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Details: Solicitation Number: 7200aa25r00015 issuance Date: December 23, 2024 closing Date And Time: January 23, 2025 , 1:00 Pm Eastern Standard Time (est) subject: Solicitation For U.s. Personal Service Contractor (uspsc) dear Prospective Offerors: the United States Government (usg), Represented By The U.s. Agency For International Development (usaid), Is Seeking Offers From Qualified U.s. Citizens To Provide Personal Services As A Country Representative - Angola (fs-02) Under A Personal Services Contract, As Described In The Attached Solicitation. offers Must Be In Accordance With Attachment 1 Of This Solicitation At The Place And Time Specified. Incomplete Or Unsigned Offers Will Not Be Considered. Offerors Should Retain Copies Of All Offer Materials For Their Records. usaid Will Evaluate All Offerors Based On The Stated Evaluation Criteria. Usaid Encourages All Individuals, Including Those From Disadvantaged And Under-represented Groups, To Respond To The Solicitation. offerors Interested In Applying For This Position Must Submit The Following Materials: 1. Complete Resume. In Order To Fully Evaluate Your Offer, Your Resume Must Include: (a) Paid And Non-paid Experience, Job Title, Location(s), Dates Held (month/year), And Hours Worked Per Week For Each Position. Dates (month/year) And Locations For All Overseas Field Experience Must Also Be Detailed. Any Experience That Does Not Include Dates (month/year), Locations, And Hours Per Week Will Not Be Counted Towards Meeting The Solicitation Requirements. (b) Specific Duties Performed That Fully Detail The Level And Complexity Of The Work. (c) Names And Contact Information (phone And Email) Of Your Current And/or Previous Supervisor(s). (d) Education And Any Other Qualifications Including Job-related Training Courses, Job-related Skills, Or Job-related Honors, Awards Or Accomplishments. (e) U.s. Citizenship. note: Your Resume Should Contain Explicit Information To Make A Valid Determination That You Fully Meet The Experience Requirements As Stated In This Solicitation. This Information Should Be Clearly Identified In Your Resume. Failure To Provide Explicit Information To Determine Your Qualifications For The Position Will Result In Loss Of Full Consideration. 1 | Page 2. Supplemental Document Specifically Addressing: each Of The Three (3) Evaluation Factors Shown In The Solicitation. Responses Must Be Limited To 500 Words Per Factor. Any Additional Words Above The Limit Will Neither Be Read Nor Scored. note: The Evaluation Factors Are Worth 70 Out Of 100 Points. Offerors Are Required To Address Each Of The Evaluation Factors In A Separate Document Describing Specifically And Accurately What Experience, Training, Education And/or Awards They Have Received That Are Relevant To Each Factor. 3. Uspsc Offeror Information For Personal Services Contracts Form Aid 309-2. Offerors Are Required To Complete And Sign The Form. We Are Currently Accepting Electronic Signatures On The Aid 309-2 Form. additional Documents Submitted Will Not Be Accepted. Incomplete Or Late Offers Will Not Be Considered. Your Complete Resume And The Aid 309-2 Form Must Be Mailed Or Emailed To Otijobs@usaid.gov offerors Can Expect To Receive A Confirmation Email When Offer Materials Have Been Received. Offerors Should Retain For Their Records Copies Of All Enclosures Which Accompany Their Offers. This Solicitation In No Way Obligates Usaid To Award A Psc Contract, Nor Does It Commit Usaid To Pay Any Cost Incurred In The Preparation And Submission Of The Offer. offeror Resources Are Available At Https://otijobs.net/uspsc-application-guidance. Any Questions On This Solicitation May Be Directed To: oti Recruitment Team e-mail Address: Otijobs@usaid.gov website: Www.otijobs.net sincerely, maria Del Carmen Grizzard contracting Officer m/oaa/cps 2 | Page 7200aa25r00015 attachment I i. General Information 1. Solicitation No.: 7200aa25r00015 2. Issuance Date: December 23, 2024 3. Closing Date And Time For Receipt Of Offers: January 23, 2025, 1:00 Pm Eastern Time 4. Point Of Contact: Oti Recruitment Team, E-mail At Otijobs@usaid.gov. 5. Position Title: Country Representative 6. Market Value: This Position Has Been Designated At The Fs-02 Equivalent Level, Overseas Comparability Pay, Ocp, ($121,803-$178,873 Per Annum). Final Compensation Will Be Negotiated Within The Listed Market Value Based Upon Qualifications, Previous Relevant Experience And Work History, Salary And Educational Background. Salaries Over And Above The Pay Range Will Not Be Entertained Or Negotiated. please Be Advised Selectee(s) Will Be Required To Travel To Washington, Dc For Agency Onboarding Processing And Badging Regardless Of Place Of Performance. Uspscs With A Home Of Record Outside Of The 50 Mile Dc Radius, Per Agency Travel Policy, Will Be Reimbursed For Travel To The Official Usaid Worksite In Washington, Dc. In Order To Be Reimbursed, The Selectee Must Have A Travel Authorization (ta) Completed Prior To Traveling. For Uspscs Within The 50 Mile Dc Radius, Any Required Travel For The Purpose Of Completing The Onboarding And Badging Process Will Be A Personal Expense. Per Agency Regulations, Any Required Travel For Uspscs Within 50 Miles From An Employee’s Residence, Duty Station, Or Place Of Performance Will Be A Personal Expense. 7. Period Of Performance: One Year, With Four One-year Option Periods. start Date: Within 45 Days Of Receiving Notification That Required Security And Medical Clearances Have Been Obtained. 8. Place Of Performance: Angola overseas Uspscs May Be Authorized To Telework Or Remote Work Only From A Location Within The Country Of Performance, In Accordance With Mission Policy. Telework Or Remote Work From Outside The Country Of Performance May Only Be Authorized In Certain Situations In Accordance With The Terms And Conditions Of The Contract. 9. Eligible Offerors: United States Citizens 3 | Page 10. Security Level Required: Secret 11. Statement Of Duties position Description background usaid’s Office Of Transition Initiatives (oti) Is Seeking Highly Motivated, Highly Qualified Individuals Who Want The Opportunity To Help Support Rapid International Transition Programs For Priority Conflict-prone Countries. Created In 1994 As A Distinct Operating Unit Within Usaid, Oti Helps Local Partners Advance Peace And Democracy In Politically-transitioning Countries. In Support Of U.s. Foreign Policy, Oti Seizes Emerging Windows Of Opportunity In The Political Landscape To Promote Stability, Peace, And Democracy By Catalyzing Local Initiatives Through Adaptive And Agile Programming. countries Experiencing A Significant Political Transition In The Midst Of A Disaster Or Emerging From Civil Conflict Have Unique Needs That Cannot Be Fully Addressed By Traditional Disaster Relief. Timely And Effective Assistance To Promote And Consolidate Peaceful, Democratic Advances Can Make The Difference Between A Successful Or A Failed Transition. Oti Assists In Securing Peace By Aiding Indigenous, Mostly Non-governmental, Civil Society And Media Organizations. Oti Uses Such Mechanisms As Support For Re-integration Of Ex-combatants Into Civilian Society; Development Of Initiatives To Promote National Reconciliation; Identification Of Quick-impact Community Self-help Projects To Meet Urgent Economic Needs; And Aid To Independent Media Outlets And Community-based Organizations To Help Promote Informed Debate And Broaden Public Participation. to Respond Quickly And Effectively And Meet Its Program Objectives And Mandate Oti Retains A Group Of High Level Professionals And Experts Under U.s. Personal Services Contracts (uspscs). These Knowledgeable And Skilled Professionals Make Up The Vast Majority Of The Oti Work Force And Are At Its Forefront Implementing And Achieving The Office’s Programmatic Goals And Objectives.there Are Several Benefits That Uspscs May Participate In, Such As Partial Reimbursement For Health And Life Insurance Costs, As Well As Full Coverage Of Workers’ Compensation, Among Other Benefits. For More Complete Information On Uspsc Benefits, Please See Section Vi Of This Solicitation. oti’s Core Values: agility oti Addresses Complex Political Problems Through Context Analysis, Experimentation, And strategic Resource Use. Applying An Adaptive Mindset In Washington And The Field Accelerates Timely Positive Change. 4 | Page political oti Seeks To Understand How Power Is Created, Traded, And Facilitated, Requiring That We Acknowledge Our Privilege And The Limits Of Our Power. This Understanding Helps Us Act On Power Dynamics And Harness Them For Transformation. accountability oti Exhibits A Sense Of Ownership And Integrity In The Work We Do, And Holds A Sense Of Responsibility To Each Other, The Local Partners We Engage, The Policies And Programs We Advance With Our Implementing Partners, And The Taxpayer. curiosity oti’s Mission Demands Learning And Adaptation. Our Relentless Curiosity Drives Us To Wonder About People, Problems, And Possibilities. We Question The Status Quo, Seek To Understand Amid Uncertainty, And Treat Mistakes As A Compass Pointing Us Toward More Effective Approaches. diversity & Inclusion oti’s Ability To Achieve Its Mission And Live Out Its Values Is Propelled By Our Collective Responsibility To Create A Sense Of Belonging For All In Our Work Environment. Oti Values The Diversity Of Each Others’ Authentic Selves, Building A Foundation Of Trust And Respect. courage oti Embraces Our Engagements With One Another, Our Stakeholders, And Our Programs With Intentionality And Optimism. Achieving Our Mission Requires That We Take Risks And Tackle Difficult Conversations And Decisions. A Courageous Oti Is A Force For Positive Change. oti’s Deia Vision Statement: Oti Is A Collaborative Environment That Represents The Global Community At All Levels Of Our Organization. Uniting Diverse Backgrounds And Experiences, We Value Individual Expertise To Advance Peace And Democracy Around The World. values And Associated Behaviors That Will Enable This Vision Are: trust ● Model Open Communication, Active Listening And Candor. ● Believe Others When They Share Their Experiences. respect ● A Respectful Attitude Should Be Shown To Everyone. ● Allow For Others To Express Complete Opinion/thoughts Without Interruption, While Recognizing That There Are Other Perspectives And Lived Experiences. 5 | Page belonging (accessibility) ● Serve As An Ally To Those Who Feel Excluded (professionally, Socially, Personally, Etc.). ● Promote Togetherness And Acceptance Through Equitable Behavior. empathy ● Listen To Understand, Create Space To Be Real/feel. ● Remind Yourself To Be Conscious Of How Others May Feel Or Receive Your Words Self-awareness/accountability ● Supervisors Hold Their Peers To Account On Their Expectations And Behaviors. ● Seek Regular, Constructive Feedback To Understand How Your Words And Actions Affect And Influence Others, And How They Are Being Perceived And Interpreted. ● Acknowledge Unconscious Bias And Be Willing To Learn And Change Behavior When Confronted/corrected. for More Information About Oti And Its Country Programs Please See: https://www.usaid.gov/stabilization-and-transitions introduction the Country Representative Is A Member Of The Bureau For Conflict Prevention And Stabilization (cps)/oti Southern And East Africa (sea) Regional Team, Reports To The Oti Sea Regional Team Lead Or Designee, And Is Based In Angola. The Incumbent May Be Required To Travel Regionally As Necessary. The Country Representative’s Principal Responsibility Will Be Development, Oversight And Management Of Cps/oti's Angola Country Program. The Incumbent Will Be Called Upon To Represent Oti’s Mission And Programs To Senior-level Government Officials, In-country Visitors, Senior Officials From Other International Organizations, Bilateral Donors And Local Government Officials. core Functional Areas Of Responsibility duties And Responsibilities the Work Of The Country Representative Requires Teamwork, The Exercise Of Discretion, Judgment, And Personal Responsibility. As A Member Of A Highly Operational Office, You Are Willing And Able To Perform A Wide Range Of Administrative Functions To Help Ensure Programmatic Success. You Have A High Level Of Integrity And Attention To Detail To Ensure The Use Of Oti Systems And Procedures To Maintain Effective And Efficient Management Of Funds, Programming, And Monitoring And Evaluation. You Are Highly Flexible And Willing To Work Under Conditions Of Ongoing Change, And Remain Professional And Respectful Of Colleagues And Authority In A Diverse Workforce. You Place A Premium On The Building Of Positive Relationships With Your Respective Team In Washington, D.c., Colleagues In The Field, And With Key Stakeholders Both In And Outside Of Usaid. You Are Able To Prioritize And Complete Tasks Without Follow-up By The Supervisor, While Also Filling In Gaps As Needed To Ensure The Responsiveness Of The Team. You Are A Strategic 6 | Page thinker, Articulates Innovative Ideas, Presents Solutions, And Are A Positive Role Model For colleagues Both In And Outside Of Oti. You Are Also Committed To Upholding Usaid/oti’s Diversity, Equity, Inclusion, And Accessibility’s (deia) Vision And Values As Outlined In The Background. under The Direct Supervision Of The Washington-based Cps/oti Regional Team Leader For The Southern And East Africa Team Or His/her Designee, The Country Representative Will Perform The Following Duties: ● Manage A High-profile Program In A Dynamic Environment And Provide Strategic, Programmatic, And Operational Guidance To Oti’s Implementing Partners (contractors And/or Grantees) While Leveraging Critical Local Staff Input, And The Partner’s Role In Strategy Co-creation, To Ensure That Activities Are Contributing To Oti’s Program Objectives; ● Conceptualize And Design Program Strategies And Objectives In Close Coordination With Oti Staff In Washington And In The Field, The Embassy, Host Country Government, Implementing Partner Staff And Local Civil Society Actors Based On Political And Context Analysis And U.s. Government Policy; Initiate Strategy Reviews As Needed In Line With Changes In Context And Policy; ● Analyze, Synthesize And Report On Current Political Developments, Security Concerns, And Other Pertinent Information Required To Achieve Oti’s Program Objectives; Monitor Local And Regional Political Developments And Regularly Brief Oti And Partner Staff On Their Potential Programmatic Impact; ● Responsible For Managing Program Effectiveness; Ensuring Strategic Accountability; Setting Realistic Intended Program Results And Program Achievements By Utilizing Oti’s Programming Principles And Processes And Regularly Engaging With The Resources Available To Support And Measure Program Effectiveness; ● Articulate Program Strategy, As Well As Communicate And Coordinate Oti’s In-country Activities Between Oti And Its Implementing Partners, Usaid, The Embassy And Other Donor Organizations; Prepare And Disseminate Programmatic, Financial And Periodic Reports To Usaid/angola, Oti/washington And Other Organizations As Appropriate; ● Serve As Oti’s Primary Liaison With Usaid/angola Personnel, U.s. Embassy Staff, Host-country Government Officials, Un Organizations, Indigenous And International Non-governmental Organizations (ngos), And Other Stakeholder Organizations. Develop And Maintain Collaborative Relationships To Ensure Close Coordination At The Field Level, Identify The Widest Range Of Potential Local Partners And Opportunities, And Achieve Maximum Synergy With Other Programs; ● Build, Lead, Supervise, And Motivate A Team Composed Of Uspscs And A Significant Number Of Implementing Partner Staff In Angola. In Close Coordination With The 7 | Page Implementing Partner, Continuously Review And Design Staffing Plans To Meet Overall Program Objectives; Recruit, Train, Supervise, And Evaluate The Performance Of In-country Oti Staff. Maintain Staff Morale In A Difficult Security And Work Environment; ● Provide Recommendations To The Washington-based Contracting Officer Representative (cor) And/or The Regional Team Leader On Implementing Partner Performance, Budgets, Contract Modifications, Among Other Partner Related Issues; ● Provide Usaid Concurrence On All Implementing Partner Activities, Including Final Approval Of Grantees For Grants Under Contract, In Accordance With The Usaid’s Automated Directives System (ads); ● Ensure The Use Of Oti Systems And Procedures To Maintain Effective And Efficient Management Of Funds And Programming; ● Ensure That Oti’s Programs And Activities Are Monitored And Evaluated And That Lessons Learned Are Applied To Ongoing Or Future Activities; ● Prepare Operational Plans In Collaboration With The U.s. Embassy, Including Logistics And Property Use Guidelines, Closeout And Hand-over, Security Procedures, And Contingency And Evacuation Plans; Review And Concur On Oti Program Budgets For Field Operations; ● Ensure That All Oti Field Staff Adhere To In-country Security Guidelines Set By The U.s. Embassy Regional Security Officer And Other Organizations Such As The United Nations Or Host Government, As Appropriate; Coordinate Closely With Implementing Partner Senior Management To Provide Relevant Security Related Information From The Embassy; ● Travel Within The Country/region To Monitor And Assess Political Conditions, And Implementing Partner Operational Platforms, Meet With Potential Grantees, Senior Host-country Government And Other Program Counterparts, And Develop Recommendations To Respond To Evolving Dynamics; And, ● Serve On Temporary Details Within Oti, Other Usaid Bureaus/offices, Or Other U.s. Government (usg) Agencies Under This Scope Of Work For A Period Not To Exceed Six (6) Months. Duties Performed While On Detail Must Be Directly Related To The Scope Of Work, But May Not Be Directly Related To Oti Programs Or Activities. Contracting Officer (co) Approval Is Required For The Temporary Detail. Any Extension Past The Six (6) Months Requires Co Approval. supervisory Relationship: the Country Representative – Angola Will Report To Oti’s Washington-based Team Leader For The Southern And East Africa (sea) Regional Team Or His/her Designee. The Country Representative Is Expected To Take Initiative, Act Independently, And Manage His/her Tasks With Minimal Supervision. Though This Is A Senior Field-based Position, The Incumbent Is Expected To 8 | Page actively And Proactively Collaborate With Oti/washington Leadership, And To Fully Utilize, Embrace, And Become An Expert On Oti Systems And Processes. Failure To Adequately Perform The Scope Of Work Above And/or Failure To Take Direction From The Supervisor May Result In Corrective Actions, Including Denial Of Step Or Grade Increases, Extension Of Contract Probationary Periods, Performance Improvement Plans, And/or Termination For The Convenience Of Usaid/oti. supervisory Controls: at The Fs-02 Level, The Supervisor Provides Administrative Direction In Terms Of Broadly Defined Missions Or Functions. The Incumbent Independently Plans, Designs And Carries Out Projects, Studies, And Programs. Results Of The Work Are Considered Technically Authoritative. There Is No Higher Level Official Technically Responsible For Administering The Program/project. 12. Physical Demands: while In Angola, The Work Is Generally Sedentary And Does Not Pose Undue Physical Demands. However, The Position May Require Travel Throughout The Country Of Assignment, Which May Involve Some Additional Physical Exertion, Including Long Periods Of Standing, Walking Over Rough Terrain, Or Carrying Of Moderately Heavy Items (less Than 50 Pounds). 13. Work Environment: while At Post, The Work Is Generally Performed In An Office Environment. However, The Position Also Requires Travel Throughout The Region, Which May Additionally Involve Special Safety And/or Security Precautions, Wearing Of Protective Equipment, And Exposure To Severe Weather Conditions. ii. Minimum Qualifications Required For This Position (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Education And Experience Factors Are Considered Not Qualified For The Position. See Detailed Instructions For Demonstrating Education/experience Under “submitting An Offer”) education/experience Required: at A Minimum, The Offeror Must Have: (1) A Master’s Degree With Seven (7) Years Of Work Experience; or a Bachelor’s Degree With Nine (9) Years Of Work Experience; or an Associate’s Degree With Ten (10) Years Of Work Experience; or 9 | Page a High School Diploma/equivalent With Eleven (11) Years Of Work Experience; And (2) Six (6) Years Of Project Management Experience With A U.s. Government Foreign Affairs Agency, Domestic Or International Assistance Organization, Or Non-governmental Organization In Community Development, Economic Development, Mediation/arbitration, Conflict Resolution, Democracy And Governance, International Law, Political Analysis, and/or Human Rights Activities; (3) Two (2) Years Of Overseas Field Experience (in Person Or Virtual). A Virtual Temporary Duty (tdy) Is Defined As Work That Would Have Been Conducted In An Overseas Location If Not For The Covid Pandemic; (4) Three (3) Years Of Supervisory Experience With At Least One Direct Report; (5) Demonstrated Experience Using Portuguese In A Professional Setting Is Preferred. iii. Evaluation And Selection Factors (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Education And Experience Factors Are Considered Not Qualified For The Position.) the Government May Award A Contract Without Discussions With Offerors In Accordance With Far 52.215-1. The Co Reserves The Right At Any Point In The Evaluation Process To Establish A Competitive Range Of Offerors With Whom Negotiations Will Be Conducted Pursuant To Far 15.306(c). In Accordance With Far 52.215-1, If The Co Determines That The Number Of Offers That Would Otherwise Be In The Competitive Range Exceeds The Number At Which An Efficient Competition Can Be Conducted, The Co May Limit The Number Of Offerors In The Competitive Range To The Greatest Number That Will Permit An Efficient Competition Among The Most Highly Rated Offers. Far Provisions Of This Solicitation Are Available At https://www.acquisition.gov/browse/index/far. selection Factors: (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Selection Factors Are Considered Not Qualified For The Position.) ● Offeror Is A U.s. Citizen; ● Complete Resume Submitted. See Cover Page For Resume Requirements. Experience That Cannot Be Quantified Will Not Be Counted Towards Meeting The Solicitation Requirements; ● Supplemental Document Specifically Addressing How The Candidate Meets Each Of The Evaluation Factors Submitted; ● Ability To Obtain A Secret Level Security Clearance (note: Dual Citizens May Be Asked To Renounce Second-country Citizenship); ● Ability To Obtain A Department Of State Medical Clearance; 10 | Page ● Satisfactory Verification Of Academic Credentials. a Usaid Secret Level Security Clearance And Department Of State Medical Clearance Are Required Prior To Issuance Of The Contract For This Position. note: If A Full Security Investigation Package Is Not Submitted By The Selected Within 30 Days After It Is Requested, The Offer May Be Rescinded. If A Security Clearance Is Not Able To Be Obtained Within Four Months After The Selected Submits The Initial Security Clearance Documentation, The Offer May Be Rescinded. note: The Selected Must Obtain Department Of State Medical Clearance Within Four Months after Offer Acceptance. If Medical Clearance Is Not Obtained Within This Period, The Offer May Be Rescinded. due To Anticipated Program Needs, Individuals Should Be Able To Travel To Post Within 60 Days After A Contract Is Awarded. evaluation Factors: (used To Determine The Competitive Ranking Of Qualified Offerors In Comparison To Other Offerors. The Factors Are Listed In Priority Order From Highest To Least.) offerors Should Cite Specific, Illustrative Examples For Each Factor. Responses Will Be Rated Using The Point System Described Below. Failure To Fully Respond To Each Element Of Each Evaluation Factor Will Result In A Reduction Of Points Awarded. Responses Must Be Limited To 500 Words Per Factor. Any Additional Words Above The Limit Will Neither Be Read Nor Scored. factor #1 Demonstrated Experience In The Management Of Political Transition, Political Reform, Or Similar Programs In High-visibility And High-pressure Environments, Including Transitional, Crisis, Or Conflict Zones. factor #2 Demonstrated Experience Developing Strategies For Programs That Will Respond To At Least One Of The Following Problem Sets: Violence Prevention, Post-conflict, Political Transition, Democracy-building, And/or Humanitarian Assistance. factor #3 Demonstrated Experience Using Political Analysis To Inform Programming Policy, Strategies, And Objectives, Especially In Conflict-prone Environments. basis Of Rating: Offerors Who Clearly Meet The Education/experience Requirements And Selection Factors Will Be Further Evaluated Based On Scoring Of The Evaluation Factor Responses. Offerors Are Required To Address Each Of The Evaluation Factors In A Separate Document Describing Specifically And Accurately What Experience, Training, Education And/or Awards They Have Received That Are Relevant To Each Factor. Be Sure To Include Your Name And The Announcement Number At The Top Of Each Additional Page. Failure To Specifically Address The Selection And/or 11 | Page evaluation Factors May Result In Your Not Receiving Credit For All Of Your Pertinent Experience, Education, Training And/or Awards. the Offeror Rating System Is As Follows: evaluation Factors Have Been Assigned The Following Points: factor #1 – 25 factor #2 – 25 factor #3 – 20 total Possible – 70 Points interview Performance – 30 Points satisfactory Professional Reference Checks – Pass/fail (no Points Assigned) total Possible Points: 100 the Most Qualified Offerors May Be Interviewed, Required To Provide A Writing Sample, And Demonstrate An Ability To Operate Commonly Used Office Applications. Oti Will Not Pay For Any Expenses Associated With The Interviews. In Addition, Offers (written Materials And Interviews) Will Be Evaluated Based On Content As Well As On The Offerors Writing, Presentation, And Communication Skills. In The Event That An Offeror Has Fully Demonstrated Their Qualifications And There Are No Other Competitive Offerors, Oti Reserves The Right To Forgo The Interview Process. Professional References And Academic Credentials Will Be Evaluated For Offerors Being Considered For Selection. Offerors Must Submit At Least Three (3) Professional References, One (1) Of Which Must Be A Current Or Former Supervisor. Oti Reserves The Right To Contact Previous Employers To Verify Employment History. If The Offeror Had A Previous Position With Usaid, The Tec And/or Co Are Encouraged To Obtain Reference Checks From The Previous Supervisor(s) Or Co(s). See Ads 309.3.1.11.a.4 iv. Submitting An Offer offers Must Be Received By The Closing Date And Time At The Address Specified In Section I, Item 3, And Submitted To The Point Of Contact In Section I, Item 4. qualified Offerors Are Required To Submit: 1. Complete Resume. In Order To Fully Evaluate Your Offer, Your Resume Must Include: (a) Paid And Non-paid Experience, Job Title, Location(s), Dates Held (month/year), And Hours Worked Per Week For Each Position. Dates (month/year) And Locations For All Overseas Field Experience Must Also Be Detailed. Any Experience That Does Not Include Dates (month/year), Locations, And Hours Per Week Will Not Be Counted Towards Meeting The Solicitation Requirements. (b) Specific Duties Performed That Fully Detail The Level And Complexity Of The Work. 12 | Page (c) Names And Contact Information (phone And Email) Of Your Current And/or Previous Supervisor(s). (d) Education And Any Other Qualifications Including Job-related Training Courses, Job-related Skills, Or Job-related Honors, Awards Or Accomplishments. (e) U.s. Citizenship. your Resume Should Contain Explicit Information To Make A Valid Determination That You Fully Meet The Minimum Qualification Requirements As Stated In This Solicitation. This Information Should Be Clearly Identified In Your Resume. Failure To Provide Explicit Information To Determine Your Qualifications For The Position Will Result In Loss Of Full Consideration. 2. Supplemental Document Specifically Addressing: each Of The Three (3) Evaluation Factors Shown In The Solicitation. Responses Must Be Limited To 500 Words Per Factor. Any Additional Words Above The Limit Will Neither Be Read Nor Scored. note: The Evaluation Factors Are Worth 70 Out Of 100 Points. Offerors Are Required To Address Each Of The Evaluation Factors In A Separate Document Describing Specifically And Accurately What Experience, Training, Education And/or Awards They Have Received That Are Relevant To Each Factor. 3. Offeror Information For Personal Services Contracts Form Aid 309-2. Offerors Are Required To Complete And Sign The Form. The Form Can Be Found At Https://www.usaid.gov/forms. We Are Currently Accepting Electronic Signatures On Te Aid 309-2 Form. additional Documents Submitted Will Not Be Accepted. to Ensure Consideration Of Offers For The Intended Position, Offers Must Prominently Reference The Solicitation Number In The Offer Submission. offeror Resources Are Available At https://otijobs.net/uspsc-application-guidance. Document Submittals Via Email: Otijobs@usaid.gov please Note In Your Document Submission Where You Heard About This Position. Note Regarding Government Obligations For This Solicitation this Solicitation In No Way Obligates Usaid To Award A Psc Contract, Nor Does It Commit Usaid To Pay Any Cost Incurred In The Preparation And Submission Of The Offer. 13 | Page All Qualified Offerors Will Be Considered Regardless Of Age, Race, Color, Sex, Creed, National Origin, Lawful Political Affiliation, Non-disqualifying Disability, Marital Status, Sexual Orientation, Affiliation With An Employee Organization, Or Other Non-merit Factor. v. List Of Required Forms Prior To Award once The Contracting Officer (co) Informs The Successful Offeror About Being Selected For A Contract Award, The Co Will Provide The Successful Offeror Instructions About How To Complete And Submit The Following Forms. Forms Outlined Below Can Found At Http://www.usaid.gov/forms/ 1. Declaration For Federal Employment (of-306). 2. Medical History And Examination Form (ds-1843). 3. Questionnaire For Sensitive Positions (for National Security) (sf-86), Or Questionnaire For Non-sensitive Positions (sf-85). 4. Finger Print Card (fd-258). vi. Benefits And Allowances as A Matter Of Policy, And As Appropriate, A Uspsc Is Normally Authorized The Following Benefits And Allowances: 1. Benefits: a) Employer's Fica Contribution b) Contribution Toward Health & Life Insurance c) Pay Comparability Adjustment d) Annual Increase (pending A Satisfactory Performance Evaluation) e) Eligibility For Worker's Compensation f) Annual And Sick Leave g) Paid Parental Leave h) Relocation Expense Benefit 2. Allowances: section Numbers Refer To Rules From The Department Of State Standardized Regulations (government Civilians Foreign Areas), Available At https://aoprals.state.gov/content.asp?content_id=282&menu_id=101 (a) Post Differential Chapter 500 And Tables In Chapter 900. (b) Living Quarters Allowance Section 130. (c) Temporary Lodging Allowance Section 120. (d) Post Allowance Section 220. (e) Supplemental Post Allowance Section 230. (f) Payments During Evacuation Section 600. 14 | Page (g) Education Allowance Section 270. (h) Separate Maintenance Allowance Section 260. (i) Danger Pay Allowance Section 650. (j) Education Travel Section 280. vii. Taxes uspscs Are Required To Pay Federal Income Taxes, Fica, Medicare And Applicable State Income Taxes. viii. Usaid Regulations, Policies And Contract Clauses Pertaining To Pscs usaid Regulations And Policies Governing Uspsc Awards Are Available At These Sources: 1. Usaid Acquisition Regulation (aidar), Appendix D, “direct Usaid Contracts With A U.s. Citizen Or A U.s. Resident Alien For Personal Services Abroad,” Including Contract Clause “general Provisions,” Available At https://www.usaid.gov/ads/policy/300/aidar. 2. Contract Cover Page Form Aid 309-1 Available At Https://www.usaid.gov/forms. one Base Year Table – Country Representative item no (a) services (description) qty unit unit Price (b) (c) (d) (e) amo unt (f) 000 1 base Year 1 - Compensation 1 Lot $____ award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] fringe Benefits/other Direct Costs (odcs) award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] $____ total Estimated Cost $____ four Option Years Table- Country Representative 15 | Page ite m no (a) services (description) qty unit unit Price (b) (c) (d) (e) amount (f) 100 1 option Period (op) 1 - 1 Lot $____ compensation Award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] $____ 200 1 op 1 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] op 2 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ op 2 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] $____ 300 1 option Period (op) 3 - 1 Lot $____ compensation Award Type:cost product Service Code: R497 accounting Info: [insert From Phoenix] op 3 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] $____ 400 1 option Period (op) 4 - 1 Lot $____ compensation Award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] op 4 - Odcs award Type: Cost product Service Code: R497 $____ 16 | Page accounting Info: [insert From Phoenix] total Estimated Cost [base + Options] $____ 3. Acquisition And Assistance Policy Directives/contract Information Bulletins (aapds/cibs) For Personal Services Contracts With Individuals Available At Http://www.usaid.gov/work-usaid/aapds-cibs. 4. Ethical Conduct. By The Acceptance Of A Usaid Personal Services Contract As An Individual, The Contractor Will Be Acknowledging Receipt Of The “standards Of Ethical Conduct For Employees Of The Executive Branch,” Available From The U.s. Office Of government Ethics, In Accordance With General Provision 2 And 5 Cfr 2635. See Https://www.oge.gov/web/oge.nsf/oge%20regulations aapds And Cibs Contain Changes To Usaid Policy And General Provisions In Usaid Regulations And Contracts. Please Refer To Http://www.usaid.gov/work-usaid/aapds-cibs#psc To Determine Which Aapds And Cibs Apply To This Contract. 5. Psc Ombudsman The Psc Ombudsman Serves As A Resource For Any Personal Services Contractor Who Has Entered Into A Contract With The United States Agency For International Development And Is Available To Provide Clarity On Their Specific Contract With The Agency. Please Visit Our Page For Additional Information: https://www.usaid.gov/partner-with-us/acquisition-assistance-ombudsman/psc-ombudsman The Psc Ombudsman May Be Contacted Via: Pscombudsman@usaid.gov. 6. Far Provisions Incorporated By Reference 52.204-27 prohibition On The Bytedance covered Application (date) aapd 06-10 – Psc Medical Expense Payment Responsibility general Provision 28, Medical Expense Payment Responsibility (october 2006) (a) Definitions. Terms Used In This General Provision Are Defined In 16 Fam 116 Available At Http://www.state.gov/m/a/dir/regs/fam/16fam/index.htm. Note: Personal Services Contractors Are Not Eligible To Participate In The Federal Employees Health Programs. 17 | Page (b) Medical Evacuation (medevac) Services – Please See Attachment 2 To This Solicitation For Information On Aapd No. 18-02. (c) When The Contractor Or Eligible Family Member Is Covered By Health Insurance, That Insurance Is The Primary Payer For Medical Services Provided To That Contractor Or Eligible Family Member(s) Both In The United States And Abroad. The Primary Insurer’s Liability Is Determined By The Terms, Conditions, Limitations, And Exclusions Of The Insurance Policy. When The Contractor Or Eligible Family Member Is Not Covered By Health Insurance, The Contractor Is The Primary Payer For The Total Amount Of Medical Costs Incurred And The U.s. Government Has No Payment Obligation (see Paragraph (f) Of This Provision). (d) Usaid Serves As A Secondary Payer For Medical Expenses Of The Contractor And Eligible Family Members Who Are Covered By Health Insurance, Where The Following Conditions Are Met: (1) The Illness, Injury, Or Medical Condition Giving Rise To The Expense Is Incurred, Caused, Or Materially Aggravated While The Eligible Individual Is Stationed Or Assigned Abroad; (2) The Illness, Injury, Or Medical Condition Giving Rise To The Expense Required Or Requires hospitalization And The Expense Is Directly Related To The Treatment Of Such Illness, Injury, Or Medical Condition, Including Obstetrical Care; And (3) The Office Of Medical Services (m/med) Or A Foreign Service Medical Provider (fsmp) Determines That The Treatment Is Appropriate For, And Directly Related To, The Illness, Injury, Or Medical Condition. (e) The Mission Director May, On The Advice Of M/med Or An Fsmp At Post, Authorize Medical Travel For The Contractor Or An Eligible Family Member In Accordance With The General Provision 10, Travel And Transportation Expenses (july 1993), Section (i) Entitled “emergency And Irregular Travel And Transportation.” In The Event Of A Medical Emergency, When Time Does Not Permit Consultation, The Mission Director May Issue A Travel Authorization Form Or Medical Services Authorization Form Ds-3067, Provided That The Fsmp Or Post Medical Advisor (pma) Is Notified As Soon As Possible Following Such An Issuance. The Contractor Must Promptly File A Claim With His Or Her Medevac Insurance Provider And Repay To Usaid Any Amount The Medevac Insurer Pays For Medical Travel, Up To The Amount Usaid Paid Under This Section. The Contractor Must Repay Usaid For Medical Costs Paid By The Medevac Insurer In Accordance With Sections (f) And (g) Below. In Order For Medical Travel To Be An Allowable Cost Under General Provision 10, The Contractor Must Provide Usaid Written Evidence That Medevac Insurance Does Not Cover These Medical Travel Costs. (f) If The Contractor Or Eligible Family Member Is Not Covered By Primary Health Insurance, The Contractor Is The Primary Payer For The Total Amount Of Medical Costs Incurred. In The Event Of A Medical Emergency, The Medical And Health Program May Authorize Issuance Of Form Ds-3067, Authorization For Medical Services For Employees And/or Dependents, To Secure Admission To A Hospital Located Abroad For The Uninsured Contractor Or Eligible Family Member. In That Case, The Contractor Will Be Required To Reimburse Usaid In Full For Funds Advanced By Usaid Pursuant To The Issuance Of The Authorization. The Contractor May Reimburse Usaid Directly Or Usaid May Offset 18 | Page the Cost From The Contractor’s Invoice Payments Under This Contract, Any Other Contract The Individual Has With The U.s. Government, Or Through Any Other Available Debt Collection Mechanism. (g) When Usaid Pays Medical Expenses (e.g., Pursuant To Form Ds-3067, Authorization For Medical Services For Employees And/or Dependents), Repayment Must Be Made To Usaid Either By Insurance Payment Or Directly By The Contractor, Except For The Amount Of Such Expenses Usaid Is Obligated To Pay Under This Provision. The Contracting Officer Will Determine The Repayment Amount In Accordance With The Terms Of This Provision And The Policies And Procedures For Employees Contained In 16 Fam 521. When Usaid Pays The Medical Expenses, Including Medical Travel Costs (see Section (e) Above), Of An Individual (either The Contractor Or An Eligible Family Member) Who Is Covered By Insurance, That Individual Promptly Must Claim His Or Her Benefits Under Any Applicable Insurance Policy Or Policies. As Soon As The Individual Receives The Insurance Payment, The Contractor Must Reimburse Usaid For The Full Amount That Usaid Paid On The Individual’s Behalf Or The Repayment Amount Determined By The Contracting Officer In Accordance With This Paragraph, Whichever Is Less. If An Individual Is Not Covered By Insurance, The Contractor Must Reimburse Usaid For The Entire Amount Of All Medical Expenses And Any Travel Costs The Contractor Receives From His/her Medevac Provider. (h) In The Event That The Contractor Or Eligible Family Member Fails To Recover Insurance Payments Or Transfer The Amount Of Such Payments To Usaid Within 90 Days, Usaid Will Take Appropriate Action To Collect The Payments Due, Unless Such Failure Is For Reasons Beyond The Control Of The Uspsc/dependent. (i) Before Departing Post Or Terminating The Contract, The Contractor Must Settle All Medical Expense And Medical Travel Costs. If The Contractor Is Insured, He Or She Must Provide Proof To The Contracting Officer That Those Insurance Claims Have Been Submitted To The Insurance Carrier(s) And Sign A Repayment Agreement To Repay To Usaid Any Amounts Paid By The Insurance Carrier(s). 19 | Page attachment Ii title 48 Of The Code Of Federal Regulations (cfr) Chapter 7. usaid Acquisition Regulation (aidar) appendix D – Direct Usaid Contracts With A U.s. Citizen Or A U.s. Resident Alien For Personal Services Abroad gp 25. Medical Evacuation (medevac) Services (dec 2019) a Contractor Who Is Required To Relocate Abroad And Accompanying Eligible Family Members; Or A Contractor On Official Travel Status Abroad On Temporary Duty Or Training, Will Be Provided Medevac Services Through The Department Of State, Bureau Of Medical Services, Similar To That Provided To U.s. Government Employees In 16 Fam 300 Medical Travel. Medevac Costs That Will Be Covered By Usaid Include Travel And Per Diem, But Do Not Include Medical Care Costs. to Be Eligible For Medevac Services Covered By The Department Of State Medevac Program, The Contractor And Accompanying Eligible Family Members Must Obtain And Maintain International Health Insurance Coverage In Accordance With The Clause Of The Contract Entitled, “insurance.” gp 29. Incentive Awards (dec 2019) the Contractor Is Eligible To Receive Certain Monetary And Non-monetary Usaid Incentive Awards In Accordance With The Aidar And Usaid Internal Policy. 20 | Page

Details: *** Amendment 1, Extension Of Solicitation *** *provide Responses To Questions And Supporting Documents Concerning This Project Prior To Close Of Solicitation This Evening! this Solicitation Is Hereby Extended To Provide Responses To Technical Questions Received For Which The Gov't Response Will Be Provided By C.o.b. (tomorrow) January 14, 2025; Proposals Will Then Be Due By 4:00p.m. Est On Tuesday, January 21st, 2025. **please Read This Notice Carefully As It Constitutes The Only Notice That Will Be Issued** a. Far 12.603 Streamlined Solicitation For Commercial Products Or Commercial Services this Is A Combined Synopsis/solicitation For Commercial Products Or Commercial Services Prepared In Accordance With The Format In Far Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Proposals Are Being Requested And A Written Solicitation Will Not Be Issued. the Request For Proposal (rfp) Number For This Project Is 693jj925r000012. The Resultant Contract Award Will Be Performed At The Office Of Vehicle Safety Compliance’s (ovsc’s) San Angelo Test Facility (satf) Located On The Grounds Of Goodfellow Air Force Base (gafb) In San Angelo, Tx. The Contract Type Will Be Firm Fixed-price. the Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Fac Number 2025-01 With The Effective Date Of 11/12/2024. the North American Industrial Classification System (naics) Code For This Procurement Is 237310 “highway, Street, And Bridge Construction” -, With A Small Business Size Standard Of $45,000,000.00. The Product Service Code For This Procurement Is Y1lb “construction Of Highways, Roads, Streets, Bridges, And Railways”. This Solicitation Is Not Set-aside For Small Businesses. contract Price. b. Price Schedule b.1 Base Period Of Performance: total Price Shall Cover The Performance Period From The Effective Date Of Award Through Twenty-four (24) Months Thereafter. from: 01/xx/2025 To: 01/xx/2026 base Period, Contract Price: $tbd line Item Number item Description qty unit unit price total Extended Price 0001 resurface Utqg Standards Traction Asphalt Test Surface 1 lot - $tbd total Contract Firm Fixed-price $tbd statement Of Work (sow) c. Description/specifications/ Statement Of Work c.1 Background the National Highway Traffic Safety Administration (nhtsa) Has A Need To Resurface The Asphalt Test Surface Portion Of The Traction Grading Test Track Used To Perform Testing In Accordance With The Uniform Tire Quality Grading System (utqgs) At The Office Of Vehicle Safety Compliance’s (ovsc’s) San Angelo Test Facility (satf) Located On The Grounds Of Goodfellow Air Force Base (gafb) In San Angelo, Texas (tx). The Asphalt Test Surface Was Last Resurfaced In September 2013. The Test Surface Is Used By Ovsc To Perform Traction Testing For Enforcement Of The Utqg Consumer Information Program. The Test Surface Is Also Used By Outside Entities To Perform Traction Testing. the Utqg Traction Test Measures The Slide Friction Coefficient Of Tires Using A Tire Traction Skid Trailer At A Test Speed Of 40 Miles Per Hour (mph). The Allowable Surface Coefficient Range Per 49 C.f.r. § 575.104 Is 0.50 ± 0.10. This Value Is Measured Using The American Society For Testing And Materials (astm) E 501 Tire With A Test Load Of 1,085lbs And An Onboard Watering System With An Output Of Approximately 4.0 Gpm Per Wetted Inch Of Nozzle Width. c.2 Contract Objectives the Objective Of This Contract Is To Replace The Asphalt Utqg Traction Test Surface Located At The Satf Located On Gafb In San Angelo, Tx With A Durable Surface That Meets The Tire Test Surfaces Specified In 49 C.f.r. § 575.104. this May Include, But Is Not Limited To, Identifying A Suitable Replacement Asphalt Mix With Test Strips, Removing The Existing Surface, Placing A New Asphalt Surface, And Re-painting The Required Lines. the Purpose Of The New Test Surface Is To Satisfy The Government’s Need To Have A Nhtsa Traction Asphalt Test Surface Located At Its San Angelo Test Facility (satf) Located On The Grounds Of Goodfellow Air Force Base (gafb) In San Angelo, Texas (tx). the Intended Use Of The Test Surface That Is To Be Provided To The Government Is To Conduct Compliance Testing For Tire Traction Ratings, Which Require A Surface That Is Within The Uniform Tire Quality Grading System (utqgs) Allowable Surface Friction Range And Possesses The Quality, Durability, And Smoothness Needed For Traction Testing. all Work Completed Must Be In Compliance With All Applicable Rules And Regulations Of Gafb. c.3 General Requirements phase One (1) Test Stripe Surface Application the Contractor Shall Schedule All Work Under This Contract With The Contracting Officer’s Representative (cor). the Contractor Shall Identify A Suitable Asphalt Mix Design Through The Placement And Evaluation Of A Test Strip, Removing The Existing Test Surface (if Required), Replacing The Test Surface, And Ensuring Smooth Transitions To And From The Test Surface, To Include Painting Of The Completed Test Surface. The Contractor Shall Meet All Work Requirements For Gafb Including Certain Requirements And Approvals That Must Be Met And/or Obtained Prior To The Start Of Work By The Contractor. the Contractor Shall Be Responsible For The Following: c.3.1 The Contractor, Inclusive Of Contractor Personnel And Subcontractors Supporting This Project On-site At The Satf, Must Meet All Air Force Base (afb) Security Requirements. This Will Include Background And Verification Checks Required Prior To Base Access. The General Requirements May Be Found At: Https://www.goodfellow.af.mil/home/visitor-control-center-gate-information/ the Contractor Must Provide A List Of All Personnel Who Will Be Accessing The Base And All Required Information To Include The Following: (full Name, Date Of Birth, Driver’s License No. W/state Of Issuance, And Last Four (4) Of Ssn) To The Cor For The Contractor Personnel To Gain Approval To Access The Base. This Process Can Take Between 2-4 Weeks To Complete From The Time The List Is Submitted. This List Must Be Provided To The Cor Via Email Within 1 Month Of The Completion Of The Kick-off Meeting. c.3.2 The Contractor Must Meet All Other Afb Requirements That Are In Effect At And During Time Of Project, Including But Not Limited To, Obtaining Environmental Approval For All Materials Required To Complete The Project. c.3.3 The Contractor Shall Ensure That Its Equipment And Operations Does Not Interfere With Afb Operations At Any Time During Project. c.3.4 Parking On Turf Or Base Roads Is Not Permitted Without Prior Approval From The Cor. c.3.5 All Equipment, (e.g., Vehicles) Shall Pass Through An Inspection Station When Accessing The Afb Or Whenever Entering The Afb Located At: 4368 S Chadbourne St. san Angelo, Tx 76905 note: The Inspection Station Is Located At The South Gate, Near The Visitor’s Center Entrance To The Base. c.3.6 Upon Completion Of The Project The Contractor Shall Perform Cleanup Of Debris From All Work Areas. The Contractor Shall Collect All Trash, Debris, Refuse, Garbage, Etc., That Is Generated, And Place It In Appropriate Containers Or Vehicles As Directed By The Cor. The Contractor Shall Haul Materials From The Site By Appropriate Means As Needed. The Contractor Shall Ensure Proper Disposal Of Materials Outside The Limits Of Government Property. The Contractor Shall Ensure That Disposal By Recycling, Sanitary Landfill Or Other Approved Methods Conforms To All Local, State, And Federal Guidelines, Criteria, And Regulations. Upon Completion Of The Work, The Contractor Shall Leave The Work Site And Any Storage Area(s) In A Clean, Neat, And Orderly Condition As Determined By The Cor. The Cor Will Inspect The Work Site, Prior To The Contractor’s Final Departure From The Site, To Confirm That The Work Site Is In A Satisfactory Condition. c.3.7 The Contractor Shall Comply With All Occupational Safety And Health Administration (osha) Regulations While Executing Contract Activities. c.3.8 The Contractor Shall Comply And Ensure That All Subcontractors, If Any, Comply With All Applicable Federal, State, And Local Laws, Regulations, Ordinances, And Standards Related To Any Environmental Matters. The Contractor Shall Also Comply And Ensure That All Subcontractors, If Any, Comply With All Specific Instructions Or Directions Provided To The Contractor By Goodfellow Afb Regarding Any Environmental Or Safety Matters. c.3.9 The Contractor Shall Execute The Work For This Project In The Best And Most Competent Manner, By Qualified And Efficient Contractor Personnel, Skilled In Their Respective Trades. The Contractor Shall Coordinate And Perform All Operations In A Manner That Will Result In A Professional And Expeditiously Completed Project. The Contractor Shall Conduct The Work In Strict Accordance With Prevailing Industry Standards And Manufacturer’s Instructions. The Contractor Shall Ensure That The Work And Materials Comply With Industry Best Practices For Quality And Technical/performance Requirements For This Project As Described Herein And (the Resultant Contract Award) For All Applicable Criteria, Regulations, Guidelines, And Codes, All Of Which Are Made A Part Thereof. c.3.10 Normal Working Hours For Satf Personnel Are Monday Through Friday Between The Hours Of 7:00 A.m. And 4:00 P.m. Excluding Saturdays, Sundays, And Federal Holidays. If Noncontractor Personnel (e.g. Federal Or Nhtsa Contractor Personnel) Are Reasonably Available, The Contracting Officer May Authorize The Contractor To Perform Work During Periods Other Than The Normal Tour Of Duty For Work Hours/days. c.4 Test Surface Specific Requirements c.4.1 Kick-off Meeting within Two (2) Weeks Of The Effective Date Of The Contract, The Contractor Shall Participate In A Kick-off Meeting With The Contracting Officer’s Representative (cor), Contracting Officer (co), And Other Nhtsa Staff. The Kickoff Meeting Will Take Place Via Teleconference And Will Be Approximately Two Hours In Length. The Contractor Shall Make A Brief Presentation Of Their Understanding Of The Contract Requirements. After The Presentation, The Parties Shall Discuss Basic Contract Requirements, Including The Schedule For Evaluations And Operational Procedures. Washington, Dc, Based Nhtsa Staff May Join Via Teleconference For These Discussions. c.4.2 The Contractor Shall Clean And Remove All Grass, Weeds, Debris, And Soil From Cracks In The Asphalt Test Surface Prior To Beginning Paving. c.4.3 The Contractor Shall Remove The Existing Surface; Or Subject To Cor Approval Repair The Existing Asphalt Test Surface With A Suitable Crack Sealant. c.4.4 The Contractor Shall Design An Asphalt Mix That They Believe Is Capable Of Meeting The Required Performance Characteristics Detailed In Section C.4.6 Prior To Applying The Test Strip. the Contractor Shall Prepare And Install An Initial Test Strip Before Installing The Full Asphalt Test Surface. The Contractor Shall Place A Test Strip That Is 10 Feet Wide And 150 Feet Long In The Shoulder Area Adjacent To The Asphalt Test Surface. The Purpose Of The Test Strip Is To Demonstrate The Wet Traction Coefficient Of Friction And Durability Of The Asphalt Mix Design. Alternatively, The Contractor May Place A Test Strip Of The Proposed Asphalt Mix Design At Satf Or Another Location (upon Approval By The Government And Within A 150-mile Radius Of Satf), So That Satf Personnel Can Access And Evaluate The Test Strip In A Manner Consistent With The Location At Satf. the Government Will Burnish And Test The Surface For Wet Traction Coefficient Of Friction And Durability. 2) The Government Will Discuss The Results Of The Testing With The Contractor. if An Additional Test Strip Is Required; The Following Procedure Will Be Followed: the Contractor Shall Then Adjust The Asphalt Mix Design As Required To Meet The Friction Coefficient And Durability Requirements And Install Another Complete Asphalt Test Strip In The Same General Area As The Previous One; As Described In Paragraph (c.4.4.a, Above). The Contract Will Require Successful Paving Of At Least One Test Strip That Meets The Required Wet Traction Coefficient Of Friction And Desired Durability Prior To Receipt Of Approval By The Co In Order To Move Onto Phase 2 For Paving Of The Full Asphalt Test Surface. once The Government Determines That The Test Strip Meets Durability And Skid Coefficient Requirements, The Contractor Will Be Notified By The Co That It May Proceed To The Task Detailed At C.4.5 Below. phase Two (2) Full Asphalt Test Surface Application c.4.5 The Contractor Shall Provide A Surface Within The Target Range For The Wet Slide Coefficient Of Friction Of 0.55µ To 0.62µ After Curing And The Government Has Burnished The Surface. The Coefficient Of Friction Will Be Measure By The Government Using The Utqg Traction Test Procedure And An Astm E 501 Tire. c.4.6 Additional Construction Requirements a. The Contractor Shall Prepare And Install An Asphalt And Aggregate Seal Coat Overlay On The Entire Test Surface And Shoulders, 1000 Feet Long And 104 Feet Wide, That Will Serve In Part As A Moisture Barrier. b. The Test Procedure Requires A Traction Testing Apparatus Consisting Of A Pickup Truck And Instrumented Trailer To Travel At A Steady Speed Of 40 Mph. The Contractor Shall Construct The New Asphalt Test Surface In A Way That Allows For A Very Smooth Transition From The Oval Track Road To The Test Surface With No Perceptible Impact To The Driver And Enough Distance For The Vertical Loads To Settle Out Of The Suspension Prior To Reaching The First Test Location. The Contractor Shall Ensure The Exit Ramp Of The Test Surface Meets The Same Requirements. The Contractor Shall Ensure That The Surface Transition Is Smooth From Both Directions In The Event That Traffic Flow Is Reversed. c. The Contractor Shall Ensure That The Final Test Surface Is Smooth And Free Of Bumps, Divots, Or Any Other Surface Disturbances. These Things Will Cause Transient Disturbances In Traction Testing Data Which Will Increase Test Variability And Produce Bad Data. d. The Contractor Shall Ensure That There Are No Foreign Objects Purposefully Or Accidentally Left In The Test Surface. The Contractor Shall Ensure That The Surface Is A Smooth, Finished, Homogenous, Asphalt Surface. e. The Contractor Shall Ensure That There Are No Longitudinal Or Horizontal Cracks In The Final Test Surface. The Contractor Shall Ensure That The Construction Seams Between Asphalt Lays Are Minimal With No Vertical Difference Between Lays. f. The Contractor Shall Ensure That The Final Density Is Such That The Surface Can Support The Static And Dynamic Loads Of The Trailer Traction Testing Apparatus For The Extent Of The Test Surface Life Without Rutting. c.4.7 At Transition Areas Between The Test Surface And The Non-test Surface, The Contractor Must Provide: a. Butt Joints To Transition To And From Asphalt Test Areas To Ensure Structural Integrity And Smooth Transition To The Asphalt Roadway Surface. b. Provide A Smooth Transition Between The Test Surface And The Non-test Surface, Such That, The Driver Of An Instrumented Skid Trailer Driving Over The Transition Area Will Not Feel A Bump And The Data Acquisition System Will Not Be Affected As The Various Axles Pass Over The Transition Area. c. Two Full-width, Ramp-like Surface Grades Of 100 Feet Length Each. The Contractor Shall Ensure That Each Grading Has A Gradual Height Transition From The Original Non-test Asphalt Surface With Overlay To The Existing Concrete Test Surface. c.4.8 The Contractor Shall Paint New Lane Stripes On The New Test Surface That Duplicate The Color, Width And Length Of The Old Lane Stripes, I.e., Alternating Yellow And White Stripes, 10 Feet Long, Beginning 10 Feet Prior To Entering Skid Pad Test Surface From Both Directions And A Lateral Midpoint Stripe. c.4.9 The Government Will Evaluate The Completed Test Surface And Provide Final Acceptance To The Contractor. The Government Will Provide Final Acceptance Within Two (2) Months Of The Completion Of The Lane Stripes Being Completed. c.4.10 The Contractor Shall Provide All Quality Assurance Or Quality Control Data And Documentation For Any Of The Materials And Test Surface Along With The Final Mix Design To The Cor. These Documents Must Be Provided Within 3 Weeks Of The Government’s Final Acceptance Of The Completed Test Surface. c.5 Proprietary Or Confidential Information consistent With The Data Rights Clause In Section (viii) Below Of This Agreement, The Contractor May Identify Any Proprietary Or Any Confidential Data Or Information Needed In The Performance Of The Contract. The Contractor Must Comply With The Data Rights Clause In This Agreement To Notify And Identify The Data Or Information With Limited Rights. The Government Can Assist The Contractor To Identify Limited Rights Data Consistent With The Data Rights Clause. delivery Date, Acceptance (f.o.b. Destination) date Of Delivery the Period Of Performance For This Contract Shall Be Twelve (12) Months From Date Of Award. (dates Tbd) place Of Delivery department Of Transportation national Highway Traffic Safety Administration office Of Vehicle Safety (nef-220) 131 Comanche Trail Building 3527 goodfellow Afb, Texas 76908 contracting Officer’s Representative (cor) – Tbd alternate Contracting Officer’s Representative (acor) – Tbd inspection: inspection And Acceptance far 52.252-2 Clauses Incorporated By Reference (feb 1998) this Solicitation Incorporates One Or More Clauses By Reference, With The Same Force And effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At this/these Address(es): Www.acquisition.gov/far note: Those Clauses Marked With An “x” Are Hereby Incorporated By Reference. applicable “x” far Clause Number far Clause Title (thru Fac 2005-99) x 52.246-4 inspection Of Services—fixed-price (aug 1996) inspection And/or Acceptance the Cor As Designated In This Effort Shall Be Responsible For Performing The Inspection Of All Services Rendered Under This Award And For Recommending Acceptance Of Replacement/correction Of Services Or Materials That Fail To Meet The Requirements To The Contracting Officer. the Cor Will Also Be Responsible To The Contracting Officer For Recommending Acceptance Or Replacement/correction Of Nonconforming Supplies Or Services That Fail To Meet The Requirements. rejection Of A Final Report Will Delay Final Payment Of Costs Due Under The Effort. The Most Common Causes For Rejecting Final Reports Are: incomplete Description Of The Work Objective And Its Relationship To Other Work Performed In The Area. inadequate Description Of Methodology insufficient Or Inconsistent Technical Information To Support The Findings Or Conclusions. poorly Conceived Graphs, Charts, And Displays. incorrect Spelling And Grammar agency Personnel Responsible For Inspection the Contracting Officer’s Representative (cor) As Designated In This Effort, Will Be Responsible For Performing The Inspection Of All Services Rendered Under This Award And For Recommending Acceptance Or Replacement/correction Of Services Or Materials That Fail To Meet The Requirements To The Contracting Officer. milestones And Deliverables: deliverables/milestones the Following Milestones And Deliverables Apply To This Contract And Are Considered Critical To The Successful Completion Of The Project. item No. section deliverable (d) /milestone (m) estimated Timeline 1 c.4.1 (phase 1) kickoff Meeting (m) within Two (2) Weeks After Contract Award (aca) 2 c.3.1 contractor Submits Personnel List With Required Information For Base Security Checks (d) within One (1) Month Of Item 1 3 c.3.1 personnel List Is Approved (m) typically 2-4 Weeks From Item 2 Completion 4 c.4.4 contractor And Cor Determine Test Strip Start Date (m) tbd 5 c.4.4 contractor Places Test Strip (d) tbd 6 c.4.4.a.1 satf Completes Evaluation Of Test Strip (m) within 2 Months Of Item 5 Completion 7 c.4.4.a.2 satf Discusses Test Strip Results With Contractor (m) within 1 Week Of Item 6 Completion 8 c.4.4.b.1 (retest; If Required) contractor Places Additional Test Strip (d) if Applicable 9 c.4.4.a.1 (retest; If Required) Satf Completes Evaluation Of Additional Test Strip (m) within 2 Months Of Item 8 Completion 10 c.4.4.b.2 satf Approves Mix Design (m) within One (1) Week Of Identifying A Test Strip That Meets The Performance Criteria 11 c.4.5 (phase 2 Begins) Upon Approval contractor Places Full Test Surface (d) tbd 12 c.4.8 contractor Paints Test Surface (d) tbd 13 c.4.9 satf Accepts Final Test Surface (m) within Two (2) Months Of Item 12 Completion 14 c.4.10 contractor Provides Satf With All Qa/qc Data And Final Mix Design (d) within Three (3) Weeks Of Item 13 Completion payment Schedule: Contract Payment Schedule the Following Payment Schedule Is Hereby Incorporated And Applicable To All Payments To Be Made Under This Contract. payment Schedule task # task Order Payment Schedule Milestones percentage Of Total Price c.4.1 kickoff Meeting 1% c.4.4.b.2 test Strip Meets Skid Coefficient Requirements 20% c.4.7 full Asphalt Test Surface 45% c.4.7 & C.4.8 non-test Surface & Painting 24% c.4.10 qa/qc Data And Final Mix Design 10% 100% total Firm Fixed-price Amount $tbd far 52.212-1 -- Instructions To Offerors-commercial Products And Commercial Services (sep 2023) Is Applicable To This Solicitation. Additional Clauses Incorporated By Reference (feb 1998) Far Clauses Incorporated By Reference this Solicitation And Any Resulting Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officerwill Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This Address: Www.acquisition.gov/far fac Number: 2025-01 effective Date: 11-12-2024 52.202-1 Definitions (jun 2020) 52.203-3 Gratuities (apr 1984) 52.203-5 Covenant Against Contingent Fees (may 2014) 52.203-6 Restrictions Of Subcontractor Sales To The Government (jun 2020) 52.203-7 Anti-kickback Procedures (jun 2020) 52.203-8 Cancellation, Recission, And Recovery Of Funds For Illegal Or Improper Activity (may 2014) 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (may 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (jun 2020) 52.204-4 Printed Or Copied Double-sided On Postconsumer Fiber Content Paper (may 2011) 52.204-10 Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) 52.204-18 Commercial And Government Entity Code Maintenance (aug 2020) 52-209-6 Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment (nov 2021) 52.209-9 Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) 52.213-1 Fast Payment Procedure (may 2006) 52.215-2 Audit And Records-negotiation (jun 2020) 52.215-8 Order Of Precedence-uniform Contract Format (oct 1997) 52.215-11 Price Reductions For Defective Certified Cost Or Pricing Data-modifications (jun 2020) 52.215-13 Subcontractor Certified Cost Or Pricing Data-modifications (jun 2020) 52.215-14 Integrity Of Unit Prices (nov 2021) 52.215-23 Limitations On Pass-through Charges (jun 2020) 52.216-7 Allowable Cost And Payment (aug 2018) 52.222-2 Payment For Overtime Premiums (july 1990) 52.222-3 Convict Labor (jun 2003) 52.222-21 Prohibition Of Segregated Facilities (apr 2015) 52.222-26 Equal Opportunity (sept 2016) 52.222-35 Equal Opportunity For Veterans (jun 2020) 52.222-36 Equal Opportunity For Workers With Disabilities (jun 2020) 52.222-37 Employment Reports On Veterans (jun 2020) 52.222-38 Compliance With Veterans’ Employment Reporting Requirements (feb 2016) 52.222-40 Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) 52.222-50 Combating Trafficking In Persons (nov 2021) 52.222-54 Employment Eligibility Verification (may 2022) 52.223-6 Drug-free Workplace (may 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) 52.225-1 Buy American-supplies (oct 2022) 52.225-3 Buy American-free Trade Agreements-israeli Trade Act (nov 2023) 52.225-13 Restrictions On Certain Foreign Purchases (feb 2021) 52.227-1 Authorization And Consent (jun 2020) 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement (jun 2020) 52.227-3 Patent Indemnity (apr 1984) 52.227-14 Rights In Data-general (may 2014), (alternate I) (dec 2007), And (alternate Ii) (dec 2007) 52.227-16 Additional Data Requirements (june 1987) 52.227-17 Rights In Date-special Works (dec 2007) 52.228-7 Insurance-liability To Third Persons (mar 1996) 52.230-2 Cost Accounting Standards (jun 2020) 52.230-3 Disclosure And Consistency Of Cost Accounting Practices (jun 2020) 52.230-6 Administration Of Cost Accounting Standards (june 2010) 52.232-17 Interest (may 2014) 52.232-20 Limitation Of Cost (apr 1984) 52.232-22 Limitation Of Funds (apr 1984) 52.232-23 Assignment Of Claims (may 2014) 52.232-25 Prompt Payment (jan 2017) Alternate I (feb 2002) 52.232-33 Payment By Electronic Funds Transfer-system For Award Management (oct 2018) 52.232-34 Payment By Electronic Funds Transfer-other Than System For Award Management (jul 2013) 52.232-39 Unenforceability Of Unauthorized Obligations (jun 2013) 52.232-40 Providing Accelerated Payments To Small Business Subcontractors (mar 2023) 52.233-1 Disputes (may 2014) Alternate I (dec 1991) 52.233-3 Protest After Award (aug 1996) Alternate I (jun 1985) 52.233-4 Applicable Law For Breach Of Contract Claim (oct 2004) 52.237-3 Continuity Of Services (jan 1991) 52.242-1 Notice Of Intent To Disallow Costs (apr 1984) 52.242-3 Penalties For Unallowable Costs (dec 2022) 52.242-4 Certification Of Final Indirect Costs (jan 1997) 52.242-13 Bankruptcy (july 1995) 52.243-2 Changes-cost-reimbursement (aug 1987) Alternate Ii (apr 1984) 52.244-2 Subcontracts (jun 2020) Alternate I (jun 2020) 52.244-5 Competition In Subcontracting (aug 2024) 52.245-1 Government Property (sep 2021) Alternate I (apr 2012) 52.245-2 Government Property Installation Operation Services (apr 2012) 52.245-9 Use And Charges (apr 2012) 52.246-1 Contractor Inspection Requirements (apr 1984) 52.246-25 Limitation Of Liability-services (feb 1997) 52.247-29 F.o.b. Origin (feb 2006) 52.247-34 F.o.b. Destination (jan 1991) 52.249-6 Termination (cost-reimbursement) (may 2004) 52.249-14 Excusable Delays (apr 1984) 52.251-1 Government Supply Sources (apr 2012) 52.253-1 Computer Generated Forms (jan 1991) Federal Acquisition Regulation (far) Clauses Provided In Full Text this Contract Incorporates The Following Federal Acquisition Regulation Clauses Provided In Full Text: Far 52.204-27 - Prohibition On A Bytedance Covered Application (jun 2023) (a) Definitions. As Used In This Clause— covered Application Means The Social Networking Service Tiktok Or Any Successor Application Or Service Developed Or Provided By Bytedance Limited Or An Entity Owned By Bytedance Limited. information Technology, As Defined In 40 U.s.c. 11101(6)— (1) Means Any Equipment Or Interconnected System Or Subsystem Of Equipment, Used In The Automatic Acquisition, Storage, Analysis, Evaluation, Manipulation, Management, Movement, Control, Display, Switching, Interchange, Transmission, Or Reception Of Data Or Information By The Executive Agency, If The Equipment Is Used By The Executive Agency Directly Or Is Used By A Contractor Under A Contract With The Executive Agency That Requires The Use— (i) Of That Equipment; Or (ii) Of That Equipment To A Significant Extent In The Performance Of A Service Or The Furnishing Of A Product; (2) Includes Computers, Ancillary Equipment (including Imaging Peripherals, Input, Output, And Storage Devices Necessary For Security And Surveillance), Peripheral Equipment Designed To Be Controlled By The Central Processing Unit Of A Computer, Software, Firmware And Similar Procedures, Services (including Support Services), And Related Resources; But (3) Does Not Include Any Equipment Acquired By A Federal Contractor Incidental To A Federal Contract. (b) Prohibition. Section 102 Of Division R Of The Consolidated Appropriations Act, 2023 (pub. L. 117-328), The No Tiktok On Government Devices Act, And Its Implementing Guidance Under Office Of Management And Budget (omb) Memorandum M-23-13, Dated February 27, 2023, “no Tiktok On Government Devices” Implementation Guidance, Collectively Prohibit The Presence Or Use Of A Covered Application On Executive Agency Information Technology, Including Certain Equipment Used By Federal Contractors. The Contractor Is Prohibited From Having Or Using A Covered Application On Any Information Technology Owned Or Managed By The Government, Or On Any Information Technology Used Or Provided By The Contractor Under This Contract, Including Equipment Provided By The Contractor’s Employees; However, This Prohibition Does Not Apply If The Contracting Officer Provides Written Notification To The Contractor That An Exception Has Been Granted In Accordance With Omb Memorandum M-23-13. (c) Subcontracts. The Contractor Shall Insert The Substance Of This Clause, Including This Paragraph (c), In All Subcontracts, Including Subcontracts For The Acquisition Of Commercial Products Or Commercial Services. (end Of Clause) far 52.223-99 – Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors (oct 2021) (deviation 2022-01) (a) Definition. As Used In This Clause - united States Or Its Outlying Areas Means— (1) The Fifty States; (2) The District Of Columbia; (3) The Commonwealths Of Puerto Rico And The Northern Mariana Islands; (4) The Territories Of American Samoa, Guam, And The United States Virgin Islands; And (5) The Minor Outlying Islands Of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, And Wake Atoll. (b) Authority. This Clause Implements Executive Order 14042, Ensuring Adequate Covid Safety Protocols For Federal Contractors, Dated September 9, 2021 (published In The Federal Register On September 14, 2021, 86 Fr 50985). (c) Compliance. The Contractor Shall Comply With All Guidance, Including Guidance Conveyed Through Frequently Asked Questions, As Amended During The Performance Of This Contract, For Contractor Or Subcontractor Workplace Locations Published By The Safer Federal Workforce Task Force (task Force Guidance) At Https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor Shall Include The Substance Of This Clause, Including This Paragraph (d), In Subcontracts At Any Tier That Exceed The Simplified Acquisition Threshold, As Defined In Federal Acquisition Regulation 2.101 On The Date Of Subcontract Award, And Are For Services, Including Construction, Performed In Whole Or In Part Within The United States Or Its Outlying Areas. (end Of Clause) the Government Will Take No Action To Enforce The Clause Implementing Requirements Of Executive Order 14042, Absent Further Written Notice From The Agency, Where The Place Of Performance Identified In The Contract Is In A U.s. State Or Outlying Area Subject To A Court Order Prohibiting The Application Of Requirements Pursuant To The Executive Order (hereinafter, “excluded State Or Outlying Area”). In All Other Circumstances, The Government Will Enforce The Clause, Except For Contractor Employees Who Perform Substantial Work On Or In Connection With A Covered Contract In An Excluded State Or Outlying Area, Or In A Covered Contractor Workplace Located In An Excluded State Or Outlying Area. A Current List Of Such Excluded States And Outlying Areas Is Maintained At Https://www.saferfederalworkforce.gov/contractors/. department Of Transportation Acquisition Regulation (tar) Clauses Incorporated By Reference this Contract Incorporates The Following Transportation Acquisition Regulation Clauses (tar) By Reference (with The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make The Full Text Available. 1252.237-70 Qualifications Of Contractor Employees (nov 2022) 1252.237-72 Prohibition On Advertising (nov 2022) 1252.239-70 Security Requirements For Unclassified Information Technology Resources (nov 2022) 1252.239-71 Information Technology Security Plan And Accreditation (nov 2022) 1252.239-72 Compliance With Safeguarding Dot Sensitive Data Controls (nov 2022) 1252.239-73 Limitations On The Use Or Disclosure Of Third-party Contractor Reported Cyber Incident Information (nov 2022) 1252.239-74 Safeguarding Dot Sensitive Data And Cyber Incident Reporting (nov 2022) 1252.239-75 Dot Protection Of Information About Individuals, Pii, And Privacy Risk Management Requirements (nov 2022) 1252.239-91 Records Management (nov 2022) 1252.239-92 Information And Communication Technology Accessibility Notice (nov 2022) 1252.239-93 Information And Communication Technology Accessibility (nov 2022) 1252.242-71 Contractor Testimony (nov 2022) 1252.242-72 Dissemination Of Information (nov 2022) 1252.242-74 Contract Audit Support (nov 2022) department Of Transportation Acquisition Regulation (tar) Clauses Incorporated In Full Text tar 1252.223-73 Seat Belt Use Policies And Programs (nov 2022) in Accordance With Executive Order 13043, Increasing Seat Belt Use In The United States, Dated April 16, 1997, The Contractor Is Encouraged To Adopt And Enforce On-the-job Seat Belt Use Policies And Programs For Its Employees When Operating Company-owned, Rented, Or Personally-owned Vehicles. The National Highway Traffic Safety Administration (nhtsa) Is Responsible For Providing Leadership And Guidance In Support Of This Presidential Initiative. For Information On How To Implement Such A Program Or For Statistics On The Potential Benefits And Cost-savings To Your Company Or Organization, Please Visit The Click It Or Ticket Seat Belt Safety Section Of Nhtsa’s Website Athttps://www.nhtsa.gov/campaign/click-it-or-ticke And Https://www.nhtsa.gov/risky-driving/seat-belts. (end Of Clause) far 52.212-2 - Evaluation-commercial Products And Commercial Services (nov 2021) Section L - Notice To Offerors 1) The Government Intends To Award A Firm Fixed-price Contract To The Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers: evaluation Factors Listed In Descending Order Of Importance: factor 1 Technical Approach And Project Planning factor 2 Corporate Experience And Past Performance factor 3 Personnel Qualifications factor 4 Price evaluation Factors 1-3, When Combined, Are More Important Than Price. 2) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer’s Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. l.1- Technical Approach And Project Planning the Proposed Technical Approach Shall Demonstrate The Objectives, Methods, Services, And Products Associated With Completing The Work Requirements Stated In This Solicitation. This Should Also Include An Explanation Of The Processes In Place For Monitoring The Quality Of Work And Materials Used For The Asphalt Test Surface Project. additionally, The Offeror Shall Provide A Written Plan For The Proposed Project Schedule To Include The Anticipated Number Of Days After Contract Award To Begin Preparatory Work, Which Includes A Visit By The Project Manager/construction Supervisor To Goodfellow Air Force Base (gafb) To Obtain Approvals From Different Gafb Departments. The Offeror Shall Include The Estimated Amount Of Time For Preparatory Work, To Include, But Not Limited To; An Estimate Of Time After Security Vetting To Begin Work; An Estimate Of Time For The Placement Of A Test Strip; And An Estimate Of Time For The Placement Of The Full Test Surface And Painting Once The Mix Has Been Approved. offerors Shall Develop The Performance Work Statement/statement Of Work (i.e. Offeror’s Solution) For Accomplishing The Objectives Of The Solicitation. Offerors Shall Develop The Performance Metrics And A Measurement Plan, And A Quality Assurance Plan For Accomplishing The Objectives Of The Solicitation. l.2- Corporate Experience And Past Performance the Offeror Shall Provide A List Of Past Projects That It Has Completed That Are Similar To The Project Described In This Solicitation. In Doing So, The Offeror Shall Provide: customer Name customer Contact Information description Of The Project Requirements contract Timeline And Schedule Variance total Contract Value. contract Number (if Federal Government Entity) the Offeror Shall Also Provide Information On Any Contracts That Have Been Terminated For Default Or Convenience And Explain The Circumstances That Resulted In Those Decisions. l.3- Personnel Qualifications the Offeror Shall Provide Resumes For Personnel Proposed To Support This Project. Resumes Are Limited To 1 Page. At A Minimum, The Offeror Shall Provide Resumes For The Management Team, Project Manager, Project Engineer, And Construction Supervisor (or Similar Categories). The Resumes Shall Discuss Personnel Experience Related To Performing The Following Work: asphalt Mix Design; construction Of Traction Test Surfaces In General; utqg Traction Test Surfaces Specifically; And construction On Gafb Or Experience With Work On Military Bases. l.4- Price/cost Proposal the Price/cost Proposal Shall Be Inclusive Of All Prices/costs Necessary To Complete All Aspects Of The Statement Of Work. **note** a Site Visit To The Satf May Be Required After Contract Award For Afb Coordination Purposes. Site Visits Will Be Made Through Appointment Only With The Facility Manager/cor And The Contracting Officer. Section M - Evlaution Factors For Award m.1 Technical Approach And Project Planning (see L.1 For Instructions) offerors Will Be Evaluated To Determine The Reasonableness, Completeness, Clarity, And Feasibility Of Their Approach To Carrying Out The Work Described In The Solicitation Regarding: meeting The Required Traction Coefficient Target; meeting The Test Surface Durability Requirements; constructing The Surface To Meet The Ride And Smoothness Requirements; executing A Quality Assurance/quality Control Program To Ensure The Surface Meets All Of The Requirements In The Statement Of Work; And plan And Execute The Project Schedule. m.2 Corporate Experience And Past Performance (see L.2 For Instructions) offerors Will Be Evaluated To Determine: the Ability Of The Offeror To Complete Projects Of Similar Technical Complexity. the Offeror’s Ability To Meet Project Schedules, Milestones, And Deliverables. the Ability Offeror To Complete Work On An Us Air Force Base. in Addition, The Amount Of Experience Conducting Similar Work Will Be Considered. m.3 Personnel Qualifications (see L.3 For Instructions) offerors Will Be Evaluated On The Experience And Abilities Of The Proposed Professional And Technical Personnel. Offerors Will Be Evaluated On The Sufficiency Of The Experience And Technical Background Of The Proposed Staff To Ensure The Successful Completion Of Project. m.4 Cost Evaluation Calculation the Cost Proposal Will Be Evaluated For Reasonableness. Reasonableness Determinations May Be Made By Comparing Proposed Prices With The Independent Government Cost Estimate (igce), And By Comparing Proposed Prices With Prices Obtained Through Market Research For The Same Or Similar Items And Services. for The Purpose Of Evaluating The Estimated Total Cost Proposed By Each Offeror, And For Establishing The Ceiling Amounts Of This Contract, Offerors Shall Complete Section (v) Contract Price, B.1 And Provide Supporting Documentation For All Proposed Costs. m.4.1 Price Realism offerors Are Placed On Notice That Any Proposal That Is Unrealistic In Terms Of Technical Commitment Or Unrealistically Low In Cost And/or Price Will Be Deemed Reflective Of An Inherent Lack Of Technical Competence Or Indicative Of Failure To Comprehend The Complexity And Risk Of Contract Requirements, And May Be Grounds For Rejection Of The Proposal. m.4.2 Price Reasonableness reasonableness Determinations Will Be Made By Comparing Proposed Prices Received In Response To The Solicitation, By Comparing Proposed Prices With The Independent Government Cost Estimate (igce), By Comparing Proposed Prices To Historical Prices Paid, And By Comparing Proposed Prices With Prices Obtained Through Market Research For The Same Or Similar Items. far 52.212-3 -- Offeror Representations And Certifications-commercial Items (may 2024) (incorporated By Reference) far 52.212-4 -- Contract Terms And Conditions-commercial Products And Commercial Services (nov 2023) (incorporated By Reference) far 52.212-5 - Contract Terms And Conditions Required To Implement Statues Or Executive Orders-commercial Items (nov 2024) (by Reference) special Contract Clauses And Provisions the Successful Offeror Will Need To Provide The Following To Good Fellow Base Personnel: (provide Names, Dl #, Last 4 Of Ssn, Etc. At Least 4 Weeks Prior To Entry For Background Checks); See Specific Base Guidance Below To Make The Entry Process As Quick As Possible: contact The Law Enforcement Desk ((325) 654-3504 Or 3505), To Let Them Know The Trucks Are On Their Way. That Way The Desk Can Contact The Inspection Facility To Let Them Know To Be On The Lookout For The Trucks. (xiv) Defense Priorities And Allocations System (dpas) not Applicable (xv) Date, Time And Place Offers Are Due: all Proposals Are Due On 4:00p.m. Est, January 13, 2025. submit Proposals By Email To: nhtsaoam@dot.gov, And Cc: Thomas.bub@dot.gov the Subject Line Must Reference Rfp Number 693jj925r000012 attention: Thomas J. Bub (xvi) Additional Information: an Hour Long (i.e. 1 - Hour) Pre-proposal Conference Will Be Held On Thursday, December 19th, 2024 At 10:00a.m. Est. All Interested Potential Offerors Must Click The Link Below In Order To Register For This Virtual Call. (see Below) pre-proposal Conference Registration Here * Note: (link Is Only Active On Attached Pdf Document) following The Pre-proposal Conference Nhtsa Will Post All Responses To Questions Received In The Form Of An Amendment To This Solicitation Notice For The Public. All Solicitation Questions Are Due By 4:00p.m. On December 19th, 2024 To The Following Addresses At: Nhtsaoam@dot.gov, And Cc: Thomas.bub@dot.gov. all Correspondence Must Reference Rfp Number 693jj925r000012 In The Subject Line.

Details: **this Solicitation Has Been Updated To Reflect Overseas Comparability Pay, As Updated In Aapd 25-02. All Other Information Remains The Same. ** solicitation Number: 7200aa25r00013 issuance Date: December 5, 2024 closing Date And Time: January 6, 2025, 1:00 Pm Eastern Standard Time (est) subject: Solicitation For U.s. Personal Service Contractor (uspsc) dear Prospective Offerors: the United States Government (usg), Represented By The U.s. Agency For International development (usaid), Is Seeking Offers From Qualified U.s. Citizens To Provide Personal services As Deputy Country Representative – Senegal (fs-03) Under A Personal Services Contract, as Described In The Attached Solicitation. offers Must Be In Accordance With Attachment 1 Of This Solicitation At The Place And Time specified. Incomplete Or Unsigned Offers Will Not Be Considered. Offerors Should Retain Copies Of all Offer Materials For Their Records. usaid Will Evaluate All Offerors Based On The Stated Evaluation Criteria. Usaid Encourages All individuals, Including Those From Disadvantaged And Under-represented Groups, To Respond To The solicitation. offerors Interested In Applying For This Position Must Submit The Following Materials: 1. Complete Resume. In Order To Fully Evaluate Your Offer, Your Resume Must Include: (a) Paid And Non-paid Experience, Job Title, Location(s), Dates Held (month/year), And Hours worked Per Week For Each Position. Dates (month/year) And Locations For All Overseas field Experience Must Also Be Detailed. Any Experience That Does Not Include Dates (month/year), Locations, And Hours Per Week Will Not Be Counted Towards Meeting the Solicitation Requirements. (b) Specific Duties Performed That Fully Detail The Level And Complexity Of The Work. (c) Names And Contact Information (phone And Email) Of Your Current And/or Previous supervisor(s). (d) Education And Any Other Qualifications Including Job-related Training Courses, Job-related skills, Or Job-related Honors, Awards Or Accomplishments. (e) U.s. Citizenship. note: Your Resume Should Contain Explicit Information To Make A Valid Determination That you Fully Meet The Experience Requirements As Stated In This Solicitation. This Information 1 | Page should Be Clearly Identified In Your Resume. Failure To Provide Explicit Information To determine Your Qualifications For The Position Will Result In Loss Of Full Consideration. 2. Uspsc Offeror Information For Personal Services Contracts Form Aid 309-2. Offerors are Required To Complete And Sign The Form. We Are Currently Accepting Electronic And typed Signatures On The Aid 309-2 Form. additional Documents Submitted Will Not Be Accepted. Incomplete Or Late Offers Will Not Be considered. Your Complete Resume And The Aid 309-2 Form Must Be Emailed To otijobs@usaid.gov offerors Can Expect To Receive A Confirmation Email When Offer Materials Have Been Received. offerors Should Retain For Their Records Copies Of All Enclosures Which Accompany Their Offers. this Solicitation In No Way Obligates Usaid To Award A Psc Contract, Nor Does It Commit usaid To Pay Any Cost Incurred In The Preparation And Submission Of The Offer. offeror Resources Are Available At Https://otijobs.net/uspsc-application-guidance. Any Questions on This Solicitation May Be Directed To: oti Recruitment Team e-mail Address: Otijobs@usaid.gov website: Www.otijobs.net sincerely, maria Del Carmen Grizzard contracting Officer m/oaa/cps 2 | Page 7200aa25r00013 attachment I i. General Information 1. Solicitation No.: 7200aa25r00013 2. Issuance Date: December 5, 2024 3. Closing Date And Time For Receipt Of Offers: January 6, 2025, 1:00 Pm eastern Time 4. Point Of Contact: Oti Recruitment Team, Email At Otijobs@usaid.gov. 5. Position Title: Deputy Country Representative 6. Market Value: This Position Has Been Designated At The Fs-03 Equivalent Level, overseas Non-locality Pay ($98,697 - $144,940). Final Compensation Will Be Negotiated Within the Listed Market Value Based Upon Qualifications, Previous Relevant Experience And Work History, salary And Educational Background. Salaries Over And Above The Pay Range Will Not Be entertained Or Negotiated. please Be Advised Selectee(s) Will Be Required To Travel To Washington, Dc For Agency onboarding Processing And Badging Regardless Of Place Of Performance. Uspscs With A Home Of record Outside Of The 50 Mile Dc Radius, Per Agency Travel Policy, Will Be Reimbursed For Travel to The Official Usaid Worksite In Washington, Dc. In Order To Be Reimbursed, The Selectee Must have A Travel Authorization (ta) Completed Prior To Traveling. For Uspscs Within The 50 Mile dc Radius, Any Required Travel For The Purpose Of Completing The Onboarding And Badging Process will Be A Personal Expense. Per Agency Regulations, Any Required Travel For Uspscs Within 50 miles From An Employee’s Residence, Duty Station, Or Place Of Performance Will Be A Personal expense. 7. Period Of Performance: One Year, With Four One-year Option Periods. start Date: Within 45 Days Of Receiving Notification That Required Security And Medical clearances Have Been Obtained. 8. Place Of Performance: Senegal overseas Uspscs May Be Authorized To Telework Or Remote Work Only From A Location within The Country Of Performance, In Accordance With Mission Policy. Telework Or remote Work From Outside The Country Of Performance May Only Be Authorized In Certain situations In Accordance With The Terms And Conditions Of The Contract. 3 | Page 9. Eligible Offerors: United States Citizens 10. Security Level Required: Secret 11. Statement Of Duties position Description background usaid’s Office Of Transition Initiatives (oti) Is Seeking Highly Motivated, Highly Qualified individuals Who Want The Opportunity To Help Support Rapid International Transition Programs For priority Conflict-prone Countries. Created In 1994 As A Distinct Operating Unit Within Usaid, Oti helps Local Partners Advance Peace And Democracy In Politically-transitioning Countries. In support Of U.s. Foreign Policy, Oti Seizes Emerging Windows Of Opportunity In The Political landscape To Promote Stability, Peace, And Democracy By Catalyzing Local Initiatives Through adaptive And Agile Programming. countries Experiencing A Significant Political Transition In The Midst Of A Disaster Or Emerging from Civil Conflict Have Unique Needs That Cannot Be Fully Addressed By Traditional Disaster Relief. timely And Effective Assistance To Promote And Consolidate Peaceful, Democratic Advances Can make The Difference Between A Successful Or A Failed Transition. Oti Assists In Securing Peace By aiding Indigenous, Mostly Non-governmental, Civil Society And Media Organizations. Oti Uses such Mechanisms As Support For Re-integration Of Ex-combatants Into Civilian Society; development Of Initiatives To Promote National Reconciliation; Identification Of Quick-impact community Self-help Projects To Meet Urgent Economic Needs; And Aid To Independent Media outlets And Community-based Organizations To Help Promote Informed Debate And Broaden Public participation. to Respond Quickly And Effectively And Meet Its Program Objectives And Mandate Oti Retains A group Of High Level Professionals And Experts Under U.s. Personal Services Contracts (uspscs). these Knowledgeable And Skilled Professionals Make Up The Vast Majority Of The Oti Work Force and Are At Its Forefront Implementing And Achieving The Office’s Programmatic Goals And objectives.there Are Several Benefits That Uspscs May Participate In, Such As Partial reimbursement For Health And Life Insurance Costs, As Well As Full Coverage Of Workers’ compensation, Among Other Benefits. For More Complete Information On Uspsc Benefits, Please see Section Vi Of This Solicitation. oti’s Core Values: agility 4 | Page oti Addresses Complex Political Problems Through Context Analysis, Experimentation, And strategic Resource Use. Applying An Adaptive Mindset In Washington And The Field Accelerates timely Positive Change. political oti Seeks To Understand How Power Is Created, Traded, And Facilitated, Requiring That We acknowledge Our Privilege And The Limits Of Our Power. This Understanding Helps Us Act On Power dynamics And Harness Them For Transformation. accountability oti Exhibits A Sense Of Ownership And Integrity In The Work We Do, And Holds A Sense Of responsibility To Each Other, The Local Partners We Engage, The Policies And Programs We Advance with Our Implementing Partners, And The Taxpayer. curiosity oti’s Mission Demands Learning And Adaptation. Our Relentless Curiosity Drives Us To Wonder about People, Problems, And Possibilities. We Question The Status Quo, Seek To Understand Amid uncertainty, And Treat Mistakes As A Compass Pointing Us Toward More Effective Approaches. diversity & Inclusion oti’s Ability To Achieve Its Mission And Live Out Its Values Is Propelled By Our Collective responsibility To Create A Sense Of Belonging For All In Our Work Environment. Oti Values The diversity Of Each Others’ Authentic Selves, Building A Foundation Of Trust And Respect. courage oti Embraces Our Engagements With One Another, Our Stakeholders, And Our Programs With intentionality And Optimism. Achieving Our Mission Requires That We Take Risks And Tackle difficult Conversations And Decisions. A Courageous Oti Is A Force For Positive Change. oti’s Deia Vision Statement: Oti Is A Collaborative Environment That Represents The Global community At All Levels Of Our Organization. Uniting Diverse Backgrounds And Experiences, We value Individual Expertise To Advance Peace And Democracy Around The World. values And Associated Behaviors That Will Enable This Vision Are: trust ● Model Open Communication, Active Listening And Candor. ● Believe Others When They Share Their Experiences. 5 | Page respect ● A Respectful Attitude Should Be Shown To Everyone. ● Allow For Others To Express Complete Opinion/thoughts Without Interruption, While recognizing That There Are Other Perspectives And Lived Experiences. belonging (accessibility) ● Serve As An Ally To Those Who Feel Excluded (professionally, Socially, Personally, Etc.). ● Promote Togetherness And Acceptance Through Equitable Behavior. empathy ● Listen To Understand, Create Space To Be Real/feel. ● Remind Yourself To Be Conscious Of How Others May Feel Or Receive Your Words self-awareness/accountability ● Supervisors Hold Their Peers To Account On Their Expectations And Behaviors. ● Seek Regular, Constructive Feedback To Understand How Your Words And Actions Affect And influence Others, And How They Are Being Perceived And Interpreted. ● Acknowledge Unconscious Bias And Be Willing To Learn And Change Behavior When confronted/corrected. for More Information About Oti And Its Country Programs Please See: https://www.usaid.gov/stabilization-and-transitions introduction the Oti Deputy Country Representative – Senegal Is A Member Of The Cps/oti West And central Africa (wca) Regional Team, And Reports To The Oti Country Representative In senegal. The Deputy Country Representative’s Principal Responsibility Will Be Development, oversight And Management Of Usaid/oti's Senegal Country Program. The Incumbent Will Be called On To Support The Oti Country Representative With Managing An Implementing Partner and May Be Called Upon To Represent Oti’s Program To Local Partners, Senior-level U.s. government Officials, In-country Visitors, Senior Officials From Other International Organizations, bilateral Donors And Local Government Officials. core Functional Areas Of Responsibility duties And Responsibilities the Work Of The Deputy Country Representative Requires Teamwork, The Exercise Of Discretion, judgment, And Personal Responsibility. As A Member Of A Highly Operational Office, You Are willing And Able To Perform A Wide Range Of Administrative Functions To Help Ensure programmatic Success. You Have A High Level Of Integrity And Attention To Detail To Ensure The Use of Oti Systems And Procedures To Maintain Effective And Efficient Management Of Funds, programming, And Monitoring And Evaluation. You Are Highly Flexible And Willing To Work Under 6 | Page conditions Of Ongoing Changes, And Remain Professional And Respectful Of Colleagues And authority In A Diverse Workforce. You Place A Premium On The Building Of Positive Relationships with Your Respective Team In Washington, D.c., Colleagues In The Field, And With Key Stakeholders both In And Outside Of Usaid. You Are Able To Prioritize And Complete Tasks Without Follow-up by The Supervisor, While Also Filling In Gaps As Needed To Ensure The Responsiveness Of The Team. you Are A Strategic Thinker, Articulate Innovative Ideas, Present Solutions, And Are A Positive Role model For Colleagues Both In And Outside Of Oti. You Are Also Committed To Upholding usaid/oti’s Diversity, Equity, Inclusion, And Accessibility’s (deia) Vision And Values As outlined In The Background. under The Direct Supervision Of The Washington-based Cps/oti Country Representative For senegal Or Their Designee, The Deputy Country Representative Will Perform The Following Duties: ● Represent Oti Interests During Meetings With Usaid Mission Personnel, U.s. Embassy staff, Host-country Government Officials, International Organizations, Indigenous And international Non-governmental Organizations (ngos), And International Donors interested In Cps/oti Activities; ● Provide Guidance On The Identification And Development Of Projects That Meet Oti funding Criteria, Further Oti Programmatic Objectives, And Complement Other Projects and Programs Implemented By Other Usaid Offices, U.s. Government Agencies And donor Organizations; ● Provide Support For The Design And Execution Of Programs That Follow Oti’s Quick Impact programming Model In Us Embassies Or Usaid Missions. Support To Us Embassies And usaid Missions May Include Attendance And/or Facilitation Of Program Management processes For Follow-on Programming, Including Rolling Assessments, Strategy Review sessions, Program Performance Reviews And Management Reviews; ● Review Proposals And Grant Concepts And Work With Diverse Groups, Many Of Which Have not Previously Had International Funding; ● Collaborate With The Country Representative In Monitoring The Performance Of Oti implementing Partners In The Implementation Of Oti-financed Activities Designed To achieve Strategic Objectives; ● Travel To Monitor And Assess Political Conditions, Implementing Partner Operational platforms, Meet With Potential Grantees, Host-country Government And Other Program counterparts, And Develop Activity Ideas; ● Mentor And Train Other Oti And Implementing Partner Field Staff; ● Assume The Lead On Collecting Information And Drafting/editing Regular Reporting products; 7 | Page ● Assume Higher Representational Responsibilities, Potentially Serving As Acting Oti country Representative In Their Absence; ● Perform A Wide Range Of Administrative Functions Including Budget Preparation, Financial management, Records Management, And Travel Assistance To Help Ensure Programmatic success; ● Coordinate With The Oti Country Representative To Develop An Exit Strategy That Ensures reasonable Time To Transition From Oti Programs To Follow-on Usaid Or Other Donor programs; ● Communicate Regularly And Share Program Information With Other Usaid Project managers, The Us Embassy, Bilateral Donors, Un Organizations, International organizations, And Indigenous And International Ngos To Ensure Visibility And Synergy Of usaid/oti Activities; ● Support The Country Representative To Ensure The Use Of Oti Systems And Procedures To maintain Effective And Efficient Management Of Funds, Programming, And Monitoring And evaluation; ● Report To The Oti Country Representative And Oti/washington On The Status Of: 1) Grant development And Implementation, 2) Oti Contractor Performance, 3) Foreign Service national (fsn) Staff Support Needs And Morale, 4) Communication And Coordination issues Among Oti Offices With Other U.s. Government Entities, 5) Security Concerns, 6) relations With Local Partners Including Local, State And National Government representatives, And 7) Other Pertinent Information Required To Achieve Oti’s Program objectives; ● Manage And/or Supervise The Fsn Staff, Including Program Officers, Administrative assistants And Drivers Alongside Of The Country Representative; ● Supervise Staff As Delegated By The Country Representative (e.g. Program Managers, program Assistants, Administrative Program Assistants, Etc.). Provide Orientation, training And Mentoring For Usaid Staff Supervised; Assign Work, Explain How Duties Are to Be Performed To Meet Expectations, And Communicate How The Successful Performance of Those Duties Will Be Measured; Evaluate Staff Performance; Recognize Good performance; Communicate Where Performance Needs To Be Improved; Resolve complaints; And Approve Leave Requests And Timesheets As Well As Training, Travel And program And Operations Requests; ● Serve On Temporary Details Within Oti, Other Usaid Bureaus/offices, Or Other U.s. government (usg) Agencies Under This Scope Of Work For A Period Not To Exceed Six (6) months. Duties Performed While On Detail Must Be Directly Related To The Scope Of Work, but May Not Be Directly Related To Oti Programs Or Activities. Contracting Officer (co) approval Is Required For The Temporary Detail. Any Extension Past The Six (6) Months 8 | Page requires Co Approval. supervisory Relationship: the Deputy Country Representative Will Be Supervised By The Oti Country Representative Or his/her Designee In Senegal. The Incumbent Is Expected To Take Initiative, Act Independently, And manage His/her Tasks With Minimal Supervision. Though This Is A Senior Field-based Position, The incumbent Is Expected To Actively And Proactively Collaborate With Oti/washington Leadership, and To Fully Utilize, Embrace, And Become An Expert On Oti Systems And Processes. Failure To adequately Perform The Scope Of Work Above And/or Failure To Take Direction From The Supervisor may Result In Corrective Actions, Including Denial Of Step Or Grade Increases, Extension Of Contract probationary Periods, Performance Improvement Plans, And/or Termination For The Convenience Of usaid/oti. supervisory Controls: at The Fs-03 Level, The Incumbent’s Supervisor Sets Overall Objectives. The Incumbent And supervisor Together Develop Deadlines, Projects, And Work To Be Done. The Incumbent independently Plans, Designs, And Carries Out Projects, Studies, And Programs. Completed Work Is reviewed Only From An Overall Standpoint In Terms Of Feasibility, Compatibility With Other Work, or Effectiveness In Meeting Requirements, Or Expected Results. Technical Problems Are Generally resolved Without Reference To Supervisors. 12. Physical Demands while In Senegal, The Work Is Generally Sedentary And Does Not Pose Undue Physical Demands. however, The Position May Require Travel Throughout The Country Of Assignment, Which May involve Some Additional Physical Exertion, Including Long Periods Of Standing, Walking Over rough Terrain, Or Carrying Of Moderately Heavy Items (less Than 50 Pounds). 13. Work Environment: while At Post, The Work Is Generally Performed In An Office Environment. However, The Position also Requires Travel Throughout The Region, Which May Additionally Involve Special Safety And/or security Precautions, Wearing Of Protective Equipment, And Exposure To Severe Weather conditions. ii. Minimum Qualifications Required For This Position (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Education And experience Factors Are Considered Not Qualified For The Position. See Detailed Instructions For demonstrating Education/experience Under “submitting An Offer”) education/experience Required: at A Minimum, The Offeror Must Have: (1) A Master’s Degree With Five (5) Years Of Work Experience; or 9 | Page a Bachelor’s Degree With Seven (7) Years Of Work Experience; or an Associate’s Degree With Eight (8) Years Of Work Experience; or a High School Diploma With Nine (9) Years Of Work Experience; and (2) Five (5) Years Of Project Management Experience With A U.s. Government Foreign Affairs agency, Domestic Or International Assistance Organization, Or Non-governmental organization In Community Development, Economic Development, Mediation/arbitration, conflict Resolution, Democracy And Governance, International Law, Political Analysis, and/or Human Rights Activities; (3) One (1) Year Of Overseas Field Experience (in Person Or Virtual). A Virtual Temporary Duty (tdy) Is Defined As Work That Would Have Been Conducted In An Overseas Location If Not for The Covid Pandemic; (4) One (1) Year Of Supervisory Experience (including But Not Limited To Mentoring, Training, and Guiding Staff); (5) Demonstrated Experience Using French In A Professional Setting Is Required. iii. Evaluation And Selection Factors (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Education And experience Factors Are Considered Not Qualified For The Position. the Government May Award A Contract Without Discussions With Offerors In Accordance With far 52.215-1. The Co Reserves The Right At Any Point In The Evaluation Process To Establish a Competitive Range Of Offerors With Whom Negotiations Will Be Conducted Pursuant To far 15.306(c). In Accordance With Far 52.215-1, If The Co Determines That The Number Of offers That Would Otherwise Be In The Competitive Range Exceeds The Number At Which An Efficient competition Can Be Conducted, The Co May Limit The Number Of Offerors In The Competitive Range to The Greatest Number That Will Permit An Efficient Competition Among The Most Highly Rated offers. Far Provisions Of This Solicitation Are Available At https://www.acquisition.gov/browse/index/far. selection Factors: (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Selection factors Are Considered Not Qualified For The Position.) ● Offeror Is A U.s. Citizen; 10 | Page ● Complete Resume Submitted. See Cover Page For Resume Requirements. Experience That cannot Be Quantified Will Not Be Counted Towards Meeting The Solicitation Requirements; ● Ability To Obtain A Secret Level Security Clearance (note: Dual Citizens May Be asked To Renounce Second-country Citizenship); ● Ability To Obtain A Department Of State Medical Clearance; ● Satisfactory Verification Of Academic Credentials. a Usaid Secret Level Security Clearance And Department Of State Medical Clearance Are Required prior To Issuance Of The Contract For This Position. note: If A Full Security Investigation Package Is Not Submitted By The Selected Within 30 Days after It Is Requested, The Offer May Be Rescinded. If A Security Clearance Is Not Able To Be Obtained within Four Months After The Selected Submits The Initial Security Clearance Documentation, The offer May Be Rescinded. note: The Selected Must Obtain Department Of State Medical Clearance Within Four Months after Offer Acceptance. If Medical Clearance Is Not Obtained Within This Period, The Offer May Be rescinded. due To Anticipated Program Needs, Individuals Should Be Able To Travel To Post Within 60 Days after A Contract Is Awarded. offeror Rating System the Offeror Rating System Factors Are Used To Determine The Competitive Ranking Of Qualified offerors In Comparison To The Technical Evaluation Criteria. Offerors Must Demonstrate The Rating factors Outlined Below Within Their Resume, As They Are Evaluated Strictly By The Information provided. note: Supplemental Documentation With Written Responses Is Not Required And Will Not Be reviewed For This Solicitation. note: Offerors Are Required To Address Each Factor Of The Offeror Rating System In Their Resume, describing Specifically And Accurately What Experience, Training, Education, And/or Awards They have Received As It Pertains To Each Factor. Failure To Address The Selection Factors And/or Offeror rating System Evaluation Factors May Result In Not Receiving Credit For All Pertinent Experience, education, Training And/or Awards. the Evaluation Factors Are As Follows: industry Experience (20 Points): ● Demonstrated Experience In The Design, Management, And Implementation Of post-conflict, Political Transition, And/or Political Reform Programs. ● Demonstrated Experience Independently Managing Projects In High-visibility And high-pressure Environments, Including Transitional, Crisis, Or Conflict Zones. 11 | Page program Operations And Management (30 Points): ● Demonstrated Experience In Contract And Grant Management Of A Non-federal organization Implementing An Assistance Or Acquisition Activity Under A Federal Contract, grant, Or Cooperative Agreement. ● Demonstrated Experience Monitoring The Performance Of Implementing Partners. ● Demonstrated Experience Mentoring, Guiding, Training, And Evaluating Staff, Including local Staff. representation (20 Points): ● Demonstrated Experience Interacting With And Representing An Organization To U.s. government Agencies, Host-country Government Counterparts, Civil Society, And Other stakeholders. ● Demonstrated Experience Building And Managing Relationships With Local Counterparts including Beneficiaries. basis Of Rating: Offerors Who Clearly Meet The Education/experience Requirements And selection Factors Will Be Further Evaluated In Accordance With The Offeror Rating System. Those offerors Determined To Be Competitively Ranked May Also Be Evaluated On Interview Performance and Satisfactory Professional Reference Checks. In The Event That A Offeror Has Fully Demonstrated their Qualifications And There Are No Other Competitive Offerors, Oti Reserves The Right To Forego the Interview Process. the Offeror Rating System Is As Follows: evaluation Factors – 70 Points interview Performance - 30 Points satisfactory Professional Reference Checks - Pass/fail (no Points Assigned) total Possible Points: 100 the Most Qualified Offerors May Be Interviewed, Required To Provide A Writing Sample, And demonstrate An Ability To Operate Commonly Used Office Applications. Oti Will Not Pay For Any expenses Associated With The Interviews. In Addition, Offers (written Materials And Interviews) will Be Evaluated Based On Content As Well As On The Offerors Writing, Presentation, And communication Skills. In The Event That An Offeror Has Fully Demonstrated Their Qualifications And there Are No Other Competitive Offerors, Oti Reserves The Right To Forego The Interview Process. professional References And Academic Credentials Will Be Evaluated For Offerors Being Considered for Selection. Offerors Must Submit At Least Three (3) Professional References, One (1) Of Which must Be A Current Or Former Supervisor. Oti Reserves The Right To Contact Previous Employers To verify Employment History. If The Offeror Had A Previous Position With Usaid, The Tec And/or co Are Encouraged To Obtain Reference Checks From The Previous Supervisor(s) Or Co(s). See ads 309.3.1.11.a.4 iv. Submitting An Offer 12 | Page offers Must Be Received By The Closing Date And Time At The Address Specified In Section I, Item 3, And Submitted To The Point Of Contact In Section I, Item 4. qualified Offerors Are Required To Submit: 1. Complete Resume. In Order To Fully Evaluate Your Offer, Your Resume Must Include: (a) Paid And Non-paid Experience, Job Title, Location(s), Dates Held (month/year), And Hours worked Per Week For Each Position. Dates (month/year) And Locations For All Overseas field Experience Must Also Be Detailed. Any Experience That Does Not Include Dates (month/year), Locations, And Hours Per Week Will Not Be Counted Towards Meeting the Solicitation Requirements. (b) Specific Duties Performed That Fully Detail The Level And Complexity Of The Work. (c) Names And Contact Information (phone And Email) Of Your Current And/or Previous supervisor(s). (d) Education And Any Other Qualifications Including Job-related Training Courses, Job-related skills, Or Job-related Honors, Awards Or Accomplishments. (e) U.s. Citizenship. your Resume Should Contain Explicit Information To Make A Valid Determination That You fully Meet The Minimum Qualification Requirements As Stated In This Solicitation. This information Should Be Clearly Identified In Your Resume. Failure To Provide Explicit information To Determine Your Qualifications For The Position Will Result In Loss Of Full consideration. note: The Offeror Rating System Evaluation Factors Are Worth 70 Out Of 100 Points. offerors Are Required To Address Each Factor Of The Offeror Rating System In Their Resume, describing Specifically And Accurately What Experience, Training, Education, And/or Awards they Have Received As It Pertains To Each Factor. Failure To Address The Selection Factors And/or offeror Rating System Factors May Result In Not Receiving Credit For All Pertinent Experience, education, Training And/or Awards. 2. Offeror Information For Personal Services Contracts Form Aid 309-2. Offerors Are required To Complete And Sign The Form. The Form Can Be Found At Https://www.usaid.gov/forms. we Are Currently Accepting Electronic Signatures On The Aid 309-2 Form. 3. Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors - The Offeror will Be Required To Show Proof That The Offeror Is Fully Vaccinated Against Covid-19 On Or before The First Date Of Onboarding, Or Submit An Approved Reasonable Accommodation To The Co. if The Contractor Does Not Meet This Requirement The Contract May Be Terminated.* *see Notice Regarding Any Court Order Affecting The Implementation Of E.o. 14042 In section Viii Below. additional Documents Submitted Will Not Be Accepted. 13 | Page to Ensure Consideration Of Offers For The Intended Position, Offers Must Prominently Reference The solicitation Number In The Offer Submission. offeror Resources Are Available At Https://otijobs.net/uspsc-application-guidance. document Submittals via Email: Otijobs@usaid.gov please Note In Your Document Submittal Where You Heard About This Position. note Regarding Government Obligations For This Solicitation this Solicitation In No Way Obligates Usaid To Award A Psc Contract, Nor Does It Commit usaid To Pay Any Cost Incurred In The Preparation And Submission Of The Offer. all Qualified Offerors Will Be Considered Regardless Of Age, Race, color, Sex, Creed, National Origin, Lawful Political Affiliation, non-disqualifying Disability, Marital Status, Sexual Orientation, affiliation With An Employee Organization, Or Other Non-merit factor. v. List Of Required Forms Prior To Award once The Contracting Officer (co) Informs The Successful Offeror About Being Selected For A contract Award, The Co Will Provide The Successful Offeror Instructions About How To Complete and Submit The Following Forms. Forms Outlined Below Can Found At Http://www.usaid.gov/forms/ 1. Declaration For Federal Employment (of-306). 2. Medical History And Examination Form (ds-1843). 3. Questionnaire For Sensitive Positions (for National Security) (sf-86), Or Questionnaire for Non-sensitive Positions (sf-85). 4. Finger Print Card (fd-258). vi. Benefits And Allowances as A Matter Of Policy, And As Appropriate, A Uspsc Is Normally Authorized The Following benefits And Allowances: 1. Benefits: a) Employer's Fica Contribution b) Contribution Toward Health & Life Insurance c) Pay Comparability Adjustment d) Annual Increase (pending A Satisfactory Performance Evaluation) e) Eligibility For Worker's Compensation 14 | Page f) Annual And Sick Leave g) Paid Parental Leave h) Relocation Expense Benefit 2. Allowances: section Numbers Refer To Rules From The Department Of State Standardized Regulations (government Civilians Foreign Areas), Available At https://aoprals.state.gov/content.asp?content_id=282&menu_id=101 (a) Post Differential Chapter 500 And Tables In Chapter 900. (b) Living Quarters Allowance Section 130. (c) Temporary Lodging Allowance Section 120. (d) Post Allowance Section 220. (e) Supplemental Post Allowance Section 230. (f) Payments During Evacuation Section 600. (g) Education Allowance Section 270. (h) Separate Maintenance Allowance Section 260. (i) Danger Pay Allowance Section 650. (j) Education Travel Section 280. vii. Taxes uspscs Are Required To Pay Federal Income Taxes, Fica, Medicare And Applicable State Income taxes. viii. Usaid Regulations, Policies And Contract Clauses Pertaining to Pscs usaid Regulations And Policies Governing Uspsc Awards Are Available At These Sources: 1. Usaid Acquisition Regulation (aidar), Appendix D, “direct Usaid Contracts with A U.s. Citizen Or A U.s. Resident Alien For Personal Services Abroad,” Including contract Clause “general Provisions,” Available At https://www.usaid.gov/ads/policy/300/aidar. 2. Contract Cover Page Form Aid 309-1 Available At Https://www.usaid.gov/forms. <choose Applicable Table For Positon Based On Period Of performance> one Base Year Table – Deputy Country Representative item Services (description) Qty Unit Unit Price Amount 15 | Page no (a) (b) (c) (d) (e) (f) 0001 Base Year 1 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ fringe Benefits/other Direct Costs (odcs) award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] total Estimated Cost $____ four Option Years Table- Deputy Country Representative item no (a) services (description) (b) qty (c) unit (d) unit Price (e) amount (f) 100 1 option Period (op) 1 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 1 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 200 1 op 2 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 2 - Odcs award Type: Cost product Service Code: R497 16 | Page accounting Info: [insert From Phoenix] 300 1 option Period (op) 3 - Compensation award Type:cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 3 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 400 1 option Period (op) 4 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 4 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] total Estimated Cost [base + Options] $____ 3. Acquisition And Assistance Policy Directives/contract Information Bulletins (aapds/cibs) For Personal Services Contracts With Individuals Available At http://www.usaid.gov/work-usaid/aapds-cibs. 4. Ethical Conduct. By The Acceptance Of A Usaid Personal Services Contract As An individual, The Contractor Will Be Acknowledging Receipt Of The “standards Of Ethical conduct For Employees Of The Executive Branch,” Available From The U.s. Office of Government Ethics, In Accordance With General Provision 2 And 5 Cfr 2635. see Https://www.oge.gov/web/oge.nsf/oge%20regulations aapds And Cibs Contain Changes To Usaid Policy And General Provisions In Usaid regulations And Contracts. Please Refer To Http://www.usaid.gov/work-usaid/aapds-cibs#psc To determine Which Aapds And Cibs Apply To This Contract. 5. Psc Ombudsman The Psc Ombudsman Serves As A Resource For Any Personal Services contractor Who Has Entered Into A Contract With The United States Agency For International development And Is Available To Provide Clarity On Their Specific Contract With The Agency. Please visit Our Page For Additional Information: https://www.usaid.gov/partner-with-us/acquisition-assistance-ombudsman/psc-ombudsman 17 | Page the Psc Ombudsman May Be Contacted Via: Pscombudsman@usaid.gov. 6. Far Provisions Incorporated By Reference 52.204-27 Prohibition On The Bytedance Covered application (date) aapd 06-10 – Psc Medical Expense Payment Responsibility general Provision 28, Medical Expense Payment Responsibility (october 2006) (a) Definitions. Terms Used In This General Provision Are Defined In 16 Fam 116 Available At http://www.state.gov/m/a/dir/regs/fam/16fam/index.htm. Note: Personal Services Contractors Are Not eligible To Participate In The Federal Employees Health Programs. (b) Medical Evacuation (medevac) Services – Please See Attachment 2 To This solicitation For Information On Aapd No. 18-02. (c) When The Contractor Or Eligible Family Member Is Covered By Health Insurance, That Insurance Is the Primary Payer For Medical Services Provided To That Contractor Or Eligible Family Member(s) Both in The United States And Abroad. The Primary Insurer’s Liability Is Determined By The Terms, conditions, Limitations, And Exclusions Of The Insurance Policy. When The Contractor Or Eligible family Member Is Not Covered By Health Insurance, The Contractor Is The Primary Payer For The Total amount Of Medical Costs Incurred And The U.s. Government Has No Payment Obligation (see paragraph (f) Of This Provision). (d) Usaid Serves As A Secondary Payer For Medical Expenses Of The Contractor And Eligible Family members Who Are Covered By Health Insurance, Where The Following Conditions Are Met: (1) The Illness, Injury, Or Medical Condition Giving Rise To The Expense Is Incurred, Caused, Or materially Aggravated While The Eligible Individual Is Stationed Or Assigned Abroad; (2) The Illness, Injury, Or Medical Condition Giving Rise To The Expense Required Or Requires hospitalization And The Expense Is Directly Related To The Treatment Of Such Illness, Injury, Or Medical condition, Including Obstetrical Care; And (3) The Office Of Medical Services (m/med) Or A Foreign Service Medical Provider (fsmp) determines That The Treatment Is Appropriate For, And Directly Related To, The Illness, Injury, Or Medical condition. (e) The Mission Director May, On The Advice Of M/med Or An Fsmp At Post, Authorize Medical Travel for The Contractor Or An Eligible Family Member In Accordance With The General Provision 10, Travel and Transportation Expenses (july 1993), Section (i) Entitled “emergency And Irregular Travel And 18 | Page transportation.” In The Event Of A Medical Emergency, When Time Does Not Permit Consultation, The mission Director May Issue A Travel Authorization Form Or Medical Services Authorization Form ds-3067, Provided That The Fsmp Or Post Medical Advisor (pma) Is Notified As Soon As Possible following Such An Issuance. The Contractor Must Promptly File A Claim With His Or Her Medevac insurance Provider And Repay To Usaid Any Amount The Medevac Insurer Pays For Medical Travel, Up to The Amount Usaid Paid Under This Section. The Contractor Must Repay Usaid For Medical Costs paid By The Medevac Insurer In Accordance With Sections (f) And (g) Below. In Order For Medical travel To Be An Allowable Cost Under General Provision 10, The Contractor Must Provide Usaid written Evidence That Medevac Insurance Does Not Cover These Medical Travel Costs. (f) If The Contractor Or Eligible Family Member Is Not Covered By Primary Health Insurance, The contractor Is The Primary Payer For The Total Amount Of Medical Costs Incurred. In The Event Of A medical Emergency, The Medical And Health Program May Authorize Issuance Of Form Ds-3067, authorization For Medical Services For Employees And/or Dependents, To Secure Admission To A hospital Located Abroad For The Uninsured Contractor Or Eligible Family Member. In That Case, The contractor Will Be Required To Reimburse Usaid In Full For Funds Advanced By Usaid Pursuant To The issuance Of The Authorization. The Contractor May Reimburse Usaid Directly Or Usaid May Offset the Cost From The Contractor’s Invoice Payments Under This Contract, Any Other Contract The Individual has With The U.s. Government, Or Through Any Other Available Debt Collection Mechanism. (g) When Usaid Pays Medical Expenses (e.g., Pursuant To Form Ds-3067, Authorization For medical Services For Employees And/or Dependents), Repayment Must Be Made To Usaid Either By insurance Payment Or Directly By The Contractor, Except For The Amount Of Such Expenses Usaid Is obligated To Pay Under This Provision. The Contracting Officer Will Determine The Repayment Amount in Accordance With The Terms Of This Provision And The Policies And Procedures For Employees contained In 16 Fam 521. When Usaid Pays The Medical Expenses, Including Medical Travel Costs (see Section (e) Above), Of An Individual (either The Contractor Or An Eligible Family Member) Who Is covered By Insurance, That Individual Promptly Must Claim His Or Her Benefits Under Any Applicable insurance Policy Or Policies. As Soon As The Individual Receives The Insurance Payment, The Contractor must Reimburse Usaid For The Full Amount That Usaid Paid On The Individual’s Behalf Or The repayment Amount Determined By The Contracting Officer In Accordance With This Paragraph, whichever Is Less. If An Individual Is Not Covered By Insurance, The Contractor Must Reimburse usaid For The Entire Amount Of All Medical Expenses And Any Travel Costs The Contractor Receives from His/her Medevac Provider. (h) In The Event That The Contractor Or Eligible Family Member Fails To Recover Insurance Payments Or transfer The Amount Of Such Payments To Usaid Within 90 Days, Usaid Will Take Appropriate Action to Collect The Payments Due, Unless Such Failure Is For Reasons Beyond The Control Of The uspsc/dependent. (i) Before Departing Post Or Terminating The Contract, The Contractor Must Settle All Medical Expense and Medical Travel Costs. If The Contractor Is Insured, He Or She Must Provide Proof To The Contracting officer That Those Insurance Claims Have Been Submitted To The Insurance Carrier(s) And Sign A repayment Agreement To Repay To Usaid Any Amounts Paid By The Insurance Carrier(s). 19 | Page attachment Ii title 48 Of The Code Of Federal Regulations (cfr) Chapter 7. usaid Acquisition Regulation (aidar) appendix D – Direct Usaid Contracts With A U.s. Citizen Or A U.s. resident Alien For Personal Services Abroad gp 25. Medical Evacuation (medevac) Services (dec 2019) a Contractor Who Is Required To Relocate Abroad And Accompanying Eligible Family Members; Or A contractor On Official Travel Status Abroad On Temporary Duty Or Training, Will Be Provided Medevac services Through The Department Of State, Bureau Of Medical Services, Similar To That Provided To u.s. Government Employees In 16 Fam 300 Medical Travel. Medevac Costs That Will Be Covered By usaid Include Travel And Per Diem, But Do Not Include Medical Care Costs. to Be Eligible For Medevac Services Covered By The Department Of State Medevac Program, The contractor And Accompanying Eligible Family Members Must Obtain And Maintain International Health insurance Coverage In Accordance With The Clause Of The Contract Entitled, “insurance.” gp 29. Incentive Awards (dec 2019) the Contractor Is Eligible To Receive Certain Monetary And Non-monetary Usaid Incentive Awards In accordance With The Aidar And Usaid Internal Policy. 20 | Page

Details: Description Request For Quotation Mode Of Procurement: Small Value Procurement Date: _____________ Pr No.: _____________ Rfq No.: _____________ Company/business Name: Complete Office Address: Business/mayor’s Permit No: Tin: The Research Institute For Tropical Medicine – Department Of Health, Through Its Bids And Awards Committee (bac), Intends To Procure The Below Mentioned Items Through The Above-mentioned Mode Of Procurement Based On The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. Please Quote Your Best Offer For The Item/s Described Herein, Subject To The Terms And Conditions Provided On This Request For Quotation (rfq). Submit Your Quotation Duly Signed By You, Or Your Duly Authorized Representative Within Five (5) Days Which Shall Be Addressed To The Ritm Bids And Awards Committee. A)the Following Documents Are Required To Be Submitted Along With Your Formal Quotation: Documentary Requirement Remarks Valid And Current Mayor’s/business Permit In Case Not Yet Available, You May Submit Your Expired Mayor’s Or Business Permit With The Official Receipt Of Renewal Application. However, A Copy Of The Latest Mayor’s Or Business Permit Shall Be Required To Be Submitted After Award Of Contract But Before Payment. Valid And Current Certificate Of Platinum Membership With Valid Annex “a” May Be Submitted In Lieu Of The Mayor’s/business Permit Philgeps Registration/membership Bir Form 2303 Company Name Registered In Sec/dti/cda Must Be The Same Registered Name In Bir Form 2303. B)the Following Documents Shall Be Submitted By The Bidder Before The Issuance Of Notice Of Award: Documentary Requirement Remarks Duly Notarized Revised Omnibus Sworn Statement (10 Provisions) With Latest Rules On Notarial Practice Applicable For: Np-svp With Abcs Above P50,000.00 And Np-ec With Abcs Above P500,000.00 Note: Othe Pr # Shall Be Reflected In The Omnibus Sworn Statement Oone (1) Original Copy Must Be Submitted Othe Issuance And Notarial Date Of The Omnibus Sworn Statement Shall Be The Same/after The Issuance And Notarial Date Of The Authority Of The Signatory. Othe Authorized Representative Declared In The Omnibus Sworn Statement Shall Be In Congruent With The Submitted Authority Of The Signatory. Authority Of The Signatory Applicable For: Np-svp With Abcs Above P50,000.00 And Np-ec With Abcs Above P500,000.00 for Sole Proprietorship – Duly Notarized Special Power Of Attorney, If Signatory Is Other Than The Owner for Corporation – Duly Notarized Secretary’s Certificate for Partnership, Cooperative, Or Joint Venture – Duly Notarized Board/partnership Resolution, Whichever Is Applicable Note: Othe Pr # Shall Be Reflected In The Authority Of The Signatory Oone (1) Original Copy Must Be Submitted Othe Issuance And Notarial Date Of The Authority Of The Signatory Shall Be The Same/shall Come First Before The Issuance And Notarial Date Of The Omnibus Sworn Statement. Note: Incomplete Submission Of The Required Documents Will Be A Ground For Disqualification. For Any Clarification, You May Contact Us At The Contact Information Provided: Mae Marie E. Hernandez Bac Secretariat Head (632) 8807-2628 To 32 Loc. 210 And/or 240 E-mail Address: Procurement@ritm.gov.ph / Procurement_02@ritm.gov.ph Website: Www.ritm.gov.ph Instructions: Note: Failure To Follow These Instructions Will Disqualify Your Entire Quotation. (1)do Not Alter The Contents Of This Form In Any Way. (2)the Use Of This Rfq Is Highly Encouraged To Minimize Errors Or Omissions Of The Required Mandatory Provisions. If Another Form Is Used Other Than The Latest Rfq, The Quotation Shall Contain All The Mandatory Requirements/provisions Including Manifestation On The Agreement With The Terms And Conditions Below. (3)all Technical Specifications Must Be Complied With. Failure To Comply With The Mandatory Requirements Shall Render The Quotation Ineligible/disqualified. (4)quotations May Be Submitted Through Electronic Mail At: Procurement@ritm.gov.ph / Procurement_02@ritm.gov.ph. (5)quotations, Including Documentary Requirements, Received After The Deadline Shall Not Be Accepted. For Quotations Submitted Via Electronic Mail, The Date And Time Of Receipt Indicated In The Email Shall Be Considered. Terms And Conditions: bidders Shall Provide Correct And Accurate Information Required In This Form. any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By You Or Any Of Your Duly Authorized Representative/s. price Quotation/s, To Be Denominated In Philippine Peso, Shall Include All Taxes, Duties, And/or Levies Payable – If Applicable. quotations Exceeding The Approved Budget For The Contract Shall Be Rejected. in Case Of Two Or More Bidders Are Determined To Have Submitted The Lowest Calculated Quotation/lowest Calculated And Responsive Quotation, The Ritm-bac Shall Adopt And Employ “draw Lots” As The Tie-breaking Method To Finally Determine The Single Winning Provider In Accordance With Gppb Circular 06-2005. award Of Contract Shall Be Made To The Lowest Quotation Which Complies With The Technical Specifications, Requirements And Other Terms And Conditions Stated Herein. payment Shall Be Made After Delivery And Upon The Submission Of The Required Supporting Documents, I.e., Order Slip And/or Billing Statement, By The Supplier, Contractor, Or Consultant. Our Government Servicing Bank, I.e., The Land Bank Of The Philippines, Shall Credit The Amount Due To The Identified Bank Account Of The Supplier, Contractor, Or Consultant Not Earlier Than Twenty-four (24) Hours, But Not Later Than Forty-eight (48) Hours, Upon Receipt Of Our Advice. Please Note That The Corresponding Bank Transfer Fee, If Any, Shall Be Chargeable To The Account Of The Supplier, Contractor, Or Consultant. liquidated Damages Equivalent To One-tenth Of One Percent (0.1%) Of The Value Of The Goods Not Delivered Within The Prescribed Delivery Period Shall Be Imposed Per Day Of Delay. Ritm May Terminate The Contract Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, Without Prejudice To Other Courses Of Action And Remedies Available To The Procuring Entity. Technical Offer/proposal: After Having Carefully Read And Accepted The Instructions And Terms And Conditions, I/we Submit Our Technical Proposals/quotations For The Item/s As Follows: Item # Qty/ Unit Item Description Supplier’s Compliance (indicate Brand And/or Model, Including Complete Specifications To Be Offered - Applicable) 1 300/tablet Baclofen 10 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3)licenses: A)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 2 100/tablet Clonazepam, 2 Mg, Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 5)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 6)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 7)licenses: B)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 8)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement.. 3 300/tablet Dexamethasone 4 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 9)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 10)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 11)licenses: C)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 12)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 4 200/capsule Diphenhydramine (as Hydrochloride) 50 Mg Capsule General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 13)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 14)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 15)licenses: D)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 16)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 5 5,000/tablet Mefenamic Acid 500 Mg Capsule General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 17)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 18)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 19)licenses: E)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 20)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 6 200/tablet Methylprednisolone 4 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 21)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 22)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 23)licenses: F)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 24)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 7 100/ampule Neostigmine 500 Mcg/ml Solution For Injection (im/iv/sc), 1 Ml Ampule General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 25)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 26)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 27)licenses: G)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 28)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 8 100/bottle Paracetamol 100 Mg/ml Drops, 15 Ml (alcohol‐free) General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 29)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 30)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 31)licenses: H)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 32)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 9 400/bottle Paracetamol, 250mg/5ml, 60ml Syrup (alcohol Free) General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 33)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 34)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 35)licenses: I)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 36)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 10 4,000/tablet Potassium Chloride 600 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 37)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 38)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 39)licenses: J)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 40)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 11 6,000/tablet Prednisone 10mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 41)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 42)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 43)licenses: K)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 44)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 12 500/tablet Sodium Bicarbonate, 650 Mg , Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 45)product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 46)valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 47)licenses: L)for All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 48)copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. Financial Offer/proposal: Please Quote Your Best Offer For The Item/s Below. Please Do Not Leave Any Blank Items. Indicate “0” If Item Being Offered Is For Free: Item # Qty/ Unit Item Description Abc Price Proposal Unit Cost Price Proposal Total Cost 1 300/tablet Baclofen 10 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 4,800.00 2 100/tablet Clonazepam, 2 Mg, Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 1,052.00 3 300/tablet Dexamethasone 4 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 7,200.00 4 200/capsule Diphenhydramine (as Hydrochloride) 50 Mg Capsule General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 700.00 5 5,000/tablet Mefenamic Acid 500 Mg Capsule General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 15,000.00 6 200/tablet Methylprednisolone 4 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 2,000.00 7 100/ampule Neostigmine 500 Mcg/ml Solution For Injection (im/iv/sc), 1 Ml Ampule General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 11,800.00 8 100/bottle Paracetamol 100 Mg/ml Drops, 15 Ml (alcohol‐free) General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 3,125.00 9 400/bottle Paracetamol, 250mg/5ml, 60ml Syrup (alcohol Free) General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 12,500.00 10 4,000/tablet Potassium Chloride 600 Mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 48,000.00 11 6,000/tablet Prednisone 10mg Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 25,500.00 12 500/tablet Sodium Bicarbonate, 650 Mg , Tablet General Conditions And Requirements Which Shall Be Submitted During Submission Of Bids Or During Submission Of Post-qualification Documents, As Part Of The Technical Specifications Of The Project: 1) Product Literature Of The Specific Product Being Offered Indicated In The Bid Proposal; 2) Valid Certification/authorization From The Manufacturer/importer/distributor, That The Bidder Is An Authorized/exclusive Distributor Or Dealer Of The Products/items; 3) Licenses: A) For All Items O Valid And Current Certificate Of Product Registration (cpr) O Valid And Current License To Operate (lto) As Drug Distributor O Valid And Current Lot Release Certificate From Fda (for Vaccines/immunoglobulins/serum) O Valid And Current Certificate Of Gmp From Fda Or From The Manufacturer Issued By The Regulatory Authority Of The Country Of Manufacture 4) Copy Of Returns Policy Should Be Submitted Covering Short And Even Longer Shelf-life For All Items. • Packaging Instruction For All Items: Standard Packaging Of The Manufacturer As Approved By Pfda. • Shelf Life And Replacement: O For Every Delivery, Goods Must Be Fresh Commercial Stock, With A Total Shelf Life Of 24 Months From The Manufacturing Date But Not Less Than 18 Months From The Date Of Delivery O For Medicine With Approved Shorter Shelf Life, Replacement For Fresh Stocks Shall Be Issued When Returned Three (3) Months Before Expiry Date. A Guarantee Letter From The Supplier Shall Be Required As Part Of The Technical Specification Requirement. 1,990.00 Delivery Period: 7 Calendar Days Total Offered Quotation In Words: ______________ In Figures: ______________ Price Validity: ________________ Payment Terms: Thirty (30) Calendar Days Payment Details: Banking Institution: _________________________________________________ Account Number: __________________________________________________ Account Name: _________________________________________________ Branch: _________________________________________________ Note: Only The Actual Amount Of The Accepted Items Shall Be Paid. ___________________________ Signature Over Printed Name Of Authorized Representative ___________________________ Position/designation ___________________________ Office Telephone/fax/mobile Nos. ___________________________ Email Address/es

Details: **this Solicitation Has Been Updated To Reflect Overseas Comparability Pay, As Updated In Aapd 25-02. All Other Information Remains The Same. ** solicitation Number 7200aa25r00012 issuance Date: December 5, 2024 closing Date And Time: January 6, 2025, 1:00 Pm Eastern Standard Time (est) subject: Solicitation For U.s. Personal Service Contractor (uspsc) dear Prospective Offerors: the United States Government (usg), Represented By The U.s. Agency For International development (usaid), Is Seeking Offers From Qualified U.s. Citizens To Provide Personal services As A Country Representative – Senegal (fs-02) Under A Personal Services Contract, As described In The Attached Solicitation. offers Must Be In Accordance With Attachment 1 Of This Solicitation At The Place And Time specified. Incomplete Or Unsigned Offers Will Not Be Considered. Offerors Should Retain Copies Of all Offer Materials For Their Records. usaid Will Evaluate All Offerors Based On The Stated Evaluation Criteria. Usaid Encourages All individuals, Including Those From Disadvantaged And Under-represented Groups, To Respond To The solicitation. offerors Interested In Applying For This Position Must Submit The Following Materials: 1. Complete Resume. In Order To Fully Evaluate Your Offer, Your Resume Must Include: (a) Paid And Non-paid Experience, Job Title, Location(s), Dates Held (month/year), And Hours worked Per Week For Each Position. Dates (month/year) And Locations For All Overseas field Experience Must Also Be Detailed. Any Experience That Does Not Include Dates (month/year), Locations, And Hours Per Week Will Not Be Counted Towards Meeting the Solicitation Requirements. (b) Specific Duties Performed That Fully Detail The Level And Complexity Of The Work. (c) Names And Contact Information (phone And Email) Of Your Current And/or Previous supervisor(s). (d) Education And Any Other Qualifications Including Job-related Training Courses, Job-related skills, Or Job-related Honors, Awards Or Accomplishments. (e) U.s. Citizenship. note: Your Resume Should Contain Explicit Information To Make A Valid Determination That you Fully Meet The Experience Requirements As Stated In This Solicitation This Information 1 | Page should Be Clearly Identified In Your Resume. Failure To Provide Explicit Information To determine Your Qualifications For The Position Will Result In Loss Of Full Consideration. 2. Supplemental Document Specifically Addressing: each Of The Three (3) Evaluation Factors Shown In The Solicitation. Responses Must Be Limited to 500 Words Per Factor. Any Additional Words Above The Limit Will Neither Be Read Nor Scored. note: The Evaluation Factors Are Worth 70 Out Of 100 Points. Offerors Are Required To address Each Of The Evaluation Factors In A Separate Document Describing Specifically And accurately What Experience, Training, Education And/or Awards They Have Received That Are relevant To Each Factor. 3. Uspsc Offeror Information For Personal Services Contracts Form Aid 309-2. Offerors are Required To Complete And Sign The Form. We Are Currently Accepting Electronic signatures On The Aid 309-2 Form. additional Documents Submitted Will Not Be Accepted. Incomplete Or Late Offers Will Not Be considered. Your Complete Resume And The Aid 309-2 Form Must Be Emailed To otijobs@usaid.gov offerors Can Expect To Receive A Confirmation Email When Offer Materials Have Been Received. offerors Should Retain For Their Records Copies Of All Enclosures Which Accompany Their Offers. this Solicitation In No Way Obligates Usaid To Award A Psc Contract, Nor Does It Commit usaid To Pay Any Cost Incurred In The Preparation And Submission Of The Offer. offeror Resources Are Available At Https://otijobs.net/uspsc-application-guidance. Any Questions on This Solicitation May Be Directed To: oti Recruitment Team e-mail Address: Otijobs@usaid.gov website: Www.otijobs.net sincerely, maria Del Carmen Grizzard contracting Officer m/oaa/cps 2 | Page 7200aa25r00012 attachment I i. General Information 1. Solicitation No.: 7200aa25r00012 2. Issuance Date: December 5, 2024 3. Closing Date And Time For Receipt Of Offers: January 6, 2025, 1:00 Pm eastern Time 4. Point Of Contact: Oti Recruitment Team, E-mail At Otijobs@usaid.gov. 5. Position Title: Country Representative 6. Market Value: This Position Has Been Designated At The Fs-02 Equivalent Level, Overseas non-locality Pay ($121,803-$178,873). Final Compensation Will Be Negotiated Within The Listed market Value Based Upon Qualifications, Previous Relevant Experience And Work History, Salary and Educational Background. Salaries Over And Above The Pay Range Will Not Be Entertained or Negotiated. please Be Advised Selectee(s) Will Be Required To Travel To Washington, Dc For Agency onboarding Processing And Badging Regardless Of Place Of Performance. Uspscs With A Home Of record Outside Of The 50 Mile Dc Radius, Per Agency Travel Policy, Will Be Reimbursed For Travel to The Official Usaid Worksite In Washington, Dc. In Order To Be Reimbursed, The Selectee Must have A Travel Authorization (ta) Completed Prior To Traveling. For Uspscs Within The 50 Mile dc Radius, Any Required Travel For The Purpose Of Completing The Onboarding And Badging Process will Be A Personal Expense. Per Agency Regulations, Any Required Travel For Uspscs Within 50 miles From An Employee’s Residence, Duty Station, Or Place Of Performance Will Be A Personal expense. 7. Period Of Performance: One Year, With Four One-year Option Periods. start Date: Within 45 Days Of Receiving Notification That Required Security And Medical clearances Have Been Obtained. 8. Place Of Performance: Senegal overseas Uspscs May Be Authorized To Telework Or Remote Work Only From A Location within The Country Of Performance, In Accordance With Mission Policy. Telework Or 3 | Page remote Work From Outside The Country Of Performance May Only Be Authorized In Certain situations In Accordance With The Terms And Conditions Of The Contract. 9. Eligible Offerors: United States Citizens 10. Security Level Required: Secret 11. Statement Of Duties position Description background usaid’s Office Of Transition Initiatives (oti) Is Seeking Highly Motivated, Highly Qualified individuals Who Want The Opportunity To Help Support Rapid International Transition Programs For priority Conflict-prone Countries. Created In 1994 As A Distinct Operating Unit Within Usaid, Oti helps Local Partners Advance Peace And Democracy In Politically-transitioning Countries. In support Of U.s. Foreign Policy, Oti Seizes Emerging Windows Of Opportunity In The Political landscape To Promote Stability, Peace, And Democracy By Catalyzing Local Initiatives Through adaptive And Agile Programming. countries Experiencing A Significant Political Transition In The Midst Of A Disaster Or Emerging from Civil Conflict Have Unique Needs That Cannot Be Fully Addressed By Traditional Disaster Relief. timely And Effective Assistance To Promote And Consolidate Peaceful, Democratic Advances Can make The Difference Between A Successful Or A Failed Transition. Oti Assists In Securing Peace By aiding Indigenous, Mostly Non-governmental, Civil Society And Media Organizations. Oti Uses such Mechanisms As Support For Re-integration Of Ex-combatants Into Civilian Society; development Of Initiatives To Promote National Reconciliation; Identification Of Quick-impact community Self-help Projects To Meet Urgent Economic Needs; And Aid To Independent Media outlets And Community-based Organizations To Help Promote Informed Debate And Broaden Public participation. to Respond Quickly And Effectively And Meet Its Program Objectives And Mandate Oti Retains A group Of High Level Professionals And Experts Under U.s. Personal Services Contracts (uspscs). these Knowledgeable And Skilled Professionals Make Up The Vast Majority Of The Oti Work Force and Are At Its Forefront Implementing And Achieving The Office’s Programmatic Goals And objectives. There Are Several Benefits That Uspscs May Participate In, Such As Partial reimbursement For Health And Life Insurance Costs, As Well As Full Coverage Of Workers’ compensation, Among Other Benefits. For More Complete Information On Uspsc Benefits, Please see Section Vi Of This Solicitation. oti’s Core Values: agility 4 | Page oti Addresses Complex Political Problems Through Context Analysis, Experimentation, And strategic Resource Use. Applying An Adaptive Mindset In Washington And The Field Accelerates timely Positive Change. political oti Seeks To Understand How Power Is Created, Traded, And Facilitated, Requiring That We acknowledge Our Privilege And The Limits Of Our Power. This Understanding Helps Us Act On Power dynamics And Harness Them For Transformation. accountability oti Exhibits A Sense Of Ownership And Integrity In The Work We Do, And Holds A Sense Of responsibility To Each Other, The Local Partners We Engage, The Policies And Programs We Advance with Our Implementing Partners, And The Taxpayer. curiosity oti’s Mission Demands Learning And Adaptation. Our Relentless Curiosity Drives Us To Wonder about People, Problems, And Possibilities. We Question The Status Quo, Seek To Understand Amid uncertainty, And Treat Mistakes As A Compass Pointing Us Toward More Effective Approaches. diversity & Inclusion oti’s Ability To Achieve Its Mission And Live Out Its Values Is Propelled By Our Collective responsibility To Create A Sense Of Belonging For All In Our Work Environment. Oti Values The diversity Of Each Others’ Authentic Selves, Building A Foundation Of Trust And Respect. courage oti Embraces Our Engagements With One Another, Our Stakeholders, And Our Programs With intentionality And Optimism. Achieving Our Mission Requires That We Take Risks And Tackle difficult Conversations And Decisions. A Courageous Oti Is A Force For Positive Change. oti’s Deia Vision Statement: Oti Is A Collaborative Environment That Represents The Global community At All Levels Of Our Organization. Uniting Diverse Backgrounds And Experiences, We value Individual Expertise To Advance Peace And Democracy Around The World. values And Associated Behaviors That Will Enable This Vision Are: trust ● Model Open Communication, Active Listening And Candor. 5 | Page ● Believe Others When They Share Their Experiences. respect ● A Respectful Attitude Should Be Shown To Everyone. ● Allow For Others To Express Complete Opinion/thoughts Without Interruption, While recognizing That There Are Other Perspectives And Lived Experiences. belonging (accessibility) ● Serve As An Ally To Those Who Feel Excluded (professionally, Socially, Personally, Etc.). ● Promote Togetherness And Acceptance Through Equitable Behavior. empathy ● Listen To Understand, Create Space To Be Real/feel. ● Remind Yourself To Be Conscious Of How Others May Feel Or Receive Your Words self-awareness/accountability ● Supervisors Hold Their Peers To Account On Their Expectations And Behaviors. ● Seek Regular, Constructive Feedback To Understand How Your Words And Actions Affect And influence Others, And How They Are Being Perceived And Interpreted. ● Acknowledge Unconscious Bias And Be Willing To Learn And Change Behavior When confronted/corrected. for More Information About Oti And Its Country Programs Please See: https://www.usaid.gov/stabilization-and-transitions introduction the Oti Country Representative – Senegal Is A Member Of The Conflict Prevention And stabilization (cps)/oti West And Central Africa (wca) Regional Team, Reports To The Oti west And Central Africa Team Lead Or Designee, And Is Based In Senegal. The Incumbent May Be required To Travel Regionally As Necessary. The Country Representative’s Principal Responsibility will Be Development, Oversight And Management Of Cps/oti's Senegal Country Program. The incumbent Will Be Called Upon To Represent Oti’s Mission And Programs To Senior-level government Officials, In-country Visitors, Senior Officials From Other International Organizations, bilateral Donors And Local Government Officials. core Functional Areas Of Responsibility duties And Responsibilities the Work Of The Country Representative Requires Teamwork, The Exercise Of Discretion, Judgment, and Personal Responsibility. As A Member Of A Highly Operational Office, You Are Willing And Able to Perform A Wide Range Of Administrative Functions To Help Ensure Programmatic Success. You have A High Level Of Integrity And Attention To Detail To Ensure The Use Of Oti Systems And 6 | Page procedures To Maintain Effective And Efficient Management Of Funds, Programming, And monitoring And Evaluation. You Are Highly Flexible And Willing To Work Under Conditions Of ongoing Change, And Remain Professional And Respectful Of Colleagues And Authority In A Diverse workforce. You Place A Premium On The Building Of Positive Relationships With Your Respective team In Washington, D.c., Colleagues In The Field, And With Key Stakeholders Both In And Outside of Usaid. You Are Able To Prioritize And Complete Tasks Without Follow-up By The Supervisor, while Also Filling In Gaps As Needed To Ensure The Responsiveness Of The Team. You Are A Strategic thinker, Articulates Innovative Ideas, Presents Solutions, And Are A Positive Role Model For colleagues Both In And Outside Of Oti. You Are Also Committed To Upholding Usaid/oti’s diversity, Equity, Inclusion, And Accessibility’s (deia) Vision And Values As Outlined In The background. under The Direct Supervision Of The Washington-based Cps/oti Regional Team Leader For senegal Or His/her Designee, The Country Representative Will Perform The Following Duties: ● Manage A High-profile Program In A Dynamic Environment And Provide Strategic, programmatic, And Operational Guidance To Oti’s Implementing Partners (contractors and/or Grantees) While Leveraging Critical Local Staff Input, And The Partner’s Role In strategy Co-creation, To Ensure That Activities Are Contributing To Oti’s Program objectives; ● Conceptualize And Design Program Strategies And Objectives In Close Coordination With oti Staff In Washington And In The Field, The Embassy, Host Country Government, implementing Partner Staff And Local Civil Society Actors Based On Political And Context analysis And U.s. Government Policy; Initiate Strategy Reviews As Needed In Line With changes In Context And Policy; ● Analyze, Synthesize And Report On Current Political Developments, Security Concerns, And other Pertinent Information Required To Achieve Oti’s Program Objectives; Monitor Local and Regional Political Developments And Regularly Brief Oti And Partner Staff On Their potential Programmatic Impact; ● Responsible For Managing Program Effectiveness; Ensuring Strategic Accountability; setting Realistic Intended Program Results And Program Achievements By Utilizing Oti’s programming Principles And Processes And Regularly Engaging With The Resources available To Support And Measure Program Effectiveness; ● Articulate Program Strategy, As Well As Communicate And Coordinate Oti’s In-country activities Between Oti And Its Implementing Partners, Usaid, The Embassy And Other donor Organizations; Prepare And Disseminate Programmatic, Financial And Periodic reports To The Usaid Mission, Oti/washington And Other Organizations As Appropriate; ● Serve As Oti’s Primary Liaison With Usaid Mission Personnel, U.s. Embassy Staff, host-country Government Officials, Un Organizations, Indigenous And International non-governmental Organizations (ngos), And Other Stakeholder Organizations. Develop 7 | Page and Maintain Collaborative Relationships To Ensure Close Coordination At The Field Level, identify The Widest Range Of Potential Local Partners And Opportunities, And Achieve maximum Synergy With Other Programs; ● Build, Lead, Supervise, And Motivate A Team Composed Of Uspscs And A Significant number Of Implementing Partner Staff In Senegal. In Close Coordination With The implementing Partner, Continuously Review And Design Staffing Plans To Meet Overall program Objectives. Recruit, Train, Supervise, And Evaluate The Performance Of In-country oti Staff. Maintain Staff Morale In A Difficult Security And Work Environment; ● Provide Recommendations To The Washington-based Contracting Officer Representative (cor) And/or The Regional Team Leader On Implementing Partner Performance, Budgets, contract Modifications, Among Other Partner Related Issues; ● Provide Usaid Concurrence On All Implementing Partner Activities, Including Final approval Of Grantees For Grants Under Contract, In Accordance With The Usaid’s automated Directives System (ads); ● Ensure The Use Of Oti Systems And Procedures To Maintain Effective And Efficient management Of Funds And Programming; ● Ensure That Oti’s Programs And Activities Are Monitored And Evaluated And That Lessons learned Are Applied To Ongoing Or Future Activities; ● Prepare Operational Plans In Collaboration With The U.s. Embassy, Including Logistics And property Use Guidelines, Closeout And Hand-over, Security Procedures, And Contingency and Evacuation Plans; Review And Concur On Oti Program Budgets For Field Operations; ● Ensure That All Oti Field Staff Adhere To In-country Security Guidelines Set By The U.s. embassy Regional Security Officer And Other Organizations Such As The United Nations Or host Government, As Appropriate; Coordinate Closely With Implementing Partner Senior management To Provide Relevant Security Related Information From The Embassy; ● Travel Within The Country/region To Monitor And Assess Political Conditions, And implementing Partner Operational Platforms, Meet With Potential Grantees, Senior host-country Government And Other Program Counterparts, And Develop Recommendations to Respond To Evolving Dynamics; And, ● Serve On Temporary Details Within Oti, Other Usaid Bureaus/offices, Or Other U.s. government (usg) Agencies Under This Scope Of Work For A Period Not To Exceed Six (6) months. Duties Performed While On Detail Must Be Directly Related To The Scope Of Work, but May Not Be Directly Related To Oti Programs Or Activities. Contracting Officer (co) approval Is Required For The Temporary Detail. Any Extension Past The Six (6) Months requires Co Approval. supervisory Relationship: 8 | Page the Country Representative – Senegal Will Report To Oti’s Washington-based Regional Team leader For The West And Central Africa (wca) Or His/her Designee. The Country Representative is Expected To Take Initiative, Act Independently, And Manage His/her Tasks With Minimal supervision. Though This Is A Senior Field-based Position, The Incumbent Is Expected To Actively and Proactively Collaborate With Oti/washington Leadership, And To Fully Utilize, Embrace, And become An Expert On Oti Systems And Processes. Failure To Adequately Perform The Scope Of work Above And/or Failure To Take Direction From The Supervisor May Result In Corrective Actions, including Denial Of Step Or Grade Increases, Extension Of Contract Probationary Periods, performance Improvement Plans, And/or Termination For The Convenience Of Usaid/oti. supervisory Controls: at The Fs-02 Level, The Supervisor Provides Administrative Direction In Terms Of Broadly Defined missions Or Functions. The Incumbent Independently Plans, Designs And Carries Out Projects, studies, And Programs. Results Of The Work Are Considered Technically Authoritative. There Is No higher Level Official Technically Responsible For Administering The Program/project. 12. Physical Demands while In Senegal, The Work Is Generally Sedentary And Does Not Pose Undue Physical Demands. however, The Position May Require Travel Throughout The Country Of Assignment, Which May involve Some Additional Physical Exertion, Including Long Periods Of Standing, Walking Over rough Terrain, Or Carrying Of Moderately Heavy Items (less Than 50 Pounds). 13. Work Environment: while At Post, The Work Is Generally Performed In An Office Environment. However, The Position also Requires Travel Throughout The Region, Which May Additionally Involve Special Safety And/or security Precautions, Wearing Of Protective Equipment, And Exposure To Severe Weather conditions. ii. Minimum Qualifications Required For This Position (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Education And experience Factors Are Considered Not Qualified For The Position. See Detailed Instructions For demonstrating Education/experience Under “submitting An Offer”) education/experience Required: at A Minimum, The Offeror Must Have: (1) A Master’s Degree With Seven (7) Years Of Work Experience; or a Bachelor’s Degree With Nine (9) Years Of Work Experience; or an Associate’s Degree With Ten (10) Years Of Work Experience; 9 | Page or a High School Diploma/equivalent With Eleven (11) Years Of Work Experience; and (2) Six (6) Years Of Project Management Experience With A U.s. Government Foreign affairs Agency, Domestic Or International Assistance Organization, Or Non-governmental organization In Community Development, Economic Development, mediation/arbitration, Conflict Resolution, Democracy And Governance, International law, Political Analysis, And/or Human Rights Activities; (3) Two (2) Years Of Overseas Field Experience (in Person Or Virtual). A Virtual Temporary duty (tdy) Is Defined As Work That Would Have Been Conducted In An Overseas location If Not For The Covid Pandemic; (4) Three (3) Years Of Supervisory Experience With At Least One Direct Report. (5) Demonstrated Experience Using French In A Professional Setting Is Required. iii. Evaluation And Selection Factors (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Education And experience Factors Are Considered Not Qualified For The Position.) the Government May Award A Contract Without Discussions With Offerors In Accordance With far 52.215-1. The Co Reserves The Right At Any Point In The Evaluation Process To Establish a Competitive Range Of Offerors With Whom Negotiations Will Be Conducted Pursuant To far 15.306(c). In Accordance With Far 52.215-1, If The Co Determines That The Number Of offers That Would Otherwise Be In The Competitive Range Exceeds The Number At Which An Efficient competition Can Be Conducted, The Co May Limit The Number Of Offerors In The Competitive Range to The Greatest Number That Will Permit An Efficient Competition Among The Most Highly Rated offers. Far Provisions Of This Solicitation Are Available At https://www.acquisition.gov/browse/index/far. selection Factors: (determines Basic Eligibility For The Position. Offerors Who Do Not Meet All Of The Selection factors Are Considered Not Qualified For The Position.) ● Offeror Is A U.s. Citizen; ● Complete Resume Submitted. See Cover Page For Resume Requirements. Experience That cannot Be Quantified Will Not Be Counted Towards Meeting The Solicitation Requirements; ● Supplemental Document Specifically Addressing How The Candidate Meets Each Of The evaluation Factors Submitted; 10 | Page ● Ability To Obtain A Secret Level Security Clearance (note: Dual Citizens May Be asked To Renounce Second-country Citizenship); ● Ability To Obtain A Department Of State Medical Clearance; ● Satisfactory Verification Of Academic Credentials. a Usaid Secret Level Security Clearance And Department Of State Medical Clearance Are Required prior To Issuance Of The Contract For This Position. note: If A Full Security Investigation Package Is Not Submitted By The Selected Within 30 Days after It Is Requested, The Offer May Be Rescinded. If A Security Clearance Is Not Able To Be Obtained within Four Months After The Selected Submits The Initial Security Clearance Documentation, The offer May Be Rescinded. note: The Selected Must Obtain Department Of State Medical Clearance Within Four Months after Offer Acceptance. If Medical Clearance Is Not Obtained Within This Period, The Offer May Be rescinded. due To Anticipated Program Needs, Individuals Should Be Able To Travel To Post Within 60 Days after A Contract Is Awarded. evaluation Factors: (used To Determine The Competitive Ranking Of Qualified Offerors In Comparison To Other Offerors. the Factors Are Listed In Priority Order From Highest To Least.) offerors Should Cite Specific, Illustrative Examples For Each Factor. Responses Will Be Rated Using the Point System Described Below. Failure To Fully Respond To Each Element Of Each Evaluation factor Will Result In A Reduction Of Points Awarded. Responses Must Be Limited To 500 Words Per factor. Any Additional Words Above The Limit Will Neither Be Read Nor Scored. factor #1 Demonstrated Experience In The Management Of Political Transition, Political reform, Or Similar Programs In High-pressure Environments Such As non-permissive Crisis Or Conflict Zones. factor #2 Demonstrated Experience Developing Strategies For Programs That Will Respond To at Least One Of The Following Problem Sets: Violence Prevention, Post-conflict, political Transition, Democracy-building, And/or Humanitarian Assistance. factor #3 Demonstrated Experience Using Political Analysis To Inform Programming Policy, strategies, And Objectives, Especially In Conflict-prone Environments. basis Of Rating: Offerors Who Clearly Meet The Education/experience Requirements And selection Factors Will Be Further Evaluated Based On Scoring Of The Evaluation Factor Responses. offerors Are Required To Address Each Of The Evaluation Factors In A Separate Document Describing specifically And Accurately What Experience, Training, Education And/or Awards They Have 11 | Page received That Are Relevant To Each Factor. Be Sure To Include Your Name And The Announcement number At The Top Of Each Additional Page. Failure To Specifically Address The Selection And/or evaluation Factors May Result In Your Not Receiving Credit For All Of Your Pertinent Experience, education, Training And/or Awards. the Offeror Rating System Is As Follows: evaluation Factors Have Been Assigned The Following Points: factor #1 – 25 factor #2 – 25 factor #3 – 20 total Possible – 70 Points interview Performance – 30 Points satisfactory Professional Reference Checks – Pass/fail (no Points Assigned) total Possible Points: 100 the Most Qualified Offerors May Be Interviewed, Required To Provide A Writing Sample, And demonstrate An Ability To Operate Commonly Used Office Applications. Oti Will Not Pay For Any expenses Associated With The Interviews. In Addition, Offers (written Materials And Interviews) will Be Evaluated Based On Content As Well As On The Offerors Writing, Presentation, And communication Skills. In The Event That An Offeror Has Fully Demonstrated Their Qualifications And there Are No Other Competitive Offerors, Oti Reserves The Right To Forgo The Interview Process. professional References And Academic Credentials Will Be Evaluated For Offerors Being Considered for Selection. Offerors Must Submit At Least Three (3) Professional References, One (1) Of Which must Be A Current Or Former Supervisor. Oti Reserves The Right To Contact Previous Employers To verify Employment History. If The Offeror Had A Previous Position With Usaid, The Tec And/or co Are Encouraged To Obtain Reference Checks From The Previous Supervisor(s) Or Co(s). See ads 309.3.1.11.a.4 iv. Submitting An Offer offers Must Be Received By The Closing Date And Time At The Address Specified In Section I, Item 3, And Submitted To The Point Of Contact In Section I, Item 4. qualified Offerors Are Required To Submit: 1. Complete Resume. In Order To Fully Evaluate Your Offer, Your Resume Must Include: (a) Paid And Non-paid Experience, Job Title, Location(s), Dates Held (month/year), And Hours worked Per Week For Each Position. Dates (month/year) And Locations For All Overseas field Experience Must Also Be Detailed. Any Experience That Does Not Include Dates 12 | Page (month/year), Locations, And Hours Per Week Will Not Be Counted Towards Meeting the Solicitation Requirements. (b) Specific Duties Performed That Fully Detail The Level And Complexity Of The Work. (c) Names And Contact Information (phone And Email) Of Your Current And/or Previous supervisor(s). (d) Education And Any Other Qualifications Including Job-related Training Courses, Job-related skills, Or Job-related Honors, Awards Or Accomplishments. (e) U.s. Citizenship. your Resume Should Contain Explicit Information To Make A Valid Determination That You fully Meet The Minimum Qualification Requirements As Stated In This Solicitation.this information Should Be Clearly Identified In Your Resume. Failure To Provide Explicit information To Determine Your Qualifications For The Position Will Result In Loss Of Full consideration. 2. Supplemental Document Specifically Addressing: each Of The Three (3) Evaluation Factors Shown In The Solicitation. Responses Must Be Limited to 500 Words Per Factor. Any Additional Words Above The Limit Will Neither Be Read Nor Scored. note: The Evaluation Factors Are Worth 70 Out Of 100 Points. Offerors Are Required To address Each Of The Evaluation Factors In A Separate Document Describing Specifically And accurately What Experience, Training, Education And/or Awards They Have Received That Are relevant To Each Factor. 3. Offeror Information For Personal Services Contracts Form Aid 309-2. Offerors Are required To Complete And Sign The Form. The Form Can Be Found At https://www.usaid.gov/forms. We Are Currently Accepting Electronic Signatures On The aid 309-2 Form. additional Documents Submitted Will Not Be Accepted. to Ensure Consideration Of Offers For The Intended Position, Offers Must Prominently Reference The solicitation Number In The Offer Submission. offeror Resources Are Available At Https://otijobs.net/uspsc-application-guidance. document Submittals via Email: Otijobs@usaid.gov please Note In Your Document Submission Where You Heard About This Position. note Regarding Government Obligations For This Solicitation 13 | Page this Solicitation In No Way Obligates Usaid To Award A Psc Contract, Nor Does It Commit usaid To Pay Any Cost Incurred In The Preparation And Submission Of The Offer. all Qualified Offerors Will Be Considered Regardless Of Age, Race, color, Sex, Creed, National Origin, Lawful Political Affiliation, non-disqualifying Disability, Marital Status, Sexual Orientation, affiliation With An Employee Organization, Or Other Non-merit factor. v. List Of Required Forms Prior To Award once The Contracting Officer (co) Informs The Successful Offeror About Being Selected For A contract Award, The Co Will Provide The Successful Offeror Instructions About How To Complete and Submit The Following Forms. Forms Outlined Below Can Found At Http://www.usaid.gov/forms/ 1. Declaration For Federal Employment (of-306). 2. Medical History And Examination Form (ds-1843). 3. Questionnaire For Sensitive Positions (for National Security) (sf-86), Or Questionnaire for Non-sensitive Positions (sf-85). 4. Finger Print Card (fd-258). vi. Benefits And Allowances as A Matter Of Policy, And As Appropriate, A Uspsc Is Normally Authorized The Following benefits And Allowances: 1. Benefits: a) Employer's Fica Contribution b) Contribution Toward Health & Life Insurance c) Pay Comparability Adjustment d) Annual Increase (pending A Satisfactory Performance Evaluation) e) Eligibility For Worker's Compensation f) Annual And Sick Leave g) Paid Parental Leave h) Relocation Expense Benefit i) 2. Allowances: section Numbers Refer To Rules From The Department Of State Standardized Regulations (government Civilians Foreign Areas), Available At https://aoprals.state.gov/content.asp?content_id=282&menu_id=101 (a) Post Differential Chapter 500 And Tables In Chapter 900. (b) Living Quarters Allowance Section 130. 14 | Page (c) Temporary Lodging Allowance Section 120. (d) Post Allowance Section 220. (e) Supplemental Post Allowance Section 230. (f) Payments During Evacuation Section 600. (g) Education Allowance Section 270. (h) Separate Maintenance Allowance Section 260. (i) Danger Pay Allowance Section 650. (j) Education Travel Section 280. vii. Taxes uspscs Are Required To Pay Federal Income Taxes, Fica, Medicare And Applicable State Income taxes. viii. Usaid Regulations, Policies And Contract Clauses Pertaining to Pscs usaid Regulations And Policies Governing Uspsc Awards Are Available At These Sources: 1. Usaid Acquisition Regulation (aidar), Appendix D, “direct Usaid Contracts with A U.s. Citizen Or A U.s. Resident Alien For Personal Services Abroad,” Including contract Clause “general Provisions,” Available At https://www.usaid.gov/ads/policy/300/aidar. 2. Contract Cover Page Form Aid 309-1 Available At Https://www.usaid.gov/forms. one Base Year Table – Country Representative item no (a) services (description) (b) qty (c) unit (d) unit Price (e) amount (f) 0001 Base Year 1 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ fringe Benefits/other Direct Costs (odcs) award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 15 | Page total Estimated Cost $____ four Option Years Table- Country Representative item no (a) services (description) (b) qty (c) unit (d) unit Price (e) amount (f) 100 1 option Period (op) 1 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 1 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 200 1 op 2 - Compensation award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 2 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 300 1 option Period (op) 3 - Compensation award Type:cost product Service Code: R497 accounting Info: [insert From Phoenix] 1 Lot $____ $____ op 3 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] 400 1 option Period (op) 4 - Compensation award Type: Cost 1 Lot $____ $____ 16 | Page product Service Code: R497 accounting Info: [insert From Phoenix] op 4 - Odcs award Type: Cost product Service Code: R497 accounting Info: [insert From Phoenix] total Estimated Cost [base + Options] $____ 3. Acquisition And Assistance Policy Directives/contract Information Bulletins (aapds/cibs) For Personal Services Contracts With Individuals Available At http://www.usaid.gov/work-usaid/aapds-cibs. 4. Ethical Conduct. By The Acceptance Of A Usaid Personal Services Contract As An individual, The Contractor Will Be Acknowledging Receipt Of The “standards Of Ethical conduct For Employees Of The Executive Branch,” Available From The U.s. Office of Government Ethics, In Accordance With General Provision 2 And 5 Cfr 2635. see Https://www.oge.gov/web/oge.nsf/oge%20regulations aapds And Cibs Contain Changes To Usaid Policy And General Provisions In Usaid regulations And Contracts. Please Refer To Http://www.usaid.gov/work-usaid/aapds-cibs#psc To determine Which Aapds And Cibs Apply To This Contract. 5. Psc Ombudsman The Psc Ombudsman Serves As A Resource For Any Personal Services contractor Who Has Entered Into A Contract With The United States Agency For International development And Is Available To Provide Clarity On Their Specific Contract With The Agency. Please visit Our Page For Additional Information: https://www.usaid.gov/partner-with-us/acquisition-assistance-ombudsman/psc-ombudsman the Psc Ombudsman May Be Contacted Via: Pscombudsman@usaid.gov. 6. Far Provisions Incorporated By Reference 52.204-27 Prohibition On The Bytedance Covered application (date) aapd 06-10 – Psc Medical Expense Payment Responsibility general Provision 28, Medical Expense Payment Responsibility 17 | Page (october 2006) (a) Definitions. Terms Used In This General Provision Are Defined In 16 Fam 116 Available At http://www.state.gov/m/a/dir/regs/fam/16fam/index.htm. Note: Personal Services Contractors Are Not eligible To Participate In The Federal Employees Health Programs. (b) Medical Evacuation (medevac) Services – Please See Attachment 2 To This solicitation For Information On Aapd No. 18-02. (c) When The Contractor Or Eligible Family Member Is Covered By Health Insurance, That Insurance Is the Primary Payer For Medical Services Provided To That Contractor Or Eligible Family Member(s) Both in The United States And Abroad. The Primary Insurer’s Liability Is Determined By The Terms, conditions, Limitations, And Exclusions Of The Insurance Policy. When The Contractor Or Eligible family Member Is Not Covered By Health Insurance, The Contractor Is The Primary Payer For The Total amount Of Medical Costs Incurred And The U.s. Government Has No Payment Obligation (see paragraph (f) Of This Provision). (d) Usaid Serves As A Secondary Payer For Medical Expenses Of The Contractor And Eligible Family members Who Are Covered By Health Insurance, Where The Following Conditions Are Met: (1) The Illness, Injury, Or Medical Condition Giving Rise To The Expense Is Incurred, Caused, Or materially Aggravated While The Eligible Individual Is Stationed Or Assigned Abroad; (2) The Illness, Injury, Or Medical Condition Giving Rise To The Expense Required Or Requires hospitalization And The Expense Is Directly Related To The Treatment Of Such Illness, Injury, Or Medical condition, Including Obstetrical Care; And (3) The Office Of Medical Services (m/med) Or A Foreign Service Medical Provider (fsmp) determines That The Treatment Is Appropriate For, And Directly Related To, The Illness, Injury, Or Medical condition. (e) The Mission Director May, On The Advice Of M/med Or An Fsmp At Post, Authorize Medical Travel for The Contractor Or An Eligible Family Member In Accordance With The General Provision 10, Travel and Transportation Expenses (july 1993), Section (i) Entitled “emergency And Irregular Travel And transportation.” In The Event Of A Medical Emergency, When Time Does Not Permit Consultation, The mission Director May Issue A Travel Authorization Form Or Medical Services Authorization Form ds-3067, Provided That The Fsmp Or Post Medical Advisor (pma) Is Notified As Soon As Possible following Such An Issuance. The Contractor Must Promptly File A Claim With His Or Her Medevac insurance Provider And Repay To Usaid Any Amount The Medevac Insurer Pays For Medical Travel, Up to The Amount Usaid Paid Under This Section. The Contractor Must Repay Usaid For Medical Costs paid By The Medevac Insurer In Accordance With Sections (f) And (g) Below. In Order For Medical travel To Be An Allowable Cost Under General Provision 10, The Contractor Must Provide Usaid written Evidence That Medevac Insurance Does Not Cover These Medical Travel Costs. (f) If The Contractor Or Eligible Family Member Is Not Covered By Primary Health Insurance, The contractor Is The Primary Payer For The Total Amount Of Medical Costs Incurred. In The Event Of A medical Emergency, The Medical And Health Program May Authorize Issuance Of Form Ds-3067, 18 | Page authorization For Medical Services For Employees And/or Dependents, To Secure Admission To A hospital Located Abroad For The Uninsured Contractor Or Eligible Family Member. In That Case, The contractor Will Be Required To Reimburse Usaid In Full For Funds Advanced By Usaid Pursuant To The issuance Of The Authorization. The Contractor May Reimburse Usaid Directly Or Usaid May Offset the Cost From The Contractor’s Invoice Payments Under This Contract, Any Other Contract The Individual has With The U.s. Government, Or Through Any Other Available Debt Collection Mechanism. (g) When Usaid Pays Medical Expenses (e.g., Pursuant To Form Ds-3067, Authorization For medical Services For Employees And/or Dependents), Repayment Must Be Made To Usaid Either By insurance Payment Or Directly By The Contractor, Except For The Amount Of Such Expenses Usaid Is obligated To Pay Under This Provision. The Contracting Officer Will Determine The Repayment Amount in Accordance With The Terms Of This Provision And The Policies And Procedures For Employees contained In 16 Fam 521. When Usaid Pays The Medical Expenses, Including Medical Travel Costs (see Section (e) Above), Of An Individual (either The Contractor Or An Eligible Family Member) Who Is covered By Insurance, That Individual Promptly Must Claim His Or Her Benefits Under Any Applicable insurance Policy Or Policies. As Soon As The Individual Receives The Insurance Payment, The Contractor must Reimburse Usaid For The Full Amount That Usaid Paid On The Individual’s Behalf Or The repayment Amount Determined By The Contracting Officer In Accordance With This Paragraph, whichever Is Less. If An Individual Is Not Covered By Insurance, The Contractor Must Reimburse usaid For The Entire Amount Of All Medical Expenses And Any Travel Costs The Contractor Receives from His/her Medevac Provider. (h) In The Event That The Contractor Or Eligible Family Member Fails To Recover Insurance Payments Or transfer The Amount Of Such Payments To Usaid Within 90 Days, Usaid Will Take Appropriate Action to Collect The Payments Due, Unless Such Failure Is For Reasons Beyond The Control Of The uspsc/dependent. (i) Before Departing Post Or Terminating The Contract, The Contractor Must Settle All Medical Expense and Medical Travel Costs. If The Contractor Is Insured, He Or She Must Provide Proof To The Contracting officer That Those Insurance Claims Have Been Submitted To The Insurance Carrier(s) And Sign A repayment Agreement To Repay To Usaid Any Amounts Paid By The Insurance Carrier(s). 19 | Page attachment Ii title 48 Of The Code Of Federal Regulations (cfr) Chapter 7. usaid Acquisition Regulation (aidar) appendix D – Direct Usaid Contracts With A U.s. Citizen Or A U.s. resident Alien For Personal Services Abroad gp 25. Medical Evacuation (medevac) Services (dec 2019) a Contractor Who Is Required To Relocate Abroad And Accompanying Eligible Family Members; Or A contractor On Official Travel Status Abroad On Temporary Duty Or Training, Will Be Provided Medevac services Through The Department Of State, Bureau Of Medical Services, Similar To That Provided To u.s. Government Employees In 16 Fam 300 Medical Travel. Medevac Costs That Will Be Covered By usaid Include Travel And Per Diem, But Do Not Include Medical Care Costs. to Be Eligible For Medevac Services Covered By The Department Of State Medevac Program, The contractor And Accompanying Eligible Family Members Must Obtain And Maintain International Health insurance Coverage In Accordance With The Clause Of The Contract Entitled, “insurance.” gp 29. Incentive Awards (dec 2019) the Contractor Is Eligible To Receive Certain Monetary And Non-monetary Usaid Incentive Awards In accordance With The Aidar And Usaid Internal Policy. 20 | Page

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/rehabilitation Of Brgy. San Isidro Communal Irrigation System 1. The Local Government Unit Of Irosin, Through The Mdrrmo(5% Calamity Fund) Intends To Apply The Sum Of Six Hundred Eighty Six Thousand Four Hundred Two Pesos (p 686,402.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Hardware/materials For The Improvement/rehabilitation Of Brgy. San Isidro Communal Irrigation System, Good-03-2025. 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/rehabilitation Of Brgy. San Isidro Communal Irrigation System Brief Description: 549.26 Kgs 16mm Diam Rsb/618.28 Kgs 12mm Diam Rsb/20kgs #16 Tie Wire/20 Pcs Hacksaw Blade/58 Pcs ½” Thk. Penolic Board/3000 Bd.ft. Coco Lumber/175 Kgs Assorted Cw Nail/96 Cu.m. Boulder/696 Bags Portland Cement/88 Cu.m. Washed Sand/22 Cu.m. Gravel Pea-size Approved Budget For The Contract : P 686,402.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Mdrrmo(5% Calamity Fund) 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 21, 2025 Until January 28, 2025 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (p 1,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Not Hold A Pre-bid Conference. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before January 28, 2025, 8:59 Am At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On January 28, 2025, 9:00 Am At The Given Address Below At The 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/fritzie Riva L. Michelena Mun. Engineer/mdrrmo Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Publication: January 21, 2025 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & Delivery Of Hardware/materials For The Improvement/rehabilitation Of Brgy. San Isidro Communal Irrigation System With Project Identification Number Good-03-2025. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website. The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Hardware/materials, 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 Mdrrmo(5% Calamity Fund) In The Amount Of Six Hundred Eighty Six Thousand Four Hundred Two Pesos (p 686,402.00). 2.2. The Source Of Funding Is: Six Hundred Eighty Six Thousand Four Hundred Two Pesos (p 686,402.00) 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 Non- Expandable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 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. 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/rehabilitation Of Brgy. San Isidro Communal Irrigation System Brief Description: 549.26 Kgs 16mm Diam Rsb/618.28 Kgs 12mm Diam Rsb/20kgs #16 Tie Wire/20 Pcs Hacksaw Blade/58 Pcs ½” Thk. Penolic Board/3000 Bd.ft. Coco Lumber/175 Kgs Assorted Cw Nail/96 Cu.m. Boulder/696 Bags Portland Cement/88 Cu.m. Washed Sand/22 Cu.m. Gravel Pea-size 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 549.26 Kgs 16mm Diam Rsb/618.28 Kgs 12mm Diam Rsb/20kgs #16 Tie Wire/20 Pcs Hacksaw Blade/58 Pcs ½” Thk. Penolic Board/3000 Bd.ft. Coco Lumber/175 Kgs Assorted Cw Nail/96 Cu.m. Boulder/696 Bags Portland Cement/88 Cu.m. Washed Sand/22 Cu.m. Gravel Pea-size 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 Ninety (90) Calendar Days. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Ninety (90) Calendar Days Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Not Applicable. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Hardware/materials If It Follows The Technical Specification Set By The End-user Unit. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 (e) Tax Clearance For Collection Purposes Technical Documents ⬜ (f) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (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(afs) 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 __________________, 2025 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2025 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2025. 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 ________, 2025 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2025 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2025. 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 Sign Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2025. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Dietary Supplements For Philippine Multisectoral Nutrition Project(pmnp) 1. The Local Government Unit Of Irosin, Through The Trust Fund(pmnp) Intends To Apply The Sum Of Seven Hundred Thirty Nine Thousand Eight Hundred Thirty One Pesos And Fifty Centavos(p 739,831.50) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Dietary Supplements For Philippine Multisectoral Nutrition Project(pmnp), Good-02-2025. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Dietary Supplements For Philippine Multisectoral Nutrition Project(pmnp) Brief Description: 560packs Instant Beef Bulalo With Vegetables 100grms/ 560packs Instant Chicken Arroz Caldo With Vegetables 100grms/ 480packs Instant Chicken Tinola With Malunggay 100grms/ 480packs Instant Champorado 100grms/560packs Chicken Sopas With Vegetables100 Grms/ 480packs Cheese Macaroni Soup 100grms/ 480packs Nutri Oats Sweet Corn 100grms/ 560packs Nutri Mongo And Pasas 100grms/ 560packs Nutricookies Squash 100grms/ 480packs High Protein Biscuits-butter 100grms/ 560packs Nutricookies With Real Strawberries 100grms/ 480packs Vegetables Crackers Malunggay 100grms/ 480packs Nutricookies Lemon 100grms/480 Packs Nutricookines Butter 100grms/ 1350packs Instant Beef Bulalo With Vegetables 60grms/ 1350packs Instant Chicken Arroz Caldo With Vegetables 60grms/ 1350packs Instant Chicken Tinola With Malunggay 6-grms/ 1200packs Instant Champorado 60grms/ 1350packs Ready To Cook Ginataang Monggo With Alugbati 60grms/1200packs Chicken Sopas With Vegetables 60grms/ 1350packs Cheese Macaroni Soup 60grms/ 1200packs Nutri Oats Sweet Corn 60grms/ 4050packs Instant Nutriblend Chocolate 60grms/ 1350packs Nutricookies Squash 60grms/ 1350packs High Protein Biscuits-butter 60grms/ 1350packs Nutricookies With Real Strawberries 60grms/ 1200packs Vegetable Crackers Malunggay 60grms/ 1200packs Nutricookies Lemon 60grms/ 1200packs Nutricookies Butter 60grms Approved Budget For The Contract : P 739,831.50 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : Trust Fund-phic Reimbursement (e-konsulta Package) 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 8, 2025 Until January 15, 2025 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (p 1,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Not Hold A Pre-bid Conference. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before January 15, 1:59 Pm At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On January 15, 2025, 2:00 Pm At The Given Address Below At The 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: Emelyn A. Vidar Mnao Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Publication: January 8, 2025 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & One(1) Unit Dietary Supplements For Philippine Multisectoral Nutrition Project(pmnp) With Project Identification Number Good-02-2025. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website. The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Dietary Supplements, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For Trust Fund Pmnp) In The Amount Of Seven Hundred Thirty Nine Thousand Eight Hundred Thirty One Pesos And Fifty Centavos(p 739,831.50). 2.2. The Source Of Funding Is: Trust Fund(pmnp) 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 Non- Expandable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold Not A Pre-bid Conference. 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 Dietary Supplements For Philippine Multisectoral Nutrition Project(pmnp) Brief Description: 560packs Instant Beef Bulalo With Vegetables 100grms/ 560packs Instant Chicken Arroz Caldo With Vegetables 100grms/ 480packs Instant Chicken Tinola With Malunggay 100grms/ 480packs Instant Champorado 100grms/560packs Chicken Sopas With Vegetables100 Grms/ 480packs Cheese Macaroni Soup 100grms/ 480packs Nutri Oats Sweet Corn 100grms/ 560packs Nutri Mongo And Pasas 100grms/ 560packs Nutricookies Squash 100grms/ 480packs High Protein Biscuits-butter 100grms/ 560packs Nutricookies With Real Strawberries 100grms/ 480packs Vegetables Crackers Malunggay 100grms/ 480packs Nutricookies Lemon 100grms/480 Packs Nutricookines Butter 100grms/ 1350packs Instant Beef Bulalo With Vegetables 60grms/ 1350packs Instant Chicken Arroz Caldo With Vegetables 60grms/ 1350packs Instant Chicken Tinola With Malunggay 6-grms/ 1200packs Instant Champorado 60grms/ 1350packs Ready To Cook Ginataang Monggo With Alugbati 60grms/1200packs Chicken Sopas With Vegetables 60grms/ 1350packs Cheese Macaroni Soup 60grms/ 1200packs Nutri Oats Sweet Corn 60grms/ 4050packs Instant Nutriblend Chocolate 60grms/ 1350packs Nutricookies Squash 60grms/ 1350packs High Protein Biscuits-butter 60grms/ 1350packs Nutricookies With Real Strawberries 60grms/ 1200packs Vegetable Crackers Malunggay 60grms/ 1200packs Nutricookies Lemon 60grms/ 1200packs Nutricookies Butter 60grms 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 Dietary Supplements 560packs Instant Beef Bulalo With Vegetables 100grms/ 560packs Instant Chicken Arroz Caldo With Vegetables 100grms/ 480packs Instant Chicken Tinola With Malunggay 100grms/ 480packs Instant Champorado 100grms/560packs Chicken Sopas With Vegetables100 Grms/ 480packs Cheese Macaroni Soup 100grms/ 480packs Nutri Oats Sweet Corn 100grms/ 560packs Nutri Mongo And Pasas 100grms/ 560packs Nutricookies Squash 100grms/ 480packs High Protein Biscuits-butter 100grms/ 560packs Nutricookies With Real Strawberries 100grms/ 480packs Vegetables Crackers Malunggay 100grms/ 480packs Nutricookies Lemon 100grms/480 Packs Nutricookines Butter 100grms/ 1350packs Instant Beef Bulalo With Vegetables 60grms/ 1350packs Instant Chicken Arroz Caldo With Vegetables 60grms/ 1350packs Instant Chicken Tinola With Malunggay 6-grms/ 1200packs Instant Champorado 60grms/ 1350packs Ready To Cook Ginataang Monggo With Alugbati 60grms/1200packs Chicken Sopas With Vegetables 60grms/ 1350packs Cheese Macaroni Soup 60grms/ 1200packs Nutri Oats Sweet Corn 60grms/ 4050packs Instant Nutriblend Chocolate 60grms/ 1350packs Nutricookies Squash 60grms/ 1350packs High Protein Biscuits-butter 60grms/ 1350packs Nutricookies With Real Strawberries 60grms/ 1200packs Vegetable Crackers Malunggay 60grms/ 1200packs Nutricookies Lemon 60grms/ 1200packs Nutricookies Butter 60grms 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Three(3)months. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Three(3)months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Not Applicable. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Hematology Analyzer To Be Delivered And If It Follows The Technical Specification Set By The End-user Unit. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months 1 Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 Technical Documents ⬜ (e) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement(afs) 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 Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2024 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2024 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2024 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2024. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2024. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor

Details: Description Request For Quotation Mode Of Procurement: Small Value Procurment Date: _____________ Pr No.: _____________ Rfq No.: _____________ Company/business Name: Complete Office Address: Business/mayor’s Permit No: Tin: The Research Institute For Tropical Medicine – Department Of Health, Through Its Bids And Awards Committee (bac), Intends To Procure The Below Mentioned Items Through The Above-mentioned Mode Of Procurement Based On The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184. Please Quote Your Best Offer For The Item/s Described Herein, Subject To The Terms And Conditions Provided On This Request For Quotation (rfq). Submit Your Quotation Duly Signed By You, Or Your Duly Authorized Representative Within Five (5) Days Which Shall Be Addressed To The Ritm Bids And Awards Committee. A)the Following Documents Are Required To Be Submitted Along With Your Formal Quotation: Documentary Requirement Remarks Valid And Current Mayor’s/business Permit In Case Not Yet Available, You May Submit Your Expired Mayor’s Or Business Permit With The Official Receipt Of Renewal Application. However, A Copy Of The Latest Mayor’s Or Business Permit Shall Be Required To Be Submitted After Award Of Contract But Before Payment. Valid And Current Certificate Of Platinum Membership With Valid Annex “a” May Be Submitted In Lieu Of The Mayor’s/business Permit Philgeps Registration/membership Bir Form 2303 Company Name Registered In Sec/dti/cda Must Be The Same Registered Name In Bir Form 2303. Latest Annual Income Tax Return With Complete Set Of Audited Financial Statement Or 6 Months Business Tax Return (2550m/2550q) Applicable For: Dc / Np-svp / Np-ec / Np-scientific, Scholarly Or Artistic Work, Exclusive Technology And Media Services With Abcs Above P500,000.00 Note: The Latest Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission Including Proof Of E Payment Details (bank And Bir). B)the Following Documents Shall Be Submitted By The Bidder Before The Issuance Of Notice Of Award: Documentary Requirement Remarks Duly Notarized Revised Omnibus Sworn Statement (10 Provisions) With Latest Rules On Notarial Practice Applicable For: Np-svp With Abcs Above P50,000.00 And Np-ec With Abcs Above P500,000.00 Note: Othe Pr # Shall Be Reflected In The Omnibus Sworn Statement Oone (1) Original Copy Must Be Submitted Othe Issuance And Notarial Date Of The Omnibus Sworn Statement Shall Be The Same/after The Issuance And Notarial Date Of The Authority Of The Signatory. Othe Authorized Representative Declared In The Omnibus Sworn Statement Shall Be In Congruent With The Submitted Authority Of The Signatory. Authority Of The Signatory Applicable For: Np-svp With Abcs Above P50,000.00 And Np-ec With Abcs Above P500,000.00 for Sole Proprietorship – Duly Notarized Special Power Of Attorney, If Signatory Is Other Than The Owner for Corporation – Duly Notarized Secretary’s Certificate for Partnership, Cooperative, Or Joint Venture – Duly Notarized Board/partnership Resolution, Whichever Is Applicable Note: Othe Pr # Shall Be Reflected In The Authority Of The Signatory Oone (1) Original Copy Must Be Submitted Othe Issuance And Notarial Date Of The Authority Of The Signatory Shall Be The Same/shall Come First Before The Issuance And Notarial Date Of The Omnibus Sworn Statement. Note: Incomplete Submission Of The Required Documents Will Be A Ground For Disqualification. For Any Clarification, You May Contact Us At The Contact Information Provided: Mae Marie E. Hernandez Bac Secretariat Head (632) 8807-2628 To 32 Loc. 210 And/or 240 E-mail Address: Procurement@ritm.gov.ph / Procurement_02@ritm.gov.ph Website: Www.ritm.gov.ph Instructions: Note: Failure To Follow These Instructions Will Disqualify Your Entire Quotation. (1)do Not Alter The Contents Of This Form In Any Way. (2)the Use Of This Rfq Is Highly Encouraged To Minimize Errors Or Omissions Of The Required Mandatory Provisions. If Another Form Is Used Other Than The Latest Rfq, The Quotation Shall Contain All The Mandatory Requirements/provisions Including Manifestation On The Agreement With The Terms And Conditions Below. (3)all Technical Specifications Must Be Complied With. Failure To Comply With The Mandatory Requirements Shall Render The Quotation Ineligible/disqualified. (4)quotations May Be Submitted Through Electronic Mail At: Procurement@ritm.gov.ph / Procurement_02@ritm.gov.ph. (5)quotations, Including Documentary Requirements, Received After The Deadline Shall Not Be Accepted. For Quotations Submitted Via Electronic Mail, The Date And Time Of Receipt Indicated In The Email Shall Be Considered. Terms And Conditions: bidders Shall Provide Correct And Accurate Information Required In This Form. any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By You Or Any Of Your Duly Authorized Representative/s. price Quotation/s, To Be Denominated In Philippine Peso, Shall Include All Taxes, Duties, And/or Levies Payable – If Applicable. quotations Exceeding The Approved Budget For The Contract Shall Be Rejected. in Case Of Two Or More Bidders Are Determined To Have Submitted The Lowest Calculated Quotation/lowest Calculated And Responsive Quotation, The Ritm-bac Shall Adopt And Employ “draw Lots” As The Tie-breaking Method To Finally Determine The Single Winning Provider In Accordance With Gppb Circular 06-2005. award Of Contract Shall Be Made To The Lowest Quotation Which Complies With The Technical Specifications, Requirements And Other Terms And Conditions Stated Herein. payment Shall Be Made After Delivery And Upon The Submission Of The Required Supporting Documents, I.e., Order Slip And/or Billing Statement, By The Supplier, Contractor, Or Consultant. Our Government Servicing Bank, I.e., The Land Bank Of The Philippines, Shall Credit The Amount Due To The Identified Bank Account Of The Supplier, Contractor, Or Consultant Not Earlier Than Twenty-four (24) Hours, But Not Later Than Forty-eight (48) Hours, Upon Receipt Of Our Advice. Please Note That The Corresponding Bank Transfer Fee, If Any, Shall Be Chargeable To The Account Of The Supplier, Contractor, Or Consultant. liquidated Damages Equivalent To One-tenth Of One Percent (0.1%) Of The Value Of The Goods Not Delivered Within The Prescribed Delivery Period Shall Be Imposed Per Day Of Delay. Ritm May Terminate The Contract Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, Without Prejudice To Other Courses Of Action And Remedies Available To The Procuring Entity. Technical Offer/proposal: After Having Carefully Read And Accepted The Instructions And Terms And Conditions, I/we Submit Our Technical Proposals/quotations For The Item/s As Follows: Item # Qty/ Unit Item Description Supplier’s Compliance (indicate Brand And/or Model, Including Complete Specifications To Be Offered - Applicable) 1 9/cartridge Antibiotic Disk, Polymixin B 300 Units, 6-millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge General Requirements: Expiry Date/shelf Life - At Least One (1) Year Or More Upon The Date Of Delivery. *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 2 9/cartridge Antimicrobial Disk , Erythromycin 15 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 3 8/cartridge Antimicrobial Disk, Amikacin 30mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4 5/cartridge Antimicrobial Disk, Cefinase Disk Or Beta-lactamase, 6 Mm, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: At Least Six (6) Months From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 5 14/cartridge Antimicrobial Disk, Cefixime 5mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: At Least Six (6) Months From The Date Of The Actual Delivery. *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6 4/cartridge Antimicrobial Disk, Doxycycline 30 Mcg, 6 Mm Diameter, Sterile With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 7 8/cartridge Antimicrobial Disk, Amoxicillin/clavulanic, 20/10ug, 6millimeter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 8 22/cartridge Antimicrobial Disk, Ampicillin / Sulbactam 10/10 Microgram, 6 Millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 9 9/cartridge Antimicrobial Disk, Ampicillin, 10 Microgram, 6 Millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 10 15/cartridge Antimicrobial Disk, Azithromycin 15mcg, 6 Millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 11 8/cartridge Antimicrobial Disk, Aztreonam 30mcg, 6millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 12 5/cartidge/vial Antimicrobial Disk, Blank, Sterile, With Individual Wrap With Desiccant, 6-millimeterdiameter, 50 Disks/vial Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 13 6/cartridge Antimicrobial Disk, Cefaclor 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 14 7/cartridge Antimicrobial Disk, Cefamandole 30mcg, 6 Milli, Sterile , 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 15 8/cartridge Antimicrobial Disk, Cefepime 30 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 16 21/cartridge Antimicrobial Disk, Cefotaxime 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Years From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 17 8/cartridge Antimicrobial Disk, Cefoxitin 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 18 8/cartridge Antimicrobial Disk, Ceftazidime 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 19 15/cartridge Antimicrobial Disk, Ceftriaxone 30microgram, 6 Millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 20 4/cartridge Antimicrobial Disk, Cephalothin 30mcg, 6milli, Sterile, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 21 8/cartridge Antimicrobial Disk, Chloramphenicol 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 22 15/cartridge Antimicrobial Disk, Ciprofloxacin 5 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk / Cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 23 17/cartridge Antimicrobial Disk, Clarithromycin 15mcg, 6 Milli, Sterile, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 24 14/cartridge Antimicrobial Disk, Clindamycin 2 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 25 14/cartridge Antimicrobial Disk, Colistin 10mcg, 6 Milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge. Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 26 7/cartridge Antimicrobial Disk, Cotrimoxazole 1.25/23.75mcg, 6milli, Sterile, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 27 21/cartridge Antimicrobial Disk, Doripenem 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 28 9/cartridge Antimicrobial Disk, Ertapenem 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 29 8/cartridge Antimicrobial Disk, Gentamicin 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 30 5/cartridge Antimicrobial Disk, High-level Gentamicin 120mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 31 5/cartridge Antimicrobial Disk, High-level Streptomycin 300mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 32 18/cartridge Antimicrobial Disk, Imipenem 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 33 14/cartridge Antimicrobial Disk, Levofloxacin 5 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 34 4/cartridge Antimicrobial Disk, Nalidixic Acid 30 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 35 12/cartridge Antimicrobial Disk, Piperacillin / Tazobactam 100 / 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 36 5/cartridge Antimicrobial Disk, Spectinomycin 100 Microgram, 6-millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 37 4/cartridge Antimicrobial Disk, Tetracycline 30 Micrograms, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 38 15/pack Applicator Stick, Wooden With Cotton Tip, Non-sterile (100pieces/pack) General Requirements: • Product Brochure/product Information (if Applicable) 39 1/box Applicator Stick, Wooden, Non-sterile (1000pieces/box) General Requirements: • Product Brochure/product Information (if Applicable) 40 26/pack Applicator Stick, Wooden With Cotton Tip, Sterile, 100 Pieces/pack General Requirements: Product Brochure/product Information (if Applicable) 41 14/cartridge Differentiation Disk, Bacitracin, 0.04 Units, 6mm Diameter, Sterile, And Desiccant, 50 Disks/vial *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 42 29/cartridge Differentiation Disk, Optochin / Ethyl Hydrocupreine Hydrochloride, 6-mm Disk, Sterile, 50 Disk/cartridge Or Vial *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 43 25/cartridge Impregnated Paper Disc , (v) Factor, 6mm Diameter, Sterile, 50 Disks/cartridge Expiry Date/shelf Life - At Least Six (6) Months Upon Date Of Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. • Product Brochure/product Information (if Applicable) 44 25/cartridge Impregnated Paper Disc, (x) Factor, Discs For Detection Of Haemophilus Spp., 1cartridge/pack, 50discs/cartridge *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. General Requirements: Expiry Date/shelf Life - At Least Six (6) Months Upon Date Of Delivery General Requirements: • Product Brochure/product Information (if Applicable) 45 25/cartridge Impregnated Paper Disc, Xv Factor, 6millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disks/cartridge Expiry Date/shelf Life - At Least Six (6) Months Upon Date Of Delivery. *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable General Requirements: • Product Brochure/product Information (if Applicable) 46 12/roll Indicator, Moist Steam Sterilization, Chemical Tape, Lead-free, Latex-free (conforms To Ansi / Aamii / Iso 11140-1:2005 Or Equivalent) Size 1 Inch X 50 Meters Or Longer, Roll *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. General Requirements: • Product Brochure/product Information (if Applicable) 47 7/box Microplate, Pcr, 96-well, 250 Ul, Semi-skirted, Pcr Clean, Colorless, 25 Pieces/box *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 48 1/cartridge O-nitrophenyl, Beta-d-galactopyranoside, Onpg, 6-mm Disk, Sterile, 50 Disks/vial Or Cartridge *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. General Requirements: • Product Brochure/product Information (if Applicable) 49 19/pack Sealer, Aluminum, Natural, Unlined, Center Tear-out, Autoclavable, 13mm Od, 1000 Pieces/pack 50 7/pack Stopper, For Lyophilization, Butyl Rubber, Autoclavable, 13mm Od, 2-legged, 1000 Pieces/pack General Requirements: • Product Brochure/product Information (if Applicable) Financial Offer/proposal: Please Quote Your Best Offer For The Item/s Below. Please Do Not Leave Any Blank Items. Indicate “0” If Item Being Offered Is For Free: Item # Qty/ Unit Item Description Abc Price Proposal Unit Cost Price Proposal Total Cost 1 9/cartridge Antibiotic Disk, Polymixin B 300 Units, 6-millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge General Requirements: Expiry Date/shelf Life - At Least One (1) Year Or More Upon The Date Of Delivery. *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 1,980.00 2 9/cartridge Antimicrobial Disk , Erythromycin 15 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 2,970.00 3 8/cartridge Antimicrobial Disk, Amikacin 30mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,400.00 4 5/cartridge Antimicrobial Disk, Cefinase Disk Or Beta-lactamase, 6 Mm, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: At Least Six (6) Months From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 12,500.00 5 14/cartridge Antimicrobial Disk, Cefixime 5mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: At Least Six (6) Months From The Date Of The Actual Delivery. *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,300.00 6 4/cartridge Antimicrobial Disk, Doxycycline 30 Mcg, 6 Mm Diameter, Sterile With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 924.00 7 8/cartridge Antimicrobial Disk, Amoxicillin/clavulanic, 20/10ug, 6millimeter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,400.00 8 22/cartridge Antimicrobial Disk, Ampicillin / Sulbactam 10/10 Microgram, 6 Millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 4,840.00 9 9/cartridge Antimicrobial Disk, Ampicillin, 10 Microgram, 6 Millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 2,079.00 10 15/cartridge Antimicrobial Disk, Azithromycin 15mcg, 6 Millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,750.00 11 8/cartridge Antimicrobial Disk, Aztreonam 30mcg, 6millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 4,400.00 12 5/cartidge/vial Antimicrobial Disk, Blank, Sterile, With Individual Wrap With Desiccant, 6-millimeterdiameter, 50 Disks/vial Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 1,778.60 13 6/cartridge Antimicrobial Disk, Cefaclor 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 1,980.00 14 7/cartridge Antimicrobial Disk, Cefamandole 30mcg, 6 Milli, Sterile , 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 2,789.36 15 8/cartridge Antimicrobial Disk, Cefepime 30 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,400.00 16 21/cartridge Antimicrobial Disk, Cefotaxime 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Years From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 11,550.00 17 8/cartridge Antimicrobial Disk, Cefoxitin 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,400.00 18 8/cartridge Antimicrobial Disk, Ceftazidime 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,400.00 19 15/cartridge Antimicrobial Disk, Ceftriaxone 30microgram, 6 Millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,750.00 20 4/cartridge Antimicrobial Disk, Cephalothin 30mcg, 6milli, Sterile, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 880.00 21 8/cartridge Antimicrobial Disk, Chloramphenicol 30 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,400.00 22 15/cartridge Antimicrobial Disk, Ciprofloxacin 5 Microgram, 6-millimeter Diameter, Sterile, Individual Wrap With Desiccant, 50 Disk / Cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,750.00 23 17/cartridge Antimicrobial Disk, Clarithromycin 15mcg, 6 Milli, Sterile, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 6,774.16 24 14/cartridge Antimicrobial Disk, Clindamycin 2 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 4,620.00 25 14/cartridge Antimicrobial Disk, Colistin 10mcg, 6 Milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge. Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 4,200.00 26 7/cartridge Antimicrobial Disk, Cotrimoxazole 1.25/23.75mcg, 6milli, Sterile, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 1,495.76 27 21/cartridge Antimicrobial Disk, Doripenem 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,930.00 28 9/cartridge Antimicrobial Disk, Ertapenem 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,804.00 29 8/cartridge Antimicrobial Disk, Gentamicin 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 2,640.00 30 5/cartridge Antimicrobial Disk, High-level Gentamicin 120mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 1,100.00 31 5/cartridge Antimicrobial Disk, High-level Streptomycin 300mcg, 6milli, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 1,100.00 32 18/cartridge Antimicrobial Disk, Imipenem 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 5,940.00 33 14/cartridge Antimicrobial Disk, Levofloxacin 5 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,216.00 34 4/cartridge Antimicrobial Disk, Nalidixic Acid 30 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 1,800.00 35 12/cartridge Antimicrobial Disk, Piperacillin / Tazobactam 100 / 10 Microgram, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End User Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 6,600.00 36 5/cartridge Antimicrobial Disk, Spectinomycin 100 Microgram, 6-millimeter Diameter, Sterile, Individually Wrapped With Desiccant, 50 Disks/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable 15,301.00 37 4/cartridge Antimicrobial Disk, Tetracycline 30 Micrograms, 6-millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disk/cartridge Expiration Date: Shall Not Be Less Than One (1) Year From The Date Of The Actual Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 2,160.00 38 15/pack Applicator Stick, Wooden With Cotton Tip, Non-sterile (100pieces/pack) General Requirements: • Product Brochure/product Information (if Applicable) 3,118.50 39 1/box Applicator Stick, Wooden, Non-sterile (1000pieces/box) General Requirements: • Product Brochure/product Information (if Applicable) 400.00 40 26/pack Applicator Stick, Wooden With Cotton Tip, Sterile, 100 Pieces/pack General Requirements: Product Brochure/product Information (if Applicable) 6,500.00 41 14/cartridge Differentiation Disk, Bacitracin, 0.04 Units, 6mm Diameter, Sterile, And Desiccant, 50 Disks/vial *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 14,399.00 42 29/cartridge Differentiation Disk, Optochin / Ethyl Hydrocupreine Hydrochloride, 6-mm Disk, Sterile, 50 Disk/cartridge Or Vial *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 36,540.00 43 25/cartridge Impregnated Paper Disc , (v) Factor, 6mm Diameter, Sterile, 50 Disks/cartridge Expiry Date/shelf Life - At Least Six (6) Months Upon Date Of Delivery *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. • Product Brochure/product Information (if Applicable) 41,250.00 44 25/cartridge Impregnated Paper Disc, (x) Factor, Discs For Detection Of Haemophilus Spp., 1cartridge/pack, 50discs/cartridge *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. General Requirements: Expiry Date/shelf Life - At Least Six (6) Months Upon Date Of Delivery General Requirements: • Product Brochure/product Information (if Applicable) 27,225.00 45 25/cartridge Impregnated Paper Disc, Xv Factor, 6millimeter Diameter, Sterile, With Individual Wrap And Desiccant, 50 Disks/cartridge Expiry Date/shelf Life - At Least Six (6) Months Upon Date Of Delivery. *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable General Requirements: • Product Brochure/product Information (if Applicable) 41,250.00 46 12/roll Indicator, Moist Steam Sterilization, Chemical Tape, Lead-free, Latex-free (conforms To Ansi / Aamii / Iso 11140-1:2005 Or Equivalent) Size 1 Inch X 50 Meters Or Longer, Roll *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. General Requirements: • Product Brochure/product Information (if Applicable) 7,920.00 47 7/box Microplate, Pcr, 96-well, 250 Ul, Semi-skirted, Pcr Clean, Colorless, 25 Pieces/box *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. 145,530.00 48 1/cartridge O-nitrophenyl, Beta-d-galactopyranoside, Onpg, 6-mm Disk, Sterile, 50 Disks/vial Or Cartridge *item Should Have Passed The Evaluation Result, Quality Assessment, And Quality Validation/verification Of The End-user Or Should Have Met The Acceptability Criteria Necessary For Laboratory Inter-comparability Of Results, Whichever Is Applicable. General Requirements: • Product Brochure/product Information (if Applicable) 808.50 49 19/pack Sealer, Aluminum, Natural, Unlined, Center Tear-out, Autoclavable, 13mm Od, 1000 Pieces/pack 83,600.00 50 7/pack Stopper, For Lyophilization, Butyl Rubber, Autoclavable, 13mm Od, 2-legged, 1000 Pieces/pack General Requirements: • Product Brochure/product Information (if Applicable) 46,200.00 Delivery Period: Thirty (30) Calendar Days Total Offered Quotation In Words: ______________ In Figures: ______________ Price Validity: ________________ Payment Terms: Thirty (30) Calendar Days Payment Details: Banking Institution: _________________________________________________ Account Number: __________________________________________________ Account Name: _________________________________________________ Branch: _________________________________________________ Note: Only The Actual Amount Of The Accepted Items Shall Be Paid. ___________________________ Signature Over Printed Name Of Authorized Representative ___________________________ Position/designation ___________________________ Office Telephone/fax/mobile Nos. ___________________________ Email Address/es

Details: Description Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Concreting Of Farm To Market Road Barangay Magtaon, Mapanas Northern Samar Contract Reference No. 2025-01-01 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: Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The Lgsf-sbdp Of Fy 2024 Intends To Apply The Sum Of Four Million Nine Hundred Ninety Nine Thousand Eight Hundred Eighty Nine Pesos 04/100 Only (p4,999,889.04) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 100(1) Cleaning & Grubbing 0.08 Ha 101(1)d Removal Of Concrete Excavation 5.40 Cu.m 102(2)b Surplus Common Excavation 1087.52 Cu.m. 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 231.50 Cu.m. 201(1) Aggregate Base Course 288.20 Cu.m. Part E Surface Courses 311(1)a2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1200.00 Sq.m. Part F Drainage Canal 404(1)a Reinforcing Steel Guide 40 2,578.75 Kg. 405(1)a1 Structural Concrete 20.68mpa, Class A, 7 Days 36.47 Cu.m Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 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- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, N. Samar B.5 Projects Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 I.s B.9 Mobilization And Demobilization 1.00 I.s. Part C Earthworks 100(1) Clearing & Grubbing 0.08 Ha. 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m. 102(2)b Surplus Common Excavation 1087.52 Cu.m. 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. Part D 200(1) Aggregate Subbase Course 231.50 Cu.m. 201(1) Aggregate Base Course 288.00 Cu.m. Part E 311(1)a2 Pcc Pavement (plain)-conventional Method 200mm Thk. 1200.00 Sq.m. Part F Drainage Structures 404(1)a Reinforcing Steel, Grade 40 2,578.75 Kg. 405(1)a1 Structural Concrete, 20 68mpa, Class A, 7 Days 36.47 Cu.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In 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 Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas N. Samar The Identification Number Of The Contract Is Pr No-2025-01-01_ 2 The Funding Source Is: Lgsf-sbdp For Fy 2024. The Name Of The Project Is: Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas N. Samar. 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 10, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php4,999,889.04 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 60 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 99,997.78 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P249,994.45 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 90 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas Northern Samar B.5 Project Billboard/sign Board 1.00 Each Each B.7(2) Occupational Safety And Health Program 1.00 I.s. Is B.9 Mobilization/demobilization 1.00 I.s. Is Part C Earthworks 100(1) Clearing & Grubbing 0.08 Ha. 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m 102(2)b Surplus Common Excavation 1087.52 Cu.m Cu.m. 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. Cu.m. 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 231.50 Cu.m Cu.m. 201(1) Aggregate Base Course 288.00 Cu.m. Cu.m. Part E Surface Courses 311(1)a2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1200.00 Sq.m. Sq.m. Part F Drainage Structures 404(1) A Reinforcing Steel, Grade 40 2,578.75 Kg. 405(1)a1 Structural Concrete, 20.68mpa Class A, 7 Days 36.47 Cu.m. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Concreting Of Farm To Market Road Location : Brgy. Magtaon, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 A. 2 Material A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Common Nails Assorted 0.50 Kg B.7(2) Occupational Safety And Health Program A. Safety Practitioner (part Time) 23.00 1 B. B. Health Personnel (full Time) 90.00 1 C. Equipment D. A. Safety Shoes 159.00 Man-day E. B. Safety Helmet 159.00 Man-day F. C. Safety/working Gloves 159.00 Man-day G. D. Safety/working Gloves 159.00 Man-day H. E. Rubber Boots 159.00 Man-day F. Rain Coats (30% Of The Duration) Optional 48.00 Man-day Equipment A.dumptruck (12 Cu. Yd.) 16.00 2 B.payloader (1.5 Cu.m.).lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/do 16.00 1 E. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 100(1) Clearing & Grubbing 0.08 Ha. A. 1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 1.00 2 B. Payloader (1.5 Cu.m.) 1.00 1 C. Bulldozer, D6h Series Ii Psds/ 1.00 1 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 1 C. Unskilled Laborer 1.00 2 Equipment A. Backhoe W/ Breaker (0.80 Cu.m) 0.50 1 B. Backhoe (0.80 Cu.m.)-for Loading 0.25 1 C. Dump Truck (12 Cu. Yd.) 0.50 1 D.cutting Outfit 1.00 1 102(2)b Surplus Common Excavation 1,087.52 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.50 Cu.m.), Lx80-2c 1.00 1 C. Pay Loader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.0 3 E.back Hoe (0.80 Cu.m) 1.00 1 104(1) A Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. Labor A.construction Foreman 0.83 1 B.unskilled Laborer 0.83 2 Spreading & Compaction A.construction Foreman 1.00 1 B.unskilled Laborer 1.00 2 Equipment A.bulldozer, Dh6 Series Ii Psds/dd 0.83 1 B.payloader (1.50 Cu.m.), Lx80-2c 0.83 1 C.dump Truck (12 Cu.yd.) 2 Spreading & Compaction: A.motorized Road Grader (140 Hp) G710a 1.00 1 B.vibratory Roller (10m.l.), Sd100dc 1.00 1 C.water Truck/pump (16000 L) 0.25 1 105(1) Subgrade Preparation (common Material) 1,440.00 Sq.m. Labor A.construction Foreman 1.00 1 B.unskilled Laborer 1.00 2 Equipment A.motorized Road Grader, G710a 1.00 1 B.vibratory Roller (10 M.t), Sd100c 1.00 1 C.water Truck/pump (16000 L) 0.25 1 201(1) Aggregate Base Course Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd 1.00 1 C.water Truck/pump (16000 L) 0.25 1 Materials A.aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 311(1)a.2 Pcc Pavement (palin)-conventional Method, 200mm Thk. 1,200.00 Sq.m. Labor A.construction Foreman 1.00 1 B.skilled Laborer 1.00 4 C.unskilled Laborer 1.00 12 Equipment A.transit Mixer (5-6 Cu.yd) 1.00 4 B.concrete Vibrator 1.00 2 C.concrete Batch (30 Cu.m.) 1.00 1 D.payloader (1.50 Cu.m)lx80-2c 1.00 1 E.concrete Screeder (5.5 Hp) 1.00 1 F.water Truck/pump (16000l) 1.00 1 G.concrete Saw, Blade 0/ 14” (7.5 Hp) 1.00 1 H.bar Cutter, Single Phase 0.10 1 I.joint Sealer Machine 0.25 1 Materials A.reinforcing Steel Bar, Grade 40 0.39 Kg. B.curing Compound 0.29 Lit C.asphalt Sealant 0.12 Lit. D.steel Forms (rental) 0.46 I.m. E.sand 0.1100 Cu.m F.gravel 0.20 Cu.m G.portland Cement Type 1 1.90 Bag H.concrete Saw (diamond Blade 14”) 0.00015 Pc I.pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. 404(1)a Reinforcing Steel, Grade 40 2,578.75 Kg. Labor A.construction Foreman 1.00 1 B.skilled Laborer 1.00 2 C.unskilled Laborer 8.00 1 Equipment A.bar Cutter 0.50 1 B.bar Bender 0.50 1 C. Cargo Truck (9-10ml) 0.15 1 405(1)a1 Labor A.construction Foreman 1.00 1 B.skilled Laborer 1.00 4 D. Unskilled Worker 1.00 8 Installation & Removal Of Form Works/false Work A. Skilled Laborer 1.00 4 B. Unskilled Laborer 1.00 8 Equipment A. One Bagger Mixer 1.00 1 B. Concrete Vibrator 1.00 1 C. Water Truck (16000 L) 0.10 1 Materials A.lumber, Good- 4 Uses 70 Bd.ft. B. Plywood (1/2’ X 4’ X 8’) 1.60 Pc. C. Assorted Cwn (1 Kg/100 Bd. Ft. Of Lumber) 0.70 Kg. D. Portland Cement 9.50 Bags E. Sand 0.50 Cu.m. F. Gravel 1.00 Cu.m. G. Curing Compound 1.00 Lit. H. Concrete Admixture Accelerator 1.00 Lit I.gravel Bedding 0.091 Cu.m. J. Pvc Pipe (76 Mm D) 0.13 Pc. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount 1.) Concreting Of Farm To Market Road, Brgy. Magtaon, Mapanas, N. Samar B.5 Project Billboard/signboard 1.00 Each 10,959.69 10,959.69 B.7 (2) Occupational Safety And Health Program 1.00 I.s. 77,257.97 77,257.97 B.9 Mobilization/demobilization 1.00 I.s. 38,981.41 38,981.41 Part C Earthworks 100(1) Clearing & Grubbing 0.08 Ha. 220,840.18 17,313.87 101(1)d Removal Of Concrete Drainage Structures 5.40 Cu.m. 1,909.79 10,312.87 102(2)b Surplus Common Excavation 1087.52 Cu.m. 204.24 222,115.08 104(1)a Embankment From Roadway Excavation (common Soil) 226.00 Cu.m. 310.07 70,075.82 105(1) Subgrade Preparation (common Material) 1440.00 Sq.m. 21.14 30,441.60 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 231.50 Cu.m. 1,632.38 377,895.98 201(1) Aggregate Base Course 226.20 Cu.m. 2,843.65 818,971.20 Part E 311(1)a2 Pcc Pavement (plain) Conventional Method, 200mm Thk 1200.00 Sq.m. 2,160.51 2,592,612.00 Part F Drainage Structures 404(1)a Reinforcing Steel, Grade 40 2,578.75 Kg. 98.12 253,027.15 405(1)a1 Structural Concrete, 220.68mpa.class A, 7 Days 36.47 Cu.m. 13,160.44 479,924.40 Total 4,999,889.04 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 Concreting Of Farm To Market Road , Barangay Magtaon , 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 Bidding Documents Procurement Of Infrastructure Projects Name Of Project: Concreting Of Farm-to-market Road At Brgy. San Jose Barangay San Jose, Mapanas Northern Samar Contract Reference No. 2025-01-02 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: Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar The Lgu- Mapanas, Northern Samar, Through The Lgsf-sbdp Of Fy 2024 Intends To Apply The Sum Of Four Million Nine Hundred Ninety Nine Thousand Seven Hundred Eighty One Pesos 80/100 Only (p4,999,781.80) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For : Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 100(1) Clearing And Grubbing 0.25 Ha. 101(1)d Removal Of Concrete Drainage Structures 0.00 Cu.m. 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 279.50 Cu.m. 201(1) Aggregate Base Course 352.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 4. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 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- Mapana, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 6. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, @ Municipal Planning & Development Office (mpdo), Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 7. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 8. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas, Northern Samar Mobile # 09778033758 Section Ii. Instructions To Bidders 1. The Bids Must Be Delivered On Or Before January 21, 2025 At 9:00 A.m And Failure To Submit The Bid Proposal May Ground For Disqualification Of The Bid. 2. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 1. The Lgu- Mapanas, Northern Samar Now Invites Bids For The Following Description Of Works To Be Procured: Item No. Scope Of Work Quantity Unit Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.7(2) Occupational Safety And Health Program 1.00 Is B.9 Mobilization/demobilization 1.00 Is Part C Earthworks 100(1) Clearing And Grubbing 0.25 Ha. 101(1)d Removal Of Concrete Drainage Structures 0.00 Cu.m. 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. Part D Subbase And Base Course 200(1) Aggregate Subbase Course 279.50 Cu.m. 201(1) Aggregate Base Course 352.00 Cu.m. Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. Completion Of The Works Is Required 90 Calendar Days. Bidders Should Have Completed, Within Ten (10) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 2. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary Pass/fail Criterion As Specified In The Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184), Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Seventy Five Percent (75%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines. 3. Interested Bidders May Obtain Further Information From Lgu- Bac Mapanas, Northern Samar And Inspect The Bidding Documents At The Address Given Below From January 03-20, 2025, 8:00 A.m. To 5:00 Pm. A Complete Set Of Bidding Documents May Be Purchased By Interested Bidders From The Address Below And Upon Payment Of A Nonrefundable Fee For The Bidding Documents In The Amount Of P5,000.00. It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity, Provided That Bidders Shall Pay The Fee For The Bidding Documents Not Later That The Submission Of Their Bids. 4. The Lgu- Mapanas, Northern Samar Will Hold A Pre-bid Conference On January 10, 2025 At 10:00 A.m. At Executive Conference, 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar, Which Shall Be Open Only To All Interested Parties Who Have Purchased The Bidding Documents. 5. Bids Must Be Delivered To The Address Below On Or Before 9:00 A.m. Of January 21, 2025 At Bac Office, Mapanas, Northern Samar. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bids Will Be Opened In The Presence Of The Bidders’ Authorized Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. The Bidder May Request That The Bid Documents Be Sent To Them By Mail Or Courier, And For This, The Bidder Shall Pay The Amount In Philippine Peso To Cover The Cost Of Mail Or Courier Delivery. The Fee For Obtaining A Copy Of The Bid Documents And The Cost Of Mail Or Courier Shall Be Paid By The Bidder Thru S Cashier’s Check Or Manager’s Check Issued In Favor Of The Municipality Of Mapanas. 6. The Lgu- Mapanas, Northern Samar Reserves The Right To Accept Or Reject Any Bid, To Annul The Bidding Process, And To Reject All Bids At Any Time Prior To Contract Award, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 7. For Further Information, Please Refer To: Reno C. Salazar Bac Secretary Mapanas, Northern Samar Mobile # 09459852914 Ma. Teresa L. Minguez Bac Chairperson Mapanas N. Samar Mobile # 09778033758 Table Of Contents A. General 11 1. Scope Of Bid 11 2. Source Of Funds 11 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 11 4. Conflict Of Interest 12 5. Eligible Bidders 14 6. Bidder’s Responsibilities 15 7. Origin Of Goods And Services 17 8. Subcontracts 17 B. Contents Of Bidding Documents 17 9. Pre-bid Conference 17 10. Clarification And Amendment Of Bidding Documents 18 C. Preparation Of Bids 18 11. Language Of Bids 18 12. Documents Comprising The Bid: Eligibility And Technical Components 18 13. Documents Comprising The Bid: Financial Component 21 14. Alternative Bids 21 15. Bid Prices 22 16. Bid Currencies 22 17. Bid Validity 23 18. Bid Security 23 19. Format And Signing Of Bids 25 20. Sealing And Marking Of Bids 26 D. Submission And Opening Of Bids 26 21. Deadline For Submission Of Bids 26 22. Late Bids 26 23. Modification And Withdrawal Of Bids 27 24. Opening And Preliminary Examination Of Bids 27 E. Evaluation And Comparison Of Bids 28 25. Process To Be Confidential 28 26. Clarification Of Bids 29 27. Detailed Evaluation And Comparison Of Bids 29 28. Post Qualification 30 29. Reservation Clause 31 F. Award Of Contract 32 30. Contract Award 32 31. Signing Of The Contract 33 32. Performance Security 33 33. Notice To Proceed 34 A. General 1. Scope Of Bid 1.1. The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In 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 Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar The Identification Number Of The Contract Is Pr No-2025-02-02___ 2 The Funding Source Is: Lgsf-sbdp For Fy 2024. The Name Of The Project Is: Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 For This Purpose, Similar Contracts Shall Refer To Bidder’s Annual Turnover From All Works Average Over The Last Three Years Shall Be Equal To 50% Of The Estimated Cost Of The Contract Being Procured. The Bidder Must Have Completed, Within The Past Ten (10) Years From The Submission Of Bids, A Single Contract That Is Similar To This Project, Equivalent To At Least Eighty Percent (80%) Of The Abc. 8.1 “subcontracting Is Not Allowed.” 8.2 “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On January 05, 2025 At 10:00 A.m. At Executive Conference 2nd Floor Of New Municipal Bldg. Mapanas, Northern Samar. 10.1 The Procuring Entity’s Address Is: The Municipality Of Mapanas, Province Of Northern Samar Ma. Teresa L. Minguez Lgu-bac Chairperson Tel. No. 09778033758 10.3 No Further Instructions. 12.1 Not Applicable 12.1(a)(i) “no Other Acceptable Proof Of Registration Is Recognized.” 12.1(a)(iv) No Further Instructions. 13.1 “no Additional Requirements” 13.1(b) The Abc Is Php4,999,781.80 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 “no Further Instructions.” 15.4 No Further Instruction. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 17.1 Bids Will Be Valid Until 90 Calendar Days After The Bid Submission Deadline Date As Prescribed By The Procuring Entity) 18.1 The Bid Security Shall Be In The Following Amount: 1. The Amount Of 99,995.64 If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of P249,989.10 If Bid Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. 18.2 The Bid Security Shall Be Valid Twenty Eight Days Beyond The Validity Period Of The Bid. 20.3 Each Bidder Shall Submit One Original And One Copy Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is Ma. Teresa L. Minguez Lgu-bac Chairperson Bac Office @ Mpdo, 1st Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar The Deadline For Submission Of Bids Is 9:00 A.m. On January 21, 2025. 22 The Place Of Bid Opening Is Executive Conference Room, 2nd Floor, New Municipal Bldg. Municipality Of Mapanas, Northern Samar. The Date And Time Of Bid Opening Is January 21, 2025 At Exactly 10:00 A.m. 24.2 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.4 No Further Instructions. 28.2(b) Bidders Have Option To Submit Manually Filed Tax Returns Or Tax Returns Filed Through The Electronic Filing And Payments System (efps). Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 28.2(d) List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It. 1. Taxpayer’s Identification Number 2. Vat Registration 3. Philippine Contractors Accreditation Board (pcab) License The Requirements Are Applicable Only In A Case Where The Lowest Calculated Bid (lcb) Is Submitted By A Domestic Bidder, And If The Lowest Calculated Bid (lcb) Is Submitted By A Foreign Bidder, This Requirements Are Not Applicable 31.4(g) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Such As Construction Schedule And S-curve, Manpower Schedule, Construction Methods, Equipment Utilization Schedule, Construction Safety And Health Program Approved By The Department Of Labor And Employment, And Pert/cpm. 32.2 The Performance Security Shall Be In The Following Amount: 1. The Amount Of 10% Of Contract If Performance Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. The Amount Of 30% Of Contract If Performance Security Is In Surety Bond; Or 3. Any Combination Of The Foregoing Proportionate To The Share Of Form With Respect To Total Amount Of Security. Section Iv. General Conditions Of Contract Table Of Contents 1. Definitions 41 2. Interpretation 43 3. Governing Language And Law 43 4. Communications 43 5. Possession Of Site 43 6. The Contractor’s Obligations 44 7. Performance Security 45 8. Subcontracting 46 9. Liquidated Damages 46 10. Site Investigation Reports 47 11. The Procuring Entity, Licenses And Permits 47 12. Contractor’s Risk And Warranty Security 47 13. Liability Of The Contractor 49 14. Procuring Entity’s Risk 49 15. Insurance 49 16. Termination For Default Of Contractor 51 17. Termination For Default Of Procuring Entity 51 18. Termination For Other Causes 52 19. Procedures For Termination Of Contracts 53 20. Force Majeure, Release From Performance 56 21. Resolution Of Disputes 56 22. Suspension Of Loan, Credit, Grant, Or Appropriation 57 23. Procuring Entity’s Representative’s Decisions 57 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 57 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 58 26. Extension Of The Intended Completion Date 58 27. Right To Vary 58 28. Contractors Right To Claim 59 29. Dayworks 59 30. Early Warning 59 31. Program Of Work 59 32. Management Conferences 60 33. Bill Of Quantities 60 34. Instructions, Inspections And Audits 61 35. Identifying Defects 61 36. Cost Of Repairs 61 37. Correction Of Defects 61 38. Uncorrected Defects 62 39. Advance Payment 62 40. Progress Payments 62 41. Payment Certificates 63 42. Retention 63 43. Variation Orders 64 44. Contract Completion 66 45. Suspension Of Work 66 46. Payment On Termination 67 47. Extension Of Contract Time 67 48. Price Adjustment 68 49. Completion 68 50. Taking Over 69 51. Operating And Maintenance Manuals 69 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms. 1.1. The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2. Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums. 1.3. The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4. The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5. The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6. Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7. The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. 1.8. The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9. Days Are Calendar Days; Months Are Calendar Months. 1.10. Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11. A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12. The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13. The Defects Liability Period Is The One Year Period Between Contract Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14. Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15. Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16. The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17. Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18. The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19. Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20. Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21. The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc. 1.22. The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract. 1.23. The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24. Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25. Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26. Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27. The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates. 1.28. A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29. Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30. Work(s)refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2. Interpretation 2.1. In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2. If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Governing Language And Law 3.1. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2. This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1. On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2. If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3. The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4. The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligations 6.1. The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2. The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3. The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4. The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5. The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6. If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7. During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8. The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9. The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10. Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4. The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5. The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extensions. 7.6. In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7. Unless Otherwise Indicated In The Scc, The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1. Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2. Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1. The Contractor Shall Pay Liquidated Damages To The Procuring Entity For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Applicable Liquidated Damages Is At Least One-tenth (1/10) Of A Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Total Amount Of Liquidated Damages Shall Not Exceed Ten Percent (10%) Of The Amount Of The Contract. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2. If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.3. 10. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works. 12. Contractor’s Risk And Warranty Security 12.1. The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2. The Defects Liability Period For Infrastructure Projects Shall Be One Year From Contract Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3. Unless Otherwise Indicated In The Scc, In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4. After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project; (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable. 12.5. The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6. The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Minimum Amount In Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission Thirty Percent (30%) 12.7. The Warranty Security Shall Be Stated In Philippine Pesos And Shall Remain Effective For One Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8. In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1. From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity: (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1. The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2. The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3. The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4. If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5. In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6. The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1. The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2. Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3. Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4. The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5. All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18. Termination For Other Causes 18.1. The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2. The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3. Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Defined In Itb Clause 3.1(a), Unless Otherwise Specified In The Scc; (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4. The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5. When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6. If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1. The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Procuring Entity Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Procuring Entity, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper Described In Item (c) Above Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2. Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Contractor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause. In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1. For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2. If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3. If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4. After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5. The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1. If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2. If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3. Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Gcc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1. Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity. 23.2. The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1. All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2. The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3. The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4. The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1. When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2. If The Contractor’s Financial Proposals For An Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1. The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2. The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1. The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.2. Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractor's Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1. Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Day Works Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2. All Work To Be Paid For As Day Works Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3. The Contractor Shall Be Paid For Day Works Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1. The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2. The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative. 31. Program Of Work 31.1. Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2. An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4. The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations. 31.5. When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6. All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conferences 32.1. Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2. The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1. The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2. The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3. If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4. If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1. The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2. If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3. The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1. The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Isone (1) Year From Project Completion Up To Final Acceptance By The Procuring Entity’s. 37.2. Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3. The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4. The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1. The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2. The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1. The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2. The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3. The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4. The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5. The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1. The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2. The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3. Payments Shall Be Adjusted By Deducting There From The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4. The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5. Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1. The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2. The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3. The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4. The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1. The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Itb Sub-clause 42.2. 42.2. Progress Payments Are Subject To Retention Of Ten Percent (10%), Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3. The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4. On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1. Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2. A Change Order May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3. An Extra Work Order May Be Issued By The Procuring Entity To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4. Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5. In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1. The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2. The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following: (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3. In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment On Termination 46.1. If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2. If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3. The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4. If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1. Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2. No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3. Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4. No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5. Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed. Nevertheless, In Cases Where The Cost Of The Awarded Contract Is Affected By Any Applicable New Laws, Ordinances, Regulations, Or Other Acts Of The Gop, Promulgated After The Date Of Bid Opening, A Contract Price Adjustment Shall Be Made Or Appropriate Relief Shall Be Applied On A No Loss-no Gain Basis. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1. If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. 51.2. If The Contractor Does Not Supply The Drawings And/or Manuals By The Dates Stated In The Scc, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative Shall Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 1.16 The Intended Completion Date Is 120 Cd From Ntp. 1.21 The Procuring Entity Is Lgu- Mapanas, Northern Samar. 1.22 The Procuring Entity’s Representative Is Atty. Ronn Michael L. Tejano Municipal Mayor Municipality Of Mapanas Province Of Northern Samar 1.23 The Site Is Located At Mapanas, Northern Samar. 1.27 The Start Date Is: Upon Receipt Of Notice To Proceed. 1.30 The Works Consist Of: Item No. Scope Of Work Quantity Unit Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each B.5 B.7(2) Occupational Safety And Health Program 1.00 Is B.7(2) B.9 Mobilization/demobilization 1.00 Is B.9 Part C Earthworks Part C 100(1) Clearing And Grubbing 0.25 Ha. 101(3)a.2 101(1)d Removal Of Concrete Drainage Structures 0.00 Cu.m. 102(2)b 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 105(1) 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. Part D 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. 200(1) Part D Subbase And Base Course 201(1) 200(1) Aggregate Subbase Course 279.50 Cu.m. Part E 201(1) Aggregate Base Course 352.00 Cu.m. 311(1)a.2 Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. 2.2 Note: The Items To Follow 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon The Issuance Of Notice To Proceed. 6.5 The Contractor Shall Employ The Following Key Personnel: Key Personnel Number Civil Engineer 1 Construction Foreman 1 Labor Workers 3 7.4(c) “no Further Instructions”. 7.7 No Further Instructions. 8.1 No Further Instructions. 10 The Site Investigation Reports Are: None 12.3 No Further Instructions. 12.5 In Case Of Semi-permanent Structures, Such As Buildings Of Types 1, 2, And 3 As Classified Under The National Building Code Of The Philippines, Concrete/asphalt Roads, Concrete River Control, Drainage, Irrigation Lined Canals, River Landing, Deep Wells, Rock Causeway, Pedestrian Overpass, And Other Similar Semi-permanent Structures: Five (5) Years. 13 “no Additional Provision.” 18.3(h)(i) No Further Instructions. 21.2 The Arbiter Is: Construction Industry Arbitration Commission 29.1 No Day Works Are Applicable To The Contract. 31.1 The Contractor Shall Submit The Program Of Work To The Procuring Entity’s Representative Within 15days Of Delivery Of The Letter Of Acceptance. 31.3 The Period Between Program Of Work Updates Is 15days. The Amount To Be Withheld For Late Submission Of An Updated Program Of Work Is P 1,000.00. 34.3 The Funding Source Is Coming From Nia 39.1 The Amount Of The Advance Payment Is 15% Of The Contract Price (lump Sum) And Shall Be Release Once Upon Presentation Of The Following Documents As Required: 1. Letter Request For Advance Payment From The Contractor 2. Bank Guarantee For Advance Payment 40.1 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Be Included For Payment. 51.1 The Date By Which Operating And Maintenance Manuals Are Required Is Not Applicable. The Date By Which “as Built” Drawings Are Required Is 20 Days Upon Completion Of The Subproject. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is P1,000.00. Section Vi. Specifications Project Name: Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar Location : Brgy. San Jose, Mapanas, Northern Samar Item No. Description Qty. Unit. B.5 Project Billboard/signboard 1.00 Each Labor A. Construction Foreman 4.00 1 B. Skilled Laborer 4.00 1 C. Unskilled Laborer 4.00 2 F.1 Name And Specification Materials A. Tarpaulin (8’x8’) 1.00 Pc B. Coco Lumber 84.00 Bd.ft. C. Plywood Marine (0.0125mx1.2mx2.44m) 2.00 Pc D. Assorted Common Wire Nail 0.50 Kg B.7(2) Occupational Safety And Health Program 1.00 L.s A. Safety Practitioner (part Time) 15.00 1 B. B. Health Personnel (full Time) 60.00 1 B.1 Name And Capacity C. Equipment D. A. Safety Shoes 78.00 Man-day E. B. Safety Helmet 78.00 Man-day F. C. Safety/working Gloves 78.00 Man-day G. D. Safety Vest 78.00 Man-day H. E. Rubber Boots 78.00 Man-day F. Rain Coats (30% Of The Duration) Optional 24.00 Man-day B.9 Mobiilization/demobilization 1.00 L.s B.1 Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 16.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 16.00 1 C. Bulldozer, D6h Series Ii Psds/dd 16.00 1 D. Backhoe W/ Breaker (0.80 Cu.m.) 16.00 1 100(1) Clearing And Grubbing 0.25 Ha. A.1 A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Dump Truck (12 Cu. Yd.) 1.00 2 B. Payloader (1.5 Cu.m.), Lx80-2c 1.00 1 C. Bulldozer, D6h Series Ii Psds/dd 1.00 1 102(2)b Surplus Common Excavation 1,347.20 Cu.m. A.1 Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Bulldozer, D6h Series Ii Psds/dd 1.00 1 B. Payloader (1.5 Cu.m.) 1.00 1 C. Payloader (1.5 Cu.m.) 0.30 1 D. Dump Truck (12 Cu.yd.) 1.00 3 E. Back Hoe (0.80 Cu.m) 1.00 1 105(1) Subgrade Preparation (common Material) 1,760.00 Sq.m. Labor A. Construction Foreman 1.00 1 B. Unskilled Laborer 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 200(1) Aggregate Subbase Course 279.50 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 Name And Specification Materials A. Aggregate Subbase Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 201 (1) Aggregate Base Course 352.00 Cu.m. Labor A. Construction Foreman 1.00 1 B. Unskilled 1.00 2 B.1 Name And Capacity Equipment A. Motorized Road Grader, G710a 1.00 1 B. Vibratory Roller (10 M.t.), Sd100dc 1.00 1 C. Water Truck/pump (16000 L) 0.25 1 F.1 Name And Specification Materials A. Aggregate Base Course (w/ 15% Shrinkage Factor) 1.15 Cu.m. 311(1)a.2 Pcc Pavement (plain)-conventional Method, 200mm Thk. 1,100.00 Sq.m. A.1 Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 4 C. Unskilled Laborer 1.00 12 B.1 Name And Capacity Equipment A. Transit Mixer (5-6 Cu.yd) 1.00 4 B. Concrete Vibrator 1.00 2 C. Concrete Batch (30 Cu.m.) 1.00 1 D. Payloader (1.50 Cu.m)lx80-2c 1.00 1 E. Concrete Screeder (5.5 Hp) 1.00 1 F. Water Truck/pump (16000l) 1.00 1 G. Concrete Saw, Blade 0/ 14” (7.5 Hp) 1.00 1 H. Bar Cutter, Single Phase 0.10 1 I. Joint Sealer Machine 0.25 1 F.1 Name And Specification Materials A. Reinforcing Steel Bar, Grade 40 0.39 Kg. B. Curing Compound 0.29 Lit C. Asphalt Sealant 0.12 Lit. D. Steel Forms (rental) 0.46 I.m. E. Sand 0.1100 Cu.m F. Gravel 0.20 Cu.m G. Portland Cement Type 1 1.90 Bag H. Concrete Saw (diamond Blade 14”) 0.00015 Pc I. Pipe Sleeve, 2” Dia 0.0086 I.m. J. Greasse/tar 0.0056 Lit. 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. A.1 Labor A. Construction Foreman 1.00 1 B. Skilled Laborer 1.00 2 C. Unskilled Laborer 1.00 8 B.1 Name And Capacity Equipment A. Bar Cutter 0.50 1 B. Bar Bender 0.50 1 C. Cargo Truck (9-10mt) 0.15 1 F.1 Name And Specification Materials A. Tire Wire (2% Of Rsb) 0.021 Kg. B. Reinforcing Steel Bar, Grade 40 (w/ 5% Wastage) 1.05 Kg. Section Vii. Drawings Bill Of Quantities Item No. Scope Of Work Quantity Unit Unit Cost Total Amount Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar B.5 Project Billboard/sign Board 1.00 Each 10,959.69 10,959.69 B.7(2) Occupational Safety And Health Program 1.00 Is 50,777.92 50,777.92 B.9 Mobilization/demobilization 1.00 Is 39,190.70 39,190.70 Part C Earthworks 100(1) Clearing And Grubbing 0.25 Ha. 220,840.20 54,326.69 102(2)b Surplus Common Excavation 1347.20.00 Cu.m. 204.24 275,152.13 104(1)a Embankment From Road Way Excavation (common Soil) 0.00 Cu.m. 105(1) Subgrade Preparation (common Material) 1760.00 Sq.m. 21.14 37,206.40 Part D Subbase And Base Course 200(1) Aggregate Subbase Course 279.50 Cu.m. 1,632.38 456,250.22 201(1) Aggregate Base Course 352.00 Cu.m. 2,843.65 1,000,964.80 Part E Surface Courses 311(1)a.2 Pcc Pavement (plain) Conventional Method, 200mm Thk. 1100.00 Sq.m. 2,639.57 2,903,527.00 Part F Drainage Structure 404(1)a Reinforcing Steel, Grade 40 372.96 Kg. 105.28 39,265.23 405(1)a1 Structural Concrete, 20.68mpa, Class A, 7 Days 8.46 Cu.m. 15,617.44 132,161.02 Total 4,999,781.80 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 Concreting Of Farm-to-market Road, Brgy. San Jose, Mapanas, Northern Samar (a) We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract Accompanying This Bid; The Total Price Of Our Bid, Excluding Any Discounts Offered In Item (d) Below Is: [insert Information]; The Discounts Offered And The Methodology For Their Application Are: [insert Information]; (b) Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; (c) If Our Bid Is Accepted, We Commit To Obtain A Performance Security In The Amount Of [insert Percentage Amount] Percent Of The Contract Price For The Due Performance Of The Contract; (d) Our Firm, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Have Nationalities From The Following Eligible Countries: [insert Information]; (e) We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; (f) Our Firm, Its Affiliates Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Funding Source; (g) We Understand That This Bid, Together With Your Written Acceptance Thereof Included In Your Notification Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Is Prepared And Executed; And (h) We Understand That You Are Not Bound To Accept The Lowest Evaluated Bid Or Any Other Bid That You May Receive. Name: In The Capacity Of: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Form Of Contract Agreement This Agreement, Made This [insert Date] Day Of [insert Month], [insert Year] Between [name And Address Of Procuring Entity](hereinafter Called The “entity”) And [name And Address Of Contractor] (hereinafter Called The “contractor”). Whereas, The Entity Is Desirous That The Contractor Execute [name And Identification Number Of Contract] (hereinafter Called “the Works”) And The Entity Has Accepted The Bid For [insert The Amount In Specified Currency In Numbers And Words] By The Contractor For The Execution And Completion Of Such Works And The Remedying Of Any Defects Therein. Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents Shall Be Attached, Deemed To Form, And Be Read And Construed As Part Of This Agreement, To Wit: (a) General And Special Conditions Of Contract; (b) Drawings/plans; (c) Specifications; (d) Invitation To Apply For Eligibility And To Bid; (e) Instructions To Bidders; (f) Bid Data Sheet; (g) Addenda And/or Supplemental/bid Bulletins, If Any; (h) Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes; (i) Eligibility Requirements, Documents And/or Statements; (j) Performance Security; (k) Credit Line Issued By A Licensed Bank, If Any; (l) Notice Of Award Of Contract And The Bidder’s Conforme Thereto; (m) Other Contract Documents That May Be Required By Existing Laws And/or The Entity. 3. In Consideration Of The Payments To Be Made By The Entity To The Contractor As Hereinafter Mentioned, The Contractor Hereby Covenants With The Entity To Execute And Complete The Works And Remedy Any Defects Therein In Conformity With The Provisions Of This Contract In All Respects. 4. The Entity Hereby Covenants To Pay The Contractor In Consideration Of The Execution And Completion Of The Works And The Remedying Of Defects Wherein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of This Contract At The Times And In The Manner Prescribed By This Contract. In Witness Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Contractor). Binding Signature Of Procuring Entity ________________________________________________ Binding Signature Of Contractor _____________________________________________ [addendum Showing The Corrections, If Any, Made During The Bid Evaluation Should Be Attached With This Agreement] Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] * This Form Will Not Apply For Wb Funded Projects.