Or Employer-employee Relationship Exist Between The Boc Sub-port Of Mactan And The Service Provider, Or Between The Boc Sub-port Of Mactan And The Janitors. The Boc Sub-port Of Mactan Shall Not Be Responsible For Any Claims Of Personal Injury Or Damages, Including Death, Caused To The Janitors, Or To Any Third Person Where Such Injury Or Death Arise During The Janitors’ Period Of Duty. It Is Expressly Agreed And Understood That Premium Payments/ Claims Under The Provisions Of The Social Security Act, Philhealth And Hdmf /pag-ibig Fund Shall Be For The Account Of The Service Provider; 2. The Service Provider Shall Have Command, Supervision And Control Of The Janitors With The Best Interest Of The Boc Sub-port Of Mactan In Mind. Boc Sub-port Of Mactan , However, Shall Have The Right To Give Instructions, Directions And Orders To The Janitors To Ensure The Proper Enforcement Of Its Rules, Regulations And Policies, In Accordance With Its Service Standard; Provided That Such Instructions, Directions And Orders Are Not Contrary To The Law. The Exercise By The Boc Sub-port Of Mactan Of The Said Right, Shall Not In Any Way Affect The Independent Contractor Relationships Between The Boc Sub-port Of Mactan And The Service Provider, As Herein Provided; 3. It Is Agreed That In Order To Have An Assurance That Salaries Of Janitors Assigned By The Service Provider Are Paid On Time, The Boc Sub-port Of Mactan Requires The Service Provider To Present Within 15 Working Days After The End Of Applicable Month, As Basis For The Payment, The Following: A.) Original Copies Of The Service Provider’s Billing Statement Showing Service Description, Quantity And Amount. B.) Certified Copies Of Documents Reflecting Payment/remittances Of Sss, Philhealth And Pag – Ibig Benefits Of The Janitors Assigned To The Entity. C.) Certified Copy Of The Payroll Showing Acknowledgment Of Receipt By The Janitors Of Their Salaries For The Two (2) Quincenas Prior To Current Billing. D.) Monthly Accomplishment Report To Be Accomplished By The Service Provider. It Is Understood That This Measure Is To Check Whether The Janitors Have Been Paid For Individual Services Rendered In Accordance With The Stipulation Herein Agreed Upon And To Ensure The Janitor’s Morale In The Performance Of Their Functions; 4. The Service Provider Shall Compensate The Janitors In Such Amounts That Shall Not Be Lower Than Those Prescribed Under Labor Law, Rules And Regulations On Time; 5. Failure Of The Service Provider To Pay The Amount Of Compensation Due To The Janitors For A Period Of One (1) Month Shall Be A Basis/grounds For The Termination Of Contract; 6. Service Provider Hereby Agrees That Absences And Tardiness Of Its Personnel Shall Be Deducted From Its Monthly Billings. Computation Of Deductions Shall Be Based On Labor Cost Only. In Case Of Absences Of Janitors, The Service Provider Should Ensure That Each Assigned Area Must Be Manned By At Least One (1) Janitor Augmented From Other Areas. In The Event Of Long Absences Or Cumulative Absence Of Five (5) Days The Service Provider Must Make Necessary Adjustment To Find A Replacement Of Janitor; 7. Service Provider Shall Closely Check The Janitors In The Performance Of Their Duties And Responsibilities By Conducting Regular, Surprise Inspections Any Time Of The Day To Ensure That They Are Not Committing Any Act Prejudicial To The Interest Of The Boc Sub-port Of Mactan; 8. The Boc Sub-port Of Mactan Must Provide Quarterly Reports On The Results Of The Feedback/surveys/comments On The Performance Of The Janitors Conducted By The Same. 9. The Terms And Conditions Herein Set Forth Shall Be Deemed Modified By Any Applicable Provisions Of Any Subsequent Law, Especially With Regard To Increases In The Minimum Wage, Taxes, Cost Of Living Allowances Or The Grant Of Any Occupational Benefit To Workers, Which Increases In Remuneration And/or Benefits Shall Be The Sole Responsibility Of The Service Provider. Delivery And Documents – The Delivery Terms Of This Contract Shall Be As Follows: “the Delivery Terms Applicable To This Contract Are Delivered In The Boc Sub-port Of Mactan Building. 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 Financial And Administrative Division Office. 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. Provide The Bureau Of Customs, Sub-port Of Mactan The Minimum Supplies As Contained In Section Vii: Technical Specifications; 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. 2.2 The Terms Of Payment Shall Be On A Monthly Basis. 4 None 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 Janitorial Services Five (5) Janitors 4 Upon The Issuance Of Notice To Proceed (ntp) 8 Hours/day Five And Half (5.5) Days A Week, Mondays To Saturdays Excluding All Holidays (regular And Special Non- Working) The Hours And Location Of Duty Of The Janitors Are The Following: Location No. Of Janitors Duty Hours/days Airport (international Arrival And Departure Area 1 6am-4pm/mon-fri 8am-12pm/sat Quarterly Shifting Of Schedule Collector’s Office 1 6am-4pm/mon-fri 8am-12pm/sat Quarterly Shifting Of Schedule Ground Floor And Offices 1 6am-4pm/mon-fri 8am-12pm/sat Quarterly Shifting Of Schedule Second Floor And Offices 1 6am-4pm/mon-fri 8am-12pm/sat Quarterly Shifting Of Schedule Outside Ground/perimeter 1 6am-4pm/mon-fri 8am-12pm/sat Quarterly Shifting Of Schedule Coverage, Duties And Responsibilities Of Janitors: A.) Entire Building Including Its Windows, Walls, Beams/ledges, Which Will Be Cleaned Inside Of The Building As Well As Its Grounds And All Garden Areas And B.) Other Areas As Maybe Assigned Within The Boc Sub-port Of Mactan Compound I Hereby Certify To Comply And Deliver With All The Above Requirements. ______________________ ____________________________ __________________ Name Of Bidder/company Signature Over Printed Name Date Of Representative Section Vii. Technical Specifications Technical Specifications Bidders Must State Here Either “comply” Or “not Comply” In The Column “statement Of Compliance” Against Each Individual Parameter Of Each “specification”. Item Specification Statement Of Compliance 1 One (1) Year Provision Of Janitorial Services At Boc Sub-port Of Mactan, Rendering Eight (8) Hours, 5.5 Days A Week Excluding All Holidays (regular And Special Non-working). Five (5) Janitors Required Rate Per Janitor: ₱757.20 Per Day (₱16,658.33 Per Month) Inclusive Of Other Fees 2 The Service Provider Shall Provide Five (5) Janitors Who Are: A. Of Good Moral Character And Without Criminal Or Police Records; B. Physically And Mentally Fit, As Evidence By The Medical Certificate; And C. Duly Trained And Skilled To Function As Janitorial Personnel. D. Fully Vaccinated The Service Provider, Upon Receipt Of The Notice Of Award, Shall Be Required To Submit To Boc Sub-port Of Mactan A Sworn Statement Attesting The Compliance With The Foregoing. 3 The Service Provider Shall Assign A Roving Supervisor From Its Own Account To Monitor The Performance Of The Janitorial Attendance And Handle Consolidation Of Daily Timecards Periodically In Preparation For The Billing To Boc Sub-port Of Mactan. 4 The Janitorial Personnel Shall Perform The Following: A. Maintain The Cleanliness And Orderliness Of The Office Premises In Accordance With The Terms Of Reference For The Contract Of Janitorial Services (annex B) And The Housekeeping Plan To Be Submitted By The Service Provider During Contract Implementation, Considering The Following: • Protection Of Boc Sub-port Of Mactan From Damage Or Destruction In Connection With The Janitorial Activities Rendered; • Preservation Of Confidentiality Of Boc Sub-port Of Mactan Records And Confidential Information; And • Proper Collection And Disposal Of Garbage. B. Miscellaneous Services To Be Performed Whenever Required (i.e. Logistical Assistance During Meetings And Conferences, Hauling Of Office Furniture, Fixtures And Equipment; And Other Official Errands). 5 Stability 1. At Least A Minimum Of Two (2) Years Of Experience In Janitorial Services. 2. The Service Provider Must Have Completed, Within The Past Two (2) Years From The Date Of Bid Submission A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 3. Liquidity Of The Contractor: Current Asset Minus Current Liabilities Based On Balance Sheet As Of December 31, 2023, Matches At Least 25% Of The Abc 4. Organizational Set-up: With Good Office Set-up, Personnel, And Office Tools And Equipment. The Agency Must Submit A Company Profile, Confirming The Foregoing Requirements Including An Organizational Chart. 5. Resources: Must Have Employed At Least 10 Janitors (attached List Of Janitors Presently Employed With The Agency). Likewise, The Service Provider Should Have A Physical Office In Cebu Province And Working Phone Numbers For Easy Contact. 6 Uniform The Contractor Shall Provide The Personnel With Appropriate Uniforms, Protective Gear, If Necessary, And Ensure That They Shall Observe Proper Personal Hygiene And Appear Neat And Clean At All Times. 7 Housekeeping Plan The Service Provider Shall Submit A Housekeeping Plan Tailored Fit To The Service Requirements Of Boc Sub-port Of Mactan. The Service Provider Shall State/enumerate The Specific Methodology To Be Employed For The Execution Of The Housekeeping Plan. Annex A Terms Of Reference For The Contract Of Janitorial Services 1. General Conditions A. The Service Provider Shall Provide Boc Sub-port Of Mactan At Its Premises Located At The Mcia Cargo Access Road, Lapu-lapu City, With Five (5) Reliable And Professionally-trained Janitors Who Shall Each Work Eight (8) Hours A Day, Five And Half (5.5) Days A Week Excluding All Holidays (regular And Special Non-working). However, The Personnel May Be Requested To Aid Outside The Regular Working Hours Or During Weekend, Or Holidays, Upon The Approval Of The Chief Administrative Officer Or His/her Duly Authorized Representative. B. The Service Provider Agrees That Boc Sub-port Of Mactan Reserves The Right To Screen And Accept Or Deny The Deployment Of Any Personnel Recommended By The Service Provider. C. Boc Sub-port Of Mactan Has The Right To Effect Changes In The Assignment/deployment Of The Janitors At Any Time During The Contract Period Through A Written Notice To The Service Provider. It Is Agreed Further That The Number Of Janitors Maybe Increased Or Decreased At The Discretion Of The Boc Sub-port Of Mactan Depending Upon The Need And In The Exigency Of The Service. D. The Service Provider Shall Not Reshuffle Personnel Without The Prior Clearance/approval Of Boc Sub-port Of Mactan Which Hereby Reserves The Right To Reject Any Proposal To Reassign Personnel If Such Re-assignment Is Found To Pose An Imminent Danger Or Prejudice To The Service. It Is However Understood That On Matter Of Disciplinary Action Toward The Personnel Of The Service Provider, Boc Sub-port Of Mactan Shall Cooperate With The Service Provider Or Vice Versa By Means Of Mutual Consultation. E. The Service Provider Shall Make Available Relievers And/or Replacements At All Times To Ensure Continuous And Uninterrupted Services. F. The Service Provider Shall Pay Its Personnel On Time Not Less Than The Minimum Wage And Other Benefits Mandated By The Law. The Service Provider Shall Provide The Janitorial Personnel Their Monthly Pay Slip Containing The Necessary Information On It. The Service Provider Shall Comply With The Laws Governing Labor Standards And Employee’s Compensation. A Certificate For The Purpose Shall Be Required From The Service Provider. G. The Service Provider Shall Have No Previous Record Of Delinquency On Payment Of Premiums And Shall Secure And Submit Clearance Certificates From The Implementing Government Agencies. H. The Service Provider Shall Submit, Along With The Monthly Billing Statement, The Monthly Accomplishment Report, A Certified True Copy Of The Duly Accomplished Payroll Sheet, Receipts And Prescribed Reports Stamp Received By Sss, Philhealth Or Pag-ibig Premiums Of The Janitorial Personnel Assigned To Boc Sub-port Of Mactan Within 15 Working Days After The End Of Applicable Month. I. The Service Provider In The Performance Of Its Services Shall Secure, Maintain At Its Own Expense All Registration, Licenses Or Permits Required By Law, And Shall Comply With All Pertinent Rules And Regulations. The Service Provider’s Personnel Shall Take All Necessary Precautions For The Safety Of All Persons And Properties At Or Near The Area Of Work And Shall Comply With All The Standards And Established Safety Regulations, Rules And Practices. J. The Service Provider Shall Ensure That Safety Shall Be The First Priority In The Performance Of Its Functions And Avoid The Creation Of Safety Hazards Both In The Condition Of The Work Performed And While Doing The Work. K. The Service Provider Shall Assume Responsibility And Liability For All Damages And Losses Which May Occur Within The Boc Sub-port Of Mactan’s Premises Directly Caused Or Arising As A Result Of Any Misconduct, Negligence, Fault, Dishonesty Or Dereliction Of Duty Of The Personnel Concerned, As Maybe Found By A Joint And Impartial Investigation. Provided, That Boc Sub-port Of Mactan Shall Advice Or Report Orally Or In Writing To The Service Provider The Same. The Maximum Liability Of The Service Provider In Case Of Loss Or Damage Under This Paragraph Shall Be For The Replacement Or Reparation Of The Loss Or Damaged Property Or The Corresponding Amount Of The Loss Or Damaged Property. Boc Sub-port Of Mactan Shall Have No Authority To Automatically Deduct Its Claim Under This Paragraph From The Agreed Fees Due To The Service Provider Or To Withhold Payment Of Same Without The Approval Of The Service Provider. It Is Expressly Understood, However, That The Service Provider Shall Not Be Liable For Damages Or Losses Due To Fortuitous Events Or Force Majeure. L. Boc Sub-port Of Mactan Shall Prescribe The Time And Schedule Of Duties Of The Janitors. The Service Providers Personnel And The Latter Are Prohibited To Stay Overnight At The Boc Sub-port Of Mactan’s Building Unless Authorized. The Respective Areas Of Assignment Of The Personnel Shall Be Determined By The Boc Sub-port Of Mactan, Who May Also Prescribe Additional Duties To The Personnel In The Enforcement Of Regulations And Instructions. M. The Service Provider Shall Maintain Its Good Standing And Remain A Competent Janitorial Services Contractor, Financially Capable Of Acting As An Independent Contractor And Shall Obtain All Necessary Licenses, Permits, And Comply With All Laws, Ordinances And Regulations Required For All Janitorial Services Agencies. If Boc Sub-port Of Mactan Has Reason To Believe That The Service Provider Has Failed To Comply With A Law Or Regulations Regulating Employment Of Labor, Boc Sub-port Of Mactan May Then Notify The Service Provider Accordingly And If The Latter Shall Refuse Or Fail To Present Satisfactory Proof To The Contrary Within Thirty (30) Days From Receipt Of Such Notice Of The Boc Sub-port Of Mactan, The Boc Sub-port Of Mactan Shall Have The Right To Immediately Terminate The Contract, The Previous Provision Notwithstanding, And Without Prejudice To Any Action Which The Boc Sub-port Of Mactan May Institute For Damages He Has Suffered Thereby. N. Boc Sub-port Of Mactan Shall Not Be Responsible For Any Accident, Mishap Or Injury Of Any Kind Or Nature That May Be Sustained By Any Of The Personnel Of The Service Provider While Performing Their Respective Duties At The Boc Sub-port Of Mactan 's Premises During Their Tour Of Duty, Including Death Resulting Therefrom. It Being Understood That The Personnel Heir's Claims In Connection With His Employment Shall Be Borne By And The Sole Liability Of The Service Provider. O. The Service Provider Shall Agree To Subject Its Personnel Assigned To Boc Sub-port Of Mactan To Security Check By Authorized Security Personnel When Coming In And Leaving The Premises. Further, The Service Provider Shall Periodically Check The Personnel In The Performance Of Their Duties And Responsibilities In Coordination With The Boc Sub-port Of Mactan, To Ensure They Properly Discharged Their Duties And Responsibilities And Are Not Committing Any Act(s) Prejudicial Against The Interest Of The Boc Sub-port Of Mactan. P. No Modification Shall Be Made To The Contract Between The Parties, Except In Writing, Signed By The Boc Sub-port Of Mactan And The Service Provider. Q. The Service Provider Shall Not Assign, Transfer, Pledge Or Make Other Dispositions Of This Contract Or Any Part Thereof, Except With The Prior Written Consent Of The Boc Sub-port Of Mactan. R. In The Case Of A Dispute Between The Boc Sub-port Of Mactan And The Service Provider, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004” And The Procedures Provided By Republic Act No. 9184, As Applicable. 2. Scope Of Service Under The Direction And Supervision Of Boc Sub-port Of Mactan’s Chief Administrative Officer, Or His/her Designee, The Service Provider Agrees To Perform The Following Services: A. Mopping, Polishing, Sweeping And Dusting Of All Floors, Including Stairways, Passages, Corridors, Lobbies, Entrance And Exit Stairways. These Areas Shall Be Serviced Continuously During Hours Of Public Use To Guarantee Cleanliness; B. Cleaning Of Tables, Furniture And Fixtures And Other Office Equipment; C. Washing Of China Wares And Silverwares, Filling Of Thermos (air Pots) With Hot Water; D. Scrubbing/cleaning, Deodorizing And Disinfecting Of Toilets And Washrooms; E. Cleaning And Spot-removing On All Vertical And Overhead Surfaces; F. Cleaning Of Ground And All Railing, Counters, Doorknobs, Doors And Windows; G. Emptying And Cleaning Of Sand Urns, And Waste Receptacles Of Disposable Garbage; H. Keeping Free Of Obstructions All Corridors, Lobbies, Entrances And Stairways; I. Vacuuming Of Carpeted Areas In All Offices, Plants And Installations (to Include Chairs, Ceiling And Walls); J. Switching Off/on Of All Lights/air Conditioning Units When Not In Use And Areas Where Necessary; K. Performing Errands Within And Outside The Office As Authorized; L. Report Necessary Repair Works Immediately To Officer Concerned Or Authorized Representative; And M. Perform Other Duties As May Be Required By The Department/office With Respect To Janitorial, Messengerial And Utility Works. N. Disinfect And Sanitize Boc Sub-port Of Mactan Premises. 3. Limitation Of Scope The Scope Of The Services Shall Be Limited To The Discharge Of Function As Described In The Scope Of Work/services. Performance Of Tasks That May Be Assigned Not Essential, Necessary Or Related To The Janitorial Functions, Shall Not Be Construed As An Acceptance Of Accountability But A Mere Accommodation To The Boc Sub-port Of Mactan. Any Resulting Loss Or Damage From Such Accommodation Shall Be The Sole Responsibility Of The Boc Sub-port Of Mactan. 4. Contractual Consideration For And In Consideration Of The Above Services, Boc Sub-port Of Mactan Shall During The Term Of The Contract, Pay The Service Provider An Amount Equivalent To The Salary Per Janitor Of ₱754.55 Per Day (₱16,600.00 Per Month) And Benefits Mandated By Law, Inclusive Of Administrative Overhead And Vat, Mandated By Law On The Basis Of An Eight (8) Hours A Day Work, Five And Half (5.5) Days A Week (monday To Saturday). The Abc Is Inclusive Of The Cost Of Overtime Services, Which Shall Not Exceed Three Percent (3%) Of The Total Contract Duration And Shall Be Charged Accordingly In A Separate Billing Statement. . In The Event That The Minimum Wage Is Increased Or Should An Additional Fringe Benefit In Favor Of The Personnel Be Promulgated Either By Law Or Decree Or Wage Order Subsequent To The Execution Of The Contract, The New Rate Shall Be Adjusted To Conform With The Law And Shall Be Subjected To A Negotiation Agreeable To Both Parties. 5. Review/audit Of Bills The Boc Sub-port Of Mactan Shall Be Given 15 Days To Review/audit The Service Providers Invoice, Within Which Time Boc Sub-port Of Mactan May Contest The Accuracy Of The Amount Invoiced. In The Absence Of A Written Advice Concerning Discrepancies On The Invoice After The Review Period, The Invoice Shall Be Deemed Accurate And Accepted. In Case Of Discrepancies In The Invoice, The Same Shall Be Returned To The Service Provider For Appropriate Correction Or Revision In Which Case Boc Sub-port Of Mactan Shall Have 15 Days From Receipt Of The Corrected Invoice Within Which To Settle The Same. 6. Billing Requirements The Service Provider Shall Support Its Billings With Boc Sub-port Of Mactan Approved Daily Time Records, Monthly Accomplishment Report, As Proof Of Services Rendered To The Boc Sub-port Of Mactan Within 15 Working Days After The End Of Applicable Month. Should Boc Sub-port Of Mactan Subsequently Require For Other Documents, The Same Shall Be Communicated In Writing And Shall Not Preclude The Collection Of Any Outstanding Invoices Prior To The Delivery Of The Boc Sub-port Of Mactan 's Request. 7. Amounts Earmarked And Held In Trust The Boc Sub-port Of Mactan Understands That By Virtue Of Philippine Laws, Do-18a And The Service Provider Acting For The Boc Sub-port Of Mactan As Principal, Any Bill Or Any Portion Of It Pertaining To Amounts Due To Government, Salaries And/or Any Amounts Earmarked For The Benefit Of Labor, Are Held In Trust And Therefore, Shall Not Be Diminished Nor Delayed. Boc Sub-port Of Mactan Shall Be Free From Liability On Such Expenses, Penalties, Surcharges Or Damages Arising From Diminution Or Delay In The Payment Of Said Amounts, Provided That Such Diminution Or Delay Is Not Attributable To Boc Sub-port Of Mactan’s Fault Or Negligence. 8. Supervision And Control The Service Provider Shall Exercise Discipline, Supervision, Control And Administration Over Its Personnel In Accordance With Law, Ordinances And Pertinent Governmental Rules And Regulations As Well As The Rules And Policies Laid Down By Boc Sub-port Of Mactan On The Matter. The Service Provider Is The Direct Employer Of' The Personnel Assigned To Boc Sub-port Of Mactan. Parties Acknowledge That Employer-employee Relationship Exists Between The Service Provider And The Personnel. 9. Replacement Of Personnel The Boc Sub-port Of Mactan May Have Personnel Changed Or Replaced At Any Time Whose Work It Finds Or Believes To Be Below Standard, Or Whose Conduct Is Unsatisfactory, Or Is Prejudicial To Its Interest, As Determined By Boc Sub-port Of Mactan. 10. Confidentiality Clause The Janitors Provided By The Service Provider Shall At All Times Maintain Confidentiality Of All Documents And Any Information That They May Have Knowledge By Virtue Of Their Services To The Boc Sub-port Of Mactan And Not To Disclose To Any Third Party All Confidential Information Received From Or Entrusted By Boc Sub-port Of Mactan. The Janitors Shall Be Prohibited From Using The Confidential Information Or Documents Received Or Entrusted By Boc Sub-port Of Mactan For Purposes Other Than Compliance With Its Obligations As Janitors. 11. Term Of Contract The Period Of Services Shall Take Effect On January 1, 2025 For A Period Of One (1) Year. Either Party May Pre-terminate For Legal Cause At Any Time Upon Serving A Written Notice To The Other Party, Thirty (30) Days Prior The Intended Date Of Termination. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents A) ⬜ Valid Philgeps Registration Certificate (platinum Membership If Public Bidding) (all Pages) In Accordance With Section 8.5.2 Of The Irr; 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. Table Of Contents Bid Form Janitorial Services Labor Cost Estimate Bid Securing Declaration Form Performance Securing Declaration Form Omnibus Sworn Statement Contract Agreement Form Bid Form For The Procurement Of Goods [shall Be Submitted With The Bid] Bid Form Date : _________________ Project Identification No. : _________________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [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, If Our Bid Is Accepted, We Undertake: A. To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents (pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Period Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. [insert This Paragraph If Foreign-assisted Project With The Development Partner: 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 Amount And Purpose Of Of Agent Currency 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 Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of [name Of The Bidder] As Evidenced By The Attached [state The Written Authority]. We Acknowledge That Failure To 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. Name: _______________________________________________________________ Legal Capacity: _________________________________________________________ Signature: _____________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of:________________________________ Date: ___________________ Boc Som P.b. Form # 1 Project: Provision Of Janitorial Services For Fy 2025 For The Bureau Of Customs Sub-port Of Mactan (project Reference No.: ________________________) Janitorial Services Labor Cost Estimate Janitor (5.5 Days Work Per Week) Daily Basic Salary Rate Specification A. Payable Directly To Employee 1. Basic Salary (dw X __________ Days / 12) 3. 13th Month Pay (1 / 12) 4. 5 Days Incentive Leave [(dw) X 5 / 12] Sub-total B. Amount Payable To The Government 1. Sss Premium 2. Phil Health Contribution 3. Ecc 4. Pag-ibig Fund Sub-total C. Total Amount To Employee And Government Per Month D. Administrative Cost (max. Of 20% X C- Dole Dept. Order 174) E. Sub-total Before Tax (c + D) F. Add: Vat (12%) (.12 X E) G. Contract Price Per Month Per Person (e+f) H. No. Of Personnel Deployed I. Total Contract Price Per Month (g X H) J. Contract Duration K. Total Contract For The Whole Duration (i X J) L. Provision Of Overtime (3% X K) M. Total Monthly Cost Of Supplies (from Tm. 1) N. Total Contract Cost For The Entire Duration (k+l+m) Signature: ________________

Details: (i) This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Subpart 12.6 Of The Federal Acquisition Regulation, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Proposals Are Being Requested And A Written Solicitation Will Not Be Issued. (ii) This Solicitation Is Issued As An Request For Quotation (rfq). (iii) The Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2023-05. (iv) This Procurement Is Set Aside For Total Small Business. The Naics Code Is 561990 And The Small Business Size Standard Is $16.5 Million. (v) Schedule Of Items/price Schedule See Attachment 05 Schedule Of Items (vi) Description Of Requirement (including A List Of Any Attachments) the Contractor Shall Furnish All Labor, Equipment, Supplies, Incidentals, Insurance, And Transportation Necessary To Perform Trail Grooming Of Snowmobile Trails On The Calaveras Ranger District Of The Stanislaus National Forest. The Trails Are To Be Groomed To Maintain A Smooth Surface Where An Average Snowmobile User Could Travel At A Maximum Safe Speed Of And 35 Mph On Hwy 4 And Spicer Road (forest Road 7n01). See Performance Work Statement For Additional Requirements. list Of Attachments: attachment 01 Performance Work Statement attachment 02 Snow Grooming Monitoring Map attachment 03 Wage Determination attachment 04 Calaveras Rd Snow Grooming Questionnaire attachment 05 Schedule Of Items (vii) Date(s) And Place(s) Of Delivery And Acceptance/location the California State Highway 4 Winter Parking/ Snowmobile Staging/trailhead Area (lake Alpine Sno-park And Spicer Road Sno-park) Located In The Calaveras Ranger Station Of The Stanislaus National Forest. a) The Trails To Be Groomed Consist Of The Following: bear Valley Trail, Approximately 2 Miles, From Bear Valley, Across State Highway 4, To The Silvertip Campground And Lake Alpine Sno Park. highway 4, Approximately 10 Miles, From The Silvertip Campground Unloading Area At The Lake Alpine Sno-park, Around The Road Closure Gate, East On Highway 4 And 1 Mile Down Into The Stanislaus Meadow And Back Up To Highway 4, Continuing East On Highway 4 Past Mosquito Lakes, Into Pacific valley To Hermit Valley And T The Dear Valley Ohv Trail Head. This Is Considered This A ½ Groom. highway 4, Approximately 5 Miles, From The Dear Valley Ohv Trail Head 8n02, East On Highway 4 To The Highland Lakes Road 8n01 Junction, Then 1.5 Miles To Top Of Ebbetts Pass And Back To Highland Lakes Road Junction, Then South On Highland Lakes Road, And 5 Miles To Highland Lakes. This Is Considered A Full Groom. spicer Reservoir Road 7n01, Approximately 13.5 Miles, From Highway 4 To Spicer Reservoir Powerhouse, Union Reservoir Road 7n75 And Utica Reservoir Roads 7n17 And To The Entrance Of Slick Rock Road 7n17. (viii) 52.212-1 Instructions To Offerors – Commercial Products And Commercial Services (sep 2023) (provision) addenda To Provision 52.212-1: addenda To Provision 52.212-1: for Simplified Acquisitions, The Word Quote Or Quoter Is Substituted In Provision 52.212-1 For The Word Offer Or Offeror. addenda To Provision 52.212-1 Paragraph (b) Submission Of Offers: 1) Offerors Must Have An Active Entity Registration In The System For Award Management In Order To Submit An Offer. Https://www.sam.gov/sam/ 2) Offers Submitted In Response To This Solicitation Shall Include A Technical Proposal, A Price Proposal, And Contractor Representations And Certifications. A) Technical Proposal – The Technical Proposal Shall Address The Evaluation Factors In 52.212-2. At A Minimum Technical Proposal Shall Include: Completed Questionnaire, Equipment Description, Back-up Plan, Emergency Plan. I) Past Performance – Provide A List Of Similar Projects Completed By Your Firm Over The Past Three Years. Include A Brief Description Of The Project, Dollar Amount, Year Completed, And Project Owner Contact Information (name, Phone, And Email). The Government May Use Past Performance Information From Any Available Source. If A Company Does Not Have Past Performance Information Available, Information May Be Provided For Predecessor Companies, Key Personnel, Or Subcontractors. In The Event That There Is No Past Performance Information Available, The Offeror Will Receive A Neutral Rating In This Factor. Ii) Technical Capability – Provide A List Of Equipment And Key Personnel (with Qualifications) That Will Be Used To Complete This Project. B) Price Proposal – Include The Following: 1) The Completed Schedule Of Items From List Of Attachments, Attachment 05 Of This Solicitation, And 2) Acknowledgement Of Any Amendments To This Solicitation By Following The Instructions That Accompany The Amendment(s). C) Representations And Certifications – Fill In The Check Boxes For Provisions 52.204-24, 52.209-7, 52.212-3, And Employment Of Eligible Workers-workforce Certification Found In Paragraph X Of This Solicitation And Include A Copy With Your Offer. 3) Submit Offer By Email To Robert.briney@usda.gov So That It Is Delivered Into This Inbox By The Due Date And Time. Emails Should Contain 3 Separate Attachments (technical Proposal, Price Proposal, And Representations And Certifications) In Microsoft Word, Excel, Or Adobe Pdf Format. Be Aware That Large Attachments May Increase The Time Required To Deliver An Email. It Is The Offerors Responsibility To Confirm Receipt Of The Offer From Robert Briney, At Robert.briney@usda.gov. 4) Address Questions About This Solicitation To Robert Briney At Robert.briney@usda.gov. addenda To Provision 52.212-1 Paragraph (f) Late Submissions: replace (f)(2)(i) With The Following: any Offer, Modification, Revision, Or Withdrawal Of An Offer Received At The Government Office Designated In The Solicitation After The Exact Time Specified For Receipt Of Offers Is "late" And Will Not Be Considered Unless It Is Received Before Award Is Made And The Contracting Officer Determines That Accepting The Late Offer Would Not Unduly Delay The Acquisition. Delete 52.212-1 (f)(2)(i) Paragraphs A, B, & C. (ix) 52.212-2 Evaluation – Commercial Products And Commercial Services (nov 2021) (provision) (a) The Government Will Award A Contract Resulting From This Solicitation To The Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers: _price, Technical, And Past Performance _______________________________________ technical And Past Performance, When Combined, Are Equal To Price. (b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s). (c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer’s Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. (x) Representations And Certifications (complete Highlighted Items In This Section And Return With Your Offer) vendor Name: _____________________________________________ vendor Uei: _____________________________________________ 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (nov 2021) (provision) the Offeror Shall Not Complete The Representation At Paragraph (d)(1) Of This Provision If The Offeror Has Represented That It "does Not Provide Covered Telecommunications Equipment Or Services As A Part Of Its Offered Products Or Services To The Government In The Performance Of Any Contract, Subcontract, Or Other Contractual Instrument" In Paragraph (c)(1) In The Provision At 52.204-26, Covered Telecommunications Equipment Or Services—representation, Or In Paragraph (v)(2)(i) Of The Provision At 52.212-3, Offeror Representations And Certifications-commercial Products Or Commercial Services. The Offeror Shall Not Complete The Representation In Paragraph (d)(2) Of This Provision If The Offeror Has Represented That It "does Not Use Covered Telecommunications Equipment Or Services, Or Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services" In Paragraph (c)(2) Of The Provision At 52.204-26, Or In Paragraph (v)(2)(ii) Of The Provision At 52.212-3. (a) Definitions. As Used In This Provision— Backhaul, Covered Telecommunications Equipment Or Services, Critical Technology, Interconnection Arrangements, Reasonable Inquiry, Roaming, And Substantial Or Essential Component Have The Meanings Provided In The Clause 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (b) Prohibition. (1) Section 889(a)(1)(a) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2019, From Procuring Or Obtaining, Or Extending Or Renewing A Contract To Procure Or Obtain, Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. Nothing In The Prohibition Shall Be Construed To— (i) Prohibit The Head Of An Executive Agency From Procuring With An Entity To Provide A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or (ii) Cover Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Cannot Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles. (2) Section 889(a)(1)(b) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2020, From Entering Into A Contract Or Extending Or Renewing A Contract With An Entity That Uses Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. This Prohibition Applies To The Use Of Covered Telecommunications Equipment Or Services, Regardless Of Whether That Use Is In Performance Of Work Under A Federal Contract. Nothing In The Prohibition Shall Be Construed To— (i) Prohibit The Head Of An Executive Agency From Procuring With An Entity To Provide A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or (ii) Cover Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Cannot Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles. (c) Procedures. The Offeror Shall Review The List Of Excluded Parties In The System For Award Management (sam) (https://www.sam.gov) For Entities Excluded From Receiving Federal Awards For "covered Telecommunications Equipment Or Services". (d) Representation. The Offeror Represents That— (1) It ☐ Will, ☐ Will Not Provide Covered Telecommunications Equipment Or Services To The Government In The Performance Of Any Contract, Subcontract Or Other Contractual Instrument Resulting From This Solicitation. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(1) Of This Section If The Offeror Responds "will" In Paragraph (d)(1) Of This Section; And (2) After Conducting A Reasonable Inquiry, For Purposes Of This Representation, The Offeror Represents That— It ☐ Does, ☐ Does Not Use Covered Telecommunications Equipment Or Services, Or Use Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(2) Of This Section If The Offeror Responds "does" In Paragraph (d)(2) Of This Section. (e) Disclosures. (1) Disclosure For The Representation In Paragraph (d)(1) Of This Provision. If The Offeror Has Responded "will" In The Representation In Paragraph (d)(1) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer: (i) For Covered Equipment— (a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Original Equipment Manufacturer (oem) Or A Distributor, If Known); (b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And (c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision. (ii) For Covered Services— (a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or (b) If Not Associated With Maintenance, The Product Service Code (psc) Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision. (2) Disclosure For The Representation In Paragraph (d)(2) Of This Provision. If The Offeror Has Responded "does" In The Representation In Paragraph (d)(2) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer: (i) For Covered Equipment— (a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Oem Or A Distributor, If Known); (b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And (c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision. (ii) For Covered Services— (a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or (b) If Not Associated With Maintenance, The Psc Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision. 52.212-3 Offeror Representations And Certifications – Commercial Products And Commercial Services (sep 2023) (deviation Nov 2022) (provision) [if Offeror Representations And Certifications Are Not Complete In Sam The Offeror Shall Submit A Completed Copy Of The Provision At 52.212-3, Offeror Representations And Certifications-commercial Products And Commercial Services, With Your Offer. The Full Provision Is Available From Http://www.acquisition.gov/far/. if Offeror Representations And Certifications Are Complete In Sam, The Offeror Shall Complete The Following:] (b)(1) Annual Representations And Certifications. Any Changes Provided By The Offeror In Paragraph (b)(2) Of This Provision Do Not Automatically Change The Representations And Certifications In Sam. (2) The Offeror Has Completed The Annual Representations And Certifications Electronically In Sam Accessed Through Http://www.sam.gov. After Reviewing Sam Information, The Offeror Verifies By Submission Of This Offer That The Representations And Certifications Currently Posted Electronically At Far 52.212-3, Offeror Representations And Certifications-commercial Products And Commercial Services, Have Been Entered Or Updated In The Last 12 Months, Are Current, Accurate, Complete, And Applicable To This Solicitation (including The Business Size Standard(s) Applicable To The Naics Code(s) Referenced For This Solicitation), At The Time This Offer Is Submitted And Are Incorporated In This Offer By Reference (see Far 4.1201), Except For Paragraphs ______________. [offeror To Identify The Applicable Paragraphs At (c) Through (v) Of This Provision That The Offeror Has Completed For The Purposes Of This Solicitation Only, If Any. Write “none” If There Are No Changes Needed To Your Online Reps And Certs. (xi) 52.212-4 Contract Terms And Conditions – Commercial Products And Commercial Services (dec 2022) (deviation 2017-1) (xii) 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders– Commercial Products And Commercial Services (sep 2023) (deviation 2017-1) (a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: (1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (2) 52.204-23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (nov 2021) (section 1634 Of Pub. L. 115-91). (3) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115-232). (4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015) (5) 52.232-40, Providing Accelerated Payments To Small Business Subcontractors (mar 2023) (31 U.s.c.3903 And 10 U.s.c. 3801) (6) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553). (7) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 (19 U.s.c. 3805note)). (b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: [contracting Officer Check As Appropriate.] ☒ (1) 52.203-6, Restrictions On Subcontractor Sales To The Government (june 2020), With Alternate I (nov 2021) (41 U.s.c. 4704 And 10 U.s.c. 4655). ☐ (2) 52.203-13, Contractor Code Of Business Ethics And Conduct (nov 2021) (41 U.s.c. 3509)). ☐ (3) 52.203-15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.) ☒ (4) 52.203-17, Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (jun 2020) (deviation 2017-1) (whistleblower Guidance To Contractor Employees) ☒ (5) 52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109-282) (31 U.s.c. 6101 Note). ☐ (6) 52.204-14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111-117, Section 743 Of Div. C). ☐ (7) 52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111-117, Section 743 Of Div. C). ☒ (8) 52.204-27, Prohibition On A Bytedance Covered Application (jun 2023) (section 102 Of Division R Of Pub. L. 117-328). ☒ (9) 52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (nov 2021) (31 U.s.c. 6101note). ☐ (10) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313). ☐ (11) [reserved]. ☐ (12) (i) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (oct 2022) (15 U.s.c.657a). ☐ (13) (i) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (oct 2022) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a). ☐ (14) [reserved] ☒ (15) (i) 52.219-6, Notice Of Total Small Business Set-aside (nov 2020) (15 U.s.c.644). ☐ (ii) Alternate I (mar 2020) Of 52.219-6. ☐ (16) (i) 52.219-7, Notice Of Partial Small Business Set-aside (nov 2020) (15 U.s.c. 644). ☐ (ii) Alternate I (mar 2020) Of 52.219-7. ☒ (17) 52.219-8, Utilization Of Small Business Concerns (sep 2023) (15 U.s.c. 637(d)(2) And (3)). ☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (sep 2023) (15 U.s.c. 637(d)(4)). ☐ (ii) Alternate I (nov 2016) Of 52.219-9. ☐ (iii) Alternate Ii (nov 2016) Of 52.219-9. ☐ (iv) Alternate Iii (jun 2020) Of 52.219-9. ☐ (v) Alternate Iv (sep 2023) Of 52.219-9. ☐ (19) (i) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)). ☐ (ii) Alternate I (mar 2020) Of 52.219-13 ☒ (20) 52.219-14, Limitations On Subcontracting (oct 2022) (15 U.s.c.637s) [contracting Officer Check As Appropriate.] ☐ By The End Of The Base Term Of The Contract And Then By The End Of Each Subsequent Option Period; Or ☐ By The End Of The Performance Period For Each Order Issued Under The Contract. ☐ (21) 52.219-16, Liquidated Damages-subcontracting Plan (sep 2021) (15 U.s.c. 637(d)(4)(f)(i)). ☐ (22) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (oct 2022) (15 U.s.c. 657f). ☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (sep 2023) (15 U.s.c. 632(a)(2)). ☐ (ii) Alternate I (mar 2020) Of 52.219-28. ☐ (24) 52.219-29, Notice Of Set-aside For, Or Sole Source Award To, Economically Disadvantaged Women-owned Small Business Concerns (oct 2022) (15 U.s.c. 637(m)). ☐ (25) 52.219-30, Notice Of Set-aside For, Or Sole Source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (oct 2022) (15 U.s.c. 637(m)). ☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)). ☐ (27) 52.219-33, Nonmanufacturer Rule (sep 2021) (15 U.s.c. 637(a)(17)). ☒ (28) 52.222-3, Convict Labor (jun 2003) (e.o.11755). ☐ (29) 52.222-19, Child Labor-cooperation With Authorities And Remedies (dec 2022) (e.o.13126). ☒ (30) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). ☒ (31) (i) 52.222-26, Equal Opportunity (sep 2016) (e.o.11246). ☐ (ii) Alternate I (feb 1999) Of 52.222-26. ☒ (32) (i) 52.222-35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212). ☐ (ii) Alternate I (jul 2014) Of 52.222-35. ☒ (33) (i) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c.793). ☐ (ii) Alternate I (jul 2014) Of 52.222-36. ☒ (34) 52.222-37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212). ☒ (35) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). ☒ (36) (i) 52.222-50, Combating Trafficking In Persons (nov 2021) (22 U.s.c. Chapter 78 And E.o. 13627). ☐ (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter78 And E.o. 13627). ☒ (37) 52.222-54, Employment Eligibility Verification (may 2022). (executive Order 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Products Or Commercial Services As Prescribed In Far 22.1803.) ☐ (38) (i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa–designated Items (may 2008) (42 U.s.c. 6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.) ☐ (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.) ☐ (39) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693). ☐ (40) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693). ☐ (41) (i) 52.223-13, Acquisition Of Epeat®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514). ☐ (ii) Alternate I (oct 2015) Of 52.223-13. ☐ (42) (i) 52.223-14, Acquisition Of Epeat®-registered Televisions (jun 2014) (e.o.s 13423 And 13514). ☐ (ii) Alternate I (jun 2014) Of 52.223-14. ☐ (43) 52.223-15, Energy Efficiency In Energy-consuming Products (may 2020) (42 U.s.c. 8259b). ☐ (44) (i) 52.223-16, Acquisition Of Epeat®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514). ☐ (ii) Alternate I (jun 2014) Of 52.223-16. ☒ (45) 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513). ☐ (46) 52.223-20, Aerosols (jun 2016) (e.o. 13693). ☐ (47) 52.223-21, Foams (jun 2016) (e.o. 13693). ☐ (48) (i) 52.224-3 Privacy Training (jan 2017) (5 U.s.c. 552 A). ☐ (ii) Alternate I (jan 2017) Of 52.224-3. ☐ (49)(i) 52.225-1, Buy American-supplies (oct 2022) (41 U.s.c. Chapter 83). ☐(ii) Alternate I (oct 2022) Of 52.225-1 ☐ (50) (i) 52.225-3, Buy American-free Trade Agreements-israeli Trade Act (dec 2022) (19 U.s.c. 3301 Note, 19 U.s.c. 2112 Note, 19 U.s.c. 3805 Note, 19 U.s.c. 4001 Note, 19 U.s.c. Chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43. ☐(ii) Alternate I [reserved] ☐(iii) Alternate Ii (dec 2022) Of 52.225-3. ☐(iv) Alternate Iii (jan 2021) Of 52.225-3. ☐(v) Alternate Iv (oct 2022) Of 52.225-3. ☐ (51) 52.225-5, Trade Agreements (dec 2022) (19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note). ☒ (52) 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021) (e.o.’s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). ☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). ☐ (54) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150). ☐ (55) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150). ☐ (56) 52.229-12, Tax On Certain Foreign Procurements (feb 2021). ☐ (57) 52.232-29, Terms For Financing Of Purchases Of Commercial Products And Commercial Services (nov 2021) (41 U.s.c.4505, 10 U.s.c.3805). ☐ (58) 52.232-30, Installment Payments For Commercial Products And Commercial Services (nov 2021) (41 U.s.c.4505, 10 U.s.c.3805). ☒ (59) 52.232-33, Payment By Electronic Funds Transfer-system For Award Management (oct 2018) (31 U.s.c. 3332). ☐ (60) 52.232-34, Payment By Electronic Funds Transfer-other Than System For Award Management (jul 2013) (31 U.s.c.3332). ☐ (61) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c.3332). ☐ (62) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a). ☐ (63) 52.242-5, Payments To Small Business Subcontractors (jan 2017) (15 U.s.c. 637(d)(13)). ☐ (64) (i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) (46 U.s.c. 55305 And 10 U.s.c. 2631). ☐ (ii) Alternate I (apr 2003) Of 52.247-64. ☐ (iii) Alternate Ii (nov 2021) Of 52.247-64. (c) The Contractor Shall Comply With The Far Clauses In This Paragraph (c), Applicable To Commercial Services, That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: contracting Officer Check As Appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67). ☒ (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). in Compliance With The Service Contract Labor Standards Statute And The Regulations Of The Secretary Of Labor (29 Cfr Part 4), This Clause Identifies The Classes Of Service Employees Expected To Be Employed Under The Contract And States The Wages And Fringe Benefits Payable To Each If They Were Employed By The Contracting Agency Subject To The Provisions Of 5 U.s.c.5341 Or 5 332. this Statement Is For Information Only: It Is Not A Wage Determination employee Class Monetary Wage/fringe Benefits heavy Equipment Operator Gs-7 $23.87 Per Hour ☒ (3) 52.222-43, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (multiple Year And Option Contracts) (aug 2018) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). ☐ (4) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). ☐ (5) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may 2014) (41 U.s.c. Chapter 67). ☐ (6) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements (may 2014) (41 U.s.c. Chapter 67). ☒ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022). ☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706). ☐ (9) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). (d) Comptroller General Examination Of Record. The Contractor Shall Comply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of The Simplified Acquisition Threshold, As Defined In Far 2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At 52.215-2, Audit And Records-negotiation. (1) The Comptroller General Of The United States, Or An Authorized Representative Of The Comptroller General, Shall Have Access To And Right To Examine Any Of The Contractor’s Directly Pertinent Records Involving Transactions Related To This Contract. (2) The Contractor Shall Make Available At Its Offices At All Reasonable Times The Records, Materials, And Other Evidence For Examination, Audit, Or Reproduction, Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart 4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminated Shall Be Made Available For 3 Years After Any Resulting Final Termination Settlement. Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Of Claims Arising Under Or Relating To This Contract Shall Be Made Available Until Such Appeals, Litigation, Or Claims Are Finally Resolved. (3) As Used In This Clause, Records Include Books, Documents, Accounting Procedures And Practices, And Other Data, Regardless Of Type And Regardless Of Form. This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law. (e) (1) Notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1), In A Subcontract For Commercial Products Or Commercial Services. Unless Otherwise Indicated Below, The Extent Of The Flow Down Shall Be As Required By The Clause- (i) 52.203-13, Contractor Code Of Business Ethics And Conduct (nov 2021) (41 U.s.c. 3509). (ii) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (iii) 52.204-23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (nov 2021) (section 1634 Of Pub. L. 115-91). (iv) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115-232). (v) 52.204-27, Prohibition On A Bytedance Covered Application (jun 2023) (section 102 Of Division R Of Pub. L. 117-328) (v) 52.219-8, Utilization Of Small Business Concerns (sep 2023) (15 U.s.c.637(d)(2) And (3)), In All Subcontracts That Offer Further Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219-8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities. (vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). (vii) 52.222-26, Equal Opportunity (sep 2015) (e.o.11246). (viii) 52.222-35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c.4212). (ix) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c.793). (x) 52.222-37, Employment Reports On Veterans (jun 2020) (38 U.s.c.4212). (xi) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). Flow Down Required In Accordance With Paragraph (f) Of Far Clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67). (xiii) (a) 52.222-50, Combating Trafficking In Persons (nov 2021) (22 U.s.c. Chapter 78 And E.o 13627). (b) Alternate I (mar 2015) Of 52.222-50(22 U.s.c. Chapter 78 And E.o 13627). (xiv) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may 2014) (41 U.s.c. Chapter 67). (xv) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements (may 2014) (41 U.s.c. Chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (may 2022) (e.o. 12989). (xvii) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706). (xix) (a) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a). (b) Alternate I (jan 2017) Of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). (xxi) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6. (xxii) 52.232-40, Providing Accelerated Payments To Small Business Subcontractors (mar 2023) (31 U.s.c. 3903 And 10 U.s.c. 3801) (xxiii) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) (46 U.s.c. 55305 And 10 U.s.c.2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause 52.247-64. (2) While Not Required, The Contractor May Include In Its Subcontracts For Commercial Products And Commercial Services A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. (xiii) Additional Requirements/terms And Conditions: clauses: 52.203-3 Gratuities (apr 1984) 52.204-4 Printed Or Copied Double-sided On Postconsumer Fiber Content Paper (may 2011) 52.204-13 System For Award Management Maintenance (oct 2018) 52.217-8 Option To Extend Services (nov 1999) the Government May Require Continued Performance Of Any Services Within The Limits And At The Rates Specified In The Contract. These Rates May Be Adjusted Only As A Result Of Revisions To Prevailing Labor Rates Provided By The Secretary Of Labor. The Option Provision May Be Exercised More Than Once, But The Total Extension Of Performance Hereunder Shall Not Exceed 6 Months. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within 30. 52.217-9 Option To Extend The Term Of The Contract (mar 2000) (a)the Government May Extend The Term Of This Contract By Written Notice To The Contractor Within 30 Days; Provided That The Government Gives The Contractor A Preliminary Written Notice Of Its Intent To Extend At Least 60days Before The Contract Expires. The Preliminary Notice Does Not Commit The Government To An Extension. (b)if The Government Exercises This Option, The Extended Contract Shall Be Considered To Include This Option Clause. (c)the Total Duration Of This Contract, Including The Exercise Of Any Options Under This Clause, Shall Not Exceed _5_ Years. 52.228-5 Insurance – Work On A Government Installation (jan 1997) 52.242-17 Government Delay Of Work (apr 1984) 52.252-2 Clauses Incorporated By Reference (feb 1998) this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es): federal Acquisition Regulation (far) Clauses: https://www.acquisition.gov/browse/index/far (far Clauses Begin With 52) department Of Agriculture Acquisition Regulation (agar) Clauses: Https://www.acquisition.gov/agar (agar Clauses Begin With 452) far And Agar Deviations To Clauses May Be Viewed At: Policies & Regulations | Usda 52.252-6 Authorized Deviations In Clauses (nov 2020) (a) The Use In This Solicitation Or Contract Of Any Federal Acquisition Regulation (48 Cfr Chapter 1) Clause With An Authorized Deviation Is Indicated By The Addition Of “(deviation)” After The Date Of The Clause. (b) The Use In This Solicitation Or Contract Of Any Agriculture Acquisition Regulation (48 Cfr 4) Clause With An Authorized Deviation Is Indicated By The Addition Of “(deviation)” After The Name Of The Regulation. 452.204-70 Modification For Contract Closeout (deviation Jul 2022) upon Contract Closeout For Contracts Utilizing Simplified Acquisition Procedures (sap) According To Far 13: (a) If Unobligated Funds In The Amount Of $1000 Or Less Remain On The Contract, The Contracting Officer (co) Shall Issue A Unilateral Modification For Deobligation. The Contractor Will Receive A Copy Of The Modification But Will Not Be Required To Provide A Signature. The Co Shall Immediately Proceed With Contract Closeout Upon Completion Of The Period Of Performance, Receipt And Acceptance Of Supplies Or Services, And Final Payment. (b) If Unobligated Funds Of More Than $1000 Remain On The Contract, The Co Shall Issue A Bilateral Modification For Deobligation. The Contractor Will Receive A Copy Of The Modification And Will Be Required To Provide A Signature. (the Co May Also Request A Release Of Claims Be Completed By The Contractor, Although Not Required For Contract And Orders Using Sap Procedures.) If The Bilateral Modification And Release Of Claims Are Not Returned To The Co Within 60 Days, The Co Shall Release The Modification As Unilateral And Proceed With Contract Closeout Upon Completion Of The Period Of Performance, Receipt And Acceptance Of Supplies Or Services, And Final Payment. 452.211-74 Period Of Performance (feb 1988) the Period Of Performance Of This Contract Is From 15 Dec 2023 Through 30 Nov 2024 With The Possibility Of Four Option Years Through 30 Nov 2028. 452.228-71 Insurance Coverage (nov 1996) pursuant To Far Clause 52.228-5, Insurance-work On A Government Installation, The Contractor Will Be Required To Present Evidence To Show, As A Minimum, The Amounts Of Insurance Coverage Indicated Below: (a) Workers Compensation And Employer's Liability. The Contractor Is Required To Comply With Applicable Federal And State Workers' Compensation And Occupational Disease Statutes. If Occupational Diseases Are Not Compensable Under Those Statutes, They Shall Be Covered Under The Employer's Liability Section Of The Insurance Policy, Except When Contract Operations Are So Commingled With A Contractor's Commercial Operations That It Would Not Be Practical To Require This Coverage. Employer's Liability Coverage Of At Least $100,000 Shall Be Required, Except In States With Exclusive Or Monopolistic Funds That Do Not Permit Worker's Compensation To Be Written By Private Carriers. (b) General Liability. (1) The Contractor Shall Have Bodily Injury Liability Coverage Written On A Comprehensive Form Of Policy Of At Least $500,000 Per Occurrence. (2) The Contractor Shall Have Property Damage Liability Insurance Shall Be Required In The Amount Of $500,000 Per Occurrence. (c) Automobile Liability. The Contractor Shall Have Automobile Liability Insurance Written On A Comprehensive Form Of Policy. The Policy Shall Provide For Bodily Injury And Property Damage Liability Covering The Operation Of All Automobiles Used In Connection With Performing The Contract. Policies Covering Automobiles Operated In The United States Shall Provide Coverage Of At Least $200,000 Per Person And 500,000 Per Occurrence For Bodily Injury And $20,000 Per Occurrence For Property Damage Or Loss. (d) Aircraft Public And Passenger Liability. When Aircraft Are Used In Connection With Performing The Contract, The Contractor Shall Have Aircraft Public And Passenger Liability Insurance. Coverage Shall Be At Least $200,000 Per Person And $500,000 Per Occurrence For Bodily Injury, Other Than Passenger Injury. Coverage For Passenger Injury Shall Be At Least $200,000 Multiplied By The Number Of Seats Or Passengers, Whichever Is Greater. 452.236-73 Archaeological Or Historic Sites (feb 1988) if A Previously Unidentified Archaeological Or Historic Site(s) Is Encountered, The Contractor Shall Discontinue Work In The General Area Of The Site(s) And Notify The Contracting Officer Immediately. 452.237-74 Key Personnel (feb 1988) (a) The Contractor Shall Assign To This Contract The Following Key Personnel: Primary Equipment Operator. (b) During The First Ninety (90) Days Of Performance, The Contractor Shall Make No Substitutions Of Key Personnel Unless The Substitution Is Necessitated By Illness, Death, Or Termination Of Employment. The Contractor Shall Notify The Contracting Officer Within 15 Calendar Days After The Occurrence Of Any Of These Events And Provide The Information Required By Paragraph (c) Below. After The Initial 90-day Period, The Contractor Shall Submit The Information Required By Paragraph (c) To The Contracting Officer At Least 15 Days Prior To Making Any Permanent Substitutions. (c) The Contractor Shall Provide A Detailed Explanation Of The Circumstances Necessitating The Proposed Substitutions, Complete Resumes For The Proposed Substitutes, And Any Additional Information Requested By The Contracting Officer. Proposed Substitutes Should Have Comparable Qualifications To Those Of The Persons Being Replaced. The Contracting Officer Will Notify The Contractor Within 15 Calendar Days After Receipt Of All Required Information Of The Decision On Substitutions. The Contract Will Be Modified To Reflect Any Approved Changes Of Key Personnel. provisions: 52.201-1 Acquisition 360: Voluntary Survey (sep 2023) (a)all Actual And Potential Offerors Are Encouraged To Provide Feedback On The Preaward And Debriefing Processes, As Applicable. Feedback May Be Provided To Agencies Up To 45 Days After Award. The Feedback Is Anonymous, Unless The Participant Self-identifies In The Survey. Actual And Potential Offerors Can Participate In The Survey By Selecting The Following Link: Https://www.acquisition.gov/360. (b)the Contracting Officer Will Not Review The Information Provided Until After Contract Award And Will Not Consider It In The Award Decision. The Survey Is Voluntary And Does Not Convey Any Protections, Rights, Or Grounds For Protest. It Creates A Way For Actual And Potential Offerors To Provide The Government Constructive Feedback About The Preaward And Debriefing Processes, As Applicable, Used For A Specific Acquisition. 52.204-7 System For Award Management (oct 2018) 52.204-16 Commercial And Government Entity Code Reporting (aug 2020) 52.217-5 Evaluation Of Options. (july 1990) except When It Is Determined In Accordance With Far 17.206(b) Not To Be In The Government’s Best Interests, The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. Evaluation Of Options Will Not Obligate The Government To Exercise The Option(s). 52.237-1 Site Visit (apr 1984) offerors Or Quoters Are Urged And Expected To Inspect The Site Where Services Are To Be Performed And To Satisfy Themselves Regarding All General And Local Conditions That May Affect The Cost Of Contract Performance, To The Extent That The Information Is Reasonably Obtainable. In No Event Shall Failure To Inspect The Site Constitute Grounds For A Claim After Contract Award. 52.252-1 Solicitation Provisions Incorporated By Reference (feb 1998) this Solicitation Incorporates One Or More Solicitation Provisions By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. The Offeror Is Cautioned That The Listed Provisions May Include Blocks That Must Be Completed By The Offeror And Submitted With Its Quotation Or Offer. In Lieu Of Submitting The Full Text Of Those Provisions, The Offeror May Identify The Provision By Paragraph Identifier And Provide The Appropriate Information With Its Quotation Or Offer. Also, The Full Text Of A Solicitation Provision May Be Accessed Electronically At This/these Address(es): federal Acquisition Regulation (far) Provisions: https://www.acquisition.gov/browse/index/far (far Provisions Begin With 52) department Of Agriculture Acquisition Regulation (agar) Provisions: Https://www.acquisition.gov/agar (agar Provisions Begin With 452) far And Agar Deviations To Provisions May Be Viewed At: Policies & Regulations | Usda 52.252-5 Authorized Deviations In Provisions (nov 2020) (a) The Use In This Solicitation Of Any Federal Acquisition Regulation (48 Cfr Chapter 1) Provision With An Authorized Deviation Is Indicated By The Addition Of "(deviation)" After The Date Of The Provision. (b) The Use In This Solicitation Of Any Agriculture Acquisition Regulation (48 Cfr Chapter 4) Provision With An Authorized Deviation Is Indicated By The Addition Of "(deviation)" After The Name Of The Regulation. (xiv) Defense Priorities And Allocation System (dpas) Rating: N/a (xv) Date, Time, And Place Offers Are Due 6 December 2023, 3:00 P.m. Pst, All Offers Must Be Emailed To Robert.briney@usda. (xvi) Government Point Of Contact Robert Briney, Contracting Officer, Robert.briney@usda.gov