United States

Details: Item Unique Identification And Valuation (jan 2023)|19|||||||||||||||||||| inspection Of Supplies--fixed-price (aug 1996)|2||| higher-level Contract Quality Requirement|8||||||||| time Of Delivery (june 1997)|20||||||||||||||||||||| stop-work Order (aug 1989)|1|| wide Area Workflow Payment Instructions (jan 2023)|16|invoice And Receiving Report Combo||tbd|n00383|tbd|tbd|see Schedule|tbd|||tbd|||||| navy Use Of Abilityone Support Contractor - Release Of Offeror Information (3-18))|1|| value Engineering (jun 2020)|3|||| equal Opportunity (sep 2016)|2||| integrity Of Unit Prices (nov 2021)|1|| equal Opportunity For Veterans (jun 2020)|4||||| small Business Subcontracting Plan (sep 2023)|4||||| safeguarding Sensitive Conventional Arms, Ammunition, And Explosives (nov 2023)|9|||||||||| equal Opportuity For Workers With Disabilities (jun 2020)|2||| transportation Of Supplies By Sea (oct 2024)|2||| buy American-free Trade Agreements-balance Of Payments Program-basic (feb 2024)|11|||||||||||| requirements For Certified Cost Or Pricing Data And Data Other Than Certified Cost Or Pricing Data --modifications (nov 2021))|7|||||||| alternate A, Annual Representations And Certifications (oct 2024)|13|||||||||||||| buy American-free Trade Agreements-balance Of Payments Program Certificate-basic (feb 2024))|5|||||| buy American--balance Of Payments Program (feb 2024)|1|| royalty Information (apr 1984)|1|| annual Representations And Certifications (may 2024)|12|334511|1350||||||||||| cost Accounting Standard Notices And Certification (deviation 2018-o0015)(may 2018))|1|| requirements For Submission Of Proposals Via Electronic Media (jan 2018)|1|via Email| type Of Contract (apr 1984)|1|| notice Of Priority Rating For National Defense, Emergency Preparedness, Andenergy Program Use (apr 2008))|2||| requirements For Certified Cost Or Pricing Data And Data Other Than Certifiedcost Or Pricing Data (may 2024))|1|| all Contractual Documents (i.e. Contracts, Purchase Orders, Task Orders,delivery Orders And Modifications) Related To The Instant Procurement Areconsidered To Be "issued" By The Government When Copies Are Either Deposited In The Mail, Transmitted By Facsimile, Or sent By Other Electronic Commercemethods, Such As Email. The Government's Acceptance Of The Contractor'sproposal Constitutes Bilateral Agreement To "issue" Contractual Documents Asdetailed Herein. early And Incremental Deliveries Accepted. all Terms And Conditions Are In Accordance With Boa:n00383-21-g-ym01required Mandatory Government Sources Of Supply Have Been Reviewed Inaccordance With Far 8.002 And Dfars 208.002. None Of The Required None Of Therequired Sources Are Able To Provide The Required item(s). 1. Scope 1.1 . Markings Shall Be In Accordance With Mil-std-130. 1.2 Articles To Be Furnished Hereunder Shall Be Repaired, Tested Andinspected In Accordance With The Terms And Conditions Specified In Therequirements Section Of This Document. 1.3 Unless Expressly Provided For Elsewhere In This Clause, Equipment Suchas Fixtures, Jigs, Dies, Patterns, Mylars, Special Tooling, Test Equipment, Orany Other Manufacturing Aid Required For The Manufacture And/or Testing Of The Subject Item(s) Will Not Be provided By The Government Or Any Other Source And Is The Sole Responsibility Of The Contractor. The Foregoing Applies Notwithstanding Any Reference To Such Equipment Or The Furnishing Thereof That May Be Contained In Any Drawing Or Referenced Specification. 1.4 The Use Of Mil-w-81381 Wire In Any Item To Be Delivered Under This Procurement Is Prohibited. The Foregoing Prohibition Applies Notwithstanding Any Reference To Mil-w-81381 Wire That May Be Made In Any Of The Drawings Or Specifications For This procurement. Sae-as22759 Series Wire Shall Be Used In Lieu Of Mil-w-81381 Wire, In Any Place Where Mil-w-81381 Wire Is Cited In This Procurement. Any Questions Concerning This Requirement Should Be Directed To The Procuring Contracting Officer. 1.5 If Mil-std-454 Is Referenced In The Drawings Or In The Specification,the Contractor Is Expected To Show Compliance With Ipc/eiaj-std-001c Personnel Performing Tasks In Accordance With Ipc/eiaj-std-001c Shall Be Trained And Certified As Requried By ipc/eiaj-std-001c Paragraph 5.1.4. 2. Applicable Documents - Not Applicable 3. Requirements 3.1 1.0 General 3.1.1 This Statement Of Work (sow) Establishes The Criteria For Repair And Testing /inspection Of The Subject Item. It Includes Inspection, Component Repair And Replacement,reassembly And Testing Procedures Required To Return Units Back Into A Servicable condition. 3.2 2.0 Definitions. 3.2.1 Contractor: Is Defined As The Successful Offeror Awarded A Contract, Orderor Issued A Project Work Order. The Term "contract" Encompasses A Contract, An Order, Or A Project Work Order. 3.2.2 Overhaul: An Overhauled Part Is One Which Has Been Disassembled, Cleaned, Inspected, Repaired As Necessary (by Replacing Or Repairing All Components Which Have Been Found To Exceed Limits Established By The Repair/overhaul Manual) Reassembled And Tested in Accordance With The Approved Repair/overhaul Manual Listed In This Sow And Returned To A Ready For Issue (rfi) Condition (refer To Contract Schedule For Items To Be Overhauled). 3.2.3 Repair: A Repaired Part Is One Which Has Been Restored To A Ready For Issue(rfi) Condition (by Replacing Or Repairing Those Components Found To Be Defective, Broken, Damaged Or Inoperative During The Initial Evaluation And Troubleshooting Phase) And tested In Accordance With The Approved Repair/overhaul Manual Listed In This Sow (refer To Contract Schedule For Items To Be Repaired). 3.3 3.0 Scope 3.3.1 General. The Items To Be Furnished Hereunder Shall Be Overhauled, Upgraded,repaired, Tested, Inspected, And Accepted In Accordance With The Terms And Conditions Specified In This Contract. Unless Expressly Provided Government Furnished Property, including Equipment Such As Fixtures, Jigs, Dies, Patterns, Mylars, Special Tooling, Special Test Equipment, Or Any Other Manufacturing Aid Required For The Repair, Manufacture, And/or Testing Of The Subject Item(s) Will Not Be Provided By The Government And shall Be The Responsibility Of The Contractor. The Foregoing Applies Notwithstanding Any Reference To Such Equipment Or The Furnishing Thereof That May Be Contained In Any Drawing, Manual, Or Specification For The Contract Items. 3.3.2 Repair Upgrade Requirements:the Contractor Shall Provide The Necessary facility, Labor, Materials, Parts, And Test And Tooling Equipment Required To To Return The Following Items To A Ready For Issue (rfi) Condition: recorder,flight Dat ;s800-3500-11; P/n, ;014968799; Nsn, ;iaw Applicable Manuals; Tech Publications 3.3.3 Rfi Is Defined As That Condition Allowing The Items To Perform Properly And Reliably In An Operational Environment In A Manner They Were Intended To Operate.the Contractor Must Perform All Repairs/upgrades At The Facility Identified Within This Sow. repairs Performed By The Contractor Or Subcontractor Shall Be Performed In Accordance With The Specified Drawings And Repair Manual(s). 3.4 Changes To Such Manuals Used For Repairs Under This Contract, Or Changes To Drawings Or Specifications Used In The Manufacture Of Parts Utilized In These Repairs, Require Procuring Contracting Officer (pco) Approval In Accordance With The Configuration management Provisions Of This Statement Of Work Or Contract. Under No Circumstances Should The Repair, Test, And Inspection Extend Beyond The Requirements Of This Paragraph Unless Authorized By The Government Qar.in Addition, Requests For Approval Of Changes to A Repair Source Or Repair Facility Shall Be Submitted In Writing To The Pco Prior To Making Any Such Change. 3.4.1 Any Repairs Performed Using Unapproved Changes To Such Manuals, Drawings, Specifications, Or Changes To Repair Source Or Facility Are Done At The Contractor's Own Risk. If The Government Disapproves The Requested Change, The Contractor Shall Replace Any delivered Items Repaired Using Such Unapproved Manuals,drawing, Specification, Repair Source Or Repair Facility Change. The Contractor Is Not Entitled To Any Equitable Adjustment To The Contract Price Or Terms Based On The Government's Disapproval Of A requested Change To Manuals, Drawings, Specifications, Or To A Repair Source Or Facility. 3.4.2 References On Drawings And Specifications:for Repair And Overhaul Purposes Only. All References To The "prime Contractor" Or The "actual Manufacturer" Appearing On The Drawings And / Or Specifications Or Technical Data Furnished By The Government Shall Be read As The "government Designated Agency" 3.4.3 Process Control Documentation: The Contractor Shall Prepare And Maintain Repair Procedures, And Test / Inspection Information / Procedures Which Shall Be Made Available To The Government For Review And Approval. The Procedures Shall Include Sequential diagrams Of Processes, As Well As The Performance Specifications To Perform The Testing / Inspection Procedures. Those Processes Shall Be Frozen After Approval Of The Inspection / Test. 3.4.4 Beyond Economical Repair (ber). An Item Is Ber If The Cost Of The Repair Exceeds 75% Of The Production Quantity Price To Replace The Item, Current At Time Of Award. This Replacement Price Is For The Purposes Of Ber Determinations Only, And May Not Be used Or Relied On By The Offeror In The Pricing Of The Repairs Required By This Contract. Items Determined Ber Are Not Included In The Contract Price. The Contractor Shall Obtain Written Concurrence From Dcma For All Units Determined By The Contractor To Be ber. All Such Determinations, Including The Basis For The Determination, The Repair Required, The Proposed Price To Repair And The Dcma Written Concurrence Shall Be Provided By The Contractor To The Pco, With A Copy To The Inventory Manager. After Receipt Of the Required Documentation, The Pco Shall Provide The Contractor Disposition Instructions Or Contractual Authority For Repair Of The Item. The Contractor Is Not Authorized To Proceed With The Repair Until Notification To Proceed Is Received From The Pco. Any disposal Ordered Shall Be Performed By The Contractor In Accordance With All Applicable Regulations And In Accordance With All Dcma Disposal Procedures And Requirements. 3.4.5 Missing On Induction (moi). A Weapons Repairable Assembly (wra) Is Subject To This Moi Provision If The Item Received By The Contractor For Repair Is Missing One Or More Shop Replaceable Assemblies (sras). Contractor Replacement Of Moi Sras Is Not included In The Contract Price. The Contractor Shall Immediately Notify Dcma When An Item Is Received With Moi Sra(s) And Shall Obtain Written Verification From Dcma For All Wras Determined To Have Moi Sra(s). The Contractor Shall Provide All Such determinations, Including Identification Of The Missing Sra(s), And The Dcma Written Verification, To The Inventory Manager With A Copy To The Pco And Aco Prior To Induction And/or Repair Of The Wra. The Contractor Shall Not Induct And/or Repair Wras With Moi sras Until Instructions On How To Proceed Are Provided To The Contractor By The Inventory Manager (where No Adjustment Price To The Contract Is Required) Or By The Pco. Items Received By The Contractor Missing Consumable Parts Are Not Moi Items. Rather, repair Of Such Items And Replacement Of The Missing Consumable Parts Are Included In The Contract Price And The Item Shall Be Inducted And Repaired By The Contractor Under This Contract. 3.4.6 Replacing Failed Or Missing Shop Replaceable Assembly (sra) When Repairinga Weapons Replaceable Assembly (wra). 3.4.7 A. When The Contractor Believes One Or More Sra(s) Within A Wra Are Either: 3.4.8 Beyond Economic Repair (ber) Or Beyond Repair (br) I. E. The Unit Is Not Capable Of Being Repaired Because Of The Extent Of Physical Damage), Or Missing On Induction (moi), The Contractor Shall Obtain Written Verification From Dcma And Advice From The inventory Manager Whether A Sra May Be Replaced By One Or More Of The Following Options: Ship In Place From An Existing Spares Or Repair Contract, If Any, Milstrip The Sra(s), Otherwise Be Provided Direction For Obtaining The Sra(s) At No Cost To The contractor.the Detailed Procedures Are Set Forth In Section 6.0 Of The Web-based Commercial Asset Visibility (cav) Statement Of Work. 3.4.9 B.when Not Otherwise Provided For (or Precluded) By Other Terms Of This Contract, The Contractor May Seek Written Authorization To Replace Failed Sra(s) With Ready For Issue Sra(s). When Authorized, The Procedures Set Forth In Paragraph 3.0 Of Section 6.2 Of The Web-based Commercial Asset Visibility (cav) Statement Of Work Shall Be Followed. 3.4.10 Over And Above Repair (oar). An Item Sent To The Contractor Shall Be Considered To Require Over And Above (oar) Repair Effort If The Repair Required Is Not The Type Of Repair That Would Be Anticipated As A Result Of Normal Navy Operation Of The Item And is Not Included In The Contract Pricing Due To The Nature Or Scope Of The Repair Needed For That Particular Item. Therefore, Repair Of Oar Items May Be Subject To Equitable Adjustment. The Contractor Shall Obtain Written Concurrence From Dcma For All Units determined By The Contractor To Require Oar Effort. All Such Oar Determinations, Including The Basis For The Determination, The Repair Required, The Proposed Price To Repair And The Dcma Written Concurrence, Shall Be Provided By The Contractor To The Pco Prior to Undertaking Repair Of The Item. after Receipt Of The Required Documentation, The Pco Shall Provide The Contractor Disposition Instructions Or Contractual Authority For Repair Of The Item. Any Ordered Disposal Shall Be Performed By The Contractor In Accordance With All Applicable Regulations and Dcma Disposal Procedures And Requirements. 3.5 4.0 Parts And Materials 3.5.1 General. The Contractor Is Responsible For Supplying All Parts And Material Necessary To Perform The Required Repairs Under This Contract Unless Parts Or Material Are Specifically Identified As Government Furnished Material (gfm). All Parts And Material used In Performance Of This Contract Shall Be In Accordance With The Latest Approved Revision Of Applicable Drawings And Specifications And Shall Be New In Accordance With Far 52.211-5, Material Requirements, Which Is Incorporated By Reference Herein. authorization To Use Other Than New Material As Defined By Far 52.211-5 Requires Written Approval From The Pco. In Addition, Cannibalization Must Be Approved By The Pco. Cannibalization Of Units That Have Not Been Inducted Is Not Typically Authorized And requires Specific Approval By The Pco. 3.5.2 The Contractor Shall Ensure It Has Access For The Duration Of This Contract To Updated Drawings And Specifications For Parts And Material Required For Repairs Performed Under This Contract. Any Change To Such Parts/material Drawings Or Specifications requires Government Approval In Accordance With The Configuration Management Provisions Of This Statement Of Work. Written Approval From The Pco Must Be Obtained Prior To Any Change To The Manufacturing Source Or Manufacturing Facility For All Parts Which require Source Approval, Unless The Contractor Is The Design Control Agent (dca) (i.e. The Entity Responsible For Maintaining The Latest Configuration Data) For The The Contract Item. If The Contractor Is The Dca, The Contractor May Approve Approve Changes To manufacturing Source Or Manufacturing Facility For All Parts, Including Those Which Require Source Approval. Any Repairs Performed Using Unapproved Changes To Such Drawings, Specifications Or Manufacturing Source Or Facility Are Done At The Contractor's Own risk. If The Government Disapproves The Requested Change, The Contractor Shall Replace Any Delivered Items Repaired Using Such Unapproved Change. The Contractor Is Not Entitled To Any Equitable Adjustment To The Contract Price Or Terms Based On The government's Disapproval Of A Requested Change To The Drawings, Specifications Or Manufacturing Source Or Facility. 3.5.3 Purchased Material Control And Parts Control. The Contractor Shall Establish And Maintain A System Of Control Over Purchased Parts And Material. Such Controls Shall, At A Minimum, Assure That The Parts And And Material Purchased Are In Compliance With The requirements Of This Contract. 3.5.4 Receiving Inspection Of Purchased Parts And Material. (1)purchased Items Shall Be Inspected Upon Receipt At The Contractor's Facility To Assure Conformance With All Requirements Of The Applicable Drawings And Specifications Or (2)the Contractor Shall provide Prior To The Contract Award Evidence For Government Review And Approval Of A Purchased Parts And Material System Which Provides For The Inspections To Assure Conformance With All Requirements Of The Applicable Drawings And Specifications. Evidence Of such Inspections Of Such Inspections Shall Be Maintained By The Contractor Or Subcontractor For Government Review.the Inspection Report Shall, At A Minimum, Include A Record Of All Dimensional Data (coordinate/positional), Material, Finish, And Process With appropriate Pass/fail Criteria Such As Certifications and Actual Dimensonal Readings. 3.5.5 ^^^note^^^part Cannibalization Is Not Authorized Unless Specifically Approved By Navsup Wss And The Bde. 3.5.6 3.6 Source And Location Of Repair Source: 3.6.1 The Contractor Shall Specify The Name Of The Source/division Performing The Work And The Actual Location Where Work Will Be Performed. recorder,flight Dat ;l-3 Communications Avionics Sys; Company Name , ;5353 52nd Street Se, Grand Rapids Mi 49512-9704; Address , ;25583; Cage Code inspection Will Be Accomplished On The Contractor's Equipment 3.7 5.0 Contractor Quality Requirements: 3.7.1 Quality Program. The Contractor Shall Establish, Implement, Document And Maintain A Quality System That Ensures Conformance To All Applicable Requirements Of Iso 9001/ Sae As9100. The Contractor's Quality Management System/program Shall Be Designed To promptly Detect, Correct And Prevent Conditions That Adversely Affect Quality. 3.7.2 Calibration System Requirements. Contractor Shall Maintain A Calibration System That Meets The Requirements Of Ansi/ncsl Z540.3, Iso-10012-1 Or An Equivalent Calibration Program Acceptable To The Government. 3.8 6.0 Configuration Management (cm): 3.8.1 The Contractor Shall Maintain A Configuration Management Plan In Accordance With The Provisions Of Navsup Wss Configuration Management Clause Navicpia18. (refer To Contract). 3.9 7.0 Markings. 3.9.1 Marking Shall Be As Indicated In The Contract When Applicable. 3.10 8.0 Storage; 3.10.1 The Contractor Shall Provide A Proper Enclosed Warehouse Environment For Both Material Items Awaiting Repair And Assets Which Have Been Repaired And Are Awaiting Shipment To Ensure The Items Are Not Damaged While Being Stored. the Contractor Shall Maintain A Quality Control System Which Meets The Requirements Of Mil-i-45208a, Mil-q 9858,iso-9000 / 9001 / 9002 Or Equivalent. responsibility For Inspection: Unless Otherwise Specified, The Contractor Is Responsible For The Performance Of All Inspection Requirements As Specified herein. Except As Otherwise Specified, The Contractor May Use His Own Or Any Other Facility Suitable For The Performance Of The Inspection Requirements Specified Herein. procedures:the Contractor Shall Prepare And Maintain Quality Control documentation, Test And Repair Procedures, And Inspection Procedures Which Shall Be Made Available To The Government For Review And Approval. The Procedures Shall Include Sequential Diagrams Of The Test, Repair, And Inspection Process, As Well As The performance Spcifications To Perform The Procedures. quality Assurance Program Plan: The Contractor Shall Develop, Implement And Maintain A Repair Quality Plan In Compliance With The Requirements Of Mil-i-45208a, Mil-q-9858, Iso,9000 / 9001 / 9002, Or Equvalent.the Plan Shall Define The Specific Methods By Which compliance With Contractual Requirements will Be Assured. All Quality Assurance Data Shall Be Provided To The Government For Review And Approval Upon Request. purchased Material Control: The Contractor Shall Establish And Maintain A System Of Control Over Purchased Material Which Shall Assure That The Necessary Requirements Of This Contract Are Included. In All Sub contract Agreements. A Parts Control System Shall Establish A Record Of Performance For Each Purchased And Internally Manufactured Part And Shall Be Used To Evaluate Continued Use Of The Source. The Contractors Control System Shall Be In Compliance Wil either Mil-i 45208a/mil-q-9858 Or Equivalent Quality Quality Assurance Standared.(iso/as:9000, 9001, 9002). receiving Inspection Of Purchased Material: Purchased Items Shall Be Inspected Upon Receipt At The Contractors Facility To Assure Conformance With All Requirements Of The Technical Data Package (tdp). Evidence Of Such Inspections Shall Be Maintained For government Review At Least Twelve (12) Months Following Acceptance Of The End Item. Inspection Reports Shall Be Maintained By The Contractor. The Inspection Report Shall, At A Minimum, Include A Record Of All Dimensional Data (coordinate/positional), Material, finish, And Process With Appropriate Pass/fail Criteria, Such Ascertifications, And Actual Dimensional Readings. failure Analysis And Corrective Action:all Failure Analysis And Corrective Action Reports/plans Shall Be Submitted To The Government. nonconforming Material:the Contractor Shall Establish An Effective System For Controlling Nonconforming Material Including Procedures For Identification, Segregation, And Disposition. contractor Internal Review Board (irb):irb Authority Is Delegated To The Contractor For This Contract Only. The Irb May Be Used Only For Disposition Of Materials Exhibiting Minor Non-conformances, Scrap Or Rework To Return A Part To Conformance With Drawings Or specifications As Authorized By The Approved Repair Procedures.irb Shall Not Use "as-is" Disposition. A Complete File Of Irb Actions Shall Be Maintained For Review By The Government For Concurrance Of Classification. material Review Board (mrb):formal Mrb Authority For Disposition Of "as-is"and For Minor Non-conformances Is Retained By The Government. The Contractor Shall Submit The Appropriate Request For Variance Via The Dcmc To The Navsup Contracting Officer. responsibility For Compliance: All Items Must Meet All Requirements Of This Statement Of Work. The Inspection Requirements Set Forth In This Sow Shall Become Part Of The Contractors Overall Inspection System Or Quality Program. The Absence Of Any Inspection requirements In The Sow Shall Not Relieve The Contractor Of The Responsibility Of Assuring That All Government Equipment Submitted For Acceptance Comply With All Requirements. Sampling In Quality Conformance Does Not Authorize Submission Of Known Defective items, Either Indicated Or Actual, Nor Does It Commit The Procuring Activity To Acceptance Of Any Defective Items. repair Assessment Testing: The Government May Select Samples Of The Contract Line Items (clins) Which Have Completed Repair And Have Been Accepted By The Government Representative For The Purpose Of Conducting Performance Testing, Environmental Testing, And quality Conformance Examination In A Repair Assessment Test Program. A Quantity Of Clin's May Be Randomly Selected From Each Quaterly Repair Production Completion For Shipment To The Cfa Or Other Government Designated Location To Conduct This Testing. records Of Data Collection: The Contractor Shall Maintain A Historical Record File To Contain Copies Of Applicable Data And Documents For Individual Clin's and Assemblies By Clin Serial Number. The Historical Record File Shall Include,but Not Be Limited To The Following Types Of Historical Records: receipt Inspection Documentation. repair Shop Travelers Or Repair Cards. parts Replacement Records. parts Inspection Data Before And After Repair As Applicable. acceptance Test Data. qa Personnel Shall Maintain A Complete Receipt Inspection,test, Repair re-test, History Card For Each Item Processed. This Information Shall Be Made Available To The Government Upon Request. 4. Quality Assurance Provisions - Not Applicable. 5. Packaging- Mil-std 2073 Packaging Applies As Found Elsewhere In The Schedule 6. Notes - Not Applicable

Closing Date17 Jan 2025

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VETERANS AFFAIRS, DEPARTMENT OF USA Tender

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United States

Details: This Is A Combined Synopsis/solicitation For Commercial Products And Commercial Services Prepared In Accordance With The Format In Federal Acquisition Regulation (far) Subpart 12.6, Streamlined Procedures For Evaluation And Solicitation For Commercial Products And Commercial Services, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes Are Being Requested, And A Written Solicitation Document Will Not Be Issued. this Solicitation Is Issued As An Rfq. The Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2025-01. this Solicitation Is Set-aside For 100% For Small Business Concerns Iaw Far 19.502-2, Total Small Business Set-asides. the Associated North American Industrial Classification System (naics) Code For This Procurement Is 541380, With A Small Business Size Standard Of $19.0 Million. The Fsc/psc Is Q301. va Loma Linda Healthcare System (vallhcs) Located At 11201 Benton St, Loma Linda, Ca 92357 Is Seeking A Potential Qualified Contractor That Can Provide Inspection & Certification Of Fume Hoods, Ventilators, Biological Safety Cabinets, And Isolators. all Interested Entities Shall Provide Quotations For The Following: title: va Loma Linda Healthcare System (vallhcs) Inspection & Certification Of Fume Hoods, Ventilators, Biological Safety Cabinets, And Isolators. background Information: vallhcs Provides High Quality Care While Ensuring The Safety Of Its Staff, Patients, And Visitors. A Critical Component Of This Commitment Involves Ensuring That All Fume Hoods, Ventilators, Biological Safety Cabinets, And Isolators Within The Va Facilities Are Functioning Optimally And Meet Applicable Regulatory Standards. Regular Inspection And Certification Of This Equipment Are Essential For Supporting Clinical, Research, And Pharmaceutical Operations While Protecting Personnel And The Environment From Hazardous Materials. objectives: the Objective Of This Contract Is To Engage A Certified Contractor With Proven Expertise To Provide Monthly, Bi-annual Inspections, Certification, Testing And Maintenance Services For All Fume Hoods, Ventilators, Biological Safety Cabinets, Viable Particle Surface And Air Sampling And Analysis For Medium Risk Facilities And Isolators Within The Vallhs Facilities. The Contractor Will Ensure All Equipment Meets Or Exceeds Current Regulatory And Safety Standards, Including But Not Limited To Those Set By The National Fire Protection Association (nfpa), Occupational Safety And Health Administration (osha), And U.s Pharmacopeia (usp) scope: the Contractor Shall Provide All Parts Labor, Transportation, Equipment, Supervision, And Certified Personnel To Perform On-site Bi-annual And Monthly Inspections And Certifications Of Government-owned Fume Hoods, Ventilation Devices, Biological Safety Cabinets (bsc), Laminar Flow Devices, Isolators, Biosafety Hazard Hoods, Sterile Workbenches, Radiation safety Hoods, Buffer, Ante Spaces, And Pharmacy Clean Rooms (see Section 6.1). The Contractors Shall Be Responsible For Removing Or Disposing Of Hazmat. the Contractor Shall Provide Bi-annual Or Monthly Inspections, Certifications And Testing On The Equipment Listed Below: manufacturer type s/n item Number location labonco 3620904 020119684e 26754 2c05 lab Equip Co h7-48 h7-48h 40092 2c05 lab Equip Co h7-48g h7-48g unk 2c07 labonco 36209-00 247536 40138 2c07 fisher fb-pcr2 1591080398158 41427 2c22 lab Equip Co h7-48d h7-48d 40096 2c24 lab Equip Co h7-48e h7-48e 40094 2c22 lab Equip Co h7-48c h7-48c 40095 2c25 lab Equip Co h7-48b h7-48b 40097 2c26 labonco premier 160729357b unk 2c27 labonco premier 160729358b unk 2c28 labonco 3440000 070976549 39977 2c29 labonco premier 160729356b unk 2c30 lab Equip Co h7-48s h7-48s 40112 3c28 lab Equip Co h7-48r h7-48r 40111 3c27 labonco h7-48cc h7-48cc 40122 4c22b forma Scientific 1284 18565-370 45031 4c22b labonco 36209-08 257688 16334 4c22b lab Equip Co h7-48aa h7-48aa 40124 4c25 lab Equip Co h7-48v h7-48v unk 4c02 labonco 36209-00 214517 9615 4c02 lab Equip Co h7-48u h7-48u 40118 4c03 lab Equip Co h7-48y h7-48y unk 4c04 labonco 3620904 010916879e 45029 4c04 lab Equip Co h7-48w h7-48w unk 4c05 usa Scientific ac648lfuvc 42337 44237 4c05 lab Equip Co h7-48x h7-48x 40121 4c06 fisher Scientific pcr - unk 4c06 mopec - me400l09002 45782 1b25 lab Equip Co h7-48z h7-48z 6946 4c07 labonco 3440000 070976500 39976 4c07 bmc 6315-08 1dla-26 45027 1b28 labonco 3440809 080891842b 45030 4c07 lab Equip Co h3-72 143-72 45022 1b49 labonco 36209-01 192918 8742 4c07 labgard nv-629-600 12697011108 43090 1b28c bmc 6315-08 1llb-38 45018 1b51a bmc 6315-08 1llb-28 45019 1b51a bmc 6315-08 1llc-2 45020 1b51h bmc 6315-08 1llb-15 45017 1b50a bmc 6315-08 1llb-9 45016 1b50 bmc 6315-08 1lla-21 45015 1b50 labgard nv-629-600 126966111008 43091 1b30 labgard nv-629-600 126965111008 43092 1b21 labgard nv-629-600 126971111008 43090 1b22 labgard nv-629-600 126967111008 43093 1b22 nuaire nv-612-spec 80565103002 45023 1b23 nuaire nv-602-400 11674091301 40299 1b22 labonco 36209-04 990906254 28319 1b25 germfree lfgi-6usp 65-15-lug-16441 pharmacy-67087 2c-125 Cancer Center germfree lfgi-6usp 65-15-lug-1644o pharmacy-67088 2c-125 Cancer Center baker Company egb-6252 67642 pharmacy-40255 1c-27 Main baker Company egb-6252 67643 pharmacy-40168 1c-27 Main germfree lfgi-6usp 6s-15-lgu-13405 pharmacy-41505 4c-31 Main germfree lfgi-4usp 4s-15-lgu-13340 pharmacy-41506 4c-31 Main hazardous- bbf-3ssrx 3s-15-br-16215 pharmacy-trailer iv-trailer hazardous- bbf-3ssrx 3s-15-br-16216 pharmacy-trailer iv-trailer non-hazardous bvbi-3ssrx 3s-15-bvbi-16217 pharmacy-trailer iv-trailer non-hazardous bvbi-3ssrx 3s-15-bvbi-16218 pharmacy-trailer iv-trailer contractor Shall Perform The Following Testing: bi-annual down Flow Velocity inflow Velocity airflow Smoke Pattern Test hepa Filter Leakage static Pressure Reading (unit & Duct) site Assessment environmental Conditions For Temperature, Humidity, And Pressure smoke Test Pattern. airborne Non-viable Particle Counting Monthly viable Particle Surface And Air Sampling And Analysis For Medium Risk Facilities contractor Shall Provide A Field Service Report (fsr) Via Email To The Contracting Officer Representative (cor Within Ten (10) Days Of Completed Service. Contractor Shall Provide The Fallowing Information: type Of Equipment (i.e. Fume Hood) manufacture model Number class (i.e. Aii) serial Number va Equipment Entry (ee) Number building And Room The Equipment Is Located In. test Date. pass Or Fail date Of Next Inspection the Contractor Shall Revalidate The Data If Any Equipment Is Added Or Removed. the Contractor Shall Affix Label To Each Unit That Passes Certification. The Contractor Shall Affix Labels On The Day The Inspection Was Passed Or The Certification Date. The Contractor Shall Provide Label That Includes: company Name mailing Address telephone Number. certificate Name ( Certificate Of Environmental Compliance To Cal Or Osha And Nfs Standard No.49 ) equipment Manufacture equipment Name inspection Date date Of Next Inspection signature Of Inspector full Printed Name Of Inspector status: Certified unit Id Number From Contract the Contractor Shall Affix Label To Each Unit That Fails Certification. The Contractor Shall Affix Labels On The Day Od The Failed Inspection Or Certification. The Contractor Shall Provide Label That Includes: company Name mailing Address telephone Number. equipment Manufacture equipment Name inspection Date signature Of Inspector full Printed Name Of Inspector status: Failed unit Id Number From Contract contractor Shall Submit A Written Statement Of Repairs Needed (to Be Referred To As Failed Inspection Report), Including An Itemized Listing Of Parts Deemed Necessary To Certify The Unit. This Must Be Submitted To The Cor Prior To Leaving The Facility On The Day Of Attempted Certification. This Information Must Be Written In Detail So That The Cor May Pass It To A Repair Contractor (if Selected To Be Different From The Certification Contractor) Thus Enabling This Other Contractor To Bring All Materials And Parts Needed At The Time Of Service To Effect Repairs Rendering The Unit Certifiable. if A Hood Is Deemed Non-repairable, Not Meeting Industry Standards, And Failing The Test Requirements, The Contractor Shall Provide The Cor With The Failed Inspection Report Outlining Specific Non-repairable/replaceable Parts That Prevents Certification On The Same Day Of The Inspection. The Contractor Shall Notify The Cor Verbally And Through A Written Report Of Any Equipment Not Being Repaired To The Cor Prior To Leaving The Government Premises. emergency Line Item - Over And Above Repairs. over And Above Repairs - For The Emergency Services, Repairs And Maintenance That Are Over And Above The Sow, If Quote Pricing Is Within The Cor S Government Purchase Card (gpc) Threshold, The Cor Will Authorize Payment. For Emergencies Over The Cor S Gpc Threshold, Only The Contracting Officer (co) Is Authorized To Approve Contract Modifications. Additional Services Shall Be Approved By The Contracting Officer Prior To The Contractor Initiating Any Work. The Contractor Shall Provide An On Schedule- Quote To Both The Co And Cor For Review And Consideration. Additional Funding Will Be Provided By The Facility As Needed For Payment. training the Contractor Personnel Performing Inspection And Certification Services Shall Be Fully Accredited And Certified To Conduct Test, Evaluations And Certification Of The Equipment Assigned. the Contractor Personnel Shall Have Validated Certification Of Accreditation From National Sanitation Foundation (nsf) International: Biohazard Cabinet Field Certifier Accreditation Program. The Certificate Of Accreditation Shall Specify The Initial And Expiration Dates And This Certification Shall Be Verifiable On The Nsf Website And Shall Be Provided To The Cor Ten (10) Days Fallowing Award. the Contractor Shall Be Required To Update Accredited Contractor Personnel Certifications Throughout The Life Of The Contract As Changes Occur To Staff. New Employee Credentials Of Accreditation For Equipment On Contract And Training Certificates Must Be Submitted And Approved By The Cor Prior To The Employee Commencing Any Work On This Contract. inspections the Contractor Shall Perform Inspections Bi-annually. Inspections, Certifications, And Testing Are To Be Completed Within The First Fifteen (15) Working Days Of Each Scheduled Service. inspections Shall Be Mutually Agreed Upon By The Cor And Contractor Thirty (30) Days Prior To The Inspection. the Contractor Is Responsible For Complying With The Inspection Schedules. period Of Performance: 30 Days From Performance Start Date. Work May Be Scheduled During The Day Or Night (depending On Load Demand), Monday Thru Friday And/or Saturday Thru Sunday. daytime Hours: 6 Am To 4 Pm evening Hours: 4 Pm To 4 Am contractor Shall Initiate Work Within 2 Weeks Of Being Contacted By The Designated Contracting Officer S Point Of Contact (poc) Or Designee. Work Shall Be Scheduled Through The Poc Or Designee, Who Will Coordinate With Vallhcs Staff. Timelines Are Subject To Change Due To Vallhcs Operational Requirements. place Of Performance: Main Hospital Va Loma Linda 11201 Benton St. Loma Linda, Ca 92357 licensing Requirements: offeror Must Possess A 30-hour Occupational Safety And Health Administration (osha) Safety Card. ansi Certification Of Accreditation iso/iec 17025:2017 Calibration And Testing specific Requirements: contractor Shall Schedule Start Date With Poc Or Designee Five (5) Business Days In Advance. the Contractor Shall Provide Bi-annual Or Monthly Inspection, Certifications, And Testing On The Equipment Listed. contactor Personnel Shall Have Valid Loma Linda Piv Badges Before Starting Work. contractor Shall Coordinate Energy Source Lock Out /tag Out Procedures With Vallhcs Hvac Supervisor Before Starting Work. When Work Is Complete, Contractor Shall Notify The Vallhcs Hvac Supervisor That Energy Sources Will Be Restored And Require Verification. contractor S Supervisor Or Lead Technician Are To Check In With Vallhcs Hvac Supervisor, Or In Their Absence, With Graphics Control Prior To Work Each Day. contractor Shall Conform To The Following Standards, Policies, Regulations, Governing Agency, And Any Other Local, State, Or Federal Guidelines That Are Not Listed Here. osha 29cfr Regulations, Www.osha.gov nfpa 99, Www.nfpa.org california Administration Code. Title 8 nsf/ansi 49 cdc/nih Biosafety In Microbiological And Biomedical Laboratories,4th Ed, May 1999 nih Guidelines For Research Involving Recombinant Dna Molecules, January 2001 american Society Of Hospital Pharmacists Technical Bulletin On Handling Cytotoxic Drug In Hospital food And Drug Administration joint Commission cal/osha 5154 international Organization For Standardization (iso0 Class5,7, And 8 Criteria) iso 17025 And 14644 cag-003 And Cag-009 iest-rp-cc002 united States Pharmacopeias (usp) 797, (usp) 800 And 116 authorized Services: only Those Services Specified Herein Are Authorized Under This Contract. Before Permitting And/or Performing Any Service Of A Non-contract Nature, The Contractor Shall Advise The Co Of The Reason (s) For The Additional Work And/or Service. The Contractor Is Cautioned That Only The Co Or His/her Designee May Authorize Additional Service That Are Within The Scope Of This Contract And That Reimbursement Shall Not Be Made Unless Prior Authorization Is Obtained From The Co. All Changes To The Contract Shall Be Issued Through A Contract Modification In Writing From The Co To The Contractor. delegation Of Authority: no Additional Service Shall Be Provided Without The Approval From The Contracting Officer (co) Or His/her Designee Of This Contract. The Contractor Shall Not Accept Any Instructions Issued By Any Other Person(s) Other Than The Co Or His/her Delegated Representative Acting Within The Limits Of His/her Authority. government-furnished Equipment (gfe) Government Furnished Information (gfi): No Government Equipment Will Be Used By The Vendor. recognized Holidays: the Following Is A List Of All Government Recognized Holidays: in Accordance With 5 U.s.c. 6103, Executive Order 11582 And Public Law 94-97 The Following National Holidays Are Observed And For The Purpose Of This Contract Are Defined As Legal Federal Official Holidays : new Year S Day: January 1 martin Luther King S Birthday: Third Monday In January president S Day: Third Monday In February memorial Day: Last Monday In May juneteenth Independence Day: June 19 independence Day: July 4 labor Day: First Monday In September columbus Day: Second Monday In October veterans Day: November 11 thanksgiving Day: Fourth Thursday In November christmas Day: December 25 If A Holiday Falls On Sunday, The Following Monday Shall Be Observed As The Legal Holiday. When A Holiday Falls On A Saturday, The Preceding Friday Is Observed As A Legal Holiday By U.s. Government Agencies. Also Included, Would Be Any Other Day Specifically Declared By The President Of The United States Of America To Be A National Holiday. contractor Employees And Badges: Contractor Personnel Shall Present A Neat Appearance And Be Easily Recognized As Contractor Employees. Examples: Wearing Of Distinctive Clothing Such As Uniform, Badges, Patches, Etc. all Contractor Personnel Shall Be Required To Wear Va Always Provided Identification (i.d.) Badges Above The Waist While On The Va Grounds. Contractor Shall Be Required To Coordinate With The Cor To Obtain The Va Provided I.d. Badges For All Staff. All Va Provided I.d. Badges Shall Be Returned At The End Of The Contract Or Upon Completion Of Service. Failure To Wear Id Badges May Result In Removal From Any Of The Va Facilities And/or Otherwise Referred To Government Property. safety And Ppe Equipment: Personal Protective Equipment Shall Be Provided For Each Contractor Employee By The Contractor. Possession Of Weapons Are Prohibited. smoking And Vaping Policies: Smoking And Vaping Are Prohibited On Government Property. parking: it Is The Responsibility Of Contractor Personnel To Park Only In Designated Parking Areas. Parking Information Is Available From The Va Security Service. The Va Shall Not Invalidate Or Make Reimbursement For Parking Violations Of The Contractor's Personnel Under Any Circumstances. complaints: contractor Shall Promptly And Courteously Respond To Complaints Within Three (3) Working Days To The Cor. Including Complaints Brought To The Contractor S Attention By The Co. Contractor Shall Maintain A Written Record Of All Complaints, Both Written And Oral Showing The Identity Of The Individual, The Nature Of The Complaint, And Contractor S Response. Contractor Shall Permit The Government To Inspect The Written Records Of Complaints Upon Reasonable Notice From The Co. required Submittals With Quotes Shall Include Following: proof Of: offeror Must Possess A 30-hour Occupational Safety And Health Administration (osha) Safety Card. ansi Certification Of Accreditation iso/iec 17025:2017 Calibration And Testing the Contract Period Of Performance Is 2-5-2025 1-31-2030, With An Fop Of Destination. place Of Performance/place Of Delivery: va Loma Linda Healthcare System 11201 Benton St loma Linda, Ca 92357 the Full Text Of Far Provisions Or Clauses May Be Accessed Electronically At Http://acquisition.gov/comp/far/index.html. the Following Solicitation Provisions Apply To This Acquisition: far 52.212-1, Instructions To Offerors Commercial Products And Commercial Services far 52.212-3, Offerors Representations And Certifications Commercial Products And Commercial Services offerors Must Complete Annual Representations And Certifications Electronically Via The System For Award Management (sam) Website Located At Https://www.sam.gov/portal In Accordance With Far 52.212-3, Offerors Representations And Certifications Commercial Products And Commercial Services. If Paragraph (j) Of The Provision Is Applicable, A Written Submission Is Required. the Following Contract Clauses Apply To This Acquisition: far 52.212-4, Contract Terms And Conditions Commercial Products And Commercial Services (dec 2022). addendum To Far 52.212-4, Contract Terms And Conditions-commercial Products And Commercial Services Applies To And Is Included With This Acquisition. far 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Products And Commercial Services (sep 2023). the Following Subparagraphs Of Far 52.212-5 Are Applicable: (b)(4), (5), (9), (11), (12), (18), (26), (31), (33), (34), (35), (36), (37), (39), (40), (55), (63), (c)(1), (2), (7), (8). all Invoices From The Contractor Shall Be Submitted Electronically In Accordance With Vaar Clause 852.232-72 Electronic Submission Of Payment Requests. This Is Accomplished Through The Tungsten Network Located At: Http://www.fsc.va.gov/einvoice.asp. This Is Mandatory And The Sole Method For Submitting Invoices. all Quoters Shall Submit The Following: All Information Required By Far 52.212-1(b) Submission Of Offers. all Quotes Shall Be Sent To The Network Contracting Office (nco): Koby.thiel@va.gov. award Will Be Based Upon A Comparative Evaluation Of Quotes In Accordance With The Simplified Acquisition Procedures Of Far 13. Comparative Evaluation Is The Side By Side Pairwise Comparison Of Quotes Based On Factors Resulting In A Contracting Officer Decision For The Quote Most Favorable To The Government. the Following Are The Decision Factors: Price, And Past Performance, With Price More Important. past Performance Will Be Based On Cpars And Fapiis Ratings. No Rating In Cpars Is Equal To A Neutral Rating. the Award Will Be Made To The Response Most Advantageous To The Government. responses Should Contain Your Best Terms, Conditions. to Facilitate The Award Process, All Quotes Must Include A Statement Regarding The Terms And Conditions Herein As Follows: "the Terms And Conditions In The Solicitation Are Acceptable To Be Included In The Award Document Without Modification, Deletion, Or Addition." or "the Terms And Conditions In The Solicitation Are Acceptable To Be Included In The Award Document With The Exception, Deletion, Or Addition Of The Following:" quoters Shall List Exception(s) And Rationale For The Exception(s), If Any. questions Shall Be Received Not Later Than 01-29-2025, 8:00 Am Mst At Koby.thiel@va.gov Only. Subject Line Should Include Response To Rfq 36c26225q0366. final Submission Of Your Response Shall Be Received Not Later Than 02-03-2025, 8:00 Am Mst At Koby.thiel@va.gov Only. Subject Line Should Include Response To Rfq 36c26225q0366. submissions Shall Include Your Quote As Well As A Capabilities Statement With Qualifications Proving All Certifications And Education Required For The Work Being Conducted In The Sow. Submissions Not Meeting All Requirements Of The Sow Will Be Considered Ineligible For Award. late Submissions Shall Be Treated In Accordance With The Solicitation Provision At Far 52.212-1(f). all Quotes Regarding This Solicitation Should Be Forwarded In Writing Via E-mail To The Point Of Contact Listed Below. koby.thiel@va.gov

Closing Date3 Feb 2025

Tender AmountRefer Documents

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City Of Dobruska Tender

Software and IT Solutions

Czech Republic

Details: The subject of the contract is the supply of new Hw and Sw for the modernization of the Technology Center (in particular): - Servers incl. Accessories (management Server, Host Server), - Backup Tape Library, - Disk Array, - Infrastructure Monitoring, - Virtualization Software, - Software License Set, - Backup Software, - Security Software, - Ndr - Network Detection And Response, - Log Management , - Installation, Implementation And Configuration. The Subject of the Public Contract is specified in more detail in Appendix No. 1 Tender Documentation ("technical specification") AND in Appendix No. 6 Tender Documentation ("binding Text of the Contract for the Supply of Hardware and Software and the Provision of Related Services"). The components of the subject of the Public Contract and thus also the bid prices for its fulfillment are, in particular, but not exclusively: - Transportation of the subject of the Public Contract to the place of fulfillment, its unpacking and inspection, - Installation of equipment at the place of fulfillment and putting it into full operation, which includes its testing And verifying the correct function, possibly setting it up and performing other actions necessary for it The equipment was able to fulfill the agreed or usual purpose and at the same time was fully in accordance with the existing environment of the client (see Appendix No. 12 of the tender documentation), - Delivery of the necessary accessories of the equipment, - Delivery of technical documentation, and this in English (or Czech as well, will be- li Officially Available) AND IN THE RANGE AND PERFORMANCE WHICH WILL ENABLE PROBLEM-FREE OPERATION OF THE EQUIPMENT AND COMMISSIONING, PERMANENT Operation And Its Maintenance, - Training of 2 employees of the Client in the operation and maintenance of the equipment in the range of 16 hours on the delivered equipment at the place of fulfillment.

Closing Date6 Jan 2025

Tender AmountCZK 7.5 Million (USD 306.2 K)

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BARANGAY SAN CARLOS, TUKURAN, ZAMBOANGA DEL SUR Tender

Philippines

Details: Description Philippine Bidding Documents (as Harmonized With Development Partners) Purchase & Installation Of 5kw Hybrid Solar System Government Of The Republic Of The Philippines Fifth Edition October 2016 Preface These Philippine Bidding Documents (pbds) For The Procurement Of Goods Through Competitive Bidding Have Been Prepared By The Government Of The Philippines (gop) For Use By All Branches, Agencies, Departments, Bureaus, Offices, Or Instrumentalities Of The Government, Including Government-owned And/or -controlled Corporations (goccs), Government Financial Institutions (gfis), State Universities And Colleges (sucs), And Local Government Units (lgus) And Autonomous Regional Government. The Procedures And Practices Presented In This Document Have Been Developed Through Broad Experience, And Are For Mandatory Use In Projects That Are Financed In Whole Or In Part By The Gop Or Any Foreign Government/foreign Or International Financing Institution In Accordance With The Provisions Of The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184. The Bidding Documents Shall Clearly And Adequately Define, Among Others: (a) The Objectives, Scope, And Expected Outputs And/or Results Of The Proposed Contract; (b) The Eligibility Requirements Of Bidders, Such As Track Record To Be Determined By The Head Of The Procuring Entity; (c) The Expected Contract Duration, The Estimated Quantity In The Case Of Procurement Of Goods, Delivery Schedule And/or Time Frame; And (d) The Obligations, Duties, And/or Functions Of The Winning Bidder. In Order To Simplify The Preparation Of The Bidding Documents For Each Procurement, The Pbds Groups The Provisions That Are Intended To Be Used Unchanged In Section Ii. Instructions To Bidders (itb) And In Section Iv. General Conditions Of Contract (gcc). Data And Provisions Specific To Each Procurement And Contract Should Be Included In Section Iii. Bid Data Sheet (bds); Section V. Special Conditions Of Contract (scc); Section Vi. Schedule Of Requirements; Section Vii. Technical Specifications, And Section Ix. Foreign-assisted Projects. The Forms To Be Used Are Provided In Section Viii. Bidding Forms. Care Should Be Taken To Check The Relevance Of The Provisions Of The Pbds Against The Requirements Of The Specific Goods To Be Procured. In Addition, Each Section Is Prepared With Notes Intended Only As Information For The Procuring Entity Or The Person Drafting The Bidding Documents. They Shall Not Be Included In The Final Documents, Except For The Notes Introducing Section Viii. Bidding Forms Where The Information Is Useful For The Bidder. The Following General Directions Should Be Observed When Using The Documents: (a) All The Documents Listed In The Table Of Contents Are Normally Required For The Procurement Of Goods. However, They Should Be Adapted As Necessary To The Circumstances Of The Particular Project. (b) Specific Details, Such As The “name Of The Procuring Entity” And “address For Bid Submission,” Should Be Furnished In The Itb, Bds, And Scc. The Final Documents Should Contain Neither Blank Spaces Nor Options. (c) This Preface And The Footnotes Or Notes In Italics Included In The Invitation To Bid, Bds, Scc, Schedule Of Requirements, And Specifications Are Not Part Of The Text Of The Final Document, Although They Contain Instructions That The Procuring Entity Should Strictly Follow. The Bidding Documents Should Contain No Footnotes Except Section Viii. Bidding Forms Since These Provide Important Guidance To Bidders. (d) The Cover Should Be Modified As Required To Identify The Bidding Documents As To The Names Of The Project, Contract, And Procuring Entity, In Addition To Date Of Issue. (e) If Modifications Must Be Made To Bidding Requirements, They Can Be Presented In The Bds. Modifications For Specific Project Or Contract Details Should Be Provided In The Scc As Amendments To The Conditions Of Contract. For Easy Completion, Whenever Reference Has To Be Made To Specific Clauses In The Bds Or Scc These Terms Shall Be Printed In Bold Type Face On Section I. Instructions To Bidders And Section Iii. General Conditions Of Contract, Respectively. Table Of Contents Section I. Invitation To Bid 5 Section Ii. Instructions To Bidders 9 Section Iii. Bid Data Sheet 40 Section Iv. General Conditions Of Contract 46 Section V. Special Conditions Of Contract 63 Section Vi. Schedule Of Requirements 71 Section Vii. Technical Specifications 72 Section Viii. Bidding Forms 75 Section Ix. Foreign-assisted Projects 89 Section I. Invitation To Bid Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website, The Website Of The Procuring Entity Concerned, If Available, And The Website Prescribed By The Foreign Government/foreign Or International Financing Institution, If Applicable, For Seven (7) Calendar Days Starting On The Date Of Advertisement; (b) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned For Seven (7) Calendar Days, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned; And (c) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Section 21.2.1(c) Of The Irr Of Ra 9184 . Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bid Is First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids; (b) The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded; (c) The Deadline For The Submission And Receipt Of Bids; And (d) Any Important Bid Evaluation Criteria (e.g., The Application Of A Margin Of Preference In Bid Evaluation). The Invitation To Bid Should Be Incorporated In The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. For Foreign-assisted Projects, The Invitation To Bid To Be Used Is Provided In Section Ix-foreign-assisted Projects. Invitation To Bid For Purchase & Installation Of 5kw Hybrid Solar System 1. The Local Government Unit Of Barangay San Carlos Tukuran, Zds, Through The Local Funds (20%) Intends To Apply The Sum Of Php 397,000.00 Being The Approved Budget For The Contract (abc) To Payments Under The Contract Purchase & Installation Of 5kw Hybrid Solar System . Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Bids And Awards Committee Of The Local Government Unit Of Barangay San Carlos , Tukuran, Zds Now Invites Bids For Purchase & Installation Of 5kw Hybrid Solar System . Delivery Of The Goods Is Required As Stated In Schedule Of Deliveries. Bidders Should Have Completed, Within 15 Days From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instructions To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra 5183. 4. Interested Bidders May Obtain Further Information From Bids And Awards Committee Of The Local Government Unit Of Barangay San Carlos Tukuran, Zds And Inspect The Bidding Documents At The Address Given Below During 9:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 23,2025 From The Address Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Php 397,000.00. 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 Applicable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. The Bids And Awards Committee Of The Local Government Unit Of Barangay San Carlos Tukuran, Zds Will Hold A Pre-bid Conference On 1:30pm Of January 9,2025 At Barangay San Carlos Session Hall ,tukuran, Zamboanga Del Sur, Which Shall Be Open To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat At The Address Below On Or Before 5:pm Of January 21,2025 All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 18. Bid Opening Shall Be On (9:00 Am At Barangay San Carlos Session Hall , Tukuran, Zamboanga Del Sur. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. The Local Government Unit Of Barangay San Carlos, Tukuran, Zds Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Section 41 Of Ra 9184 And Its Irr, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 9. For Further Information, Please Refer To: Joan R. Guevarra Office Of The Bac Secretariat Municipal Hall Tukuran, Zds 09500993818 Joel N. Cabrales Bac Chairperson Section Ii. Instructions To Bidders Notes On The Instructions To Bidders This Section Of The Bidding Documents Provides The Information Necessary For Bidders To Prepare Responsive Bids, In Accordance With The Requirements Of The Procuring Entity. It Also Provides Information On Bid Submission, Eligibility Check, Opening And Evaluation Of Bids, Post-qualification And On The Award Of Contract. This Section Also Contains Provisions That Are To Be Used Unchanged. Section Iii Consists Of Provisions That Supplement, Amend, Or Specify In Detail, Information Or Requirements Included In Section Ii Which Are Specific To Each Procurement. Matters Governing Performance Of The Supplier, Payments Under The Contract, Or Matters Affecting The Risks, Rights, And Obligations Of The Parties Under The Contract Are Not Normally Included In This Section, But Rather Under Section Iv. General Conditions Of Contract (gcc), And/or Section V. Special Conditions Of Contract (scc). If Duplication Of A Subject Is Inevitable In Other Sections Of The Document Prepared By The Procuring Entity, Care Must Be Exercised To Avoid Contradictions Between Clauses Dealing With The Same Matter. Table Of Contents A. General 12 1. Scope Of Bid 12 2. Source Of Funds 12 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 12 4. Conflict Of Interest 13 5. Eligible Bidders 15 6. Bidder’s Responsibilities 16 7. Origin Of Goods 18 8. Subcontracts 18 B. Contents Of Bidding Documents 19 9. Pre-bid Conference 19 10. Clarification And Amendment Of Bidding Documents 19 C. Preparation Of Bids 20 11. Language Of Bid 20 12. Documents Comprising The Bid: Eligibility And Technical Components 20 13. Documents Comprising The Bid: Financial Component 22 14. Alternative Bids 23 15. Bid Prices 23 16. Bid Currencies 24 17. Bid Validity 25 18. Bid Security 25 19. Format And Signing Of Bids 28 20. Sealing And Marking Of Bids 28 D. Submission And Opening Of Bids 29 21. Deadline For Submission Of Bids 29 22. Late Bids 29 23. Modification And Withdrawal Of Bids 29 24. Opening And Preliminary Examination Of Bids 30 E. Evaluation And Comparison Of Bids 32 25. Process To Be Confidential 32 26. Clarification Of Bids 32 27. Domestic Preference 32 28. Detailed Evaluation And Comparison Of Bids 33 29. Post-qualification 34 30. Reservation Clause 35 F. Award Of Contract 36 31. Contract Award 36 32. Signing Of The Contract 37 33. Performance Security 37 34. Notice To Proceed 38 35. Protest Mechanism…………………………………………………………………37 General Scope Of Bid The Procuring Entity Named In The Bds Invites Bids For The Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications. The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. Source Of Funds The Procuring Entity Has A Budget Or Has Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. Corrupt, Fraudulent, Collusive, And Coercive Practices Unless Otherwise Specified In The Bds, The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: 1. Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows: A. “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019. B. “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. C. “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. D. “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; E. “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. 2. Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. Conflict Of Interest All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: 3. A Bidder Has Controlling Shareholders In Common With Another Bidder; 4. A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; 5. A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; 6. 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; 7. 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; 8. 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 9. A Bidder Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 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 (hope), 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: 10. If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; 11. If The Bidder Is A Partnership, To All Its Officers And Members; 12. If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; 13. If The Bidder Is A Cooperative, To All Its Officers, Directors, And Controlling Shareholders Or Members; And 14. If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), (c), Or (d) 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. Eligible Bidders Unless Otherwise Provided In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: 15. Duly Licensed Filipino Citizens/sole Proprietorships; 16. Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; 17. Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; 18. Cooperatives Duly Organized Under The Laws Of The Philippines; And 19. Persons/entities Forming Themselves Into A Joint Venture (jv), I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Jv Concerned Shall Be At Least Sixty Percent (60%). Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds: 20. When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of Ra 9184 And Its Irr Allow Foreign Bidders To Participate; 21. Citizens, Corporations, Or Associations Of A Country, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; 22. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or 23. When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. Government Owned Or –controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. Unless Otherwise Provided In The Bds, The Bidder Must Have Completed A Single Largest Completed Contract (slcc) Similar To The Project And The Value Of Which, Adjusted, If Necessary, By The Bidder To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(ii). The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc), Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (15)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started, Coinciding With The Contract To Be Bid. The Values Of The Domestic Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir. For Purposes Of Computing The Foreign Bidders’ Nfcc, The Value Of The Current Assets And Current Liabilities Shall Be Based On Their Audited Financial Statements Prepared In Accordance With International Financial Reporting Standards. If The Prospective Bidder Opts To Submit A Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abc To Be Bid. If Issued By A Foreign Universal Or Commercial Bank, It Shall Be Confirmed Or Authenticated By A Local Universal Or Commercial Bank. Bidder’s Responsibilities The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Viii. Bidding Forms As Required In Itb Clause 12.1(b)(iii). The Bidder Is Responsible For The Following: 24. Having Taken Steps To Carefully Examine All Of The Bidding Documents; 25. Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; 26. Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; 27. Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.4. 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; 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; Authorizing The Hope Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; 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; Complying With The Disclosure Provision Under Section 47 Of Ra 9184 And Its Irr In Relation To Other Provisions Of Ra 3019; Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services; Moreover, Bidder Undertakes To: Ensure The Entitlement Of Workers To Wages, Hours Of Work, Safety And Health And Other Prevailing Conditions Of Work As Established By National Laws, Rules And Regulations; Or Collective Bargaining Agreement; Or Arbitration Award, If And When Applicable. In Case There Is A Finding By The Procuring Entity Or The Dole Of Underpayment Or Non-payment Of Workers’ Wage And Wage-related Benefits, Bidder Agrees That The Performance Security Or Portion Of The Contract Amount Shall Be Withheld In Favor Of The Complaining Workers Pursuant To Appropriate Provisions Of Republic Act No. 9184 Without Prejudice To The Institution Of Appropriate Actions Under The Labor Code, As Amended, And Other Social Legislations. Comply With Occupational Safety And Health Standards And To Correct Deficiencies, If Any. In Case Of Imminent Danger, Injury Or Death Of The Worker, Bidder Undertakes To Suspend Contract Implementation Pending Clearance To Proceed From The Dole Regional Office And To Comply With Work Stoppage Order; And Inform The Workers Of Their Conditions Of Work, Labor Clauses Under The Contract Specifying Wages, Hours Of Work And Other Benefits Under Prevailing National Laws, Rules And Regulations; Or Collective Bargaining Agreement; Or Arbitration Award, If And When Applicable, Through Posting In Two (2) Conspicuous Places In The Establishment’s Premises; And Ensuring That It Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 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. The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Applicable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. Origin Of Goods Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. Subcontracts Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 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 Goods Shall Be Disallowed. The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. Contents Of Bidding Documents Pre-bid Conference (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 And Receipt Of Bids, But Not Earlier Than Seven (7) Calendar Days From The Posting Of The Invitation To Bid/bidding Documents In The Philgeps Website. 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. 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.the Minutes Of The Pre-bid Conference Shall Be Recorded And Prepared Not Later Than Five (5) Calendar Days After The Pre-bid Conference. The Minutes Shall Be Made Available To Prospective Bidders Not Later Than Five (5) Days Upon Written Request. 9.3 Decisions Of The Bac Amending Any Provision Of The Bidding Documents Shall Be Issued In Writing Through A Supplemental/bid Bulletin At Least Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such 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. The Bac Shall Respond To The Said Request By Issuing A Supplemental/bid Bulletin, To Be Made Available To All Those Who Have Properly Secured The Bidding Documents, At Least Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Supplemental/bid Bulletins May Also 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. Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted In The Philgeps And The Website Of The Procuring Entity Concerned, If Available, And At Any Conspicuous Place In The Premises Of The Procuring Entity Concerned. It Shall Be The Responsibility Of All Bidders Who Have Properly Secured 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. Preparation Of Bids Language Of Bids The Eligibility Requirements Or Statements, The Bids, And All Other Documents To Be Submitted To The Bac Must Be In English. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents Submitted To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation Of The Documents In English. The Documents Shall Be Translated By The Relevant Foreign Government Agency, The Foreign Government Agency Authorized To Translate Documents, Or A Registered Translator In The Foreign Bidder’s Country; And 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. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. Documents Comprising The Bid: Eligibility And Technical Components Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: 28. Eligibility Documents – Class “a” Documents: A. Philgeps Certificate Of Registration And Membership In Accordance With Section 8.5.2 Of The Irr. For Procurement To Be Performed Overseas, It Shall Be Subject To The Guidelines To Be Issued By The Gppb. B. (ii) Statement 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 Statement Of The Bidder’s Slcc Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) Name Of The Contract; (ii.2) Date Of The Contract; (ii.3) Contract Duration; (ii.4) Owner’s Name And Address; (ii.5) Kinds Of Goods; (ii.6) For Statement Of Ongoing Contracts - Amount Of Contract And Value Of Outstanding Contracts; (ii.7) For Statement Of Slcc - Amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa’s Consumer Price Index, If Necessary For The Purpose Of Meeting The Slcc Requirement; (ii.8) Date Of Delivery; And (ii.9) End User’s Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, If Completed, Which Shall Be Attached To The Statements. (iii) Nfcc Computation In Accordance With Itb Clause 5.5 Or A Committed Line Of Credit From A Universal Or Commercial Bank. Class “b” Document: (iv) If Applicable, The Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners In Accordance With Section 23.1(b) Of The Irr. 29. Technical Documents – A. Bid Security In Accordance With Itb Clause 18. If The Bidder Opts To Submit The Bid Security In The Form Of: I. 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 Ii. A Surety Bond, It Shall Be Accompanied By A Certification By The Insurance Commission That The Surety Or Insurance Company Is Authorized To Issue Such Instruments; B. Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And C. Sworn Statement In Accordance With Section 25.3 Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii. Bidding Forms. D. For Foreign Bidders Claiming Eligibility By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos, A Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Their Government Procurement Activities For The Same Item Or Product. Documents Comprising The Bid: Financial Component The Financial Component Of The Bid Shall Contain The Following: 30. Financial Bid Form, Which Includes Bid Prices And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; 31. If The Bidder Claims Preference As A Domestic Bidder, A Certification From The Dti Issued In Accordance With Itb Clause 27, Unless Otherwise Provided In The Bds; And 32. Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. (a) Unless Otherwise Stated 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 Responsible Unit Of The Procuring Entity And That The Estimates 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. (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. 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 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. Bid Prices The Bidder Shall Complete The Appropriate Schedule Of Prices Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Schedule Of Prices. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Schedule Of Prices, 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 Zero (0)or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government, Except Those Required By Law Or Regulations To Be Accomplished. The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: 33. For Goods Offered From Within The Procuring Entity’s Country: A. The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable); B. The Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; C. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And D. The Price Of Other (incidental) Services, If Any, Listed In The Bds. 34. For Goods Offered From Abroad: A. Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. B. The Price Of Other (incidental) Services, If Any, Listed In The Bds. 35. For Services, Based On The Form Which May Be Prescribed By The Procuring Entity, In Accordance With Existing Laws, Rules And Regulations Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 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.upon The Recommendation Of The Procuring Entity, 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 Approval By The Gppb. 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. Bid Currencies Prices Shall Be Quoted In The Following Currencies: 36. For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. 37. For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bangko Sentral Ng Pilipinas (bsp) Reference Rate Bulletin On The Day Of The Bid Opening. If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. Bid Validity 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. 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. Bid Security The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Stated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The Percentage Of The Abc) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. For Biddings Conducted By Blgus, The Cashier’s/manager’s Check May Be Issued By Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. Two Percent (2%) 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. For Biddings Conducted By Blgus, Bank Draft/guarantee, Or Irrevocable Letter Of Credit May Be Issued By Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Five Percent (5%) The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, And Commits To Pay The Corresponding Amount As Fine, And Be Suspended For Aperiod Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 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. 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 Request For Reconsideration And/or Protest, Or Upon The Lapse Of The Reglementary Period To File A Request For Reconsideration Or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid (lcrb) 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. Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. The Bid Security May Be Forfeited: 38. If A Bidder: A. Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; B. Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); C. Has A Finding Against The Veracity Of Any Of The Documents Submitted As Stated In Itb Clause 29.2; D. Submissionof Eligibility Requirements Containing False Information Or Falsified Documents; E. 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; F. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding; G. 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 Lcrb; H. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time; I. 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; J. Any Documented Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor; K. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared Successful; Or L. 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. 39. If The Successful Bidder: A. Fails To Sign The Contract In Accordance With Itb Clause 32; Or B. Fails To Furnish Performance Security In Accordance With Itb Clause 33. Format And Signing Of Bids Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Viii. Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid.this Shall Also Be Observed For Each Lot In The Case Of Lot Procurement. 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. The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. Each And Every Page Of The Bid Form, Including The Schedule Of Prices, Under Section Viii Hereof, Shall Be Signed By The Duly Authorized Representative/s Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. Sealing And Marking Of Bids 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”. 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. The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. All Envelopes Shall: 40. Contain The Name Of The Contract To Be Bid In Capital Letters; 41. Bear The Name And Address Of The Bidder In Capital Letters; 42. Be Addressed To The Procuring Entity’s Bac In Accordance With Itbclause 1.1; 43. Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And 44. Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. Bid Envelopes That Are Not Properly Sealed And Marked, As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. Submission And Opening Of Bids 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. In Case The Deadline For Submission Of Bids Fall On A Non-working Day Duly Declared By The President, Governor Or Mayor Or Other Government Official Authorized To Make Such Declaration, The Deadline Shall Be The Next Working Day. 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. The Bac Shall Record In The Minutes Of Bid Submission And Opening, The Bidder’s Name, Its Representative And The Time The Late Bid Was Submitted. Modification And Withdrawal Of Bids 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 And Properly Identified In Accordance With Itb Clause 20, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Duly Authorized Representative Of The Bidderidentified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder, Who Has Acquired The Bidding Documents, 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. 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. Opening And Preliminary Examination Of Bids The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website And The Website Of The Procuring Entity Concerned. Unless Otherwise Specified In The Bds, The Bac Shall Open The First Bid Envelopes And Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12, 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”. 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 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 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. All Members Of The Bacwho Are Present During Bid Opening Shall Initial Every Page Of The Original Copies Of All Bids Received And Opened. In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Following Class “a” Documents May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned, Which Shall Likewise Be Uploaded And Maintained In The Philgeps In Accordance With Section 8.5.2 Of The Irr: 45. Registration Certificate From The Securities And Exchange Commission (sec), Department Of Trade And Industry (dti) For Sole Proprietorship, Or Cda For Cooperatives; 46. Mayor’s/business Permit Issued By The Local Government Where The Principal Place Of Business Of The Bidder Is Located; And 47. Audited Financial Statements Showing, Among Others, The Prospective Bidder’s Total And Current Assets And Liabilities Stamped “received” By The Bureau Of Internal Revenue Or Its Duly Accredited And Authorized Institutions, For The Preceding Calendar Year Which Should Not Be Earlier Than Two Years From The Date Of Bid Submission. Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clause 12.1(a)(i). Submission Of Documents Required Under Itb Clauses 12.1(a)(ii) To 12.1(a)(iii) By Any Of The Joint Venture Partners Constitutes Compliance. The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price (per Lot, If Applicable, And/or Including Discount, If Any), Bid Security, Findings Of Preliminary Examination, And Whether There Is A Withdrawal Or Modification; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. 24.8 The Bidders Or Their Duly Authorized Representatives May Attend The Opening Of Bids. The Bac Shall Ensure The Integrity, Security, And Confidentiality Of All Submitted Bids. The Abstract Of Bids As Read And The Minutes Of The Bid Opening Shall Be Made Available To The Public Upon Written Request And Payment Of A Specified Fee To Recover Cost Of Materials. 24.9 To Ensure Transparency And Accurate Representation Of The Bid Submission, The Bac Secretariat Shall Notify In Writing All Bidders Whose Bids It Has Received Through Its Philgeps-registered Physical Address Or Official E-mail Address. The Notice Shall Be Issued Within Seven (7) Calendar Days From The Date Of The Bid Opening. Evaluation And Comparison Of Bids Process To Be Confidential Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Case Of Itb Clause 26. 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. 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. Domestic Preference Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: 48. The Preference Shall Be Applied When The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder. 49. For Evaluation Purposes, The Lowest Foreign Bid Shall Be Increased By Fifteen Percent (15%). 50. In The Event That The Lowest Bid Offered By A Domestic Bidder Does Not Exceed The Lowest Foreign Bid As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder At The Amount Of The Lowest Foreign Bid. 51. If The Domestic Bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. Detailed Evaluation And Comparison Of Bids 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. The Lowest Calculated Bid Shall Be Determined In Two Steps: 52. The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And 53. The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 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 Following In The Evaluation Of Bids: 54. Completeness Of The Bid. Unless The Bds Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Schedule Of Prices, 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 Zero (0)or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity, Except Those Required By Law Or Regulations To Be Provided For; And 55. Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 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. The Procuring Entity’s Evaluation Of Bids Shall Be Based On The Bid Price Quoted In The Bid Form, Which Includes The Schedule Of Prices. 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. If So Indicated Pursuant To Itb Clause 1.2, Bids Are Being Invited For Individual Lots Or For Any Combination Thereof, Provided That All Bids And Combinations Of Bids Shall Be Received By The Same Deadline And Opened And Evaluated Simultaneously So As To Determine The Bid Or Combination Of Bids Offering The Lowest Calculated Cost To The Procuring Entity. Bid Prices Quoted Shall Correspond To All Items Specified For Each Lot And To All Quantities Specified For Each Item Of A Lot. Bid Security As Required By Itb Clause 18 Shall Be Submitted For Each Contract (lot) Separately. The Basis For Evaluation Of Lots Is Specified In Bds Clause 28.3. Post-qualification The Bac Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 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 Itslatest 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. Failure To Submit Any Of The Post-qualification Requirements On Time, Or A Finding Against The Veracity Thereof, Shall Disqualify The Bidder For Award. Provided In The Event That A Finding Against The Veracity Of Any Of The Documents Submitted Is Made, It Shall Cause The Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184. The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion, Which Shall Be Completed Within A Period Of Twelve (12) Calendar Days. 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 Lcrb, And Recommend To The Hope The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower. 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 With A Fresh Period 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 Lcrb Is Determined For Recommendation For Contract Award. Within A Period Not Exceeding Fifteen (15) Calendar Days From The Determination By The Bac Of The Lcrb And The Recommendation To Award The Contract, The Hopeor His Duly Authorized Representative Shall Approve Or Disapprove The Said Recommendation. In The Event Of Disapproval, Which Shall Be Based On Valid, Reasonable, And Justifiable Grounds As Provided For Under Section 41 Of The Irr Of Ra 9184, The Hope Shall Notify The Bac And The Bidder In Writing Of Such Decision And The Grounds For It. When Applicable, The Bac Shall Conduct A Post-qualification Of The Bidder With The Next Lowest Calculated Bid. A Request For Reconsideration May Be Filed By The Bidder With The Hope In Accordance With Section 37.1.3 Of The Irr Of Ra 9184. Reservation Clause 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. 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: 56. 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; 57. If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or 58. For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: A. 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 Hope; B. If The Project Is No Longer Necessary As Determined By The Hope; And C. If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: 59. No Bids Are Received; 60. All Prospective Bidders Are Declared Ineligible; 61. All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or The Bidder With The Lcrb Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Madein Accordance With Section 40 Of The Irr Of Ra 9184. Award Of Contract Contractaward Subject To Itb Clause 29, The Hopeor Its Duly Authorized Representative Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 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 Duly Received By The Bidder Or Its Representative Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: 62. Submission Of Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award. 63. Posting Of The Performance Security In Accordance With Itb Clause 33; 64. Signing Of The Contract As Provided In Itb Clause 32; And 65. Approval By Higher Authority, If Required, As Provided In Section 37.3 Of The Irr Of Ra 9184. At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi. Schedule Of Requirements. Signing Of The Contract 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. 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. 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. The Following Documents Shall Form Part Of The Contract: 66. Contract Agreement; 67. Bidding Documents; 68. Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements 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; 69. Performance Security; 70. Notice Of Award Of Contract; And 71. Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Performance Security 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. The Performance Security Shall Be Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity In An Amount Not Less Than The Percentage Of The Total Contract Price In Accordance With The Following Schedule: Form Of Performance Security Amount Of Performance Security (not Less Than The Percentage Of The Total Contract Price) 72. Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank. For Biddings Conducted By The Blgus, The Cashier’s/manager’s Check May Be Issued By Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. Five Percent (5%) 73. 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. For Biddings Conducted By The Lgus, The Bank Draft/guarantee Or Irrevocable Letter Of Credit May Be Issued By Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. 74. Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) 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 Have A Fresh Period To Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Recommendation Of 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, If Necessary. Notice To Proceed Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue The Notice To Proceed (ntp) Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. Protest Mechanism Decisions Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Irr Of Ra 9184. Section Iii. Bid Data Sheet Notes On The Bid Data Sheet Section Iii Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To Corresponding Clauses In The Itb Included In Section Ii, And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, The Applicable Rules Regarding Bid Price And Currency, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing Section Iii, The Following Aspects Should Be Checked: (a) Information That Specifies And Complements Provisions Of Section Ii Must Be Incorporated. (b) Amendments And/or Supplements, If Any, To Provisions Of Section Ii As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. For Foreign-assisted Projects, The Bid Data Sheet To Be Used Is Provided In Section Ix-foreign-assisted Projects. Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is[insert Name Of Purchasing Organization] The Name Of The Contract Is [insert The Name Of The Contract]. The Identification Number Of The Contract Is [insert Identification Number Of The Contract As Provided In The Invitation To Bid]. 1.2 The Lot(s) And Reference Is/are: [insert Name] 2 The Funding Source Is: The Government Of The Philippines (gop) Through [indicate Source Of Funding And Year] In The Amount Of [insert Amount Of Funds]. Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. The Name Of The Project Is: [insert The Name Of The Project, Or “not Applicable”] 3.1 No Further Instructions. 5.1 No Further Instructions. 5.2 Select One, Delete The Other. Foreign Bidders May Participate In This Project In View Of The Following Circumstance(s): [state Which Of The Circumstance(s) Mentioned In The Itb Clause Exists In The Project.] Or Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. 5.4 Select One, Delete The Other. Maintain The Itb Clause And Insert Any Of The Following: For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(ii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. Or For The Procurement Of Expendable Supplies: The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(ii), A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. Or For Procurement Where The Procuring Entity Has Determined, After The Conduct Of Market Research, That Imposition Of The Provisions Of Section 23.4.1.3 Of The Irr Of Ra 9184 Will Likely Result To Failure Of Bidding Or Monopoly That Will Defeat The Purpose Of Public Bidding: In View Of The Determination By The Procuring Entity That Imposition Of The Provisions Of Section 23.4.1.3 Of The Irr Of Ra 9184 Will Likely Result To [state “failure Of Bidding” Or “monopoly That Will Defeat The Purpose Of Public Bidding”],the Bidder Should Comply With The Following Requirements: A) Completed At Least Two (2) Similar Contracts, The Aggregate Amount Of Which Should Be Equivalent To At Least [state “fifty Percent (50%)” In The Case Of Non-expendable Supplies And Services Or “twenty-five Percent (25%)” In The Case Of Expendable Supplies] Of The Abc For This Project; And B) The Largest Of These Similar Contracts Must Be Equivalent To At Least Half Of The Percentage Of The Abc As Required Above. For This Purpose, Similar Contracts Shall Refer To [insert Description Of Similar Contracts Or State “no Further Instructions”]. 7 No Further Instructions. 8.1 State Either “subcontracting Is Not Allowed.” Or Specify The Portions Of Goods And The Maximum Percentage Allowed To Be Subcontracted. Note:the Contractor Shall Undertake Not Less Than 20% Of The Contracted Works With Its Own Resources. 8.2 If Subcontracting Is Allowed, Specify The Eligibility Criteria That Subcontractors Must Comply With, Including The Corresponding Documentary Requirements Therefor; Otherwise, State “not Applicable”. 9.1 The Procuring Entity Will Hold A Pre-bid Conference For This Project On [state Date And Time] At [state Address Of Venue]{insert If Applicable And Through Video-conferencing/webcasting Via [insert Website, Application Or Technology To Be Used].} 10.1 The Procuring Entity’s Address Is: [insert Full Address] [insert Name And Designation Of Contact Person] [insert Telephone And Fax Number Of Contact] [insert Email Address Of Contact (if Applicable)] 12.1(a) No Further Instructions. 12.1(a)(ii) The Bidder’s Slcc Similar To The Contract To Be Bid Should Have Been Completed Within[state Relevant Period As Provided In The Invitation To Bid] Prior To The Deadline For The Submission And Receipt Of Bids. 13.1(b) No Further Instructions. 13.1(c) List Any Additional Required Document(s) Or State “no Additional Requirements.” 13.2 The Abc Is [insert Amount]. Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 15.4(a)(iv) List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 15.4(b)(i) 15.4(b)(ii) Maintain The Itb Clause And State Here “not Applicable”, “the Price Of The Goods Shall Be Quoted Ddp [state Place Of Destination]”, Or The Applicable Incoterms For This Project. List Here The Incidental Services That Are Required As Part Of The Bidder’s Bid Cross Referencing To The Technical Specifications And Scc As Appropriate. If None, State “no Incidental Services Are Required.” 16.1(b) Select One, Delete The Other: The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. Or The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted Either In Philippine Pesos Or United States Dollars At The Discretion Of The Bidder. 16.3 Maintain The Itb Clause And State Here “not Applicable” Or If Procurement Involves A Foreign-denominated Bid, State "payment Shall Be Made In [insert Currency]. 17.1 Bids Will Be Valid Until [insert Date]. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: 1. The Amount Of Not Less Than __________ [insert 2% Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or 2. The Amount Of Not Less Than _________ [insert 5% Of Abc] If Bid Security Is In Surety Bond. 18.2 The Bid Security Shall Be Valid Until [insert Date]. 20.3 Each Bidder Shall Submit [insert Required Number] Original And [insert Required Number] Copies Of The First And Second Components Of Its Bid. 21 The Address For Submission Of Bids Is [insert Address]. The Deadline For Submission Of Bids Is [insert Time And Date]. 24.1 The Place Of Bid Opening Is [insert Address]. The Date And Time Of Bid Opening Is [insert Time And Date]. 24.2 No Further Instructions. 24.3 No Further Instructions. 27.1 No Further Instructions. 28.3 (a) Grouping And Evaluation Of Lots – Lots Should Be Formed Of Similar Items That Are Likely To Attract The Maximum Competition. A Lot Is The Quantity And Number Of Items That Will Be Included In A Single Contract. For Example: Option 1 – Each Item To Be Evaluated And Compared With Other Bids Separately And Recommended For Contract Award Separately. Option 2 - All Items To Be Grouped Together To Form One Complete Lot That Will Be Awarded To One Bidder To Form One Complete Contract. Option 3 - Similar Items, To Be Grouped Together To Form Several Lots That Shall Be Evaluated And Awarded As Separate Contracts. Select One Of The Following Paragraphs, Delete The Other. Partial Bid Is Not Allowed. The Goods Are Grouped In A Single Lot And The Lot Shall Not Be Divided Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. Or Partial Bids Are Allowed. All Goods Are Grouped In Lots Listed Below. Bidders Shall Have The Option Of Submitting A Proposal On Any Or All Lots And Evaluation And Contract Award Will Be Undertaken On A Per Lot Basis. Lots Shall Not Be Divided Further Into Sub-lots For The Purpose Of Bidding, Evaluation, And Contract Award. In All Cases, The Nfcc Computation, If Applicable, Must Be Sufficient For All The Lots Or Contracts To Be Awarded To The Bidder. [insert Grouping Of Lots] 28.4 No Further Instructions. 29.2 List Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It, Or State “no Additional Requirement.” 32.4(f) List Additional Contract Documents Relevant To The Project That May Be Required By Existing Laws And/or The Procuring Entity, Or State “no Additional Requirement.” Section Iv. General Conditions Of Contract Notes On The General Conditions Of Contract The Gcc In Section Iv, Read In Conjunction With The Scc In Section V And Other Documents Listed Therein, Should Be A Complete Document Expressing All The Rights And Obligations Of The Parties. The Gcc Herein Shall Not Be Altered. Any Changes And Complementary Information, Which May Be Needed, Shall Be Introduced Only Through The Scc In Section V. Table Of Contents 1. Definitions 49 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 50 3. Inspection And Audit By The Funding Source 51 4. Governing Law And Language 51 5. Notices 51 6. Scope Of Contract 52 7. Subcontracting 52 8. Procuring Entity’s Responsibilities 52 9. Prices 52 10. Payment 53 11. Advance Payment And Terms Of Payment 53 12. Taxes And Duties 54 13. Performance Security 54 14. Use Of Contract Documents And Information 55 15. Standards 55 16. Inspection And Tests 55 17. Warranty 56 18. Delays In The Supplier’s Performance 56 19. Liquidated Damages 57 20. Settlement Of Disputes 57 21. Liability Of The Supplier 58 22. Force Majeure 58 23. Termination For Default 58 24. Termination For Insolvency 59 25. Termination For Convenience 59 26. Termination For Unlawful Acts 60 27. Procedures For Termination Of Contracts 60 28. Assignment Of Rights 61 29. Contract Amendment 61 30. Application 61 Definitions In This Contract, The Following Terms Shall Be Interpreted As Indicated: 75. “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. 76. “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. 77. “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. 78. Cx “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. 79. “gcc” Means The General Conditions Of Contract Contained In This Section. 80. “scc” Means The Special Conditions Of Contract. 81. “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc. 82. “the Procuring Entity’s Country” Is The Philippines. 83. “the Supplier” Means The Individual Contractor, Manufacturer Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc. 84. The “funding Source” Means The Organization Named In The Scc. 85. “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc. 86. “day” Means Calendar Day. 87. The “effective Date” Of The Contract Will Be The Date Of Signing The Contract, However The Supplier Shall Commence Performance Of Its Obligations Only Upon Receipt Of The Notice To Proceed And Copy Of The Approved Contract. 88. “verified Report” Refers To The Report Submitted By The Implementing Unit To The Hope Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. Corrupt, Fraudulent, Collusive, And Coercive Practices Unless Otherwise Provided In The Scc, The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity: 89. Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows: A. "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. B. "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. C. “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. D. “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; E. “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. 90. Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. Further The Funding Source, Borrower Or Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Any Of The Practices Mentioned In Gcc Clause 2.1(a). Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. Governing Law And Language This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. Notices Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. Scope Of Contract The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi. Schedule Of Requirements. This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc. Subcontracting Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. If Subcontracting Is Allowed, The Supplier May Identify Its Subcontractor During Contract Implementation. Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract. In Either Case, 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 Goods Shall Be Disallowed. Procuring Entity’s Responsibilities Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. Prices For The Given Scope Of Work In This Contract As Awarded, All Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr Or Except As Provided In This Clause. Prices Charged By The Supplier For Goods Delivered And/orservices Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gccclause 29. Payment Payments Shall Be Made Only Upon A Certification By The Hope To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. Payments Shall Be In Accordance With The Schedule Stated In The Scc. Unless Otherwise Provided In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. Unless Otherwise Provided In The Scc, Payments Using Letter Of Credit (lc), In Accordance With The Guidelines Issued By The Gppb, Is Allowed. For This Purpose, The Amount Of Provisional Sum Is Indicated In The Scc. All Charges For The Opening Of The Lc And/or Incidental Expenses Thereto Shall Be For The Account Of The Supplier. Advance Payment And Terms Of Payment Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. For Goods Supplied From Abroad, Unless Otherwise Indicated In The Scc, The Terms Of Payment Shall Be As Follows: 91. On Contract Signature: Fifteen Percent (15%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In Section Viii. Bidding Forms. 92. On Delivery: Sixty-five Percent (65%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. 93. On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt, The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: 94. There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; 95. The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And 96. Other Terms Specified In The Scc. In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. Use Of Contract Documents And Information The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1 Shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii. Technical Specifications; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. Inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity.the Sccand Section Vii. Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. The Supplier Shall Provide The Procuring Entity With Results Of Such Inspections And Tests. The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. Warranty The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least One Percent (1%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least One Percent (1%) Of The Total Contract Price Or Other Such Amount If So Specified In The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty.upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity. If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law. Delays In The Supplier’s Performance Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi. Schedule Of Requirements. If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. Liquidated Damages Subject To Gcc Clauses 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, The Applicable Rate Of One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay Until Actual Delivery Or Performance. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Maximum Is Reached, The Procuring Entity May Rescind Or Terminate The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. Settlement Of Disputes If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines, Subject To Additional Provisions, If Any, Set Forth In The Scc. Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entityshall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. Force Majeure The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That The Supplier’s Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 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 Supplier 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 Supplier. Such Events May Include, But Not Limited To, Acts Of The Procuring Entity In Its Sovereign Capacity, Wars Or Revolutions, Fires, Floods, Epidemics, Quarantine Restrictions, And Freight Embargoes. If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. Termination For Default The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation: 97. Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; 98. As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or 99. The Supplier Fails To Perform Any Other Obligation Under The Contract. In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. Termination For Convenience The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Hope May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: 100. To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or 101. To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. Termination For Unlawful Acts The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: 102. Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); 103. Drawing Up Or Using Forged Documents; 104. Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And 105. Any Other Act Analogous To The Foregoing. Procedures For Termination Of Contracts The Following Provisions Shall Govern The Procedures For Termination Of This Contract: 106. Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; 107. Upon Recommendation By The Implementing Unit, The Hope Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: A. 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; B. The Extent Of Termination, Whether In Whole Or In Part; C. An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; And D. Special Instructions Of The Procuring Entity, If Any. 108. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; 109. Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Hope A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Hope Shall Issue An Order Terminating This Contract; 110. The Procuring Entity May, At Any Time Before Receipt Of The Supplier’s Verified Position Paper Described In Item (d) 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 Supplier’s Receipt Of The Notice; 111. Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Hope Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; 112. The Hope 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 Hope; And 113. The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V. Special Conditions Of Contract Notes On The Special Conditions Of Contract Similar To The Bds, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc. The Provisions Of This Section Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Purchased. In Preparing This Section, The Following Aspects Should Be Checked: (a) Information That Complements Provisions Of Section Iv Must Be Incorporated. (b) Amendments And/or Supplements To Provisions Of Section Iv, As Necessitated By The Circumstances Of The Specific Purchase, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of Section Iv Should Be Incorporated Herein. For Foreign-assisted Projects, The Special Conditions Of Contract To Be Used Is Provided In Section Ix-foreign-assisted Projects. Special Conditions Of Contract Gcc Clause 1.1(g) The Procuring Entity Is [insert Name Of Procuring Entity]. 1.1(i) The Supplier Is [to Be Inserted At The Time Of Contract Award]. 1.1(j) The Funding Source Is The Government Of The Philippines (gop) Through [indicate Source Of Funding And Year] In The Amount Of [insert Amount Of Funds]. Note: In The Case Of National Government Agencies, The General Appropriations Act And/or Continuing Appropriations; In The Case Of Government-owned And/or –controlled Corporations, Government Financial Institutions, And State Universities And Colleges, The Corporate Budget For The Contract Approved By The Governing Boards; In The Case Of Local Government Units, The Budget For The Contract Approved By The Respective Sanggunian. 1.1(k) The Project Site Is [insert Full Name And Address Of The Delivery Site]. For Multiple Sites State “the Project Sites Are Defined In Section Vi. Schedule Of Requirements”] 2.1 No Further Instructions. 5.1 The Procuring Entity’s Address For Notices Is: [insert Address Including, Name Of Contact, Fax And Telephone Number] The Supplier’s Address For Notices Is: [insert Address Including, Name Of Contact, Fax And Telephone Number] 6.2 List Here Any Additional Requirements For The Completion Of This Contract. The Following Requirements And The Corresponding Provisions May Be Deleted, Amended, Or Retained Depending On Its Applicability To This Contract: Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: For Goods Supplied From Abroad, State “the Delivery Terms Applicable To The Contract Are Ddp Delivered [insert Place Of Destination]. In Accordance With Incoterms.” For Goods Supplied From Within The Philippines, State “the Delivery Terms Applicable To This Contract Are Delivered [insert Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi. Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: For Goods Supplied From Within The Philippines: Upon Delivery Of The Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt, Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Goods Supplied From Abroad: Upon Shipment, The Supplier Shall Notify The Procuring Entity And The Insurance Company By Cable The Full Details Of The Shipment, Including Contract Number, Description Of The Goods, Quantity, Vessel, Bill Of Lading Number And Date, Port Of Loading, Date Of Shipment, Port Of Discharge Etc. Upon Delivery To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents As Applicable With The Documentary Requirements Of Any Letter Of Credit Issued Taking Precedence: (ii) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (iii) Original And Four Copies Of The Negotiable, Clean Shipped On Board Bill Of Lading Marked “freight Pre-paid” And Five Copies Of The Non-negotiable Bill Of Lading ; (iv) Original Supplier’s Factory Inspection Report; (v) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (vi) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vii) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Procuring Entity’s Representative At The Project Site; (viii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (ix) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is [insert Name(s)]. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: Select Appropriate Requirements And Delete The Rest. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: Select Appropriate Requirements And Delete The Rest. (a) Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (b) In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts Required Are Listed In Section Vi. Schedule Of Requirements And The Cost Thereof Are Included In The Contract Price The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spares For The Goods For A Period Of [insert Here The Time Period Specified. If Not Used Insert Time Period Of Three Times The Warranty Period]. Other Spare Parts And Components Shall Be Supplied As Promptly As Possible, But In Any Case Within [insert Appropriate Time Period] Months Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 10.4 Maintain The Gcc Clause And State Here “not Applicable” Or If Procurement Involves A Foreign-denominated Bid, State "payment Shall Be Made In [insert Currency]. 10.5 State “payment Using Lc Is Not Allowed.” Or If Payment Using Lc Is Allowed, State “the Amount Of Provisional Sum Is ____________ Pesos (php ____________).” [note: The Provisional Sum Shall Not Exceed 10% Of The Abc, And Shall Form Part Of The Abc]. 11.3 State “maintain The Gcc Clause.” Or State “the Terms Of Payment Shall Be As Follows: _____________” 13.4(c) Specify Additional Conditions, If Any, That Must Be Met Prior To The Release Of The Performance Security, Otherwise, State “no Further Instructions”. 16.1 The Inspections And Tests That Will Be Conducted Are: [insert The Applicable Inspections And Tests, If None, State “none”]. 17.3 If The Goods Pertain To Expendable Supplies: Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed, Whichever Is Earlier. If The Goods Pertain To Non-expendable Supplies: One (1) Year After Acceptance By The Procuring Entity Of The Delivered Goods. 17.4 The Period For Correction Of Defects In The Warranty Period Is [insert Number Of Days]. 21.1 State Here “no Additional Provision.” Or, If The Supplier Is A Joint Venture, “all Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity.” Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item No. Description Quantity Unit Of Issue Delivered, Weeks/months For Schedule Of Deliveries, Please Attached Or Consult The End-user 1. 490 Watts Monocystaline ( Canadian Solar /lan Solar 10nos. 10 Pcs 2. Single Core Pv Wire (red) 50 Meters 3. Single Core Pv Wire (black ) 50 Meters 4. 5kwhybrid Solar Inverter 100 Amp. 1 Units 5. Battery Cable 25mm(red&black) Meters 6. Terminal Lugs 1 Set 7. Raillings 20 Pcs . 8. Rail Connector 1 Set 9. Metal Bracket 1 Set 10. Mid Clamps 20 Pcs. 11. End Clamps 8 Pcs 12. Rubber Pads 1 Set 13. Ac Breaker 80 Amp 1 Set 14. Dc Breaker 100 Amp 1 Set 15. Dc Breaker 65 Amp. 1 Set 16. Dc Breaker Sps 65 Amp 1 Set 17. Ac Breaker Spd 65 Amp 1 Set 18. Combine Box Ht -18 1 Set 19. Pvc Conduit ¾” 1 Set 20. Pvc Coupling ¾” 1 Set 21. Pvc Elbow ¾” 1 Set 22. Junction Box Metal 4 Pcs 23. Pvc Clip 1 Lot 24. Grounding Busbar 1 Pc 25. Battery Rack 1 Pc 26. 220 Ah Gel/lif Po4 200ah 1 Set Section Vii. Technical Specifications Notes For Preparing The Technical Specifications A Set Of Precise And Clear Specifications Is A Prerequisite For Bidders To Respond Realistically And Competitively To The Requirements Of The Procuring Entity Without Qualifying Their Bids. In The Context Of Competitive Bidding, The Specifications (e.g. Production/delivery Schedule, Manpower Requirements, And After-sales Service/parts) Must Be Prepared To Permit The Widest Possible Competition And, At The Same Time, Present A Clear Statement Of The Required Standards Of Workmanship, Materials, And Performance Of The Goods And Services To Be Procured.. Only If This Is Done Will The Objectives Of Transparency, Equity, Efficiency, Fairness And Economy In Procurement Be Realized, Responsiveness Of Bids Be Ensured, And The Subsequent Task Of Bid Evaluation And Post-qualification Facilitated. The Specifications Should Require That All Items, Materials And Accessories To Be Included Or Incorporated In The Goods Be New, Unused, And Of The Most Recent Or Current Models, And That They Include Or Incorporate All Recent Improvements In Design And Materials Unless Otherwise Provided In The Contract. Samples Of Specifications From Previous Similar Procurements Are Useful In This Respect. The Use Of Metric Units Is Encouraged. Depending On The Complexity Of The Goods And The Repetitiveness Of The Type Of Procurement, It May Be Advantageous To Standardize The General Technical Specifications And Incorporate Them In A Separate Subsection. The General Technical Specifications Should Cover All Classes Of Workmanship, Materials, And Equipment Commonly Involved In Manufacturing Similar Goods. Deletions Or Addenda Should Then Adapt The General Technical Specifications To The Particular Procurement. Care Must Be Taken In Drafting Specifications To Ensure That They Are Not Restrictive. In The Specification Of Standards For Equipment, Materials, And Workmanship, Recognized Philippine And International Standards Should Be Used As Much As Possible. Where Other Particular Standards Are Used, Whether National Standards Or Other Standards, The Specifications Should State That Equipment, Materials, And Workmanship That Meet Other Authoritative Standards, And Which Ensure At Least A Substantially Equal Quality Than The Standards Mentioned, Will Also Be Acceptable. The Following Clause May Be Inserted In The Special Conditions Of Contract Or The Technical Specifications. Sample Clause: Equivalency Of Standards And Codes Wherever Reference Is Made In The Technical Specifications To Specific Standards And Codes To Be Met By The Goods And Materials To Be Furnished Or Tested, The Provisions Of The Latest Edition Or Revision Of The Relevant Standards And Codes Shall Apply, Unless Otherwise Expressly Stated In The Contract. Where Such Standards And Codes Are National Or Relate To A Particular Country Or Region, Other Authoritative Standards That Ensure Substantial Equivalence To The Standards And Codes Specified Will Be Acceptable. Reference To Brand Name And Catalogue Number Should Be Avoided As Far As Possible; Where Unavoidable They Should Always Be Followed By The Words “or At Least Equivalent.” References To Brand Names Cannot Be Used When The Funding Source Is The Gop. Where Appropriate, Drawings, Including Site Plans As Required, May Be Furnished By The Procuring Entity With The Bidding Documents. Similarly, The Supplier May Be Requested To Provide Drawings Or Samples Either With Its Bid Or For Prior Review By The Procuring Entity During Contract Execution. Bidders Are Also Required, As Part Of The Technical Specifications, To Complete Their Statement Of Compliance Demonstrating How The Items Comply With The Specification. Technical Specifications Item Specifications Statement Of Compliance Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Section Viii. Bidding Forms Notes On The Bidding Forms The Bidder Shall Complete And Submit With Its Bid The Bid Form And Price Schedules In Accordance With Itb Clause 15 With The Requirements Of The Bidding Documents And The Format Set Out In This Section. When Requested In The Bds, The Bidder Should Provide The Bid Security, Either In The Form Included Hereafter Or In Another Form Acceptable To The Entity, Pursuant To Itb Clause 18.1. The Contract Agreement Form, When It Is Finalized At The Time Of Contract Award, Should Incorporate Any Corrections Or Modifications To The Accepted Bid Resulting From Price Corrections. The Price Schedule And Schedule Of Requirements Deemed To Form Part Of The Contract Should Be Modified Accordingly. The Performance Securityform And Bank Guarantee Form For Advance Payment Should Not Be Completed By The Bidders At The Time Of Their Bid Preparation. Only The Successful Bidder Will Be Required To Provide Performance Security And Bank Guarantee For Advance Payment In Accordance With One Of The Forms Indicated Herein Or In Another Form Acceptable To The Procuring Entity And Pursuant To Gcc Clause 13 And Its Corresponding Scc Provision. The Sworn Affidavit Must Be Completed By All Bidders In Accordance With Itb Clause 4.2. Failure To Do So And Submit It With The Bid Shall Result In The Rejection Of The Bid And The Bidder’s Disqualification. Table Of Contents Bid Form 77 Contract Agreement Form 81 Omnibus Sworn Statement 83 Bank Guarantee Form For Advance Payment 86 Bid Securing Declaration Form ……………………………………………87 Bid Form Date: Invitation To Bid No: To: Barangay San Carlos Tukuran, Zamboanga Del Sur Gentlemen And/or Ladies: Having Examined The Bidding Documents Including Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Bidding Documents For The Sum Of [total Bid Amount In Words And Figures] Or Such Other Sums As May Be Ascertained In Accordance With The Schedule Of Prices Attached Herewith And Made Part Of This Bid. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.27.1 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. We Likewise Certify/confirm That The Undersigned, [for Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter’s Behalf For The Name Of Project Of The Name Of The Procuring Entity][for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter’s Behalf For Name Of Project Of The Name Of The Procuring Entity]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 20______. [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ For Goods Offered From Abroad Name Of Bidder . Invitation To Bid Number __. Page Of . 1 2 3 4 5 6 7 8 9 Item Description Country Of Origin Quantity Unit Price Cif Port Of Entry (specify Port) Or Cip Named Place (specify Border Point Or Place Of Destination) Total Cif Or Cip Price Per Item (col. 4 X 5) Unit Price Delivered Duty Unpaid (ddu) Unit Price Delivered Duty Paid (ddp) Total Price Delivered Ddp (col 4 X 8) [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ For Goods Offered From Within The Philippines Name Of Bidder . Invitation To Bid Number . Page Of . 1 2 3 4 5 6 7 8 9 10 Item Description Country Of Origin Quantity Unit Price Exw Per Item Transportation And Insurance And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price, Per Unit (col 5+6+7+8) Total Price Delivered Final Destination (col 9) X (col 4) [signature] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ Contract Agreement Form This Agreement Made The _____ Day Of __________ 20_____ Between [name Of Procuring Entity] Of The Philippines (hereinafter Called “the Entity”) Of The One Part And [name Of Supplier] Of [city And Country Of Supplier] (hereinafter Called “the Supplier”) Of The Other Part: Whereas The Entity Invited Bids For Certain Goods And Ancillary Services, Viz., [brief Description Of Goods And Services] And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of [contract Price In Words And Figures] (hereinafter Called “the Contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Referred To. 2. The Following Documents Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: (a) The Supplier’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted (e.g. Bidder’s Response To Clarifications On The Bid), Including Corrections To The Bid Resulting From The Procuring Entity’s Bid Evaluation; (b) The Schedule Of Requirements; (c) The Technical Specifications; (d) The General Conditions Of Contract; (e) The Special Conditions Of Contract; (f) The Performance Security; And (g) The Entity’s Notice Of Award. 3. In Consideration Of The Payments To Be Made By The Entity To The Supplier As Hereinafter Mentioned, The Supplier Hereby Covenants With The Entity To Provide The Goods And Services And To Remedy Defects Therein In Conformity In All Respects With The Provisions Of The Contract 4. The Entity Hereby Covenants To Pay The Supplier In Consideration Of The Provision Of The Goods And Services And The Remedying Of Defects Therein, The Contract Price Or Such Other Sum As May Become Payable Under The Provisions Of The Contract At The Time And In The Manner Prescribed By The Contract. In Witness Whereof The Parties Hereto Have Caused This Agreement To Be Executed In Accordance With The Laws Of The Republic Of The Philippines On The Day And Year First Above Written. Signed, Sealed, Delivered By The (for The Entity) Signed, Sealed, Delivered By The (for The Supplier). Omnibus Sworn Statement Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor, Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship:the Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [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. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ * This Form Will Not Apply For Wb Funded Projects. Bank Guarantee Form For Advance Payment To: [name And Address Of Procuring Entity] [name Of Contract] Gentlemen And/or Ladies: In Accordance With The Payment Provision Included In The Special Conditions Of Contract, Which Amends Clause 10 Of The General Conditions Of Contract To Provide For Advance Payment, [name And Address Of Supplier] (hereinafter Called The “supplier”) Shall Deposit With The Procuring Entity A Bank Guarantee To Guarantee Its Proper And Faithful Performance Under The Said Clause Of The Contract In An Amount Of [amount Of Guarantee In Figures And Words]. We, The [bank Or Financial Institution], As Instructed By The Supplier, Agree Unconditionally And Irrevocably To Guarantee As Primary Obligator And Not As Surety Merely, The Payment To The Procuring Entity On Its First Demand Without Whatsoever Right Of Objection On Our Part And Without Its First Claim To The Supplier, In The Amount Not Exceeding [amount Of Guarantee In Figures And Words]. We Further Agree That No Change Or Addition To Or Other Modification Of The Terms Of The Contract To Be Performed Thereunder Or Of Any Of The Contract Documents Which May Be Made Between The Procuring Entity And The Supplier, Shall In Any Way Release Us From Any Liability Under This Guarantee, And We Hereby Waive Notice Of Any Such Change, Addition, Or Modification. This Guarantee Shall Remain Valid And In Full Effect From The Date Of The Advance Payment Received By The Supplier Under The Contract Until [date]. Yours Truly, Signature And Seal Of The Guarantors [name Of Bank Or Financial Institution] [address] [date] Bid Securing Declaration Form Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid:[insert Reference Number] To: [insert Name And Address Of The Procuring Entity] I/we , The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I/we Will Be Automatically Disqualified From Bidding For Any Contract With Any Procuring Entity For A Period Of Two (2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen (15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1, Except 69.1(f), Of The Irr Of Ra 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bidsecuring Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/we Are Declared Ineligible Or Post-disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; (c) I Am/we Are Declared The Bidder With The Lowest Calculated Responsive Bid, And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I/we Have Hereunto Set My/our Hand/s This ____ Day Of [month] [year] At [place Of Execution]. [insert Name Of Bidder’s Authorized Representative] [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me This ___ Day Of [month] [year] At [place Of Execution], Philippines. Affiant/s Is/are Personally Known To Me And Was/were Identified By Me Through Competent Evidence Of Identity As Defined In The 2004 Rules On Notarial Practice (a.m. No. 02-8-13-sc). Affiant/s Exhibited To Me His/her [insert Type Of Government Identification Card Used], With His/her Photograph And Signature Appearing Thereon, With No. ________ And His/her Community Tax Certificate No. _______ Issued On ____ At ______. Witness My Hand And Seal This ___ Day Of [month] [year]. Name Of Notary Public Serial No. Of Commission _______________ Notary Public For _______ Until __________ Roll Of Attorneys No. __________________ Ptr No. ______ [date Issued], [place Issued] Ibp No. ______ [date Issued], [place Issued] Doc. No. _____ Page No. _____ Book No. _____ Series Of _____ Section Ix. Foreign-assisted Projects Notes On Foreign-assisted Projects This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information For Foreign-assisted Projects Of The Asian Development Bank (adb), The Japan International Cooperation Agency (jica), And The World Bank. (a) If The Funding Source Is Adb, The Procuring Entity Should Use The Adb Bid Data Sheet And The Adb Special Conditions Of Contract.. (b) If The Funding Source Is Jica, The Procuring Entity Should Use Section Iii. Bid Data Sheet And Section V. Special Conditions Of Contract, Both Of The Gop. (c) If The Funding Source Is World Bank, The Procuring Entity Should Use The World Bank Bid Data Sheet And The World Bank Special Conditions Of Contract Of The Gop. The Procuring Entity Shall Use These Pbds With Minimum Changes As Necessary To Address Project-specific Conditions. Any Such Changes Shall Be Introduced Only Through The Bid Data Sheet Or Through The Special Conditions Of Contract, And Not By Introducing Changes In The Standard Wording Of The Instructions To Bidders And The General Conditions Of Contract. The Procuring Entity Shall Allow The Bidders Sufficient Time To Study The Bidding Documents, Prepare And Complete Responsive Bids, And Submit Their Bids. A Period Of At Least Twenty (20) Days For Bid Preparation Shall Be Required. Notes On The Invitation To Bid The Invitation To Bid Provides Information That Enables Potential Bidders To Decide Whether To Participate In The Procurement At Hand. The Invitation To Bid Shall Be: (a) Advertised At Least Once In A Newspaper Of General Nationwide Circulation Which Has Been Regularly Published For At Least Two (2) Years Before The Date Of Issue Of The Advertisement, Subject To Sections 21.2.1 (c) Of The Irr Of R.a. 9184 ; (b) Posted Continuously In The Philippine Government Electronic Procurement System (philgeps) Website, The Website Of The Procuring Entity Concerned, If Available, And The Website Prescribed By The Foreign Government/foreign Or International Financing Institution, If Applicable, From The Time The Invitation To Bidis Advertised Until The Deadline For The Submission And Receipt Of Bids; And (c) Posted At Any Conspicuous Place Reserved For This Purpose In The Premises Of The Procuring Entity Concerned From The Time The Invitation To Bidis Advertised Until The Deadline For The Submission And Receipt Of Bids, As Certified By The Head Of The Bids And Awards Committee (bac) Secretariat Of The Procuring Entity Concerned. Apart From The Essential Items Listed In The Bidding Documents, The Invitation To Bid Should Also Indicate The Following: (a) The Date Of Availability Of The Bidding Documents, Which Shall Be From The Time The Invitation To Bidis First Advertised/posted Until The Deadline For The Submission And Receipt Of Bids. (b) The Place Where The Bidding Documents May Be Acquired Or The Website Where It May Be Downloaded. (c) The Deadline For The Submission And Receipt Of Bids; And (d) Any Important Bid Evaluation Criteria. The Invitation To Bid Should Be Incorporated Into The Bidding Documents. The Information Contained In The Invitation To Bid Must Conform To The Bidding Documents And In Particular To The Relevant Information In The Bds. Notes On The Bid Data Sheet This Section Is Intended To Assist The Procuring Entity In Providing The Specific Information In Relation To The Corresponding Clauses In The Itb, And Has To Be Prepared For Each Specific Procurement. The Procuring Entity Should Specify In The Bds Information And Requirements Specific To The Circumstances Of The Procuring Entity, The Processing Of The Procurement, The Applicable Rules Regarding Bid Price And Currency, And The Bid Evaluation Criteria That Will Apply To The Bids. In Preparing This Section, The Following Aspects Should Be Checked: (a) Information That Specifies And Complements Provisions Of Section Ii. Instructions To Bidders Must Be Incorporated. (b) Amendments And/or Supplements, If Any, To Provisions Of Section Ii. Instructions To Bidders As Necessitated By The Circumstances Of The Specific Procurement, Must Also Be Incorporated. Notes On The Special Conditions Of The Contract Similar To The Section Iii. Bid Data Sheet, The Clauses In This Section Are Intended To Assist The Procuring Entity In Providing Contract-specific Information In Relation To Corresponding Clauses In The Gcc. The Provisions Of This Section Complement The Gcc, Specifying Contractual Requirements Linked To The Special Circumstances Of The Procuring Entity, The Procuring Entity’s Country, The Sector, And The Goods Procured. In Preparing This Section, The Following Aspects Should Be Checked: (a) Information That Complements Provisions Of Section Iv. General Conditions Of Contract Must Be Incorporated. (b) Amendments And/or Supplements To Provisions Of Section Iv. General Conditions Of Contract, As Necessitated By The Circumstances Of The Specific Project, Must Also Be Incorporated. However, No Special Condition Which Defeats Or Negates The General Intent And Purpose Of The Provisions Of Section Iv. General Conditions Of Contract Should Be Incorporated Herein. Table Of Contents Invitation To Bid For Foreign-assisted Projects Error! Bookmark Not Defined. Asian Development Bank Bid Data Sheet Error! Bookmark Not Defined. Asian Development Bank Special Conditions Of Contract Error! Bookmark Not Defined. World Bank Bid Data Sheet Error! Bookmark Not Defined. World Bank Special Conditions Of Contract Error! Bookmark Not Defined. Invitation To Bid For Foreign-assisted Projects [letterhead Of The Procuring Entity] Invitation To Bid For [insert Name Of Project] 1. The Government Of The Philippines (gop) [has Received/has Applied For/intends To Apply For] A [loan/grant] From The [state The Foreign Government/foreign Or International Financing Institution, (e.g. Asian Development Bank, Japan International Cooperative Agency, Or World Bank)] Toward The Cost Of [insert Name Of Project], And It Intends To Apply Part Of The Proceeds Of This [loan/grant] To Payments Under The Contract For [insert Name/no. Of Contract]. Select This For Lot-procurement: The Government Of The Philippines (gop) [has Received/has Applied For/intends To Apply For] A [loan/grant] From The [state The Foreign Government/foreign Or International Financing Institution, (e.g. Asian Development Bank, Japan International Cooperative Agency, Or World Bank)] Toward The Cost Of [insert Name Of Project], And It Intends To Apply Part Of The Proceeds Of This [loan/grant] To Payments Under The Contract For [insert Name/no. Of Contract] For Lot [insert Number And Identification Of Lot]. 2. The [insert Name Of Procuring Entity] Now Invites Bids For [insert Brief Description Of Goods To Be Procured]. Delivery Of The Goods Is Required [insert The Required Delivery Date Or Expected Contract Duration]. Bidders Should Have Completed, Within [insert Relevant Period] 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 Sub-section 5, Section Ii. Instructions To Biddersand The Corresponding {[insert Asian Development Bank Or World Bank, As Appropriate]} Bid Data Sheet. 3. Bidding Will Be Conducted In Accordance With Relevant Procedures For Open Competitive Bidding As Specified In The Implementing Rules And Regulations (irr) Of Republic Act (ra) 9184, Otherwise Known As The “government Procurement Reform Act”, With Some Amendments, As Stated In These Bidding Documents And Is Open To All Bidders From Eligible Source Countries As Defined In The Applicable Procurement Guidelines Of The [state The Foreign Government/foreign Or International Financing Institution Concerned (e.g. Asian Development Bank, Japan International Cooperation Agency, Or World Bank)]. The Contract Shall Be Awarded To The Lowest Calculated Responsive Bidder (lcrb) Who Was Determined As Such During Post-qualification. The Approved Budget For The Contract (abc) {in Case Of Lot-procurement, Insert: “for Lot [insert Number And Identification]}is [insert Here The Amount Of The Abc]. [if Adb-funded Project, Abc May Be Published, But It Shall Not Be Stated Or Implied That Bid Prices May Not Exceed Abc.] 4. Interested Bidders May Obtain Further Information From [insert Name Of The Procuring Entity] And Inspect The Bidding Documents At The Address Given Below During [insert Office Hours]. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On [insert Date Of Availability Of Bidding Documents] From The Address Below{[insert If Necessary: And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb , In The Amount Of [insert Amount In Pesos]. Note: For Lot Procurement, The Maximum Fee For The Bidding Documents For Each Lot Shall Be Based On Its Abc, In Accordance With The Guidelines Issues By The Gppb; Provided That The Total Fees For The Bidding Documents Of All Lots Shall Not Exceed The Maximum Fee Prescribed In The Guidelines For The Sum Of The Abc Of All Lots.} It May Also Be Downloaded Free Of Charge From The Website Of The Philippine Government Electronic Procurement System (philgeps) {[insertand The Website Of The Procuring Entity, As Applicable]} Provided That Bidders Shall Pay The Applicable Fee For The Bidding Documents Not Later Than The Submission Of Their Bids. 6. The [insert Name Of The Procuring Entity] Will Hold A Pre-bid Conference On [insert Time And Date] At [insert Address For Pre-bid Conference, If Applicable], Which Shall Beopen To Prospective Bidders. 7. Bids Must Be Duly Received By The Bac Secretariat At The Address Below On Or Before [insert Time And Date]. All Bids Must Be Accompanied By A Bid Security In The Amount Of __________ In [insert The Acceptable Form]. Bid Opening Shall Be On [insert Time And Date] At [insert Address For Bid Opening]. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. Late Bids Shall Not Be Accepted. 8. [insert Such Other Necessary Information Deemed Relevant By The Procuring Entity] 9. The [insert Name Of The Procuring Entity] 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, In Accordance With Section 41 Of Ra 9184 And Its Irr, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 10. For Further Information, Please Refer To: [insert Name Of Officer] [insert Name Of Office] [insert Postal Address] And/or [insert Street Address] [insert Telephone Number, Indicate City Code] [insert Contact’s Email Address] [insert Facsimile Number] [insert Website Address, If Applicable] _________________________________ [insert Name And Signature Of The Bac Chairperson Or The Authorized Representative Of The Bac Chairperson] Asian Development Bank Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is[insert Name Of Procuring Entity] 1.2 The Lot(s) And Reference Is/are: [insert Name] 2 The Funding Source Is Theasian Development Bank (adb) Through [indicate The Loan/grant/financing No.] In The Amount Of [insert Amount Of Funds]. The Name Of The Project Is: [insert The Name Of The Project] Payments By The Foreign Funding Source Will Be Made Only At The Request Of The Procuring Entity And Upon Approval By The Funding Source In Accordance With The Terms And Conditions Of Loan{[or Grant, Or Financing]} Agreement No. _________ (hereinafter Called The "financing Agreement"), And Will Be Subject In All Respect To The Terms And Conditions Of That Financing Agreement And The Applicable Law. No Party Other Than The Procuring Entity Shall Derive Any Rights From The Financing Agreement Or Have Any Claim To The Funds. 3.1 Adb’s Anticorruption Policy Requires Borrowers (including Beneficiaries Of Adb-financed Activity), As Well As Bidders, Suppliers, And Contractors Under Adb-financed Contracts, Observe The Highest Standard Of Ethics During The Procurement And Execution Of Such Contracts. In Pursuance Of This Policy, Adb (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) “corrupt Practice” Means The Offering, Giving, Receiving, Or Soliciting, Directly Or Indirectly, Anything Of Value To Influence Improperly The Actions Of Another Party; (ii) “fraudulent Practice” Means Any Act Or Omission, Including A Misrepresentation, That Knowingly Or Recklessly Misleads, Or Attempts To Mislead, A Party To Obtain A Financial Or Other Benefit Or To Avoid An Obligation; (iii) “coercive Practice” Means Impairing Or Harming, Or Threatening To Impair Or Harm, Directly Or Indirectly, Any Party Or The Property Of The Party To Influence Improperly The Actions Of A Party; (iv) “collusive Practice” Means An Arrangement Between Two Or More Parties Designed To Achieve An Improper Purpose, Including Influencing Improperly The Actions Of Another Party; (v) “obstructive Practice” Means (a) Deliberately Destroying, Falsifying, Altering, Or Concealing Of Evidence Material To An Adb Investigation; (b) Making False Statements To Investigators In Order To Materially Impede An Adb Investigation; (c) Failing To Comply With Requests To Provide Information, Documents Or Records In Connection With An Office Of Anticorruption And Integrity (oai) Investigation; (d) Threatening, Harassing, Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Investigation Or From Pursuing The Investigation; Or (e) Materially Impeding Adbʼs Contractual Rights Of Audit Or Access To Information; And (vi) “integrity Violation" Is Any Act Which Violates Adb’s Anticorruption Policy, Including (i) To (v) Above And The Following: Abuse, Conflict Of Interest, Violations Of Adb Sanctions, Retaliation Against Whistleblowers Or Witnesses, And Other Violations Of Adb's Anticorruption Policy, Including Failure To Adhere To The Highest Ethical Standard. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has, Directly Or Through An Agent, Engaged In Corrupt, Fraudulent, Collusive, Coercive, Or Obstructive Practices Or Other Integrity Violations In Competing For The Contract; (c) Will Cancel The Portion Of The Financing Allocated To A Contract If It Determines At Any Time That Representatives Of The Borrower Or Of A Beneficiary Of Adb-financing Engaged In Corrupt, Fraudulent, Collusive, Coercive, Or Obstructive Practices Or Other Integrity Violations During The Procurement Or The Execution Of That Contract, Without The Borrower Having Taken Timely And Appropriate Action Satisfactory To Adb To Remedy The Situation; (d) Will Impose Remedial Actions On A Firm Or An Individual, At Any Time, In Accordance With Adb’s Anticorruption Policy And Integrity Principles And Guidelines (both As Amended From Time To Time), Including Declaring Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Participate In Adb-financed, Administered, Or Supported Activities Or To Benefit From An Adb-financed, Administered, Or Supported Contract, Financially Or Otherwise, If It At Any Time Determines That The Firm Or Individual Has, Directly Or Through An Agent, Engaged In Corrupt, Fraudulent, Collusive, Coercive, Or Obstructive Practices Or Other Integrity Violations; And (e) Will Have The Right To Require That A Provision Be Included In Bidding Documents And In Contracts Financed By Adb, Requiring Bidders, Suppliers And Contractors To Permit Adb Or Its Representative To Inspect Their Accounts And Records And Other Documents Relating To The Bid Submission And Contract Performance And To Have Them Audited By Auditors Appointed By Adb. 5.1 Eligible Bidders Are As Described In Adb Procurement Guidelinesas Stated In The Financing Agreementand As Described On Asian Development Bank’s Web Page Www.adb.org. An Eligible Bidder Shall Be Deemed To Have The Nationality Of A Country If It Is A Citizen Or Constituted Or Incorporated, And Operates In Conformity With The Provisions Of The Laws Of That Country. 5.2 Eligible Bidders Are As Described In Adb Procurement Guidelinesas Stated In The Financing Agreementand As Described On Asian Development Bank’s Web Page Www.adb.org. 5.4 Instruction Is The Same As The Gop Bid Data Sheet 7 Eligible Goods And Services Shall Have Their Origin In Eligible Source Countries As Described In Adb Procurement Guidelines As Stated In The Financing Agreement And As Described On Asian Development Bank’s Web Page Www.adb.org. For The Purpose Of This Clause, Origin Means The Country Where The Goods Have Been Grown In, Mined, Cultivated, Produced, Manufactured, Or Processed; Or Through Manufacture, Processing, Or Assembly, Another Commercially Recognized Article Results That Differs Substantially In Its Basic Characteristics From Its Imported Components. 8.1 Instruction Is The Same As The Gop Bid Data Sheet 8.2 Instruction Is The Same As The Gop Bid Data Sheet 9.1 Instruction Is The Same As The Gop Bid Data Sheet 10.1 Instruction Is The Same As The Gop Bid Data Sheet 12.1 The First Envelope Shall Contain The Following Eligibility And Technical Documents: A. Eligibility Requirements I. Registration Certification Of The Company; Ii. List And Copy Of Relevant Contracts That Comply To The Experience Requirement As Specified In Itb Clause 5.4; Iii. Audited Financial Statement For The Past Two Years; Iv. Committed Line Of Credit From A Universal Or Commercial Bank, In Accordance With Itb Clause 5.5 V. In Case Of Joint Venture, The Jv Agreement, If Existing, Or A Signed Statement From The Partner Companies That They Will Enter Into A Jv In Case Of Award Of Contract; B. Technical Documents Vi. Bid Security Or Bid Securing Declaration As Required In The Itb 18; Vii. Conformity With The Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; Viii. Sworn Statement In Accordance With Section 25.3 Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii. Bidding Forms. Foreign Bidders May Submit The Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder. 12.1(a)(ii) Instruction Is The Same As The Gop Bid Data Sheet 13.1 Instruction Is The Same As The Gop Bid Data Sheet 13.1(b) Domestic Preference Is Not Applicable 13.1(c) Instruction Is The Same As The Gop Bid Data Sheet 13.2 Abc Does Not Apply As Ceiling For Bid Prices 15.4(a)(iv) Instruction Is The Same As The Gop Bid Data Sheet 15.4(b) Instruction Is The Same As The Gop Bid Data Sheet 16.1(b) Instruction Is The Same As The Gop Bid Data Sheet 16.3 Instruction Is The Same As The Gop Bid Data Sheet 17.1 Instruction Is The Same As The Gop Bid Data Sheet 18.1 Instruction Is The Same As The Gop Bid Data Sheet 18.2 Instruction Is The Same As The Gop Bid Data Sheet 20.3 Instruction Is The Same As The Gop Bid Data Sheet 21 Instruction Is The Same As The Gop Bid Data Sheet 24.1 The Bac Shall Open The Bids In Public On [insert Date And Time Of Bid Opening], At [insert Place Of Bid Opening]. The Time For The Bid Opening Shall Be The Same As The Deadline For Receipt Of Bids Or Promptly Thereafter. Rescheduling The Date Of The Opening Of Bids Shall Not Be Considered Except For Force Majeure, Such As Natural Calamities. In Re-scheduling The Opening Of Bids, The Bac Shall Issue A Notice Of Postponement To Be Posted At The Philgeps And The Procuring Entity’s Websites. 24.2 During Bid Opening, If The First Envelope Lacks Any Of The Documents Listed In The Adb Bds 12.1, The Bid Shall Be Declared Non-responsive But The Documents Shall Be Kept By The Procuring Entity. Only The Unopened Second Envelope Shall Be Returned To The Bidder. 24.3 The Bac Shall Immediately Open The Financial Proposals In The Second Envelope Of The Responsive Bids. The Bid Price Shall Be Read And Recorded. 27.1 Domestic Preference Is Not Applicable 28.3(a) Instruction Is The Same As The Gop Bid Data Sheet 28.3(b) Instruction Is The Same As The Gop Bid Data Sheet 28.4 Abc Does Not Apply As Ceiling For Bid Prices 29.2 Instruction Is The Same As The Gop Bid Data Sheet 32.4(f) Instruction Is The Same As The Gop Bid Data Sheet Asian Development Bank Special Conditions Of Contract The Adb Adopts The Provisions Of The Special Conditions Of Contract Of The Gop As Contained In The Harmonized Philippine Bidding Documents Dated ________, Except Gcc Clause 1.1(j) (funding Source) And Gcc Clause 2.1 (corrupt, Fraudulent, Collusive, And Coercive Practices) Which Shall Read As Follows: Scc Clause 1.1(j) The Funding Source Is The Asian Development Bank (adb) Through [indicate The Loan/grant/financing No.] In The Amount Of [insert Amount Of Funds]. 2.1 Adb’s Anticorruption Policy Requires Borrowers (including Beneficiaries Of Adb-financed Activity), As Well As Bidders, Suppliers, And Contractors Under Adb-financed Contracts, Observe The Highest Standard Of Ethics During The Procurement And Execution Of Such Contracts. In Pursuance Of This Policy, Adb (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows: (i) “corrupt Practice” Means The Offering, Giving, Receiving, Or Soliciting, Directly Or Indirectly, Anything Of Value To Influence Improperly The Actions Of Another Party; (ii) “fraudulent Practice” Means Any Act Or Omission, Including A Misrepresentation, That Knowingly Or Recklessly Misleads, Or Attempts To Mislead, A Party To Obtain A Financial Or Other Benefit Or To Avoid An Obligation; (iii) “coercive Practice” Means Impairing Or Harming, Or Threatening To Impair Or Harm, Directly Or Indirectly, Any Party Or The Property Of The Party To Influence Improperly The Actions Of A Party; (iv) “collusive Practice” Means An Arrangement Between Two Or More Parties Designed To Achieve An Improper Purpose, Including Influencing Improperly The Actions Of Another Party; (v) “obstructive Practice” Means (a) Deliberately Destroying, Falsifying, Altering, Or Concealing Of Evidence Material To An Adb Investigation; (b) Making False Statements To Investigators In Order To Materially Impede An Adb Investigation; (c) Failing To Comply With Requests To Provide Information, Documents Or Records In Connection With An Office Of Anticorruption And Integrity (oai) Investigation; (d) Threatening, Harassing, Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Investigation Or From Pursuing The Investigation; Or (e) Materially Impeding Adbʼs Contractual Rights Of Audit Or Access To Information; And (vi) “integrity Violation" Is Any Act Which Violates Adb’s Anticorruption Policy, Including (i) To (v) Above And The Following: Abuse, Conflict Of Interest, Violations Of Adb Sanctions, Retaliation Against Whistleblowers Or Witnesses, And Other Violations Of Adb's Anticorruption Policy, Including Failure To Adhere To The Highest Ethical Standard. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has, Directly Or Through An Agent, Engaged In Corrupt, Fraudulent, Collusive, Coercive, Or Obstructive Practices Or Other Integrity Violations In Competing For The Contract; (c) Will Cancel The Portion Of The Financing Allocated To A Contract If It Determines At Any Time That Representatives Of The Borrower Or Of A Beneficiary Of Adb-financing Engaged In Corrupt, Fraudulent, Collusive, Coercive, Or Obstructive Practices Or Other Integrity Violations During The Procurement Or The Execution Of That Contract, Without The Borrower Having Taken Timely And Appropriate Action Satisfactory To Adb To Remedy The Situation; And (d) Will Impose Remedial Actions On A Firm Or An Individual, At Any Time, In Accordance With Adb’s Anticorruption Policy And Integrity Principles And Guidelines (both As Amended From Time To Time), Including Declaring Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Participate In Adb-financed, Administered, Or Supported Activities Or To Benefit From An Adb-financed, Administered, Or Supported Contract, Financially Or Otherwise, If It At Any Time Determines That The Firm Or Individual Has, Directly Or Through An Agent, Engaged In Corrupt, Fraudulent, Collusive, Coercive, Or Obstructive Practices Or Other Integrity Violations. World Bank Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is[insert Name Of Purchasing Organization] 1.2 The Lot(s) And Reference Is/are: [insert Name] 2 The Funding Source Is The World Bank Through [indicate The Loan/grant No.] In The Amount Of [insert Amount Of Funds]. The Name Of The Project Is: [insert The Name Of The Project] 3.1 The World Bank Guidelines On Anti-corruption, As Stated In The Loan Agreement And As Annexed To The World Bank Standard Conditions Of Contract, Shall Be Adopted. 5.1 Nofurther Instruction. 5.2 The Loan/grant Agreement Provides That Procurement Shall Follow The Bank’s Procurement Guidelines And Section 1.8 Thereof Permits The Participation Of Firm From All Countries Except For Those Mentioned In Section 1.10 Thereof.”. 5.4 Instruction Is The Same As The Gop Bid Data Sheet 7 Instruction Is The Same As The Gop Bid Data Sheet 8.1 Instruction Is The Same As The Gop Bid Data Sheet 8.2 Instruction Is The Same As The Gop Bid Data Sheet 9.1 Instruction Is The Same As The Gop Bid Data Sheet 10.1 Instruction Is The Same As The Gop Bid Data Sheet 12.1 During Bid Opening, If The First Bid Envelope Lacks Any Of The Following Documents, The Bid Shall Be Declared Non-responsive. The First Envelope Shall Contain The Following Eligibility And Technical Documents: A. Eligibility Requirements I. Registration Certification Of The Company; Ii. List Of Relevant Contracts That Comply To Experience Requirement As Specified In Itb Clause 5.4; Iii. Audited Financial Statement For The Past 2 Years; Iv. Line Of Credit From A Universal Or Commercial Bank, In Accordance With Itb Clause 5.5; V. In Case Of Joint Venture, The Jv Agreement, If Existing, Or A Signed Statement From The Partner Companies That They Will Enter Into A Jv In Case Of Award Of Contract. B. Technical Document V. Bid Security Or Bid Securing Declaration As Required In Itb 18; Vi. Conformity With The Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; Vii. Sworn Statement In Accordance With Section 25.3 Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii. Bidding Forms. Foreign Bidders May Submit The Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder. 12.1(a)(ii) Instruction Is The Same As The Gop Bid Data Sheet 13.1 Instruction Is The Same As The Gop Bid Data Sheet 13.1(b) Domestic Preference Is Not Applicable. 13.2 Abc Does Not Generally Apply As A Ceiling For Bid Prices. However,subject To Prior Concurrence Of The World Bank, A Ceiling May Be Applied To Bid Prices Provided The Following Conditions Are Met: A) 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. B) 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. C) 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. D) The Procuring Entity Has Established A System To Monitor And Report Bid Prices Relative To Abc And Engineer’s/procuring Entity’s Estimate. E) 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. 15.4(a)(iv) Instruction Is The Same As The Gop Bid Data Sheet 15.4(b) Instruction Is The Same As The Gop Bid Data Sheet 16.1(b) Instruction Is The Same As The Gop Bid Data Sheet 16.3 Instruction Is The Same As The Gop Bid Data Sheet 17.1 Instruction Is The Same As The Gop Bid Data Sheet 18.1 Instruction Is The Same As The Gop Bid Data Sheet 18.2 Instruction Is The Same As The Gop Bid Data Sheet 20.3 Instruction Is The Same As The Gop Bid Data Sheet 21 Instruction Is The Same As The Gop Bid Data Sheet 24.1 The Bac Shall Open The Bids In Public On [insert Date And Time Of Bid Opening], At [insert Place Of Bid Opening]. The Time For The Bid Opening Shall Be The Same As The Deadline For Receipt Of Bids Or Promptly Thereafter. Rescheduling The Date Of The Opening Of Bids Shall Not Be Considered Except For Force Majeure, Such As Natural Calamities. In Re-scheduling The Opening Of Bids, The Bac Shall Issue A Notice Of Postponement To Be Posted At The Philgeps And The Procuring Entity’s Websites. 24.2 During Bid Opening, If The First Envelope Lacks Any Of The Documents Listed In World Bank Bds 12.1, The Bid Shall Be Declared Non-responsive But The Documents Shall Be Kept By The Procuring Entity. 24.3 The Financial Proposals In The Second Envelope Of All The Bidders Shall Be Read For Record Purposes. The First And Second Envelopes Shall Not Be Returned To The Bidders. 27.1 No Domestic Preference Is Applicable. 28.3(a) Instruction Is The Same As The Gop Bid Data Sheet 28.3(b) Instruction Is The Same As The Gop Bid Data Sheet 28.4 Follow Clause Itb No. 13.2 On Whether Abc As A Price Ceiling Will Apply. 29.2 Instruction Is The Same As The Gop Bid Data Sheet 32.4(f) Instruction Is The Same As The Gop Bid Data Sheet World Bank Special Conditions Of Contract The World Bank Adopts The Provisions Of The Special Conditions Of Contract Of The Gop As Contained In The Harmonized Philippine Bidding Documents Dated ________, Except Gcc Clause 2.1 (corrupt, Fraudulent, Collusive, And Coercive Practices) Which Shall Read As Follows: Scc Clause 1.1(j) The World Bank Is The Funding Source Through Loan Agreement No._____ 1.1(k) Instruction Is The Same As The Gop Scc 2.1 Adopted Is Guidelines On Preventing And Combating Fraud And Corruption In Projects Financed By Ibrd Loans And Ida Credits And Grants Dated October 15, 2006 And Revised In January 2011, That Is Annex To The Scc. 6.2 Instruction Is The Same As The Gop Scc 10.4 Instruction Is The Same As The Gop Scc 10.5 Instruction Is The Same As The Gop Scc 11.3 Instruction Is The Same As The Gop Scc 13.4(c) Instruction Is The Same As The Gop Scc 16.1 Instruction Is The Same As The Gop Scc 17.3 Instruction Is The Same As The Gop Scc 17.4 Instruction Is The Same As The Gop Scc 21.1 Instruction Is The Same As The Gop Scc

Closing Date23 Jan 2025

Tender AmountPHP 396 K (USD 6.7 K)

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VETERANS AFFAIRS, DEPARTMENT OF USA Tender

Healthcare and Medicine

United States

Details: (i) This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Federal Acquisition Regulation (far) Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Offers Are Being Requested And A Written Solicitation Will Not Be Issued. (ii) The Solicitation Number 36c26225q0271 Is Issued As A Request For Quotation (rfq). (iii) The Provisions And Clauses In This Document Are In Effect Through The Federal Acquisition Circular. (iv) This Solicitation Is Set Aside For All Service-disabled Veteran-owned Small Businesses (sdvosb) Using Naics Code 339112 Having A Size Standard Of 1000 Employees. This Solicitation Is For A Brand Name Or Equal. formatting: all Solicitations Shall Include The Following Statement: 691 - 36c26225q0271 Versa Table quotes Shall Provide The Following Information. quotes Received Without This Information Will Be Marked As Non-responsive. your Quote Should Include The Standard Delivery Cost For Shipment Of The All The Items And Any Installation As All Inclusive (if Required). quotes Shall Be Submitted On Company Letterhead As A Single Document. no Other Documents Or Information Shall Be Attached To The Quote. company name: address: phone Number: point Of Contact: name: email: phone Number: sam Unique Entity Id if Applicable, Provide Your Company Fss Contract Number company Business Size (large, Sdvosb, Small, Etc.) firm Delivery Date/time Frame. separate Documents (required) provide An Authorized Distributor/reseller Letter For The Items submit Your Capabilities Statement (v) Product Information: brand Name Information: manufacturer & Part Number: Ultrascan Versa Table - 8000_uv, 8000 Ultrascan type: Ultrasound Table possible Capabilities: Ultrasound Table equal To Product Information: main Component: Versa Table possible Capabilities: Ultrasound Table brand Name Items Are Listed Solely For A Comparison For The Brand Name Or Equal Purchase Request. 095 1 Ultrascan Versa Table; Includes 3 Ea Product Id - 8000_uv, 8000 Ultrascan Versa Individual Locking Caster Base. 15604 2 Iv Pole And Brackets 3 Ea 15819 3 Removable Safety Handrails With Hideaway Brackets 3 Ea Total Cost: $ (vi) The Us Government, Veterans Affairs (va) Seeks To Make A Procurement For 3 Ea Versa Tables Including Delivery. offeror Quotations Must Demonstrate Meeting The Salient Physical, Functional, Or Performance Characteristics Specified In This Solicitation, Otherwise It Will Be Considered Non-responsive. The Technical Specifications For This Requirement Are Listed For Brand Name Or Equal Per far 52.211-6. the Information Identified Provided Is Intended To Be Descriptive, Not Restrictive And To Indicate The Quality That Will Be Satisfactory. The Interested Parties Bear Full Responsibility To Ensure Their Submission Demonstrates To The Government That They Can Provide The Brand Name Or Equal To Supplies Being Requested. statement Of Work 1. Background. The Va Phoenix Healthcare System Has A Requirement To Acquire 3 Ea Versa Tables Including Delivery. 2. Scope. The Vendor Is To Deliver All Items As Required Per This Solicitation. 3. Place Of Delivery department Of Veterans Affairs va Phoenix Healthcare System 650 East Indian School Road receiving Warehouse phoenix, Az 85012-1839 4. Period Of Performance/delivery Timeframe deliver All Items On Or Before 90 Days Aro. salient Characteristics shall Have A Locking And Fully Adjustable Back And Ottoman Recline Position. shall Have An Adjustable Flip-up Arm Rests On Both Sides. shall Be Compatible With Golvo Patient Lifts. must Have Centrally Located Wheel Lock And Steer Component. shall Have Non-porous Vinyl Cffa-healthcare-201: Certified Fabric. shall Have A Side Hood And/or A Pole Accessory seat Height Must Be Between 17-19 Inches. (viii) The Provision At 52.212-1, Instructions To Offerors Commercial Items, Applies To This Solicitation. far 52.212-1 Addendum: all Offeror Quotes For This Solicitation Must Be Received Electronically Through Email No Later Than 01/03/2025, 4:00 Pm Pst. Any Offeror Quotes Received After The Prescribed Date/time Shall Be Considered Late, Marked As Non-responsive And Will Not Be Considered For Award. All Questions Regarding This Solicitation Must Be Received Electronically Through Email No Later Than 12/31/2024, 4:00 Pm Pst. Offers And Questions Shall Be Sent By Email To John Harrison At John.harrison2@va.gov (ix) The Provision At Far 52.212-2, Evaluation -- Commercial Items (oct 2014), Applies To This Solicitation. far 52.212-2 Addendum / Replacement: (a) The Government Will Award A Contract Resulting From This Solicitation To The Responsive And 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: technical Acceptability Shall Be Established By Review Of Each Submitted Quote, attachments, And/or Information By The Designated Technical Evaluator/s And Verification That Any Brand Name Or Equal To Items" At A Minimum Meet The Salient Characteristics Outlined In Section Salient Characteristics Of This Solicitation. No Other Rating Or Quantitative Value Other Than Acceptable Or Unacceptable Will Be Assigned. award Will Be Made To The Offer That Meets All Minimum Requirements And Provides The Lowest Price. acceptability Of Equipment/services Shall Be Established By Review Of Each Submitted Quotation By The Designated Evaluator(s) And Verification That Any Equal-to Items Meet The Statement Of Work/salient Characteristics Included In This Solicitation. Submissions To This Solicitation Must Show Clear, Compelling, And Convincing Evidence That Equal-to Items Meet Statement Of Work/ Salient Characteristics. Offers That Include Any Items That Are Not Determined As Brand Name Or Equal Shall Result In An Unacceptable Offer. See 52.211-6 Brand Name Or Equal For Additional Information. far 52.211-6 Brand Name Or Equalâ (aug 1999) (a)â if An Item In Thisâ solicitationâ is Identified As "brand Name Or Equal," The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That "equal"â productsâ mustâ meet Are Specified In Theâ solicitation. (b)â to Be Considered For Award,â offersâ of "equal"â products, Including "equal"â productsâ of The Brand Name Manufacturer,â must- (1)â meet The Salient Physical, Functional, Or Performance Characteristic Specified In Thisâ solicitation; (2)â clearly Identify The Item By- (i)â brand Name, If Any; And (ii)â make Or Model Number; (3)â includeâ descriptive Literatureâ such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To Theâ contracting Officer; And (4)â clearly Describe Any Modifications Theâ offerorâ plans To Make In A Product To Make It Conform To Theâ solicitationâ requirements. Mark Any Descriptive Material To Clearly Show The Modifications. (c)â theâ contracting Officerâ will Evaluate "equal"â productsâ on The Basis Of Information Furnished By Theâ offerorâ or Identified In Theâ offerâ and Reasonably Available To Theâ contracting Officer. Theâ contracting Officerâ is Not Responsible For Locating Or Obtaining Any Information Not Identified In Theâ offer. (d)â unless Theâ offerorâ clearly Indicates In Itsâ offerâ that The Product Being Offered Is An "equal" Product, Theâ offerorâ shallâ provide The Brand Name Product Referenced In Theâ solicitation. (end Of Provision) (b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s). (c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified With A Minimum Of At Least Sixty Days, 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 There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. (end Of Provision) (x) Must Include A Completed Copy Of The Provision At 52.212-3 -- Offeror Representations And Certifications -- Commercial Items, With This Solicitation Or Ensure Sam.gov Is Updated With Current Information. (xi) The Clause At 52.212-4, Contract Terms And Conditions -- Commercial Items, Applies To This Acquisition. authorized Distributor Letter (adl) any Suppliers, Distributors And/or Resellers Who Participate In This Solicitation, Must Be Authorized To Provide The Supplies By The Original Equipment Manufacturer (oem). An Authorized Distributor Letter (adl) From The Manufacturer Shall Be Included With Your Response To Be Considered For Award. if The Potential Authorized Supplier Is Not The Oem, The Authorized Supplier Must Provide An Authorized Distributor Letter From The Oem Signed Within The Last 90 Days. The Letter Must Either State Specific Product(s) Quoted Or That The Quoter Is An Authorized Distributor For All Of The Manufacturer S Products. This Letter Must Be On The Manufacturer S Letterhead And Contain The Signature Of An Authorized Official For The Manufacturer. 52.212-4 Contract Terms And Conditions Commercial Items (oct 2018) (a) Inspection/acceptance. The Contractor Shall Only Tender For Acceptance Those Items That Conform To The Requirements Of This Contract. The Government Reserves The Right To Inspect Or Test Any Supplies Or Services That Have Been Tendered For Acceptance. The Government May Require Repair Or Replacement Of Nonconforming Supplies Or Reperformance Of Nonconforming Services At No Increase In Contract Price. If Repair/replacement Or Reperformance Will Not Correct The Defects Or Is Not Possible, The Government May Seek An Equitable Price Reduction Or Adequate Consideration For Acceptance Of Nonconforming Supplies Or Services. The Government Must Exercise Its Post-acceptance Rights (1) Within A Reasonable Time After The Defect Was Discovered Or Should Have Been Discovered; And (2) Before Any Substantial Change Occurs In The Condition Of The Item Unless The Change Is Due To The Defect In The Item. (b) Assignment. The Contractor Or Its Assignee May Assign Its Rights To Receive Payment Due As A Result Of Performance Of This Contract To A Bank, Trust Company, Or Other Financing Institution, Including Any Federal Lending Agency In Accordance With The Assignment Of Claims Act (31 U.s.c. 3727). However, When A Third Party Makes Payment (e.g., Use Of The Governmentwide Commercial Purchase Card), The Contractor May Not Assign Its Rights To Receive Payment Under This Contract. (c) Changes. Changes In The Terms And Conditions Of This Contract May Be Made Only By Written Agreement Of The Parties. (d) Disputes. This Contract Is Subject To 41 U.s.c. Chapter 71, Contract Disputes. Failure Of The Parties To This Contract To Reach Agreement On Any Request For Equitable Adjustment, Claim, Appeal Or Action Arising Under Or Relating To This Contract Shall Be A Dispute To Be Resolved In Accordance With The Clause At Far 52.233-1, Disputes, Which Is Incorporated Herein By Reference. The Contractor Shall Proceed Diligently With Performance Of This Contract, Pending Final Resolution Of Any Dispute Arising Under The Contract. (e) Definitions. The Clause At Far 52.202-1, Definitions, Is Incorporated Herein By Reference. (f) Excusable Delays. The Contractor Shall Be Liable For Default Unless Nonperformance Is Caused By An Occurrence Beyond The Reasonable Control Of The Contractor And Without Its Fault Or Negligence Such As, Acts Of God Or The Public Enemy, Acts Of The Government In Either Its Sovereign Or Contractual Capacity, Fires, Floods, Epidemics, Quarantine Restrictions, Strikes, Unusually Severe Weather, And Delays Of Common Carriers. The Contractor Shall Notify The Contracting Officer In Writing As Soon As It Is Reasonably Possible After The Commencement Of Any Excusable Delay, Setting Forth The Full Particulars In Connection Therewith, Shall Remedy Such Occurrence With All Reasonable Dispatch, And Shall Promptly Give Written Notice To The Contracting Officer Of The Cessation Of Such Occurrence. (g) Invoice. (1) The Contractor Shall Submit An Original Invoice And Three Copies (or Electronic Invoice, If Authorized) To The Address Designated In The Contract To Receive Invoices. An Invoice Must Include (i) Name And Address Of The Contractor; (ii) Invoice Date And Number; (iii) Contract Number, Line-item Number And, If Applicable, The Order Number; (iv) Description, Quantity, Unit Of Measure, Unit Price And Extended Price Of The Items Delivered; (v) Shipping Number And Date Of Shipment, Including The Bill Of Lading Number And Weight Of Shipment If Shipped On Government Bill Of Lading; (vi) Terms Of Any Discount For Prompt Payment Offered; (vii) Name And Address Of Official To Whom Payment Is To Be Sent; (viii) Name, Title, And Phone Number Of Person To Notify In Event Of Defective Invoice; And (ix) Taxpayer Identification Number (tin). The Contractor Shall Include Its Tin On The Invoice Only If Required Elsewhere In This Contract. (x) Electronic Funds Transfer (eft) Banking Information. (a) The Contractor Shall Include Eft Banking Information On The Invoice Only If Required Elsewhere In This Contract. (b) If Eft Banking Information Is Not Required To Be On The Invoice, In Order For The Invoice To Be A Proper Invoice, The Contractor Shall Have Submitted Correct Eft Banking Information In Accordance With The Applicable Solicitation Provision, Contract Clause (e.g., 52.232-33, Payment By Electronic Funds Transfer System For Award Management, Or 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management), Or Applicable Agency Procedures. (c) Eft Banking Information Is Not Required If The Government Waived The Requirement To Pay By Eft. (2) Invoices Will Be Handled In Accordance With The Prompt Payment Act (31 U.s.c. 3903) And Office Of Management And Budget (omb) Prompt Payment Regulations At 5 Cfr Part 1315. (h) Patent Indemnity. The Contractor Shall Indemnify The Government And Its Officers, Employees And Agents Against Liability, Including Costs, For Actual Or Alleged Direct Or Contributory Infringement Of, Or Inducement To Infringe, Any United States Or Foreign Patent, Trademark Or Copyright, Arising Out Of The Performance Of This Contract, Provided The Contractor Is Reasonably Notified Of Such Claims And Proceedings. (i) Payment. (1) Items Accepted. Payment Shall Be Made For Items Accepted By The Government That Have Been Delivered To The Delivery Destinations Set Forth In This Contract. (2) Prompt Payment. The Government Will Make Payment In Accordance With The Prompt Payment Act (31 U.s.c. 3903) And Prompt Payment Regulations At 5 Cfr Part 1315. (3) Electronic Funds Transfer (eft). If The Government Makes Payment By Eft, See 52.212-5(b) For The Appropriate Eft Clause. (4) Discount. In Connection With Any Discount Offered For Early Payment, Time Shall Be Computed From The Date Of The Invoice. For The Purpose Of Computing The Discount Earned, Payment Shall Be Considered To Have Been Made On The Date Which Appears On The Payment Check Or The Specified Payment Date If An Electronic Funds Transfer Payment Is Made. (5) Overpayments. If The Contractor Becomes Aware Of A Duplicate Contract Financing Or Invoice Payment Or That The Government Has Otherwise Overpaid On A Contract Financing Or Invoice Payment, The Contractor Shall (i) Remit The Overpayment Amount To The Payment Office Cited In The Contract Along With A Description Of The Overpayment Including The (a) Circumstances Of The Overpayment (e.g., Duplicate Payment, Erroneous Payment, Liquidation Errors, Date(s) Of Overpayment); (b) Affected Contract Number And Delivery Order Number, If Applicable; (c) Affected Line Item Or Subline Item, If Applicable; And (d) Contractor Point Of Contact. (ii) Provide A Copy Of The Remittance And Supporting Documentation To The Contracting Officer. (6) Interest. (i) All Amounts That Become Payable By The Contractor To The Government Under This Contract Shall Bear Simple Interest From The Date Due Until Paid Unless Paid Within 30 Days Of Becoming Due. The Interest Rate Shall Be The Interest Rate Established By The Secretary Of The Treasury As Provided In 41 U.s.c. 7109, Which Is Applicable To The Period In Which The Amount Becomes Due, As Provided In (i)(6)(v) Of This Clause, And Then At The Rate Applicable For Each Six-month Period As Fixed By The Secretary Until The Amount Is Paid. (ii) The Government May Issue A Demand For Payment To The Contractor Upon Finding A Debt Is Due Under The Contract. (iii) Final Decisions. The Contracting Officer Will Issue A Final Decision As Required By 33.211 If (a) The Contracting Officer And The Contractor Are Unable To Reach Agreement On The Existence Or Amount Of A Debt Within 30 Days; (b) The Contractor Fails To Liquidate A Debt Previously Demanded By The Contracting Officer Within The Timeline Specified In The Demand For Payment Unless The Amounts Were Not Repaid Because The Contractor Has Requested An Installment Payment Agreement; Or (c) The Contractor Requests A Deferment Of Collection On A Debt Previously Demanded By The Contracting Officer (see 32.607-2). (iv) If A Demand For Payment Was Previously Issued For The Debt, The Demand For Payment Included In The Final Decision Shall Identify The Same Due Date As The Original Demand For Payment. (v) Amounts Shall Be Due At The Earliest Of The Following Dates: (a) The Date Fixed Under This Contract. (b) The Date Of The First Written Demand For Payment, Including Any Demand For Payment Resulting From A Default Termination. (vi) The Interest Charge Shall Be Computed For The Actual Number Of Calendar Days Involved Beginning On The Due Date And Ending On (a) The Date On Which The Designated Office Receives Payment From The Contractor; (b) The Date Of Issuance Of A Government Check To The Contractor From Which An Amount Otherwise Payable Has Been Withheld As A Credit Against The Contract Debt; Or (c) The Date On Which An Amount Withheld And Applied To The Contract Debt Would Otherwise Have Become Payable To The Contractor. (vii) The Interest Charge Made Under This Clause May Be Reduced Under The Procedures Prescribed In 32.608-2 Of The Federal Acquisition Regulation In Effect On The Date Of This Contract. (j) Risk Of Loss. Unless The Contract Specifically Provides Otherwise, Risk Of Loss Or Damage To The Supplies Provided Under This Contract Shall Remain With The Contractor Until, And Shall Pass To The Government Upon: (1) Delivery Of The Supplies To A Carrier, If Transportation Is F.o.b. Origin; Or (2) Delivery Of The Supplies To The Government At The Destination Specified In The Contract, If Transportation Is F.o.b. Destination. (k) Taxes. The Contract Price Includes All Applicable Federal, State, And Local Taxes And Duties. (l) Termination For The Government's Convenience. The Government Reserves The Right To Terminate This Contract, Or Any Part Hereof, For Its Sole Convenience. In The Event Of Such Termination, The Contractor Shall Immediately Stop All Work Hereunder And Shall Immediately Cause Any And All Of Its Suppliers And Subcontractors To Cease Work. Subject To The Terms Of This Contract, The Contractor Shall Be Paid A Percentage Of The Contract Price Reflecting The Percentage Of The Work Performed Prior To The Notice Of Termination, Plus Reasonable Charges The Contractor Can Demonstrate To The Satisfaction Of The Government Using Its Standard Record Keeping System, Have Resulted From The Termination. The Contractor Shall Not Be Required To Comply With The Cost Accounting Standards Or Contract Cost Principles For This Purpose. This Paragraph Does Not Give The Government Any Right To Audit The Contractor's Records. The Contractor Shall Not Be Paid For Any Work Performed Or Costs Incurred Which Reasonably Could Have Been Avoided. (m) Termination For Cause. The Government May Terminate This Contract, Or Any Part Hereof, For Cause In The Event Of Any Default By The Contractor, Or If The Contractor Fails To Comply With Any Contract Terms And Conditions, Or Fails To Provide The Government, Upon Request, With Adequate Assurances Of Future Performance. In The Event Of Termination For Cause, The Government Shall Not Be Liable To The Contractor For Any Amount For Supplies Or Services Not Accepted, And The Contractor Shall Be Liable To The Government For Any And All Rights And Remedies Provided By Law. If It Is Determined That The Government Improperly Terminated This Contract For Default, Such Termination Shall Be Deemed A Termination For Convenience. (n) Title. Unless Specified Elsewhere In This Contract, Title To Items Furnished Under This Contract Shall Pass To The Government Upon Acceptance, Regardless Of When Or Where The Government Takes Physical Possession. (o) Warranty. The Contractor Warrants And Implies That The Items Delivered Hereunder Are Merchantable And Fit For Use For The Particular Purpose Described In This Contract. (p) Limitation Of Liability. Except As Otherwise Provided By An Express Warranty, The Contractor Will Not Be Liable To The Government For Consequential Damages Resulting From Any Defect Or Deficiencies In Accepted Items. (q) Other Compliances. The Contractor Shall Comply With All Applicable Federal, State And Local Laws, Executive Orders, Rules And Regulations Applicable To Its Performance Under This Contract. (r) Compliance With Laws Unique To Government Contracts. The Contractor Agrees To Comply With 31 U.s.c. 1352 Relating To Limitations On The Use Of Appropriated Funds To Influence Certain Federal Contracts; 18 U.s.c. 431 Relating To Officials Not To Benefit; 40 U.s.c. Chapter 37, Contract Work Hours And Safety Standards; 41 U.s.c. Chapter 87, Kickbacks; 41 U.s.c. 4712 And 10 U.s.c. 2409 Relating To Whistleblower Protections; 49 U.s.c. 40118, Fly American; And 41 U.s.c. Chapter 21 Relating To Procurement Integrity. (s) Order Of Precedence. Any Inconsistencies In This Solicitation Or Contract Shall Be Resolved By Giving Precedence In The Following Order: (1) The Schedule Of Supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance With Laws Unique To Government Contracts, And Unauthorized Obligations Paragraphs Of This Clause; (3) The Clause At 52.212-5. (4) Addenda To This Solicitation Or Contract, Including Any License Agreements For Computer Software. (5) Solicitation Provisions If This Is A Solicitation. (6) Other Paragraphs Of This Clause. (7) The Standard Form 1449. (8) Other Documents, Exhibits, And Attachments (9) The Specification. (t) [reserved] (u) Unauthorized Obligations. (1) Except As Stated In Paragraph (u)(2) Of This Clause, When Any Supply Or Service Acquired Under This Contract Is Subject To Any End User License Agreement (eula), Terms Of Service (tos), Or Similar Legal Instrument Or Agreement, That Includes Any Clause Requiring The Government To Indemnify The Contractor Or Any Person Or Entity For Damages, Costs, Fees, Or Any Other Loss Or Liability That Would Create An Anti-deficiency Act Violation (31 U.s.c. 1341), The Following Shall Govern: (i) Any Such Clause Is Unenforceable Against The Government. (ii) Neither The Government Nor Any Government Authorized End User Shall Be Deemed To Have Agreed To Such Clause By Virtue Of It Appearing In The Eula, Tos, Or Similar Legal Instrument Or Agreement. If The Eula, Tos, Or Similar Legal Instrument Or Agreement Is Invoked Through An I Agree Click Box Or Other Comparable Mechanism (e.g., Click-wrap Or Browse-wrap Agreements), Execution Does Not Bind The Government Or Any Government Authorized End User To Such Clause. (iii) Any Such Clause Is Deemed To Be Stricken From The Eula, Tos, Or Similar Legal Instrument Or Agreement. (2) Paragraph (u)(1) Of This Clause Does Not Apply To Indemnification By The Government That Is Expressly Authorized By Statute And Specifically Authorized Under Applicable Agency Regulations And Procedures. (v) Incorporation By Reference. The Contractor S Representations And Certifications, Including Those Completed Electronically Via The System For Award Management (sam), Are Incorporated By Reference Into The Contract. (end Of Clause) (xii) The Clause At 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, Applies To This Acquisition. 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items (jun 2020) (a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items: (1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (2) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (jul 2018) (section 1634 Of Pub. L. 115 91). (3) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (section 889(a)(1)(a) Of Pub. L. 115 232). (4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015). (5) 52.233-3, Protest After Award (aug 1996) (31 U.s.c. 3553). (6) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 (19 U.s.c. 3805 Note)). (b) The Contractor Shall Comply With The Far Clauses In This Paragraph (b) That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items: [] (1) 52.203 6, Restrictions On Subcontractor Sales To The Government (jun 2020), With Alternate I (oct 1995) (41 U.s.c. 4704 And 10 U.s.c. 2402). [] (2) 52.203 13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509). [] (3) 52.203 15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.) [] (4) 52.204 10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109 282) (31 U.s.c. 6101 Note). [] (5) [reserved] [] (6) 52.204 14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111 117, Section 743 Of Div. C). [] (7) 52.204 15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111 117, Section 743 Of Div. C). [] (8) 52.209 6, Protecting The Government S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (jun 2020) (31 U.s.c. 6101 Note). [] (9) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313). [] (10) [reserved] [] (11)(i) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (mar 2020) (15 U.s.c. 657a). [] (ii) Alternate I (mar 2020) Of 52.219-3. [x] (12)(i) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (mar 2020) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) (15 U.s.c. 657a). [] (ii) Alternate I (mar 2020) Of 52.219-4. [] (13) [reserved] [] (14)(i) 52.219-6, Notice Of Total Small Business Set-aside (mar 2020) (15 U.s.c. 644). [] (ii) Alternate I (mar 2020). [] (15)(i) 52.219-7, Notice Of Partial Small Business Set-aside (mar 2020) (15 U.s.c. 644). [] (ii) Alternate I (mar 2020) Of 52.219-7. [] (16) 52.219-8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)). [] (17)(i) 52.219 9, Small Business Subcontracting Plan (jun 2020) (15 U.s.c. 637(d)(4)). [] (ii) Alternate I (nov 2016) Of 52.219-9. [] (iii) Alternate Ii (nov 2016) Of 52.219-9. [] (iv) Alternate Iii (jun 2020) Of 52.219 9. [] (v) Alternate Iv (jun 2020) Of 52.219 9. [] (18) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) (15 U.s.c. 644(r)). [] (19) 52.219-14, Limitations On Subcontracting (mar 2020) (15 U.s.c. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages Subcontracting Plan (jan 1999) (15 U.s.c. 637(d)(4)(f)(i)). [] (21) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (mar 2020) (15 U.s.c. 657f). [] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (mar 2020) (15 U.s.c 632(a)(2)). [] (ii) Alternate I (mar 2020) Of 52.219-28. [] (23) 52.219-29, Notice Of Set-aside For, Or Sole Source Award To, Economically Disadvantaged Women-owned Small Business (edwosb) Concerns (mar 2020) (15 U.s.c. 637(m)). [] (24) 52.219-30, Notice Of Set-aside For, Or Sole Source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (mar 2020) (15 U.s.c. 637(m)). [] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) (15 U.s.c. 644(r)). [] (26) 52.219-33, Nonmanufacturer Rule (mar 2020) (15 U.s.c. 637(a)(17)) [] (27) 52.222-3, Convict Labor (june 2003) (e.o. 11755). [] (28) 52.222 19, Child Labor Cooperation With Authorities And Remedies (jan 2020) (e.o. 13126). [] (29) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). [] (30)(i) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246). [] (ii) Alternate I (feb 1999) Of 52.222-26. [] (31)(i) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212). [] (ii) Alternate I (july 2014) Of 52.222-35. [] (32)(i) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793). [] (ii) Alternate I (july 2014) Of 52.222-36. [] (33) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212). [] (34) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). [x] (35)(i) 52.222-50, Combating Trafficking In Persons (jan 2019) (22 U.s.c. Chapter 78 And E.o. 13627). [] (ii) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627). [] (36) 52.222-54, Employment Eligibility Verification (oct 2015). (e. O. 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Items As Prescribed In 22.1803.) [] (37)(i) 52.223-9, Estimate Of Percentage Of Recovered Material Content For Epa-designated Items (may 2008) (42 U.s.c.6962(c)(3)(a)(ii)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.) [] (ii) Alternate I (may 2008) Of 52.223-9 (42 U.s.c. 6962(i)(2)(c)). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items.) [] (38) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693). [] (39) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693). [] (40)(i) 52.223-13, Acquisition Of Epeatâ®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514). [] (ii) Alternate I (oct 2015) Of 52.223-13. [] (41)(i) 52.223-14, Acquisition Of Epeatâ®-registered Televisions (jun 2014) (e.o.s 13423 And 13514). [] (ii) Alternate I (jun 2014) Of 52.223-14. [] (42) 52.223-15, Energy Efficiency In Energy-consuming Products (dec 2007)(42 U.s.c. 8259b). [] (43)(i) 52.223-16, Acquisition Of Epeatâ®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514). [] (ii) Alternate I (jun 2014) Of 52.223-16. [x] (44) 52.223 18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513). [] (45) 52.223-20, Aerosols (jun 2016) (e.o. 13693). [] (46) 52.223-21, Foams (jun 2016) (e.o. 13693). [] (47) (i) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a). [] (ii) Alternate I (jan 2017) Of 52.224-3. [] (48) 52.225-1, Buy American Supplies (may 2014) (41 U.s.c. Chapter 83). [] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (may 2014) (41 U.s.c. Chapter 83, 19 U.s.c. 3301 Note, 19 U.s.c. 2112 Note, 19 U.s.c. 3805 Note, 19 U.s.c. 4001 Note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43. [] (ii) Alternate I (may 2014) Of 52.225-3. [] (iii) Alternate Ii (may 2014) Of 52.225-3. [] (iv) Alternate Iii (may 2014) Of 52.225-3. [] (50) 52.225 5, Trade Agreements (oct 2019) (19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note). [x] (51) 52.225-13, Restrictions On Certain Foreign Purchases (jun 2008) (e.o.'s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). [] (52) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. 2302 Note). [] (53) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150). [] (54) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150). [x] (55) 52.229 12, Tax On Certain Foreign Procurements (jun 2020). [] (56) 52.232-29, Terms For Financing Of Purchases Of Commercial Items (feb 2002) (41 U.s.c. 4505, 10 U.s.c. 2307(f)). [] (57) 52.232-30, Installment Payments For Commercial Items (jan 2017) (41 U.s.c. 4505, 10 U.s.c. 2307(f)). [x] (58) 52.232-33, Payment By Electronic Funds Transfer System For Award Management (oct 2018) (31 U.s.c. 3332). [] (59) 52.232-34, Payment By Electronic Funds Transfer Other Than System For Award Management (jul 2013) (31 U.s.c. 3332). [] (60) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332). [] (61) 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a). [] (62) 52.242-5, Payments To Small Business Subcontractors (jan 2017)(15 U.s.c. 637(d)(13)). [] (63)(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631). [] (ii) Alternate I (apr 2003) Of 52.247-64. [] (iii) Alternate Ii (feb 2006) Of 52.247-64. (c) The Contractor Shall Comply With The Far Clauses In This Paragraph (c), Applicable To Commercial Services, That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Items: [] (1) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67). [] (2) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). [] (3) 52.222-43, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (multiple Year And Option Contracts) (aug 2018) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). [] (4) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment (may 2014) (29 U.s.c 206 And 41 U.s.c. Chapter 67). [] (5) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67). [] (6) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67). [] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015). [] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706). [] (9) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). (d) Comptroller General Examination Of Record. The Contractor Shall Comply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of The Simplified Acquisition Threshold, As Defined In Far 2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At 52.215-2, Audit And Records Negotiation. (1) The Comptroller General Of The United States, Or An Authorized Representative Of The Comptroller General, Shall Have Access To And Right To Examine Any Of The Contractor's Directly Pertinent Records Involving Transactions Related To This Contract. (2) The Contractor Shall Make Available At Its Offices At All Reasonable Times The Records, Materials, And Other Evidence For Examination, Audit, Or Reproduction, Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart 4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminated Shall Be Made Available For 3 Years After Any Resulting Final Termination Settlement. Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Of Claims Arising Under Or Relating To This Contract Shall Be Made Available Until Such Appeals, Litigation, Or Claims Are Finally Resolved. (3) As Used In This Clause, Records Include Books, Documents, Accounting Procedures And Practices, And Other Data, Regardless Of Type And Regardless Of Form. This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law. (e)(1) Notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1) In A Subcontract For Commercial Items. Unless Otherwise Indicated Below, The Extent Of The Flow Down Shall Be As Required By The Clause (i) 52.203 13, Contractor Code Of Business Ethics And Conduct (jun 2020) (41 U.s.c. 3509). (ii) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (iii) 52.204 23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (jul 2018) (section 1634 Of Pub. L. 115 91). (iv) 52.204 25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (section 889(a)(1)(a) Of Pub. L. 115 232). (v) 52.219 8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)), In All Subcontracts That Offer Further Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far 19.702(a) On The Date Of Subcontract Award, The Subcontractor Must Include 52.219 8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities. (vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). (vii) 52.222 26, Equal Opportunity (sep 2016) (e.o. 11246). (viii) 52.222 35, Equal Opportunity For Veterans (jun 2020) (38 U.s.c. 4212). (ix) 52.222 36, Equal Opportunity For Workers With Disabilities (jun 2020) (29 U.s.c. 793). (x) 52.222 37, Employment Reports On Veterans (jun 2020) (38 U.s.c. 4212). (xi) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). Flow Down Required In Accordance With Paragraph (f) Of Far Clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67). (xiii)(a) 52.222-50, Combating Trafficking In Persons (jan 2019) (22 U.s.c. Chapter 78 And E.o. 13627). (b) Alternate I (mar 2015) Of 52.222-50 (22 U.s.c. Chapter 78 And E.o. 13627). (xiv) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment Requirements (may 2014) (41 U.s.c. Chapter 67). (xv) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements (may 2014) (41 U.s.c. Chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (oct 2015) (e. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706). (xix)(a) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a). (b) Alternate I (jan 2017) Of 52.224-3. (xx) 52.225 26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. 2302 Note). (xxi) 52.226 6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42 U.s.c. 1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause 52.226-6. (xxii) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause 52.247-64. (2) While Not Required, The Contractor May Include In Its Subcontracts For Commercial Items A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. (end Of Clause) (xxiii) In Addition, The Following Clauses Shall Also Apply: 52.211-6 Brand Name Or Equal (aug 1999) (a) If An Item In This Solicitation Is Identified As Brand Name Or Equal, The Purchase Description Reflects The Characteristics And Level Of Quality That Will Satisfy The Government S Needs. The Salient Physical, Functional, Or Performance Characteristics That Equal Products Must Meet Are Specified In The Solicitation. (b) To Be Considered For Award, Offers Of Equal Products, Including Equal Products Of The Brand Name Manufacturer, Must (1) Meet The Salient Physical, Functional, Or Performance Characteristic Specified In This Solicitation; (2) Clearly Identify The Item By (i) Brand Name, If Any; And (ii) Make Or Model Number; (3) Include Descriptive Literature Such As Illustrations, Drawings, Or A Clear Reference To Previously Furnished Descriptive Data Or Information Available To The Contracting Officer; And (4) Clearly Describe Any Modification The Offeror Plans To Make In A Product To Make It Conform To The Solicitation Requirements. Mark Any Descriptive Material To Clearly Show The Modification. (c) The Contracting Officer Will Evaluate Equal Products On The Basis Of Information Furnished By The Offeror Or Identified In The Offer And Reasonably Available To The Contracting Officer. The Contracting Officer Is Not Responsible For Locating Or Obtaining Any Information Not Identified In The Offer. (d) Unless The Offeror Clearly Indicates In Its Offer That The Product Being Offered Is An Equal Product, The Offeror Shall Provide The Brand Name Product Referenced In The Solicitation. (end Of Clause) 52.217-6 - Option For Increased Quantity (mar 1989) the Government May Increase The Quantity Of Supplies Called For In The Schedule At The Unit Price Specified. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within One-hundred Eighty (180) Calendar Days Of Contract Conclusion. Delivery Of The Added Items, Not To Exceed 50% Of All Contract Line Items, Shall Continue At The Same Rate As The Like Items Called For Under The Contract, Unless The Parties Otherwise Agree. (end Of Clause) 852.212-72 - Gray Market And Counterfeit Items (mar 2020) (a) No Used, Refurbished, Or Remanufactured Supplies Or Equipment/parts Shall Be Provided. This Procurement Is For New Original Equipment Manufacturer (oem) Items Only. No Gray Market Items Shall Be Provided. Gray Market Items Are Oem Goods Intentionally Or Unintentionally Sold Outside An Authorized Sales Territory Or Sold By Non-authorized Dealers In An Authorized Sales Territory. (b) No Counterfeit Supplies Or Equipment/parts Shall Be Provided. Counterfeit Items Include Unlawful Or Unauthorized Reproductions, Substitutions, Or Alterations That Have Been Mismarked, Misidentified, Or Otherwise Misrepresented To Be An Authentic, Unmodified Item From The Original Manufacturer, Or A Source With The Express Written Authority Of The Original Manufacturer Or Current Design Activity, Including An Authorized Aftermarket Manufacturer. Unlawful Or Unauthorized Substitutions Include Used Items Represented As New, Or The False Identification Of Grade, Serial Number, Lot Number, Date Code, Or Performance Characteristics. (c) Vendor Shall Be An Oem, Authorized Dealer, Authorized Distributor Or Authorized Reseller For The Proposed Equipment/system, Verified By An Authorization Letter Or Other Documents From The Oem. All Software Licensing, Warranty And Service Associated With The Equipment/system Shall Be In Accordance With The Oem Terms And Conditions. (end Of Clause) 52.252-2 - Clauses Incorporated By Reference (feb 1998) this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es): http://www.acquisition.gov/comp/far/index.html (far) http://www.va.gov/oal/library/vaar/index.asp (vaar) (end Of Clause) in Addition, The Following Clauses And Provisions Shall Also Apply: 52.232-18 availability Of Funds (apr 1984) 52.233-1 disputes (may 2014) 52.233-3 protest After Award (aug 1996) 852.203-70 commercial Advertising (jan 2008) 852.232-72 electronic Submission Of Payment Requests (nov 2012) 52.204-7 system For Award Management (oct 2018) 52.204-16 commercial And Government Entity Code Reporting (oct 2016) 52.209-7 information Regarding Responsibility Matters (oct 2018) 52.233-2 service Of Protest (sept 2006) 852.233-70 protest Content/alternative Dispute Resolution (oct 2018) 852.252-70 solicitation Provisions Or Clauses Incorporated By Reference (jan 2008) 852.237-70 contractor Responsibilities apr 1984 852.215-70 service-disabled Veteran-owned And Veteran-owned Small Business Evaluation Factors jul 2016

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