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

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

Details: (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

Details: Long-Term Agreement (lta) with Companies Specialized in Communications & Part I - Purpose Unicef is Executing its Cooperation Cycle for the Period 2021-2025 (cpd), and its Priorities Require Permanent Support from the Communication Unit and The development of products, materials and communication actions that contribute to the results of the program. Likewise, the United Nations System (UNS) in Panama has a Cooperation Framework for Sustainable Development as an umbrella for the actions of all agencies, funds and programs. Communication and Advocacy Are Facilitators for the Fulfillment of the Development Goals That the Country Has Agreed to Through the CPD. To achieve these goals, the UNICEF Office and other SNU Offices in Panama will require companies that provide technical assistance in various areas of communication, advertising, marketing and event organization that can respond to the needs that arise from the date of Signing of the Contracts for a period of two years (2024 - 2026), in an agile manner, allowing them to advance in the Communication, Advocacy and Mobilization Goals that we have set for ourselves in working with National Authorities, Local Authorities, Counterparts of the Civil Society, Private Sector Allies, Universities and Others. Through these Terms of Reference, companies dedicated to the production of printed materials are invited to present their proposals with a view to signing a long-term agreement (LTA) with UNICEF, which will also be available to others. Snu Agencies. This Lta will allow not only to make administrative and contracting processes more efficient, but also to facilitate and strengthen the work of officials and specialists in the various areas, since by establishing long-term agreements with certain suppliers, they learn more about the work of Unicef and the United Nations, shortening the learning curve in each project, allowing for better quality products, in a more agile manner, that better respond to the needs of communication and advocacy actions. The Selected Company(s) must be able to commit to this Agreement (lta) for a period of two years, with the option of extending it for a third year, and must be available to deliver the products or services that will be requested of them, always. And when they appear in the list of products or services to be requested by Unicef or another United Nations Agency in Panama. Objective of the Contract To Establish Long Term Agreement (Lta) for Communications Management Services: O Press Office O Offline Content Development O Digital Content Development O Spokesperson Training Specific Activities To Be Completed To Achieve The Objectives See Annex Unicef in Panama, through the Communications Officer, will be responsible for the supervision of the contract and, in coordination with the specialists or program officers, will approve the activities, contents and products expected through this consultancy. The same process applies to other SNU Agencies that contract the service. Expected Products Attached List of Products to be Quoted (Annex A) Required Profile This Request for Proposal is only valid for local suppliers or those who have legal representation in Panama. Company With More Than 3 Years of Proven Experience in the Production/Printing of Materials Similar to Those Requested in Annex A. Attach CV and Work Portfolio of the Professionals Who Work in the Company. Company That Has Professionals With Good Management Of Different Technologies For The Preparation Of The Products Requested Through These Terms of Reference. Company that has professionals with a high level of responsibility to deliver the materials that are requested in the times that have been agreed between Unicef and the company. Previous experience working with UNICEF or another agency of the United Nations System will be positively valued. Experience in work with a focus on rights, equity and gender will be valued. Advice and creative, novel and innovative proposals will be valued to present information, data and transmit messages. Languages Required: Spanish and English (reading and writing) Discretion in the handling of important issues and data of a sensitive and confidential nature. Others: Sense of Responsibility and Meeting Dates. Selection Criteria Experience and Specialized Knowledge: 70 You must submit three letters of recommendation or evaluations from previous or current clients for whom printing projects for materials have been carried out 15 You must physically send at least five samples of the materials to the Unicef Offices Produced by the Company that demonstrate its experience in the services requested/quoted 40 Minimum experience of 3 years, Operation Notice 15 Relevance of the Economic Proposal: 30 Relevance of the Costs per Product (you must attach the Table of Costs per Product in Annex A ) Estimated Duration of the Agreement The Agreement will have a duration of two years from the signing of the contract, with the possibility of extending to three, based on the performance of the Supplier. Workplace Panama City. The Consulting Is For The Offices Of Unicef And Other Agencies Of The United Nations System In Panama, And The Legal Entity Can Be Local Or International Based In Panama. The Selected Company(s) must not have a physical presence in the UNICEF offices in Panama; However, it must/n have offices in Panama City to be able to physically accompany meetings, activities or other management that requires local support. Product Costs and Payment Conditions Payments upon delivery of product(s) AND to the satisfaction of the UNICEF Supervisor in Panama or the Contracting Agency. To receive payment, delivery of the original invoice will be necessary in accordance with the current regulations of Panama or the country where the document is issued. Payments will be credited to the Supplier's account after the invoice has been delivered to UNICEF in Panama or to the Contracting Agency, in accordance with the General Payment Terms and Conditions of the above. Payment to the Supplier in accordance with the Contract shall be subject to full and complete performance of the activities and products expected under the Contract to the full satisfaction of UNICEF in Panama or the Contracting Agency. Reception of Proposals The offeror will be a legal entity and must present a proposal that contains evidence of the experience and technical knowledge to carry out the consultancy, as well as an economic proposal that includes the costs for each product requested in Annex A. The proposals must Be Presented In Spanish. The Technical Proposal must be in a separate file from the Economic Proposal. The Proposals and Required Documentation Must Be Sent to the Email: Consultantpanama@unicef.org With Reference to the Number and Name of the Call to Which You Are Applying, Before the Closing Date. For any questions, contact us through that same email. Companies interested in participating in this process will be invited to a approval meeting to answer any questions about it. The Meeting Will Be Held Virtually On August 8, 2024. 2. Requirement 2.1 The Purpose Of This Request For Proposal For Services (“rfps”) Is To Invite Submissions To Hire A Company That is responsible for “establishing a long term agreement (long term agreement – Lta) for communications management services.” Under the Conditions Detailed in the Terms of Reference/Description of Work, Attached in Annex B 2.2 This Rfps Tender Document Will Be Composed of the Following: · This Document · The General Contracting Terms and Conditions (services) of UNICEF, Contained in Annex A · The Terms of Reference/Description of Work, Attached in Annex B · The Vendor Registration Template (mdm Vendor Template) as Annex C · Online Registration in the Ungm - United Nations Global Market – Link : https://www.ungm.org/account/registration 2.3 This Rfps Tender Document is an invitation and should not be construed as an offer that may be accepted or interpreted with any contractual or legal rights. There shall be no Contract, including a Process Contract or other understanding or arrangement, between the Proposer and UNICEF in relation to this Rfps Tender Document and there shall be nothing in or in relation to this Rfps Tender Document that would result in any obligation for Part Of Unicef, Unless And Until A Contract Is Signed By Unicef And The Bidding Party That Is Chosen. Part Ii – Proposal Submission Process 1. Proposal Submission Schedule Contractual Process The schedule for this process is as indicated below: · Publication Date on Ungm Site and by Mail: 07/31/2024 · Deadline for Question Period And Responses: 08/07/2024 Before 11:59 PM Panama Time They Can Be Sent to the Email Consultantpanama@unicef.org · Publication of Responses in Ungm: 08/09/2024 · Closing Date / Deadline for Submission of the Complete and Final Proposal: 08/21/2024 Before 23:59 Panama Time. · Proposal Opening Date: 08/22/2024 · Proposal Evaluation/Review Period: 08/23/2024 To 08/30/2024 Approximately · Award Notice By Mail And In Ungm: 09/02/2024 Approximately · Contract Preparation Period: From 09/03/2024 To 06/098/2024 Approximately · Estimated Contract Start Date: 10/15/2024 Approximately 1.1 Acknowledgment of Delivery of Tender Document. Proposers are required to inform UNICEF as soon as possible through the email Consultantpanama@unicef.org notifying that they have received this bidding document. 1.2 Questions From Proponents. Proposers must inform UNICEF through the email Consultantpanama@unicef.org if they have any questions related to this Reference Tender Document Lrps-2024-9191870 Establish a Long Term Agreement (Lta) for Services Communications Management. 1.3 The deadline to receive any questions is August 7, 2024 before 23:59 Panama Time. Proposers must present all their questions as clearly and precisely as possible. Proposers must immediately notify UNICEF in writing if there is any ambiguity, error, omission, discrepancy, inconsistency or other flaw in any part of the tender document, providing full detail. Proponents will not benefit from such ambiguities, errors, omissions, discrepancies, inconsistencies or other failures. Unicef Will Compile Questions Received. Unicef may, at its discretion, immediately copy any anonymous question and its response to all invited bidders and/or post it on the Unicef website and/or respond to the question at a conference. After the bidding conference, a question and answer document can be prepared and published on the UNICEF website. 1.4 Amendments to the Bidding Document At any time before the Submission Deadline, UNICEF may, for any reason, on its own initiative or in response to a clarification requested by a potential bidder, amend the Bidding Document. If the bidding document was publicly available online, the amendments will also be published online. Additionally, all potential bidders who have received the bidding document directly from UNICEF will be notified in writing of all amendments. In order to provide proponents with a reasonable period of time to take into account any amendments, UNICEF may, in its sole discretion, extend the submission period. 1.5 Deadline. The deadline for the submission of offers is as follows: Before 11:59 p.m. Panama time on August 21, 2024. Exclusively through the email Consultantpanama@unicef.org Any offer received after the submission deadline will be Rejected. It is extremely important that you send your technical and economic proposal in separate emails. The Title of the Email Must Start with the Reference Number of this Rfp, That is, Lrps-2024-9191870 Plus the Name of the Service or Offer, Example, Establishing a Long Term Agreement (Lta) for Management Services Of Communications - Technical Proposal And Another With The Economic Proposal. If this condition is not met, the proposal will be rejected. 1.6 Opening of Offers. Due to the nature of this Rfps, there will be no public opening of proposals.

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

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Repair And Rehabilitation Of Mapanas-rhu Barangay Del Norte, Mapanas Northern Samar Contract Reference No. 2024-11-094 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 7 Section Iii. Bid Data Sheet 35 Section Iv. General Conditions Of Contract 38 Section V. Special Conditions Of Contract 70 Section Vi. Specifications 72 Section Vii. Drawings 75 Section Viii. Bill Of Quantities Error! Bookmark Not Defined. Section Ix. Bidding Forms 77 Section X. Foreign-assisted Projects Error! Bookmark Not Defined. Section I. Invitation To Bid Bid Notice Abstract Invitation To Bid (itb) Republic Of The Philippines Province Of Northern Samar Municipality Of Mapanas Invitation To Bid For Project: Repair And Rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas N. Samar. The Lgu- Mapanas, Northern Samar, Through The Ldrrm Fund Of Fy 2023 Intends To Apply The Sum Of One Million Forty Nine Thousand Pesos 57/100 Only (p1,049,465.57) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas N. Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas, N. Samar. B. 5 Project Billboard/signboard 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization And Demobilization 1.00 Lot 801(7)a Removal Of Structures And Obstruction 1.00 Is 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. 902(1) A Reinforcing Steel, Deformed Grade 40 541.72 Kg 903 Formworks And Falseworks 53.38 Sq.m. 1047 Metal Structures 84.00 In.m 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. 1046 Masonry Works 75.60 Sq.m. 1003 Carpentry And Joinery Works 38.78 Sq.m. 1005 Doors And Windows 3.00 Sets 1002 Plumbing Works 1.00 Lot 1032 Painting Varnishing And Other Related Works 411.00 Sq.m. 1101 Wires And Wiring Devices 1.00 Is 1002 (1) Panel Board With Main Breaker And Branc 1.00 Is 1103 Lighting Fixtures And Lamps 1.00 Is Spcl1 Signages 1.00 Lot Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From November 06, 2024-november 26, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 5. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On November, 15, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of November 26, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before November 26, 2024 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas, N. Samar. B. 5 Project Billboard/signboard 1.00 Lot B.7 Construction Safety And Health 1.00 Lot B.9 Mobilization And Demobilization 1.00 Lot 801(7)a Removal Of Structures And Obstruction 1.00 Is 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. 902(1) A Reinforcing Steel, Deformed Grade 40 541.72 Kg 903 Formworks And Falseworks 53.38 Sq.m. 1047 Metal Structures 84.00 In.m 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. 1046 Masonry Works 75.60 Sq.m. 1003 Carpentry And Joinery Works 38.78 Sq.m. 1005 Doors And Windows 3.00 Sets 1002 Plumbing Works 1.00 Lot 1032 Painting Varnishing And Other Related Works 411.00 Sq.m. 1101 Wires And Wiring Devices 1.00 Is 1002 (1) Panel Board With Main Breaker And Branc 1.00 Is 1103 Lighting Fixtures And Lamps 1.00 Is Spcl1 Signages 1.00 Lot Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From November 06, 2024-november 25, 2024, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On November 15, 2024 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of November 26, 2024 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi. Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2. The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1. Unless Otherwise Specified In The Bds, The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Collusive Practice; And/or Threatening, Harassing Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3. Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1. All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2. In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And (d) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1. Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2. The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3. Government Corporate Entities May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Dependent Agencies Of The Gop Or The Procuring Entity. 5.4. (a) Unless Otherwise Provided In The Bds, The Bidder Must Have Completed, Within Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The National Statistics Office Consumer Price Index. (b) For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In Thebds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5. The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Or A Commitment From A Universal Or Commercial Bank To Extend A Credit Line In Its Favor If Awarded The Contract For This Project (clc). The Nfcc, Computed Using The Following Formula, Must Be At Least Equal To The Abc To Be Bid: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 10 For A Contract Duration Of One Year Or Less, 15 For A Contract Duration Of More Than One Year Up To Two Years, And 20 For A Contract Duration Of More Than Two Years. The Clc Must Be At Least Equal To Ten Percent (10%) Of The Abc For This Project. If Issued By A Foreign Bank, It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank. In The Case Of Local Government Units (lgus), The Bidder May Also Submit Clc From Other Banks Certified By The Bangko Sentral Ng Pilipinas (bsp) As Authorized To Issue Such Financial Instrument. 6. Bidder’s Responsibilities 6.1. The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix. Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2. The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb; (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Act In Relation To Other Provisions Of Republic Act 3019; And (j) Complying With Existing Labor Laws And Standards, If Applicable. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 6.4. It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. 6.6. Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7. The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8. Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1. Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2. Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed. 8.3. The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of Bidding Documents 9. Pre-bid Conference 9.1. (a) If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. (b) The Pre-bid Conference Shall Be Held At Least Twelve (12) Calendar Days Before The Deadline For The Submission Of And Receipt Of Bids. If The Procuring Entity Determines That, By Reason Of The Method, Nature, Or Complexity Of The Contract To Be Bid, Or When International Participation Will Be More Advantageous To The Gop, A Longer Period For The Preparation Of Bids Is Necessary, The Pre-bid Conference Shall Be Held At Least Thirty (30) Calendar Days Before The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. 9.2. Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents As Recorded In The Minutes Of The Pre-bid Conference And The Supplemental/bid Bulletin. 9.3. Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1. Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2. Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. Unless, Otherwise Provided In The Bds, It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components 12.1. Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents – Class "a" Documents: (i) Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cooperative Development Authority (cda) For Cooperatives, Or Any Proof Of Such Registration As Stated In The Bds; (ii) Mayor’s Permit Issued By The City Or Municipality Where The Principal Place Of Business Of The Prospective Bidder Is Located; (iii) Statement Of All Its Ongoing And Completed Government And Private Contracts Within Ten (10) Years From The Submission Of Bids, Including Contracts Awarded But Not Yet Started, If Any. The Statement Shall Include, For Each Contract, The Following: (iii.1) Name Of The Contract; (iii.2) Date Of The Contract; (iii.3) Contract Duration; (iii.4) Owner’s Name And Address; (iii.5) Nature Of Work; (iii.6) Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; (iii.7) Total Contract Value At Award; (iii.8) Date Of Completion Or Estimated Completion Time; (iii.9) Total Contract Value At Completion, If Applicable; (iii.10) Percentages Of Planned And Actual Accomplishments, If Applicable; (iii.11) Value Of Outstanding Works, If Applicable; (iii.12) The Statement Shall Be Supported By The Notices Of Award And/or Notices To Proceed Issued By The Owners; And (iii.13) The Statement Shall Be Supported By The Constructors Performance Evaluation System (cpes) Rating Sheets, And/or Certificates Of Completion And Owner’s Acceptance, If Applicable; (iv) Unless Otherwise Provided In The Bds, Valid Philippine Contractors Accreditation Board (pcab) License And Registration For The Type And Cost Of The Contract For This Project; (v) Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; (vi) Nfcc Computation Or Clc In Accordance With Itb Clause 5.5; And Class "b" Document: (vii) If Applicable, Valid Joint Venture Agreement (jva) Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents – (i) Bid Security As Prescribed In Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: (i.1) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.2) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; And (ii.3) List Of Contractor’s Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project; And (iii) Sworn Statement In Accordance With Section 25.2(b)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix. Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1. Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form In Accordance With The Form Prescribed In Section Ix. Bidding Forms; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2. (a) Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. (b) Unless Otherwise Indicated In The Bds, For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: (i) Bidding Documents Are Obtainable Free Of Charge On A Freely Accessible Website. If Payment Of Bidding Documents Is Required By The Procuring Entity, Payment Could Be Made Upon The Submission Of Bids. (ii) The Procuring Entity Has Procedures In Place To Ensure That The Abc Is Based On Recent Estimates Made By The Engineer Or The Responsible Unit Of The Procuring Entity And That The Estimates Are Based On Adequate Detailed Engineering (in The Case Of Works) And Reflect The Quality, Supervision And Risk And Inflationary Factors, As Well As Prevailing Market Prices, Associated With The Types Of Works Or Goods To Be Procured. (iii) The Procuring Entity Has Trained Cost Estimators On Estimating Prices And Analyzing Bid Variances. In The Case Of Infrastructure Projects, The Procuring Entity Must Also Have Trained Quantity Surveyors. (iv) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. (v) The Procuring Entity Has Established A Monitoring And Evaluation System For Contract Implementation To Provide A Feedback On Actual Total Costs Of Goods And Works. 14. Alternative Bids 14.1. Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2. Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3. Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1. The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder. 15.2. The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3. All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4. All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Specified In Gcc Clause 48. Price Escalation May Be Allowed In Extraordinary Circumstances As May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. Furthermore, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 16. Bid Currencies 16.1. All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1. Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2. In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1. The Bid Security In The Amount Stated In The Bds Shall Be Equal To The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (equal To Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Five Percent (5%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security For Biddings Conducted By Local Government Units, The Bidder May Also Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. 18.2. The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3. No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4. Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5. The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; (iv) Submission Of Eligibility Requirements Containing False Information Or Falsified Documents; (v) Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding; (vi) Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; (vii) Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid; (viii) Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; (ix) Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification; (x) Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; (xi) Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or (xii) All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32. 19. Format And Signing Of Bids 19.1. Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix. Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2. Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3. The Bidder Shall Prepare An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 19.4. The Bid, Except For Unamended Printed Literature, Shall Be Signed, And Each And Every Page Thereof Shall Be Initialed, By The Duly Authorized Representative/s Of The Bidder. 19.5. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1. Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2. Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4. All Envelopes Shall: (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 10.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Invitation To Bid; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5. If Bids Are Not Sealed And Marked As Required, The Procuring Entity Will Assume No Responsibility For The Misplacement Or Premature Opening Of The Bid. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity. 23. Modification And Withdrawal Of Bids 23.1. The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2. A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. 23.3. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4. No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.2. Unless Otherwise Specified In The Bds, Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.1(b), The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.3. Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. 24.4. If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.5. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.6. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance. 24.7. A Bidder Determined As “failed” Has Three (3) Calendar Days Upon Written Notice Or, If Present At The Time Of Bid Opening, Upon Verbal Notification Within Which To File A Request For Reconsideration With The Bac: Provided, However, That The Request For Reconsideration Shall Not Be Granted If It Is Established That The Finding Of Failure Is Due To The Fault Of The Bidder Concerned: Provided, Further, That The Bac Shall Decide On The Request For Reconsideration Within Seven (7) Calendar Days From Receipt Thereof. If A Failed Bidder Signifies His Intent To File A Request For Reconsideration, The Bac Shall Keep The Bid Envelopes Of The Said Failed Bidder Unopened And/or Duly Sealed Until Such Time That The Request For Reconsideration Or Protest Has Been Resolved. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1. Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless N The Case Of Itb Clause 26. 25.2. Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered 27. Detailed Evaluation And Comparison Of Bids 27.1. The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2. In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3. The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. The Bac Shall Consider The Following In The Evaluation Of Bids: (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications If Expressly Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4. Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered, Unless Otherwise Indicated In The Bds. 27.5. The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form 27.6. Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1. The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2. Within A Non-extendible Period Of Three (3) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Tax Clearance Per Executive Order 398, Series Of 2005; (b) Latest Income And Business Tax Returns In The Form Specified In The Bds; (c) Certificate Of Philgeps Registration; And (d) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Requirements Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 28.3. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 28.4. If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5. A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6. Within A Period Not Exceeding Seven (7) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. In The Case Of Government Owned And Government-owned And/or -controlled Corporations (goccs) And Government Financial Institutions (gfis), The Period Provided Herein Shall Be Fifteen (15) Calendar Days. 29. Reservation Clause 29.1. Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2. Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made. F. Award Of Contract 30. Contract Award 30.1. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb). 30.2. Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Following Documents Within The Prescribed Period From Receipt By The Bidder Of The Notice That It Has The Lowest Calculated And Responsive Bid: (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv); (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required. 31. Signing Of The Contract 31.1. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity. 31.3. The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4. The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Credit Line In Accordance With Itb Clause 5.5, If Applicable; (f) Notice Of Award Of Contract; And (g) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1. To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Equal To The Percentage Of The Total Contract Price As Stated In The Bds In Accordance With The Following Schedule: 33. 33.1. Form Of Performance Security Amount Of Performance Security (equal To Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Any Combination Of The Foregoing. Proportionate To Share Of Form With Respect To Total Amount Of Security 33.2. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1. Within Three (3) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed To The Bidder. 34.2. The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is Lgu- Mapanas, Northern Samar. The Name Of The Contract Is Repair/rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2024-11-094___ 2 The Funding Source Is: Trust Fund (edf) For Fy 2023. The Name Of The Project Is: Repair/rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On November 15, 2024 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php1,049,465.57 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 120 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 20,989.31 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P52,473.28 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On November 26, 2024. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is November 26, 2024 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 90 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte, Mapanas, N. Samar. B. 5 Project Billboard/signboard 1.00 Lot Lot B.7 Construction Safety And Health 1.00 Lot Lot B.9 Mobilization And Demobilization 1.00 Lot Lot 801(7)a Removal Of Structures And Obstruction 1.00 Is Is 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. Cu.m. 902(1) A Reinforcing Steel, Deformed Grade 40 541.72 Kg. Kg 903 Formworks And Falseworks 53.38 Sq.m. Sq.m. 1047 Metal Structures 84.00 In.m. In.m 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. Sq.m. 1046 Masonry Works 75.60 Sq.m. Sq.m. 1003 Carpentry And Joinery Works 38.78 Sq.m. Sq.m. 1005 Doors And Windows 3.00 Sets Sets 1002 Plumbing Works 1.00 Lot Lot 1032 Painting Varnishing And Other Related Works 411.00 Sq.m. Sq.m. 1101 Wires And Wiring Devices 1.00 Is Is 1002 (1) Panel Board With Main Breaker And Branc 1.00 Is Is 1103 Lighting Fixtures And Lamps 1.00 Is Is Spcl1 Signages 1.00 Lot Lot 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Skilled Workers 3 Welder 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Repair/rehabilitation Of Mapanas Rhu Location : Brgy. Del Norte, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billborad/signboard 1.00 Lot A. Material A. Tarpaulin ( 4’x8’) 1.00 Set B. Plywood Marine (1/4”x1.2mx2.44) 1.00 Pc C. Coco Lumber, 2”x3”x12” 42.00 Bd.ft. D. Common Nails Assorted 0.50 Kg B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) (1 Gang = Foreman 1 Carpenter, 1 Laborer 1.00 1.00 E. Labor Requirement Foreman 1.00 1.00 Skilled Carpenter 1.00 1.00 Unskilled 1.00 1.00 B. 7 Construction Safety And Health 1.00 Lot A Material A. Safety Helmet 5.00 Pc B. Safety Shoes 5.00 Pc C. Safety Vest 5.00 Pc D. Working Gloves 5.00 Pc E. Face Mask (surgical/cloth) 5.00 Box F. Eye Goggles 5.00 Pc G. Sanitizing Solution 3.00 Lit H. Ethyl Alcohol 3.00 Lit I. Disinfectant Spray 3.00 Can J. Liquid Hand Soap 3.00 Lit B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) E. Labor Requirement A. Safety Officer 1.00 15.00 B. Health Personnel (full Time First Aider) 1.00 15.00 C. Sanitation Aide 1.00 15.00 B. 9 Mobilization And Demobilization 1.00 Lot A. Material B. Freight And Handling C. Name And Capacity Equipment Cargo/service Truck (2-5mt) 1.00 2.00 D. Labor Derivation (subsidiary Work Description) E. Labor Requirement 900(1)c1 Structural Concrete (class A), 28 Days 9.15 Cu.m. A. Material A Portland Cement, Typ1 1 83.00 Bag B. Gravel, ¾” 8.00 Cu.m. C. Sand, Washed 5.00 Cu.m. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) E. Labor Requirement Foreman 1.00 2.00 Skilled Mason 2.00 2.00 Unskilled 8.00 2.00 I Total Estimated Direct Cost Ii Indirect Cost Ocm (up To 12-15%) Contractor’s Profit Cost (8-10%) Vat (5%) Iii A. Material A. Rsb, Deformed, 10mmo 34 Pcs B. Rsb, Deformed, 12mmo 78 Pcs. C. Tie Wire# 16 10.00 Kg B. Freight And Handling C. Name And Capacity Of Equipment Bar Cutter, Single Phase 1.00 2.00 D. Labor Derivation (subsidiary Work Description) (1 Gang=1-foreman, 1 Steelman, 1-laborer 80kgs/day/gang 541.72 80.00 E. Labor Requirement Foreman 1 2.00 Skilled Steel Man 4.00 2.00 Unskilled 4.00 2.00 I Total Estimated Direct Cost Ii Indirect Cost Ocm (up To 12-15%) Contractor’s Profit, Cost (8-10%) Vat (5%) 1047 Metal Structures A. Material A. Tubular 2”x4”x6m 14.00 Pc B. Sliding Mechanism 1.00 Set C. Grinding Desk 8.00 Pc D. Cutting Desk 20.00 Pc E. Welding Rod 25.00 Kg F. Paint Red Lead 1.00 Gal G. Paint Brush, 2” 4.00 Pc H. Epoxy Paint Finish 2.00 Gal I. Barrel Bolt Set Padlock 1.00 Set B. Freight And Handling C. Name And Capacity Of Equipment Welding Machine, Electric Driven/dc Outpit 1.00 10.00 D. Labor Derivation (subsidiary Work Description) 84.00 9.00 E. Labor Requirement Foreman 1.00 10.00 Skilled Welder 2.00 10.00 Unskilled 3.00 10.00 I Total Estimated Direct Cost Ii Indirect Cost Ocm (up To 12-15%) Contractor’s Profit Cost (8-10%) Vat (5%) 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. A. Pre-painted Metal Roofing Sheet Ga. 24x2.44m.) 9.00 In.m. B. J Bolt 1/4x21”, With Nut And Bonded Washer 72.00 Pc. C. Touchup Paint 4.00 L D. Paint Brush, 2” 2.00 Pc E. Pre-painted Metal Ridge Cap Ga. 24x2.44m 6.00 Pc F. Pre-painted Metal End Wall Flashing Ga. 24x2.44m 3.00 Pc G. Pre-painted Metal Gutter Ga. 24x2.44m 18.00 Pc B. Freight And Handling C. Name And Capacity Of Equipment A.scaffolding 1.00 3.00 D. Labor Derivation (subsidiary Work Description) Roofing Sheets Installation Install: 1 Gang= 1foreman, 1 Carpenter, 3- Laborers 9.00 20.00 Roofing Gutter, Wall Flashing And Ridge Cap Installation Install: 1 Gang=1-foreman, 1-carpenter, 3-laborers Capability: 12 Pcs/day/gang 27.00 12.00 E. Labor Requirement Foreman 1.00 3.00 Skilled Carpenter 1.00 3.00 Unskilled 3.00 3.00 I. Total Estimated Direct Cost Ii. Indirect Cost Ocm (up To 12-15%) Contractor’s Profit Cost (8-10%) Vat (5%) 1046 Masonry Works 75.60 Sq.m. A Material Chb Laying A. Chb Ordinary, 4” 331.00 Pc. B. Portland Cement, Type I 20.00 Bag C. Sand, Washed 1.00 Cu.m. D. Rsb, Deformed, 10mmo 18.00 Pcs. E. Tie Wire # 16 5.00 Kg F. Hacksaw Blade, Heavy Duty 2.00 Pc. G. Concrete Baluster 306 Pcs. Plastering A. Portland Cement, Type 1 10.00 Bag B. Sand, Washed 1.00 Cu.m. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Chb Laying Install 1 Gang= 1-foreman, 2 Mason, 3 Laborers Capacity, 230 Pcs. Chb /day/gang 331.00 1.00 Chb Plastering Install: 1 Gang= 1 Foreman, 2-mason, 3 Laborers Capability: 12 Sq.m/day/gang 50.00 1.00 Baluster Laying Install: 1 Gang=1 Foreman, 2-mason, 3-laborers Capability: 130 Pcs Chb/day/gang 306.00 1.00 E. Labor Requirement Chb Laying Foreman 1.00 2.00 Skilled Mason 2.00 2.00 Unskilled 3.00 2.00 Chb Plastering Foreman 1.00 5.00 Skilled Mason 2.00 5.00 Unskilled 2.00 5.00 Baluster Laying Foreman 1.00 3.00 Skilled Mason 2.00 3.00 Unskilled 3.00 3.00 1003 Carpentry And Joinery Works 38.78 Sq.m. A. Material Ceiling A. Plywood Marine (1/4”x1.2mx2.44m) 14.00 Pc. B. Lumber Good ( Joist) 179.00 Bd.ft. C. Assorted Cwn (1 Kg.)/100 Bd. Ft. Of Lumber) 2.00 Kg D. Assorted Finishing Nails 2.00 Kg. E. Concrete Nails Assorted 1.00 Kg. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Ceiling Installation Install: 1 Gang=1 Foreman, 2-carpenters , 2 Laborers Capacity: 15 Sq.m/day/gang 38.78 15.00 E. Labor Requirement Foreman 1.00 3.00 Skilled Carpenter 2.00 3.00 Unskilled 2.00 3.00 1005 Doors And Windows 3.00 Sets A. Material Doors A. D1-powder Coated Aluminum Casement Door (2.1mx2.1m, W/0.4m. Transom) Aluminum Glass Door 4.41 2.00 Sets D2-panel Door For Pwd C.r. With Kick Plate (0.9mx2.1m, W/0.4m Transom) Flush Door 1.89 1.00 Sets 8.82 1.89 Sq.m. Sq.m. B. Lever-type Plush Botton Door Knob 5.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Door Installation Install: 1 Gang = 1-foreman, 1-skilled, 1 Laborer Capability: 10 Sq.m. (doors)day/gang 15.71 10.00 Jamb Installation Install:1 Gang= 1 Foreman, 1 Skilled, 1 Laborer Capability: 4 Sets (jamb) Day/gang 4.00 Window Installation Install: 1 Gang= 1-foreman, 1 Skilled, 1 Laborer Capability: 2.88 Sq.m. (window) /day/gang 2.00 E. Labor Requirement Foreman 1.00 2.00 Skilled Carpenter 1.00 2.00 Unskilled 1.00 2.00 1002 Plumbing Works 1.00 Lot A. Material Cold Water Line A. Pvc Pipes (25.4mm D) 2.00 Pc B. Pvc Pipes (12.7mm D) 6.00 Pc. C. Pvc Coupling (12.7mm D) 3.00 Pc Sewer Line Works D Pvc Elbow (50mm D) 16.00 Pc E. Upvc Pipe, 50mm Dia.x 3m, 5-1000 32.00 Pc F. Solvent Cement, 400cc 2.00 Can Fixtures G. Grab Bar Inwall Support W/ Lift Up Function 32 1.00 Set H. Wall Faucet, ½”x 4”, Stainless Steel 6.00 Pc I. Tissue Holder, Stainless Steel 304, Wall Mounted 1.00 Set J. Soap Holder 1.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Plumbing Installation Install: 1 Gang = 1-foreman, 1 Plumber, 1-laborer Capacity: 8 Pcs. Pipes /day/gang E. Labor Requirement Foreman 1.00 6.00 Skilled Plumber 1.00 6.00 Unskilled 1.00 6.00 1032 Painting, Varnishing And Other Related Works A. Material Concrete/masonry Walls/ceiling A. Concrete Neutralizer 9.00 Gal B. Skimcoat, 20kg 11.00 Bag C. Acrylic, Solvent Based Paint 14.00 Gal D. Paint Latex Flat Elastomeric 14.00 Gal E. Sand Paper 125.00 Pc. F. Paint Brush, 2” 20.00 Pc. G. Paint Roller 20.00 Pc. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Plumbing Installation Install : 1 Gang = 1 Foreman, 1-paintor, 1-laborer, Capability: 30 Sq.m. (roller)/day/gang 411.21 30.00 E. Labor Requirement Foreman 1.00 7.00 Skilled Painter 2.00 7.00 Unskilled 2.00 7.00 1101 Wires And Wiring Devices A. Material A. Electric Wires Thnn/thhn 3.5 Mm2 150.00 M B. Electric Wires Thwn/thhn 5.5mm2 50.00 M Wiring Devices E Electrical Tape ¾”x20yds 2.00 Pc. B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Wirings Install: 1 Gang= 1 Foreman, 1electrician, 1 Laborer Capability: 144m/day/gang 200.00 144.00 E. Labor Requirement Foreman 1.00 2.00 Skilled Electrician 1.00 2.00 Unskilled 1.00 2.00 1002 (1) Panel Board With Main Breaker And Branches A. Material A. Panel Board & Cabinets, 2p Main With 6br/2p Bolt On Type 1.00 Set B. Rated 60amp-manual Transfer Switch Breaker Type Nema3 Enclosure 1.00 Set C. 15at,2p,60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 2.00 Set D. 20at, 2p, 60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 2.00 Set E. 30at, 2p, 60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 2.00 Set F. 60at, 2p, 60hz, 230vac Plug In Type Mechanical Lug Circuit Breaker 1.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Panel Board Installation Install: 1gang = 1foreman, 1-electrician, 1-laborer Capability : 1 Set/day/gang 2.00 1.00 E. Labor Requirement Foreman 1.00 2.00 Skilled Electrician 1.00 2.00 Unskilled 1.00 2.00 1103 Lighting Fixtures And Lamps 1.00 Is A. Material A. Solar Lights Lantern Type 22.00 Set B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Lighting Fixtures Installation Install: 1 Gang =1-foreman, 1-electrician, 1 Laborer Capacity: 8 Pcs/day/gang 22.00 8.00 E. Labor Requirement Foreman 1.00 3.00 Skilled Electrician 1.00 3.00 Unskilled 1.00 3.00 801 (7) A Removal Of Structures And Obstruction 1.00 Is A. Material B. Freight And Handling C. Name And Capacity Of Equipment Welding Machine, Electric Driven/dc Output 1.00 3.00 Cutting Output 1.00 3.00 Cargo/service Truck (2-5 Mt) 1.00 1.00 D. Labor Derivation (subsidiary Work Description) Removal Of Steel Railings Install: 1 Gang = 1foreman, 1 Electrician, 1 Laborer 17.00 8.00 Removal Of Ceiling, Gutter And Roofing Install : 1 Gang= 1 Foreman, 1 Electrician, 1-laborer Capacity: 25 Sq.m./day/gang E. Labor Requiremnt Foreman 1.00 16.00 Skilled Electrician 1.00 16.00 Unskilled 1.00 16.00 Spcl-1 Signages 1.00 Lot A. Material Municipal Signages Pana Flex W/ Electrical Wiring 1.00 Lot B. Freight And Handling C. Name And Capacity Of Equipment D. Labor Derivation (subsidiary Work Description) Installation Of Signages Install: 1 Gang= 1foreman: 1-electrician, 1 Laborer Capability: 4 Set/day/gang 8.00 4.00 Wirings Install: 1 Gang= 1 Foreman, 1-electrician, 1-laborer Capability: 144m/day/gang 150.00 144.00 E. Labor Requirement Foreman 1.00 4.00 Skilled Electrician 1.00 4.00 Unskilled 1.00 4.00 Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Repair And Rehabilitation Of Mapanas Rhu, Brgy. Del Norte, Mapanas, N. Samar B.5 Project Billboard 1.00 Lot 5,364.36 5,364.36 B.7 Construction Safety And Haelth 1.00 Lot 39,087.00 39,087.00 B.9 Mobilization And Demobilization 1.00 Lot 12,528.00 12,528.00 801(7)a Removal Of Structures And Obstruction 1.00 Is 44,152.56 44,152.56 900(1)c.1 Structural Concrete (class A), 28 Days 9.15 Cu.m. 7,460.98 68,268.00 902(1) A Reinforcing Steel Deformed Grade 40 541.72 Kg. 75.61 40,958.24 903 Formworks And Falseworks 53.38 Sq.m, 633.38 33,806.56 1047 Metal Structures 84.00 In.m. 1,316.02 110,546.00 1013 Corrugated Metal Roofing, Gauge 24 9.00 Sq.m. 3,893.42 35,040.80 1046 Masonry Works 75.60 Sq.m. 1,946.65 147,166.40 1003 Carpentry And Joinery Works 38.78 Sq.m. 815.55 31,626.84 1005 Doors And Windows 3.00 Sets 18,342.24 55,026.72 1002 Plumbing Works 1.00 Lot 31,754.16 31,754.16 1032 Painting, Varnishing, And Other Related 411.21 Sq.m. 146.77 60,351.96 1101 Wires And Wiring Devices 1.00 Is 12,046.72 12,046.72 1002(1) Panel Board With Main Breaker And Brand 1.00 Is 11,434.72 11,434.72 1103 Lighting Fixtures And Lamps 1.00 Is 52,550.08 52,550.08 Spcl1 Signages 1.00 Lot 36,853.44 36,853.44 Total 828,562.56 Total Cost Of All Line Item Includes Cost Of Contractor’s Profit, Taxes And Ocm. Attached Detailed Cost Estimates Section Ix. Bidding Forms Table Of Contents Bid Form 79 Form Of Contract Agreement 81 Omnibus Sworn Statement 83 Bid Form Date: Iaeb No: To: Lgu-mapanas Northern Samar Address: Mapanas Northern Samar We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Contract Repair/rehabilitation Of Mapanas Rhu, Barangay Del Norte , Mapanas N. Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.

Details: Description Invitation To Bid For Early Procurement Activity (cy 2025) For The Supply And Delivery Of Various Laboratory Supplies Through Framework Agreement 1. The Gov. Celestino Gallares Memorial Medical Center, Using A Single-year For A Duration Of One (1) Year Framework Agreement, Through The Nep 2025 And Hospital Income Intends To Apply The Sum Of One Hundred Thirty Eight Million Six Hundred Fifteen Thousand Five Hundred Forty Eight Pesos (php138,615,548.00) Being The Abc To Payments Under The Contract For Ib No. 2024-11-043. Bids Received In Excess Of The Total Cost Per Lot And/or Line Items Shall Be Automatically Rejected. 2. The Gov. Celestino Gallares Memorial Medical Center Now Invites Bids For Above Procurement Project. Delivery Of The Goods Is Required Within Ten (10) Calendar Days After Issuance Of A Call-off Or Any Date As Determined By The Pe. Bidders Should Have Completed, Within Three (3) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. A. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Gcgmmc Bids And Awards Committee (bac) Office Through Electronic Mail Via Gcgmmc.bacmedsurglabsupplies@gmail.com Or Telephone Call At (038) 411-4868 To 69 Local 286 And Inspect The Bidding Documents At The Address Given Below During Office Hours. 5. A Complete Set Of Bidding Documents May Be Acquired And Downloaded By Interested Bidders On November 18, 2024-december 11, 2024 From Gcgmmc Google Drive (gcgmmc.bacmedsurglabsupplies@gmail.com) And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb In The Amount Of Fifty Thousand Pesos Only (php 50,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees Through Cash At The Gcgmmc Cashier Section Or Bank Deposit With The Following Bank Details: Bank Name: Development Bank Of The Philippines Account Name: Gcgmmc General Fund Account Number: General Fund Account No. 00-0-00001-780-3 For Bidders Paying Thru Online Transfer Or Bank Deposits, A Successful Transaction/payment Must Be Sent To The Bac’s Official Email Address. Acknowledgement Receipt Will Be Issued In Lieu Of The Official Receipt (coa Circular No. 2021-014 Clause 5.2) As Proof That Payment Is Verified, Confirmed And Received By Gcgmmc. Only Upon The Issuance Of The Acknowledgement Receipt Shall The Bidder Be Granted Access To The Bac Google Drive. 6. The Gov. Celestino Gallares Memorial Medical Center Will Hold A Pre-bid Conference On November 26, 2024 @ 3:00 Pm At Cloud Lounge, 5/f, 555 Building, 0053 Miguel Parras St., Poblacion Ii, Tagbilaran City, 6300 Bohol Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before December 11, 2024 @ 8:59am. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9. Bid Opening Shall Be On December 11, 2024 @ 9:00am At The Gcgmmc Hospital Library And Training Hall, 5/f 555 Building, 0053 Miguel Parras St., Poblacion Ii, Tagbilaran City, 6300 Bohol. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. No Further Instructions. 11. The Gov. Celestino Gallares Memorial Medical Center 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 Sections35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12. For Further Information, Please Refer To: Magnolia Marie B. Tiempo Bac Secretariat Bids And Awards Committee (bac) Office Gov. Celestino Gallares Memorial Medical Center 0053, M. Parras St., Poblacion Ii, Tagbilaran City, 6300 Bohol Email: Gcgmmc.bacmedsurglabsupplies@gmail.com Tel. No.: (038) 411-4868 To 69 Local 286 Cel. No.: +63 9171469712 13. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website Http://www.philgeps.gov.ph Gcgmmc Website Https://www.gcgmh.gov.ph Approved: Flor Annabelle B. Cesar, Rn, Man (sgd) Bac Chairperson (medical/surgical/laboratory Supplies) Noted: Miguelito S. Jayoma, Md, Fpcs, Fpsgs, Mhm (sgd) Medical Center Chief Ii Head Of Procuring Entity (hope) *_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_ S/n Stock/property No. Unit Item Description Qty Unit Cost Total Cost Lot 1 1 2001 Kit Alkaline Phosphatase, 2 - 4 X 60 -80 Ml, 400-500 Tests/kit 6 7,700.00 46,200.00 2 2002 Kit Albumin, 2-3 X 125-150 Ml, 800-1000 Tests/kit, 3 12,100.00 36,300.00 3 2003 Kit Alt / Sgpt 4+1, 2 - 4 X 60 - 80 Ml, 400-500 Tests/kit 9 11,600.00 104,400.00 4 2004 Kit Amylase 1 -2 X 50-60 Ml, 400-500 Tests/kit 6 16,400.00 98,400.00 5 2005 Kit Ast / Sgot 4+1, 2 - 4 X 60 -80 Ml, 400-500 Tests/kit 6 11,600.00 69,600.00 6 2006 Kit Bilirubin – Direct, 2-3 X 125-150 Ml, 800-1000 Tests/kit 9 10,000.00 90,000.00 7 2007 Kit Bilirubin – Total, 2-3 X 125-150 Ml, 800-1000 Tests/kit 9 10,500.00 94,500.00 8 2008 Kit Cholesterol, With Standard, 6-8 X 100-125 Ml,2000-2500 Tests/kit 3 32,700.00 98,100.00 9 2009 Kit Ck-mb, 2-5 X 60 - 80 Ml, 350-500 Tests/kit, 3 28,100.00 84,300.00 10 2010 Kit Ck-mb Control, 4-5 X 3-5 Ml 6 32,500.00 195,000.00 11 2011 Kit Creatinine Jaffe, 2-3 X 125-150 Ml, 800-1000 Tests/kit 21 19,300.00 405,300.00 12 2012 Kit Creatinine For Urine 2-3 X 133-150 Ml, 900 -1000 Test/kit 3 35,700.00 107,100.00 13 2014 Kit Glucose With Standard, 6-8 X 100-250 Ml,2000-2500 Tests/kit 6 19,300.00 115,800.00 14 2015 Kit Hdl Cholesterol , 2-3 X 120-150 Ml, 720-800 Tests/kit 6 76,700.00 460,200.00 15 2016 Kit Hdl Calibrator, 4-6 X 1-2 Ml, 36-40 Test/kit 3 54,100.00 162,300.00 16 2017 Kit Ldh, 2-4 X 60 - 80 Ml, 400-800 Tests/kit 3 13,500.00 40,500.00 Note: Winning Supplier Must Provide A Benchtop, Self Contained Unit, Fully-automated Clinical Chemistry Machine With The Following: Dry Ion Selective Electrodes (ise) Technology, Can Run Up To 250-400 Tests Per Hour, Enables Up To 28 Day Onboard Stability For Most Reagents With Minimum 32 Reagent Positions, On-board Waste And Water, Reagent Cooling Capability, And Lis Ready. The Winning Supplier Must Provide Certificate Of Neqas Participation With Excellent Results, Back-up Machine And Ups. The Winning Supplier Must Provide Certificate Of Neqas Participation With Excellent Results, Back-up Machine And Ups. The Winning Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto Which Ever Is Applicable.these Items Must Be Evaluated As Acceptable By The End User. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory And The Comply With Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. 17 2018 Kit Lipase, 4-6 X 9 - 20 Ml, 130-200 Tests/kit 9 32,100.00 288,900.00 18 2019 Kit Phosphorus, 2 -4 X 125 -150 Ml, 800-1000 Tests/kit 3 11,000.00 33,000.00 19 2020 Kit Total Protein , 2 -4 X 125 -150 Ml, 800-1000 Tests/kit 3 9,400.00 28,200.00 20 2021 Kit Triglycerides Mono Standard, 6-8 X 50-60 Ml, 1000-1200 Tests/kit 3 33,000.00 99,000.00 21 2022 Kit Urea, With Standard, 4-5 X 60 -100 Ml,800-1000 Tests/kit 12 29,600.00 355,200.00 22 2023 Kit Uric Acid Standard, 6-8 X 50-60 Ml, 1000-1200 Tests/kit 6 23,500.00 141,000.00 23 2024 Kit Multiparametric Calibrator, 4-5 X 3-5 Ml 6 18,200.00 109,200.00 24 2025 Kit Control 1 (normal), 10 X 5-10 Ml 3 34,900.00 104,700.00 25 2026 Kit Control 2 (abnormal), 10 X 5-10 Ml 3 39,400.00 118,200.00 26 2027 Bot System Solution For The Machine, 1-2 L 3 25,600.00 76,800.00 27 2028 Pack Sample Cups, 1000-1300's/pack 2 21,000.00 42,000.00 Note: Winning Supplier Must Provide A Benchtop, Self Contained Unit, Fully-automated Clinical Chemistry Machine With The Following: Dry Ion Selective Electrodes (ise) Technology, Can Run Up To 250-400 Tests Per Hour, Enables Up To 28 Day Onboard Stability For Most Reagents With Minimum 32 Reagent Positions, On-board Waste And Water, Reagent Cooling Capability, And Lis Ready. The Winning Supplier Must Provide Certificate Of Neqas Participation With Excellent Results, Back-up Machine And Ups. The Winning Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto Which Ever Is Applicable.these Items Must Be Evaluated As Acceptable By The End User. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory And The Comply With Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 3,604,200.00 Lot 2 1 2034 Kit Urea, 300-400 Cartridges/kit 12 17,900.00 214,800.00 2 2035 Kit Creatinine, 300-400 Cartridges/kit 12 18,500.00 222,000.00 3 2036 Kit Uric Acid, 300-400 Cartridges/kit 6 18,500.00 111,000.00 4 2037 Kit Glucose, 300-400 Cartridges/kit 9 18,500.00 166,500.00 5 2038 Kit Ast, 300-400 Cartridges/kit 6 18,500.00 111,000.00 6 2039 Kit Alt, 300-400 Cartridges/kit 6 17,500.00 105,000.00 7 2040 Kit Lipase, 90-100 Cartridges/kit 6 7,000.00 42,000.00 8 2041 Kit Cholesterol, 300-400 Cartridges/kit 6 19,100.00 114,600.00 9 2042 Kit Triglycerides, 300-400 Cartridges/kit 6 19,100.00 114,600.00 10 2043 Kit Bilirubin Conjugated/unconjugated, 90-100 Cartridges/kit 6 17,500.00 105,000.00 11 2044 Kit Total Bilirubin, 300-400 Cartridges/kit 3 17,500.00 52,500.00 12 2045 Kit Albumin, 90-100 Cartridges/kit 6 9,300.00 55,800.00 13 2046 Kit Total Protein, 250-300 Cartridges/kit 3 16,200.00 48,600.00 14 2047 Kit Hdl, 300-400 Cartridges/kit 6 28,850.00 173,100.00 15 2674 Kit Phosphorous, 300-400 Cartridges/kit 3 17,900.00 53,700.00 Note: Winning Supplier Must Provide: (1) An Automated Clinical Chemistry Analyzer Which Uses Dry-slide (micro-slide) Technology And Lis Ready; (2) A Certificate Of Neqas Participation With Excellent Results; (3) Ups; (4) Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable; And A Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. 16 2675 Kit Alkaline Phosphatase, 300-400 Cartridges/kit 3 17,900.00 53,700.00 17 2676 Kit Ldh, 250-300 Cartridges/kit 3 19,650.00 58,950.00 18 2677 Kit Amylase, 90-100 Cartridges/kit 3 6,450.00 19,350.00 19 2715 Kit Ck-mb, 90-100 Cartridge/kit 3 9,100.00 27,300.00 20 2048 Box Calibration Kit 1 For Bun, Crea, Uric Acid; 3 Levels, 4 Sets 1 13,900.00 13,900.00 21 2049 Box Calibration Kit 2 For Chol, Trig; 4 Levels, 4 Sets 1 13,900.00 13,900.00 22 2050 Box Calibration Kit 3 For Alt, Ast, Lipase; 3 Levels, 4 Sets 1 13,900.00 13,900.00 23 2051 Box Calibration Kit 4 For Albumin, Bilirubin; 4 Levels, 4 Sets 1 13,900.00 13,900.00 24 2052 Box Calibration Kit 25 For Hdl; 3 Levels, 2 Sets 1 13,900.00 13,900.00 25 2053 Kit Control 1, 3 - 5 Ml 1 17,350.00 17,350.00 26 2054 Kit Control 2, 3 - 5ml 1 17,350.00 17,350.00 27 2055 Kit Bovine Serum Albumin (bsa), 7% , 12-15 X 5-10 Ml 1 9,100.00 9,100.00 28 2056 Box Dessicant 2-3 Packs/box 1 7,950.00 7,950.00 29 2057 Box Humidity Control, 2-3 Packs/box 1 10,120.00 10,120.00 30 2058 Box Versatips, Cuvette And Nozzle, 3360-5000s 6 40,100.00 240,600.00 31 2059 Box Micro Sample Cups, 4000-5000s 1 10,780.00 10,780.00 32 New Kit Calibration Kit 6 For Ck-mb,3 Levels, 4 Sets 1 14,100.00 14,100.00 33 New Kit Iso Performance Verifier 1 For Ck-mb 3 18,100.00 54,300.00 34 New Kit Iso Performance Verifier 2 For Ck-mb 3 18,100.00 54,300.00 Note: Winning Supplier Must Provide: (1) An Automated Clinical Chemistry Analyzer Which Uses Dry-slide (micro-slide) Technology And Lis Ready; (2) A Certificate Of Neqas Participation With Excellent Results; (3) Ups; (4) Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable; And A Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 2,354,950.00 Lot 3 1 2060 Kit C-reactive Protein Determination ,quantitative, 45-50 Tests/kit 100 25,920.00 2,592,000.00 Note: Winning Supplier Must Provide A Poct Device For C-reactive Protein Testing, Ups, Copy Of Valid Fda Cpr/coe/ltowhich Ever Is Applicable And A Back-upmachine. This Item Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Yearupon Delivery, The Department's Policy A Copy Of Delivery Receipt To The Laboratory, And Comply With Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 2,592,000.00 Lot 4 1 2064 Kit Cardiac Troponin I Quantitative, 25-30 Tests Per Kit, 48 9,000.00 432,000.00 Note:winning Supplier Must Provide A Automated , Lis-ready, Rapid Test Reader For The Exam Testing, Back-up Machine, Ups, Copy Of Valid Fda Cpr/coe/lto. This Item Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 432,000.00 Lot 5 1 2069 Box Procalcitonin 25-30 Test/box 100 19,600.00 1,960,000.00 Note:winning Supplier Must Provide An Automated Poct Analyzer For This Test. This Item Must Be Evaluated As Acceptable By The End User. The Winning Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto Which Ever Is Applicable. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 1,960,000.00 Lot 6 1 New Specs Kit Hba1c Reagents, 200-300test/kit W/ Free Hba1c Control Material 1 & 2 ,0.1-2x2-3/pack W/ Free Hba1c Calibrator 1 & 2, 0.1-2x2-3/pack W/ Free Hba1c Column Kit, 800test/pack 8 70,000.00 560,000.00 Note: Winning Supplier Must Provide An Automated Hba1c Analyzer That Uses High Performance Liquid Chromatography Method With Lis Ready; And Back-up Machine, Ups And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Delivery Receipt To The Laboratory , And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 560,000.00 Lot 7 1 2619 Kit Hba1c Reagent, 300 - 400 Tests 6 110,000.00 660,000.00 2 2620 Bot Wash Solution , 75 -80 Ml, 300 - 400 Tests 6 27,500.00 165,000.00 3 2621 Set Hba1c Capillary Control Multi System Level 1 & 2 (2 Vials/set) 1 11,000.00 11,000.00 4 2622 Set Hba1c Capillary Control Calibrators Level 1 & 2 (2 Vials/set) 1 22,000.00 22,000.00 5 2623 Bot Capillarys Solution 25-30 Ml, 100-200 Tests 1 11,000.00 11,000.00 6 2626 Box Reagent Cups (24 X 14) 4 8,800.00 35,200.00 Note: Winning Supplier Must Provide A Capillary Electrophoresis Instrument With 8 Capillaries In Parallel And Copy Of Valid Fda-cpr /coe/lto Which Ever Is Applicable.the Winning Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, Which Ever Is Applicable.the Winning Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 904,200.00 Lot 8 1 Kit Hba1c Determination, 10 - 15 Tests/kit 90 3,500.00 315,000.00 Note: Winning Supplier Must Provide A Poct Fully Automated Hba1c Device Using Boronate Affinity Assay,that Is Preferably Lis Ready, Back-up Machine, Ups And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Item Must Be Evaluated As Acceptable By The End-user.the Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 315,000.00 Lot 9 For Er, Opd & In-patient Section For Acid Blood Gas - In Patient 1 2079 Kit Sensor Card For Blood Gas And Electrolytes (ph, Pco2, Po2, Hematocrit, Sodium, Potassium, Chloride, Ionized Calcium), 200-300 Samples/kit 30 17,100.00 513,000.00 2 2080 Kit Calibrator Cartridge, 500-700 Samples/kit 12 54,900.00 658,800.00 For Electrolytes: 3 2081 Kit Sensor Card For Sodium, Potassium, Chloride, 36 38,300.00 1,378,800.00 Ionized Calcium, Ionized Magnesium, 400-500 Samples/kit 4 2082 Kit Calibrator Cartridge, (for Electrolytes), 500-700 Samples/kit 36 28,500.00 1,026,000.00 Sub-total: 3,576,600.00 Lot 10 For Er Laboratory Sections: 1 2752 Kit Blood Urea Nitrogen, 24-30 Test/kit 171 1,400.00 239,400.00 2 2753 Kit Creatinine, 24-30 Test/kit 210 1,600.00 336,000.00 3 2797/978572 Kit Amylase, 24-30 Test/kit 12 1,600.00 19,200.00 4 Consumables: 5 2754 Box Auto Tips, 90 Pcs X 6 12 6,400.00 76,800.00 6 2755 Box Plain Tube 0.5ml, 500-1000's 3 9,600.00 28,800.00 7 2758 Box Control Q.p. Low, 3 - 5 Ml X 5-6 Bots/box 3 7,200.00 21,600.00 8 2759 Box Control Q.p. High, 3 - 5 Ml X 5-6 Bots/box 3 7,200.00 21,600.00 Note: Winning Supplier Must Provide An Automated Dry Chemistry, Poct Analyzer. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply, Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables(upon Delivery). Sub-total: 743,400.00 Lot 11 For Er Laboratory Sections: 1 Kit Hs Trop I, 25-30 Test/kit 42 14,400.00 604,800.00 Note: Winning Supplier Must Provide A Fluorescence Based Poct Immunoassay Analyzer Machine And Copy Of Valid Fda Cpr/coe/lto. The Winning Supplier Must Provide With Expiry Date Of At Least 1 Year Upon Delivery , A Copy Of Delivery Receipt To The Laboratory, Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. These Items Must Be Evaluated As Acceptable By The End-user. Sub-total: 604,800.00 Lot 12 1 2071 Kit Troponin I, 100 -120tests/kit 15 37,000.00 555,000.00 2 2072 Kit Nt-probnp, 100 -120tests/kit 12 57,000.00 684,000.00 3 2073 Kit Procalcitonin, 100 -120tests/kit 120 73,000.00 8,760,000.00 4 2817 Kit Crp, 100-120 Test/kit 30 81,000.00 2,430,000.00 5 2066 Kit Tsh, 100 -120tests/kit 45 20,000.00 900,000.00 6 2067 Kit T3, 100 -120tests/kit 3 20,000.00 60,000.00 7 2068 Kit T4, 100 -120tests/kit 3 20,000.00 60,000.00 8 2069 Kit Ft3, 100 -120tests/kit 45 20,000.00 900,000.00 9 2070 Kit Ft4, 100 -120tests/kit 45 20,000.00 900,000.00 Consumables: 10 2076 Box Starter Kit, 3 - 5 Pairs/box 9 19,000.00 171,000.00 11 2077 Box Wash Concentrate, 6 - 8bots./box 10 18,000.00 180,000.00 12 478071 Box Starter Kit, 1&2, 2-4x1.5-2l/box 3 80,500.00 241,500.00 13 213946 Box Reaction Cups, 3-4x182-200 Cups/box 90 14,000.00 1,260,000.00 14 433557 Pack Disposable Tips, 2-4 X 96-100 Pcs/ Packs 45 12,200.00 549,000.00 Note: Winning Supplier Must Provide An Automated And Lis Ready Clia Analyzer For The Abovementioned Tests,ups, Back-up Machine And A Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 17,650,500.00 Lot 13 Immunology Testing For Autoimmune & Infectious Diseases 1 2234 Pack Ana, 35-40 Strips Per Pack 20 41,900.00 838,000.00 2 2235 Pack Ds-dna,igg, 35-40 Strips Per Pack 20 41,900.00 838,000.00 3 2603 Pack Ds-dna, Igm,35-40 Strips Per Pack 20 41,900.00 838,000.00 Note: The Winning Supplier Must Provide A Fully Automated Autoimmune And Infectious Disease Analyzer With Easy-to- Use Single Multiparametric System. The Supplier Must Also Provide Back-up Machine, Ups And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Reagents With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory , And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 2,514,000.00 Lot 14 For Serology: For Fully Automated Specific Protein Analyzer Machine: 1 2664 Kit Antistreptolysin O, Quantitative, 20-30 Test/kit 18 15,000.00 270,000.00 Control For Fully Automated Specific Protein Analyzer Machine: 2 2730 Kit Multi-control, 500-1000ul 2 10,000.00 20,000.00 3 2802 Kit Complement C3, 20-30 Tests/kit 18 9,000.00 162,000.00 4 2804 Kit Rheumatoid Factor, 20-30 Tests/kit 10 11,000.00 110,000.00 The Winning Supplier Must Provide A Cartridge-based Fully Automated Specific Protein Analyzer. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory, Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables And Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementiond Items. Sub-total: 562,000.00 Lot 15 For Bloodbank/serology: 1 2146 Kit Carcinoembryonic Antigen Reagent, 100 - 150 Tests/kit 3 56,200.00 168,600.00 2 2147 Kit Carcinoembryonic Antigen Calibrator, 2-4 X 4 -10ml/kit 1 16,200.00 16,200.00 3 2148 Kit Carcinoembryonic Antigen Control, 3-5 X 8-10 Ml/kit 2 12,800.00 25,600.00 4 2149 Kit Ca 19-9 Reagent, 100 - 150 Tests/kit 3 51,300.00 153,900.00 5 2147 Kit Ca 19-9 Calibrator, 2 - 4 X 4 - 8 Ml/kit 1 22,100.00 22,100.00 6 2148 Kit Ca 19-9 Control, 3 - 5 X 8 -10ml/kit 2 17,600.00 35,200.00 7 2152 Kit Ca 15-3 Reagent, 100 - 150 Tests/kit 3 44,900.00 134,700.00 8 2156 Kit Ca 15-3 Calibrator, 2 - 4 X 4 - 8 Ml/kit 1 22,100.00 22,100.00 9 2157 Kit Ca 15-3 Control, 3 - 5 X 8 -10ml/kit 2 17,600.00 35,200.00 10 2155 Kit Ca 125 Reagent, 100 - 150 Tests/kit 2 59,200.00 118,400.00 11 2156 Kit Ca 125 Calibrator, 2 - 4 X 4 -10 Ml/kit 1 16,200.00 16,200.00 12 2157 Kit Ca 125 Control, 3 - 5 X 8 -10ml/kit 2 12,900.00 25,800.00 Note: Winning Bidder Must Provide Fully Automated Chemiluminescent Microplate Immunoassay ( Cmia) Machine Capable Of Simultaneous Detection Of The Tests With Valid Fda Cpr/coe/lto Which Ever Is Applicable For All Test Kits, 100% Sensivity Based On Saccl-nrl/tti-nrl Evaluation, Included In The List Of Test Kits As To The Guidelines Fro Referral Of Blood Sample For Confirmatory Set By Nrl-nvbsp (department Circular No. 2017-0198), Reagent Shelf Life Not Less Than 10 Months And Lis Ready. The Winning Supplier Must Also Provide The Certificate Of Neqas Participation With Excellent Results, Proof Of Kit Evaluation From Std Aids Cooperative Central Laboratory (saccl) And Iso Certified Or Its Equivalent, Ups , And Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. For Bloodbank/serology: 13 2158 Kit Beta Hcg Reagent, 100 - 150 Tests/kit 5 26,300.00 131,500.00 14 2159 Kit Beta Hcg Calibrator, 2 - 4 X 4 - 8 Ml/kit 1 16,300.00 16,300.00 15 2160 Kit Beta Hcg Control, 3 - 5 X 8 -10ml/kit 2 12,900.00 25,800.00 16 2161 Kit Alpha Feto Protein Reagent, 100 - 150 Tests/kit 1 43,100.00 43,100.00 17 2162 Kit Alpha Feto Protein Calibrator, 2 - 4 X 4 - 8 Ml/kit 1 16,200.00 16,200.00 18 2163 Kit Alpha Feto Protein Control, 3 - 5 X 8 -10ml/kit 1 16,200.00 16,200.00 19 2164 Kit Prostatic Specific Antigen Total Reagent, 100 - 150 Tests/kit 2 74,000.00 148,000.00 20 2165 Kit Prostatic Specific Antigen Calibrator, 2 - 4 X 4 - 8 Ml/kit 1 16,200.00 16,200.00 21 2166 Kit Prostatic Specific Antigen Total Control, 3 - 5 X 8 -10ml/kit 2 16,200.00 32,400.00 22 2182 Kit Hav Ab Igm Reagent, 100 - 150 Tests/kit 1 36,900.00 36,900.00 23 2183 Kit Hav Ab Igm Calibrator, 1 - 2 X 4 - 6 Ml/kit 1 21,600.00 21,600.00 24 2184 Kit Hav Ab Igm Control, 1 - 2 X 8 - 10 Ml/kit 1 17,100.00 17,100.00 Note: Winning Bidder Must Provide Fully Automated Chemiluminescent Microplate Immunoassay ( Cmia) Machine Capable Of Simultaneous Detection Of The Tests With Valid Fda Cpr/coe/lto Which Ever Is Applicable For All Test Kits, 100% Sensivity Based On Saccl-nrl/tti-nrl Evaluation, Included In The List Of Test Kits As To The Guidelines Fro Referral Of Blood Sample For Confirmatory Set By Nrl-nvbsp (department Circular No. 2017-0198), Reagent Shelf Life Not Less Than 10 Months And Lis Ready. The Winning Supplier Must Also Provide The Certificate Of Neqas Participation With Excellent Results, Proof Of Kit Evaluation From Std Aids Cooperative Central Laboratory (saccl) And Iso Certified Or Its Equivalent, Ups , And Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. For Bloodbank/serology: 25 2185 Kit Hav Ab Igg Reagent, 100 - 150 Tests/kit 1 32,100.00 32,100.00 26 2186 Kit Hav Ab Igg Calibrator, 1 - 2 X 4 - 8 Ml/kit 1 21,600.00 21,600.00 27 2187 Kit Hav Ab Igg Control, 1 - 2 X 6 - 8 Ml/kit 1 17,300.00 17,300.00 28 2188 Kit Anti-hbs Reagent, 100 - 150 Tests/kit 35 25,700.00 899,500.00 29 2189 Kit Anti-hbs Calibrator,1 - 2 X 4 - 8 Ml/kit 1 21,600.00 21,600.00 30 2190 Kit Anti-hbs Control, 3-5 X 8-10 Ml/kit 1 17,300.00 17,300.00 31 2191 Kit Anti-hbc Igm Reagent, 100 - 150 Tests/kit 10 39,000.00 390,000.00 32 2192 Kit Anti-hbc Igm Calibrator, 1-2 X 4-8 Ml/kit 1 21,600.00 21,600.00 33 2790 Kit Anti-hbc Igm Control, 1-2 X 8-10 Ml/kit 1 17,300.00 17,300.00 34 2193 Kit Anti-hbc Ii Reagent, 100 - 150 Tests/kit 10 32,100.00 321,000.00 35 2194 Kit Anti-hbc Ii Calibrator, 1-2 X 4 -8ml 1 21,600.00 21,600.00 36 2195 Kit Anti-hbc Ii Control, 1-2 X 8-10 Ml/kit 1 17,300.00 17,300.00 Note: Winning Bidder Must Provide Fully Automated Chemiluminescent Microplate Immunoassay ( Cmia) Machine Capable Of Simultaneous Detection Of The Tests With Valid Fda Cpr/coe/lto Which Ever Is Applicable For All Test Kits, 100% Sensivity Based On Saccl-nrl/tti-nrl Evaluation, Included In The List Of Test Kits As To The Guidelines Fro Referral Of Blood Sample For For Confirmatory Set By Nrl-nvbsp (department Circular No. 2017-0198), Reagent Shelf Life Not Less Than 10 Months And Lis Ready. The Winning Supplier Must Also Provide The Certificate Of Neqas Participation With Excellent Results, Proof Of Kit Evaluation From Std Aids Cooperative Central Laboratory (saccl) And Iso Certified Or Its Equivalent, Ups , And Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. For Bloodbank/serology: 37 2196 Kit Anti-hbe Reagent, 100 - 150 Tests/kit 10 33,500.00 335,000.00 38 2197 Kit Anti-hbe Calibrator, 1-2 X 4 -8ml/kit 1 21,600.00 21,600.00 39 2198 Kit Anti-hbe Control, 1-2 X 8-10 Ml/kit 1 17,300.00 17,300.00 40 2199 Kit Hbeag Reagent, 100 - 150 Tests/kit 10 33,800.00 338,000.00 41 2200 Kit Hbeag Calibrator, 1-2 X 4-8 Ml/kit 1 21,600.00 21,600.00 42 2201 Kit Hbeag Control, 1-2 X 8-10 Ml/kit 1 17,300.00 17,300.00 43 2133 Kit Hbsag Ii Reagent, Cmia/clia, 100 -150 Tests 180 14,300.00 2,574,000.00 44 2134 Kit Hiv Ag-ab, Cmia/clia, 100 -150 Tests 180 17,900.00 3,222,000.00 45 2135 Kit Hcv Ag-ab, Cmia/clia, 100 -150 Tests 180 52,400.00 9,432,000.00 46 2136 Kit Syphilis Ab, Cmia/clia, 100 -150 Tests 180 9,600.00 1,728,000.00 Note: Winning Bidder Must Provide Fully Automated Chemiluminescent Microplate Immunoassay ( Cmia) Machine Capable Of Simultaneous Detection Of The Tests With Valid Fda Cpr/coe/lto Which Ever Is Applicable For All Test Kits, 100% Sensivity Based On Saccl-nrl/tti-nrl Evaluation, Included In The List Of Test Kits As To The Guidelines Fro Referral Of Blood Sample For Confirmatory Set By Nrl-nvbsp (department Circular No. 2017-0198), Reagent Shelf Life Not Less Than 10 Months And Lis Ready. The Winning Supplier Must Also Provide The Certificate Of Neqas Participation With Excellent Results, Proof Of Kit Evaluation From Std Aids Cooperative Central Laboratory (saccl) And Iso Certified Or Its Equivalent, Ups , And Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. For Bloodbank/serology: 47 2167 Kit Anti-hcv Calibrator, 1 -2 X 4-6 Ml/kit 1 21,600.00 21,600.00 48 2168 Kit Hiv Ag/ab Calibrator, 1 -2 X 4-6 Ml/kit 1 21,600.00 21,600.00 49 2169 Kit Hbsag Qual Calibrator, 1 -2 X 4-6 Ml/kit 1 21,600.00 21,600.00 50 2170 Kit Syphilis Calibrator, 1 -2 X 4-6 Ml/kit 1 21,600.00 21,600.00 51 2174 Kit Reaction Vessels, 2000-5000 Pcs. / Box 14 21,300.00 298,200.00 52 2175 Kit Septums, 200 - 300 Pcs. / Box 5 14,500.00 72,500.00 53 2176 Kit Anti-hcv Control, 2 - 4 X 8 -10 Ml/kit 3 17,300.00 51,900.00 54 2177 Kit Hbsag Qual Control, 2 - 4 X 8 -10 Ml/kit 3 21,600.00 64,800.00 55 2178 Kit Hiv Ag/ab Control, 4 - 8 X 8 -10 Ml/kit 3 20,400.00 61,200.00 56 2179 Kit Syphilis Control, 1 - 2 X 4 -8 Ml/kit 3 20,400.00 61,200.00 57 2180 Kit Sample Cup, 1000- 1500 Pcs. / Pack 1 5,100.00 5,100.00 58 2181 Kit Probe Conditioning Solution 4 -6 X 25-30 Ml 1 17,400.00 17,400.00 Note: Winning Bidder Must Provide Fully Automated Chemiluminescent Microplate Immunoassay ( Cmia) Machine Capable Of Simultaneous Detection Of The Tests With Valid Fda Cpr/coe/lto Which Ever Is Applicable For All Test Kits, 100% Sensivity Based On Saccl-nrl/tti-nrl Evaluation, Included In The List Of Test Kits As To The Guidelines Fro Referral Of Blood Sample For Confirmatory Set By Nrl-nvbsp (department Circular No. 2017-0198), Reagent Shelf Life Not Less Than 10 Months And Lis Ready. The Winning Supplier Must Also Provide The Certificate Of Neqas Participation With Excellent Results, Proof Of Kit Evaluation From Std Aids Cooperative Central Laboratory (saccl) And Iso Certified Or Its Equivalent, Ups , And Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 21,519,000.00 Lot 16 For Blood Bank: 1 2247 Kit Erythrocyte Magnetized Technology Automated Abo & Rh 32 29,800.00 953,600.00 Blood Grouping Test Reagents, 10 -20 Plates , 160 -200 Tests/kit 2 2599 Kit Internal Quality Control Abo/rh Typing 4-6 X 4-6 Ml 4 13,200.00 52,800.00 Note: Winning Supplier Must Provide A Fully-automated Immunohematology Machine That Uses Erythrocyte Magnetized Technology, Lis Ready, As Well As Supply Controls And Its Consumables Intended For Testing. The Supplier Must Also Provide Back-up Machine, Ups And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Reagents With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 1,006,400.00 Lot 17 1 2250 Kit Apheresis Kit (double Platelet) / Plasma 1 Sbt 30 11,600.00 348,000.00 (single Bag Transfusion) With Acd (anti- Coagulant Citrate Dextrose) Note: This Item Must Be Compatible With Hospital-owned Apheresis Machine. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 348,000.00 Lot 18 1 852559 Kit Reagent For Hiv Serologic Determination 100-200 Wells/kit 200 15,400.00 3,080,000.00 2 826120 Kit Hiv Calibrator, 1000 -2000 Ul X 1-2 Level X 1-2 Set/kit 3 18,000.00 54,000.00 3 820413 Kit Hiv Control, 3000 -4000 Ul X 3-4 Levels X 3-4 Sets/kit 10 17,500.00 175,000.00 4 652478 Kit Reagent For Hepatitis C Serologic Determination 100-200 Wells/kit 210 46,100.00 9,681,000.00 5 364535 Kit Hcv Calibrator, 1000 Ul X 1 Level X 1 Set/kit 3 18,000.00 54,000.00 6 489647 Kit Hcv Control, 3000-4000 Ul X 3-4 Levels X 3-4 Sets/kit 10 17,000.00 170,000.00 7 575360 Kit Reagent For Hepatitis B Antigen Determination 100-200 Wells/kit 210 12,000.00 2,520,000.00 8 698897 Kit Hbsag Calibrator, 1000-2000 Ul X 1-2 Level X 1-2 Set/kit 3 18,000.00 54,000.00 9 610150 Kit Hbsag Control, 3000-4000 Ul X 3-4 Levels X 3-4sets/kit 10 18,000.00 180,000.00 10 706096 Kit Reagent For Syphillis Determination 100-200 Wells/kit 210 8,500.00 1,785,000.00 11 546787 Kit Syphillis Calibrator, 2200-3000 Ul X 1-2 Level X 1-2 Set/kit 3 19,000.00 57,000.00 12 594502 Kit Syphillis Control, 3000-4000 Ul X 3-4 Levels X 3-4 Sets/kit 10 18,000.00 180,000.00 Consumables: 13 317119 Pack Versatips, 1000-2000's/pack 100 6,000.00 600,000.00 14 207561 Box Signal Reagents, 3000-4000 Ul X 2 Bots/box 108 23,000.00 2,484,000.00 15 809400 Box Universal Wash , 5000 -5500 Ul X 2 Bots/box 40 12,000.00 480,000.00 16 756663 Box Maintenance Pack, 2 Packs/box 9 23,000.00 207,000.00 Winning Supplier Must Provide An Automated/serology Analyzer That Combines Five Of Patented Core Enabling Technologies. Microslide, Microtip, Microsensor, Micro-well, And Intellicheck Technology. The Supplier Must Also Provide Back-up Machine, Ups And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable.these Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Reagents With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 21,761,000.00 Lot 19 For Coagulation Testing - In-patient 1 2083 Kit Prothrombin Time, 10-15 X 4-5 Ml, 400-500 Tests/kit 15 23,100.00 346,500.00 2 2084 Kit Activated Partial Thromboplastin Time, 10-12 X 5-7 Ml, 1000-1200 Tests/kit 9 35,100.00 315,900.00 3 2085 Kit Calcium Chloride, 10-15 X 15-20 Ml, 3000-3500 Tests/kit 3 12,100.00 36,300.00 4 2086 Pack Reaction Tube/cuvette, 3000-3200/pack 15 36,100.00 541,500.00 5 2087 Kit Normal Control ,10-15 X 1-2 Ml, 150 -250 Tests/kit 12 12,100.00 145,200.00 6 2088 Kit Abnormal Control ,10-15 X 1-2 Ml, 150 -250 Tests/kit 12 12,100.00 145,200.00 7 2089 Kit Washing Solution, 50-150 Ml, 1000 -1500 Tests/kit(sodium Hypochlorite) 6 1,300.00 7,800.00 8 2743 Kit Washing Solution 45-150 Ml (hydrochloric Acid ) Clean 2 6 4,100.00 24,600.00 9 2744 Box Sample Plate Sap 400a 3 12,100.00 36,300.00 10 2792 Box Sample Cups, 4 Ml , 100-500’s/box 6 6,100.00 36,600.00 Note: Winning Supplier Must Provide Fully Automated Coaguation Analyzer With The Following Features: Multiwavelength Detection System: Transmitted Light Detection Method, Stat Capability, 20 Or More Reagent Positions With Cooling Systeme For Longer Reagent On Board Stability, Capable Of Multi-rule (westgard Rule) Monitoring, Atleast 3000 Samples Or More Samples Of Data Storage And Lis Ready,copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable , A Back-up Machine And Ups. These Items Must Be Evaluated As Acceptable By The End User. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 1,635,900.00 Lot 20 For Opd & In-patient Section: For Cbc-inpatient - Automated 6-part Hematology Analyzer, Including Immature Granulocyte, With Reticulocyte Count 1 2099 Bot Diluent For Hydrodynamic Focusing For Flouorescence 174 26,100.00 4,541,400.00 Flow Cytometry Method, 20-30 L, 550-600 Tests 2 2100 Bot Cyanide Free Lyse Reagent For Hemoglobin 16 15,700.00 251,200.00 Determination, 1.5-2 L, 5,500-5,800 Tests 3 2101 Bot Lysing Reagent For Diff Channel For Fluorescence Flow 18 12,600.00 226,800.00 Cytometry Method,5 -6 L 4 2102 Bot Fluorescent Dye Solution For Diff Channel For Fluorescence 11 24,100.00 265,100.00 Flow Cytometry Method, 42 -50 Ml X 2 5 2103 Bot Controls (low, Normal, High), 3 -5 X 3-5 Ml 12 14,600.00 175,200.00 Reagents For Reticulocyte: 6 2104 Bot Diluent For Reticulocyte Count,1-2 L, 500-700 Tests 12 9,600.00 115,200.00 7 2105 Bot Fluorescent Dye For Reticulocyte Count, 2-3 X 12-15ml 5 24,300.00 121,500.00 8 2866 Bot Lysing Reagent For Wbc, Baso, Nrbc, 1-2x5 -6l 8 12,600.00 100,800.00 9 2867 Set Control Tri-level 3-4 X 3-4 Ml ( 18 12,600.00 226,800.00 10 25868 Bot Staining Reagent For Wbc, Baso, Nrbc, 1-2 X 82-100ml 5 12,600.00 63,000.00 Note: Winning Bidder Must Provide A Fully-automated 6-part Hematology Analyzer With Fluorescence Flow Cytometry, Hydrodynamic Focusing And Cyanide Free Sls Methods, Optional License Available For Reticulocyte And Body Fluids And Lis Ready Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. The Supplier Must Provide Certificate Of Neqas Participation With Excellent Results, Free Washing Solution, Back-up Machine And Ups. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date At To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 6,087,000.00 Lot 21 For Hematology: 1 2825/576846 Bot Diluent For Rinsing And Rbc,plt Dilution, 20 - 30 L , 400-500 Tests/bot 9 7,600.00 68,400.00 2 2827 Bot Lysing Agent For Wbc Differential Count, 1-2l, 400-500 Tests/bot 12 8,100.00 97,200.00 3 2828 Bot Wbc Staining Reagent For Differential Count, 12-15ml, 250-350 Tests/bot 12 6,100.00 73,200.00 4 2829 Bot Diluent For Reticulocyte 1-3l , 400-500 Tests/bot 6 7,100.00 42,600.00 5 2830 Bot Reticulocyte Staining Reagent, 12-15ml, 400-500 Tests/bot 6 19,100.00 114,600.00 6 2831 Bot Probe Cleanser, 50-60ml, 10-12 Tests/bot 6 1,600.00 9,600.00 7 2832 Bot Esr Solution Reagents, 1-2l, 400-500 Tests/bot 6 8,600.00 51,600.00 8 2833 Set Control For Cbc & Esr, 3-4 X 4.5-5ml, Tri-pack (l,n,h) 6 13,600.00 81,600.00 9 2834 Set Control For Retic, 3-4 X 4.5-5ml, Tri-pack (l,n,h) 6 13,600.00 81,600.00 10 646346 Bot Cyanide Free Lysing Solution Hgb Determination 1-2 L 9 7,600.00 68,400.00 11 203199 Kit Calibrator 1-2 X 4-5 Ml 1 5,800.00 5,800.00 Note: Winning Supplier Must Provide An Automated And Lis Ready Automatic Hematology Analyzer That Utilize Sf Cube Method To Count Wbc, 5-part Diff, Nrbc, Ret, And Plt-o Dc Impedance Method For Rbc And Pltcyanide Free Reagent For Hemoglobin Tests These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory, Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables And Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementiond Items. Sub-total: 694,600.00 Lot 22 1 2118 Kit Gel Abo/rh(2d) Card, 2-4 X 25-30 Cards, 50-60 Test 150 13,800.00 2,070,000.00 2 2119 Kit Gel Coombs Card, 2-4 X 25-30 Cards, 400-450 Test 7 38,000.00 266,000.00 3 2120 Kit Gel Neutral Card , 2-4 X 25-30 Cards, 400-450 Test 7 38,000.00 266,000.00 4 2121 Kit A1/b Reagent Red Blood Cells, 2-4 X 10-12ml, 110-150 Tests/kit 15 13,300.00 199,500.00 5 2122 Kit Saline-based Concentrated Wash Solution, 12-15x 125-150ml, 880-900 Test/kit 6 6,100.00 36,600.00 6 2123 Kit Surfactant Concentrated Wash Solution 12-15x 125-150ml, 3000-3500 Test/kit 4 6,100.00 24,400.00 7 2124 Kit Low Ionic Strength Solution, 2 -4 X 100-200 Ml 250-300 Tests 69 5,600.00 386,400.00 Note: Winning Supplier Must Provide A Fully Automated Machine Using Column Agglutination Technology For Crossmatching, Ups, Willing To Provide A Back-up Machine When Necessary And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. The Supplier Must Provide Itemswith Expiry Date Of At Least 1 Year Upon Delivery , A Copy Of Delivery Receipt To The Laboratory, Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. These Items Must Be Evaluated As Acceptable By The End-user. Sub-total: 3,248,900.00 Lot 23 New Reagents: Ortho Vision Machine 1 New Box Liss 3-4 X 10-12 Ml, 550- 600 Tests/box 96 50,000.00 4,800,000.00 2 New Box Ahg 400 -500 Cassettes, 2,400-2500 Tests/box 4 350,000.00 1,400,000.00 3 New Box A,b,d, Control, Reverse , 100-200 Cassettes, 100-200 Tests/box 255 20,000.00 5,100,000.00 4 New Box A1 & B Cells 2 -3 X 3-4 Ml/set, 150-200 Tests/box 57 4,000.00 228,000.00 5 New Box Whole Blood-based Quality Control, 5-6 Ml X 4 -5 Vial /box 6 25,000.00 150,000.00 6 New Box 7% Bovine Serum Albumin Solution , 5-6 Ml X 12-15 Bots/box 6 20,000.00 120,000.00 7 New Box 0.8% Reagent Red Blood Cells , 3-4 X 10-12 Ml/box 3 40,000.00 120,000.00 8 New Box Analyzer Evaporation Caps For Reagent Red Cells , 10-12 Ml, 250-300 Pcs/box 6 30,000.00 180,000.00 9 New Box Analyzer Evaporation Caps For Reagent Red Cells , 3-5 Ml, 500-600 Pcs/box 6 30,000.00 180,000.00 10 New Box Analyzer Dilution Trays 16 -20 X 180-200 Trays, 2880-3000 Tests/box 9 30,000.00 270,000.00 11 New Gal 01. M Naoh , 1-2l/gal 1 200.00 200.00 Note: Winning Supplier Must Provide A Fully Automated In Vitro Immunohematology Machine Using Column Agglutination Technology With Digital Image Processing And Capable Of Performing Antibody Screen, Ups, Willing To Provide A Back-up Machine When Necessary And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery , A Copy Of Delivery Receipt To The Laboratory, Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. These Items Must Be Evaluated As Acceptable By The End-user. Sub-total: 12,548,200.00 Lot 24 Reagent For Automated Urine Analyzer: W/ Digital Imaging Technology - In Patient 1 2422 Box Sheath Fluid, 20-25 L, 1000-1500 Tests 12 45,100.00 541,200.00 2 2423 Bot Cleaning Liquid , 500 - 1000l 18 9,100.00 163,800.00 3 2424 Bot Cleaning Fluid (urine Sediment Detergent), 4-5 X 500-1000 Ml 12 8,000.00 96,000.00 4 2425 Bot Calibrator , 125-150 Ml 6 9,000.00 54,000.00 5 2426 Bot Focus Adjustment Fluid, 125-150 Ml 18 9,000.00 162,000.00 6 2427 Bot Quality Control Positive, 125-150 Ml 18 9,000.00 162,000.00 7 2428 Bot Quality Control Negative, 125-150 Ml 18 9,000.00 162,000.00 8 2429 Bot Urine Strips (14 Parameters), 100-200's Per Bottle 240 1,900.00 456,000.00 9 2430 Bot Quality Control (negative) Chemistry 2-4 X 8-10 Ml 12 4,900.00 58,800.00 10 2431 Bot Quality Control (positive) Chemistry 2-4 X 8-10 Ml 12 4,900.00 58,800.00 Note: Winning Bidder Must Provide A Fully Automated Integrated Hybrid Urine Analyzer That Utilizes Flow Cytometry & Digital Imaging Technology, Can Detect Microalbumin, Creatinine, Calcium And Ascorbic Acid, And Lis Ready. The Supplier Must Also Provide Ups And A Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user.the Supplier Must Provide Reagents With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 1,914,600.00 Lot 25 Reagent For Automated Urine Analyzer: Utilizes Bright Field And Phase Contrast Microscopy - In Patient 1 2433 Box Urine Test Strips With 11 Parameters 30 3,300.00 99,000.00 Note: Winning Bidder Must Provide A Fully Automated Urine Analyzer That Uses Bright Field & Phase Contrast Microscopy & Lis Ready. The Supplier Must Provide Ups, Free Controls, A Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable, And Back-up Machine. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Reagents With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 99,000.00 Lot 26 1 2254 Box Gn (gram Negative Identification), 20 -30 Cards/box 30 11,220.00 336,600.00 2 2255 Box Gp (gram Positive Identification), 20 -30 Cards/box 30 11,220.00 336,600.00 3 2256 Box Ast-n (gram Negative Susceptibility), 20 -30 Cards/box 45 11,220.00 504,900.00 4 2257 Box Ast-p (gram Positive Susceptibility), 20 -30 Cards/box 30 11,220.00 336,600.00 5 2258 Bot 0.45% Nacl Inhalation Solution, Usp, 1-2 L 25 5,280.00 132,000.00 6 2259 Box Sterile Incubation Tubes, 2000-2500’s 10 38,720.00 387,200.00 Note: Winning Bidder Must Provide Automated Machine For Microbial Identification And Antibiotic Susceptibility That Can Identify Fastidious Organism ( Neisseria Species, Hemophilu Sp, Streptococcu Sp, Candida Sp, Etc.) Back-up Machine, Ups And Copyof Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 2,033,900.00 Lot 27 For Gram Staining: 1 2260 Kit Gram Hucker Staining Kit For Automated Staining 20 15,400.00 308,000.00 Machine, Ready-to-use, 4 X 200 Ml, 500-600 Slides Per Kit Sub-total: 308,000.00 Note: Winning Supplier Must Provide An Automated Staining Unit With Rfid System, 2 Baskets Of 10 Slides, Lcd Touchscreen, Continous Loading And Unloading Capability, 4 Staining Stations, 1 Rinsing Station And Automatic Waste Removal. The Supplier Must Also Provide Back-up Machine And Ups.these Items Must Be Evaluated As Acceptable By The End-user, The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The With The Departments Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Lot 28 For Blood Culture Testing: 1 2262 Piece Pediatric Fan (pf) Blood Culture Bot., Plastic W/ Ard, 20 -30ml 6000 770.00 4,620,000.00 Note: Winning Bidder Must Provide Automated Machine For Microbial Identification And Antibiotic Susceptibility Testing, Back-up Machine, Ups And Copy Of Valid Fda Cpr/coe/lto Which Ever Is Applicable. These Items Must Be Evaluated As Acceptable By The End-user, I.e. Able To Identify Fastidious Microorganisms . The Supplier Must Provide Items Of Delivery Receipt To The Laboratory, And Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 4,620,000.00 Lot 29 For Ihc Stains: 1 2442 Kit Polymer Refine Detection, 200-300 Tests 4 108,100.00 432,400.00 2 2443 Bot Wash Solution 10x Concentrate, 1-2l, 500-600 Tests/bot 3 32,600.00 97,800.00 3 2444 Bot Dewax Solution,1-2l, 350-500tests/bot 2 9,900.00 19,800.00 4 2445 Kit Enzyme Pretreatment Kit, 800-1000 Tests 1 61,900.00 61,900.00 5 2446 Bot Epitope Retrieval 1, 1-2l, 170-200 Tests 4 22,000.00 88,000.00 6 2447 Bot Epitope Retrieval 2,1-2l, 170-200 Tests 4 22,000.00 88,000.00 7 2448 Pack Universal Covertiles, 160-200's Per Pack 2 46,200.00 92,400.00 8 2449 Pack Slide Labels And Printer Ribbon, 3000-3500 Tests 1 82,100.00 82,100.00 9 2451 Kit Estrogen Receptor, 7 -8 Ml, 45-50 Tests 6 23,300.00 139,800.00 10 2452 Kit Progesterone Receptor, 7 - 8ml, 45-50 Tests 6 23,300.00 139,800.00 11 2453 Kit C-erb2-2/her2, 6 -7 Ml, 40-45 Tests 6 23,300.00 139,800.00 12 2454 Box Plus Slides 70-80's/box 12 3,600.00 43,200.00 13 2455 Kit E-cadherin, 7 -10ml, 45-50 Tests 1 23,300.00 23,300.00 Note: All The Abovementioned Items Must Be Compatible With The Hospital-owned Immunohistochemistry Staining Machine And Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery, A Copy Of Delivery Receipt To The Laboratory, Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. The Supplier Must Also Provide A Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable. Sub-total: 1,448,300.00 Lot 30 1 2436 Kit G6pd Reagent, 1 X 18 Ml + 1 X 60 Ml. 70 - 80 Tests/kit 3 6,400.00 19,200.00 2 2437 Kit G6pd Control, 2 Sets: 3 Levels X 0.5-1 Ml 3 28,700.00 86,100.00 Note: The Abovementioned Items Must Be Compatible With The Hospital-owned Fully Automated Chemistry Machine For G6pd Confirmatory Testing. The Supplier Must Provide A Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable, Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. Sub-total: 105,300.00 Lot 31 1 2265 Box Biological Indicator, 50-60's For Gravity Sterilizer With Autoreader 1 15,800.00 15,800.00 Note: Wiining Supplier Must Provide Machine Of 3-hour Reading Time With Calibration Certificate, Must Be Evaluated & Acceptable By The End-user, Training Shall Be Conducted By The Principal For Quality Control An Assurance On Machine Use , Warranty Of The Reader Machine For 2 Years Including Parts And Services, Replacement Of The Machine Reader Shall Be Made For Factory Defects. Sub-total: 15,800.00 Category Serology/blood Bank Section 1 2116 Kit Detection Of Dengue Ns1 Antigen And Dengue Igm / 90 5,500.00 495,000.00 Igg Antibodies, 10 -15 Tests / Kit Note: Ns I Ag Is Separated Test Card From Igg / Igm. Winning Supplier Must Provide Free Third Party Control, With Who Standard Of 85% And Above, For Every 1,000 Tests, And A Copy Of Valid Fda-cpr/coe/lto Which Ever Is Applicable. These Items Must Be By The End-user. The Supplier Must Evaluated As Acceptableprovide Reagents With Expiry Date Of At Least 1 Year Upon Delivery, A Delivery Receipt ,and Comply With The Department's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables. 2 2251 Box Malaria (4 [plasmodium Species) Rapid Test 25-30 Test/ Box 225 4,000.00 900,000.00 3 2512 Bot Hemoglobin With Hematocrit Microcuvettes 120 2,400.00 288,000.00 For Ekf Photometer, 50 -100 Tests / Bot. 4 2535 Piece Blood Bag, Double, With Cpda-1 And Donor Tubing Line 4500 455.00 2,047,500.00 Maximum Of 12 Segments Available, 450 -500 Ml 5 2536 Piece Blood Bag, Quadruple, With Cpda-1 And Donor Tubing Line 500 753.00 376,500.00 Maximum Of 12 Segments Available, 450 -500ml 6 2537 Piece Blood Bag, Single, With Cpda-1 And Donor Tubing Line 45 344.00 15,480.00 Maximum Of 12 Segments Available, 450-500 Ml 7 2538 Piece Blood Bag, Triple, With Cpda-1 And Donor Tubing Line 2400 650.00 1,560,000.00 Maximum Of 12 Segments Available, 450-500 Ml These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Sub-total: 5,682,480.00 Hematology Section For Opd & In-patient Section: 8 2562 Box Rapid Staining Of Blood Smear With Fixing Solution 7 7,000.00 49,000.00 And 6 Pcs. Buffer Tablet With Ph 7.2, 3 - 5 X 500 - 1000ml 9 New Set Fast Staining Kit In Hematology 3bots/set 7 5,600.00 39,200.00 These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Sub-total: 88,200.00 Clinical Microscopy Section 10 2434 Box Fecal Occult Blood, Rapid Test , 20 -50 ’s/box 24 3,000.00 72,000.00 11 2698 Box H-pylori Antigen 25-30 Kits/box 32 10,000.00 320,000.00 For Qualitative Detection In Human Fecal Specimen Of H. Pylori Antigen These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Sub-total: 392,000.00 Microbiology Section 12 2263 Pieces Trypticase Soy Agar With 5% Sheeps Blood (tss), 3000 100.00 300,000.00 Ready To Use Plated Media These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. 13 2264 Box Isovitalex Enrichment 1-2 X 5-10ml Vials/box 6900 80.00 552,000.00 These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. 14 2275 Bot Agar, Hemoglobin (dried Bovine), 500 - 700g/bot 15 11,250.00 168,750.00 15 2277 Bot Agar, Mac Conkey 500 - 700g/bot. 60 12,250.00 735,000.00 16 2279 Bot Agar, Mueller Hinton, 500 - 700g/bot 60 10,500.00 630,000.00 17 2289 Bot Agar, Tryptic Soy, 500 - 700g/bot 15 10,000.00 150,000.00 18 2310 Bot Fluid Thioglycolate Medium,500 - 700g/bot 1 11,110.00 11,110.00 19 2311 Bot Gonococcal (gc) Medium Base, 500 - 700g/bot 60 8,600.00 516,000.00 20 2314 Set Gram Staining Set 9 3,960.00 35,640.00 Antibiotic Disks: 21 2343 Cart Optochin Disk (2x30) 50-60’s/cart (taxo Pneumocci) 45 3,600.00 162,000.00 22 2344 Cart Oxidase Disk, 50-60’s/cart (taxo Neisseria) 3 1,800.00 5,400.00 23 2349 Tube Sensitivity Disk, Amikacin, 50 -60’s/tube 36 600.00 21,600.00 24 2350 Tube Sensitivity Disk, Amoxicillin / Clavulanic Acid, 50 -60’s/tube 60 600.00 36,000.00 25 2351 Tube Sensitivity Disk, Ampicillin Sulbactam, 50 -60’s/tube 30 600.00 18,000.00 26 2352 Tube Sensitivity Disk, Ampicillin, 50 -60’s/tube 45 600.00 27,000.00 27 2354 Tube Sensitivity Disk, Aztreonam, 50 -60’s/tube 60 600.00 36,000.00 28 2356 Tube Sensitivity Disk, Cefazolin, 50 -60’s/tube 60 600.00 36,000.00 29 2357 Tube Sensitivity Disk, Cefepime, 50 -60’s/tube 60 600.00 36,000.00 30 2360 Tube Sensitivity Disk, Cefotaxime, 50 -60’s/tube 60 600.00 36,000.00 31 2361 Tube Sensitivity Disk, Cefoxitin, 50 -60’s/tube 60 600.00 36,000.00 32 2362 Tube Sensitivity Disk, Ceftazidime,50 -60’s/tube 30 600.00 18,000.00 33 2363 Tube Sensitivity Disk, Ceftriaxone, 50 -60’s/tube 30 600.00 18,000.00 These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. 34 2364 Tube Sensitivity Disk, Cefuroxime, 50 -60’s/tube 30 600.00 18,000.00 35 2366 Tube Sensitivity Disk, Ciprofloxacin, 50 -60’s/tube 30 600.00 18,000.00 36 2368 Tube Sensitivity Disk, Clindamycin, 50 -60’s/tube 30 600.00 18,000.00 37 2370 Tube Sensitivity Disk, Cotrimoxazole / 30 600.00 18,000.00 Trimethoprim-sulfamethoxazole, 50 -60’s/tube 38 2372 Tube Sensitivity Disk, Doripenem, 50 -60’s/tube 1 600.00 600.00 39 2373 Tube Sensitivity Disk, Ertapenem, 50 -60’s/tube 30 600.00 18,000.00 40 2374 Tube Sensitivity Disk, Erythromycin, 50 -60’s/tube 30 700.00 21,000.00 41 2375 Tube Sensitivity Disk, Fostomycin,200 -400 Μ/tube 1 800.00 800.00 42 2377 Tube Sensitivity Disk, Gentamycin, 50 -60’s/tube 30 600.00 18,000.00 43 2378 Tube Sensitivity Disk, Imepenem, 50 -60’s/tube 60 600.00 36,000.00 44 2379 Tube Sensitivity Disk, Levofloxacin, 50 -60’s/tube 60 600.00 36,000.00 45 2380 Tube Sensitivity Disk, Linezolid, 50 -60’s/tube 30 600.00 18,000.00 46 2381 Tube Sensitivity Disk, Meropenem, 50 -60’s/tube 30 600.00 18,000.00 47 2382 Tube Sensitivity Disk, Minocycline, 50 -60’s/tube 30 600.00 18,000.00 48 2388 Tube Sensitivity Disk, Penicillin G, 50 -60’s/tube 30 600.00 18,000.00 49 2389 Tube Sensitivity Disk, Piperacillin / Tazobactam, 50 -60’s/tube 30 600.00 18,000.00 50 2390 Tube Sensitivity Disk, Rifampin, 50 -60’s/tube 30 600.00 18,000.00 51 2394 Tube Sensitivity Disk, Tetracycline, 50 -60’s/tube 60 600.00 36,000.00 52 2396 Tube Sensitivity Disk, Tobramycin, 50 -60’s/tube 60 600.00 36,000.00 These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. 53 New Antibiotic Disks: 54 2819/720955 Tube Sensitivity Disk, Cefiderocol 30 Ug, 50-60's/tube 60 600.00 36,000.00 55 2820/706580 Tube Sensitivity Disk, Ceftazidime - Avibactam, 30/20 Ug, 50-60's/tube 60 650.00 39,000.00 56 2821/227161 Tube Sensitivity Disk, Imipenem - Relebactam, 10/25 Ug, 50-60's/tube 60 600.00 36,000.00 57 2822/801037 Tube Sensitivity Disk, Plazomicin, 30 Ug, 50-60's/tube 60 600.00 36,000.00 58 2823/959634 Tube Sensitivity Disk, Ceftolozane-tazobactam, 30/10 Ug, 50-60's/tube 60 600.00 36,000.00 59 New Tube Sensitivity Disk, Cefotetan, 30 Ug, 50-60's/tube 60 600.00 36,000.00 60 New Tube Sensitivity Disk, Meropenem - Vaborbactam 60 600.00 36,000.00 61 , 20/10 Ug, 50-60's/tube 62 New Tube Sensitivity Disk, Ceftaroline, 30 Ug, 50-60's/tube 60 600.00 36,000.00 63 2581 Set Modified Staining Kit For The Detection Of 25 11,000.00 275,000.00 64 Mycobacteria / Afb By Hot Staining Method, 4 - 6 X 250 - 500ml These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Sub-total: 4,532,900.00 Histopathology Section 65 2480 Gal Ethanol Ar, Absolute, 2.5 -5l 50 2,200.00 110,000.00 66 2485 Pack Multi-tissue Cassettes, Plastic With Lids 250 -300pcs. / Pack 30 2,600.00 78,000.00 (embedding Cassettes) 67 2487 Pack Tissue Embedding Medium, 1 - 2kg / Bag 36 1,400.00 50,400.00 (pellet Form Melting Point 56°c) 68 2552 Box Coverslip 24x56 -60mm., 100-150’s 30 154.00 4,620.00 69 2660 Bot Eosin Y (alcohol Based Secondary Stain )900-1000ml 3 1,700.00 5,100.00 70 2484 Bot Harris Hematoxylin, 900-1000 Ml/bot 3 2,200.00 6,600.00 These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Sub-total: 254,720.00 Drug Testing Section 71 2441 Piece Dual Drug Testing Kit (one-step Urine Test) 1600 60.00 96,000.00 Containing: Methamphitamine & Tetrahydrocannabinol Sub-total: 96,000.00 (validated Kits W/ Free Urine Collecting Bots.) These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Reception/ Phlebotomy: Sample Collection & Patient Preparation 72 2508 Bot Glucose Solution, Oral, 75 G., 200- 240 Ml / Bot. 400 330.00 132,000.00 For Capillary Blood Sugar Determination 73 2117 Box Glucose Strips, Laminated Strips Using Electrode 900 1,000.00 900,000.00 Palladium With 0-70% Widest Hematocrit Range, Individually Foil Wrapped, 50-60's / Box 74 2534 Box Abg Heparinized Syringe 3cc W/ Needle 120 7,600.00 912,000.00 And Air Venting Mechanism G.22/g.23,100- 200’s 75 2539 Box Blood Collecting Tube, Edta, Lavender, 1350 900.00 1,215,000.00 2 Ml - 4 Ml Sprayed W/ 3.6 Mg K2edta, Plastic W/ Screw Cap, 100-150’s 76 2540 Box Blood Collecting Tube, 0.5 Ml, Edta, Lavender, 450 900.00 405,000.00 Sprayed W/ 3.6 Mg K2edta Plastic W/ Screw Cap, 100-150’s 77 2541 Box Blood Collecting Tube, Clot Activator With Gel, 1350 900.00 1,215,000.00 2 Ml - 4 Ml, Plastic With Screw Cap, 100-150’s 78 2543 Box Blood Collecting Tube, 0.5 Ml, Plain Tube, 60 770.00 46,200.00 Plastic With Screw Cap, Red, 100 - 150’s These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. 79 2545 Box Blood Collecting Tube, With 3.2% Sodium Citrate,0.5ml 180 1,300.00 234,000.00 Blue, Plastic With Screw Cap, 100 -150’s 80 2546 Box Blood Collecting Tube, With 3.2% Sodium Citrate, 1.5 Ml - 2 Ml 230 900.00 207,000.00 Blue, Plastic With Screw Cap, 100 -150’s 81 2791 Box Blood Collecting Tube, 3 Ml -4 Ml, 60 660.00 39,600.00 Glass Plain With Screw Cap, 100 - 150’s 82 2547 Box Blood Lancet, Plastic, Gauge 21, 200 - 300’s 300 1,000.00 300,000.00 Single-use With Twist-off Plastic Cap 83 2550 Box Contact-activated Lancet, Blade Type, 2mm Depth, 45 4,300.00 193,500.00 High Flow Volume Of Blood, Retracts Automatically , 200-250 Pcs/box 84 2553 Box Blood Collecting Tube Edta, Pink , 2ml -3ml Sprayed W/ 180 1,350.00 243,000.00 3.6 Mg. K2edta Plastic, Preferably W/ Screw Cap, 100's Per Box For Crossmatching And Blood Typing 85 2560 Box Flashback Needle 22 G, Silicon Coated, Latex-free Multi-sample 150 1,100.00 165,000.00 Needle With Viewing Chamber 50 -100's/box 86 2566 Box Glass Slides, Frosted, 70-80’s/box, Preferably With Safety Corners 612 154.00 94,248.00 2567 Box Glass Slides, Plain, 70-80’s/box, Preferably With Safety Corners 150 143.00 21,450.00 87 2577 Piece Sputum Cups, Wide, Plastic W/ Label And Screw Cap 20-30ml 6000 11.00 66,000.00 87 2587 Piece Urine Collecting Container With Labelling Tag And Screw 19000 11.00 209,000.00 Cap, Sterile, 60 -70ml 88 Newspecs Box Syringe 01ml With Needle , 26g X 1/2", 60 980.00 58,800.00 Sterile Non-pyrogenic,individually Pack,disposable, 100-150's 89 Newspecs Box Syringe 03ml With Needle , 23g X 1-1/2", Luer Lock Tip, 1350 880.00 1,188,000.00 Sterile Non-pyrogenic,individually Pack,disposable, 100-150's 90 Newspecs Box Syringe 05ml With Needle , 23g X 1-1/2", Luer Lock Tip, 1950 950.00 1,852,500.00 Sterile Non-pyrogenic,individually Pack,disposable, 100-150's 91 Newspecs Box Syringe 10ml With Needle , 23g X 1-1/2", Luer Lock Tip, 90 1,160.00 104,400.00 Sterile Non-pyrogenic,individually Pack,disposable, 100-150's These Items Must Be Evaluated As Acceptable By The End-user. The Supplier Must Provide Items With Expiry Date Of At Least 1 Year Upon Delivery And A Copy Of Delivery Receipt To The Laboratory. The Supplier Must Comply On The Lab's Policy Regarding Replacement Of Near-expiry Reagents Or Consumables.the Supplier Must Also Provide A Copy Of Fda-cpr/coe/lto For The Abovementioned Items. Sub-total: 9,801,698.00 Grand Total 138,615,548.00