Uniform Tenders

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi- Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2 The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) (v) “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; “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors, And Controlling Shareholders Or Members; And (de If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2 The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To The Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index. However, Contractors Under Small A And Small B Categories, Without Similar Experience On The Contract To Be Bid May Be Allowed To Bid If The Cost Of Such Contract Is Not More Than Fifty Percent (50%) Of The Allowable Range Of Contract Cost (arcc) Of Their Registration Based On The Guidelines As Prescribed By The Pcab. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc), Which Must Be At Least Equal To The Abc To Be Bid, As Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filing And Payment System (efps). 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix – Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract And/or To Represent The Bidder In The Bidding, Accompanied By The Duly Notarized Special Power Of Authority (spa) And The Duly Notarized Secretary’s Certificate, Board/ Partnership Resolution Whichever Is Applicable Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Ra 9184 In Relation To Other Provisions Of Republic Act 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, If Applicable Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site And Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8 Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids 11.1 The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) (ii.2) (ii.3) (ii.4) (ii.5) (ii.6) (ii.7) (ii.8) (ii.9) (ii.10) (ii.11) (ii.12) (ii.13) Name Of The Contract; Date Of The Contract; Contract Duration; Owner’s Name And Address; Nature Of Work; Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; Total Contract Value At Award; Date Of Completion Or Estimated Completion Time; Total Contract Value At Completion, If Applicable; Percentages Of Planned And Actual Accomplishments, If Applicable; Value Of Outstanding Works, If Applicable; The Statement Of The Bidder's Slcc Shall Be Supported By The Notices Of Award And/or Notices To Proceed, Project Owner's Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Contractors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted Issued By The Owners; And Unless Otherwise Provided In The Bds, A Valid Special Pcab. License In Case Of Joint Ventures, And Registration For The Type And Cost Of The Contract For The Project; And (iii) Nfcc Computation In Accordance With Itb Clause 5.5; And Class "b" Document: (iv) If Applicable, Valid Joint Venture Agreement (jva) In Accordance With Ra 4566 Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check Issued By A Universal Or Commercial Bank, Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank And If Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.3) A Surety Bond Accompanied By A Certification Coming From The Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (i.4) Bid Securing Declaration (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data. These Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds, And (ii.3) List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project As The Case May Be, Which Must Meet The Minimum Requirements For The Contract Set In The Bds, And (iii) Sworn Statement In Accordance With Section 25.3 Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities, In Accordance With Itb Clause 15.1 And 15.3; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2 Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted 14. Alternative Bids 14.1 Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2 Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3 Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1 The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4 Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be 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) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) (iv) Has A Finding Against The Veracity Of The Required Documents Submitted In Accordance With Itb Clause 28.2. Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; Or (v) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix – Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail 19.4 Each And Every Page Of The Bid Form, Including The Bill Of Quantities, Under Section Ix Hereof, Shall Be Signed By The Duly Authorized Representative Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid” 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 20.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website And The Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed” 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13,2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.4 24.5 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. All Members Of The Bac Who Are Present During Bid Opening Shall Initial Every Page Of The Original Copies Of All Bids Received And Opened. 24.6 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.7 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.8 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance 24.9 24.10 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. 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. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Detailed Evaluation And Comparison Of Bids 27.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2 In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 27.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form, Which Includes The Bill Of Quantities. 27.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And, (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184 And Disqualification Of The Bidder For Award. 28.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. Which Shall Be Completed Within A Period Of Twelve (12) Calendar Days. 28.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6 28.7 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 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 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. 29. Reservation Clause 29.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 30. Contract Award 301. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb) 30.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions (a) Submission Of The Following Documents Within Ten (10) Calendar Days From Receipt Of The Notice Of Award. (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv). (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required, As Provided In Section 37.3 Of The Irr Of Ra 9184. 31. Signing Of The Contract 31.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity 31.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4 The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity 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) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 32.2 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Five (5) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. The Name Of The Contract Is: Concreting Of Barangay Road, Brgy. Mapili Sanjo, Badiangan, Iloilo. Project Identification No. 2025-031-b. 2.0 The Funding Source Is Through The 20% Municipal Development Fund 2025 Of The Local Government Of Badiangan, Iloilo In The Amount Of P 1,997,294.68 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Prospective Bidder Must Have An Experience Of Having Completed At Least One (1) Contract That Is Similar To The Contract To Be Bid, And Whose Value, Adjusted To Current Prices Using The Psa Consumer Price Indices, Must Be At Least Fifty Percent (50%) Of The Abc To Be Bid. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 No Further Instructions. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mrs. Elenor G. Navio Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09079955688 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b)(ii.2) The Minimum Key Personnel Requirements For The Project Are: Foreman Skilled Laborer Unskilled Laborer Itb Clause 12.1(b)(ii3) Following Is The Minimum Major Equipment Requirements, Which Are Owned, Leased And/or Under Purchase Agreement Which Are To Be Exclusively Used For The Project: Road Grader Transit Mixer Concrete Screeder Road Roller Concrete Vibrator Concrete Saw Water Truck Payloader Bar Cutter 13.1 (a) Financial Bid Shall Be Accompanied With Detailed Estimates Or Unit Cost Analysis. Otherwise It Will Be Considered Incomplete Bid. 13.1(b) This Shall Include All Of The Following Documents: 1.) Bid Prices In The Bill Of Quantities; 2.) Detailed Estimates, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And 3.) Cash Flow By Month Or Payment Schedule 13.2 The Abc Of This Project Is Php. 1,997,294.68 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 No Further Instructions. 15.2 All Unit Cost In The Bill Of Quantities Shall Be Filled Up In Words And In Figures. Otherwise It Will Be Considered Incomplete Bid. 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. P (5% Of Abc), If Bid Security Is In Surety Bond; 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: June 30, 2025; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: June 30, 2025; 9:00 A.m. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(b) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 31.4(g) The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: Construction Schedule And S-curve; Manpower Schedule; Construction Methods; Equipment Utilization Schedule; Construction Safety And Health Program Approved By The Department Of Labor And Employment; And Pert/cpm 32.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories That Bidders May Opt To Use, 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 Schedule In Itb Clause 32.2. 33.2 The Effective Date Of The Contract Is Five (5) Calendar Days After Bidders Receipt Of The Notice To Proceed. Section Iv. General Conditions Of Contract 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms: 1.1 The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2 Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums 1.3 The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4 The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5 The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6 Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7 The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded 1.8 The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9 Days Are Calendar Days; Months Are Calendar Months. 1.10 Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11 A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12 The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13 The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14 Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15 Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16 The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17 Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18 The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19 Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20 Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21 The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc 1.22 The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract 1.23 The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24 Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25 Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26 Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27 The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates 1.28 A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29 Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30 Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2.0 Interpretation 2.1 In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2 If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works) 3. Governing Language And Law 3.1 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1 On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2 If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3 The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4 The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligation 6.1 The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2 The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3 The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4 The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5 The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6 If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7 During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8 The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9 The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10 Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4 The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5 The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extension. 7.6 In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7 The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1 Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2 Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1 The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2 If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.1. 10. Site Investigations Report(s) The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works 12. Contractor’s Risk And Warranty Security 12.1 The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2 The Defects Liability Period For Infrastructure Projects Shall Be One Year From Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3 In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4 After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable 12.5 The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6 The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Amount Of Warranty Security Not Less Than The Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By A Universal Or Commercial Bank: Provided, However, That The Bank Guarantee Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) 12.7 The Warranty Security Shall Be Denominated In Philippine Pesos And Shall Remain Effective For One (1) Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8 In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1 From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity. (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1 The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2 The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3 The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4 If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5 In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6 The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2 Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3 Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4 The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5 All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity 17.1 The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18 Termination For Other Causes 18.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2 The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3 Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 3.1(a); (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4 The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5 When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6 If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1 The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2 Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Constructor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2 If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3 If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4 After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5 The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2 If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3 Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1 Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity’s. 23.2 The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1 All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2 The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3 The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4 The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1 When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2 If The Contractor’s Financial Proposals For Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1 The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2 The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1 The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.1 Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractors Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1 Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2 All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3 The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1 The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2 The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative 31. Program Of Work 31.1 Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2 An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3 The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4 The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 31.5 When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6 All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conference 32.1 Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2 The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1 The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2 The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3 If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4 If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1 The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2 If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3 The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1 The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 37.2 Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3 The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4 The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1 The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2 The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1 The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2 The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3 The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4 The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5 The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1 The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2 The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3 Payments Shall Be Adjusted By Deducting Therefrom The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4 The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5 Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1 The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2 The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3 The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4 The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1 The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 42.2. 42.2 Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3 The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4 On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1 Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2 A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3 An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4 Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5 In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1 The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2 The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3 In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment Termination 46.1 If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2 If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3 The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4 If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1 Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2 No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3 Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4 No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5 Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed Unless Otherwise Specified In The Scc. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1 If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. Section V – Special Conditions Of Contract Scc Clause 1.17 The Contract Duration For This Project Is Ninety (90) Calendar Days. The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.22 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. 1.23 The Procuring Entity’s Representative Is Engineer Rosilia A. Villa, Municipal Engineer. 1.24 The Site Of The Project Is At Brgy. Mapili Sanjo, Badiangan, Iloilo. 1.28 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.31 The Works Includes Concreting Of 199.5 L.m X 4.0m Road To Include, Sub Grade Preparation, Aggregate Base Course, Shoulders 0.5m (min), 0.23m Thick Pccp, Mobilization/ Demobilization, Project Sign Board And Aggregate Subbase Course. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contract. 6.5 The Contractor Shall Employ The Following Minimum Key Personnel: Foreman Skilled Laborer Unskilled Laborer 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 None 10 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 12.5 Five (5) Years. 13 No Additional Provisions. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 Day Works Are Applicable At The Rate Shown In The Contractor’s Original Bid. Scc Clause 34.3 The Funding Source Is Through The 20% Municipal Development Fund 2025 Of The Local Government Of Badiangan, Iloilo. 37.1 No Further Instructions. 39.1 The Amount Of Advance Payment Shall Be Equivalent To Fifteen Percent (15%) Of The Total Contract Price. 40.1 No Further Instructions. 40.3 No Further Instructions. 42.2 No Further Instructions. 43 For Variation Orders, The Contractor Shall Be Paid For Additional Work Items Whose Unit Prices Shall Be Derived Based On The Following: A) For Additional/extra Works Duly Covered By Change Orders Involving Work Items Which Are Exactly The Same Or Similar To Those In The Original Contract, The Applicable Unit Prices Of Work Items Original Contract Shall Be Used. B) For Additional/extra Works Duly Covered By Extra Work Orders Involving New Work Items That Are Not In The Original Contract, The Unit Prices Of The New Work Items Shall Be Based On The Direct Unit Costs Used In The Original Contract (e.g, Unit Cost Of Cement, Rebars, Form Lumber, Labor Rate, Equipment Rental, Etc.). All New Components Of The New Work Item Shall Be Fixed Prices, Provided The Same Is Acceptable To Both The Government And The Contractor, And Provided Further That The Direct Unit Costs Of New Components Shall Be Based On The Contractor’s Estimate As Validated By The Procuring Entity Concerned Via Documented Canvass In Accordance With Existing Rules And Regulations. The Direct Cost Of The New Work Item Shall Then Be Combined With The Mark-up Factor (i.e., Taxes And Profit) Used By The Contractor In His Bid To Determine The Unit Price Of The New Work Item. 48 No Further Instructions. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is Twenty Five Thousand Pesos (p 25,000.00). Section Vi – Specifications Please Refer To The Attached Plans And Specifications Included As Part Of The Bidding Documents. Section Vii – Drawings Insert Here A List Of Drawings. The Actual Drawings, Including Sites Plans, Should Be Attached To This Section Or Annexed In A Separate Folder. Plans For Project Identification No. 2025 – 031 – B Are Attached. Please See On This Folder Plan For Project Identification No. 2025 – 031 - B Section Viii – Bill Of Quantities Project Identification No. 2025 – 031 – B Concreting Of Barangay Road, Brgy. Mapili Sanjo, Badiangan, Iloilo. Name Of Bidder ______________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Description Quantity Unit Unit Cost Total Cost 105(1) Subgrade Preparation 997.50 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 201 Aggregate Base Course 245.00 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 200 Aggregate Subbase Course 200.00 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 311(1) Portland Cement Concrete Pavement (0.23m Thick) 798.00 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P B.5 Project Sign Board 1.00 Each Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Each P …………………………..…….. Total P B.9 Mobilization/ Demobilization 1.00 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P Total Bid Cost In Figures P …………………………..…….. Total Bid Cost In Words …………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ____________________________ Date Summary Of Costs Project Identification No. 2025 – 031 - B Concreting Of Barangay Road, Brgy. Mapili Sanjo, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Subgrade Preparation P Ii) Aggregate Base Course P Iii) Aggregate Subbase Course P Iv) Portland Cement Concrete Pavement (0.23m Thick) P V) Project Sign Board P Vi) Mobilization/ Demobilization P Total Bid Amount P Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ___________________________ Date Section Ix - Forms Bid Form (project Identification No. 2025 – 031 - B) _________________ Date To: [name And Address Of Procuring Entity] Sir/ Madam: We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Concreting Of Barangay Road, Brgy. Mapili Sanjo, Badiangan, Iloilo. (name Of Project) 1. We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein, Accompanying This Bid. The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (d) Below Is: _______________( Amount In Words And Figures)________________________________. The Discounts Offered And The Methodology For Their Application For This Contract Are: None The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: (specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein And Reflected In The Detailed Estimates, 2. Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; 3. If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit Within Ten (10) Days After Our Receipt Of The Said Notice To Submit The Required Performance Security In The Form Of _______________, Which Is Equivalent To _______percent Of The Contract Price For The Due Performance Of The Contract And Other Documents Prescribed In The Bidding Documents And To Sign The Contract Agreement. 4. We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; 5. Our Firm, Its Facilities Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Local Government Of Badiangan, Iloilo; 6. We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And 7. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. 8. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents 9. 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 Ensuring Contract. On The Latter's Behalf For The [name Of Project] [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 Ensuring Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity] 10. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices And Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signature: Duly Authorized To Sign The Bid In Behalf Of: Date : Omnibus Sworn Statement Republic Of The Philippines ) Iloilo City ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [ Name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name & Address (d) Nature Of Work, (e) Contractor’s Role, (f) Total Contract Value, (g) Percentages Of Planned And Actual Accomplishments, And (h) Value Of Outstanding Works. The Statement Shall Be Supported By A Notice Of Award Or Notice To Proceed Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Government And Private Contracts Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name And Address (d) Nature Of Work, E) Contractor’s Role, And (f) Total Contract Value At Completion. The Statement Shall Be Supported By The Certificates Of Completion And Acceptance Issued By The Owner; Or Constructors Performance Evaluation System (cpes) Rating Sheets & Notice To Proceed Issued By The Owner. (latest) Financial Documents 4 The Prospective Bidder's Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (latest) Technical Documents 1 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. 2 Organizational Chart For The Project 3 4 List Of Contractor’s Personnel (ex., Project Manager, Project Engineers, Materials Engineers, And Foremen, To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Data List Of Contractor's Equipment Units, Which Are Owned, Leased And/ Or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/ Vendor During The Duration Of The Project. 5 Authority Of The Signatory 6 7 8 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Affidavit Of Site Inspection. Duly Signed Construction Safety And Health Program. Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Second Envelope Financial Documents 1 Duly Signed Form Of Bid 2 3 4 Duly Signed Bid Prices In The Bill Of Quantities Duly Signed Detailed Estimates Duly Signed Cash Flow By Month And Payment Schedule

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi- Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2 The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) (v) “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; “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors, And Controlling Shareholders Or Members; And (de If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2 The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To The Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index. However, Contractors Under Small A And Small B Categories, Without Similar Experience On The Contract To Be Bid May Be Allowed To Bid If The Cost Of Such Contract Is Not More Than Fifty Percent (50%) Of The Allowable Range Of Contract Cost (arcc) Of Their Registration Based On The Guidelines As Prescribed By The Pcab. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc), Which Must Be At Least Equal To The Abc To Be Bid, As Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filing And Payment System (efps). 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix – Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract And/or To Represent The Bidder In The Bidding, Accompanied By The Duly Notarized Special Power Of Authority (spa) And The Duly Notarized Secretary’s Certificate, Board/ Partnership Resolution Whichever Is Applicable Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Ra 9184 In Relation To Other Provisions Of Republic Act 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, If Applicable Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site And Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8 Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids 11.1 The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) (ii.2) (ii.3) (ii.4) (ii.5) (ii.6) (ii.7) (ii.8) (ii.9) (ii.10) (ii.11) (ii.12) (ii.13) Name Of The Contract; Date Of The Contract; Contract Duration; Owner’s Name And Address; Nature Of Work; Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; Total Contract Value At Award; Date Of Completion Or Estimated Completion Time; Total Contract Value At Completion, If Applicable; Percentages Of Planned And Actual Accomplishments, If Applicable; Value Of Outstanding Works, If Applicable; The Statement Of The Bidder's Slcc Shall Be Supported By The Notices Of Award And/or Notices To Proceed, Project Owner's Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Contractors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted Issued By The Owners; And Unless Otherwise Provided In The Bds, A Valid Special Pcab. License In Case Of Joint Ventures, And Registration For The Type And Cost Of The Contract For The Project; And (iii) Nfcc Computation In Accordance With Itb Clause 5.5; And Class "b" Document: (iv) If Applicable, Valid Joint Venture Agreement (jva) In Accordance With Ra 4566 Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check Issued By A Universal Or Commercial Bank, Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank And If Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.3) A Surety Bond Accompanied By A Certification Coming From The Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (i.4) Bid Securing Declaration (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data. These Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds, And (ii.3) List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project As The Case May Be, Which Must Meet The Minimum Requirements For The Contract Set In The Bds, And (iii) Sworn Statement In Accordance With Section 25.3 Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities, In Accordance With Itb Clause 15.1 And 15.3; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2 Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted 14. Alternative Bids 14.1 Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2 Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3 Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1 The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4 Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be 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) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) (iv) Has A Finding Against The Veracity Of The Required Documents Submitted In Accordance With Itb Clause 28.2. Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; Or (v) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix – Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail 19.4 Each And Every Page Of The Bid Form, Including The Bill Of Quantities, Under Section Ix Hereof, Shall Be Signed By The Duly Authorized Representative Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid” 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 20.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website And The Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed” 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13,2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.4 24.5 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. All Members Of The Bac Who Are Present During Bid Opening Shall Initial Every Page Of The Original Copies Of All Bids Received And Opened. 24.6 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.7 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.8 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance 24.9 24.10 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. 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. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Detailed Evaluation And Comparison Of Bids 27.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2 In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 27.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form, Which Includes The Bill Of Quantities. 27.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And, (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184 And Disqualification Of The Bidder For Award. 28.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. Which Shall Be Completed Within A Period Of Twelve (12) Calendar Days. 28.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6 28.7 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 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 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. 29. Reservation Clause 29.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 30. Contract Award 301. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb) 30.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions (a) Submission Of The Following Documents Within Ten (10) Calendar Days From Receipt Of The Notice Of Award. (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv). (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required, As Provided In Section 37.3 Of The Irr Of Ra 9184. 31. Signing Of The Contract 31.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity 31.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4 The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity 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) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 32.2 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Five (5) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. The Name Of The Contract Is: Improvement Of Rhu Building, Poblacion, Badiangan, Iloilo. Project Identification No. 2025-036-b. 2.0 The Funding Source Is Through The 20% Municipal Development Fund 2025 Of The Local Government Of Badiangan, Iloilo In The Amount Of P 1,499,389.62 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Prospective Bidder Must Have An Experience Of Having Completed At Least One (1) Contract That Is Similar To The Contract To Be Bid, And Whose Value, Adjusted To Current Prices Using The Psa Consumer Price Indices, Must Be At Least Fifty Percent (50%) Of The Abc To Be Bid. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 No Further Instructions. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mrs. Elenor G. Navio Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09079955688 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b)(ii.2) The Minimum Key Personnel Requirements For The Project Are: Project Engineer Material Engineer Foreman Skilled Laborer Unskilled Laborer Itb Clause 12.1(b)(ii3) Following Is The Minimum Major Equipment Requirements, Which Are Owned, Leased And/or Under Purchase Agreement Which Are To Be Exclusively Used For The Project: Welding Machine Electric Drill/ Nut Runner 13.1 (a) Financial Bid Shall Be Accompanied With Detailed Estimates Or Unit Cost Analysis. Otherwise It Will Be Considered Incomplete Bid. 13.1(b) This Shall Include All Of The Following Documents: 1.) Bid Prices In The Bill Of Quantities; 2.) Detailed Estimates, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And 3.) Cash Flow By Month Or Payment Schedule 13.2 The Abc Of This Project Is Php. 1,499,389.62 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 No Further Instructions. 15.2 All Unit Cost In The Bill Of Quantities Shall Be Filled Up In Words And In Figures. Otherwise It Will Be Considered Incomplete Bid. 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. P (5% Of Abc), If Bid Security Is In Surety Bond; 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: June 30, 2025; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: June 30, 2025; 9:00 A.m. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(b) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 31.4(g) The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: Construction Schedule And S-curve; Manpower Schedule; Construction Methods; Equipment Utilization Schedule; Construction Safety And Health Program Approved By The Department Of Labor And Employment; And Pert/cpm 32.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories That Bidders May Opt To Use, 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 Schedule In Itb Clause 32.2. 33.2 The Effective Date Of The Contract Is Five (5) Calendar Days After Bidders Receipt Of The Notice To Proceed. Section Iv. General Conditions Of Contract 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms: 1.1 The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2 Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums 1.3 The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4 The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5 The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6 Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7 The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded 1.8 The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9 Days Are Calendar Days; Months Are Calendar Months. 1.10 Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11 A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12 The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13 The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14 Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15 Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16 The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17 Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18 The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19 Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20 Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21 The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc 1.22 The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract 1.23 The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24 Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25 Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26 Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27 The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates 1.28 A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29 Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30 Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2.0 Interpretation 2.1 In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2 If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works) 3. Governing Language And Law 3.1 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1 On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2 If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3 The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4 The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligation 6.1 The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2 The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3 The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4 The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5 The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6 If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7 During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8 The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9 The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10 Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4 The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5 The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extension. 7.6 In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7 The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1 Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2 Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1 The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2 If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.1. 10. Site Investigations Report(s) The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works 12. Contractor’s Risk And Warranty Security 12.1 The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2 The Defects Liability Period For Infrastructure Projects Shall Be One Year From Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3 In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4 After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable 12.5 The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6 The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Amount Of Warranty Security Not Less Than The Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By A Universal Or Commercial Bank: Provided, However, That The Bank Guarantee Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) 12.7 The Warranty Security Shall Be Denominated In Philippine Pesos And Shall Remain Effective For One (1) Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8 In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1 From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity. (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1 The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2 The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3 The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4 If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5 In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6 The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2 Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3 Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4 The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5 All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity 17.1 The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18 Termination For Other Causes 18.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2 The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3 Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 3.1(a); (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4 The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5 When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6 If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1 The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2 Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Constructor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2 If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3 If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4 After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5 The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2 If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3 Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1 Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity’s. 23.2 The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1 All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2 The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3 The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4 The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1 When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2 If The Contractor’s Financial Proposals For Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1 The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2 The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1 The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.1 Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractors Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1 Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2 All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3 The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1 The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2 The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative 31. Program Of Work 31.1 Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2 An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3 The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4 The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 31.5 When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6 All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conference 32.1 Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2 The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1 The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2 The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3 If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4 If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1 The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2 If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3 The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1 The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 37.2 Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3 The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4 The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1 The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2 The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1 The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2 The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3 The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4 The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5 The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1 The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2 The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3 Payments Shall Be Adjusted By Deducting Therefrom The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4 The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5 Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1 The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2 The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3 The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4 The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1 The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 42.2. 42.2 Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3 The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4 On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1 Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2 A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3 An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4 Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5 In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1 The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2 The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3 In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment Termination 46.1 If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2 If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3 The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4 If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1 Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2 No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3 Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4 No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5 Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed Unless Otherwise Specified In The Scc. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1 If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. Section V – Special Conditions Of Contract Scc Clause 1.17 The Contract Duration For This Project Is One Hundred Eighty (180) Calendar Days. The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.22 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. 1.23 The Procuring Entity’s Representative Is Engineer Rosilia A. Villa, Municipal Engineer. 1.24 The Site Of The Project Is At Poblacion, Badiangan, Iloilo. 1.28 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.31 The Works Includes Construction Of Multi – Purpose Building To Include Layout, Structural Excavation, Filling And Compaction, Concrete Works (column, Beam, Slab, Wall Footing, Column Footing), Forms And Scaffolding, Masonry Works, Cement Plaster, Pre – Painted Long Span Metal Roofing, Roof Framing Works, Project Billboard, Plumbing Works And Toilet Fixtures, Electrical Works, Ceramic Tiles, Doors And Windows And Steel Works. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contract. 6.5 The Contractor Shall Employ The Following Minimum Key Personnel: Foreman Project Engineer Skilled Laborer Material Engineer Unskilled Laborer 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 None 10 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 12.5 Five (5) Years. 13 No Additional Provisions. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 Day Works Are Applicable At The Rate Shown In The Contractor’s Original Bid. Scc Clause 34.3 The Funding Source Is Through The 20% Municipal Development Fund 2025 Of The Local Government Of Badiangan, Iloilo. 37.1 No Further Instructions. 39.1 The Amount Of Advance Payment Shall Be Equivalent To Fifteen Percent (15%) Of The Total Contract Price. 40.1 No Further Instructions. 40.3 No Further Instructions. 42.2 No Further Instructions. 43 For Variation Orders, The Contractor Shall Be Paid For Additional Work Items Whose Unit Prices Shall Be Derived Based On The Following: A) For Additional/extra Works Duly Covered By Change Orders Involving Work Items Which Are Exactly The Same Or Similar To Those In The Original Contract, The Applicable Unit Prices Of Work Items Original Contract Shall Be Used. B) For Additional/extra Works Duly Covered By Extra Work Orders Involving New Work Items That Are Not In The Original Contract, The Unit Prices Of The New Work Items Shall Be Based On The Direct Unit Costs Used In The Original Contract (e.g, Unit Cost Of Cement, Rebars, Form Lumber, Labor Rate, Equipment Rental, Etc.). All New Components Of The New Work Item Shall Be Fixed Prices, Provided The Same Is Acceptable To Both The Government And The Contractor, And Provided Further That The Direct Unit Costs Of New Components Shall Be Based On The Contractor’s Estimate As Validated By The Procuring Entity Concerned Via Documented Canvass In Accordance With Existing Rules And Regulations. The Direct Cost Of The New Work Item Shall Then Be Combined With The Mark-up Factor (i.e., Taxes And Profit) Used By The Contractor In His Bid To Determine The Unit Price Of The New Work Item. 48 No Further Instructions. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is Twenty Five Thousand Pesos (p 25,000.00). Section Vi – Specifications Please Refer To The Attached Plans And Specifications Included As Part Of The Bidding Documents. Section Vii – Drawings Insert Here A List Of Drawings. The Actual Drawings, Including Sites Plans, Should Be Attached To This Section Or Annexed In A Separate Folder. Plans For Project Identification No. 2025 – 036 – B Are Attached. Please See On This Folder Plan For Project Identification No. 2025 – 036 - B Section Viii – Bill Of Quantities Project Identification No. 2025 – 036 – B Improvement Of Rhu Building, Poblacion, Badiangan, Iloilo. Name Of Bidder ______________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Description Quantity Unit Unit Cost Total Cost 1.0.0 Excavation 12.00 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 2.0.0 Concrete Works 4.77 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 3.0.0 Forms And Scaffolding 6.00 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 4.0.0 Masonry Works 40.86 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 5.0.0 Cement Plaster 499.30 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 6.0.0 Project Billboard 1.00 Set Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Set P …………………………..…….. Total P 7.0.0 Plumbing Works And Toilet Fixtures 1.00 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P 8.0.0 Electrical Works 1.00 Lot Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Lot P …………………………..…….. Total P 9.0.0 Ceramic Tiles 160.39 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 10.0.0 Doors And Windows 48.77 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 11.0.0 Steel Works 15.60 L.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.m. P …………………………..…….. Total P 12.0.0 Painting Works 668.30 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 13.0.0 Ceiling Works 154.74 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 14.0.0 Carpentry Works 17.76 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P Total Bid Cost In Figures P …………………………..…….. Total Bid Cost In Words …………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ____________________________ Date Summary Of Costs Project Identification No. 2025 – 036 - B Improvement Of Rhu Building, Poblacion, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Excavation P Ii) Concrete Works P Iii) Forms And Scaffolding P Iv) Masonry Works P V) Cement Plaster P Vi) Project Billboard P Vii) Plumbing Works And Toilet Fixtures P Viii) Electrical Works P Ix) Ceramic Tiles P X) Doors And Windows P Xi) Steel Works P Xii) Painting Works P Xiii) Ceiling Works P Xiv) Carpentry Works P Total Bid Amount P Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ___________________________ Date Section Ix - Forms Bid Form (project Identification No. 2025 – 036 - B) _________________ Date To: [name And Address Of Procuring Entity] Sir/ Madam: We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Improvement Of Rhu Building, Poblacion, Badiangan, Iloilo. (name Of Project) 1. We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein, Accompanying This Bid. The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (d) Below Is: _______________( Amount In Words And Figures)________________________________. The Discounts Offered And The Methodology For Their Application For This Contract Are: None The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: (specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein And Reflected In The Detailed Estimates, 2. Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; 3. If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit Within Ten (10) Days After Our Receipt Of The Said Notice To Submit The Required Performance Security In The Form Of _______________, Which Is Equivalent To _______percent Of The Contract Price For The Due Performance Of The Contract And Other Documents Prescribed In The Bidding Documents And To Sign The Contract Agreement. 4. We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; 5. Our Firm, Its Facilities Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Local Government Of Badiangan, Iloilo; 6. We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And 7. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. 8. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents 9. 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 Ensuring Contract. On The Latter's Behalf For The [name Of Project] [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 Ensuring Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity] 10. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices And Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signature: Duly Authorized To Sign The Bid In Behalf Of: Date : Omnibus Sworn Statement Republic Of The Philippines ) Iloilo City ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [ Name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name & Address (d) Nature Of Work, (e) Contractor’s Role, (f) Total Contract Value, (g) Percentages Of Planned And Actual Accomplishments, And (h) Value Of Outstanding Works. The Statement Shall Be Supported By A Notice Of Award Or Notice To Proceed Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Government And Private Contracts Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name And Address (d) Nature Of Work, E) Contractor’s Role, And (f) Total Contract Value At Completion. The Statement Shall Be Supported By The Certificates Of Completion And Acceptance Issued By The Owner; Or Constructors Performance Evaluation System (cpes) Rating Sheets & Notice To Proceed Issued By The Owner. (latest) Financial Documents 4 The Prospective Bidder's Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (latest) Technical Documents 1 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. 2 Organizational Chart For The Project 3 4 List Of Contractor’s Personnel (ex., Project Manager, Project Engineers, Materials Engineers, And Foremen, To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Data List Of Contractor's Equipment Units, Which Are Owned, Leased And/ Or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/ Vendor During The Duration Of The Project. 5 Authority Of The Signatory 6 7 8 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Affidavit Of Site Inspection. Duly Signed Construction Safety And Health Program. Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Second Envelope Financial Documents 1 Duly Signed Form Of Bid 2 3 4 Duly Signed Bid Prices In The Bill Of Quantities Duly Signed Detailed Estimates Duly Signed Cash Flow By Month And Payment Schedule

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity As Defined In The Bds, Invites Bids For The Construction Of Works, As Described In Section Vi- Specifications. The Name And Identification Number Of The Contract Is Provided In The Bds. 1.2 The Successful Bidder Will Be Expected To Complete The Works By The Intended Completion Date Specified In Scc Clause 1.16. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Applied For Or Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract For The Works 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 The Procuring Entity, As Well As Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Funding Source: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Procuring Entity, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019; (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition; (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels; And (iv) (v) “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; “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Corrupt Or Fraudulent Practices In Competing For The Contract; And (c) Will Declare A Firm Ineligible, Either Indefinitely Or For A Stated Period Of Time, To Be Awarded Contract Funded By The Funding Source If It At Any Time Determines That The Firm Has Engaged In Corrupt Or Fraudulent Practices In Competing Or, Or In Executing, A Contract Funded By The Funding Source. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under The Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Contractor In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 34. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (g) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; (f) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid; Or (g) A Bidder Who Lends, Or Temporary Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors, And Controlling Shareholders Or Members; And (de If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate. Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Seventy Five Percent (75%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That, In Accordance With Letter Of Instructions No. 630, Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Seventy Five Percent (75%): Provided, Further, That Joint Ventures In Which Filipino Ownership Or Interest Is Less Than Seventy Five Percent (75%) May Be Eligible Where The Structures To Be Built Require The Application Of Techniques And/or Technologies Which Are Not Adequately Possessed By A Person/entity Meeting The Seventy Five Percent (75%) Filipino Ownership Requirement: Provided, Finally, That In The Latter Case, Filipino Ownership Or Interest Shall Not Be Less Than Twenty Five Percent (25%). For This Purpose Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Jva. 5.2 The Procuring Entity May Also Invite Foreign Bidders When Provided For Under Any Treaty Or International Or Executive Agreement As Specified In The Bds. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To The Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index. However, Contractors Under Small A And Small B Categories, Without Similar Experience On The Contract To Be Bid May Be Allowed To Bid If The Cost Of Such Contract Is Not More Than Fifty Percent (50%) Of The Allowable Range Of Contract Cost (arcc) Of Their Registration Based On The Guidelines As Prescribed By The Pcab. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(iii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc), Which Must Be At Least Equal To The Abc To Be Bid, As Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filing And Payment System (efps). 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Ix – Bidding Forms As Required In Itb Clause 12.1(b)(iii). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin/s As Provided Under Itb Clause 10.3. (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract And/or To Represent The Bidder In The Bidding, Accompanied By The Duly Notarized Special Power Of Authority (spa) And The Duly Notarized Secretary’s Certificate, Board/ Partnership Resolution Whichever Is Applicable Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of The Ra 9184 In Relation To Other Provisions Of Republic Act 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, If Applicable Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site And Determined The General Characteristics Of The Contract Works And The Conditions For This Project And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In This Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Prospective Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To This Project, Including: (a) The Location And The Nature Of The Contract, Project, Or Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 Before Submitting Their Bids, The Bidders Are Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect The Contract In Any Way. 6.7 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.8 Bidders Should Note That The Procuring Entity Will Only Accept Bids Only From Those That Have Paid The Nonrefundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods, Or Contracting Of Works Or Services Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Works To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Submit The Documentary Requirements Under Itb Clause 12 And Comply With The Eligibility Criteria Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Works Shall Be Disallowed 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Works Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarification(s) On Any Part Of The Bidding Documents Or For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids 11.1 The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts From The Submission Of Bids, Unless Otherwise Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) (ii.2) (ii.3) (ii.4) (ii.5) (ii.6) (ii.7) (ii.8) (ii.9) (ii.10) (ii.11) (ii.12) (ii.13) Name Of The Contract; Date Of The Contract; Contract Duration; Owner’s Name And Address; Nature Of Work; Contractor’s Role (whether Sole Contractor, Subcontractor, Or Partner In A Jv) And Percentage Of Participation; Total Contract Value At Award; Date Of Completion Or Estimated Completion Time; Total Contract Value At Completion, If Applicable; Percentages Of Planned And Actual Accomplishments, If Applicable; Value Of Outstanding Works, If Applicable; The Statement Of The Bidder's Slcc Shall Be Supported By The Notices Of Award And/or Notices To Proceed, Project Owner's Certificate Of Final Acceptance Issued By The Owner Other Than The Contractor Or The Contractors Performance Evaluation System (cpes) Final Rating, Which Must Be At Least Satisfactory. In Case Of Contracts With The Private Sector, An Equivalent Document Shall Be Submitted Issued By The Owners; And Unless Otherwise Provided In The Bds, A Valid Special Pcab. License In Case Of Joint Ventures, And Registration For The Type And Cost Of The Contract For The Project; And (iii) Nfcc Computation In Accordance With Itb Clause 5.5; And Class "b" Document: (iv) If Applicable, Valid Joint Venture Agreement (jva) In Accordance With Ra 4566 Or, In Lieu Thereof, Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check Issued By A Universal Or Commercial Bank, Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank And If Issued By A Foreign Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank; Or (i.3) A Surety Bond Accompanied By A Certification Coming From The Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; (i.4) Bid Securing Declaration (ii) Project Requirements, Which Shall Include The Following: (ii.1) Organizational Chart For The Contract To Be Bid; (ii.2) List Of Contractor’s Personnel (viz, Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data. These Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds, And (ii.3) List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project As The Case May Be, Which Must Meet The Minimum Requirements For The Contract Set In The Bds, And (iii) Sworn Statement In Accordance With Section 25.3 Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Ix – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities, In Accordance With Itb Clause 15.1 And 15.3; And (b) Any Other Document Related To The Financial Component Of The Bid As Stated In The Bds. 13.2 Unless Indicated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted 14. Alternative Bids 14.1 Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 14.2 Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 14.3 Each Bidder Shall Submit Only One Bid, Either Individually Or As A Partner In A Jv. A Bidder Who Submits Or Participates In More Than One Bid (other Than As A Subcontractor If A Subcontractor Is Permitted To Participate In More Than One Bid) Will Cause All The Proposals With The Bidder’s Participation To Be Disqualified. This Shall Be Without Prejudice To Any Applicable Criminal, Civil And Administrative Penalties That May Be Imposed Upon The Persons And Entities Concerned. 15. Bid Prices 15.1 The Contract Shall Be For The Whole Works, As Described In Itb Clause 1.1, Based On The Priced Bill Of Quantities Submitted By The Bidder 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Works Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 All Duties, Taxes, And Other Levies Payable By The Contractor Under The Contract, Or For Any Other Cause, Prior To The Deadline For Submission Of Bids, Shall Be Included In The Rates, Prices, And Total Bid Price Submitted By The Bidder. 15.4 Unless Otherwise Provided In The Bds, All Bid Prices For The Given Scope Of Work In The Contract As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In Gcc Clause 48 And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 All Bid Prices Shall Be Quoted In Philippine Pesos Unless Otherwise Provided In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate Prevailing On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be 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) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Instrument. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract, Pursuant To Itb Clause 31, And The Posting Of The Performance Security, Pursuant To Itb Clause 32, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 27.3(b); (iii) (iv) Has A Finding Against The Veracity Of The Required Documents Submitted In Accordance With Itb Clause 28.2. Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 28.2; Or (v) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 31; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 32; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Ix – Bidding Forms On Or Before The Deadline Specified In The Itb Clause 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested. 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail 19.4 Each And Every Page Of The Bid Form, Including The Bill Of Quantities, Under Section Ix Hereof, Shall Be Signed By The Duly Authorized Representative Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12, In One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid” 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Written In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 20.1; (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil, And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr. 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website And The Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed” 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13,2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison. 24.4 24.5 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions. All Members Of The Bac Who Are Present During Bid Opening Shall Initial Every Page Of The Original Copies Of All Bids Received And Opened. 24.6 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (vi). 24.7 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Enumerated In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.8 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Documents Required In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(vi) By Any Of The Joint Venture Partners Constitutes Compliance 24.9 24.10 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. 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. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Detailed Evaluation And Comparison Of Bids 27.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 27.2 In Evaluating The Bids To Get The Lowest Calculated Bid, The Procuring Entity Shall Undertake The Following: (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 27.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary “pass/fail” Criterion. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors, Omissions, And Other Bid Modifications, If Allowed In The Bds, To Enable Proper Comparison Of All Eligible Bids. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 27.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 27.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form, Which Includes The Bill Of Quantities. 27.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 28. Post Qualification 28.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 28.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And, (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lcb To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such, Shall Be Ground For Forfeiture Of The Bid Security In Accordance With Section 69 Of The Irr Of Ra 9184 And Disqualification Of The Bidder For Award. 28.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. Which Shall Be Completed Within A Period Of Twelve (12) Calendar Days. 28.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Price Or Its Calculated Bid Price, Whichever Is Lower, Subject To Itb Clause 30.3. 28.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated And Responsive Bid Is Determined For Contract Award. 28.6 28.7 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 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 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. 29. Reservation Clause 29.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 29.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Government As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 29.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 30. Contract Award 301. Subject To Itb Clause 28, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lowest Calculated And Responsive Bid (lcrb) 30.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 30.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions (a) Submission Of The Following Documents Within Ten (10) Calendar Days From Receipt Of The Notice Of Award. (i) Valid Jva, If Applicable, Within Ten (10) Calendar Days; (ii) Valid Pcab License And Registration For The Type And Cost Of The Contract To Be Bid For Foreign Bidders, Within Thirty (30) Calendar Days, If Allowed Under A Treaty Or International Or Executive Agreement Mentioned In Itb Clause 12.1(a)(iv). (b) Posting Of The Performance Security In Accordance With Itb Clause 32; (c) Signing Of The Contract As Provided In Itb Clause 31; And (d) Approval By Higher Authority, If Required, As Provided In Section 37.3 Of The Irr Of Ra 9184. 31. Signing Of The Contract 31.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 31.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security, Sign And Date The Contract And Return It To The Procuring Entity 31.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 31.4 The Following Documents Shall Form Part Of The Contract: (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 32. Performance Security 32.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 32.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity 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) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Ten Percent (10%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security; And/or Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 32.2 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lowest Calculated And Responsive Bid Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Five (5) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. The Name Of The Contract Is: Road Opening Project, Brgy. Ilongbukid, Badiangan, Iloilo. Project Identification No. 2025-008-b. 2.0 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo In The Amount Of P 2,450,000.00 5.1 No Further Instructions. 5.2 Bidding Is Restricted To Eligible Bidders As Defined In Itb Clause 5.1. 5.4 The Prospective Bidder Must Have An Experience Of Having Completed At Least One (1) Contract That Is Similar To The Contract To Be Bid, And Whose Value, Adjusted To Current Prices Using The Psa Consumer Price Indices, Must Be At Least Fifty Percent (50%) Of The Abc To Be Bid. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 No Further Instructions. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mrs. Elenor G. Navio Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09079955688 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized 12.1(a)(iii) No Further Instructions. 12.1(a)(iv) No Further Instructions. 12.1(b)(ii.2) The Minimum Key Personnel Requirements For The Project Are: Construction Foreman Skilled Laborer Unskilled Laborer Itb Clause 12.1(b)(ii3) Following Is The Minimum Major Equipment Requirements, Which Are Owned, Leased And/or Under Purchase Agreement Which Are To Be Exclusively Used For The Project: Heavy Equipment Prime Mixer Motorized Road Grader Bar Cutter & Bar Bender Backhoe Vibratory Roller Concrete Vibrator Dump Truck Water Truck One-bagger Mixer 13.1 (a) Financial Bid Shall Be Accompanied With Detailed Estimates Or Unit Cost Analysis. Otherwise It Will Be Considered Incomplete Bid. 13.1(b) This Shall Include All Of The Following Documents: 1.) Bid Prices In The Bill Of Quantities; 2.) Detailed Estimates, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And 3.) Cash Flow By Month Or Payment Schedule 13.2 The Abc Of This Project Is Php. 2,450,000.00 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 14.2 No Further Instructions. 15.2 All Unit Cost In The Bill Of Quantities Shall Be Filled Up In Words And In Figures. Otherwise It Will Be Considered Incomplete Bid. 15.4 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 16.1 The Bid Prices Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Will Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; 2. P (5% Of Abc), If Bid Security Is In Surety Bond; 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: March 19, 2025; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: March 19, 2025; 9:00 A.m. 25.1 No Further Instructions. 27.3 No Further Instructions. 27.3(b) Bid Modification Is Not Allowed. 27.5 No Further Instructions. 28.2(b) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 31.4(g) The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: Construction Schedule And S-curve; Manpower Schedule; Construction Methods; Equipment Utilization Schedule; Construction Safety And Health Program Approved By The Department Of Labor And Employment; And Pert/cpm 32.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories That Bidders May Opt To Use, 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 Schedule In Itb Clause 32.2. 33.2 The Effective Date Of The Contract Is Five (5) Calendar Days After Bidders Receipt Of The Notice To Proceed. Section Iv. General Conditions Of Contract 1. Definitions For Purposes Of This Clause, Boldface Type Is Used To Identify Defined Terms: 1.1 The Arbiter Is The Person Appointed Jointly By The Procuring Entity And The Contractor To Resolve Disputes In The First Instance, As Provided For In Gcc Clause 21. 1.2 Bill Of Quantities Refers To A List Of The Specific Items Of The Work And Their Corresponding Unit Prices, Lump Sums, And/or Provisional Sums 1.3 The Completion Date Is The Date Of Completion Of The Works As Certified By The Procuring Entity’s Representative, In Accordance With Gcc Clause 49. 1.4 The Contract Is The Contract Between The Procuring Entity And The Contractor To Execute, Complete, And Maintain The Works. 1.5 The Contract Price Is The Price Stated In The Letter Of Acceptance And Thereafter To Be Paid By The Procuring Entity To The Contractor For The Execution Of The Works In Accordance With This Contract. 1.6 Contract Time Extension Is The Allowable Period For The Contractor To Complete The Works In Addition To The Original Completion Date Stated In This Contract. 1.7 The Contractor Is The Juridical Entity Whose Proposal Has Been Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded 1.8 The Contractor’s Bid Is The Signed Offer Or Proposal Submitted By The Contractor To The Procuring Entity In Response To The Bidding Documents. 1.9 Days Are Calendar Days; Months Are Calendar Months. 1.10 Dayworks Are Varied Work Inputs Subject To Payment On A Time Basis For The Contractor’s Employees And Equipment, In Addition To Payments For Associated Materials And Plant. 1.11 A Defect Is Any Part Of The Works Not Completed In Accordance With The Contract. 1.12 The Defects Liability Certificate Is The Certificate Issued By Procuring Entity’s Representative Upon Correction Of Defects By The Contractor. 1.13 The Defects Liability Period Is The One Year Period Between Project Completion And Final Acceptance Within Which The Contractor Assumes The Responsibility To Undertake The Repair Of Any Damage To The Works At His Own Expense. 1.14 Drawings Are Graphical Presentations Of The Works. They Include All Supplementary Details, Shop Drawings, Calculations, And Other Information Provided Or Approved For The Execution Of This Contract. 1.15 Equipment Refers To All Facilities, Supplies, Appliances, Materials Or Things Required For The Execution And Completion Of The Work Provided By The Contractor And Which Shall Not Form Or Are Not Intended To Form Part Of The Permanent Works. 1.16 The Intended Completion Date Refers To The Date Specified In The Scc When The Contractor Is Expected To Have Completed The Works. The Intended Completion Date May Be Revised Only By The Procuring Entity’s Representative By Issuing An Extension Of Time Or An Acceleration Order. 1.17 Materials Are All Supplies, Including Consumables, Used By The Contractor For Incorporation In The Works. 1.18 The Notice To Proceed Is A Written Notice Issued By The Procuring Entity Or The Procuring Entity’s Representative To The Contractor Requiring The Latter To Begin The Commencement Of The Work Not Later Than A Specified Or Determinable Date. 1.19 Permanent Works All Permanent Structures And All Other Project Features And Facilities Required To Be Constructed And Completed In Accordance With This Contract Which Shall Be Delivered To The Procuring Entity And Which Shall Remain At The Site After The Removal Of All Temporary Works. 1.20 Plant Refers To The Machinery, Apparatus, And The Like Intended To Form An Integral Part Of The Permanent Works. 1.21 The Procuring Entity Is The Party Who Employs The Contractor To Carry Out The Works Stated In The Scc 1.22 The Procuring Entity’s Representative Refers To The Head Of The Procuring Entity Or His Duly Authorized Representative, Identified In The Scc, Who Shall Be Responsible For Supervising The Execution Of The Works And Administering This Contract 1.23 The Site Is The Place Provided By The Procuring Entity Where The Works Shall Be Executed And Any Other Place Or Places Which May Be Designated In The Scc, Or Notified To The Contractor By The Procuring Entity’s Representative As Forming Part Of The Site. 1.24 Site Investigation Reports Are Those That Were Included In The Bidding Documents And Are Factual And Interpretative Reports About The Surface And Subsurface Conditions At The Site. 1.25 Slippage Is A Delay In Work Execution Occurring When Actual Accomplishment Falls Below The Target As Measured By The Difference Between The Scheduled And Actual Accomplishment Of The Work By The Contractor As Established From The Work Schedule. This Is Actually Described As A Percentage Of The Whole Works. 1.26 Specifications Means The Description Of Works To Be Done And The Qualities Of Materials To Be Used, The Equipment To Be Installed And The Mode Of Construction. 1.27 The Start Date, As Specified In The Scc, Is The Date When The Contractor Is Obliged To Commence Execution Of The Works. It Does Not Necessarily Coincide With Any Of The Site Possession Dates 1.28 A Subcontractor Is Any Person Or Organization To Whom A Part Of The Works Has Been Subcontracted By The Contractor, As Allowed By The Procuring Entity, But Not Any Assignee Of Such Person. 1.29 Temporary Works Are Works Designed, Constructed, Installed, And Removed By The Contractor That Are Needed For Construction Or Installation Of The Permanent Works. 1.30 Work(s) Refer To The Permanent Works And Temporary Works To Be Executed By The Contractor In Accordance With This Contract, Including (i) The Furnishing Of All Labor, Materials, Equipment And Others Incidental, Necessary Or Convenient To The Complete Execution Of The Works; (ii) The Passing Of Any Tests Before Acceptance By The Procuring Entity’s Representative; (iii) And The Carrying Out Of All Duties And Obligations Of The Contractor Imposed By This Contract As Described In The Scc. 2.0 Interpretation 2.1 In Interpreting The Conditions Of Contract, Singular Also Means Plural, Male Also Means Female Or Neuter, And The Other Way Around. Headings Have No Significance. Words Have Their Normal Meaning Under The Language Of This Contract Unless Specifically Defined. The Procuring Entity’s Representative Will Provide Instructions Clarifying Queries About The Conditions Of Contract. 2.2 If Sectional Completion Is Specified In The Scc, References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works) 3. Governing Language And Law 3.1 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Which Are Exchanged By The Parties Shall Be Written In English. 3.2 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4. Communications Communications Between Parties That Are Referred To In The Conditions Shall Be Effective Only When In Writing. A Notice Shall Be Effective Only When It Is Received By The Concerned Party. 5. Possession Of Site 5.1 On The Date Specified In The Scc, The Procuring Entity Shall Grant The Contractor Possession Of So Much Of The Site As May Be Required To Enable It To Proceed With The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 5.2 If Possession Of A Portion Is Not Given By The Date Stated In The Scc Clause 5.1, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contact Time To Address Such Delay Shall Be In Accordance With Gcc Clause 47. 5.3 The Contractor Shall Bear All Costs And Charges For Special Or Temporary Right-of-way Required By It In Connection With Access To The Site. The Contractor Shall Also Provide At His Own Cost Any Additional Facilities Outside The Site Required By It For Purposes Of The Works. 5.4 The Contractor Shall Allow The Procuring Entity’s Representative And Any Person Authorized By The Procuring Entity’s Representative Access To The Site And To Any Place Where Work In Connection With This Contract Is Being Carried Out Or Is Intended To Be Carried Out. 6. The Contractor’s Obligation 6.1 The Contractor Shall Carry Out The Works Properly And In Accordance With This Contract. The Contractor Shall Provide All Supervision, Labor, Materials, Plant And Contractor's Equipment, Which May Be Required. All Materials And Plant On Site Shall Be Deemed To Be The Property Of The Procuring Entity. 6.2 The Contractor Shall Commence Execution Of The Works On The Start Date And Shall Carry Out The Works In Accordance With The Program Of Work Submitted By The Contractor, As Updated With The Approval Of The Procuring Entity’s Representative, And Complete Them By The Intended Completion Date. 6.3 The Contractor Shall Be Responsible For The Safety Of All Activities On The Site. 6.4 The Contractor Shall Carry Out All Instructions Of The Procuring Entity’s Representative That Comply With The Applicable Laws Where The Site Is Located. 6.5 The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel, As Referred To In The Scc, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 6.6 If The Procuring Entity’s Representative Asks The Contractor To Remove A Member Of The Contractor’s Staff Or Work Force, For Justifiable Cause, The Contractor Shall Ensure That The Person Leaves The Site Within Seven (7) Days And Has No Further Connection With The Work In This Contract. 6.7 During Contract Implementation, The Contractor And His Subcontractors Shall Abide At All Times By All Labor Laws, Including Child Labor Related Enactments, And Other Relevant Rules. 6.8 The Contractor Shall Submit To The Procuring Entity For Consent The Name And Particulars Of The Person Authorized To Receive Instructions On Behalf Of The Contractor. 6.9 The Contractor Shall Cooperate And Share The Site With Other Contractors, Public Authorities, Utilities, And The Procuring Entity Between The Dates Given In The Schedule Of Other Contractors Particularly When They Shall Require Access To The Site. The Contractor Shall Also Provide Facilities And Services For Them During This Period. The Procuring Entity May Modify The Schedule Of Other Contractors, And Shall Notify The Contractor Of Any Such Modification Thereto. 6.10 Should Anything Of Historical Or Other Interest Or Of Significant Value Be Unexpectedly Discovered On The Site, It Shall Be The Property Of The Procuring Entity. The Contractor Shall Notify The Procuring Entity’s Representative Of Such Discoveries And Carry Out The Procuring Entity’s Representative’s Instructions In Dealing With Them. 7. Performance Security 7.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Contractor Shall Furnish The Performance Security In Any The Forms Prescribed In Itb Clause 32.2. 7.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Contractor Is In Default In Any Of Its Obligations Under The Contract. 7.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 7.4 The Performance Security May Be Released By The Procuring Entity And Returned To The Contractor After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions: (a) There Are No Pending Claims Against The Contractor Or The Surety Company Filed By The Procuring Entity; (b) The Contractor Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc. 7.5 The Contractor Shall Post An Additional Performance Security Following The Amount And Form Specified In Itb Clause 32.2 To Cover Any Cumulative Increase Of More Than Ten Percent (10%) Over The Original Value Of The Contract As A Result Of Amendments To Order Or Change Orders, Extra Work Orders And Supplemental Agreements, As The Case May Be. The Contractor Shall Cause The Extension Of The Validity Of The Performance Security To Cover Approved Contract Time Extension. 7.6 In Case Of A Reduction In The Contract Value Or For Partially Completed Works Under The Contract Which Are Usable And Accepted By The Procuring Entity The Use Of Which, In The Judgment Of The Implementing Agency Or The Procuring Entity, Will Not Affect The Structural Integrity Of The Entire Project, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 7.7 The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Act 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 8. Subcontracting 8.1 Unless Otherwise Indicated In The Scc, The Contractor Cannot Subcontract Works More Than The Percentage Specified In Itb Clause 8.1. 8.2 Subcontracting Of Any Portion Of The Works Does Not Relieve The Contractor Of Any Liability Or Obligation Under This Contract. The Contractor Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 8.3 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 9. Liquidated Damages 9.1 The Contractor Shall Pay Liquidated Damages To The Procuring Entity At The Rate Per Day Stated In The Scc For Each Day That The Completion Date Is Later Than The Intended Completion Date. The Total Amount Of Liquidated Damages Shall Not Exceed The Amount Defined In The Scc. The Procuring Entity May Deduct Liquidated Damages From Payments Due To The Contractor. Payment Of Liquidated Damages Shall Not Affect The Contractor. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of This Contract, The Procuring Entity Shall Rescind This Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 9.2 If The Intended Completion Date Is Extended After Liquidated Damages Have Been Paid, The Engineer Of The Procuring Entity Shall Correct Any Overpayment Of Liquidated Damages By The Contractor By Adjusting The Next Payment Certificate. The Contractor Shall Be Paid Interest On The Overpayment, Calculated From The Date Of Payment To The Date Of Repayment, At The Rates Specified In Gcc Clause 40.1. 10. Site Investigations Report(s) The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 11. The Procuring Entity, Licenses And Permits The Procuring Entity Shall, If Requested By The Contractor, Assist Him In Applying For Permits, Licenses Or Approvals, Which Are Required For The Works 12. Contractor’s Risk And Warranty Security 12.1 The Contractor Shall Assume Full Responsibility For The Works From The Time Project Construction Commenced Up To Final Acceptance By The Procuring Entity And Shall Be Held Responsible For Any Damage Or Destruction Of The Works Except Those Occasioned By Force Majeure. The Contractor Shall Be Fully Responsible For The Safety, Protection, Security, And Convenience Of His Personnel, Third Parties, And The Public At Large, As Well As The Works, Equipment, Installation, And The Like To Be Affected By His Construction Work. 12.2 The Defects Liability Period For Infrastructure Projects Shall Be One Year From Project Completion Up To Final Acceptance By The Procuring Entity. During This Period, The Contractor Shall Undertake The Repair Works, At His Own Expense, Of Any Damage To The Works On Account Of The Use Of Materials Of Inferior Quality Within Ninety (90) Days From The Time The Head Of The Procuring Entity Has Issued An Order To Undertake Repair. In Case Of Failure Or Refusal To Comply With This Mandate, The Procuring Entity Shall Undertake Such Repair Works And Shall Be Entitled To Full Reimbursement Of Expenses Incurred Therein Upon Demand. 12.3 In Case The Contractor Fails To Comply With The Preceding Paragraph, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property (ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 12.4 After Final Acceptance Of The Works By The Procuring Entity, The Contractor Shall Be Held Responsible For “structural Defects”, I.e., Major Faults/flaws/deficiencies In One Or More Key Structural Elements Of The Project Which May Lead To Structural Failure Of The Completed Elements Or Structure, Or “structural Failures”, I.e., Where One Or More Key Structural Elements In An Infrastructure Facility Fails Or Collapses, Thereby Rendering The Facility Or Part Thereof Incapable Of Withstanding The Design Loads, And/or Endangering The Safety Of The Users Or The General Public: (a) Contractor – Where Structural Defects/failures Arise Due To Faults Attributable To Improper Construction, Use Of Inferior Quality/substandard Materials, And Any Violation Of The Contract Plans And Specifications, The Contractor Shall Be Held Liable; (b) Consultants – Where Structural Defects/failures Arise Due To Faulty And/or Inadequate Design And Specifications As Well As Construction Supervision, Then The Consultant Who Prepared The Design Or Undertook Construction Supervision For The Project Shall Be Held Liable; (c) Procuring Entity’s Representatives/project Manager/construction Managers And Supervisors – The Project Owner’s Representative(s), Project Manager, Construction Manager, And Supervisor(s) Shall Be Held Liable In Cases Where The Structural Defects/failures Are Due To His/their Willful Intervention In Altering The Designs And Other Specifications; Negligence Or Omission In Not Approving Or Acting On Proposed Changes To Noted Defects Or Deficiencies In The Design And/or Specifications; And The Use Of Substandard Construction Materials In The Project (d) Third Parties - Third Parties Shall Be Held Liable In Cases Where Structural Defects/failures Are Caused By Work Undertaken By Them Such As Leaking Pipes, Diggings Or Excavations, Underground Cables And Electrical Wires, Underground Tunnel, Mining Shaft And The Like, In Which Case The Applicable Warranty To Such Structure Should Be Levied To Third Parties For Their Construction Or Restoration Works. (e) Users - In Cases Where Structural Defects/failures Are Due To Abuse/misuse By The End User Of The Constructed Facility And/or Non–compliance By A User With The Technical Design Limits And/or Intended Purpose Of The Same, Then The User Concerned Shall Be Held Liable 12.5 The Warranty Against Structural Defects/failures, Except Those Occasioned On Force Majeure, Shall Cover The Period Specified In The Scc Reckoned From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. 12.6 The Contractor Shall Be Required To Put Up A Warranty Security In The Form Of Cash, Bank Guarantee, Letter Of Credit, Gsis Or Surety Bond Callable On Demand, In Accordance With The Following Schedule: Form Of Warranty Amount Of Warranty Security Not Less Than The Percentage (%) Of Total Contract Price (a) Cash Or Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That The Letter Of Credit Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Five Percent (5%) (b) Bank Guarantee Confirmed By A Universal Or Commercial Bank: Provided, However, That The Bank Guarantee Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank Ten Percent (10%) (c) Surety Bond Callable Upon Demand Issued By Gsis Or Any Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) 12.7 The Warranty Security Shall Be Denominated In Philippine Pesos And Shall Remain Effective For One (1) Year From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity, And Returned Only After The Lapse Of Said One Year Period. 12.8 In Case Of Structural Defects/failure Occurring During The Applicable Warranty Period Provided In Gcc Clause 12.5, The Procuring Entity Shall Undertake The Necessary Restoration Or Reconstruction Works And Shall Be Entitled To Full Reimbursement By The Parties Found To Be Liable For Expenses Incurred Therein Upon Demand, Without Prejudice To The Filing Of Appropriate Administrative, Civil, And/or Criminal Charges Against The Responsible Persons As Well As The Forfeiture Of The Warranty Security Posted In Favor Of The Procuring Entity. 13. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 14. Procuring Entity’s Risk 14.1 From The Start Date Until The Certificate Of Final Acceptance Has Been Issued, The Following Are Risks Of The Procuring Entity. (a) The Risk Of Personal Injury, Death, Or Loss Of Or Damage To Property (excluding The Works, Plant, Materials, And Equipment), Which Are Due To: (i) Any Type Of Use Or Occupation Of The Site Authorized By The Procuring Entity After The Official Acceptance Of The Works; Or (ii) Negligence, Breach Of Statutory Duty, Or Interference With Any Legal Right By The Procuring Entity Or By Any Person Employed By Or Contracted To Him Except The Contractor. (b) The Risk Of Damage To The Works, Plant, Materials, And Equipment To The Extent That It Is Due To A Fault Of The Procuring Entity Or In The Procuring Entity’s Design, Or Due To War Or Radioactive Contamination Directly Affecting The Country Where The Works Are To Be Executed. 15. Insurance 15.1 The Contractor Shall, Under His Name And At His Own Expense, Obtain And Maintain, For The Duration Of This Contract, The Following Insurance Coverage: (a) Contractor’s All Risk Insurance; (b) Transportation To The Project Site Of Equipment, Machinery, And Supplies Owned By The Contractor; (c) Personal Injury Or Death Of Contractor’s Employees; And (d) Comprehensive Insurance For Third Party Liability To Contractor’s Direct Or Indirect Act Or Omission Causing Damage To Third Persons. 15.2 The Contractor Shall Provide Evidence To The Procuring Entity’s Representative That The Insurances Required Under This Contract Have Been Effected And Shall, Within A Reasonable Time, Provide Copies Of The Insurance Policies To The Procuring Entity’s Representative. Such Evidence And Such Policies Shall Be Provided To The Procuring Entity’s Through The Procuring Entity’s Representative. 15.3 The Contractor Shall Notify The Insurers Of Changes In The Nature, Extent, Or Program For The Execution Of The Works And Ensure The Adequacy Of The Insurances At All Times In Accordance With The Terms Of This Contract And Shall Produce To The Procuring Entity’s Representative The Insurance Policies In Force Including The Receipts For Payment Of The Current Premiums. The Above Insurance Policies Shall Be Obtained From Any Reputable Insurance Company Approved By The Procuring Entity’s Representative. 15.4 If The Contractor Fails To Obtain And Keep In Force The Insurances Referred To Herein Or Any Other Insurance Which He May Be Required To Obtain Under The Terms Of This Contract, The Procuring Entity May Obtain And Keep In Force Any Such Insurances And Pay Such Premiums As May Be Necessary For The Purpose. From Time To Time, The Procuring Entity May Deduct The Amount It Shall Pay For Said Premiums Including Twenty Five Percent (25%) Therein From Any Monies Due, Or Which May Become Due, To The Contractor, Without Prejudice To The Procuring Entity Exercising Its Right To Impose Other Sanctions Against The Contractor Pursuant To The Provisions Of This Contract. 15.5 In The Event The Contractor Fails To Observe The Above Safeguards, The Procuring Entity May, At The Contractor’s Expense, Take Whatever Measure Is Deemed Necessary For Its Protection And That Of The Contractor’s Personnel And Third Parties, And/or Order The Interruption Of Dangerous Works. In Addition, The Procuring Entity May Refuse To Make The Payments Under Gcc Clause 40 Until The Contractor Complies With This Clause. 15.6 The Contractor Shall Immediately Replace The Insurance Policy Obtained As Required In This Contract, Without Need Of The Procuring Entity’s Demand, With A New Policy Issued By A New Insurance Company Acceptable To The Procuring Entity For Any Of The Following Grounds: (a) The Issuer Of The Insurance Policy To Be Replaced Has: (i) Become Bankrupt; (ii) Been Placed Under Receivership Or Under A Management Committee; (iii) Been Sued For Suspension Of Payment; Or (iv) Been Suspended By The Insurance Commission And Its License To Engage In Business Or Its Authority To Issue Insurance Policies Cancelled; Or (v) Where Reasonable Grounds Exist That The Insurer May Not Be Able, Fully And Promptly, To Fulfill Its Obligation Under The Insurance Policy. 16. Termination For Default Of Contractor 16.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attend Its Implementation: 16.2 Due To The Contractor’s Fault And While The Project Is On-going, It Has Incurred Negative Slippage Of Fifteen Percent (15%) Or More In Accordance With Presidential Decree 1870, Regardless Of Whether Or Not Previous Warnings And Notices Have Been Issued For The Contractor To Improve His Performance; 16.3 Due To Its Own Fault And After This Contract Time Has Expired, The Contractor Incurs Delay In The Completion Of The Work After This Contract Has Expired; Or 16.4 The Contractor: (a) Abandons The Contract Works, Refuses Or Fails To Comply With A Valid Instruction Of The Procuring Entity Or Fails To Proceed Expeditiously And Without Delay Despite A Written Notice By The Procuring Entity; (b) Does Not Actually Have On The Project Site The Minimum Essential Equipment Listed On The Bid Necessary To Prosecute The Works In Accordance With The Approved Program Of Work And Equipment Deployment Schedule As Required For The Project; (c) Does Not Execute The Works In Accordance With This Contract Or Persistently Or Flagrantly Neglects To Carry Out Its Obligations Under This Contract; (d) Neglects Or Refuses To Remove Materials Or To Perform A New Work That Has Been Rejected As Defective Or Unsuitable; Or (e) Sub-lets Any Part Of This Contract Without Approval By The Procuring Entity. 16.5 All Materials On The Site, Plant, Equipment, And Works Shall Be Deemed To Be The Property Of The Procuring Entity If This Contract Is Rescinded Because Of The Contractor’s Default. 17. Termination For Default Of Procuring Entity 17.1 The Contractor May Terminate This Contract With The Procuring Entity If The Works Are Completely Stopped For A Continuous Period Of At Least Sixty (60) Calendar Days Through No Fault Of Its Own, Due To Any Of The Following Reasons: (a) Failure Of The Procuring Entity To Deliver, Within A Reasonable Time, Supplies, Materials, Right-of-way, Or Other Items It Is Obligated To Furnish Under The Terms Of This Contract; Or (b) The Prosecution Of The Work Is Disrupted By The Adverse Peace And Order Situation, As Certified By The Armed Forces Of The Philippines Provincial Commander And Approved By The Secretary Of National Defense. 18 Termination For Other Causes 18.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate This Contract For The Convenience Of The Procuring Entity If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 18.2 The Procuring Entity Or The Contractor May Terminate This Contract If The Other Party Causes A Fundamental Breach Of This Contract. 18.3 Fundamental Breaches Of Contract Shall Include, But Shall Not Be Limited To, The Following: (a) The Contractor Stops Work For Twenty Eight (28) Days When No Stoppage Of Work Is Shown On The Current Program Of Work And The Stoppage Has Not Been Authorized By The Procuring Entity’s Representative; (b) The Procuring Entity’s Representative Instructs The Contractor To Delay The Progress Of The Works, And The Instruction Is Not Withdrawn Within Twenty Eight (28) Days; (c) The Procuring Entity Shall Terminate This Contract If The Contractor Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Contractor, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Contractor. In The Case Of The Contractor's Insolvency, Any Contractor's Equipment Which The Procuring Entity Instructs In The Notice Is To Be Used Until The Completion Of The Works; (d) A Payment Certified By The Procuring Entity’s Representative Is Not Paid By The Procuring Entity To The Contractor Within Eighty Four (84) Days From The Date Of The Procuring Entity’s Representative’s Certificate; (e) The Procuring Entity’s Representative Gives Notice That Failure To Correct A Particular Defect Is A Fundamental Breach Of Contract And The Contractor Fails To Correct It Within A Reasonable Period Of Time Determined By The Procuring Entity’s Representative; (f) The Contractor Does Not Maintain A Security, Which Is Required; (g) The Contractor Has Delayed The Completion Of The Works By The Number Of Days For Which The Maximum Amount Of Liquidated Damages Can Be Paid, As Defined In The Gcc Clause 9; And (h) In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To, The Following: (i) Corrupt, Fraudulent, Collusive And Coercive Practices As Defined In Itb Clause 3.1(a); (ii) Drawing Up Or Using Forged Documents; (iii) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (iv) Any Other Act Analogous To The Foregoing. 18.4 The Funding Source Or The Procuring Entity, As Appropriate, Will Seek To Impose The Maximum Civil, Administrative And/or Criminal Penalties Available Under The Applicable Law On Individuals And Organizations Deemed To Be Involved With Corrupt, Fraudulent, Or Coercive Practices. 18.5 When Persons From Either Party To This Contract Gives Notice Of A Fundamental Breach To The Procuring Entity’s Representative In Order To Terminate The Existing Contract For A Cause Other Than Those Listed Under Gcc Clause 18.3, The Procuring Entity’s Representative Shall Decide Whether The Breach Is Fundamental Or Not. 18.6 If This Contract Is Terminated, The Contractor Shall Stop Work Immediately, Make The Site Safe And Secure, And Leave The Site As Soon As Reasonably Possible. 19. Procedures For Termination Of Contracts 19.1 The Following Provisions Shall Govern The Procedures For The Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Contractor Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Contractor To Show Cause As To Why This Contract Should Not Be Terminated; And (iv) Special Instructions Of The Procuring Entity, If Any. The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report (c) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Contractor Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why The Contract Should Not Be Terminated. If The Contractor Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating The Contract; (d) The Procuring Entity May, At Anytime Before Receipt Of The Bidder’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Contractor’s Receipt Of The Notice; (e) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Contractor Of Its Decision And, Unless Otherwise Provided In The Said Notice, This Contract Is Deemed Terminated From Receipt Of The Contractor Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; And (f) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity. 19.2 Pursuant To Section 69(f) Of Ra 9184 And Without Prejudice To The Imposition Of Additional Administrative Sanctions As The Internal Rules Of The Agency May Provide And/or Further Criminal Prosecution As Provided By Applicable Laws, The Procuring Entity Shall Impose On Contractors After The Termination Of The Contract The Penalty Of Suspension For One (1) Year For The First Offense, Suspension For Two (2) Years For The Second Offense From Participating In The Public Bidding Process, For Violations Committed During The Contract Implementation Stage, Which Include But Not Limited To The Following: (a) Failure Of The Contractor, Due Solely To His Fault Or Negligence, To Mobilize And Start Work Or Performance Within The Specified Period In The Notice To Proceed (“ntp”); (b) Failure By The Contractor To Fully And Faithfully Comply With Its Contractual Obligations Without Valid Cause, Or Failure By The Contractor To Comply With Any Written Lawful Instruction Of The Procuring Entity Or Its Representative(s) Pursuant To The Implementation Of The Contract. For The Procurement Of Infrastructure Projects Or Consultancy Contracts, Lawful Instructions Include But Are Not Limited To The Following: (i) Employment Of Competent Technical Personnel, Competent Engineers And/or Work Supervisors; (ii) Provision Of Warning Signs And Barricades In Accordance With Approved Plans And Specifications And Contract Provisions; (iii) Stockpiling In Proper Places Of All Materials And Removal From The Project Site Of Waste And Excess Materials, Including Broken Pavement And Excavated Debris In Accordance With Approved Plans And Specifications And Contract Provisions; (iv) Deployment Of Committed Equipment, Facilities, Support Staff And Manpower; And (v) Renewal Of The Effectivity Dates Of The Performance Security After Its Expiration During The Course Of Contract Implementation. (c) Assignment And Subcontracting Of The Contract Or Any Part Thereof Or Substitution Of Key Personnel Named In The Proposal Without Prior Written Approval By The Procuring Entity. (d) Poor Performance By The Contractor Or Unsatisfactory Quality And/or Progress Of Work Arising From His Fault Or Negligence As Reflected In The Constructor's Performance Evaluation System (“cpes”) Rating Sheet. In The Absence Of The Cpes Rating Sheet, The Existing Performance Monitoring System Of The Procuring Entity Shall Be Applied. Any Of The Following Acts By The Constructor Shall Be Construed As Poor Performance: (i) Negative Slippage Of 15% And Above Within The Critical Path Of The Project Due Entirely To The Fault Or Negligence Of The Contractor; And (ii) Quality Of Materials And Workmanship Not Complying With The Approved Specifications Arising From The Contractor's Fault Or Negligence. (e) Willful Or Deliberate Abandonment Or Non-performance Of The Project Or Contract By The Contractor Resulting To Substantial Breach Thereof Without Lawful And/or Just Cause In Addition To The Penalty Of Suspension, The Performance Security Posted By The Contractor Shall Also Be Forfeited. 20. Force Majeure, Release From Performance 20.1 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 20.2 If This Contract Is Discontinued By An Outbreak Of War Or By Any Other Event Entirely Outside The Control Of Either The Procuring Entity Or The Contractor, The Procuring Entity’s Representative Shall Certify That This Contract Has Been Discontinued. The Contractor Shall Make The Site Safe And Stop Work As Quickly As Possible After Receiving This Certificate And Shall Be Paid For All Works Carried Out Before Receiving It And For Any Work Carried Out Afterwards To Which A Commitment Was Made. 20.3 If The Event Continues For A Period Of Eighty Four (84) Days, Either Party May Then Give Notice Of Termination, Which Shall Take Effect Twenty Eight (28) Days After The Giving Of The Notice. 20.4 After Termination, The Contractor Shall Be Entitled To Payment Of The Unpaid Balance Of The Value Of The Works Executed And Of The Materials And Plant Reasonably Delivered To The Site, Adjusted By The Following: (a) Any Sum To Which The Contractor Is Entitled Under Gcc Clause 28; (b) The Cost Of His Suspension And Demobilization; (c) Any Sum To Which The Procuring Entity Is Entitled. 20.5 The Net Balance Due Shall Be Paid Or Repaid Within A Reasonable Time Period From The Time Of The Notice Of Termination. 21. Resolution Of Disputes 21.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Parties In Connection With The Implementation Of The Contract Covered By The Act And This Irr, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 21.2 If The Contractor Believes That A Decision Taken By The Procuring Entity’s Representative Was Either Outside The Authority Given To The Procuring Entity’s Representative By This Contract Or That The Decision Was Wrongly Taken, The Decision Shall Be Referred To The Arbiter Indicated In The Scc Within Fourteen (14) Days Of The Notification Of The Procuring Entity’s Representative’s Decision. 21.3 Any And All Disputes Arising From The Implementation Of This Contract Covered By The R.a. 9184 And Its Irr Shall Be Submitted To Arbitration In The Philippines According To The Provisions Of Republic Act No. 876, Otherwise Known As The “ Arbitration Law” And Republic Act 9285, Otherwise Known As The “alternative Dispute Resolution Act Of 2004”: Provided, However, That, Disputes That Are Within The Competence Of The Construction Industry Arbitration Commission To Resolve Shall Be Referred Thereto. The Process Of Arbitration Shall Be Incorporated As A Provision In This Contract That Will Be Executed Pursuant To The Provisions Of The Act And Its Irr-a: Provided, Further, That, By Mutual Agreement, The Parties May Agree In Writing To Resort To Other Alternative Modes Of Dispute Resolution. Additional Instructions On Resolution Of Disputes, If Any, Shall Be Indicated In The Scc. 22. Suspension Of Loan, Credit, Grant, Or Appropriation In The Event That The Funding Source Suspends The Loan, Credit, Grant, Or Appropriation To The Procuring Entity, From Which Part Of The Payments To The Contractor Are Being Made: (a) The Procuring Entity Is Obligated To Notify The Contractor Of Such Suspension Within Seven (7) Days Of Having Received The Suspension Notice. (b) If The Contractor Has Not Received Sums Due It For Work Already Done Within Forty Five (45) Days From The Time The Contractor’s Claim For Payment Has Been Certified By The Procuring Entity’s Representative, The Contractor May Immediately Issue A Suspension Of Work Notice In Accordance With Scc Clause 45.2. 23. Procuring Entity’s Representative’s Decisions 23.1 Except Where Otherwise Specifically Stated, The Procuring Entity’s Representative Will Decide Contractual Matters Between The Procuring Entity And The Contractor In The Role Representing The Procuring Entity’s. 23.2 The Procuring Entity’s Representative May Delegate Any Of His Duties And Responsibilities To Other People, Except To The Arbiter, After Notifying The Contractor, And May Cancel Any Delegation After Notifying The Contractor. 24. Approval Of Drawings And Temporary Works By The Procuring Entity’s Representative 24.1 All Drawings Prepared By The Contractor For The Execution Of The Temporary Works, Are Subject To Prior Approval By The Procuring Entity’s Representative Before Its Use. 24.2 The Contractor Shall Be Responsible For Design Of Temporary Works. 24.3 The Procuring Entity’s Representative’s Approval Shall Not Alter The Contractor’s Responsibility For Design Of The Temporary Works. 24.4 The Contractor Shall Obtain Approval Of Third Parties To The Design Of The Temporary Works, When Required By The Procuring Entity. 25. Acceleration And Delays Ordered By The Procuring Entity’s Representative 25.1 When The Procuring Entity Wants The Contractor To Finish Before The Intended Completion Date, The Procuring Entity’s Representative Will Obtain Priced Proposals For Achieving The Necessary Acceleration From The Contractor. If The Procuring Entity Accepts These Proposals, The Intended Completion Date Will Be Adjusted Accordingly And Confirmed By Both The Procuring Entity And The Contractor. 25.2 If The Contractor’s Financial Proposals For Acceleration Are Accepted By The Procuring Entity, They Are Incorporated In The Contract Price And Treated As A Variation. 26. Extension Of The Intended Completion Date 26.1 The Procuring Entity’s Representative Shall Extend The Intended Completion Date If A Variation Is Issued Which Makes It Impossible For The Intended Completion Date To Be Achieved By The Contractor Without Taking Steps To Accelerate The Remaining Work, Which Would Cause The Contractor To Incur Additional Costs. Unless Specified In The Scc, No Payment Shall Be Made For Any Event Which May Warrant The Extension Of The Intended Completion Date. 26.2 The Procuring Entity’s Representative Shall Decide Whether And By How Much To Extend The Intended Completion Date Within Twenty One (21) Days Of The Contractor Asking The Procuring Entity’s Representative For A Decision Thereto After Fully Submitting All Supporting Information. If The Contractor Has Failed To Give Early Warning Of A Delay Or Has Failed To Cooperate In Dealing With A Delay, The Delay By This Failure Shall Not Be Considered In Assessing The New Intended Completion Date. 27. Right To Vary 27.1 The Procuring Entity’s Representative With The Prior Approval Of The Procuring Entity May Instruct Variations, Up To A Maximum Cumulative Amount Of Ten Percent (10%) Of The Original Contract Cost. 27.1 Variations Shall Be Valued As Follows: (a) At A Lump Sum Price Agreed Between The Parties; (b) Where Appropriate, At Rates In This Contract; (c) In The Absence Of Appropriate Rates, The Rates In This Contract Shall Be Used As The Basis For Valuation; Or Failing Which (d) At Appropriate New Rates, Equal To Or Lower Than Current Industry Rates And To Be Agreed Upon By Both Parties And Approved By The Head Of The Procuring Entity. 28. Contractors Right To Claim If The Contractor Incurs Cost As A Result Of Any Of The Events Under Gcc Clause 13, The Contractor Shall Be Entitled To The Amount Of Such Cost. If As A Result Of Any Of The Said Events, It Is Necessary To Change The Works, This Shall Be Dealt With As A Variation. 29. Dayworks 29.1 Subject To Gcc Clause 43 On Variation Order, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 29.2 All Work To Be Paid For As Dayworks Shall Be Recorded By The Contractor On Forms Approved By The Procuring Entity’s Representative. Each Completed Form Shall Be Verified And Signed By The Procuring Entity’s Representative Within Two Days Of The Work Being Done. 29.3 The Contractor Shall Be Paid For Dayworks Subject To Obtaining Signed Dayworks Forms. 30. Early Warning 30.1 The Contractor Shall Warn The Procuring Entity’s Representative At The Earliest Opportunity Of Specific Likely Future Events Or Circumstances That May Adversely Affect The Quality Of The Work, Increase The Contract Price, Or Delay The Execution Of The Works. The Procuring Entity’s Representative May Require The Contractor To Provide An Estimate Of The Expected Effect Of The Future Event Or Circumstance On The Contract Price And Completion Date. The Estimate Shall Be Provided By The Contractor As Soon As Reasonably Possible. 30.2 The Contractor Shall Cooperate With The Procuring Entity’s Representative In Making And Considering Proposals For How The Effect Of Such An Event Or Circumstance Can Be Avoided Or Reduced By Anyone Involved In The Work And In Carrying Out Any Resulting Instruction Of The Procuring Entity’s Representative 31. Program Of Work 31.1 Within The Time Stated In The Scc, The Contractor Shall Submit To The Procuring Entity’s Representative For Approval A Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. 31.2 An Update Of The Program Of Work Shall The Show The Actual Progress Achieved On Each Activity And The Effect Of The Progress Achieved On The Timing Of The Remaining Work, Including Any Changes To The Sequence Of The Activities. 31.3 The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 31.4 The Procuring Entity’s Representative’s Approval Of The Program Of Work Shall Not Alter The Contractor’s Obligations. The Contractor May Revise The Program Of Work And Submit It To The Procuring Entity’s Representative Again At Any Time. A Revised Program Of Work Shall Show The Effect Of Any Approved Variations; And If Allowed, Any Compensation Event. 31.5 When The Program Of Work Is Updated, The Contractor Shall Provide The Procuring Entity’s Representative With An Updated Cash Flow Forecast. The Cash Flow Forecast Shall Include Different Currencies, As Defined In The Contract, Converted As Necessary Using The Contract Exchange Rates. 31.6 All Variations Shall Be Included In Updated Program Of Work Produced By The Contractor. 32. Management Conference 32.1 Either The Procuring Entity’s Representative Or The Contractor May Require The Other To Attend A Management Conference. The Management Conference Shall Review The Plans For Remaining Work And Deal With Matters Raised In Accordance With The Early Warning Procedure. 32.2 The Procuring Entity’s Representative Shall Record The Business Of Management Conferences And Provide Copies Of The Record To Those Attending The Conference And To The Procuring Entity . The Responsibility Of The Parties For Actions To Be Taken Shall Be Decided By The Procuring Entity’s Representative Either At The Management Conference Or After The Management Conference And Stated In Writing To All Who Attended The Conference. 33. Bill Of Quantities 33.1 The Bill Of Quantities Shall Contain Items Of Work For The Construction, Installation, Testing, And Commissioning Of Work To Be Done By The Contractor. 33.2 The Bill Of Quantities Is Used To Calculate The Contract Price. The Contractor Is Paid For The Quantity Of The Work Done At The Rate In The Bill Of Quantities For Each Item. 33.3 If The Final Quantity Of Any Work Done Differs From The Quantity In The Bill Of Quantities For The Particular Item And Is Not More Than Twenty Five Percent (25%) Of The Original Quantity, Provided The Aggregate Changes For All Items Do Not Exceed Ten Percent (10%) Of The Contract Price, The Procuring Entity’s Representative Shall Make The Necessary Adjustments To Allow For The Changes Subject To Applicable Laws, Rules, And Regulations. 33.4 If Requested By The Procuring Entity’s Representative, The Contractor Shall Provide The Procuring Entity’s Representative With A Detailed Cost Breakdown Of Any Rate In The Bill Of Quantities. 34. Instructions, Inspections And Audits 34.1 The Procuring Entity’s Personnel Shall At All Reasonable Times During Construction Of The Work Be Entitled To Examine, Inspect, Measure And Test The Materials And Workmanship, And To Check The Progress Of The Construction. 34.2 If The Procuring Entity’s Representative Instructs The Contractor To Carry Out A Test Not Specified In The Specification To Check Whether Any Work Has A Defect And The Test Shows That It Does, The Contractor Shall Pay For The Test And Any Samples. If There Is No Defect, The Test Shall Be A Compensation Event. 34.3 The Contractor Shall Permit The Funding Source Named In The Scc To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source 35. Identifying Defects The Procuring Entity’s Representative Shall Check The Contractor’s Work And Notify The Contractor Of Any Defects That Are Found. Such Checking Shall Not Affect The Contractor’s Responsibilities. The Procuring Entity’s Representative May Instruct The Contractor To Search Uncover Defects And Test Any Work That The Procuring Entity’s Representative Considers Below Standards And Defective. 36. Cost Of Repairs Loss Or Damage To The Works Or Materials To Be Incorporated In The Works Between The Start Date And The End Of The Defects Liability Periods Shall Be Remedied By The Contractor At The Contractor’s Cost If The Loss Or Damage Arises From The Contractor’s Acts Or Omissions. 37. Correction Of Defects 37.1 The Procuring Entity’s Representative Shall Give Notice To The Contractor Of Any Defects Before The End Of The Defects Liability Period, Which Begins At Completion Date Up To Final Acceptance By The Procuring Entity’s Unless Otherwise Specified In The Scc. The Defects Liability Period Shall Be Extended For As Long As Defects Remain To Be Corrected. 37.2 Every Time Notice Of A Defect Is Given, The Contractor Shall Correct The Notified Defect Within The Length Of Time Specified In The Procuring Entity’s Representative’s Notice. 37.3 The Contractor Shall Correct The Defects Which He Notices Himself Before The End Of The Defects Liability Period. 37.4 The Procuring Entity Shall Certify That All Defects Have Been Corrected. If The Procuring Entity Considers That Correction Of A Defect Is Not Essential, He Can Request The Contractor To Submit A Quotation For The Corresponding Reduction In The Contract Price. If The Procuring Entity Accepts The Quotation, The Corresponding Change In The Scc Is A Variation. 38. Uncorrected Defects 38.1 The Procuring Entity Shall Give The Contractor At Least Fourteen (14) Days Notice Of His Intention To Use A Third Party To Correct A Defect. If The Contractor Does Not Correct The Defect Himself Within The Period, The Procuring Entity May Have The Defect Corrected By The Third Party. The Cost Of The Correction Will Be Deducted From The Contract Price. 38.2 The Use Of A Third Party To Correct Defects That Are Uncorrected By The Contractor Will In No Way Relieve The Contractor Of Its Liabilities And Warranties Under The Contract. 39. Advance Payment 39.1 The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum Or, At The Most Two, Installments According To A Schedule Specified In The Scc. 39.2 The Advance Payment Shall Be Made Only Upon The Submission To And Acceptance By The Procuring Entity Of An Irrevocable Standby Letter Of Credit Of Equivalent Value From A Commercial Bank, A Bank Guarantee Or A Surety Bond Callable Upon Demand, Issued By A Surety Or Insurance Company Duly Licensed By The Insurance Commission And Confirmed By The Procuring Entity. 39.3 The Advance Payment Shall Be Repaid By The Contractor By An Amount Equal To The Percentage Of The Total Contract Price Used For The Advance Payment. 39.4 The Contractor May Reduce His Standby Letter Of Credit Or Guarantee Instrument By The Amounts Refunded By The Monthly Certificates In The Advance Payment. 39.5 The Procuring Entity Will Provide An Advance Payment On The Contract Price As Stipulated In The Conditions Of Contract, Subject To The Maximum Amount Stated In Scc Clause 39.1. 40. Progress Payments 40.1 The Contractor May Submit A Request For Payment For Work Accomplished. Such Request For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 40.2 The Procuring Entity Shall Deduct The Following From The Certified Gross Amounts To Be Paid To The Contractor As Progress Payment: (a) Cumulative Value Of The Work Previously Certified And Paid For. (b) Portion Of The Advance Payment To Be Recouped For The Month. (c) Retention Money In Accordance With The Condition Of Contract. (d) Amount To Cover Third Party Liabilities. (e) Amount To Cover Uncorrected Discovered Defects In The Works. 40.3 Payments Shall Be Adjusted By Deducting Therefrom The Amounts For Advance Payments And Retention. The Procuring Entity Shall Pay The Contractor The Amounts Certified By The Procuring Entity’s Representative Within Twenty Eight (28) Days From The Date Each Certificate Was Issued. Unless Otherwise Indicated In The Scc, No Payment Of Interest For Delayed Payments And Adjustments Shall Be Made By The Procuring Entity. 40.4 The First Progress Payment May Be Paid By The Procuring Entity To The Contractor Provided That At Least Twenty Percent (20%) Of The Work Has Been Accomplished As Certified By The Procuring Entity’s Representative. 40.5 Items Of The Works For Which A Price Of “0” (zero) Has Been Entered Will Not Be Paid For By The Procuring Entity And Shall Be Deemed Covered By Other Rates And Prices In The Contract. 41. Payment Certificates 41.1 The Contractor Shall Submit To The Procuring Entity’s Representative Monthly Statements Of The Estimated Value Of The Work Executed Less The Cumulative Amount Certified Previously. 41.2 The Procuring Entity’s Representative Shall Check The Contractor’s Monthly Statement And Certify The Amount To Be Paid To The Contractor. 41.3 The Value Of Work Executed Shall: (a) Be Determined By The Procuring Entity’s Representative; (b) Comprise The Value Of The Quantities Of The Items In The Bill Of Quantities Completed; And (c) Include The Valuations Of Approved Variations. 41.4 The Procuring Entity’s Representative May Exclude Any Item Certified In A Previous Certificate Or Reduce The Proportion Of Any Item Previously Certified In Any Certificate In The Light Of Later Information. 42. Retention 42.1 The Procuring Entity Shall Retain From Each Payment Due To The Contractor An Amount Equal To A Percentage Thereof Using The Rate As Specified In Scc Clause 42.2. 42.2 Progress Payments Are Subject To Retention Of Ten Percent (10%), Unless Otherwise Specified In The Scc, Referred To As The “retention Money.” Such Retention Shall Be Based On The Total Amount Due To The Contractor Prior To Any Deduction And Shall Be Retained From Every Progress Payment Until Fifty Percent (50%) Of The Value Of Works, As Determined By The Procuring Entity, Are Completed. If, After Fifty Percent (50%) Completion, The Work Is Satisfactorily Done And On Schedule, No Additional Retention Shall Be Made; Otherwise, The Ten Percent (10%) Retention Shall Again Be Imposed Using The Rate Specified Therefore. 42.3 The Total “retention Money” Shall Be Due For Release Upon Final Acceptance Of The Works. The Contractor May, However, Request The Substitution Of The Retention Money For Each Progress Billing With Irrevocable Standby Letters Of Credit From A Commercial Bank, Bank Guarantees Or Surety Bonds Callable On Demand, Of Amounts Equivalent To The Retention Money Substituted For And Acceptable To The Procuring Entity, Provided That The Project Is On Schedule And Is Satisfactorily Undertaken. Otherwise, The Ten (10%) Percent Retention Shall Be Made. Said Irrevocable Standby Letters Of Credit, Bank Guarantees And/or Surety Bonds, To Be Posted In Favor Of The Government Shall Be Valid For A Duration To Be Determined By The Concerned Implementing Office/agency Or Procuring Entity And Will Answer For The Purpose For Which The Ten (10%) Percent Retention Is Intended, I.e., To Cover Uncorrected Discovered Defects And Third Party Liabilities. 42.4 On Completion Of The Whole Works, The Contractor May Substitute Retention Money With An “on Demand” Bank Guarantee In A Form Acceptable To The Procuring Entity. 43. Variation Orders 43.1 Variation Orders May Be Issued By The Procuring Entity To Cover Any Increase/decrease In Quantities, Including The Introduction Of New Work Items That Are Not Included In The Original Contract Or Reclassification Of Work Items That Are Either Due To Change Of Plans, Design Or Alignment To Suit Actual Field Conditions Resulting In Disparity Between The Preconstruction Plans Used For Purposes Of Bidding And The “as Staked Plans” Or Construction Drawings Prepared After A Joint Survey By The Contractor And The Procuring Entity After Award Of The Contract, Provided That The Cumulative Amount Of The Variation Order Does Not Exceed Ten Percent (10%) Of The Original Project Cost. The Addition/deletion Of Works Should Be Within The General Scope Of The Project As Bid And Awarded. The Scope Of Works Shall Not Be Reduced So As To Accommodate A Positive Variation Order. A Variation Order May Either Be In The Form Of A Change Order Or Extra Work Order. 43.2 A Change Order May Be Issued By The Implementing Official To Cover Any Increase/decrease In Quantities Of Original Work Items In The Contract. 43.3 An Extra Work Order May Be Issued By The Implementing Official To Cover The Introduction Of New Work Necessary For The Completion, Improvement Or Protection Of The Project Which Were Not Included As Items Of Work In The Original Contract, Such As, Where There Are Subsurface Or Latent Physical Conditions At The Site Differing Materially From Those Indicated In The Contract, Or Where There Are Duly Unknown Physical Conditions At The Site Of An Unusual Nature Differing Materially From Those Ordinarily Encountered And Generally Recognized As Inherent In The Work Or Character Provided For In The Contract. 43.4 Any Cumulative Variation Order Beyond Ten Percent (10%) Shall Be Subject Of Another Contract To Be Bid Out If The Works Are Separable From The Original Contract. In Exceptional Cases Where It Is Urgently Necessary To Complete The Original Scope Of Work, The Head Of The Procuring Entity May Authorize A Positive Variation Order Go Beyond Ten Percent (10%) But Not More Than Twenty Percent (20%) Of The Original Contract Price, Subject To The Guidelines To Be Determined By The Gppb: Provided, However, That Appropriate Sanctions Shall Be Imposed On The Designer, Consultant Or Official Responsible For The Original Detailed Engineering Design Which Failed To Consider The Variation Order Beyond Ten Percent (10%). 43.5 In Claiming For Any Variation Order, The Contractor Shall, Within Seven (7) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Condition(s) Leading To The Extra Cost, And Within Twenty-eight (28) Calendar Days Deliver A Written Communication Giving Full And Detailed Particulars Of Any Extra Cost In Order That It May Be Investigated At That Time. Failure To Provide Either Of Such Notices In The Time Stipulated Shall Constitute A Waiver By The Contractor For Any Claim. The Preparation And Submission Of Variation Orders Are As Follows: (a) If The Procuring Entity’s Representative/project Engineer Believes That A Change Order Or Extra Work Order Should Be Issued, He Shall Prepare The Proposed Order Accompanied With The Notices Submitted By The Contractor, The Plans Therefore, His Computations As To The Quantities Of The Additional Works Involved Per Item Indicating The Specific Stations Where Such Works Are Needed, The Date Of His Inspections And Investigations Thereon, And The Log Book Thereof, And A Detailed Estimate Of The Unit Cost Of Such Items Of Work, Together With His Justifications For The Need Of Such Change Order Or Extra Work Order, And Shall Submit The Same To The Head Of The Procuring Entity For Approval. (b) The Head Of The Procuring Entity Or His Duly Authorized Representative, Upon Receipt Of The Proposed Change Order Or Extra Work Order Shall Immediately Instruct The Technical Staff Of The Procuring Entity’s To Conduct An On-the-spot Investigation To Verify The Need For The Work To Be Prosecuted. A Report Of Such Verification Shall Be Submitted Directly To The Head Of The Procuring Entity Or His Duly Authorized Representative. (c) The, Head Of The Procuring Entity Or His Duly Authorized Representative, After Being Satisfied That Such Change Order Or Extra Work Order Is Justified And Necessary, Shall Review The Estimated Quantities And Prices And Forward The Proposal With The Supporting Documentation To The Head Of Procuring Entity For Consideration. (d) If, After Review Of The Plans, Quantities And Estimated Unit Cost Of The Items Of Work Involved, The Proper Office Of The Procuring Entity Empowered To Review And Evaluate Change Orders Or Extra Work Orders Recommends Approval Thereof, Head Of The Procuring Entity Or His Duly Authorized Representative, Believing The Change Order Or Extra Work Order To Be In Order, Shall Approve The Same. (e) The Timeframe For The Processing Of Variation Orders From The Preparation Up To The Approval By The Head Of The Procuring Entity Concerned Shall Not Exceed Thirty (30) Calendar Days. 44. Contract Completion Once The Project Reaches An Accomplishment Of Ninety Five (95%) Of The Total Contract Amount, The Procuring Entity May Create An Inspectorate Team To Make Preliminary Inspection And Submit A Punch-list To The Contractor In Preparation For The Final Turnover Of The Project. Said Punch-list Will Contain, Among Others, The Remaining Works, Work Deficiencies For Necessary Corrections, And The Specific Duration/time To Fully Complete The Project Considering The Approved Remaining Contract Time. This, However, Shall Not Preclude The Claim Of The Procuring Entity For Liquidated Damages. 45. Suspension Of Work 45.1 The Procuring Entity Shall Have The Authority To Suspend The Work Wholly Or Partly By Written Order For Such Period As May Be Deemed Necessary, Due To Force Majeure Or Any Fortuitous Events Or For Failure On The Part Of The Contractor To Correct Bad Conditions Which Are Unsafe For Workers Or For The General Public, To Carry Out Valid Orders Given By The Procuring Entity Or To Perform Any Provisions Of The Contract, Or Due To Adjustment Of Plans To Suit Field Conditions As Found Necessary During Construction. The Contractor Shall Immediately Comply With Such Order To Suspend The Work Wholly Or Partly. 45.2 The Contractor Or Its Duly Authorized Representative Shall Have The Right To Suspend Work Operation On Any Or All Projects/activities Along The Critical Path Of Activities After Fifteen (15) Calendar Days From Date Of Receipt Of Written Notice From The Contractor To The District Engineer/regional Director/consultant Or Equivalent Official, As The Case May Be, Due To The Following (a) There Exist Right-of-way Problems Which Prohibit The Contractor From Performing Work In Accordance With The Approved Construction Schedule. (b) Requisite Construction Plans Which Must Be Owner-furnished Are Not Issued To The Contractor Precluding Any Work Called For By Such Plans. (c) Peace And Order Conditions Make It Extremely Dangerous, If Not Possible, To Work. However, This Condition Must Be Certified In Writing By The Philippine National Police (pnp) Station Which Has Responsibility Over The Affected Area And Confirmed By The Department Of Interior And Local Government (dilg) Regional Director. (d) There Is Failure On The Part Of The Procuring Entity To Deliver Government-furnished Materials And Equipment As Stipulated In The Contract. (e) Delay In The Payment Of Contractor’s Claim For Progress Billing Beyond Forty-five (45) Calendar Days From The Time The Contractor’s Claim Has Been Certified To By The Procuring Entity’s Authorized Representative That The Documents Are Complete Unless There Are Justifiable Reasons Thereof Which Shall Be Communicated In Writing To The Contractor. 45.3 In Case Of Total Suspension, Or Suspension Of Activities Along The Critical Path, Which Is Not Due To Any Fault Of The Contractor, The Elapsed Time Between The Effective Order Of Suspending Operation And The Order To Resume Work Shall Be Allowed The Contractor By Adjusting The Contract Time Accordingly. 46. Payment Termination 46.1 If The Contract Is Terminated Because Of A Fundamental Breach Of Contract By The Contractor, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done And Materials Ordered Less Advance Payments Received Up To The Date Of The Issue Of The Certificate And Less The Percentage To Apply To The Value Of The Work Not Completed, As Indicated In The Scc. Additional Liquidated Damages Shall Not Apply. If The Total Amount Due To The Procuring Entity Exceeds Any Payment Due To The Contractor, The Difference Shall Be A Debt Payable To The Procuring Entity. 46.2 If The Contract Is Terminated For The Procuring Entity’s Convenience Or Because Of A Fundamental Breach Of Contract By The Procuring Entity, The Procuring Entity’s Representative Shall Issue A Certificate For The Value Of The Work Done, Materials Ordered, The Reasonable Cost Of Removal Of Equipment, Repatriation Of The Contractor’s Personnel Employed Solely On The Works, And The Contractor’s Costs Of Protecting And Securing The Works, And Less Advance Payments Received Up To The Date Of The Certificate. 46.3 The Net Balance Due Shall Be Paid Or Repaid Within Twenty Eight (28) Days From The Notice Of Termination. 46.4 If The Contractor Has Terminated The Contract Under Gcc Clauses 17 Or 18, The Procuring Entity Shall Promptly Return The Performance Security To The Contractor. 47. Extension Of Contract Time 47.1 Should The Amount Of Additional Work Of Any Kind Or Other Special Circumstances Of Any Kind Whatsoever Occur Such As To Fairly Entitle The Contractor To An Extension Of Contract Time, The Procuring Entity Shall Determine The Amount Of Such Extension; Provided That The Procuring Entity Is Not Bound To Take Into Account Any Claim For An Extension Of Time Unless The Contractor Has, Prior To The Expiration Of The Contract Time And Within Thirty (30) Calendar Days After Such Work Has Been Commenced Or After The Circumstances Leading To Such Claim Have Arisen, Delivered To The Procuring Entity Notices In Order That It Could Have Investigated Them At That Time. Failure To Provide Such Notice Shall Constitute A Waiver By The Contractor Of Any Claim. Upon Receipt Of Full And Detailed Particulars, The Procuring Entity Shall Examine The Facts And Extent Of The Delay And Shall Extend The Contract Time Completing The Contract Work When, In The Procuring Entity’s Opinion, The Findings Of Facts Justify An Extension. 47.2 No Extension Of Contract Time Shall Be Granted The Contractor Due To (a) Ordinary Unfavorable Weather Conditions And (b) Inexcusable Failure Or Negligence Of Contractor To Provide The Required Equipment, Supplies Or Materials. 47.3 Extension Of Contract Time May Be Granted Only When The Affected Activities Fall Within The Critical Path Of The Pert/cpm Network. 47.4 No Extension Of Contract Time Shall Be Granted When The Reason Given To Support The Request For Extension Was Already Considered In The Determination Of The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection. 47.5 Extension Of Contract Time Shall Be Granted For Rainy/unworkable Days Considered Unfavorable For The Prosecution Of The Works At The Site, Based On The Actual Conditions Obtained At The Site, In Excess Of The Number Of Rainy/unworkable Days Pre-determined By The Procuring Entity In Relation To The Original Contract Time During The Conduct Of Detailed Engineering And In The Preparation Of The Contract Documents As Agreed Upon By The Parties Before Contract Perfection, And/or For Equivalent Period Of Delay Due To Major Calamities Such As Exceptionally Destructive Typhoons, Floods And Earthquakes, And Epidemics, And For Causes Such As Non-delivery On Time Of Materials, Working Drawings, Or Written Information To Be Furnished By The Procuring Entity, Non-acquisition Of Permit To Enter Private Properties Within The Right-of-way Resulting In Complete Paralyzation Of Construction Activities, And Other Meritorious Causes As Determined By The Procuring Entity’s Representative And Approved By The Head Of The Procuring Entity. Shortage Of Construction Materials, General Labor Strikes, And Peace And Order Problems That Disrupt Construction Operations Through No Fault Of The Contractor May Be Considered As Additional Grounds For Extension Of Contract Time Provided They Are Publicly Felt And Certified By Appropriate Government Agencies Such As Dti, Dole, Dilg, And Dnd, Among Others. The Written Consent Of Bondsmen Must Be Attached To Any Request Of The Contractor For Extension Of Contract Time And Submitted To The Procuring Entity For Consideration And The Validity Of The Performance Security Shall Be Correspondingly Extended. 48. Price Adjustment Except For Extraordinary Circumstances As Determined By Neda And Approved By The Gppb, No Price Adjustment Shall Be Allowed Unless Otherwise Specified In The Scc. 49. Completion The Contractor Shall Request The Procuring Entity’s Representative To Issue A Certificate Of Completion Of The Works, And The Procuring Entity’s Representative Will Do So Upon Deciding That The Work Is Completed. 50. Taking Over The Procuring Entity Shall Take Over The Site And The Works Within Seven (7) Days From The Date The Procuring Entity’s Representative Issues A Certificate Of Completion. 51. Operating And Maintenance Manuals 51.1 If “as Built” Drawings And/or Operating And Maintenance Manuals Are Required, The Contractor Shall Supply Them By The Dates Stated In The Scc. Section V – Special Conditions Of Contract Scc Clause 1.17 The Contract Duration For This Project Is One Hundred Twenty (120) Calendar Days. The Completion Date Shall Be Determined After Contractors’ Receipt Of The Written Notice To Proceed. 1.22 The Procuring Entity Is The Local Government Of Badiangan, Iloilo. 1.23 The Procuring Entity’s Representative Is Engineer Rosilia A. Villa, Municipal Engineer. 1.24 The Site Of The Project Is At Brgy. Ilongbukid, Badiangan, Iloilo. 1.28 The Start Date Is Five (5) Days After Bidder’s Receipt Of The Notice To Proceed. 1.31 The Works Includes Miscellaneous Survey & Staking, Project Billboard/ Signboard, Traffic Management, Mobilization/ Demobilization, Clearing And Grubbing, Structure Excavation, Embankment From Roadway Excavation, Embankment From Borrow, Subgrade Preparation, Aggregate Subbase Course, Reinforcing Steel, Structural Concrete And Concrete Slope Protection. 5.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contract. 6.5 The Contractor Shall Employ The Following Minimum Key Personnel: Construction Foreman Skilled Laborer Unskilled Laborer 7.1 No Further Instructions. 7.4(c) No Further Instructions. 8.1 No Further Instructions. 9.1 None 10 The Applicable Liquidated Damages Is At Least One Tenth (1/10) Of One Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 12.5 Five (5) Years. 13 No Additional Provisions. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 21.3 No Further Instructions. 26.1 No Further Instructions. 29.1 Day Works Are Applicable At The Rate Shown In The Contractor’s Original Bid. Scc Clause 34.3 The Funding Source Is Through The Provincial Aid From The Provincial Government Of Iloilo. 37.1 No Further Instructions. 39.1 The Amount Of Advance Payment Shall Be Equivalent To Fifteen Percent (15%) Of The Total Contract Price. 40.1 No Further Instructions. 40.3 No Further Instructions. 42.2 No Further Instructions. 43 For Variation Orders, The Contractor Shall Be Paid For Additional Work Items Whose Unit Prices Shall Be Derived Based On The Following: A) For Additional/extra Works Duly Covered By Change Orders Involving Work Items Which Are Exactly The Same Or Similar To Those In The Original Contract, The Applicable Unit Prices Of Work Items Original Contract Shall Be Used. B) For Additional/extra Works Duly Covered By Extra Work Orders Involving New Work Items That Are Not In The Original Contract, The Unit Prices Of The New Work Items Shall Be Based On The Direct Unit Costs Used In The Original Contract (e.g, Unit Cost Of Cement, Rebars, Form Lumber, Labor Rate, Equipment Rental, Etc.). All New Components Of The New Work Item Shall Be Fixed Prices, Provided The Same Is Acceptable To Both The Government And The Contractor, And Provided Further That The Direct Unit Costs Of New Components Shall Be Based On The Contractor’s Estimate As Validated By The Procuring Entity Concerned Via Documented Canvass In Accordance With Existing Rules And Regulations. The Direct Cost Of The New Work Item Shall Then Be Combined With The Mark-up Factor (i.e., Taxes And Profit) Used By The Contractor In His Bid To Determine The Unit Price Of The New Work Item. 48 No Further Instructions. 51.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is Twenty Five Thousand Pesos (p 25,000.00). Section Vi – Specifications Please Refer To The Attached Plans And Specifications Included As Part Of The Bidding Documents. Section Vii – Drawings Insert Here A List Of Drawings. The Actual Drawings, Including Sites Plans, Should Be Attached To This Section Or Annexed In A Separate Folder. Plans For Project Identification No. 2025 – 008 – B Are Attached. Please See On This Folder Plan For Project Identification No. 2025 – 008 - B Section Viii – Bill Of Quantities Project Identification No. 2025 – 008 – B Road Opening Project, Brgy. Ilongbukid, Badiangan, Iloilo. Name Of Bidder ______________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Description Quantity Unit Unit Cost Total Cost B.4(10) Miscellaneous Survey And Staking 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P B.5 Project Billboard/ Signboard 4 Each Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Each P …………………………..…….. Total P B.9 Mobilization/ Demobilization 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P 100(2) Clearing And Grubbing 1 L.s. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / L.s. P …………………………..…….. Total P 103(1)a Structure Excavation 61.07 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 104(1)a Embankment From Roadway Excavation 399.83 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 104(2)a Embankment From Borrow 97.75 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 105(1) Subgrade Preparation 2,048 Sq.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Sq.m. P …………………………..…….. Total P 200(1) Aggregate Subbase Course 409.60 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 404(1)a Reinforcing Steel 1,855.25 Kgs. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Kgs. P …………………………..…….. Total P 405 Structural Concrete (24mpa) 11.06 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P 510(2) Concrete Slope Protection 94.74 Cu.m. Pesos ……………………………………………… ………………………………………..………………….. ………………………………………….……………….. And ………………………………...……. Ctvs. (p …………………….…………) / Cu.m. P …………………………..…….. Total P Total Bid Cost In Figures P …………………………..…….. Total Bid Cost In Words …………………………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………. Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ____________________________ Date Summary Of Costs Project Identification No. 2025 – 008 - B Road Opening Project, Brgy. Ilongbukid, Badiangan, Iloilo Name Of Bidder ________________________________________________________ Project Identification Number __. Page Of . All Entries Must Be Computerized Or Typewritten Item No. Bid Amount I) Miscellaneous Survey And Staking P Ii) Project Billboard/ Signboard P Iii) Mobilization/ Demobilization P Iv) Clearing And Grubbing P V) Structure Excavation P Vi) Embankment From Roadway Excavation P Vii) Embankment From Borrow P Viii) Subgrade Preparation P Ix) Aggregate Subbase Course P X) Reinforcing Steel P Xi) Structural Concrete (24mpa) P Xii) Concrete Slope Protection P Total Bid Amount P Submitted By: __________________________________________ Printed Name And Signature Of Bidder’s Representative ____________________________________ Name Of Bidder ___________________________ Date Section Ix - Forms Bid Form (project Identification No. 2025 – 008 - B) _________________ Date To: [name And Address Of Procuring Entity] Sir/ Madam: We, The Undersigned, Declare That: We Have Examined And Have No Reservation To The Bidding Documents, Including Addenda, For The Road Opening Project, Brgy. Ilongbukid, Badiangan, Iloilo. (name Of Project) 1. We Offer To Execute The Works For This Contract In Accordance With The Bid And Bid Data Sheet, General And Special Conditions Of Contract, Specifications And Drawings Therein, Accompanying This Bid. The Total Price Of Our Bid For This Contract Based On The Unit Prices In The Said Bill Of Quantities, Excluding Any Discounts Offered In Item (d) Below Is: _______________( Amount In Words And Figures)________________________________. The Discounts Offered And The Methodology For Their Application For This Contract Are: None The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: (specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein And Reflected In The Detailed Estimates, 2. Our Bid Shall Be Valid For A Period Of 120 Days From The Date Fixed For The Bid Submission Deadline In Accordance With The Bidding Documents, And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period; 3. If Our Bid Is Accepted And We Receive From You A Notice Of Award, We Commit Within Ten (10) Days After Our Receipt Of The Said Notice To Submit The Required Performance Security In The Form Of _______________, Which Is Equivalent To _______percent Of The Contract Price For The Due Performance Of The Contract And Other Documents Prescribed In The Bidding Documents And To Sign The Contract Agreement. 4. We Are Not Participating, As Bidders, In More Than One Bid In This Bidding Process, Other Than Alternative Offers In Accordance With The Bidding Documents; 5. Our Firm, Its Facilities Or Subsidiaries, Including Any Subcontractors Or Suppliers For Any Part Of The Contract, Has Not Been Declared Ineligible By The Local Government Of Badiangan, Iloilo; 6. We Understand That This Bid, Together With Your Written Acceptance Thereof Through Your Notice Of Award, Shall Constitute A Binding Contract Between Us, Until A Formal Contract Agreement Is Prepared And Executed; And 7. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Other Bid That You May Receive. 8. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents 9. 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 Ensuring Contract. On The Latter's Behalf For The [name Of Project] [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 Ensuring Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity] 10. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices And Bill Of Quantities, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signature: Duly Authorized To Sign The Bid In Behalf Of: Date : Omnibus Sworn Statement Republic Of The Philippines ) Iloilo City ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [ Name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name & Address (d) Nature Of Work, (e) Contractor’s Role, (f) Total Contract Value, (g) Percentages Of Planned And Actual Accomplishments, And (h) Value Of Outstanding Works. The Statement Shall Be Supported By A Notice Of Award Or Notice To Proceed Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Government And Private Contracts Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include The Following: (a) Name/date Of The Contract; (b) Contract Duration, (c) Owner’s Name And Address (d) Nature Of Work, E) Contractor’s Role, And (f) Total Contract Value At Completion. The Statement Shall Be Supported By The Certificates Of Completion And Acceptance Issued By The Owner; Or Constructors Performance Evaluation System (cpes) Rating Sheets & Notice To Proceed Issued By The Owner. (latest) Financial Documents 4 The Prospective Bidder's Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid. (latest) Technical Documents 1 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. 2 Organizational Chart For The Project 3 4 List Of Contractor’s Personnel (ex., Project Manager, Project Engineers, Materials Engineers, And Foremen, To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Data List Of Contractor's Equipment Units, Which Are Owned, Leased And/ Or Under Purchase Agreements, Supported By Certification Of Availability Of Equipment From The Equipment Lessor/ Vendor During The Duration Of The Project. 5 Authority Of The Signatory 6 7 8 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Affidavit Of Site Inspection. Duly Signed Construction Safety And Health Program. Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid. Second Envelope Financial Documents 1 Duly Signed Form Of Bid 2 3 4 Duly Signed Bid Prices In The Bill Of Quantities Duly Signed Detailed Estimates Duly Signed Cash Flow By Month And Payment Schedule

Details: Combined Synopsis/solicitation Ht941025q2055 this Is A Combined Synopsis/solicitation For Commercial Items 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, In Conjunction With Far Part 13 Simplified Acquisition Procedures, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes (rfqs) Are Being Requested And A Separate Written Solicitation Will Not Be Issued. this Solicitation Document Incorporates Provisions And Clauses In Effect Through Federal Acquisition Circular (fac) 2025-03 Effective 1/17/2025 And Defense Federal Acquisition Regulation Supplement (dfars) Publication Notice (dpn) 1/17/2025, Effective 1/17/2025. competitive Quotes Are Being Requested Under Request For Quote (rfq) Number Ht941025q2055. The North American Industry Classification System (naics) Code Applicable To This Acquisition Is 811210, Equipment Maintenance Services, And The Size Standard Is 34.0 (millions Of Dollars). This Procurement Will Be Competed As Full And Open Competition. description Of Requirements naval Medical Center San Diego Is Requesting The Service Maintenance Of The Varian Linear Accelerator Located In The Radiology Department At Naval Medical Center San Diego, Ca 92134. see Performance Work Statement (attachment 1) For Further Details. defense Health Agency Contracting Activity (dhaca) Western Healthcare Operations Contracting Division (whco-cd) Requests Responses From Qualified Sources Capable Of Providing The Following Items Required: place Of Performance: naval Medical Center San Diego 34800 Bob Wilson Dr. San Diego, Ca. 92134 service Period: clin 0001- Varian Linear Accelerator Service Maintenance For Nmcsd base Period: 24 May 2025 – 23 May 2026 uom: Job Quoter Instructions the Government Intends To Award A Firm-fixed-price (ffp) Contract Resulting From This Rfq To The Responsible Quoter, Whose Quote Conforms To The Solicitation And Is The Most Advantageous (best Value) To The Government, Price And Other Factors Considered As Defined In The Evaluation Factors For Award Section Below. The Government Will Review The Quotes Received To Determine If They Are Compliant With The Rfq Requirements. A Compliant Quote Is One That Meets All Of The Terms, Conditions, And Specifications In The Rfq. The Quoter Must Provide All Documents Listed And Comply With All Rfq Instructions In Order For Their Quote To Be Considered “compliant” With This Rfq. Only Compliant Quotes Will Be Evaluated For Award. questions Due Date And Submission Requirements: All Questions Regarding The Rfq, Of A Contractual Or Technical Nature, Must Be Submitted Electronically By Email To Dernell.w.wade.civ@health.mil No Later Than 10:00 Am Pst On Thursday, 1 May 2025. Questions Submitted After The Specified Date And Time May Not Receive A Response. Questions, Along With The Government’s Responses, Will Be Posted As An Attachment To The Rfq. Please Be Advised That The Government Reserves The Right To Transmit Those Questions And Answers Of A Common Interest To All Prospective Quoters. rfq Due Date And Submission Requirements: This Rfq Closes On Tuesday, 6 May 2025 At 10:00 Am, Pacific Time. Quotes Must Be Emailed To The Contract Specialist Dernell.w.wade.civ@health.mil Use Rfq# Ht941025q2055 In The Subject Line Of The Email And Ensure There Is Receipt Confirmation From The Aforementioned Contract Specialist. quoters Are Instructed To Electronically Submit Their Technical And Past Performance Quotation In Separate Files, Formatted In Portable Document Format (pdf) With A .pdf File Extension As Follows: - Factor 1: Technical Capability: service ability To Meet The Statement Of Work Shall Be Demonstrated By The Offeror’s Submission Of A Document That Addresses How They Will Accomplish All Applicable Objectives, Tasks And Guidelines. The Quoter Shall Submit A Document, Not To Exceed Two (2) Pages, Demonstrating The Quoter’s Technical Capability To Perform The Required Services In Accordance With Attachment 1 (performance Work Statement). The Quoter Shall Specifically Address Their Technical Approach To Perform Each Element Identified Under Part 5.0 Specific Tasks Of The Pws. offerors Are Cautioned Against Restating Pws Requirements In Their Proposal, Particularly With Regard To Technical Requirements; And Must State How All Requirements Will Be Met. Statements Such As "the Offeror Understands" And "the Offeror Shall/can Comply", Along With Reference Or Industry References Does Not Reflect That The Offeror Understands The Requirements And Will Likely Result In A Diminished Evaluation Rating. - Factor 2: Past Performance: the Quoter Shall Use Attachment 2 (past Performance Questionnaire) To Provide Completed References For Two (2) Projects Where You Have Provided Recent And Relevant Performance Of The Same Or Similar Services Required In This Solicitation Within The Past Three (3) Years From The Date Of Issuance Of This Rfq. Past Performance Will Be Evaluated Based On Information From References Provided And From Authorized Government Past Performance Systems And Resources, Including The Contractor Performance Assessment Rating System (cpars). recent Is Defined As Services Performed Within The Past Three (3) Years From The Date Of Issuance Of This Rfq. Relevant Is Defined As Services The Same As Or Similar To The Services Specified In The Performance Work Statement (pws). Past Performance Information Not Meeting The Above Criteria Will Not Be Used For Evaluation. quoters Are Instructed To Electronically Submit Their Pricing Quotation In A Separate File, Formatted In Portable Document Format (pdf) With A .pdf File Extension And A Spreadsheet File With A .xlsx Extension: - Factor 3: Price: the Quoter Shall Use Attachment 3 (quote Sheet) To Submit A Firm-fixed-price For All Contract Line Item Numbers (clins) Identified. Attachment 3 (quote Sheet) Shall Be Completed And Signed, With Acknowledgment Of All Amendments To The Solicitation. No Attempt To Reformat Or Remove Cells Is Authorized. Submission Of Pricing Data Shall Be Complete And Accurate. Incomplete Pricing May Result In A Quoter’s Quotation Being Deemed Ineligible For Award. - Completed Provisions: quoters Shall Be Registered In The System For Award Management (sam) With The Appropriate Naics Code And Completed Representations And Certifications And Shall Not Have Any Active Exclusions Listed Within Sam. Additionally, The Quoter Shall Include One (1) Copy Of The Following Far Provision(s) Located Within This Rfq That Shall Be Completed And Included With The Quote: 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment additional Information Regarding The Sam Solicitation Module: in Order To Submit A Quote Through The (sam) Solicitation Module, You Must Be Registered As A Proposal Manager In The Dod Sam Suite Located At Https://sam.gov/. The Sam Solicitation Module Vendor Registration Guide Is Provided As An Attachment To The Rfq. the Sam Solicitation Module Is The Only Electronic Commerce Method Authorized For The Submission Of Quotes In Response To This Rfq. Submissions Outside Of The Sam Solicitation Module Will Not Be Considered. the Sam Solicitation Module Will Record The Date And Time Of Quote Submission. The Date And Time Of Quote Submission Recorded In The Sam Solicitation Module Shall Govern The Timeliness Of Any Quote Submission. the Maximum Allowable File Size For The Sam Solicitation Module Is 1.9gb. late Submissions May Not Be Considered. it Is A Quoter’s Responsibility, When Transmitting Its Quote Electronically, To Ensure The Quote’s Timely Delivery By Transmitting The Quote Sufficiently In Advance Of The Time Set For Receipt Of Quotes To Allow For Timely Receipt By The Government No Later Than The Date And Time Stated In This Rfq. Quoters Shall Allow Adequate Time To Upload Files, Which May Be Slower For Non-dod Users, And To Avoid Other Technical Difficulties That May Be Encountered. A Quoter Risks The Late Receipt And Rejection Of A Quote Where It Delays Transmitting Its Quote Until The Last Few Minutes Before The Time Set For Receipt Of Quotes. Quotes That Are Received After The Date And Time Stated In This Rfq Will Not Be Considered Except At The Discretion Of The Contracting Officer; The Contracting Officer Reserves Full Discretion To Accept Any Late Quotes At Any Time Prior To Award If It Serves The Best Interest Of The Government. quoters Are Responsible For Submitting Their Quote In The Format Specified, Consistent With Requirements Stated Elsewhere In This Rfq. Quoters Are Asked To Submit Only The Information Required. Files That Cannot Be Opened Or Are Otherwise Missing The Required Content Are The Responsibility Of The Quoters. Submissions That Do Not Adhere To Format And Content Requirements May Be Considered Non-compliant. The Government Reserves The Right To Eliminate Any Such Quotes From Consideration For Award. quotations Must Be Received No Later Than 10:00 Am Pst On Tuesday, 6 May 2025 (end Of Provision) 52.212-2 Evaluation—commercial Products And Commercial Services (nov 2021) (a) The Government Will Award A Contract Resulting From This Solicitation To The Responsible Quoter Whose Quote Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Quotes: (1) Technical Capability (2) Past Performance (3) Price technical Capability Will Be Rated On An Acceptable/unacceptable Basis, And Past Performance Will Be More Important Than Price. (b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s). (c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer’s Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. addendum To Far 52.212-2, Evaluation—commercial Products And Commercial Services the Following Is Inserted As New Paragraph (d) Of The Provision: (d) Evaluation Factors For Award contract Award Shall Be Made On A “past Performance Price Tradeoff” Basis. This Process Allows For A Tradeoff Between Past Performance And Price And Allows The Government To Accept Other Than The Lowest Priced Quote Or Other Than The Highest Rated Quote To Achieve A Best-value Contract Award. This May Result In An Award To A Higher-rated, Higher-priced Quote If The Government Determines That The Past Performance Of The Higher-priced Quote Outweighs The Price Difference. The Selection Process Is Subjective By Nature And Professional Judgment Is Implicit Throughout The Tradeoff Process. the Quoter’s Technical Capability Will Be Evaluated To Determine If It Is Acceptable Or Unacceptable In Accordance With The Evaluation Criteria Stated In This Rfq. If A Quoter’s Technical Capability Is Determined To Be Unacceptable, The Quoter Will No Longer Be Considered For Award. Award Will Be Made To The Quoter Providing A Quote That Is Deemed Most Advantageous To The Government, Whose Technical Capability Has Been Determined To Be “acceptable” And Trading Off Past Performance Against Price. Past Performance Is More Important Than Price. the Government Intends To Award Based On Initial Quotes. Notwithstanding This Intent, The Contracting Officer Reserves The Right To Conduct Exchanges If It Is Within The Best Interest Of The Government, A Matter Within Their Discretion. factor 1: Technical Capability: the Government Will Use The Following Ratings/descriptions In Table 1 When Evaluating Technical Capability: table 1. Technical Capability Ratings rating description acceptable quote Clearly Demonstrates The Quoter’s Technical Capability To Perform The Required Services In Accordance With The Performance Work Statement. unacceptable quote Does Not Clearly Demonstrate The Quoter’s Technical Capability To Perform The Required Services In Accordance With The Performance Work Statement. factor 2: Past Performance: the Government Will Evaluate Past Performance By Reviewing The Quoter’s Submitted Past Performance Information And Information From Other Sources That May Include, But Are Not Limited To, Government Personnel And Information Retrieved Through Cpars. the Past Performance Evaluation Will Result In An Integrated Assessment Of The Quoter’s Probability Of Successfully Performing The Rfq Requirements. The Past Performance Evaluation Considers Each Quoter’s Demonstrated Recent And Relevant Record Of Performance In Performing Services The Same As Or Similar To The Services Specified In The Pws. The Government Will Consider The Recency And Relevance Of The Information, The Source Of The Information, Context Of The Data, And General Trends In The Quoter’s Performance. The Past Performance Confidence Assessment Rating Is Based On The Quoter’s Overall Record Of Recency, Relevancy, And Quality Of Performance. These Are Combined To Establish One Performance Confidence Assessment Rating For Each Quoter. the Government Will Use The Following Relevancy Definitions In Table 2 When Determining Relevant Past Performance: table 2. Relevancy relevancy definition relevant past Performance Effort Involved Performance Of Services The Same As Or Similar To The Services Specified In The Pws not Relevant past Performance Effort Involved Little Or No Performance Of Services The Same As Or Similar To The Services Specified In The Pws. the Government Will Use The Following Ratings/descriptions In Table 3 When Evaluating Past Performance: table 3. Performance Confidence Assessment Ratings rating description substantial Confidence based On The Quoter’s Recent/relevant Performance Record, The Government Has A High Expectation That The Quoter Will Successfully Perform The Required Effort. satisfactory Confidence based On The Quoter’s Recent/relevant Performance Record, The Government Has A Reasonable Expectation That The Quoter Will Successfully Perform The Required Effort. neutral Confidence no Recent/relevant Performance Record Is Available Or The Quoter’s Performance Record Is So Sparse That No Meaningful Confidence Assessment Rating Can Be Reasonably Assigned. The Quoter May Not Be Evaluated Favorably Or Unfavorably On The Factor Of Past Performance. limited Confidence based On The Quoter’s Recent/relevant Performance Record, The Government Has A Low Expectation That The Quoter Will Successfully Perform The Required Effort. no Confidence based On The Quoter’s Recent/relevant Performance Record, The Government Has No Expectation That The Quoter Will Be Able To Successfully Perform The Required Effort. factor 3: Price: the Government Will Evaluate The Quoted Price For Price Reasonableness. The Following Price Analysis Techniques May Be Used To Ensure A Fair And Reasonable Price: - Comparison Of Quoted Prices Received In Response To The Solicitation. - Comparison Of Quoted Prices With The Independent Government Estimate. - Comparison Of Quoted Prices With Available Historical Information. the Quoted Price Will Be Evaluated For The Entire Effort, Inclusive Of All Options. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s). price Must Be Determined Fair And Reasonable In Order To Be Eligible For Award. A Price Is Reasonable If, In Its Nature And Amount, It Does Not Exceed That Which Would Be Incurred By A Prudent Person In The Conduct Of Competitive Business. A Price That Is Found To Be Unreasonably High May Be Indicative Of An Inherent Lack Of Understanding Of The Solicitation Requirements And May Result In The Overall Quote Not Being Considered For Award. applicable Provisions And Clauses the Current Version Of The Following Far, Dfars, And Dha Provisions (as Of The Date Of This Rfq) Incorporated By Reference, Apply To This Acquisition: 52.204-7, System For Award Management 52.204-9, Personal Identity Verification Of Contractor Personnel 52.204-13, System For Award Management Maintenance 52.204-16, Commercial And Government Entity Code Reporting 52.204-18, Commercial And Government Entity Code 52.204-19, Incorporation By Reference Of Representations And Certifications 52.204-21,basic Safeguarding Of Covered Contractor Information Systems 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment 52.204-26, Covered Telecommunications Equipment Or Services- Representation 52.209-2, Prohibition On Contracting With Inverted Domestic Corporations-representation 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations 52.212-1, Instructions To Offers-commercial Products And Commercial Services 52.212-3, Alternate 1, Offeror Representation And Certifications – Commercial Products And Commercial Services (the Offeror Need Not Fill Out And Include As An Attachment If Sam Database (www.sam.gov ) Is Updated) 52.212-4, Contract Terms And Conditions – Commercial Products And Commercial Services 52.217-5, Evaluation Of Options 52.219-1, Small Business Program Representations 52.222.41, Service Contract Labor Standards 52.222.42, Statement Of Equivalent Rates For Federal Hires 52.222.43, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (multi-year/options) 52.222-50, Combating Trafficking In Persons 52.223-2, Reporting Of Biobased Products Under Service And Construction Contracts 52.223-23, Sustainable Products And Services 52.232-39, Unenforceability Of Unauthorized Obligations 52.232-40, Providing Accelerated Payments To Small Business Subcontractors 52.245-1, Government Property 252.201-7000, Contracting Officer’s Representative 252.201-7000, Contracting Officer’s Representative 252.203-7000, Requirements Relating To Compensation Of Former Dod Officials 252.203-7002, Requirement To Inform Employees Of Whistleblower Rights 252.203-7005, Representation Relating To Compensation Of Former Dod Officials 252.204-7000, Disclosure Of Information 252.204-7003, Control Of Government Personnel Work Product 252.204-7004, Antiterrorism Awareness Training For Contractors 252.204-7008, Compliance With Safeguarding Covered Defense Information Controls 252.204-7012, Safeguarding Covered Defense Information And Cyber Incident Reporting 252.204-7015, Notice Of Authorized Disclosure Of Information For Litigation Support 252.204-7016, Covered Defense Telecommunications Equipment Or Services- Representation 252.204-7017, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services- Representation 252.204-7018, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Service 252.204-7019, Notice Of Nist Sp 800-171 Dod Assessment Requirements 252.204-7020, Nist Sp 800-171 Dod Assessment Requirements 252.204-7022, Expediting Contract Closeout 252.204-7024, Notice On The Use Of The Supplier Performance Risk System 252.211-7007, Reporting Of Government-furnished Property 252.223-7008, Prohibition Of Hexavalent Chromium 252.225-7048, Export-controlled Items 252.225-7055, Representation Regarding Persons That Have Business Operations With The Maduro Regime 252.225-7056, Prohibition Regarding Business Operations With The Maduro Regime 252.225-7059, Prohibition On Certain Procurements From The Xinjiang Uyghur Autonomous Region–certification 252.225-7060, Prohibition On Certain Procurements From The Xinjiang Uyghur Autonomous Region 252.232-7003, Electronic Submission Of Payment Requests And Receiving Reports 252.232-7006, Wide Area Workflow Payment Instructions 252.223-7008, Prohibition Of Hexavalent Chromium 252.232-7010, Levies On Contract Payments 252.232-7017, Accelerating Payments To Small Business Subcontractors- Prohibition On Fees And Consideration 252.244-7000, Subcontracts For Commercial Products Or Commercial Services 252.246-7008, Sources Of Electronic Parts 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—commercial Productsandcommercial Services(feb 2024) (a)the Contractorshallcomply With The Following Federalacquisitionregulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable Toacquisitionsofcommercial Productsandcommercial Services: (1)52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements(jan 2017)(section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (2)52.204-23, Prohibition Oncontractingfor Hardware, Software, And Services Developed Or Provided By Kaspersky Lab Covered Entities(dec 2023)(section 1634 Of Pub. L. 115-91). (3)52.204-25, Prohibition Oncontractingfor Certain Telecommunications And Video Surveillance Services Or Equipment.(nov 2021)(section 889(a)(1)(a) Of Pub. L. 115-232). (4)52.209-10, Prohibition Oncontractingwith Inverted Domestic Corporations(nov 2015). (5)52.232-40, Providing Accelerated Payments Tosmall Business Subcontractors(mar 2023)(31 U.s.c. 3903and10 U.s.c. 3801). (6)52.233-3, Protest After Award(aug 1996)(31u.s.c.3553). (7)52.233-4, Applicable Law For Breach Of Contractclaim(oct 2004)(public Laws 108-77 And 108-78 (19u.s.c.3805note)). (b)the Contractorshallcomply With The Far Clauses In This Paragraph (b) That Thecontracting Officerhas Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable Toacquisitionsofcommercial Productsandcommercial Services: [contracting Officercheck As Appropriate.] ☒(1)52.203-6, Restrictions On Subcontractor Sales To The Government(jun 2020),withalternatei(nov 2021)(41u.s.c.4704and10 U.s.c. 4655). __☐(2)52.203-13, Contractor Code Of Business Ethics And Conduct(nov 2021)(41u.s.c.3509)). __☐(3)52.203-15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009(jun 2010)(section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.) _☐_(4)52.203-17, Contractor Employee Whistleblower Rights(nov 2023)(41 U.s.c. 4712); This Clause Does Not Apply To Contracts Of Dod, Nasa, The Coast Guard, Or Applicable Elements Of The Intelligence Community—see Far3.900(a). _☒_(5)52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards(jun 2020)(pub. L. 109-282) (31u.s.c.6101note). __(6)[reserved]. __☐(7)52.204-14, Service Contract Reporting Requirements(oct 2016)(pub. L. 111-117, Section 743 Of Div. C). _☐_(8)52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts(oct 2016)(pub. L. 111-117, Section 743 Of Div. C). _☒_(9)52.204-27, Prohibition On A Bytedance Covered Application(jun 2023)(section 102 Of Division R Of Pub. L. 117-328). __☐(10)52.204-28, Federalacquisitionsupply Chain Security Act Orders—federal Supply Schedules, Governmentwideacquisitioncontracts, And Multi-agency Contracts.(dec 2023)(pub. L. 115–390, Title Ii). ☐(11) (i)52.204-30, Federalacquisitionsupply Chain Security Act Orders—prohibition.(dec 2023)(pub. L. 115–390, Title Ii). __(ii)alternatei(dec 2023)of 52.204–30. ☒(12)52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed Fordebarment.(nov 2021)(31u.s.c.6101note). ☐(13)52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters(oct 2018)(41u.s.c.2313). (14)[reserved]. __☐(15)52.219-3, Notice Ofhubzoneset-aside Or Sole-source Award (oct 2022) (15u.s.c.657a). __☐(16)52.219-4, Notice Of Price Evaluation Preference Forhubzonesmall Business Concerns (oct 2022) (if Theofferorelects To Waive The Preference, Itshallso Indicate In Itsoffer) (15u.s.c.657a). __(17)[reserved] ☐(18) (i)52.219-6, Notice Of Total Small Business Set-aside(nov 2020)(15u.s.c.644). __(ii)alternatei(mar 2020)of52.219-6. ☐(19) (i)52.219-7, Notice Of Partial Small Business Set-aside(nov 2020)(15u.s.c.644). __(ii)alternatei(mar 2020)of52.219-7. ☐(20)52.219-8, Utilization Of Small Business Concerns (feb 2024) (15u.s.c.637(d)(2)and (3)). ☐(21) (i)52.219-9, Small Business Subcontracting Plan (sep 2023) (15u.s.c.637(d)(4)). __(ii)alternatei(nov 2016)of52.219-9. __(iii)alternateii(nov 2016)of52.219-9. __(iv)alternateiii(jun 2020)of52.219-9. __(v)alternateiv (sep 2023) Of52.219-9. ☐(22) (i)52.219-13, Notice Of Set-aside Of Orders(mar 2020)(15u.s.c.644(r)). __(ii)alternatei(mar 2020)of52.219-13. ☐(23)52.219-14, Limitations On Subcontracting (oct 2022) (15u.s.c.637s). __☐(24)52.219-16, Liquidated Damages—subcontracting Plan(sep 2021)(15u.s.c.637(d)(4)(f)(i)). __☐(25)52.219-27, Notice Of Set-aside For, Or Sole-source Award To, Service-disabled Veteran-owned Small Business (sdvosb) Concerns Eligible Under The Sdvosb Program (feb 2024) (15u.s.c.657f). ☒(26) (i)52.219-28, Post Award Small Business Program Representation (feb 2024) (15u.s.c.632(a)(2)). __(ii)alternatei(mar 2020)of52.219-28. ☐(27)52.219-29, Notice Of Set-aside For, Or Sole-source Award To, Economically Disadvantagedwomen-owned Small Business Concerns(oct 2022) (15u.s.c.637(m)). ☐(28)52.219-30, Notice Of Set-aside For, Or Sole-source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (oct 2022) (15u.s.c.637(m)). ☐(29)52.219-32, Orders Issued Directly Under Small Business Reserves(mar 2020)(15u.s.c.644(r)). ☐(30)52.219-33, Nonmanufacturer Rule(sep 2021)(15u.s.c. 637(a)(17)). ☒(31)52.222-3, Convict Labor(jun 2003)(e.o.11755). ☐(32)52.222-19, Child Labor-cooperation With Authorities And Remedies(feb 2024). ☐(33)52.222-21, Prohibition Of Segregated Facilities(apr 2015). ☐(34) (i)52.222-26, Equal Opportunity(sep 2016)(e.o.11246). __(ii)alternatei(feb 1999)of52.222-26. ☒(35) (i)52.222-35, Equal Opportunity For Veterans(jun 2020)(38u.s.c.4212). __(ii)alternatei(jul 2014)of52.222-35. ☒(36) (i)52.222-36, Equal Opportunity For Workers With Disabilities(jun 2020)(29u.s.c.793). __(ii)alternatei(jul 2014)of52.222-36. ☒(37)52.222-37, Employment Reports On Veterans (jun 2020) (38u.s.c.4212). __(38)52.222-40, Notification Of Employee Rights Under The National Labor Relations Act(dec 2010)(e.o. 13496). ☒(39) (i)52.222-50, Combating Trafficking In Persons(nov 2021)(22u.s.c.chapter78and E.o. 13627). _ ☒ _(ii)alternatei(mar 2015)of52.222-50(22u.s.c.chapter78and E.o. 13627). ☐(40)52.222-54, Employment Eligibility Verification(may2022)(executive Order 12989). (not Applicable To Theacquisitionof Commercially Available Off-the-shelf Items Or Certain Other Types Ofcommercial Productsorcommercial Servicesas Prescribed In Far22.1803.) ☐(41) (i)52.223-9, Estimate Of Percentage Ofrecovered Materialcontent For Epa–designated Items (may2008) (42u.s.c.6962(c)(3)(a)(ii)). (not Applicable To Theacquisitionof Commercially Available Off-the-shelf Items.) _☐_(ii)alternatei(may2008)of52.223-9(42u.s.c.6962(i)(2)(c)). (not Applicable To Theacquisitionof Commercially Available Off-the-shelf Items.) ☐(42)52.223-11,ozone-depleting Substancesandhigh Global Warming Potential Hydrofluorocarbons(jun 2016) (e.o. 13693). ☐(43)52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners(jun 2016)(e.o. 13693). ☐(44) (i)52.223-13,acquisitionof Epeat®-registered Imaging Equipment(jun 2014)(e.o.s 13423 And 13514). __(ii)alternatei(oct 2015)of52.223-13. ☐(45) (i)52.223-14,acquisitionof Epeat®-registered Televisions(jun 2014)(e.o.s 13423 And 13514). __(ii)alternatei (jun2014) Of52.223-14. ☐(46)52.223-15, Energy Efficiency In Energy Consumingproducts(may2020)(42u.s.c.8259b). ☐(47) (i)52.223-16,acquisitionof Epeat®-registered Personal Computerproducts(oct 2015)(e.o.s 13423 And 13514). __(ii)alternatei(jun 2014)of52.223-16. ☒(48)52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving(jun 2020)(e.o. 13513). ☐(49)52.223-20, Aerosols(jun 2016)(e.o. 13693). ☐(50)52.223-21, Foams (jun2016) (e.o. 13693). ☐(51)(i)52.224-3privacy Training(jan 2017)(5 U.s.c. 552 A). __(ii)alternatei(jan 2017)of52.224-3. ☐(52) (i)52.225-1, Buy American-supplies(oct 2022)(41u.s.c.chapter83). __(ii)alternatei(oct 2022)of52.225-1. ☐(53)(i)52.225-3, Buy American-free Trade Agreements-israeli Trade Act(nov 2023)(19 U.s.c. 3301 Note,19 U.s.c. 2112 Note,19 U.s.c. 3805 Note,19 U.s.c. 4001 Note, 19 U.s.c. Chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43. __(ii)alternatei [reserved]. __(iii)alternateii(dec2022)of52.225-3. __(iv)alternateiii(feb 2024)of52.225-3. __(v)alternateiv (oct 2022) Of52.225-3. ☐(54)52.225-5, Trade Agreements(nov 2023)(19u.s.c.2501,et Seq.,19u.s.c.3301note). ☒(55)52.225-13, Restrictions On Certain Foreign Purchases(feb 2021)(e.o.’s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). ☐(56)52.225-26, Contractors Performing Private Security Functions Outside Theunited States(oct 2016) (section 862, As Amended, Of Thenational Defenseauthorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). ☐(57)52.226-4, Notice Of Disaster Oremergencyarea Set-aside (nov 2007) (42u.s.c.5150). ☐(58)52.226-5, Restrictions On Subcontracting Outside Disaster Oremergencyarea (nov2007) (42u.s.c.5150). ☐(59)52.229-12, Tax On Certain Foreignprocurements(feb 2021). ☐(60)52.232-29, Terms For Financing Of Purchases Ofcommercial Productsandcommercial Services(nov 2021)(41u.s.c.4505,10 U.s.c. 3805). ☐(61)52.232-30, Installment Payments Forcommercial Productsandcommercial Services(nov 2021)(41u.s.c.4505,10 U.s.c. 3805). ☒(62)52.232-33, Payment Byelectronic Funds Transfer-system For Award Management(oct2018)(31u.s.c.3332). ☐(63)52.232-34, Payment Byelectronic Funds Transfer-other Thansystem For Award Management(jul 2013) (31u.s.c.3332). ☐(64)52.232-36, Payment By Third Party(may2014)(31u.s.c.3332). ☐(65)52.239-1, Privacy Or Security Safeguards(aug 1996)(5u.s.c.552a). ☐(66)52.242-5, Payments Tosmall Business Subcontractors(jan 2017)(15u.s.c.637(d)(13)). ☐(67)(i)52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels(nov 2021)(46 U.s.c. 55305and10u.s.c.2631). __(ii)alternatei(apr 2003)of52.247-64. __(iii)alternateii(nov 2021)of52.247-64. (c)the Contractorshallcomply With The Far Clauses In This Paragraph (c), Applicable Tocommercial Services, That Thecontracting Officerhas Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable Toacquisitionsofcommercial Productsandcommercial Services: [contracting Officercheck As Appropriate.] ☐(1)52.222-41, Service Contract Labor Standards(aug 2018)(41u.s.c.chapter67). ☐(2)52.222-42, Statement Of Equivalent Rates For Federal Hires(may2014)(29u.s.c.206and41u.s.c.chapter67). ☐(3)52.222-43, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (multiple Year Andoptioncontracts)(aug 2018)(29u.s.c.206and41u.s.c.chapter67). ☐(4)52.222-44, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (may2014) (29u.s.c.206and41u.s.c.chapter67). ☐(5)52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may2014) (41u.s.c.chapter67). ☐(6)52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements(may2014)(41u.s.c.chapter67). ☐(7)52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026(jan 2022). ☐(8)52.222-62, Paid Sick Leave Under Executive Order 13706(jan 2022)(e.o. 13706). ☐(9)52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) (42u.s.c.1792). (d)comptroller General Examination Of Record. The Contractorshallcomply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of Thesimplified Acquisition Threshold, As Defined In Far2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At52.215-2, Audit And Records-negotiation. (1)the Comptroller General Of Theunited States, Or An Authorized Representative Of The Comptroller General,shallhave Access To And Right To Examine Any Of The Contractor’s Directly Pertinent Records Involving Transactions Related To This Contract. (2)the Contractorshallmake 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 Subpart4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminatedshallbe 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 Ofclaimsarising Under Or Relating To This Contractshallbe Made Available Until Such Appeals, Litigation, Orclaimsare 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 Forcommercial Productsor Commercial Services. Unless Otherwise Indicated Below, The Extent Of The Flow Downshallbe As Required By The Clause- (i)52.203-13, Contractor Code Of Business Ethics And Conduct(nov 2021)(41u.s.c.3509). (ii)52.203-17, Contractor Employee Whistleblower Rights(nov 2023)(41 U.s.c. 4712). (iii)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)). (iv)52.204-23, Prohibition Oncontractingfor Hardware, Software, And Services Developed Or Provided By Kaspersky Lab Covered Entities(dec 2023)(section 1634 Of Pub. L. 115-91). (v)52.204-25, Prohibition Oncontractingfor Certain Telecommunications And Video Surveillance Services Or Equipment.(nov 2021)(section 889(a)(1)(a) Of Pub. L. 115-232). (vi)52.204-27, Prohibition On A Bytedance Covered Application(jun 2023)(section 102 Of Division R Of Pub. L. 117-328). (vii) (a)52.204–30, Federalacquisitionsupply Chain Security Act Orders—prohibition.(dec 2023)(pub. L. 115–390, Title Ii). (b)alternatei(dec 2023)of 52.204–30. (viii)52.219-8, Utilization Of Small Business Concerns(feb 2024)(15u.s.c.637(d)(2)and (3)), In All Subcontracts Thatofferfurther Subcontracting Opportunities. If The Subcontract (except Subcontracts To Small Business Concerns) Exceeds The Applicable Threshold Specified In Far19.702(a) On The Date Of Subcontract Award, The Subcontractormustinclude52.219-8in Lower Tier Subcontracts Thatoffersubcontracting Opportunities. (ix)52.222-21, Prohibition Of Segregated Facilities(apr 2015). (x)52.222-26, Equal Opportunity(sep 2015)(e.o.11246). (xi)52.222-35, Equal Opportunity For Veterans(jun 2020)(38u.s.c.4212). (xii)52.222-36, Equal Opportunity For Workers With Disabilities(jun 2020)(29u.s.c.793). (xiii)52.222-37, Employment Reports On Veterans(jun 2020)(38u.s.c.4212). (xiv)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 Clause52.222-40. (xv)52.222-41, Service Contract Labor Standards(aug 2018)(41u.s.c.chapter67). (xvi) (a)52.222-50, Combating Trafficking In Persons(nov 2021)(22u.s.c.chapter78and E.o 13627). (b)alternatei(mar 2015)of52.222-50(22u.s.c.chapter78ande.o.13627). (xvii)52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may2014) (41u.s.c.chapter67). (xviii)52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements(may2014)(41u.s.c.chapter67). (xix)52.222-54, Employment Eligibility Verification(may2022)(e.o. 12989). (xx)52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026(jan 2022). (xxi)52.222-62, Paid Sick Leave Under Executive Order 13706(jan 2022)(e.o. 13706). (xxii) (a)52.224-3, Privacy Training (jan 2017) (5u.s.c.552a). (b)alternatei(jan 2017)of52.224-3. (xxiii)52.225-26, Contractors Performing Private Security Functions Outside Theunited States(oct 2016)(section 862, As Amended, Of Thenational Defenseauthorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). (xxiv)52.226-6, Promoting Excess Food Donation To Nonprofit Organizations(jun 2020)(42u.s.c.1792). Flow Down Required In Accordance With Paragraph (e) Of Far Clause52.226-6. (xxv)52.232-40, Providing Accelerated Payments Tosmall Business Subcontractors(mar 2023) (31 U.s.c. 3903and10 U.s.c. 3801). Flow Down Required In Accordance With Paragraph (c) Of52.232-40. (xxvi)52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels(nov 2021)(46 U.s.c. 55305and10u.s.c.2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause52.247-64. (2)while Not Required, The Contractormayinclude In Its Subcontracts Forcommercial Productsandcommercial Servicesa Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. (end Of Clause) 52.252-1 Solicitation Provisions Incorporated By Reference this Solicitation Incorporates One Or More Solicitation Provisions By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. The Offeror Is Cautioned That The Listed Provisions May Include Blocks That Must Be Completed By The Offeror And Submitted With Its Quotation Or Offer. In Lieu Of Submitting The Full Text Of Those Provisions, The Offeror May Identify The Provision By Paragraph Identifier And Provide The Appropriate Information With Its Quotation Or Offer. Also, The Full Text Of A Solicitation Provision May Be Accessed Electronically At This/these Address(es): https://www.acquisition.gov/browse/index/far (far Provisions And Deviations) And Https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (dfars Provisions) (end Of Provision) 52.252-2, Clauses Incorporated By Reference 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): the Far Provisions, Clauses And Deviations Can Be Accessed In Full Text At https://www.acquisition.gov/browse/index/far (far Clauses And Deviations) And https://www.acquisition.gov/dfars (dfars Clauses). (end Of Clause) 52.252-5 Authorized Deviations In Provisions (nov 2020) (a) The Use In This Solicitation Of Any Federal Acquisition Regulation (48 Cfr Chapter 1) Provision With An Authorized Deviation Is Indicated By The Addition Of “(deviation)” After The Date Of The Provision. (b) The Use In This Solicitation Of Any Defense Federal Acquisition Regulation Supplement (48 Cfr Chapter 2) Provision With An Authorized Deviation Is Indicated By The Addition Of “(deviation)” After The Name Of The Regulation. (end Of Provision) pd 03-03 Rev 000 - Improper Business Practices & Personal Conflicts Of Interest – Enclosure 1 instructions, Conditions, And Notices To Offerors l.[x] Improper Business Practices And Personal Conflicts Of Interest l.[x].1 The Offeror’s Attention Is Directed To Far, Part 3 And Dfars, Part 203, “improper Business Practices And Personal Consultant Conflicts Of Interest.” l.[x].2 252.203-7005 Representation Relating To Compensation Of Former Dod Officials (nov 2011) (a) Definition. “covered Dod Official” Is Defined In The Clause At 252.203-7000, Requirements Relating To Compensation Of Former Dod Officials. (b) By Submission Of This Offer, The Offeror Represents, To The Best Of Its Knowledge And Belief, That All Covered Dod Officials Employed By Or Otherwise Receiving Compensation From The Offeror, And Who Are Expected To Undertake Activities On Behalf Of The Offeror For Any Resulting Contract, Are Presently In Compliance With All Post-employment Restrictions Covered By 18 U.s.c. 207, 41 U.s.c. 2101-2107, And 5 Cfr Parts 2637 And 2641, Including Federal Acquisition Regulation 3.104-2. (end Of Provision) l.[x].3 Use Of Former Dod/defense Health Agency (dha) Employees And Uniformed service Members In Proposal Preparation. The Involvement Of A Former Dod/dha Employee/member In An Offeror’s Proposal Preparation May Give Rise To An Unfair Competitive Advantage Or The Appearance Thereof, If The Former Dod/dha Employee/ Member Acquired Non-public, Competitively Useful Information In His Or Her Former Position. Such Knowledge Could Include Proprietary Information Of Competitor’s Performance On Past Or Current Contracts With Similar Requirements Or Source Selection Sensitive Information Pertaining To This Procurement. Consequently, The Offeror Must Notify The Contracting Officer Prior To The Involvement In The Proposal Preparation By A Former Dod/dha Employee/member Reasonably Expected To Have Had Access To Such Information. Based On The Notification, The Contracting Officer Will Make A Determination Whether Involvement Of The Former Dod/dha Employee/member In Proposal Preparation Could Create An Unfair Competitive Advantage Or Appearance Thereof. The Contracting Officer Will Further Determine Whether Any Mitigation Measures Taken Or Proposed By The Offeror Are Adequate To Alleviate This Concern Or Whether The Offeror Will Be Disqualified From The Competition. Failure To Comply With These Procedures May Result In The Offeror’s Disqualification For Award. (end Of Provision) rfq Attachments performance Work Statement (pws) past Performance Questionnaire (ppq)

Details: This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format In Far Subpart 12.6, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes Are Being Requested And A Written Solicitation Will Not Be Issued. This Solicitation 36c25925q0227 Is Issued As A Request For Quote (rfq). This Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Fy25.03a 12/27/2024, Fac 2025-02 01/03/2025. No Telephone Requests Will Be Accepted. Only Written Requests Received Directly From The Offeror Are Acceptable. The Associated North American Industry Classification System (naics) Code For This Procurement Is 811210, With A Small Business Size Standard Of $34 Million. this Solicitation Is 100% Set-aside For Service-disabled Veteran-owned Small Businesses (sdvosbs). If Offeror Is A Gsa Schedule Holder, All Information Requested In This Notice Must Be Provided, Not Just The Offeror S Schedule Number. the Following Is A List Of The Contract Line-item Numbers, Quantities And Units Of Measure. clin description qty unit unit cost total Cost 0001 base Yr: 03/03/2025 - 03/02/2026 intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper 1 year $__________ $__________ 0002 oy1: 03/03/2026 - 03/02/2027 intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper 1 year $__________ $__________ 0003 oy2: 03/03/2027 - 03/02/2028 intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper 1 year $__________ $__________ 0004 oy3: 03/03/2028 - 03/02/2029 intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper 1 year $__________ $__________ 0005 oy4: 03/03/2029 - 03/02/2030 intellispace Essential Software Maint & Hardware Support - Cardiology Hemo Xper 1 year $__________ $__________ total Cost All Clins: $___________________ statement Of Work (sow) preventive Maintenance And Repair On xper Software Maintenance department Of Veterans Affairs (va) veterans Health Administration (vha) purpose: veterans Affairs Requires A Contractor To Provide Software Maintenance With Hardware Support For Cardiology Intellispace Systems At The Oklahoma Va Health Care System. Services Are To Be Performed In Accordance With This Sow And To Oem Standards, With The Intent Of Ensuring The Equipment Operates As The Original Manufacturer Intended, Uninterrupted (95% Uptime), In A Cost-effective, Efficient Manner, Contributing To The Va Mission. services Are Required On The Government-owned Systems Listed In This Sow For The Period Of Performance And At The Location Outlined In This Sow. this Contract Will Be A Non-personal Services Contract. The Contractor, Its Employees, Agents And Subcontractors Shall Not Be Considered Government Employees For Any Purpose. Contractor Shall Furnish All Labor, Materials, Parts, Equipment, Tools, Transportation, And Supervision To Provide Services In Accordance With This Performance Work Statement (sow). the C&a Requirements Do Not Apply, And A Security Accreditation Package Is Not Required. period Of Performance: Refer To The Price/schedule Page Of This Document location Of Performance: Refer To Page 1 Of This Document background: equipment: The Following Systems Of Equipment Will Require Services Under This Contract. This Includes Sub-systems, Components, Software, Hardware, And Parts. equipment description brand & Model original Equipment Manufacturer (oem) serial Number va pmi Number cardiology Software intellispace Hemo Xper Software philips - - summary Of Requirements contractor Shall Provide Oem-trained Technicians To Perform Oem-standard Services On Equipment In This Sow. Services On The Equipment Include Maintenance Support, Corrective Maintenance Repair, 24x7 Emergency Phone Support, Provision Of Parts, And Service And Modification As Required Due To Safety Or Reliability. All Oem Software Updates Shall Be Included. tasks And Requirements performance And Repairs: All Work Performed Shall Be In Accordance With Manufacturer S Specifications To Keep The Equipment In Operating Condition. Contractor Must Guarantee 95% Up Time For The Equipment. Contractor Shall Guarantee That All Equipment Covered By This Contract Shall Be In Optimum Working Condition At The Completion Of Each Contracted Period Of Performance. Contractor Will Make Every Attempt To Maintain And Repair Equipment On-site Within A Reasonable Time, Unless Local Environment Prohibits On-site Attendance. Failing This, Contractor Will Provide Substitute Equipment In The Event A Repair Continues Beyond The Reasonable Time Frame. a Reasonable Time Frame Ensures The Va Mission Continues Uninterrupted With No Loss, Damage Or Suffering To Va Patients And Resources. preventive Maintenance: Contractor Shall Provide Periodic Preventive Maintenance Service On Equipment Within The Interval(s) Set By The Oem (ie, Annual, Semi-annual, Quarterly), In Scheduled Month Of Each Contracted Period Of Performance, Including All Work Between Standard Business Hours, Weekend Hours, And Non-standard Hours, And Arranged Through The Cor. The Contractor Shall Work With The Cor, Surgery Service And Sterile Processing Service To Not Disrupt Patient Care By Scheduling Pm Visits In Advance. The Visits Will Include Equipment Verification By An Oem-trained Technician. Before The Expiration Of Each Period Of Performance, The Contractor Shall Provide The Cor With A Report Certifying The Equipment Listed In This Sow Has Been Calibrated To O.e.m. Standards Not Less Than Oem Recommended Interval(s) During The Contract Period. All Parts Shall Be O.e.m. Standard Or Certified. service Call: Unscheduled Service Should Be Conducted At No Additional Cost During Standard Business Hours, Monday Through Friday, 8:00 Am 5:00 Pm. Non-emergency Service (machine Still Able To Run With No Increased Patient Risk) Should Be Available, With A Technician Onsite At Location, Within 48 Hours Notice From The Cor. If Support Call For Repair Service Is Deemed Mission-critical, Contractor Will Be On-site Performing Corrective Action Response To Service Calls Within 24 Hours Of Notice From Cor, Barring Special Circumstances. 24 Hour Service Call Center Support Should Be Available To Schedule Corrective Service Calls. technical Phone Support Shall Be Available Weekdays From 7:00 Am 7:00 Pm At No Additional Charge. software Updates: Contractor Shall Provide Any Software Updates, As They Become Available, For All Equipment, At No Additional Cost. All Software Changes Made Become The Property Of The Va. help Desk Support: Contractor Shall Provide Emergency Telephone Support During Standard Business Hours, As A Minimum At No Additional Charge, With Phone Calls Returned No Later Than 2 Hours After A Voice Message Has Been Left By The Cor. modifications: If Contractor Or External Hazard Assessment/notification By The Fda, Ncps, Or Ceosh Determines That A Modification Is Necessary To Address Safety Concerns Or Reliability, Installation And Modification Will Be Performed At No Additional Charge. parts: As Part Of The Oem-standard Of Service Required On This Contract, Contractor Must Provide Unique And/or High Mortality Replacement Parts. All Parts Will Be O.e.m. Recommended Parts. Contractor Must Provide Repair Services On Batteries And Handpieces, At No Additional Cost To The Government. This Includes Provision Of Replacement/loaner Parts And Shipment Costs, Such As Loaner Handpieces. To Maintain Continuity Of Patient Care, Contractor Must Ship Replacement/loaner Handpieces Overnight To The Va Within 48 Hours Of Receipt Of Notice By The Va That A Hand Piece Needs To Be Repaired Due To Normal Wear And Tear. Once The Loaner Is Received By The Va, The Va Will Ship The Government-owned Hand Piece To The Contractor. if The Government-owned Hand Piece Is Not Able To Be Repaired The Contractor Must Return The Broken Handpiece To The Va With Written Notification Of What Prevented The Repair And The Issues Causing The Part Not To Function The Way The Oem Intended. if Any Contractor Personnel Performing Service On Site At The Va Brings Parts, Devices, Or Equipment That Have Serial Numbers And Will Be Used In Patient Care, These Items Must Be Checked In Upon Entry And Checked Out Upon Exiting The Va With Both Logistics And Biomed Departments. shipment: Contractor Shall Be Responsible For Shipment Of Repair Parts And Substitute Equipment At No Expense To The Government, With Fob Destination Terms Applicable In These Circumstances, And In Favor Of The Va Medical Center At This Location. All Shipments, Labels, Invoices And Correspondence Related To This Contract Must Include The Contract Number And Marked Attn: Cor/local Va Poc [insert Individual Name] . Contractor Must Email The Local Va Poc Or Cor With Carrier And Tracking Information In Advance Of All Shipment Of Parts And Equipment So The Va May Be Prepared To Receive The Items And Track Them To Avoid Loss. government Furnished Equipment / Property (gfe / Gfp) government Property Is Any Real Property At The Vamc Accessed By The Contractor In The Performance Of Services In Accordance With The Sow. condition Of Equipment the Contractor Shall Accept Responsibility For The Equipment In "as Is" Condition. Failure To Inspect The Equipment Prior To Contract Award Shall Not Relieve The Contractor From Performance Of The Requirements Of This Contract. storage storage For Contractor Equipment Is Not Provided At The Vamc. The Contractor Is Responsible For The Security Of Its Equipment. The Government Is Not Responsible For The Security Of Contractor Equipment. contractor Furnished Equipment / Property (cfe / Cfp) service Manuals/tools/equipment the Vamc Shall Not Provide Tools, (test) Equipment, Service Manuals Or Service Diagnostic Software To The Contractor. The Contractor Shall Obtain, Have On File, And Make Available To Its Fse's All Operational And Technical Documentation (such As; Operational And Service Manuals, Schematics, And Parts List) Which Are Necessary To Meet The Performance Requirements Of This Contract. The Location And Listing Of The Service Data Manuals, By Name And/or The Manuals Themselves Shall Be Provided To The Co Upon Request. quality conformance Standards contractor Shall Ensure That Their Services, Staff And Equipment Used In The Performance Of This Contract Conform And Comply With The Latest Industry Service Standards, Information, Guidance, Regulations And Publications Of The Following: aami-ansi St-79:2010 Part 7.7 Standards (servicing And Repairs Of Devices In The Health Care Facility). This Can Be Obtained At Http://www.aami.org/publications/standards/st79.html iahcsmm - International Association Of Healthcare Central Service Materiel Management us Fda Us Food And Drug Administration cdc Centers For Disease Control And Prevention cdrh Center For Devices And Radiological Health iso (as A Minimum: Iso 9001:2008 Certification And Iso 13485:2003 Certification (medical Devices)) asq American Society For Quality ul Underwriters Laboratories osha Occupational Safety And Health Administration safety the Contractor Must Perform Services In Accordance With: local, State And Federal Occupational Safety And Health Guidelines And Legislation, To Include Occupational Safety And Health Administration (osha), The American National Standards Institute (ansi) Safety Guidelines, And Any Va Medical Center Directives; local, State And Federal Fire And Safety Legislation And Guidelines, To Include Va Medical Center Directives And Legislation On Fire And Safety; all Other Conformance Standards Identified In This Sow medical Center Policies each Va Medical Center Has Policies That Are Updated From Time To Time. The Cor Can Provide More Detailed Information To The Contractor Of These Upon Commencement Of The Contract And Throughout The Term Of The Contract, As Needed, Especially Policies Regarding, Parking, Possession Of Weapons, Cell Phone Use And Photography As Well As Smoking On Va Property. Violations Of Such Policies May Result In Individual Fines Or Citation Answerable In The United States (federal) District Court. remedy Or Rework rework Or Remedy Is Defined As Performing The Service Again Until The Purpose Of This Sow Is Achieved In Full. This Involves Less Than Satisfactory Service By The Contractor And As Noted By The Cor. rework Or Remedy Must Occur Within 3 Business Days Of The Notice Of The Rework Or Remedy Requirement From The Cor And At No Additional Cost To The Government. inspection And Acceptance Of Services: The Government Reserves The Right To Inspect And Test Services In Accordance With This Sow And The Contract. The Only Individual Authorized To Officially Accept Services Is The Cor. While Inspection Of Services May Be Delegated By The Cor And A Shared Responsibility With Departmental Management Staff, The Cor Is Ultimately The Only Authorized Individual To Approve And Accept Services On Behalf Of The Va. deliverables (refer Also To Technical Qualification And Contact Points For Additional Deliverables) service Report (sr) contractor Is Responsible For Providing Service Reports For Every Service. A Service Report Is Required For All: outgoing Serviced Equipment With An Inventory Of All Equipment Collected By The Contractor, And incoming Serviced Equipment With An Inventory Of All Equipment Completely Serviced And Delivered By The Contractor And With The Service Report Provided To The Cor At The Time Of Delivery Of Serviced Equipment. such Documentation Shall Meet The Guidelines As Set Forth In The Conformance Standards. in Addition, Each Service Report Shall, At A Minimum, Document The Following Data Legibly And In Complete Detail: name Of Contractor And Contract Number. name Of Field Technician Who Performed Services. contractor S Service Report Number/log Number. date And Time (arrival And Departure) Of Field Technician On-site At Va Collecting And Delivering Equipment va Purchase Order Number description Of Problem Reported By Cor. details Of Equipment Serviced: equipment Set Numbers device Name, Instrument Type serial Number any Other Manufacturer's Identification Numbers. pmr And Service Description total Itemized Cost Of All Parts And/or Services Provided signatures: field Technician Performing Services Described. cor Acceptance Signature invoices: The Contractor Must Include The Service Report Number On The Associated Invoice. service Reports (engineers Service Report (esr) Or Service Report) when The Service Is Completed, The Field Technician Shall Document Services Rendered On A Legible Service Report(s). During Check In/check Out Procedures With The Cor, The Field Technician Must Provide The Cor With The Service Report(s) For That Service Visit. Esr Can Be Submitted Electronically To The Cor, Not Exceeding 5mb In Size, Following Service Completion Yet Before The Technician Departs The Location To Ensure The Cor Has An Opportunity To Review And Provide An Acceptance Signature. All Service Reports Shall Be Submitted To The Cor For An "acceptance Signature". If The Cor Is Unavailable, A Signed Copy Of The Service Report Shall Be Sent To The Contractor After The Work Can Be Reviewed (if Requested Or Noted On The Service Report). the Contractor Shall Immediately, But No Later Than 24 (twenty-four) Consecutive Hours After Discovery, Notify The Cor (in Writing) Of The Existence Or The Development Of Any Defects In The Equipment Submitted For Service Which The Contractor Considers He/she Is Not Responsible For Under The Terms Of The Contract And Where Replacement Is Recommended. technical Qualifications And Personnel Standards calibration Of Vendor S Equipment: Contractor Must Provide The Cor With Certification Attesting That All Gauging And Measurement Equipment Used To Check And Calibrate The Subject Items Of Equipment Has Been Calibrated Either According To The Manufacturer S Specifications Or Within The Last Twelve Months Against A Standard That Is Traceable To The National Bureau Of Standards. contractor Must Provide The Cor And Contracting Office With Such Documentation, As A Minimum: within 5 Business Days Of Contract Award, within 5 Business Days After Renewal Or Extension Of Services In Accordance With, And If Permitted By Applicable Far Clause, And In Advance Of Commencing Services On Equipment Identified In This Sow. qualifications Of Contractor Oem-trained Technicians: Contractor Shall Document, In Writing, Their Experience In Working On The Identical Make And Model Equipment Listed In This Sow As Well As The Qualifications Of Individuals Who Will Work On The Equipment. Where The Sow Requires Oem-trained Technicians, Demonstration Of This Will Also Be Required In The Documentation. contractor Must Provide The Cor And Contracting Office With Such Documentation, As A Minimum: within 5 Business Days Of Contract Award, within 5 Business Days After Renewal Or Extension Of Services In Accordance With, And If Permitted By Applicable Far Clause, And immediately, When Previously Assigned Oem-trained Technicians Have Been Replaced, And In Advance Of Commencing Services On Equipment Identified In This Sow. the Contractor Shall Have Sufficient Staff To Satisfactorily Support This Contract, Including The Sow And Its Purpose. Contractor Staff Providing Services On This Contract Must Include A "fully Qualified" Filed Service Engineer (fse) And A "fully Qualified" Fse Who Shall Serve As The Backup. "fully Qualified" Is Based Upon Training And On Experience In The Field. For Training, The Fse(s) Has Successfully Completed A Formalized Training Program, For The Equipment. For Field Experience, The Fse(s) Has A Minimum Of Two Years Of Experience (except For Equipment Newly On The Market) With Respect To Scheduled And Unscheduled Preventive And Remedial Maintenance Of The Equipment In This Contract the Fses Shall Be Authorized By The Contractor To Perform The Maintenance Services. All Work Shall Be Performed By "fully Qualified" Competent Fses. The Contractor Shall Provide Written Assurance Of The Competency Of Their Personnel And A List Of Credentials Of Approved Fses For Each Make And Model The Contractor Services At The Vamc. The Co May Authenticate The Training Requirements, Request Training Certificates Or Credentials From The Contractor At Any Time For Any Personnel Who Are Servicing Or Installing Any Vamc Equipment. The Co And/or Cor Specifically Reserve The Right To Reject Any Of The Contractor's Personnel And Refuse Them Permission To Work On The Vamc Equipment. if Subcontractor(s) Are Used, They Shall Be Approved By The Co Prior To Commencement Of Services. The Contractor Shall Submit Any Proposed Change In Subcontractor(s) To The Co For Approval/disapproval. contractor Employee S On-site At Location: At All Times During Performance Of Services, In Accordance With This Sow, The Contractor Must Ensure Contractor Personnel: be Able To Function Professionally Amongst The General Public In A Hospital And Health Care Environment. Where Possible, A Warm-natured And Humane Approach Is Preferred. be Able To Read, Understand And Apply Printed Rules, Detailed Orders, And Instructions be Familiar With And Compliant With This Sow And Contractual Requirements. be Displaying Va Identification Badges And Contractor-issued Name Tags, Clearly Visible To The General Public be Directly And Personally Escorted By The Contractor S On-site Supervisor When Contractor Personnel Are Not Displaying Va Identification Badges And Contractor-issued Name Tags maintain A Neat, Clean, Professional Appearance be Properly Attired In Contractor-issued Uniforms Which Clearly Display Contractor Branding, Keeping In Accordance With Vha Dress Policies. compliant With Va Safety And Osha Regulations Throughout The Va Medical Center, As Well As Va Medical Center Policies. compliant With Parking Requirements At The Vamc And Park Only In The Designated Parking Areas As Assigned By The Cor. maintain Decorum At All Times. During The Performance Of Services Care And Consideration Must Be Given To Va Visitors And Staff. All Services Must Be Performed With Minimal Disturbance Or Hindrance To Va Medical Center Visitors And Staff, Specifically Maintaining The Requirements Identified In The Overview Of This Sow. contractor Shall Not Be Considered Government Employees For Any Purpose. Security Procedures And Operating Hours check In/out Procedures prior To Commencement Of Services, And When Visiting The Va Medical Center, The Contractor Or Contractor S Authorized Field Technician, Must Check In And Out With The Biomed Administrative Officer Located In The Basement At The Va Location, Room Be-100. Only Individual Va Biomedical Management Staff, As Delegated By The Cor, Can Coordinate Check In And Check Out Procedures For The Contractor In The Absence Of The Cor. Due To Heightened Security Requirements, The Contractor Or Their Authorized Service Representative Will Be Required To Wear An Id Badge Which Will Be Signed For Upon Arrival And Turned In When Leaving. All Badges Must Be Worn At Or Above The Waist And Facing Forward. This Badge Must Be Turned In Before Leaving The Premises; Otherwise The Person Signing For It Will Be Required To Pay For The Unreturned Id Badge. standard Business Hours And Federal Holidays: Contract Performance Shall Occur During Standard Business Hours Unless Approved And Arranged Through The Cor. Standard Hospital Hours Are 8 Am To 5 Pm. Contractor Must Coordinate All Services With The Cor. the Federal Government Observes The Following Days As Holidays. new Year S Day january 1st * martin Luther King S Birthday third Monday In January presidents Day third Monday In February memorial Day last Monday In May juneteenth june 19th * independence Day july 4th * labor Day first Monday In September columbus Day second Monday In October veterans Day november 11th * thanksgiving Day fourth Thursday In November christmas Day december 25th * *holidays That Fall On Saturday Are Observed On The Preceding Friday. Holidays That Fall On Sunday Are Observed On The Following Monday. in Addition To The Days Designated As Holidays, The Government Observes The Following Days: any Other Day Designated By Federal Statute any Other Day Designated By Executive Order any Other Day Designated By The President Of The United States To Be A Federal Holiday contractor Holidays Not Included In The Table Of Government Holidays Or Other Observation Days Listed Above Shall Not Be Considered Official Holidays And Shall Be Included In The Contract Performance As Standard Business Days For The Purposes Of Repairs And Maintenance. contact Points contractor Point Of Contact (poc) the Contractor Shall Specify An Individual Who Shall Serve As A Single Point Of Contact For All Contract Issues (poc). Contractor Must Provide The Cor And Contracting Office With The Poc Contact Details, To Include Business Phone Number Or Cell Phone Number And Email, As A Minimum: within 5 Business Days Of Contract Award, within 5 Business Days After Renewal Or Extension Of Services In Accordance With, And If Permitted By Applicable Far Clause, And within 5 Business Days Prior To A Change In The Poc By The Contractor. the Poc Must Be Easily Accessible By Phone And Return Cor Calls Within 48 Hours Of A Voice Message Left By The Cor. contracting Officer S Representative (cor) upon Contract Commencement, The Contracting Officer Will Notify The Contractor In Writing As To The Cor Assigned To This Contract, And Upon Reassignment Of A New Cor, As Applicable. Contractor Shall Only Respond To Requests For Service From The Cor Or The Co. If Service Is Requested From Any Source, Other Than The Cor Or The Co, The Contractor Is To Advise The Individual Of This Requirement And Refuse To Respond. Any Billing Resulting From Unauthorized Service Will Not Be Paid By The Government. The Cor Will Evaluate The Contractor S Performance Through Review Of The Contractor S Quality Control Procedures In Accordance With This Contract And Sow. authority Of The Cor the Contracting Officer Is The Only Person Authorized To Approve Changes In Any Of The Requirements Of This Contract. In The Event The Contractor Affects Any Changes At The Direction Of Any Person Other Than The Contracting Officer, The Changes Will Be Considered To Have Been Made Without Authority And No Adjustment Will Be Made In The Contract Price Or Schedule To Cover Any Increase In Costs Incurred As A Result Thereof. The Contracting Officer Shall Be The Only Individual Authorized To Accept Nonconforming Work, Waive Any Requirement Of The Contract, And/or Modify Any Term Or Condition Of The Contract. The Contracting Officer Is The Only Individual Who Can Legally Obligate Government Funds. No Costs Chargeable To The Proposed Contract Can Be Incurred Before Receipt Of A Fully Executed Contract Or Specific Authorization From The Contracting Officer. Any Invoicing Or Charges Resulting From Unauthorized Service Will Not Be Paid By The Government. government Alternate Points Of Contact (poc) Emergencies Only the Cor Will Identify Alternate Points Of Contact (poc) To Be Used Only For Instances Of Emergencies When The Cor Is Not Easily Contactable. These Will Be Individuals In Supervisory Or Managerial Roles Within The Biomed Department. The Contractor Will Be Provided This Information Within 5 Days After Contract Award And Within 48 Hours Of A Change To This Information. An Alternate Poc Does Not Replace The Cor Nor Do They Replace The Contracting Officer During The Performance And Administration Of This Contract, Nor Does It Relinquish Or Diminish The Contractor S Requirements In Relation To The Performance Of This Contract. liabilities And Insurances protection From Damage contractor Shall Provide All Labor, Materials, And Equipment Necessary For Protection Of Vamc Personnel, Furnishings, Equipment, And Buildings From Damage, And Shall Replace Or Repair Any Damage Due To Work Performed Under This Contract Equal To Its Original Construction And Finish. liability Insurance contractor Must Provide The Cor And The Co With Written Confirmation That Contractor Has Adequate Insurance Protection Against Negligent Work And Other Forms Of Liability. definitions acceptance Signature - Cor's Signature; Indicates Cor Accepts Work Status As Stated In Service Report. contractor Employees Has The Same Meaning As Contractor Personnel contractor Personnel - Has The Same Meaning As Contractor Employees cor Contracting Officer S Representative fda - Food And Drug Administration (u.s. Department Of Health And Human Services) field Technician Or Field Service Engineer (fse) - A Person Who Is Authorized By The Contractor To Perform Pmr Services On Va Premises. Also Known As Technically Trained Personnel. iso - International Organization For Standardization labor Refer To Technically Trained Personnel, Also Field Technician o.e.m. Or Oem Original Equipment Manufacturer. The Actual Manufacturer And Point Of Origin Of The Equipment. The Oem Provides Schematics And Standards For Maintenance And Repair Of The Equipment And Equipment Shall Be Maintained In Accordance With These Practices. The Oem Is Identified In The Background Section Of This Sow. oem-trained Technicians Means Contractor Technicians (technically Trained Personnel, Fse, Field Technicians), Be They Oem Or Third Party Provided, Who Are Formally Trained To Oem Standards To Satisfactorily Perform Services On Equipment In This Sow. Where Oem-trained Technicians Are Required In The Sow It Means That Services Are To Be Performed At No Less Than This Criteria, For The Period Of Performance At The Location, To Ensure The Sow Purpose Is Met In Order To Avoid Future Equipment Breakdowns Or Malfunctions Which Could Lead To The Va Being Accused Of Malpractice Or Negligence. This Assists The Va In Meeting Its Mission. original Equipment Manufacturer - Oem osha Occupational Safety And Health Administration pmi - Preventive Maintenance Inspection service Report - A Documentation Of The Services Rendered For Each Incidence Of Work Performance Under The Terms And Conditions Of The Contract. services Includes Preventive Maintenance And Repair For Equipment And Components Listed In This Sow And In Accordance With This Sow sr Service Report technically Trained Personnel Are Personnel And/or Employees Who Shall Be Suitably Knowledgeable In The Field Related To The Services In This Sow In Order To Satisfactorily Perform Services In Accordance With The Sow. The Contractor Shall Provide Personnel Experienced And Qualified To Perform The Required Services In Accordance With Industry Practices And Standards. Also Known As Field Technician Or Field Service Engineer (fse). For Example, This Could Mean German-trained Technicians, Certified Technicians Etc. Technically Trained Personnel Are Also Known As Contractor Personnel Or Contractor Employees Or Technicians. vamc Veterans Affairs Medical Center the Provision At Far 52.212-1, Instruction To Offerors -- Commercial Products And Commercial Services (sep 2023), Applies To This Acquisition With The Following Addendum: far 52.204-7, System For Award Management (oct 2018); far 52.204-16, Commercial And Government Entity Code Reporting (aug 2020); far 52.216-1, Type Of Contract (apr 1984): The Government Anticipates The Awarding Of A Single Firm-fixed Price Definitized Contract To Fulfill This Requirement. the Provision At Far 52.212-2, Evaluation -- Commercial Items (nov 2021), Applies To This Acquisition. (a) The Government Will Award A Contract Resulting From This Solicitation To The Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factors Shall Be Used To Evaluate Offers: contract Award Will Be Made Based On The Solicitation Response That Represents The Best Value To The Government Using A Contracting Officer S Comparative Analysis. Since The Contracting Officer Is Considering Price And Other Factors, The Co May Award To Other Than The Lowest-priced Offer. The Information Below Explains The Evaluation Approach: the Contracting Officer Will Make A Comparative Analysis Of All Offers Against The Solicitation, Using The Following Factors To Decide Which Offer(s) Represent The Best Value To The Government: factor 1: Technical Ability the Offer Shall Be Evaluated On The Conformance To The Requirements Listed In The Statement Of Work. The Offeror Shall Submit A Technical Narrative, That Describes The Means And Methods Of Successfully Performing All Work Detailed In The Sow, To Include The Personnel Being Proposed To Perform The Work. Narrative Should Demonstrate That Offeror Possesses A Clear Understanding Of The Requirements In The Sow. Any Training Certifications For The Repair Of Said Equipment Should Be Provided With Quote. factor 2: Past Performance offeror Shall Provide No More Than Three References Of Relatively The Same Size And Complexity. Include The Following Information For Each Contract: Name And Address Of Contracting Activity (company Name), Contract Number, Type Of Contract, Total Contract Amount, And Status, Date Of Award And Completion, Description And Location Of Contract Work, List Of Major Subcontractors If Any, Contracting Officer Or Individual Responsible For Signing The Contract, And Their Telephone And Fax Number, And The Cor S/administrator S Name, Telephone And Fax Numbers. Offerors May Provide Information On Problems Encountered On Identified Contracts And The Offeror S Corrective Action. Searches In Cpars (contractor Performance Assessment Reporting System), As Well As Past Performance Questionnaires May Be Utilized. factor 3: Price Offerors Shall Provide One Copy Of The Fully Completed Price Schedule In The Format Listed Above. Proposed Prices Will Be Evaluated For Realism And Reasonableness. the Comparative Analysis Method Will Be Used To Evaluate Offers. Offers Will Be Evaluated To Determine Which Offer Provides The Overall Best Value To The Government, All Factors Considered. (b) Options. The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement. The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced. Evaluation Of Options Shall Not Obligate The Government To Exercise The Option(s). (c) A Written Notice Of Award Or Acceptance Of An Offer, Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer, Shall Result In A Binding Contract Without Further Action By Either Party. Before The Offer S Specified Expiration Time, The Government May Accept An Offer (or Part Of An Offer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. (end Of Provision) a Completed Copy Of The Provision At Far 52.212-3, Offeror Representations And Certifications Commercial Products And Commercial Services (may 2024) Shall Be Submitted With The Offer. the Clause At Far 52.212-4 Contract Terms And Conditions-commercial Products And Services (nov 2023), Applies To This Acquisition, With The Following Addendum: far 52.204-9, Personal Identity Verification Of Contractor Personnel (jan 2011); far 52.204-13, System For Award Management Maintenance (oct 2018); far 52.204-18, Commercial And Government Entity Code Maintenance (aug 2020); far 52.217-8 Option To Extend Services (nov 1999) The Government May Require Continued Performance Of Any Services Within The Limits And At The Rates Specified In The Contract. These Rates May Be Adjusted Only As A Result Of Revisions To Prevailing Labor Rates Provided By The Secretary Of Labor. The Option Provision May Be Exercised More Than Once, But The Total Extension Of Performance Hereunder Shall Not Exceed 6â months. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within Fifteen (15) Days Of The Expiration Date Of The Current Contract Period. for The Purposes Of The Award Of This Contract, The Government Intends To Evaluate The Option To Extend Services Under Far 52.217-8 As Follows: the Evaluation Will Consider The Possibility That The Option Can Be Exercised At Any Time, And Can Be Exercised In Increments Of One To Six Months, But Not For More Than A Total Of Six Months During The Life Of The Contract.â  The Evaluation Will Assume That The Prices For Any Option Exercised Under Far 52.217-8 Will Be At The Same Rates As Those In Effect Under The Contract At The Time The Option Is Exercised.â  The Evaluation Will Therefore Assume That The Addition Of The Price Or Prices Of Any Possible Extension Or Extensions Under Far 52.217-8 To The Total Price For The Basic Requirement And The Total Price For The Priced Options Has The Same Effect On The Total Price Of All Quotes Relative To Each Other, And Will Not Affect The Ranking Of Quotes Based On Price, Unless, After Reviewing The Quotes, The Government Determines That There Is A Basis For Finding Otherwise.â  This Evaluation Will Not Obligate The Government To Exercise Any Option Under Far 52.217-8. The `specified' Rates Under This Clause Will Be Those Rates In Effect Under The Contract Each Time An Option Is Exercised Under This Clause. (end Of Clause) far 52.217-9 Option To Extend The Term Of The Contract (mar 2000) (a) The Government May Extend The Term Of This Contract By Written Notice To The Contractor Within 30 Days; Provided That The Government Gives The Contractor A Preliminary Written Notice Of Its Intent To Extend At Least 30 Days Before The Contract Expires. The Preliminary Notice Does Not Commit The Government To An Extension. (b) If The Government Exercises This Option, The Extended Contract Shall Be Considered To Include This Option Clause. (c) The Total Duration Of This Contract, Including The Exercise Of Any Options Under This Clause, Shall Not Exceed Five (5) Years. (end Of Clause) far 52.223-6 Drug-free Workplace (may 2001); far 52.223-99 Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors (deviation) far 52.228-5 Insurance Work On A Government Installation (jan 1997); cl 120 - Supplemental Insurance Requirements: In Accordance With Far 28.307-2 And Far 52.228-5, The Following Minimum Coverage Shall Apply To This Contract: (a) Workers' Compensation And Employers Liability: Contractors Are Required To Comply With Applicable Federal And State Workers' Compensation And Occupational Disease Statutes. If Occupational Diseases Are Not Compensable Under Those Statutes, They Shall Be Covered Under The Employer's Liability Section Of The Insurance Policy, Except When Contract Operations Are So Commingled With A Contractor's Commercial Operations That It Would Not Be Practical To Require This Coverage. Employer's Liability Coverage Of At Least $100,000 Is Required, Except In States With Exclusive Or Monopolistic Funds That Do Not Permit Workers' Compensation To Be Written By Private Carriers. (b) General Liability: $500,000.00 Per Occurrences. (c) Automobile Liability: $200,000.00 Per Person; $500,000.00 Per Occurrence And $20,000.00 Property Damage. (d) The Successful Bidder Must Present To The Contracting Officer, Prior To Award, Evidence Of General Liability Insurance Without Any Exclusionary Clauses For Asbestos That Would Void The General Liability Coverage. (end Of Clause) 52.232-19â  Availability Of Funds For The Next Fiscal Yearâ  (apr 1984) Funds Are Not Presently Available For Performance Under This Contract Beyond September 30th Of Any Fiscal Year. The Government S Obligation For Performance Of This Contract Beyond That Date Is Contingent Upon The Availability Of Appropriated Funds From Which Payment For Contract Purposes Can Be Made. No Legal Liability On The Part Of The Government For Any Payment May Arise For Performance Under This Contract Beyond September 30th Of Any Fiscal Year, Until Funds Are Made Available To The Contracting Officer For Performance And Until The Contractor Receives Notice Of Availability, To Be Confirmed In Writing By The Contracting Officer. (end Of Clause) far 52.237-2, Protection Of Government Buildings, Equipment, And Vegetation (apr 1984); far 52.237-3, Continuity Of Services (jan 1991); vaar 852.203-70, Commercial Advertising (may 2008); vaar 852.219-10 Va Notice Of Total Service-disabled Veteran-owned Small Business Set-aside. (nov 2020) (deviation); vaar 852.204-70 Personal Identity Verification Of Contractor Personnel (may 2020) vaar 852.219-74, Limitations On Subcontracting Monitoring And Compliance (jul 2018) (deviation) (a) This Solicitation Includes Vaar 852.219-10, Va Notice Of Total Service-disabled Veteran-owned Small Business Set-aside. (b) Accordingly, This Contract Is Subject To The Limitation On Subcontracting Requirements In 13 Cfr 125.6, Or The Limitations On Subcontracting Requirements In The Far Clause, As Applicable. The Contractor Is Advised That In Performing Contract Administration Functions, The Contracting Officer May Use The Services Of A Support Contractor(s) Retained By Va To Assist In Assessing The Contractor's Compliance With The Limitations On Subcontracting Or Percentage Of Work Performance Requirements Specified In The Clause. To That End, The Support Contractor(s) May Require Access To Contractor's Offices Where The Contractor's Business Records Or Other Proprietary Data Are Retained And To Review Such Business Records Regarding The Contractor's Compliance With This Requirement. (c) All Support Contractors Conducting This Review On Behalf Of Va Will Be Required To Sign An Information Protection And Non-disclosure And Disclosure Of Conflicts Of Interest Agreement To Ensure The Contractor's Business Records Or Other Proprietary Data Reviewed Or Obtained In The Course Of Assisting The Contracting Officer In Assessing The Contractor For Compliance Are Protected To Ensure Information Or Data Is Not Improperly Disclosed Or Other Impropriety Occurs. (d) Furthermore, If Va Determines Any Services The Support Contractor(s) Will Perform In Assessing Compliance Are Advisory And Assistance Services As Defined In Far 2.101, Definitions, The Support Contractor(s) Must Also Enter Into An Agreement With The Contractor To Protect Proprietary Information As Required By Far 9.505-4, Obtaining Access To Proprietary Information, Paragraph (b). The Contractor Is Required To Cooperate Fully And Make Available Any Records As May Be Required To Enable The Contracting Officer To Assess The Contractor's Compliance With The Limitations On Subcontracting Or Percentage Of Work Performance Requirement. (end Of Clause) vaar 852.219-77 Va Notice Of Limitations On Subcontracting Certificate Of Compliance For Services And Construction. as Prescribed In 819.7009(c) Insert The Following Clause: va Notice Of Limitations On Subcontracting Certificate Of Compliance For Services And Construction (sep 2021) (deviation) (a) Pursuant To 38 U.s.c. 8127(k)(2), The Offeror Certifies That (1) If Awarded A Contract (see Far 2.101 Definition), It Will Comply With The Limitations On Subcontracting Requirement As Provided In The Solicitation And The Resultant Contract, As Follows: [contracting Officer Check The Appropriate Box Below Based On The Predominant Naics Code Assigned To The Instant Acquisition As Set Forth In Far 19.102.] (i) [ ] Services. In The Case Of A Contract For Services (except Construction), The Contractor Will Not Pay More Than 50% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. Any Work That A Similarly Situated Vip-listed Subcontractor Further Subcontracts Will Count Towards The 50% Subcontract Amount That Cannot Be Exceeded. Other Direct Costs May Be Excluded To The Extent They Are Not The Principal Purpose Of The Acquisition And Small Business Concerns Do Not Provide The Service As Set Forth In 13 Cfr 125.6. (ii) [ ] General Construction. In The Case Of A Contract For General Construction, The Contractor Will Not Pay More Than 85% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. Any Work That A Similarly Situated Vip-listed Subcontractor Further Subcontracts Will Count Towards The 85% Subcontract Amount That Cannot Be Exceeded. Cost Of Materials Are Excluded And Not Considered To Be Subcontracted. (iii) Special Trade Construction Contractors. In The Case Of A Contract For Special Trade Contractors, The Contractor Will Not Pay More Than 75% Of The Amount Paid By The Government To It To Firms That Are Not Vip-listed Sdvosbs As Set Forth In 852.219-10 Or Vosbs As Set Forth In 852.219-11. Any Work That A Similarly Situated Subcontractor Further Subcontracts Will Count Towards The 75% Subcontract Amount That Cannot Be Exceeded. Cost Of Materials Are Excluded And Not Considered To Be Subcontracted. (2) The Offeror Acknowledges That This Certification Concerns A Matter Within The Jurisdiction Of An Agency Of The United States. The Offeror Further Acknowledges That This Certification Is Subject To Title 18, United States Code, Section 1001, And, As Such, A False, Fictitious, Or Fraudulent Certification May Render The Offeror Subject To Criminal, Civil, Or Administrative Penalties, Including Prosecution. (3) If Va Determines That An Sdvosb/vosb Awarded A Contract Pursuant To 38 U.s.c. 8127 Did Not Act In Good Faith, Such Sdvosb/vosb Shall Be Subject To Any Or All Of The Following: (i) Referral To The Va Suspension And Debarment Committee; (ii) A Fine Under Section 16(g)(1) Of The Small Business Act (15 U.s.c. 645(g)(1)); And (iii) Prosecution For Violating Section 1001 Of Title 18. (b) The Offeror Represents And Understands That By Submission Of Its Offer And Award Of A Contract It May Be Required To Provide Copies Of Documents Or Records To Va That Va May Review To Determine Whether The Offeror Complied With The Limitations On Subcontracting Requirement Specified In The Contract. The Contracting Officer May, At Their Discretion, Require The Contractor To Demonstrate Its Compliance With The Limitations On Subcontracting At Any Time During Performance And Upon Completion Of A Contract If The Information Regarding Such Compliance Is Not Already Available To The Contracting Officer. Evidence Of Compliance Includes, But Is Not Limited To, Invoices, Copies Of Subcontracts, Or A List Of The Value Of Tasks Performed. (c) The Offeror Further Agrees To Cooperate Fully And Make Available Any Documents Or Records As May Be Required To Enable Va To Determine Compliance With The Limitations On Subcontracting Requirement. The Offeror Understands That Failure To Provide Documents As Requested By Va May Result In Remedial Action As The Government Deems Appropriate. (d) Offeror Completed Certification/fill-in Required. The Formal Certification Must Be Completed, Signed, And Returned With The Offeror S Bid, Quotation, Or Quote. The Government Will Not Consider Offers For Award From Offerors That Do Not Provide The Certification, And All Such Responses Will Be Deemed Ineligible For Evaluation And Award. certification: i Hereby Certify That If Awarded The Contract, [insert Name Of Offeror] Will Comply With The Limitations On Subcontracting Specified In This Clause And In The Resultant Contract. I Further Certify That I Am Authorized To Execute This Certification On Behalf Of [insert Name Of Offeror]. printed Name Of Signee: _________________________________ printed Title Of Signee: ________________________________ signature: ______________________________________________ date: ___________________________________________________ company Name And Address: _______________________________ (end Of Clause) vaar 852.232-72, Electronic Submission Of Payment Requests (nov 2018); vaar, 852.270-1 Representatives Of Contracting Officers (jan 2008). the Clause At Far 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-commercial Products And Commercial Services (may 2022) Applies To This Acquisition Including The Following Clauses: far 52.204-10 Reporting Executive Compensation & First-tier Subcontract Awards (jun 2020); far 52.209-6 Protecting The Government S Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment (nov 2021); far 52.219-28, Post Award Small Business Program Rerepresentation (sep 2021); far 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020); far 52.222-3, Convict Labor (august 2003); far 52.222-21, Prohibition Of Segregated Facilities (apr 2015); far 52.222-26, Equal Opportunity (sep 2016); far 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020); far 52.222-40, Notice Of Employees Rights Under The National Labor Relations Act (dec 2010); far 52.222-50, Combating Trafficking In Persons (nov 2021); far 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020); far 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021); far 52.232-33, Payment By Electronic Funds Transfer System For Award Management (oct 2018); afar 52.222-41 Service Contract Labor Standards (aug 2018); far 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014); far 52.222-55 Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022); far 52.222-62 Paid Sick Leave Under Executive Order 13706 (jan 2022) department Of Labor Wage Determinations: Department Of Labor Wage Determination 2015-5319 Revision Number 25 Dated December 23, 2024 Applies To This Acquisition. quotes Shall Include The Rfq Number (36c25925q0227), The Proposed Unit Price, The Proposed Extended Price (for The Base And All Option Years,) Any Prompt Payment Discount Terms, Company Name, The Company Point Of Contact, Address, Phone Number, Fax Number, E-mail Address, Tax Identification Number, Unique Entity Identifier (uei) Number, And Business Size Status. the Full Text Of A Solicitation Provision Or Contract Clause May Be Accessed Electronically At The Address(es) Below: â  Â â â â â â â â â http://www.acquisition.gov/far/index.html â â â â â â â â â â  Http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm all Information Has Been Posted And There Are No Other Documents Available. Offers Are To Be Submitted Electronically To The Department Of Veterans Affairs, Network Contracting Office 19 (nco 19) Rocky Mountain Acquisition Center, 6162 South Willow Drive, Suite 300, Greenwood Village, Co 80111 Attn: Shanta Harrison, Contract Specialist At Shanta.harrison@va.gov No Later Than 4:00 P.m. Mountain Time On Wednesday, February 26, 2025. Quotes Submitted By Fascimile (fax Machine) Will Not Be Accepted. Please Include The Solicitation Number In The Subject Line Of Emails Submitted. any Questions Regarding This Solicitation Must Be Submitted In Writing To The Contracting Officer No Later Than 12:00 P.m. Mt, Wednesday, February 19, 2025. All Responses To Questions Received Will Be Posted To The Contracting Opportunities Website Via An Amendment.

Details: Sources Sought Notice this Is A Sources Sought Notice (ssn) Only. The U.s. Government Is Conducting Market Research Only To Determine The Availability Of Qualified Sources Capable Of Providing Scriptpro Preventative Maintenance And Repair Services. Potential Contractors Are Invited To Provide A Response Via E-mail To Contract Specialist At Tracy.heath@va.gov By January 24, 2025, 15:00 (pt). Responses Will Be Used To Determine The Appropriate Strategy For A Potential Acquisition. Please Clearly Identify Any Information Your Company Considers Sensitive Or Proprietary. This Notice Is Issued Solely For Information And Planning Purposes - It Does Not Constitute A Request For Quotation (rfq), Or A Promise To Issue An Rfq In The Future. This Notice Does Not Commit The U.s. Government To Contract For Any Supply Or Service. Further, The U.s. Government Is Not Seeking Quotes, Or Proposals At This Time And Will Not Accept Unsolicited Quotes In Response To This Sources Sought Synopsis. The U.s. Government Will Not Pay For Any Information Or Administrative Costs Incurred In Response To This Notice. Submittals Will Not Be Returned To The Responder. Not Responding To This Notice Does Not Preclude Participation In Any Future Rfq, If Any Is Issued. background: The Visn 20 Network Is Responsible For Providing Health Care To Veterans In The States Of Alaska, Washington, Oregon, Most Of The State Of Idaho, And One County Each In Montana And California, All Of Which Includes Eight (8) Health Care Facilities Comprised Of (7) Medical Centers And One (1) Rehabilitation Center. Two Of The Health Care Facilities Are Three (3) Two-division Campuses. These Ten (10) Health Care Sites Support Thirty-six (36) Community Based Outpatient Clinics. visn 20 Outpatient Pharmacies Currently Utilize Scriptpro S Central Pharmacy Workflow System And Robotics. The Scriptpro System Consists Of Hardware To Include Robotic Prescription Dispensing System, Datapoint Workstations, Printers, Scanners, Servers, Workstations, Signature Pads, Displays, Keyboards/mouse Terminals, Audio Components And Speakers, Keyboards, Mouse, And Kiosks. In Addition, There Is Software And Interfaces That Support Electronic Health Record (ehr), Vetext Communication, Scriptpro Workflow, And Shipping. naics: 811210, Electronic And Precision Equipment Repair And Maintenance interested Potential Contractors Please Provide The Following. 1) Company Name, Address, Point Of Contact, Phone Number, Email Address, And Duns please Indicate Business Size: small Disadvantage Business (sdb)____ 8(a)____ historically Underutilized Business Zone (hubzone)____ service-disabled Veteran-owned Small Business (sdvosb)____ veteran-owned Small Business (vosb)_____ economically Disadvantaged Women-owned Small Business (edwosb)_____ women-owned Small Business Concerns (wosb)_____ small Business_____ large Business_____ please State If You Possess A Federal Supply Schedule (fss)______. Please State If Your Fss Schedule Is Under Group 66 Iii Cat 605-2a________ 2) Please Submit A Brief Capability Statement (maximum Three Pages) With Enough Information To Demonstrate To The Veterans Affairs That You Have The Enough Resources, Personnel, And Experience To Perform Preventative Maintenance And Repairs As Required In The Attached Draft Statement Of Work. **draft Statement Of Work the Va Northwest Health Network, Veterans Integrated Service Network (visn) 20, Is Responsible For Providing Health Care To Veterans In The States Of Alaska, Washington, Oregon, Most Of The State Of Idaho, And One County Each In Montana And California.â  Visn 20 Encompasses 135 Counties Which Cover Approximately 23% Of The United States Land Mass; 17% Of Which Are Classified As Health Professional Shortage Areas. 67% Of These Same Counties Had A 2001 Per Capita Income Below $25,000. There Are Approximately 1.2 Million Veterans Living In The Pacific Northwest And Alaska, 18% Of Whom Received Va Services.â  the Visn 20 Network Of Eight (8) Health Care Facilities Is Comprised Of (7) Medical Centers And One (1) Rehabilitation Center (table 1). Two Of The Health Care Facilities Are Three (3) Two-division Campuses. These Ten (10) Health Care Sites Support Thirty-six (36) Community Based Outpatient Clinics. visn 20 Outpatient Pharmacies Currently Utilize Scriptpro S Central Pharmacy Workflow System And Robotics. The Scriptpro System Consists Of Hardware To Include Robotic Prescription Dispensing System, Datapoint Workstations, Printers, Scanners, Servers, Workstations, Signature Pads, Displays, Keyboards/mouse Terminals, Audio Components And Speakers, Keyboards, Mouse, And Kiosks. In Addition, There Is Software And Interfaces That Support Electronic Health Record (ehr), Vetext Communication, Scriptpro Workflow, And Shipping. the Proposed Action Is To Provide All Support Services For Hardware, Software, And Interfaces. This Includes Professional Services To Troubleshoot System Issues, Software And Operating System Updates To Address Cybersecurity Vulnerabilities, Corrective Maintenance, Preventative Maintenance And Replacement Parts. 1. Applicable Documents. In Performance Of The Tasks Associated With This Performance Work Statement, The Contractor Shall Comply With The Following: 44 U.s.c. § 3541,â  Federal Information Security Management Act (fisma) Of 2002 fips Pub 201 Personal Identity Verification Of Federal Employees & Contractors, 3/2006 5 U.s.c. § 552a, As Amended, The Privacy Act Of 1974 42 U.s.c. § 2000d Title Vi Of The Civil Rights Act Of 1964 va Directive 0710, Personnel Suitability And Security Program, September 10, 2004 va Directive 6102, Internet/intranet Services, July 15, 2008 36 Cfr Part 1194 Electronic And Information Technology Accessibility Standards 7/1/2003 office Of Management & Budget (omb) Circular A-130, Management Of Federal Information Resources, November 28, 2000 32 Cfr Part 199 Civilian Health And Medical Program Of The Uniformed Services (champus) an Introductory Resource Guide For Implementing The Health Insurance Portability And Accountability Act (hipaa) Security Rule, October 2008 sections 504 And 508 Of The Rehabilitation Act (29 U.s.c. § 794d), As Amended By The Workforce Investment Act Of 1998 (p.l. 105-220), August 7, 1998 homeland Security Presidential Directive (12) (hspd-12) va Directive 6500, Information Security Program, August 4, 2006 va Handbook 6500.6, Contract Security, March 12, 2010 program Management Accountability System (pmas) Portal (reference Pws References Technical Library At Https://www.voa.va.gov/) national Institute Standards And Technology (nist) Special Publications 2. Scope. the Contractor Shall Provide Remote And Onsite Support Services For The 11 Medical Centers Listed In Table 1. on-site Field Service Repair remote Technical And Application Support preventive Maintenance software And Operating System (os) Updates server And Workstation (os) Patching drug Database Updates interface Maintenance And Testing To Resolve Issues. see Appendix A For All Equipment, Software, And Interfaces To Be Supported. scriptpro Shall Provide 24/7 Remote Technical Support. table 1: Visn 20 Sites station address 463-va Anchorage Health Care System 1201 North Muldoon Road anchorage, Ak 99504 531-va Boise Medical Center 500 W. Fort Street boise, Id 83702 648-va Portland Medical Center Portland Campus 3710 Sw Us Veterans Hospital Road portland, Or 97239-2999 648a-va Portland Medical Center Vancouver Campus 1601 E Fourth Plain Boulevard vancouver, Wa 98661 653-va Roseburg Health Care System Roseburg Campus 913 Garden Valley Boulevard roseburg, Or 97470 653-va Roseburg Health Care System Eugene Cboc 3355 Chad Drive Eugene, Or 97408 663-va Puget Sound Health Care System Seattle Division 1660 South Columbian Way seattle, Wa 98108-1597 663-va Puget Sound Health Care System American Lake Division 9600 Veterans Drive Tacoma, Wa 98493 668-va Spokane Medical Center n. 4815 Assembly Street spokane, Wa 99205 687-jonathan M. Wainwright Memorial Va Medical Center 77 Wainwright Drive walla Walla, Wa 99362 692-va Southern Oregon Rehabilitation Center And Clinics 8495 Crater Lake Highway white City, Or 97503 performance Period. The Period Of Performance For This Action Shall Be 12 Months And Three Option Years. place Of Performance. Contract Performance Shall Take Place At The Contractor S Location(s) And At All Visn 20 Outpatient Pharmacies Listed In Table 1. travel For On-site Repairs And Preventative Maintenance. The Government Anticipates Contractor Travel Under This Contract. All Travel Shall Be Incorporated Into The Price Schedule For The Contract. No Travel Costs Will Be Reimbursed By Va. government Furnished Equipment/information. The Contractor Shall Be Allowed Access To Government Equipment Including Servers And Network Infrastructure. Information On Government Equipment And Systems Shall Be Provided As Necessary. No Government-owned Property Will Be Transferred Into The Contractor S Control. Additional Software Products May Be Provided By The Government As Identified To Facilitate Contractor Access, E.g., Microsoft Terminal Services. hours Of Coverage & Federal Holidays. Normal Business Hours Are 8:00am To 5:00pm, Monday Through Friday, Excluding Federal Holidays. The Contractor Shall Contact The Poc Or His/her Designee Prior To Commencing Any Work On The Premises. new Years' Dayâ  martin Luther King Dayâ  presidents' Dayâ  memorial Dayâ  juneteenth Dayâ  independence Dayâ  labor Dayâ  columbus Dayâ  veterans Dayâ  thanksgiving Dayâ  christmas Dayâ  â  invoicing. Invoices Shall Be Submitted Electronically Via The Financial Services Center Mandatory Electronic Invoice System, On A Monthly Basis. Invoices Must Include, At A Minimum, The Following Information: Contractor Name, Purchase Order Number, Period Of Service The Billing Covers, And A List Of Equipment Items Covered During The Stated Period Of Performance. this Requirement Is In Accordance With Varr Clause 852.232-72 Electronic Submission Of Payment Requests: Http://www.fsc.va.gov/einvoice.asp. Electronic Payments Are Net 30 Days. security Requirements. All Contractor Employees Are Subject To The Same Level Of Investigation As Va Employees Who Have Access To Va Sensitive Information Or Access To Va Facilities. The Background Investigation Includes The Following Requirements: 1) Completed Documentation 2) Fingerprints 3) Completion Of Opm S E-qip Questionnaire. The Contractor Is Required To Fulfill All Of The Security Requirements. The Contractor, Upon Completion Of Fingerprinting, And An Initial Suitability Determination, May Be Authorized Tentative Access To Start The Performance Period Of The Contract, But Only On Condition Of Completion Of All Security Requirements. This Requirement Is Applicable To All Subcontractor Personnel Requiring The Same Access. option To Extend Services. In Accordance With Far Clause 52.217-8, Option To Extend Services, The Contract May Be Extended, At The Government S Sole Discretion, For A Period Of Up To Six (6) Months, Exercisable In Increments Of Not Less Than One (1) Month. If The Contract Contains An Unexercised Option Period, The Government May Elect To Exercise The Option Pursuant To Far Clause 52.217-9, Option To Extend The Term Of The Contract, During Any Short-term Extension. The Short-term Extension(s) Shall Be Subtracted From The Total Duration Of The Immediately Succeeding Option Period That May Follow As A Result Of The Exercise Of The Option Pursuant To Far Clause 52.217-9 So That The Combination Of The Short-term Extension(s) And The Option Will Not Exceed 12 Months Duration. If The Government Exercises One Or More Short Term Extensions In Accordance With Far Clause 52.217-8 And This Instruction Or An Option Period Pursuant To Far Clause 52.217-9, Or Any Combination Thereof, The Contract As Extended Shall Be Deemed To Include This Extension Instruction And Far Clause 52.217-8; Thus, The Authority To Extend Services Pursuant To Far Clause 52.217-8 And This Instruction May Be Exercised At The End Of The Base Period And At The End Of Each Option Period. the Prices Applicable During The Short-term Extension(s) Shall Be The Price(s) Applicable During The Immediately Succeeding Option Period If There Is One (for Example, Clin 1001 Subject Only To Any Adjustment Required By The Service Contract Act). If There Is No Immediately Succeeding Option Period, The Price(s) Shall Be The Price(s) Applicable During The Immediately Preceding Contract Period, Subject Only To Any Adjustment Required By The Service Contract Act. the Extension(s) May Be Exercised By The Government Iaw Far Clause 52.217-8, Provided That The Co Has Given Notice Of The Government S Intent To Exercise The Extension At Least 7 Calendar Days Before This Contract Is To Expire. A Notice Will Be Provided For Each Separate Extension. for Requirements Items, The Prices Applicable During The Short-term Extension(s) Shall Be The Prices Applicable During The Immediately Succeeding Option Period, If There Is One. If There Is No Succeeding Option Period, The Prices Shall Be The Prices Applicable During The Immediately Preceding Contract Period. the Cost Ceiling(s), Base Fee(s), And Award Fee(s) During The Short-term Option(s) Shall Be The Pro Rata Portion Of The Costs And Fees Applicable To The Immediately Succeeding Option Period, If There Is One. If There Is No Succeeding Option Period, The Cost Ceiling(s) And Fee(s) Shall Be The Pro Rata Portion Of The Costs And Fees For The Immediately Preceding Contract Period. security Clause the C&a Requirements Do Not Apply, And A Security Accreditation Package Is Not Required. va Acquisition Regulation Solicitation Provision And Contract Clause (vaar) the Contractor, Their Personnel, And Their Subcontractors Shall Be Subject To The Federal Laws, Regulations, Standards, And Va Directives And Handbooks Regarding Information And Information System Security As Delineated In This Contract. va Information And Information System Security/privacy Language For inclusion Into Contracts, As Appropriate general contractors, Contractor Personnel, Subcontractors, And Subcontractor Personnel Shall Be Subject To The Same Federal Laws, Regulations, Standards, And Va Directives And Handbooks As Va And Va Personnel Regarding Information And Information System Security. access To Va Information And Va Information Systems a Contractor/subcontrator Shall Request Logical (technical) Or Physical Access To Va Information And Va Information Systems For Their Employees, Subcontractors, And Affiliates Only To The Extent Necessary To Perform The Services Specified In The Contract, Agreement, Or Task Order. all Contractors, Subcontractors, And Third-party Servicers And Associates Working With Va Information Are Subject To The Same Investigative Requirements As Those Of Va Appointees Or Employees Who Have Access To The Same Types Of Information. The Level And Process Of Background Security Investigations For Contractors Must Be In Accordance With Va Directive And Handbook 0710, Personnel Suitability And Security Program. The Office For Operations, Security, And Preparedness Is Responsible For These Policies And Procedures. contract Personnel Who Require Access To National Security Programs Must Have A Valid Security Clearance. National Industrial Security Program (nisp) Was Established By Executive Order 12829 To Ensure That Cleared U.s. Defense Industry Contract Personnel Safeguard The Classified Information In Their Possession While Performing Work On Contracts, Programs, Bids, Or Research And Development Efforts. The Department Of Veterans Affairs Does Not Have A Memorandum Of Agreement With Defense Security Service (dss). Verification Of A Security Clearance Must Be Processed Through The Special Security Officer Located In The Planning And National Security Service Within The Office Of Operations, Security, And Preparedness. custom Software Development And Outsourced Operations Must Be Located In The U.s. To The Maximum Extent Practical. If Such Services Are Proposed To Be Performed Abroad And Are Not Disallowed By Other Va Policy Or Mandates, The Contractor/subcontractor Must State Where All Non-u.s. Services Are Provided And Detail A Security Plan, Deemed To Be Acceptable By Va, Specifically To Address Mitigation Of The Resulting Problems Of Communication, Control, Data Protection, And So Forth. Location Within The U.s. May Be An Evaluation Factor. the Contractor Or Subcontractor Must Notify The Contracting Officer Immediately When An Employee Working On A Va System Or With Access To Va Information Is Reassigned Or Leaves The Contractor Or Subcontractor S Employ. The Contracting Officer Must Also Be Notified Immediately By The Contractor Or Subcontractor Prior To An Unfriendly Termination. 3. Va Information Custodial Language information Made Available To The Contractor Or Subcontractor By Va For The Performance Or Administration Of This Contract Or Information Developed By The Contractor/subcontractor In Performance Or Administration Of The Contract Shall Be Used Only For Those Purposes And Shall Not Be Used In Any Other Way Without The Prior Written Agreement Of The Va. This Clause Expressly Limits The Contractor/subcontractor's Rights To Use Data As Described In Rights In Data - General, Far 52.227-14(d) (1). va Information Should Not Be Co-mingled, If Possible, With Any Other Data On The Contractors/subcontractor S Information Systems Or Media Storage Systems To Ensure Va Requirements Related To Data Protection And Media Sanitization Can Be Met. If Co-mingling Must Be Allowed To Meet The Requirements Of The Business Need, The Contractor Must Ensure That Va S Information Is Returned To The Va Or Destroyed In Accordance With Va S Sanitization Requirements. Va Reserves The Right To Conduct On-site Inspections Of Contractor And Subcontractor It Resources To Ensure Data Security Controls, Separation Of Data And Job Duties, And Destruction/media Sanitization Procedures Are In Compliance With Va Directive Requirements. prior To Termination Or Completion Of This Contract, Contractor/subcontractor Must Not Destroy Information Received From Va, Or Gathered/created By The Contractor In The Course Of Performing This Contract Without Prior Written Approval By The Va. Any Data Destruction Done On Behalf Of Va By A Contractor/subcontractor Must Be Done In Accordance With National Archives And Records Administration (nara) Requirements As Outlined In Va Directive 6300, Records And Information Management And Its Handbook 6300.1 Records Management Procedures, Applicable Va Records Control Schedules, And Va Handbook 6500.1, Electronic Media Sanitization. Self-certification By The Contractor That The Data Destruction Requirements Above Have Been Met Must Be Sent To The Va Contracting Officer Within 30 Days Of Termination Of The Contract. the Contractor/subcontractor Must Receive, Gather, Store, Back Up, Maintain, Use, Disclose And Dispose Of Va Information Only In Compliance With The Terms Of The Contract And Applicable Federal And Va Information Confidentiality And Security Laws, Regulations And Policies. If Federal Or Va Information Confidentiality And Security Laws, Regulations And Policies Become Applicable To The Va Information Or Information Systems After Execution Of The Contract, Or If Nist Issues Or Updates Applicable Fips Or Special Publications (sp) After Execution Of This Contract, The Parties Agree To Negotiate In Good Faith To Implement The Information Confidentiality And Security Laws, Regulations And Policies In This Contract. the Contractor/subcontractor Shall Not Make Copies Of Va Information Except As Authorized And Necessary To Perform The Terms Of The Agreement Or To Preserve Electronic Information Stored On Contractor/subcontractor Electronic Storage Media For Restoration In Case Any Electronic Equipment Or Data Used By The Contractor/subcontractor Needs To Be Restored To An Operating State. If Copies Are Made For Restoration Purposes, After The Restoration Is Complete, The Copies Must Be Appropriately Destroyed. f. If Va Determines That The Contractor Has Violated Any Of The Information Confidentiality, privacy, And Security Provisions Of The Contract, It Shall Be Sufficient Grounds For Va To Withhold Payment To The Contractor Or Third Party Or Terminate The Contract For Default Or Terminate For Cause Under Federal Acquisition Regulation (far) Part 12. if A Vha Contract Is Terminated For Cause, The Associated Baa Must Also Be Terminated And Appropriate Actions Taken In Accordance With Vha Handbook 1600.01, Business Associate Agreements. Absent An Agreement To Use Or Disclose Protected Health Information, There Is No Business Associate Relationship. the Contractor/subcontractor Must Store, Transport, Or Transmit Va Sensitive Information In An Encrypted Form, Using Va-approved Encryption Tools That Are, At A Minimum, Fips 140-2 Validated. the Contractor/subcontractor S Firewall And Web Services Security Controls, If Applicable, Shall Meet Or Exceed Va S Minimum Requirements. Va Configuration Guidelines Are Available Upon Request. except For Uses And Disclosures Of Va Information Authorized By This Contract For Performance Of The Contract, The Contractor/subcontractor May Use And Disclose Va Information Only In Two Other Situations: (i) In Response To A Qualifying Order Of A Court Of Competent Jurisdiction, Or (ii) With Va S Prior Written Approval. The Contractor/subcontractor Must Refer All Requests For, Demands For Production Of, Or Inquiries About, Va Information And Information Systems To The Va Contracting Officer For Response. notwithstanding The Provision Above, The Contractor/subcontractor Shall Not Release Va Records Protected By Title 38 U.s.c. 5705, Confidentiality Of Medical Quality Assurance Records And/or Title 38 U.s.c. 7332, Confidentiality Of Certain Health Records Pertaining To Drug Addiction, Sickle Cell Anemia, Alcoholism Or Alcohol Abuse, Or Infection With Human Immunodeficiency Virus. If The Contractor/subcontractor Is In Receipt Of A Court Order Or Other Requests For The Above Mentioned Information, That Contractor/subcontractor Shall Immediately Refer Such Court Orders Or Other Requests To The Va Contracting Officer For Response. for Service That Involves The Storage, Generating, Transmitting, Or Exchanging Of Va Sensitive Information But Does Not Require C&a Or An Mou-isa For System Interconnection, The Contractor/subcontractor Must Complete A Contractor Security Control Assessment (csca) On A Yearly Basis And Provide It To The Cotr. 5. Information System Hosting, Operation, Maintenance, Or Use va Prohibits The Installation And Use Of Personally-owned Or Contractor/subcontractor Owned Equipment Or Software On Va S Network. If Non-va Owned Equipment Must Be Used To Fulfill The Requirements Of A Contract, It Must Be Stated In The Service Agreement, Sow Or Contract. All Of The Security Controls Required For Government Furnished Equipment (gfe) Must Be Utilized In Approved Other Equipment (oe) And Must Be Funded By The Owner Of The Equipment. All Remote Systems Must Be Equipped With, And Use, A Va-approved Antivirus (av) Software And A Personal (host-based Or Enclave Based) Firewall That Is Configured With A Va- Approved Configuration. Software Must Be Kept Current, Including All Critical Updates And Patches. Owners Of Approved Oe Are Responsible For Providing And Maintaining The Anti-viral Software And The Firewall On The Non-va Owned Oe. all Electronic Storage Media Used On Non-va Leased Or Non-va Owned It Equipment That Is Used To Store, Process, Or Access Va Information Must Be Handled In Adherence With Va Handbook 6500.1, Electronic Media Sanitization Upon: (i) Completion Or Termination Of The Contract Or (ii) Disposal Or Return Of The It Equipment By The Contractor/subcontractor Or Any Person Acting On Behalf Of The Contractor/subcontractor, Whichever Is Earlier. Media (hard Drives, Optical Disks, Cds, Back-up Tapes, Etc.) Used By The Contractors/subcontractors That Contain Va Information Must Be Returned To The Va For Sanitization Or Destruction Or The Contractor/subcontractor Must Self-certify That The Media Has Been Disposed Of Per 6500.1 Requirements. This Must Be Completed Within 30 Days Of Termination Of The Contract. bio-medical Devices And Other Equipment Or Systems Containing Media (hard Drives, Optical Disks, Etc.) With Va Sensitive Information Must Not Be Returned To The Vendor At The End Of Lease, For Trade-in, Or Other Purposes. The Options Are: vendor Must Accept The System Without The Drive; va S Initial Medical Device Purchase Includes A Spare Drive Which Must Be Installed In Place Of The Original Drive At Time Of Turn-in; Or va Must Reimburse The Company For Media At A Reasonable Open Market Replacement Cost At Time Of Purchase. (4) Due To The Highly Specialized And Sometimes Proprietary Hardware And Software Associated With Medical Equipment/systems, If It Is Not Possible For The Va To Retain The Hard Drive, Then; the Equipment Vendor Must Have An Existing Baa If The Device Being Traded In Has Sensitive Information Stored On It And Hard Drive(s) From The System Are Being Returned Physically Intact; And any Fixed Hard Drive On The Device Must Be Non-destructively Sanitized To The Greatest Extent Possible Without Negatively Impacting System Operation. Selective Clearing Down To Patient Data Folder Level Is Recommended Using Va Approved And Validated Overwriting Technologies/methods/tools. Applicable Media Sanitization Specifications Need To Be Pre- Approved And Described In The Purchase Order Or Contract. a Statement Needs To Be Signed By The Director (system Owner) That States That The Drive Could Not Be Removed And That (a) And (b) Controls Above Are In Place And Completed. The Iso Needs To Maintain The Documentation. 6. Security Incident Investigation the Term Security Incident Means An Event That Has, Or Could Have, Resulted In Unauthorized Access To, Loss Or Damage To Va Assets, Or Sensitive Information, Or An Action That Breaches Va Security Procedures. The Contractor/subcontractor Shall Immediately Notify The Cotr And Simultaneously, The Designated Iso And Privacy Officer For The Contract Of Any Known Or Suspected Security/privacy Incidents, Or Any Unauthorized Disclosure Of Sensitive Information, Including That Contained In System(s) To Which The Contractor/subcontractor Has Access. to The Extent Known By The Contractor/subcontractor, The Contractor/subcontractor S notice To Va Shall Identify The Information Involved, The Circumstances Surrounding The Incident (including To Whom, How, When, And Where The Va Information Or Assets Were Placed At Risk Or compromised), And Any Other Information That The Contractor/subcontractor Considers Relevant. with Respect To Unsecured Protected Health Information, The Business Associate Is Deemed To Have Discovered A Data Breach When The Business Associate Knew Or Should Have Known Of A Breach Of Such Information. Upon Discovery, The Business Associate Must Notify The Covered Entity Of The Breach. Notifications Need To Be Made In Accordance With The Executed Business Associate Agreement. in Instances Of Theft Or Break-in Or Other Criminal Activity, The Contractor/subcontractor Must Concurrently Report The Incident To The Appropriate Law Enforcement Entity (or Entities) Of Jurisdiction, Including The Va Oig And Security And Law Enforcement. The Contractor, Its Employees, And Its Subcontractors And Their Employees Shall Cooperate With Va And Any Law Enforcement Authority Responsible For The Investigation And Prosecution Of Any Possible Criminal Law Violation(s) Associated With Any Incident. The Contractor/subcontractor Shall Cooperate With Va In Any Civil Litigation To Recover Va Information, Obtain Monetary Or Other compensation From A Third Party For Damages Arising From Any Incident, Or Obtain Injunctive Relief Against Any Third Party Arising From, Or Related To, The Incident. 7. Liquidated Damages For Data Breach consistent With The Requirements Of 38 U.s.c. §5725, A Contract May Require Access To Sensitive Personal Information. If So, The Contractor Is Liable To Va For Liquidated Damages In The Event Of A Data Breach Or Privacy Incident Involving Any Spi The Contractor/subcontractor Processes Or Maintains Under This Contract. the Contractor/subcontractor Shall Provide Notice To Va Of A Security Incident As Set Forth In The Security Incident Investigation Section Above. Upon Such Notification, Va Must Secure From A Non-department Entity Or The Va Office Of Inspector General An Independent Risk Analysis Of The Data Breach To Determine The Level Of Risk Associated With The Data Breach For The Potential Misuse Of Any Sensitive Personal Information Involved In The Data Breach. The Term 'data Breach' Means The Loss, Theft, Or Other Unauthorized Access, Or Any Access Other Than That Incidental To The Scope Of Employment, To Data Containing Sensitive Personal Information, In Electronic Or Printed Form, That Results In The Potential Compromise Of The Confidentiality Or Integrity Of The Data. Contractor Shall Fully Cooperate With The Entity Performing The Risk Analysis. Failure To Cooperate May Be Deemed A Material Breach And Grounds For Contract Termination. each Risk Analysis Shall Address All Relevant Information Concerning The Data Breach, Including The Following: (1) Nature Of The Event (loss, Theft, Unauthorized Access); (2) Description Of The Event, Including: date Of Occurrence; data Elements Involved, Including Any Pii, Such As Full Name, Social Security Number, Date Of Birth, Home Address, Account Number, Disability Code; (3) Number Of Individuals Affected Or Potentially Affected; (4) Names Of Individuals Or Groups Affected Or Potentially Affected; (5) Ease Of Logical Data Access To The Lost, Stolen Or Improperly Accessed Data In Light Of The Degree Of Protection For The Data, E.g., Unencrypted, Plain Text; (6) Amount Of Time The Data Has Been Out Of Va Control; (7) The Likelihood That The Sensitive Personal Information Will Or Has Been Compromised (made Accessible To And Usable By Unauthorized Persons); known Misuses Of Data Containing Sensitive Personal Information, If Any; assessment Of The Potential Harm To The Affected Individuals; data Breach Analysis As Outlined In 6500.2 Handbook, Management Of Security And Privacy Incidents, As Appropriate; And whether Credit Protection Services May Assist Record Subjects In Avoiding Or Mitigating The Results Of Identity Theft Based On The Sensitive Personal Information That May Have Been Compromised. d. Based On The Determinations Of The Independent Risk Analysis, The Contractor Shall Be Responsible For Paying To The Va Liquidated Damages In The Amount Of $37.50 Per Affected individual To Cover The Cost Of Providing Credit Protection Services To Affected Individuals Consisting Of The Following: notification; one Year Of Credit Monitoring Services Consisting Of Automatic Daily Monitoring Of At Least 3 Relevant Credit Bureau Reports; data Breach Analysis; fraud Resolution Services, Including Writing Dispute Letters, Initiating Fraud Alerts And Credit Freezes, To Assist Affected Individuals To Bring Matters To Resolution; one Year Of Identity Theft Insurance With $20,000.00 Coverage At $0 Deductible; And necessary Legal Expenses The Subjects May Incur To Repair Falsified Or Damaged Credit Records, Histories, Or Financial Affairs. 8. Security Controls Compliance Testing on A Periodic Basis, Va, Including The Office Of Inspector General, Reserves The Right To Evaluate Any Or All Of The Security Controls And Privacy Practices Implemented By The Contractor Under The Clauses Contained Within The Contract. With 10 Working-day S Notice, At The Request Of The Government, The Contractor Must Fully Cooperate And Assist In A Government-sponsored Security Controls Assessment At Each Location Wherein Va Information Is Processed Or Stored, Or Information Systems Are Developed, Operated, Maintained, Or Used On Behalf Of Va, Including Those Initiated By The Office Of Inspector General. The Government May Conduct A Security Control Assessment On Shorter Notice (to Include Unannounced Assessments) As Determined By Va In The Event Of A Security Incident Or At Any Other Time. appendix A List Of Equipment To Be Supported Per Site location description quantity boise sp 200/ccc (6 Slot) Service 1 boise sp 50/occ 1 boise sp Data Point 12 boise sp Printer 10 boise notice Board 32 1 boise notice Board 40 1 boise scanner 1 boise e Signature Device 2 boise kvm Setup/service 1 boise kvm Device 2 boise rx Paperwork Printer 3 boise smart Card Scanner 16 boise robotic Cell Multiplexor For Robots 4 boise interface 3 boise interface - Pitney Bowes 1 boise full Disk Encryption 2 boise sp Ce Platform 1 boise remote Access Server For Up To 5 Sessions 1 boise sp Communications Module 1 boise ras Device License 1 boise vetext Integration Support 1 boise customer Hard Drive Retention Per Server 1 boise customer Hard Drive Retention Per Robot 2 boise endpoint Security Management (per Pharmacy) 1 boise endpoint Security Management (per Server) 20 â  â  â  walla Walla sp 200/ccc (6 Slot) Service 1 walla Walla sp 50/occ 1 walla Walla sp Data Point 12 walla Walla sp Printer 6 walla Walla notice Board 40 3 walla Walla sp Kiosk 2 walla Walla scanner 4 walla Walla e Signature Device 1 walla Walla eyecon Model 9420 2 walla Walla rx Paperwork Printer 4 walla Walla smart Card Scanner 16 walla Walla ticket Window Display 2 walla Walla sp Kiosk Display 2 walla Walla audio Package System/integration With Notice Board 1 walla Walla robotic Cell Multiplexor For Robots 2 walla Walla interface 3 walla Walla eyecon Interface Controller 1 walla Walla full Disk Encryption 2 walla Walla clean Room Inspection Camera 1 walla Walla client Video Package 2 walla Walla sp Ce Platform 1 walla Walla pharmacy Services Portal 1 walla Walla remote Access Server For Up To 5 Sessions 1 walla Walla sp Communications Module 1 walla Walla ras Device License 1 walla Walla vetext Integration Support 1 walla Walla customer Hard Drive Retention Per Server 1 walla Walla customer Hard Drive Retention Per Robot 2 walla Walla endpoint Security Management (per Pharmacy) 1 walla Walla endpoint Security Management (per Server) 22 â  â  â  roseburg sp 200/ccc (6 Slot) Service 1 roseburg crs 75 1 roseburg sp Data Point 14 roseburg sp Printer 12 roseburg notice Board 40 2 roseburg e Signature Device 4 roseburg eyecon 9420 1 roseburg kvm Setup/service 1 roseburg kvm Device 8 roseburg rx Paperwork Printer 5 roseburg smart Card Scanner 17 roseburg robotic Cell Multiplexor For Robots 4 roseburg interface 3 roseburg full Disk Encryption 2 roseburg sp Ce Platform 1 roseburg remote Access Server For Up To 5 Sessions 1 roseburg sp Communications Module 1 roseburg ras Device License 1 roseburg vetext Integration Support 1 roseburg customer Hard Drive Retention Per Server 1 roseburg customer Hard Drive Retention Per Robot 2 roseburg endpoint Security Management (per Pharmacy) 1 roseburg endpoint Security Management (per Server) 22 â  â  â  eugene sp 200/ccc (6 Slot) Service 1 eugene crs 75 1 eugene sp Data Point 12 eugene sp Printer 11 eugene notice Board 40 1 eugene sp Kiosk 1 eugene e Signature Device 2 eugene eyecon 9420 1 eugene kvm Setup/service 1 eugene kvm Device 11 eugene rx Paperwork Printer 3 eugene smart Card Scanner 16 eugene ticket Window Display 1 eugene sp Kiosk Stand 1 eugene audio Speaker 1 eugene audio Package System/integration With Notice Board 1 eugene interface 4 eugene full Disk Encryption 2 eugene sp Ce Platform 1 eugene pharmacy Services Portal 1 eugene remote Access Server For Up To 5 Sessions 1 eugene sp Communications Module 1 eugene ras Device License 1 eugene vetext Integration Support 1 eugene customer Hard Drive Retention Per Server 1 eugene customer Hard Drive Retention Per Robot 2 eugene endpoint Security Management (per Pharmacy) 1 eugene endpoint Security Management (per Server) 20 â  â  â  vancouver sp 200/ccc (12 Slot) Service 1 vancouver sp Data Point 15 vancouver sp Printer 11 vancouver notice Board 32 2 vancouver notice Board 40 1 vancouver sp Kiosk 2 vancouver scanner 1 vancouver e Signature Device 2 vancouver eyecon Model 9420 2 vancouver kvm Setup/service 1 vancouver kvm Device 14 vancouver smart Card Scanner 18 vancouver ticket Window Display 3 vancouver sp Kiosk Stand 2 vancouver audio Speaker Pkg 3 vancouver audio Package System/integration With Notice Board 1 vancouver robotic Cell Multiplexor For Robots 4 vancouver interface 3 vancouver eyecon Interface Controller 1 vancouver full Disk Encryption 2 vancouver sp Ce Platform 1 vancouver remote Access Server For Up To 5 Sessions 1 vancouver sp Communications Module 1 vancouver ras Device License 1 vancouver vetext Integration Support 1 vancouver customer Hard Drive Retention Per Server 1 vancouver customer Hard Drive Retention Per Robot 1 vancouver endpoint Security Management (per Pharmacy) 1 vancouver endpoint Security Management (per Server) 25 â  â  â  portland sp 200/ccc (6 Slot) Service 1 portland sp 50/occ 1 portland sp Data Point 22 portland sp Printer 16 portland notice Board 32 3 portland notice Board 40 1 portland sp Kiosk 2 portland scanner 1 portland e Signature Device 7 portland eyecon Model 9400 2 portland kvm Setup/service 1 portland kvm Device 20 portland smart Card Scanner 26 portland ticket Window Display 5 portland sp Kiosk Stand 2 portland audio Speaker Pkg 3 portland audio Package System/integration With Notice Board 1 portland robotic Cell Multiplexor For Robots 4 portland interface 3 portland eyecon Interface Controller 1 portland full Disk Encryption 2 portland sp Ce Platform 1 portland pharmacy Services Portal 1 portland remote Access Server For Up To 5 Sessions 1 portland sp Communications Module 1 portland ras Device License 1 portland vetext Integration Support 1 portland customer Hard Drive Retention Per Server 1 portland customer Hard Drive Retention Per Robot 2 portland endpoint Security Management (per Pharmacy) 1 portland endpoint Security Management (per Server) 35 â  â  â  white City sp 200/ccc (6 Slot) Service 1 white City sp 50/occ 1 white City sp Ce Platform 1 white City sp Data Point 12 white City sp Printer 6 white City notice Board 40 2 white City sp Kiosk 1 white City scanner 6 white City e Signature Device 2 white City rx Paperwork Printer 1 white City smart Card Scanner 16 white City ticket Window Display 3 white City sp Kiosk Stand 1 white City audio Speaker Pkg 1 white City audio Package System/integration With Notice Board 1 white City robotic Cell Multiplexor For Robots 2 white City interface 2 white City full Disk Encryption 2 white City pharmacy Services Portal 1 white City remote Access Server For Up To 5 Sessions 1 white City sp Communications Module 1 white City ras Device License 1 white City vetext Integration Support 1 white City customer Hard Drive Retention Per Server 1 white City customer Hard Drive Retention Per Robot 2 white City endpoint Security Management (per Pharmacy) 1 white City endpoint Security Management (per Server) 22 â  â  â  spokane sp 200/ccc (6 Slot) Service 1 spokane crs 75 1 spokane sp Ce Platform 1 spokane sp Ce Platform 1 spokane sp Data Point 13 spokane sp Printer 8 spokane sp Printer 1 spokane scanner 3 spokane e Signature Device 3 spokane eyecon Model 9400 2 spokane kvm Setup/service 2 spokane kvm Device 4 spokane rx Paperwork Printer 2 spokane smart Card Scanner 3 spokane robotic Cell Multiplexor For Robots 4 spokane standard Interface 3 spokane custom Interface 1 spokane eyecon Interface Controller 1 spokane full Disk Encryption 2 spokane remote Access Server For Up To 5 Sessions 1 spokane sp Communications Module 1 spokane ras Device License 1 spokane vetext Integration Support 1 spokane customer Hard Drive Retention Per Server 1 spokane customer Hard Drive Retention Per Robot 2 spokane endpoint Security Management (per Pharmacy) 1 spokane endpoint Security Management (per Server) 24 â  â  â  puget Sound - Seattle - Inpatient crs 75 1 puget Sound - Seattle sp 200/ccc (6 Slot) Service 1 puget Sound - Seattle sp 50/occ 1 puget Sound - Seattle sp Data Point 15 puget Sound - Seattle sp Printer 12 puget Sound - Seattle notice Board 40 1 puget Sound - Seattle scanner 4 puget Sound - Seattle e Signature Device 3 puget Sound - Seattle rx Paperwork Printer 7 puget Sound - Seattle smart Card Scanner 20 puget Sound - Seattle robotic Cell Multiplexor For Robots 4 puget Sound - Seattle interface 2 puget Sound - Seattle full Disk Encryption 2 puget Sound - Seattle scanner 3 puget Sound - Seattle sp Ce Platform 1 puget Sound - Seattle remote Access Server For Up To 5 Sessions 1 puget Sound - Seattle sp Communications Module 1 puget Sound - Seattle ras Device License 1 puget Sound - Seattle vetext Integration Support 1 puget Sound - Seattle customer Hard Drive Retention Per Server 1 puget Sound - Seattle customer Hard Drive Retention Per Robot 2 puget Sound - Seattle endpoint Security Management (per Pharmacy) 1 puget Sound - Seattle endpoint Security Management (per Server) 22 â  â  â  puget Sound - Aml sp 200/ccc (6 Slot) Service 1 puget Sound - Aml sp 50/occ 1 puget Sound - Aml sp Data Point 12 puget Sound - Aml sp Printer 9 puget Sound - Aml notice Board 40 1 puget Sound - Aml scanner 2 puget Sound - Aml e Signature Device 4 puget Sound - Aml rx Paperwork Printer 4 puget Sound - Aml smart Card Scanner 15 puget Sound - Aml robotic Cell Multiplexor For Robots 4 puget Sound - Aml interface 2 puget Sound - Aml full Disk Encryption 2 puget Sound - Aml sp Ce Platform 1 puget Sound - Aml remote Access Server For Up To 5 Sessions 1 puget Sound - Aml sp Communications Module 1 puget Sound - Aml ras Device License 1 puget Sound - Aml vetext Integration Support 1 puget Sound - Aml customer Hard Drive Retention Per Server 1 puget Sound - Aml customer Hard Drive Retention Per Robot 2 puget Sound - Aml endpoint Security Management (per Pharmacy) 1 puget Sound - Aml endpoint Security Management (per Server) 19 â  â  â  alaska sp 200/occ Service 1 alaska sp Central Platform 1 alaska sp Data Point 8 alaska sp Printer 8 alaska notice Board 40 1 alaska pharmacy Image Server 2 alaska paper Prescription Input Scanner 5 alaska wireless Scanner 1 alaska e Signature Device 2 alaska eyecon Model 9420 1 alaska eyecon Model 9400 1 alaska rx Paperwork Printer 1 alaska smart Card Scanner 1 alaska interface 3 alaska eyecon Interface Controller 1 alaska full Disk Encryption 2 alaska remote Access Server For Up To 5 Sessions 1 alaska sp Communications Module 1 alaska ras Device License 1 alaska vetext Integration Support 1 alaska customer Hard Drive Retention Per Server 1 alaska customer Hard Drive Retention Per Robot 1 alaska endpoint Security Management (per Pharmacy) 1 alaska endpoint Security Management (per Server) 13

Details: Description Philippine Bidding Documents (as Harmonized With Development Partners) Improvement Of Water System At Western Visayas Goat Nuclues Farm, Brgy. Calamigan, Concepcion, Iloilo Bid No. Agr-25-147-b Iloilo Provincial Government Sixth Edition Table Of Contents Glossary Of Terms, Abbreviations, And Acronyms 3 Section I. Invitation To Bid 6 Section Ii. Instructions To Bidders 8 1. Scope Of Bid 8 2. Funding Information 8 3. Bidding Requirements 8 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices 8 5. Eligible Bidders 9 6. Origin Of Associated Goods 9 7. Subcontracts 9 8. Pre-bid Conference 9 9. Clarification And Amendment Of Bidding Documents 9 10. Documents Comprising The Bid: Eligibility And Technical Components 10 11. Documents Comprising The Bid: Financial Component 10 12. Alternative Bids 10 13. Bid Prices 10 14. Bid And Payment Currencies 11 15. Bid Security 11 16. Sealing And Marking Of Bids 11 17. Deadline For Submission Of Bids 11 18. Opening And Preliminary Examination Of Bids 11 19. Detailed Evaluation And Comparison Of Bids 12 20. Post Qualification 12 21. Signing Of The Contract 12 Section Iii. Bid Data Sheet 13 Section Iv. General Conditions Of Contract 15 1. Scope Of Contract 15 2. Sectional Completion Of Works 15 3. Possession Of Site 15 4. The Contractor’s Obligations 15 5. Performance Security 16 6. Site Investigation Reports 16 7. Warranty 16 8. Liability Of The Contractor 16 9. Termination For Other Causes 16 10. Dayworks 17 11. Program Of Work 17 12. Instructions, Inspections And Audits 17 13. Advance Payment 17 14. Progress Payments 17 15. Operating And Maintenance Manuals 17 Section V. Special Conditions Of Contract 18 Section Vi. Specifications 19 Section Vii. Drawings 23 Section Viii. Bill Of Quantities 25 Section Ix. Checklist Of Technical And Financial Documents 28 Glossary Of Terms, Abbreviations, And Acronyms Abc – Approved Budget For The Contract. Arcc – Allowable Range Of Contract Cost. Bac – Bids And Awards Committee. Bid – A Signed Offer Or Proposal To Undertake A Contract Submitted By A Bidder In Response To And In Consonance With The Requirements Of The Bidding Documents. Also Referred To As Proposal And Tender. (2016 Revised Irr, Section 5[c]) Bidder – Refers To A Contractor, Manufacturer, Supplier, Distributor And/or Consultant Who Submits A Bid In Response To The Requirements Of The Bidding Documents. (2016 Revised Irr, Section 5[d]) Bidding Documents – The Documents Issued By The Procuring Entity As The Bases For Bids, Furnishing All Information Necessary For A Prospective Bidder To Prepare A Bid For The Goods, Infrastructure Projects, And/or Consulting Services Required By The Procuring Entity. (2016 Revised Irr, Section 5[e]) Bir – Bureau Of Internal Revenue. Bsp – Bangko Sentral Ng Pilipinas. Cda – Cooperative Development Authority . Consulting Services – Refer To Services For Infrastructure Projects And Other Types Of Projects Or Activities Of The Gop Requiring Adequate External Technical And Professional Expertise That Are Beyond The Capability And/or Capacity Of The Gop To Undertake Such As, But Not Limited To: (i) Advisory And Review Services; (ii) Pre-investment Or Feasibility Studies; (iii) Design; (iv) Construction Supervision; (v) Management And Related Services; And (vi) Other Technical Services Or Special Studies. (2016 Revised Irr, Section 5[i]) Contract – Refers To The Agreement Entered Into Between The Procuring Entity And The Supplier Or Manufacturer Or Distributor Or Service Provider For Procurement Of Goods And Services; Contractor For Procurement Of Infrastructure Projects; Or Consultant Or Consulting Firm For Procurement Of Consulting Services; As The Case May Be, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. Contractor – Is A Natural Or Juridical Entity Whose Proposal Was Accepted By The Procuring Entity And To Whom The Contract To Execute The Work Was Awarded. Contractor As Used In These Bidding Documents May Likewise Refer To A Supplier, Distributor, Manufacturer, Or Consultant. Cpi – Consumer Price Index. Dole – Department Of Labor And Employment. Dti – Department Of Trade And Industry. Foreign-funded Procurement Or Foreign-assisted Project – Refers To Procurement Whose Funding Source Is From A Foreign Government, Foreign Or International Financing Institution As Specified In The Treaty Or International Or Executive Agreement. (2016 Revised Irr, Section 5[b]). Gfi – Government Financial Institution. Gocc – Government-owned And/or –controlled Corporation. Goods – Refer To All Items, Supplies, Materials And General Support Services, Except Consulting Services And Infrastructure Projects, Which May Be Needed In The Transaction Of Public Businesses Or In The Pursuit Of Any Government Undertaking, Project Or Activity, Whether In The Nature Of Equipment, Furniture, Stationery, Materials For Construction, Or Personal Property Of Any Kind, Including Non-personal Or Contractual Services Such As The Repair And Maintenance Of Equipment And Furniture, As Well As Trucking, Hauling, Janitorial, Security, And Related Or Analogous Services, As Well As Procurement Of Materials And Supplies Provided By The Procuring Entity For Such Services. The Term “related” Or “analogous Services” Shall Include, But Is Not Limited To, Lease Or Purchase Of Office Space, Media Advertisements, Health Maintenance Services, And Other Services Essential To The Operation Of The Procuring Entity. (2016 Revised Irr, Section 5[r]) Gop – Government Of The Philippines. Infrastructure Projects – Include The Construction, Improvement, Rehabilitation, Demolition, Repair, Restoration Or Maintenance Of Roads And Bridges, Railways, Airports, Seaports, Communication Facilities, Civil Works Components Of Information Technology Projects, Irrigation, Flood Control And Drainage, Water Supply, Sanitation, Sewerage And Solid Waste Management Systems, Shore Protection, Energy/power And Electrification Facilities, National Buildings, School Buildings, Hospital Buildings, And Other Related Construction Projects Of The Government. Also Referred To As Civil Works Or Works. (2016 Revised Irr, Section 5[u]) Lgus – Local Government Units. Nfcc – Net Financial Contracting Capacity. Nga – National Government Agency. Pcab – Philippine Contractors Accreditation Board. Philgeps - Philippine Government Electronic Procurement System. Procurement Project – Refers To A Specific Or Identified Procurement Covering Goods, Infrastructure Project Or Consulting Services. A Procurement Project Shall Be Described, Detailed, And Scheduled In The Project Procurement Management Plan Prepared By The Agency Which Shall Be Consolidated In The Procuring Entity's Annual Procurement Plan. (gppb Circular No. 06-2019 Dated 17 July 2019) Psa – Philippine Statistics Authority. Sec – Securities And Exchange Commission. Slcc – Single Largest Completed Contract. Un – United Nations. Republic Of The Philippines Iloilo Provincial Government Section I. Invitation To Bid For Improvement Of Water System At Western Visayas Goat Nuclues Farm, Calamigan, Concepcion, Iloilo Bid No. Agr-25-147-b 1. The Iloilo Provincial Government, Through The 20% Nta Development Fund Fy 2025 Intends To Apply The Sum Of Five Hundred Thousand Pesos (p500,000.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For Agr-25-147-b For The Improvement Of Water System At Western Visayas Goat Nucleus Farm, Calamigan, Concepcion, Iloilo For The Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2. The Iloilo Provincial Government Now Invites Bids For The Above Procurement Project. Completion Of The Works Is Required Sixty (60) Calendar Days. Bidders Should Have Completed 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 Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. 4. Interested Bidders May Obtain Further Information From The Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines And Inspect The Bidding Documents At The Address Given Below From 8:00am To 5:00pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On April 02, 2025 From Given Address And Website/s Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of One Thousand Pesos (p1, 000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees In Person. 6. The Iloilo Provincial Government Will Hold A Pre-bid Conference On None At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines, And/or Through Videoconferencing/webcasting Via Zoom Conference Which Shall Be Open To Prospective Bidders. The Default Meeting Id And Password Shall Be: Meeting Id: 4340851724 // Password: 0922 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City On Or Before April 10, 2025, 9:00 A.m. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On April 10, 2025, 9:01 A.m. At Bids And Awards Committee Secretariat, 5th Floor, New Iloilo Provincial Capitol, Bonifacio Drive, Iloilo City, Philippines. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10. The Iloilo Provincial Government Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations (irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11. For Further Information, Please Refer To: Atty. Raemman M. Lagrada Head, Bac Secretariat 5f New Iloilo Provincial Capitol Bonifacio Drive, Iloilo City Tel. No. (33) 336-0736 Fax No. (33) 337-7731 Email: Ipg_bacs@yahoo.com 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Www.iloilo.gov.ph March 26, 2025 Atty. Dennis T. Ventilacion Bac Chairperson Section Ii. Instructions To Bidders 1. Scope Of Bid The Procuring Entity, Iloilo Provincial Government Invites Bids For The Improvement Of Water System At Western Visayas Goat Nucleus Farm, Calamigan, Concepcion, Iloilo, With Project Identification Number Agr-25-147-b. The Procurement Project (referred To Herein As “project”) Is For The Construction Of Works, As Described In Section Vi (specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For 2025 In The Amount Of Five Hundred Thousand Pesos ( ₱ 500,000.00) 2.2. The Source Of Funding Is: A.) Lgu’s, 20% Nta Development Fund Fy 2025, As Approved By Sanggunian. 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Characteristics Of The Contracted Works And The Conditions For This Project, Such As The Location And The Nature Of The Work; (b) Climatic Conditions; (c) Transportation Facilities; (c) Nature And Condition Of The Terrain, Geological Conditions At The Site Communication Facilities, Requirements, Location And Availability Of Construction Aggregates And Other Materials, Labor, Water, Electric Power And Access Roads; And (d) Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Contractors, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. The Bidder Must Have An Experience Of Having Completed A Single Largest Completed Contract (slcc) That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc Adjusted, If Necessary, By The Bidder To Current Prices Using The Psa’s Cpi, Except Under Conditions Provided For In Section 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184. A Contract Is Considered To Be “similar” To The Contract To Be Bid If It Has The Major Categories Of Work Stated In The Bds. 5.3. For Foreign-funded Procurement, The Procuring Entity And The Foreign Government/foreign Or International Financing Institution May Agree On Another Track Record Requirement, As Specified In The Bidding Document Prepared For This Purpose. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Associated Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Fifty Percent (50%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address At Bac Office, 5th Floor, New Iloilo Provincial Capitol, Iloilo City And/or Through Videoconferencing As Indicated In Paragraph 6 Of The Ib. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 10.2. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 10.3. In Joint Ventures, A Special Pcab License, And Registration For The Type And Cost Of The Contract For This Project, Shall Be Required. Any Additional Type Of Contractor License Or Permit Shall Be Indicated In The Bds. 10.4. A List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen) Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data Shall Be Provided. These Key Personnel Must Meet The Required Minimum Years Of Experience Set In The Bds. 10.5. A List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership, Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be, Must Meet The Minimum Requirements For The Contract Set In The Bds. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Ix. Checklist Of Technical And Financial Documents. 11.2. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.3. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 12. Alternative Bids Bidders Shall Submit Offers That Comply With The Requirements Of The Bidding Documents, Including The Basic Technical Design As Indicated In The Drawings And Specifications. Unless There Is A Value Engineering Clause In The Bds, Alternative Bids Shall Not Be Accepted. 13. Bid Prices All Bid Prices For The Given Scope Of Work In The Project As Awarded Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Determined By The Neda And Approved By The Gppb Pursuant To The Revised Guidelines For Contract Price Escalation Guidelines. 14. Bid And Payment Currencies 14.1. Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: A. Philippine Pesos. 15. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until August 08, 2025 Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 16. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 17. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 18. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, All Bids And Combinations Of Bids As Indicated In The Bds 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 Security As Required By Itb Clause 16 Shall Be Submitted For Each Contract (lot) Separately. 19.3. In All Cases, The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184 Must Be Sufficient For The Total Of The Abcs For All The Lots Participated In By The Prospective Bidder. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Section Iii. Bid Data Sheet Itb Clause 5.2 For This Purpose, Contracts Similar To The Project Refer To Contracts Which Have The Same Major Categories Of Work, Which Shall Be: A) Installation Of Water Tank B) Establishment Of Dugwell With Cover C) Installation Of Centrifugal Pump Motor With Pipe Connections D) Electrical Works 7.1 The Procuring Entity Has Prescribed That Subcontracting Is Not Allowed. 10.3 Special Philippines Contractors Accreditors Board License 10.4 The Key Personnel Must Meet The Required Minimum Years Of Experience Set Below: Key Personnel General Experience Relevant Experience Project Engineer 1 Year 1 Year Material Engineer 1 Year 1 Year Electrical Engineer 1 Year 1 Year Agricultural & Biosystems Engineer 1 Year 1 Year Health & Safety Officer 1 Year 1 Year 10.5 The Minimum Major Equipment Requirements Are The Following: Equipment Capacity Number Of Units Welding Machine - 1 One Bagger Mixer - 1 Minor Tools - 12 Alternative Bids Are Not Allowed 15.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. The Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. The Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 16 Bidders Shall Prepare An Original Of The First (eligibility And Technical) And Second (financial) Envelopes. In Addition, Bidders Shall Submit Separate Copies Of The First And Second Envelopes (copy 1, Copy 2) And Each Set Of Documents Must Clearly Indicate Whether The Same Is Original, Copy 1, Or Copy 2. In The Event Of Any Discrepancy Between The Original And The Copies, The Original Shall Prevail. 16.1 All Envelopes Shall: A. Contain The Name Of The Contract To Be Bid In Capital Letters: “improvement Of Water System At Western Visayas Goat Nucleus Farm, Calamigan, Concepcion, Iloilo” B. Bear The Name And Address Of The Bidder In Capital Letters; C. Addressed To: Atty. Dennis T. Ventilacion, Chairperson, Bids And Awards Committee: D. Bear The Specific Identification Of This Procurement: “agr-25-147-b” E. Bear A Warning “do Not Open Before April 10, 2025” Indicating The Date And Time For The Submission Of Bids On The Blank: 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. Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder 19.2 Partial Bids Are Not Allowed 20 No Further Instructions. 21 The Additional Contract Documents Relevant To The Project That Are Required By The Procuring Entity Are: A. Construction Schedule And S-curve; B. Manpower Schedule; C. Construction Methods; D. Equipment Utilization Schedule; E. Construction Safety And Health Program Approved By The Department Of Labor And Employment; And F. Pert/cpm Section Iv. General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. 2. Sectional Completion Of Works If Sectional Completion Is Specified In The Special Conditions Of Contract (scc), References In The Conditions Of Contract To The Works, The Completion Date, And The Intended Completion Date Shall Apply To Any Section Of The Works (other Than References To The Completion Date And Intended Completion Date For The Whole Of The Works). 3. Possession Of Site 4.1. The Procuring Entity Shall Give Possession Of All Or Parts Of The Site To The Contractor Based On The Schedule Of Delivery Indicated In The Scc, Which Corresponds To The Execution Of The Works. If The Contractor Suffers Delay Or Incurs Cost From Failure On The Part Of The Procuring Entity To Give Possession In Accordance With The Terms Of This Clause, The Procuring Entity’s Representative Shall Give The Contractor A Contract Time Extension And Certify Such Sum As Fair To Cover The Cost Incurred, Which Sum Shall Be Paid By Procuring Entity. 4.2. If Possession Of A Portion Is Not Given By The Above Date, The Procuring Entity Will Be Deemed To Have Delayed The Start Of The Relevant Activities. The Resulting Adjustments In Contract Time To Address Such Delay May Be Addressed Through Contract Extension Provided Under Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 4. The Contractor’s Obligations The Contractor Shall Employ The Key Personnel Named In The Schedule Of Key Personnel Indicating Their Designation, In Accordance With Itb Clause 10.3 And Specified In The Bds, To Carry Out The Supervision Of The Works. The Procuring Entity Will Approve Any Proposed Replacement Of Key Personnel Only If Their Relevant Qualifications And Abilities Are Equal To Or Better Than Those Of The Personnel Listed In The Schedule. 5. Performance Security 5.1. Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 5.2. The Contractor, By Entering Into The Contract With The Procuring Entity, Acknowledges The Right Of The Procuring Entity To Institute Action Pursuant To Ra No. 3688 Against Any Subcontractor Be They An Individual, Firm, Partnership, Corporation, Or Association Supplying The Contractor With Labor, Materials And/or Equipment For The Performance Of This Contract. 6. Site Investigation Reports The Contractor, In Preparing The Bid, Shall Rely On Any Site Investigation Reports Referred To In The Scc Supplemented By Any Information Obtained By The Contractor. 7. Warranty 7.1. In Case The Contractor Fails To Undertake The Repair Works Under Section 62.2.2 Of The 2016 Revised Irr, The Procuring Entity Shall Forfeit Its Performance Security, Subject Its Property(ies) To Attachment Or Garnishment Proceedings, And Perpetually Disqualify It From Participating In Any Public Bidding. All Payables Of The Gop In His Favor Shall Be Offset To Recover The Costs. 7.2. The Warranty Against Structural Defects/failures, Except That Occasioned-on Force Majeure, Shall Cover The Period From The Date Of Issuance Of The Certificate Of Final Acceptance By The Procuring Entity. Specific Duration Of The Warranty Is Found In The Scc. 8. Liability Of The Contractor Subject To Additional Provisions, If Any, Set Forth In The Scc, The Contractor’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Contractor Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. 9. Termination For Other Causes Contract Termination Shall Be Initiated In Case It Is Determined Prima Facie By The Procuring Entity That The Contractor Has Engaged, Before, Or During The Implementation Of The Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation, Such As, But Not Limited To Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices As Stated In Itb Clause 4. 10. Dayworks Subject To The Guidelines On Variation Order In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184, And If Applicable As Indicated In The Scc, The Dayworks Rates In The Contractor’s Bid Shall Be Used For Small Additional Amounts Of Work Only When The Procuring Entity’s Representative Has Given Written Instructions In Advance For Additional Work To Be Paid For In That Way. 11. Program Of Work 11.1. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval The Said Program Of Work Showing The General Methods, Arrangements, Order, And Timing For All The Activities In The Works. The Submissions Of The Program Of Work Are Indicated In The Scc. 11.2. The Contractor Shall Submit To The Procuring Entity’s Representative For Approval An Updated Program Of Work At Intervals No Longer Than The Period Stated In The Scc. If The Contractor Does Not Submit An Updated Program Of Work Within This Period, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From The Next Payment Certificate And Continue To Withhold This Amount Until The Next Payment After The Date On Which The Overdue Program Of Work Has Been Submitted. 12. Instructions, Inspections And Audits The Contractor Shall Permit The Gop Or The Procuring Entity To Inspect The Contractor’s Accounts And Records Relating To The Performance Of The Contractor And To Have Them Audited By Auditors Of The Gop Or The Procuring Entity, As May Be Required. 13. Advance Payment The Procuring Entity Shall, Upon A Written Request Of The Contractor Which Shall Be Submitted As A Contract Document, Make An Advance Payment To The Contractor In An Amount Not Exceeding Fifteen Percent (15%) Of The Total Contract Price, To Be Made In Lump Sum, Or At The Most Two Installments According To A Schedule Specified In The Scc, Subject To The Requirements In Annex “e” Of The 2016 Revised Irr Of Ra No. 9184. 14. Progress Payments The Contractor May Submit A Request For Payment For Work Accomplished. Such Requests For Payment Shall Be Verified And Certified By The Procuring Entity’s Representative/project Engineer. Except As Otherwise Stipulated In The Scc, Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15. Operating And Maintenance Manuals 15.1. If Required, The Contractor Will Provide “as Built” Drawings And/or Operating And Maintenance Manuals As Specified In The Scc. 15.2. If The Contractor Does Not Provide The Drawings And/or Manuals By The Dates Stated Above, Or They Do Not Receive The Procuring Entity’s Representative’s Approval, The Procuring Entity’s Representative May Withhold The Amount Stated In The Scc From Payments Due To The Contractor. Section V. Special Conditions Of Contract Gcc Clause 2 As Per Construction Schedule/contract Period 3.1 The Procuring Entity Shall Give Possession Of All Parts Of The Site To The Contractor Upon Effectivity Of The Contracts. 6 No Further Instructions 7.2 [in Case Of Permanent Structures, Such As Buildings Of Types 4 And 5 As Classified Under The National Building Code Of The Philippines And Other Structures Made Of Steel, Iron, Or Concrete Which Comply With Relevant Structural Codes (e.g., Dpwh Standard Specifications), Such As, But Not Limited To, Steel/concrete Bridges, Flyovers, Aircraft Movement Areas, Ports, Dams, Tunnels, Filtration And Treatment Plants, Sewerage Systems, Power Plants, Transmission And Communication Towers, Railway System, And Other Similar Permanent Structures:] Fifteen (15) Years. 10 Dayworks Are Applicable At The Rate Shown In The Contractor’s Original Bid. 11.1 No Further Instructions 11.2 No Further Instructions 13 The Amount Of The Advance Shall Not Exceed 15% Of The Total Contract Price. 14 Materials And Equipment Delivered On The Site But Not Completely Put In Place Shall Not Be Included For Payment. 15.1 The Date By Which Operating And Maintenance Manuals Are Required Shall Be At Least 5 Days Before The Testing And Commissioning. The Date By Which “as Built” Drawings Are Required Shall Be At Least 10 Days Prior To The Final Billing. 15.2 The Amount To Be Withheld For Failing To Produce “as Built” Drawings And/or Operating And Maintenance Manuals By The Date Required Is 1% Of The Final Contract Amount. Section Vi. Specification General Requirements All Works To Be Done Shall Be With First Class Workmanship And Shall Conform To The Plans And Specifications. All Materials To Be Used Shall Be Of Good Quality And Properly Inspected By The Project Engineer. The Provincial Agriculturist Is Reserved The Right To Rescind, Terminate, Suspend The Contract If He Deems Necessary And To The Best Interest Of The Government. The Contractor Shall Be Liable For All Damages That Will Occur During The Construction Of The Project. Scope Of Work The Works Include Furnishing Of Labor, Materials, Tools, Equipment’s And Other Incidentals Necessary To Complete The Project Such As Clearing, Grubbing & Staking, Excavation Works, Backfill, Concreting, Steel Works, Form Works, Pre-painted Rib Type Wall, Plastering Works, Roofing Works, Ceiling Works, Doors, Rice Mill, Water Tank, Electrical Works. General Condition A. The Works To Be Done Herein Shall Be The Construction Of Rice Mill As Of Approved And Of Quality Materials Completed As Per Plans, Details And Specifications. Supervision Of The Work Shall Be Done Under The Responsibility Of The Project Engineer With The Help Of The Construction Foreman. B. All Materials Employed And To Be Used In The Construction Shall Be Brand New, Unless Otherwise Or As Directed And Approved By The Project Engineer. C. Skilled Workmen And Workmanship Subject To Project Engineer’s Approval Shall Perform Methods Of The Construction In The Most Acceptable Manner. D. The Drawings Referred To In The Specifications Including Supplementary One, To Be Furnished As The Work Progress Are Intended To Cooperate With The Specification And To Form Part Hereof. Where Figures Are Given, They Are To Be Followed In Performance To Measurement By Scale. E. The Assigned Engineer Or Construction Foreman Shall Lay – Out The Building In Accordance With The Drawings And Directions On Plans As He Shall Not Only Responsible But Liable For Any Failure To Comply In This Respect With The Said Drawings, Specifications And Directions For Its Due And Accurate Location On The Lot. Project Sign Board / Billboard The Contractor Shall Ensure That The Project Site Is Identified With Information Billboard Which Shall Be Erected At The Beginning And Ending Of The Proposed Project. The Layout Of The Billboard Shall Accord To The Specifications Pursuant To The Commission On Audit (coa) Circular No. 2013-004 Issued On January 30, 2013. Coa Billboard Projects Status Project Status Remarks Duration Started Target Date Of Completion Percentage Of Completion As Of (date) Cost Incurred To Date Date Completed Pao Billboard Republic Of The Philippines Province Of Iloilo Provincial Agriculture Office Iloilo City Name Of Project: Location Of Project: Contractor: Implementing Agency: Appropriation: Fund Source: Contract Duration: Project Starting Date: Project Completion Date: Another Priority Project Of The Iloilo Provincial Government The Billboard’s Specifications Shall Conform To The Following Requirements: A. Tarpaulin, White 8ft X 8ft (coa) 4ft X 8ft (pao) B. Resolution 70 Dpi; C. Font Helvetica; D. Font Size: Main Information – 3”; E. Sub Information – 1”; F. Font Color: Black; G. Suitable Frame: Rigid Wood Or Steel Frame With Post; And, H. Posting: Outside Display At The Project Location After Award Has Been Made. Measurement The Supply And Erection Of The Project Billboard Shall Be In Accordance With Provisions Of This Specifications. Basis Of Payment No Additional Payment Shall Be Made In This Regard. Description Of Works: Clearing And Grubbing Clearing And Grubbing And Cutting Of Trees Shall Include Handling, Salvaging, Piling And Disposing Off The Cleared Materials With All Leads And Lifts. Trees Shall Be Cut In Sections From The Top Downwards. All Timber Shall Not Be Used By The Contractor For Any Purpose And Shall Remain The Property Of The Provincial Agriculture Office. Clearing Shall Consist Of The Cutting, Removing And Disposal Of All Trees, Bushes, Shrubs, Grass, Weeds, Other Vegetation, Anthills, Rubbish, Fences, Top Organic Soil And Rocks And Boulders Exposed Or Lying On The Surface. The Construction Site Shall Be Leveled According To The Plans And Cleared Of Rubbish, Roots And Other Perishable And Objectionable Matters To A Suitable Subgrade. All Such Unsuitable Materials Shall Be Removed From The Construction Site And Spread Uniformly Over The Areas Adjacent To The Proposed Building, Or Otherwise Disposed Of As Maybe Directed By The Architect/engineer In-charge Of The Construction. Materials Obtained From Clearing And Grubbing Shall Be Disposed Off In Borrow Pits Or Other Suitable Places And Be Covered Up With Soil Or Gravel As Directed By The Engineer. The Burning Of Combustible Materials Shall Not Be Permitted. During The Period Of Commencement Of Works, The Contractor Shall Survey The Construction Area And Confirm The Levels. He Shall Immediately Notify The Engineer Of Any Discrepancies And Shall Agree With The Engineer Any Amended Values On The Plan. All Stations And Reference Points Shall Be Clearly Marked And Protected To The Satisfaction Of The Engineer. All Working Benchmarks Shall Be Near Major/medium Structure Sites. Accurate Establishment Of The Centerlines Based On The Drawing Is Required. The Existing Profile And Cross-section Shall Be Jointly Taken With The Engineer. Excavation Foundation Trench Shall Be Dug To The Exact Width And Depth And Levels As Indicated In The Drawings. Sides Of The Trenches Shall Be Vertical. In Case Soil Does Not Permit Vertical Sides, The Contractor Shall Protect The Sides With Timber Shoring. Excavated Earth Shall Not Be Placed Within 1.5 Meters Of The Edge Of The Trench. The Project Engineer May Direct The Contractor To Be Excavated Earth At A Particular Site Up To 30 Meters Away From The Proposed Building. No Excavation Or Foundation Work Shall Be Filled In Or Covered Up Before The Inspection And Approval Of The Project Engineer. Concrete Works A. General: All Concrete Works To Be Done Herein Shall Be In Accordance With Aci Requirement And/ Or Standard Specifications As Adopted By The Government. B. Cement Shall Be Portland Cement (type 1) With 40 Kgs/bag. C. Fine Aggregates Shall Be Clean Hold River Sand, Free From Injurious Amount Of Clay, Loam And Vegetable Matter. D. Coarse Aggregates Shall Be River Run Gravel Or Broken Stones. The Maximum Size Shall Be 1/5 Of The Nearest Dimensions Between Side Forms Of The Concrete Members Or ¾ The Maximum Clear Spacing Between Reinforcing Bars. E. Reinforcing Bars: Reinforcing Bars Shall Be Intermediate Grade And Deformed And Shall Have Minimum Yield Strength Of 275 Mpa (40,000 Psi) F. The Wires Shall Be Locally Produced G.i. Wire Gauge No. 16. G. Placing Reinforcement And Miscellaneous Materials: Provide Bars, Wire Fabrics, Wire Ties, Supports And Other Devices Necessary To Install And Secure Reinforcement. Reinforcement Shall Not Contain Rust, Scale Oil, Grease Clay And Foreign Substances That Would Reduce The Bond. Rusting Of Reinforcement Is A Basis Of Rejection If The Effective Cross Sectional Area Of The Normal Weight Per Foot Of The Reinforcement Has Been Reduced To Less Than Specified In Paragraph Entitled “reinforcing Bars”. Remove Loose Rust Prior To Placing Of Steel. H. Proportioning Of Concrete For Concrete Works Use 1:2:4 I. All Concrete Cured For Least Seven (7) Days To Twenty-eight (28) Days If Possible After Placement To Attain The Required Strength Of Concrete. J. Removal Of Forms: Forms Shall Be Removed In Such A Manner As Not To Impair The Safety And Serviceability Of The Structures. Installation Of Water Tank Use Brand New 2000 Liters Vertical Stainless Water Tank And 2”x2”x4mm Angle Bars With Two (2) Coats Of Metal Primer For The Tank Stand. Establishment Of Dugwell With Cover For The Installation Of The Dugwell, Use 610mm Rc Pipe. For Concrete Works, Use A Mix Ratio Of 1:2:4 For The Dugwell Cover, With 150mm Cement Mortar And A Wall Thickness Of 100 Mm For Both Inside And Outside Diameter. Cement Shall Be Portland Cement (type 1) With A Weight Of 40 Kgs/bag. Reinforcing Bars: Reinforcing Bars Shall Be Intermediate Grade And Deformed And Shall Have Minimum Yield Strength Of 275 Mpa (40,000 Psi). Installation Of Centrifugal Pump Motor With Pipe Connections Use A 1.5 Hp Centrifugal Pump Motor With A 2”x3m Pvc Blue Pipe For Suction, Along With A 2” Foot Valve. For The Discharge, Use 1 ¼” Hdpe Sdr 11. Electrical Works The Electrical Installation Shall Be Done In Accordance With The Approved Plans And Under The Direct Supervision And Control Of A Professional Electrical Engineer And Or Registered Electrical Engineer. All Electrical Works And Materials Shall Conform To The Provisions Of The Latest Edition Of The Philippine National Electrical Code. There Shall Only One Service To Be Dropped From The Nearest Or Local Electrical Company Pole For The Proposed Building. See Attached Plans For Details And Specifications. Section Vii. Drawings All Annexes Shall Be Annexed And The Title Shall Be Specified As To What Plan The Drawing Pertain To Annex A – Architectural Design Annex B- Project Billboard Plan Section Viii. Bill Of Quantities Bid No. Agr- 25-147-b Item Description Quantity Unit Unit Cost Total Cost No. I. Clearing And Grubbing 209 Sq.m Pesos And Ctvs. (p ) / Sq.m P Ii. Excavation 0.71 Cu.m Pesos And Ctvs. (p ) / Cu.m P Iii. Concrete Works A. Concreting 0.74 Cu.m Pesos And Ctvs. (p ) / Cu.m P B. Steel Works 66.53 Kgs Pesos And Ctvs. (p ) / Kgs P C. Form Works 3.60 Sq. M Pesos And Ctvs. (p ) / Sq.m P Itemno. Description Quantity Unit Unit Cost Total Cost Iv. Installation Of Water Tank 1 Lot Pesos And Ctvs. (p ) / Lot P V. Establishment Of Dugwell With Cover 1 Lot Pesos And Ctvs. (p ) / Lot P Vi. Installation Of Centrifugal Pump Motor With Pipe Connections 1 Lot Pesos And Ctvs. (p )/lot P Vii. Electrical Works 1 Lot Pesos And Ctvs. (p )/ Lot P Total Bid Cost In Figures P Total Bid Cost In Words Summary Of Costs Item No. Bid Amount I. Clearing And Grubbing ₱ ________________________________ Ii. Excavation ₱ ________________________________ Iii. Concrete Works A. Concreting ₱ ________________________________ B. Steel Works ₱ ________________________________ C. Formworks ₱ ________________________________ Iv. Installation Of Water Tank ₱ ________________________________ V. Establishment Of Dugwell With Cover ₱ ________________________________ Vi. Installation Of Centrifugal Pump Motor With Pipe Connections ₱ ________________________________ Vii. Electrical Works ₱ ________________________________ Total Bid Amount ₱ ________________________________ Section Ix. Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) 1. Registration Certificate From Sec, Department Of Trade And Industry (dti) For Sole Proprietorship Or Cda For Cooperatives, Or Any Proof Of Such Registration. 2. Mayor’s Permit Issued By The City Or Municipality – Where The Principal Place Of Business Of The Prospective Bidder Is Located; 3. Tax Clearance Per Executive Order 398, Series Of 2005, A S Finally Reviewed And Approved By The Bir 4. Audited Financial Statements, Showing, Among Others, The Prospective Total And Current Assets And Liabilities, Stamped “received” By The Bir Or Its Duly Accredited And Authorized Institutions For The Preceding Calendar Year Which Should Not Be Earlier Than Two (2) Years From The Date Of Bid Submission; For The Type And Cost Of The Contract To Be Bid Technical Documents ⬜ (b) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided Under The Rules; And ⬜ (d) Special Pcab License In Case Of Joint Ventures; And Registration For The Type And Cost Of The Contract To Be Bid; And ⬜ (e) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And (f) Project Requirements, Which Shall Include The Following: ⬜ A. Organizational Chart For The Contract To Be Bid; ⬜ B. List Of Contractor’s Key Personnel (e.g., Project Manager, Project Engineers, Materials Engineers, And Foremen), To Be Assigned To The Contract To Be Bid, With Their Complete Qualification And Experience Data; ⬜ C. List Of Contractor’s Major Equipment Units, Which Are Owned, Leased, And/or Under Purchase Agreements, Supported By Proof Of Ownership Or Certification Of Availability Of Equipment From The Equipment Lessor/vendor For The Duration Of The Project, As The Case May Be; And ⬜ (g) Original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (h) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc). Class “b” Documents ⬜ (i) If Applicable, Duly Signed Joint Venture Agreement (jva) In Accordance With Ra No. 4566 And Its Irr In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And Other Documentary Requirements Under Ra No. 9184 ⬜ (k) Original Of Duly Signed Bid Prices In The Bill Of Quantities; And ⬜ (l) Duly Accomplished Detailed Estimates Form, Including A Summary Sheet Indicating The Unit Prices Of Construction Materials, Labor Rates, And Equipment Rentals Used In Coming Up With The Bid; And ⬜ Cash Flow By Quarter.

Details: Description Section Ii. Instructions To Bidders A. General 1. Scope Of Bid 1.1 The Procuring Entity Named In The Bds Invites Bids For The Supply And Delivery Of The Goods As Described In Section Vii. Technical Specifications. 1.2 The Name, Identification, And Number Of Lots Specific To This Bidding Are Provided In The Bds. The Contracting Strategy And Basis Of Evaluation Of Lots Is Described In Itb Clause 28. 2. Source Of Funds The Procuring Entity Has A Budget Or Has Received Funds From The Funding Source Named In The Bds, And In The Amount Indicated In The Bds. It Intends To Apply Part Of The Funds Received For The Project, As Defined In The Bds, To Cover Eligible Payments Under The Contract. 3. Corrupt, Fraudulent, Collusive, And Coercive Practices 3.1 Unless Otherwise Specified In The Bds, The Procuring Entity As Well As The Bidders And Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. In Pursuance Of This Policy, The Procuring Entity: (a) Defines, For Purposes Of This Provision, The Terms Set Forth Below As Follows (i) “corrupt Practice” Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Ra 3019; (ii) “fraudulent Practice” Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices” Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Affect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent It From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3.2 Further, The Procuring Entity Will Seek To Impose The Maximum Civil, Administrative, And/or Criminal Penalties Available Under Applicable Laws On Individuals And Organizations Deemed To Be Involved In Any Of The Practices Mentioned In Itb Clause 3.1(a). 3.3 Furthermore, The Funding Source And The Procuring Entity Reserve The Right To Inspect And Audit Records And Accounts Of A Bidder Or Supplier In The Bidding For And Performance Of A Contract Themselves Or Through Independent Auditors As Reflected In The Gcc Clause 3. 4. Conflict Of Interest 4.1 All Bidders Found To Have Conflicting Interests Shall Be Disqualified To Participate In The Procurement At Hand, Without Prejudice To The Imposition Of Appropriate Administrative, Civil, And Criminal Sanctions. A Bidder May Be Considered To Have Conflicting Interests With Another Bidder In Any Of The Events Described In Paragraphs (a) Through (c) Below And A General Conflict Of Interest In Any Of The Circumstances Set Out In Paragraphs (d) Through (f) Below: (a) A Bidder Has Controlling Shareholders In Common With Another Bidder; (b) A Bidder Receives Or Has Received Any Direct Or Indirect Subsidy From Any Other Bidder; (c) A Bidder Has The Same Legal Representative As That Of Another Bidder For Purposes Of This Bid; (d) A Bidder Has A Relationship, Directly Or Through Third Parties, That Puts Them In A Position To Have Access To Information About Or Influence On The Bid Of Another Bidder Or Influence The Decisions Of The Procuring Entity Regarding This Bidding Process. This Will Include A Firm Or An Organization Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement For Or Implementation Of The Project If The Personnel Would Be Involved In Any Capacity On The Same Project; (e) A Bidder Submits More Than One Bid In This Bidding Process. However, This Does Not Limit The Participation Of Subcontractors In More Than One Bid; Or (f) (g) A Bidder Who Participated As A Consultant In The Preparation Of The Design Or Technical Specifications Of The Goods And Related Services That Are The Subject Of The Bid. A Bidder Who Lends, Or Temporarily Seconds, Its Personnel To Firms Or Organizations Which Are Engaged In Consulting Services For The Preparation Related To Procurement Or Implementation Of The Project, If The Personnel Would Be Involved In Any Capacity On The Same Project. 4.2 In Accordance With Section 47 Of The Irr Of Ra 9184, All Bidding Documents Shall Be Accompanied By A Sworn Affidavit Of The Bidder That It Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), Members Of The Technical Working Group (twg), Members Of The Bac Secretariat, The Head Of The Project Management Office (pmo) Or The End-user Unit, And The Project Consultants, By Consanguinity Or Affinity Up To The Third Civil Degree. On The Part Of The Bidder, This Clause Shall Apply To The Following Persons: (a) If The Bidder Is An Individual Or A Sole Proprietorship, To The Bidder Himself; (b) If The Bidder Is A Partnership, To All Its Officers And Members; (c) (d) If The Bidder Is A Corporation, To All Its Officers, Directors, And Controlling Stockholders; And If The Bidder Is A Cooperative, To All Its Officers, Directors And Controlling Share Holders Or Members; And (e) If The Bidder Is A Joint Venture (jv), The Provisions Of Items (a), (b), Or (c) Of This Clause Shall Correspondingly Apply To Each Of The Members Of The Said Jv, As May Be Appropriate Relationship Of The Nature Described Above Or Failure To Comply With This Clause Will Result In The Automatic Disqualification Of A Bidder. 5. Eligible Bidders 5.1 Unless Otherwise Indicated In The Bds, The Following Persons Shall Be Eligible To Participate In This Bidding: (a) Duly Licensed Filipino Citizens/sole Proprietorships; (b) Partnerships Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; (c) Corporations Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; (d) Cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; And (e) Persons/entities Forming Themselves Into A Jv, I.e., A Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). 5.2 Foreign Bidders May Be Eligible To Participate When Any Of The Following Circumstances Exist, As Specified In The Bds. (a) When A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra 9184 And Its Irr Allow Foreign Bidders To Participate; (b) Citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; (c) When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or (d) When There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3 Government Owned Or Controlled Corporations (goccs) May Be Eligible To Participate Only If They Can Establish That They (a) Are Legally And Financially Autonomous, (b) Operate Under Commercial Law, And (c) Are Not Attached Agencies Of The Procuring Entity. 5.4 Unless Otherwise Provided In The Bds, The Bidder Must Have Completed A Single Largest Completed Contract (slcc) Similar To The Project The Value Of Which, Adjusted If Necessary, By The Bidder To Current Prices Using The Philippine Statistics Authority (psa) Consumer Price Index, Must Be At Least Equivalent To A Percentage Of The Abc Stated In The Bds. For This Purpose, Contracts Similar To The Project Shall Be Those Described In The Bds, And Completed Within The Relevant Period Stated In The Invitation To Bid And Itb Clause 12.1(a)(ii). 5.5 Unless Otherwise Provided In The Bds, The Bidder Must Submit A Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Latest Audited Financial Statements Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). If The Prospective Bidder Opts To Submit A Committed Line Of Credit (clc), It Must Be At Least Equal To Ten Percent (10%) Of The Abc To Be Bid And Issued By Auniversal Or Commercial Bank. 6. Bidders Responsibilities 6.1 The Bidder Or Its Duly Authorized Representative Shall Submit A Sworn Statement In The Form Prescribed In Section Viii – Bidding Forms As Required In Itb Clause 12.1(b)(iv). 6.2 The Bidder Is Responsible For The Following: (a) Having Taken Steps To Carefully Examine All Of The Bidding Documents; (b) Having Acknowledged All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; (c) Having Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And (d) Having Complied With Its Responsibility To Inquire Or Secure Supplemental/bid Bulletin(s) As Provided Under Itb Clause 10.4; (e) Ensuring That It Is Not “blacklisted” Or Barred From Bidding By The Gop Or Any Of Its Agencies, Offices, Corporations, Or Lgus, Including Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Gppb, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting. (f) Ensuring That Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; (g) Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative/s To Verify All The Documents Submitted; (h) Ensuring That The Signatory Is The Duly Authorized Representative Of The Bidder, And Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The Bidder In The Bidding, With The Duly Notarized Secretary’s Certificate Attesting To Such Fact, If The Bidder Is A Corporation, Partnership, Cooperative, Or Joint Venture; (i) Complying With The Disclosure Provision Under Section 47 Of Ra 9184 In Relation To Other Provisions Of Ra 3019; And (j) (k) (l) Complying With Existing Labor Laws And Standards, In The Case Of Procurement Of Services Ensuring That It Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Of Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. Failure To Observe Any Of The Above Responsibilities Shall Be At The Risk Of The Bidder Concerned. 6.3 The Bidder Is Expected To Examine All Instructions, Forms, Terms, And Specifications In The Bidding Documents. Unless Otherwise Indicated In The Bds, Failure To Furnish All Information Or Documentation Required In The Bidding Documents Shall Result In The Rejection Of The Bid And The Disqualification Of The Bidder. 6.4 It Shall Be The Sole Responsibility Of The Bidder To Determine And To Satisfy Itself By Such Means As It Considers Necessary Or Desirable As To All Matters Pertaining To The Contract To Be Bid, Including: (a) The Location And The Nature Of This Project; (b) Climatic Conditions; (c) Transportation Facilities; And (d) Other Factors That May Affect The Cost, Duration, And Execution Or Implementation Of This Project. 6.5 The Procuring Entity Shall Not Assume Any Responsibility Regarding Erroneous Interpretations Or Conclusions By The Prospective Or Eligible Bidder Out Of The Data Furnished By The Procuring Entity. However, The Procuring Entity Shall Ensure That All Information In The Bidding Documents, Including Bid/supplemental Bid Bulletin/s Issued, Are Correct And Consistent. 6.6 The Bidder Shall Bear All Costs Associated With The Preparation And Submission Of His Bid, And The Procuring Entity Will In No Case Be Responsible Or Liable For Those Costs, Regardless Of The Conduct Or Outcome Of The Bidding Process. 6.7 Before Submitting Their Bids, The Bidder Is Deemed To Have Become Familiar With All Existing Laws, Decrees, Ordinances, Acts And Regulations Of The Philippines Which May Affect This Project In Any Way. 6.8 The Bidder Should Note That The Procuring Entity Will Accept Bids Only From Those That Have Paid The Non-refundable Fee For The Bidding Documents At The Office Indicated In The Invitation To Bid. 7. Origin Of Goods And Services Unless Otherwise Indicated In The Bds, There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The United Nations Security Council Taken Under Chapter Vii Of The Charter Of The United Nations, Subject To Itb Clause 27.1. 8. Subcontracts 8.1 Unless Otherwise Specified In The Bds, The Bidder May Subcontract Portions Of The Goods To An Extent As May Be Approved By The Procuring Entity And Stated In The Bds. However, Subcontracting Of Any Portion Shall Not Relieve The Bidder From Any Liability Or Obligation That May Arise From The Contract For This Project. 8.2 Subcontractors Must Comply With The Eligibility Criteria And The Documentary Requirements Specified In The Bds. In The Event That Any Subcontractor Is Found By The Procuring Entity To Be Ineligible, The Subcontracting Of Such Portion Of The Goods Shall Be Disallowed. 8.3 The Bidder May Identify The Subcontractor To Whom A Portion Of The Goods Will Be Subcontracted At Any Stage Of The Bidding Process Or During Contract Implementation. If The Bidder Opts To Disclose The Name Of The Subcontractor During Bid Submission, The Bidder Shall Include The Required Documents As Part Of The Technical Component Of Its Bid. B. Contents Of The Bidding Documents 9. Pre-bid Conference 9.1 If So Specified In The Bds, A Pre-bid Conference Shall Be Held At The Venue And On The Date Indicated Therein, To Clarify And Address The Bidders’ Questions On The Technical And Financial Components Of This Project. 9.2 Bidders Are Encouraged To Attend The Pre-bid Conference To Ensure That They Fully Understand The Procuring Entity’s Requirements. Non-attendance Of The Bidder Will In No Way Prejudice Its Bid; However, The Bidder Is Expected To Know The Changes And/or Amendments To The Bidding Documents Discussed During The Pre-bid Conference. 9.3 Any Statement Made At The Pre-bid Conference Shall Not Modify The Terms Of The Bidding Documents Unless Such Statement Is Specifically Identified In Writing As An Amendment Thereto And Issued As A Supplemental/bid Bulletin. 10. Clarification And Amendment Of Bidding Documents 10.1 Bidders Who Have Purchased The Bidding Documents May Request For Clarifications On Any Part Of The Bidding Documents For An Interpretation. Such A Request Must Be In Writing And Submitted To The Procuring Entity At The Address Indicated In The Bds At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.2 Supplemental/bid Bulletins May Be Issued Upon The Procuring Entity’s Initiative For Purposes Of Clarifying Or Modifying Any Provision Of The Bidding Documents Not Later Than Seven (7) Calendar Days Before The Deadline For The Submission And Receipt Of Bids. Any Modification To The Bidding Documents Shall Be Identified As An Amendment. 10.3 Any Supplemental/bid Bulletin Issued By The Bac Shall Also Be Posted On The Philippine Government Electronic Procurement System (philgeps) And The Website Of The Procuring Entity Concerned, If Available. It Shall Be The Responsibility Of All Bidders Who Secure The Bidding Documents To Inquire And Secure Supplemental/bid Bulletins That May Be Issued By The Bac. However, Bidders Who Have Submitted Bids Before The Issuance Of The Supplemental/bid Bulletin Must Be Informed And Allowed To Modify Or Withdraw Their Bids In Accordance With Itb Clause 23. C. Preparation Of Bids 11. Language Of Bids The Bid, As Well As All Correspondence And Documents Relating To The Bid Exchanged By The Bidder And The Procuring Entity, Shall Be Written In English. Supporting Documents And Printed Literature Furnished By The Bidder May Be In Another Language Provided They Are Accompanied By An Accurate Translation In English Certified By The Appropriate Embassy Or Consulate In The Philippines, In Which Case The English Translation Shall Govern For Purposes Of Interpretation Of The Bid. 12. Documents Comprising The Bid: Eligibility And Technical Components. 12.1 Unless Otherwise Indicated In The Bds, The First Envelope Shall Contain The Following Eligibility And Technical Documents: (a) Eligibility Documents - Class "a" Documents: (i) Philgeps Platinum Certificate Of Registration And Membership With Annex A In Accordance With Section 8.5.2 Of The Irr. (ii) Statement Of All Its Ongoing Government And Private Contracts Within The Period Stated In The Bds, Including Contracts Awarded But Not Yet Started, If Any. Statement Of The Bidder's Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, In Accordance With Itb Clause 5.4, Within The Relevant Period As Provided In The Bds. The Two Statements Required Shall Indicate For Each Contract The Following: (ii.1) Name Of The Contract; (ii.2) Date Of The Contract; (ii.3) Contract Duration; (ii.4) Owner's Name And Address; (ii.5) Kinds Of Goods; (ii.6) (ii.7) (ii.8) (ii.9) For Statement Of Ongoing Contracts- Amount Of Contract And Value Of Outstanding Contracts; For Statement Of Slcc-amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa's Consumer Price Index, If Necessary For The Purpose Of Meeting The Slcc Requirement; Date Of Delivery; And End User's Acceptance Or Official Receipt(s) Or Sales Invoice Issued For The Contract, If Completed, Which Shall Be Attached To The Statements. (iii) The Prospective Bidder’s Computation Of Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid, Calculated As Follows: Nfcc = [(current Assets Minus Current Liabilities) (k)] Minus The Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Ongoing Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract To Be Bid. Where: K = 15 The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Data Submitted To The Bir, Through Its Electronic Filling And Payment System (efps). Or A Committed Line Of Credit From A Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects) Class "b" Document: (iv) If Applicable, The Jva In Case The Joint Venture Is Already In Existence, Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. (b) Technical Documents - (i) Bid Security In Accordance With Itb Clause 18. If The Procuring Entity Requires The Bidders To Submit The Bid Security In The Form Of: (i.1) Cash Or Cashier’s/ Manager’s Check, Issued By A Universal Or Commercial Bank; Or (i.2) A Bank Draft/guarantee Or An Irrevocable Letter Of Credit Issued By A Universal/ Commercial Bank, It Shall Be Accompanied By A Confirmation From A Universal Or Commercial Bank, If Issued By A Foreign Bank; Or (i.3) (i.4) A Surety Bond Accompanied By A Certification Coming From An Authorized Insurance Commission That A Surety Or Insurance Company Is Authorized To Issue Such Instrument; Bid Securing Declaration (ii) (iii) Statement Of Compliance To The Schedule Of Requirements Conformity With Technical Specifications, As Enumerated And Specified In Sections Vi And Vii Of The Bidding Documents; And (iv) Sworn Statement In Accordance With Section 25.2(a)(iv) Of The Irr Of Ra 9184 And Using The Form Prescribed In Section Viii – Bidding Forms. 13. Documents Comprising The Bid: Financial Component 13.1 Unless Otherwise Stated In The Bds, The Financial Component Of The Bid Shall Contain The Following: (a) Financial Bid Form, Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4; (b) If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From The Dti, Sec, Or Cda Issued In Accordance With Itb Clause 27; And (c) Any Other Document Required In The Bds 13.2 Unless Otherwise Stated In The Bds, All Bids That Exceed The Abc Shall Not Be Accepted. 14. Alternative Bids Alternative Bids Shall Be Rejected. For This Purpose, Alternative Bid Is An Offer Made By A Bidder In Addition Or As A Substitute To Its Original Bid Which May Be Included As Part Of Its Original Bid Or Submitted Separately Therewith For Purposes Of Bidding. A Bid With Options Is Considered An Alternative Bid Regardless Of Whether Said Bid Proposal Is Contained In A Single Envelope Or Submitted In Two (2) Or More Separate Bid Envelopes. 15. Bid Prices 15.1 The Bidder Shall Complete The Appropriate Price Schedules Included Herein, Stating The Unit Prices, Total Price Per Item, The Total Amount And The Expected Countries Of Origin Of The Goods To Be Supplied Under This Project. 15.2 The Bidder Shall Fill In Rates And Prices For All Items Of The Goods Described In The Bill Of Quantities. Bids Not Addressing Or Providing All Of The Required Items In The Bidding Documents Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Government. 15.3 The Terms Ex Works (exw), Cost, Insurance And Freight (cif), Cost And Insurance Paid To (cip), Delivered Duty Paid (ddp), And Other Trade Terms Used To Describe The Obligations Of The Parties, Shall Be Governed By The Rules Prescribed In The Current Edition Of The International Commercial Terms (incoterms) Published By The International Chamber Of Commerce, Paris. 15.4 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: (a) For Goods Offered From Within The Procuring Entity’s Country (i) The Price Of The Goods Quoted Exw (ex Works, Ex Factory, Ex Warehouse, Ex Showroom, Or Off-the-shelf, As Applicable), Including All Customs Duties And Sales And Other Taxes Already Paid Or Payable (i.1) On The Components And Raw Material Used In The Manufacture Or Assembly Of Goods Quoted Ex Works Or Ex Factory; Or (i.2) On The Previously Imported Goods Of Foreign Origin Quoted Ex Warehouse, Ex Showroom, Or Off-the-shelf And Any Procuring Entity Country Sales And Other Taxes Which Will Be Payable On The Goods If The Contract Is Awarded. (ii) The Price For Inland Transportation, Insurance, And Other Local Costs Incidental To Delivery Of The Goods To Their Final Destination. (iii) The Price Of Other (incidental) Services, If Any, Listed In The Bds. (b) For Goods Offered From Abroad: (i) Unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Ddp With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. (ii) The Price Of Other (incidental) Services, If Any, Listed In The Bds 15.5 Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Price Escalation On Any Account, Unless Otherwise Specified In The Bds. A Bid Submitted With An Adjustable Price Quotation Shall Be Treated As Non-responsive And Shall Be Rejected, Pursuant To Itb Clause 24. 15.6 All Bid Prices Shall Be Considered As Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances As Indicated In The Bds And Specified In The Gcc And Its Corresponding Scc Provision. 16. Bid Currencies 16.1 Prices Shall Be Quoted In The Following Currencies: (a) For Goods That The Bidder Will Supply From Within The Philippines, The Prices Shall Be Quoted In Philippine Pesos. (b) For Goods That The Bidder Will Supply From Outside The Philippines, The Prices May Be Quoted In The Currency(ies) Stated In The Bds. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 16.2 If So Allowed In Accordance With Itb Clause 16.1, The Procuring Entity For Purposes Of Bid Evaluation And Comparing The Bid Prices Will Convert The Amounts In Various Currencies In Which The Bid Price Is Expressed To Philippine Pesos At The Foregoing Exchange Rates. 16.3 Unless Otherwise Specified In The Bds, Payment Of The Contract Price Shall Be Made In Philippine Pesos. 17. Bid Validity 17.1 Bids Shall Remain Valid For The Period Specified In The Bds Which Shall Not Exceed One Hundred Twenty (120) Calendar Days From The Date Of The Opening Of Bids. 17.2 In Exceptional Circumstances, Prior To The Expiration Of The Bid Validity Period, The Procuring Entity May Request Bidders To Extend The Period Of Validity Of Their Bids. The Request And The Responses Shall Be Made In Writing. The Bid Security Described In Itb Clause 18 Should Also Be Extended Corresponding To The Extension Of The Bid Validity Period At The Least. A Bidder May Refuse The Request Without Forfeiting Its Bid Security, But His Bid Shall No Longer Be Considered For Further Evaluation And Award. A Bidder Granting The Request Shall Not Be Required Or Permitted To Modify Its Bid. 18. Bid Security 18.1 The Procuring Entity Shall Prescribe In The Bds The Acceptable Forms Of Bid Security That Bidders May Opt To Use, Which Shall Include The Bid Securing Declaration (bsd) Or Any Other Form Of Bid Security And The Amount Of Which Shall Be Equal To A Percentage Of The Abc In Accordance With The Following Schedule: Form Of Bid Security Amount Of Bid Security (not Less Than The Percentage Of The Abc) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Two Percent (2%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security Five Percent (5%) For Biddings Conducted By Lgus, The Procuring Entity May Also Require Bidders To Submit Bid Securities In The Form Of Cashier’s/manager’s Check, Bank Draft/guarantee, Or Irrevocable Letter Of Credit From Other Banks Certified By The Bsp As Authorized To Issue Such Financial Statement. The Bid Securing Declaration Mentioned Above Is An Undertaking Which States, Among Others, That The Bidder Shall Enter Into Contract With The Procuring Entity And Furnish The Performance Security Required Under Itb Clause 33.2, From Receipt Of The Notice Of Award, And Committing To Pay The Corresponding Fine, And Be Suspended For A Period Of Time From Being Qualified To Participate In Any Government Procurement Activity In The Event It Violates Any Of The Conditions Stated Therein As Provided In The Guidelines Issued By The Gppb. 18.2 The Bid Security Should Be Valid For The Period Specified In The Bds. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 18.3 No Bid Securities Shall Be Returned To Bidders After The Opening Of Bids And Before Contract Signing, Except To Those That Failed Or Declared As Post-disqualified, Upon Submission Of A Written Waiver Of Their Right To File A Motion For Reconsideration And/or Protest. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Bidder With The Lowest Calculated And Responsive Bid Has Signed The Contract And Furnished The Performance Security, But In No Case Later Than The Expiration Of The Bid Security Validity Period Indicated In Itb Clause 18.2. 18.4 Upon Signing And Execution Of The Contract Pursuant To Itb Clause 32, And The Posting Of The Performance Security Pursuant To Itb Clause 33, The Successful Bidder’s Bid Security Will Be Discharged, But In No Case Later Than The Bid Security Validity Period As Indicated In The Itb Clause 18.2. 18.5 The Bid Security May Be Forfeited: (a) If A Bidder: (i) Withdraws Its Bid During The Period Of Bid Validity Specified In Itb Clause 17; (ii) Does Not Accept The Correction Of Errors Pursuant To Itb Clause 28.3(b); (iii) Fails To Submit The Requirements Within The Prescribed Period, Or A Finding Against Their Veracity, As Stated In Itb Clause 29.2; Or (iv) Any Other Reason Stated In The Bds. (b) If The Successful Bidder: (i) Fails To Sign The Contract In Accordance With Itb Clause 32; (ii) Fails To Furnish Performance Security In Accordance With Itb Clause 33; Or (iii) Any Other Reason Stated In The Bds. 19. Format And Signing Of Bids 19.1 Bidders Shall Submit Their Bids Through Their Duly Authorized Representative Using The Appropriate Forms Provided In Section Viii – Bidding Forms On Or Before The Deadline Specified In The Itb Clauses 21 In Two (2) Separate Sealed Bid Envelopes, And Which Shall Be Submitted Simultaneously. The First Shall Contain The Technical Component Of The Bid, Including The Eligibility Requirements Under Itb Clause 12.1, And The Second Shall Contain The Financial Component Of The Bid. 19.2 Forms As Mentioned In Itb Clause 19.1 Must Be Completed Without Any Alterations To Their Format, And No Substitute Form Shall Be Accepted. All Blank Spaces Shall Be Filled In With The Information Requested 19.3 The Bidder Shall Prepare And Submit An Original Of The First And Second Envelopes As Described In Itb Clauses 12 And 13. In Addition, The Bidder Shall Submit Copies Of The First And Second Envelopes. In The Event Of Any Discrepancy Between The Original And The Machine Copies, The Original Shall Prevail. 19.4 Each And Every Page Of The Bid Form, Including The Schedule Of Prices, Under Section Viii Hereof, Shall Be Signed By The Duly Authorized Representative/s Of The Bidder. Failure To Do So Shall Be A Ground For The Rejection Of The Bid. 19.5 Any Interlineations, Erasures, Or Overwriting Shall Be Valid Only If They Are Signed Or Initialed By The Duly Authorized Representative/s Of The Bidder. 20. Sealing And Marking Of Bids 20.1 Unless Otherwise Indicated In The Bds, Bidders Shall Enclose Their Original Eligibility And Technical Documents Described In Itb Clause 12in One Sealed Envelope Marked “original - Technical Component”, And The Original Of Their Financial Component In Another Sealed Envelope Marked “original - Financial Component”, Sealing Them All In An Outer Envelope Marked “original Bid”. 20.2 Each Copy Of The First And Second Envelopes Shall Be Similarly Sealed Duly Marking The Inner Envelopes As “copy No. ___ - Technical Component” And “copy No. ___ – Financial Component” And The Outer Envelope As “copy No. ___”, Respectively. These Envelopes Containing The Original And The Copies Shall Then Be Enclosed In One Single Envelope. 20.3 The Original And The Number Of Copies Of The Bid As Indicated In The Bds Shall Be Typed Or Computerized In Indelible Ink And Shall Be Signed By The Bidder Or Its Duly Authorized Representative/s. 20.4 All Envelopes Shall (a) Contain The Name Of The Contract To Be Bid In Capital Letters; (b) Bear The Name And Address Of The Bidder In Capital Letters; (c) Be Addressed To The Procuring Entity’s Bac Identified In Itb Clause 1.1, (d) Bear The Specific Identification Of This Bidding Process Indicated In The Itb Clause 1.2; And (e) Bear A Warning “do Not Open Before…” The Date And Time For The Opening Of Bids, In Accordance With Itb Clause 21. 20.5 Bid Envelopes That Are Not Properly Sealed And Marked As Required In The Bidding Documents, Shall Not Be Rejected, But The Bidder Or Its Duly Authorized Representative Shall Acknowledge Such Condition Of The Bid As Submitted. The Bac Or The Procuring Entity Shall Assume No Responsibility For The Misplacement Of The Contents Of The Improperly Sealed Or Marked Bid, Or For Its Premature Opening. D. Submission And Opening Of Bids 21. Deadline For Submission Of Bids Bids Must Be Received By The Procuring Entity’s Bac At The Address And On Or Before The Date And Time Indicated In The Bds. 22. Late Bids Any Bid Submitted After The Deadline For Submission And Receipt Of Bids Prescribed By The Procuring Entity, Pursuant To Itb Clause 21, Shall Be Declared “late” And Shall Not Be Accepted By The Procuring Entity 23. Modification And Withdrawal Of Bids 23.1 The Bidder May Modify Its Bid After It Has Been Submitted; Provided That The Modification Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Bidder Shall Not Be Allowed To Retrieve Its Original Bid, But Shall Be Allowed To Submit Another Bid Equally Sealed, Properly Identified, Linked To Its Original Bid Marked As “technical Modification” Or “financial Modification” And Stamped “received” By The Bac. Bid Modifications Received After The Applicable Deadline Shall Not Be Considered And Shall Be Returned To The Bidder Unopened. 23.2 A Bidder May, Through A Letter Of Withdrawal, Withdraw Its Bid After It Has Been Submitted, For Valid And Justifiable Reason; Provided That The Letter Of Withdrawal Is Received By The Procuring Entity Prior To The Deadline Prescribed For Submission And Receipt Of Bids. The Letter Of Withdrawal Must Be Executed By The Duly Authorized Representative Of The Bidder Identified In The Omnibus Sworn Statement, A Copy Of Which Should Be Attached To The Letter. 23.3 Bids Requested To Be Withdrawn In Accordance With Itb Clause 23.1 Shall Be Returned Unopened To The Bidders. A Bidder May Also Express Its Intention Not To Participate In The Bidding Through A Letter Which Should Reach And Be Stamped By The Bac Before The Deadline For Submission And Receipt Of Bids. A Bidder That Withdraws Its Bid Shall Not Be Permitted To Submit Another Bid, Directly Or Indirectly, For The Same Contract. 23.4 No Bid May Be Modified After The Deadline For Submission Of Bids. No Bid May Be Withdrawn In The Interval Between The Deadline For Submission Of Bids And The Expiration Of The Period Of Bid Validity Specified By The Bidder On The Financial Bid Form. Withdrawal Of A Bid During This Interval Shall Result In The Forfeiture Of The Bidder’s Bid Security, Pursuant To Itb Clause 18.5, And The Imposition Of Administrative, Civil And Criminal Sanctions As Prescribed By Ra 9184 And Its Irr 24. Opening And Preliminary Examination Of Bids 24.1 24.2 The Bac Shall Open The Bids In Public, Immediately After The Deadline For The Submission And Receipt Of Bids, As Specified In The Bds. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Bac Shall Take Custody Of The Bids Submitted And Reschedule The Opening Of Bids On The Next Working Day Or At The Soonest Possible Time Through The Issuance Of A Notice Of Postponement To Be Posted In The Philgeps Website Of The Procuring Entity Concerned, If Available. The Bac Shall Open The First Bid Envelopes Of Bidders In Public As Specified In The Bds To Determine Each Bidder’s Compliance With The Documents Prescribed In Itb Clause 12. For This Purpose, The Bac Shall Check The Submitted Documents Of Each Bidder Against A Checklist Of Required Documents To Ascertain If They Are All Present, Using A Non-discretionary “pass/fail” Criterion. If A Bidder Submits The Required Document, It Shall Be Rated “passed” For That Particular Requirement. In This Regard, Bids That Fail To Include Any Requirement Or Are Incomplete Or Patently Insufficient Shall Be Considered As “failed”. Otherwise, The Bac Shall Rate The Said First Bid Envelope As “passed”. 24.3 Immediately After Determining Compliance With The Requirements In The First Envelope, The Bac Shall Forthwith Open The Second Bid Envelope Of Each Remaining Eligible Bidder Whose First Bid Envelope Was Rated “passed”. The Second Envelope Of Each Complying Bidder Shall Be Opened Within The Same Day. In Case One Or More Of The Requirements In The Second Envelope Of A Particular Bid Is Missing, Incomplete Or Patently Insufficient, And/or If The Submitted Total Bid Price Exceeds The Abc Unless Otherwise Provided In Itb Clause 13.2, The Bac Shall Rate The Bid Concerned As “failed”. Only Bids That Are Determined To Contain All The Bid Requirements For Both Components Shall Be Rated “passed” And Shall Immediately Be Considered For Evaluation And Comparison 24.4 Letters Of Withdrawal Shall Be Read Out And Recorded During Bid Opening, And The Envelope Containing The Corresponding Withdrawn Bid Shall Be Returned To The Bidder Unopened. If The Withdrawing Bidder’s Representative Is In Attendance, The Original Bid And All Copies Thereof Shall Be Returned To The Representative During The Bid Opening. If The Representative Is Not In Attendance, The Bid Shall Be Returned Unopened By Registered Mail. The Bidder May Withdraw Its Bid Prior To The Deadline For The Submission And Receipt Of Bids, Provided That The Corresponding Letter Of Withdrawal Contains A Valid Authorization Requesting For Such Withdrawal, Subject To Appropriate Administrative Sanctions 24.5 If A Bidder Has Previously Secured A Certification From The Procuring Entity To The Effect That It Has Previously Submitted The Above-enumerated Class “a” Documents, The Said Certification May Be Submitted In Lieu Of The Requirements Enumerated In Itb Clause 12.1(a), Items (i) To (v). 24.6 In The Case Of An Eligible Foreign Bidder As Described In Itb Clause 5, The Class “a” Documents Described In Itb Clause 12.1(a) May Be Substituted With The Appropriate Equivalent Documents, If Any, Issued By The Country Of The Foreign Bidder Concerned. 24.7 Each Partner Of A Joint Venture Agreement Shall Likewise Submit The Requirements In Itb Clauses 12.1(a)(i) And 12.1(a)(ii). Submission Of Documents Required Under Itb Clauses 12.1(a)(iii) To 12.1(a)(v) By Any Of The Joint Venture Partners Constitutes Compliance. 24.8 The Procuring Entity Shall Prepare The Minutes Of The Proceedings Of The Bid Opening That Shall Include, As A Minimum: (a) Names Of Bidders, Their Bid Price, Bid Security, Findings Of Preliminary Examination; And (b) Attendance Sheet. The Bac Members Shall Sign The Abstract Of Bids As Read. E. Evaluation And Comparison Of Bids 25. Process To Be Confidential 25.1 Members Of The Bac, Including Its Staff And Personnel, As Well As Its Secretariat And Twg, Are Prohibited From Making Or Accepting Any Kind Of Communication With Any Bidder Regarding The Evaluation Of Their Bids Until The Issuance Of The Notice Of Award, Unless Otherwise Allowed In The Bds Or In The Case Of Itb Clause 26. 25.2 Any Effort By A Bidder To Influence The Procuring Entity In The Procuring Entity’s Decision In Respect Of Bid Evaluation, Bid Comparison Or Contract Award Will Result In The Rejection Of The Bidder’s Bid. 26. Clarification Of Bids To Assist In The Evaluation, Comparison, And Post-qualification Of The Bids, The Procuring Entity May Ask In Writing Any Bidder For A Clarification Of Its Bid. All Responses To Requests For Clarification Shall Be In Writing. Any Clarification Submitted By A Bidder In Respect To Its Bid And That Is Not In Response To A Request By The Procuring Entity Shall Not Be Considered. 27. Domestic Preference 27.1 Unless Otherwise Stated In The Bds, The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With The Following: (a) The Preference Shall Be Applied When (i) The Lowest Foreign Bid Is Lower Than The Lowest Bid Offered By A Domestic Bidder, Or (ii) The Lowest Bid Offered By A Non-philippine National Is Lower Than The Lowest Bid Offered By A Domestic Entity. (b) For Evaluation Purposes, The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National Shall Be Increased By Fifteen Percent (15%). (c) In The Event That (i) The Lowest Bid Offered By A Domestic Entity Does Not Exceed The Lowest Foreign Bid As Increased, Or (ii) The Lowest Bid Offered By A Non-philippine National As Increased, Then The Procuring Entity Shall Award The Contract To The Domestic Bidder/entity At The Amount Of The Lowest Foreign Bid Or The Bid Offered By A Non-philippine National, As The Case May Be. (d) If The Domestic Entity/bidder Refuses To Accept The Award Of Contract At The Amount Of The Foreign Bid Or Bid Offered By A Non-philippine National Within Two (2) Calendar Days From Receipt Of Written Advice From The Bac, The Procuring Entity Shall Award To The Bidder Offering The Foreign Bid Or The Non-philippine National, As The Case May Be, Subject To Post-qualification And Submission Of All The Documentary Requirements Under These Bidding Documents. 27.2 A Bidder May Be Granted Preference As A Domestic Entity Subject To The Certification From The Dti (in Case Of Sole Proprietorships), Sec (in Case Of Partnerships And Corporations), Or Cda (in Case Of Cooperatives) That The (a) Sole Proprietor Is A Citizen Of The Philippines Or The Partnership, Corporation, Cooperative, Or Association Is Duly Organized Under The Laws Of The Philippines With At Least Seventy Five Percent (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, (b) Habitually Established In Business And Habitually Engaged In The Manufacture Or Sale Of The Merchandise Covered By His Bid, And (c) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or Posting Of The Invitation To Bid For This Project. 27.3 A Bidder May Be Granted Preference As A Domestic Bidder Subject To The Certification From The Dti That The Bidder Is Offering Unmanufactured Articles, Materials Or Supplies Of The Growth Or Production Of The Philippines, Or Manufactured Articles, Materials, Or Supplies Manufactured Or To Be Manufactured In The Philippines Substantially From Articles, Materials, Or Supplies Of The Growth, Production, Or Manufacture, As The Case May Be, Of The Philippines. 28. Detailed Evaluation And Comparison Of Bids 28.1 The Procuring Entity Will Undertake The Detailed Evaluation And Comparison Of Bids Which Have Passed The Opening And Preliminary Examination Of Bids, Pursuant To Itb Clause 24, In Order To Determine The Lowest Calculated Bid. 28.2 The Lowest Calculated Bid Shall Be Determined In Two Steps. (a) The Detailed Evaluation Of The Financial Component Of The Bids, To Establish The Correct Calculated Prices Of The Bids; And (b) The Ranking Of The Total Bid Prices As So Calculated From The Lowest To The Highest. The Bid With The Lowest Price Shall Be Identified As The Lowest Calculated Bid. 28.3 The Procuring Entity's Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. Unless Otherwise Specified In The Bds, The Bac Shall Consider The Following In The Evaluation Of Bids. (a) Completeness Of The Bid. Unless The Itb Specifically Allows Partial Bids, Bids Not Addressing Or Providing All Of The Required Items In The Schedule Of Requirements Including, Where Applicable, Bill Of Quantities, Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. In This Regard, Where A Required Item Is Provided, But No Price Is Indicated, The Same Shall Be Considered As Non-responsive, But Specifying A "0" (zero) Or A Dash (-) For The Said Item Would Mean That It Is Being Offered For Free To The Procuring Entity; And (b) Arithmetical Corrections. Consider Computational Errors And Omissions To Enable Proper Comparison Of All Eligible Bids. It May Also Consider Bid Modifications, If Allowed In The Bds. Any Adjustment Shall Be Calculated In Monetary Terms To Determine The Calculated Prices. 28.4 Based On The Detailed Evaluation Of Bids, Those That Comply With The Above-mentioned Requirements Shall Be Ranked In The Ascending Order Of Their Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, To Identify The Lowest Calculated Bid. Total Calculated Bid Prices, As Evaluated And Corrected For Computational Errors, Discounts And Other Modifications, Which Exceed The Abc Shall Not Be Considered. 28.5 Unless Otherwise Indicated In The Bds, The Procuring Entity’s Evaluation Of Bids Shall Only Be Based On The Bid Price Quoted In The Financial Bid Form. 28.6 Bids Shall Be Evaluated On An Equal Footing To Ensure Fair Competition. For This Purpose, All Bidders Shall Be Required To Include In Their Bids The Cost Of All Taxes, Such As, But Not Limited To, Value Added Tax (vat), Income Tax, Local Taxes, And Other Fiscal Levies And Duties Which Shall Be Itemized In The Bid Form And Reflected In The Detailed Estimates. Such Bids, Including Said Taxes, Shall Be The Basis For Bid Evaluation And Comparison. 29. Post-qualification 29.1 The Procuring Entity Shall Determine To Its Satisfaction Whether The Bidder That Is Evaluated As Having Submitted The Lowest Calculated Bid (lcb) Complies With And Is Responsive To All The Requirements And Conditions Specified In Itb Clauses 5, 12, And 13. 29.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lcb, The Bidder Shall Submit The Following Documentary Requirements: (a) Latest Income And Business Tax Returns In The Form Specified In The Bds; (b) Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. Failure Of The Bidder Declared As Lowest Calculated Bid To Duly Submit The Above Requirements On Time Under This Clause Or A Finding Against The Veracity Of Such Shall Be Ground For Forfeiture Of The Bid Security And Disqualification Of The Bidder For Award. 29.3 The Determination Shall Be Based Upon An Examination Of The Documentary Evidence Of The Bidder’s Qualifications Submitted Pursuant To Itb Clauses 12 And 13, As Well As Other Information As The Procuring Entity Deems Necessary And Appropriate, Using A Non-discretionary “pass/fail” Criterion. 29.4 If The Bac Determines That The Bidder With The Lowest Calculated Bid Passes All The Criteria For Post-qualification, It Shall Declare The Said Bid As The Lowest Calculated Responsive Bid, And Recommend To The Head Of The Procuring Entity The Award Of Contract To The Said Bidder At Its Submitted Bid Price Or Its Calculated Bid Price, Whichever Is Lower. 29.5 A Negative Determination Shall Result In Rejection Of The Bidder’s Bid, In Which Event The Procuring Entity Shall Proceed To The Next Lowest Calculated Bid To Make A Similar Determination Of That Bidder’s Capabilities To Perform Satisfactorily. If The Second Bidder, However, Fails The Post Qualification, The Procedure For Post Qualification Shall Be Repeated For The Bidder With The Next Lowest Calculated Bid, And So On Until The Lowest Calculated Responsive Bid Is Determined For Contract Award. 29.6 Within A Period Not Exceeding Fifteen (15) Calendar Days From The Date Of Receipt Of The Recommendation Of The Bac, The Head Of The Procuring Entity Shall Approve Or Disapprove The Said Recommendation. 30. Reservation Clause 30.1 Notwithstanding The Eligibility Or Post-qualification Of A Bidder, The Procuring Entity Concerned Reserves The Right To Review Its Qualifications At Any Stage Of The Procurement Process If It Has Reasonable Grounds To Believe That A Misrepresentation Has Been Made By The Said Bidder, Or That There Has Been A Change In The Bidder’s Capability To Undertake The Project From The Time It Submitted Its Eligibility Requirements. Should Such Review Uncover Any Misrepresentation Made In The Eligibility And Bidding Requirements, Statements Or Documents, Or Any Changes In The Situation Of The Bidder Which Will Affect Its Capability To Undertake The Project So That It Fails The Preset Eligibility Or Bid Evaluation Criteria, The Procuring Entity Shall Consider The Said Bidder As Ineligible And Shall Disqualify It From Submitting A Bid Or From Obtaining An Award Or Contract. 30.2 Based On The Following Grounds, The Procuring Entity Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding At Any Time Prior To The Contract Award, Or Not To Award The Contract, Without Thereby Incurring Any Liability, And Make No Assurance That A Contract Shall Be Entered Into As A Result Of The Bidding: (a) If There Is Prima Facie Evidence Of Collusion Between Appropriate Public Officers Or Employees Of The Procuring Entity, Or Between The Bac And Any Of The Bidders, Or If The Collusion Is Between Or Among The Bidders Themselves, Or Between A Bidder And A Third Party, Including Any Act Which Restricts, Suppresses Or Nullifies Or Tends To Restrict, Suppress Or Nullify Competition; (b) If The Procuring Entity’s Bac Is Found To Have Failed In Following The Prescribed Bidding Procedures; Or (c) For Any Justifiable And Reasonable Ground Where The Award Of The Contract Will Not Redound To The Benefit Of The Gop As Follows: (i) If The Physical And Economic Conditions Have Significantly Changed So As To Render The Project No Longer Economically, Financially Or Technically Feasible As Determined By The Head Of The Procuring Entity; (ii) If The Project Is No Longer Necessary As Determined By The Head Of The Procuring Entity; And (iii) If The Source Of Funds For The Project Has Been Withheld Or Reduced Through No Fault Of The Procuring Entity. 30.3 In Addition, The Procuring Entity May Likewise Declare A Failure Of Bidding When: (a) No Bids Are Received; (b) All Prospective Bidders Are Declared Ineligible; (c) All Bids Fail To Comply With All The Bid Requirements Or Fail Post-qualification; Or (d) The Bidder With The Lowest Calculated Responsive Bid Refuses, Without Justifiable Cause To Accept The Award Of Contract, And No Award Is Made In Accordance With Section 40 Of The Irr Of Ra 9184. F. Award Of Contract 31. Contract Award 31.1 Subject To Itb Clause 29, The Procuring Entity Shall Award The Contract To The Bidder Whose Bid Has Been Determined To Be The Lcrb. 31.2 Prior To The Expiration Of The Period Of Bid Validity, The Procuring Entity Shall Notify The Successful Bidder In Writing That Its Bid Has Been Accepted, Through A Notice Of Award Received Personally Or Sent By Registered Mail Or Electronically, Receipt Of Which Must Be Confirmed In Writing Within Two (2) Days By The Bidder With The Lcrb And Submitted Personally Or Sent By Registered Mail Or Electronically To The Procuring Entity. 31.3 Notwithstanding The Issuance Of The Notice Of Award, Award Of Contract Shall Be Subject To The Following Conditions: (a) Submission Of The Valid Jva, If Applicable, Within Ten (10) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That The Bidder Has The Lcrb; (b) Posting Of The Performance Security In Accordance With Itb Clause 33; (c) Signing Of The Contract As Provided In Itb Clause 32; And (d) Approval By Higher Authority, If Required. 31.4 At The Time Of Contract Award, The Procuring Entity Shall Not Increase Or Decrease The Quantity Of Goods Originally Specified In Section Vi – Schedule Of Requirements. 32. Signing Of The Contract 32.1 At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Contract Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 32.2 Within Ten (10) Calendar Days From Receipt Of The Notice Of Award, The Successful Bidder Shall Post The Required Performance Security And Sign And Date The Contract And Return It To The Procuring Entity. 32.3 The Procuring Entity Shall Enter Into Contract With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 32.4 The Following Documents Shall Form Part Of The Contract. (a) Contract Agreement; (b) Bidding Documents; (c) Winning Bidder’s Bid, Including The Technical And Financial Proposals, And All Other Documents/statements Submitted; (d) Performance Security; (e) Notice Of Award Of Contract; And (f) Other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. 33. Performance Security 33.1 To Guarantee The Faithful Performance By The Winning Bidder Of Its Obligations Under The Contract, It Shall Post A Performance Security Within A Maximum Period Of Ten (10) Calendar Days From The Receipt Of The Notice Of Award From The Procuring Entity And In No Case Later Than The Signing Of The Contract. 33.2 The Procuring Entity Shall Prescribe At Least One (1) Acceptable Form Of Performance Security Taken From The Categories Below That Bidders May Opt To Use, Denominated In Philippine Pesos And Posted In Favor Of The Procuring Entity: Form Of Performance Security Amount Of Performance Security (not Less Than The Percentage Of The Total Contract Price) (a) Cash Or Cashier’s/manager’s Check Issued By A Universal Or Commercial Bank Five Percent (5%) (b) Bank Draft/guarantee Or Irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank: Provided, However, That It Shall Be Confirmed Or Authenticated By A Universal Or Commercial Bank, If Issued By A Foreign Bank. (c) Surety Bond Callable Upon Demand Issued By A Surety Or Insurance Company Duly Certified By The Insurance Commission As Authorized To Issue Such Security. Thirty Percent (30%) (d) Performance Securing Declaration (psd) None 33.3 Performance Security As Indicated In Section 17.1 (k) And 39 Of The 2016 Revised Irr Of Ra No. 9184, While Includes The Performance Securing Declaration (psd) As An Alternative Performance Security During A State Of Calamity Or Imposition Of Community Quarantine Pursuant To Gppb Resolution No. 09-2020. Failure Of The Successful Bidder To Comply With The Above-mentioned Requirement Shall Constitute Sufficient Ground For The Annulment Of The Award And Forfeiture Of The Bid Security, In Which Event The Procuring Entity Shall Initiate And Complete The Post Qualification Of The Second Lowest Calculated Bid. The Procedure Shall Be Repeated Until The Lcrb Is Identified And Selected For Contract Award. However If No Bidder Passed Post-qualification, The Bac Shall Declare The Bidding A Failure And Conduct A Re-bidding With Re-advertisement. 34. Notice To Proceed 34.1 Within Seven (7) Calendar Days From The Date Of Approval Of The Contract By The Appropriate Government Approving Authority, The Procuring Entity Shall Issue Its Notice To Proceed Together With A Copy Or Copies Of The Approved Contract To The Successful Bidder. All Notices Called For By The Terms Of The Contract Shall Be Effective Only At The Time Of Receipt Thereof By The Successful Bidder. 34.2 The Contract Effectivity Date Shall Be Provided In The Notice To Proceed By The Procuring Entity, Which Date Shall Not Be Later Than Seven (7) Calendar Days From The Issuance Of The Notice To Proceed. 35. Protest Mechanism Decision Of The Procuring Entity At Any Stage Of The Procurement Process May Be Questioned In Accordance With Section 55 Of The Revised Implementing Rules And Regulations Of Republic Act 9184. Section Iii – Bid Data Sheet Itb Clause 1.1 The Procuring Entity Is The Local Government Of Badiangan, Iloilo 1.2 The Reference Is: Supply And Delivery Of Office Supplies For Use Of Various Offices, Municipal Hall, Badiangan, Iloilo. Project Identification No. 2025 - 015 – B. 2.0 The Funding Source Is Through The General Fund Of The Local Government Of Badiangan, Iloilo In The Amount Of P 806,780.54. 5.1 No Further Instructions. 5.2 None Of The Circumstances Mentioned In The Itb Clause Exists In This Project. Foreign Bidders, Except Those Falling Under Itb Clause 5.2(b), May Not Participate In This Project. 5.4 The Bidder Must Have Completed, Within The Period Specified In The Invitation To Bid And Itb Clause 12.1(a)(ii), A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. For This Purpose, Similar Contracts Shall Refer To The Supply And Delivery Of Goods That Is/are Similar In Type And Brand To The Goods Being Bidded-out. 5.5 No Further Instructions. 6.3 No Further Instructions. 7 No Further Instructions. 8.1 Subcontracting Is Not Allowed. 8.2 Not Applicable. 9.1 Not Applicable. 10.1 The Procuring Entity’s Address Is: Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Contact Person: Mrs. Elenor G. Navio Head: Bac Secretariat Municipal Hall, Badiangan, Iloilo Tel. No. (033) 320-7809 C.p. No. 09079955688 12.1 The First Envelope Shall Contain The Eligibility And Technical Documents Stated In The Itb Clause. However, If The Bidder Maintains A Current And Updated File Of Its Class “a” Documents With The Bac Of The Local Government Of Badiangan, Iloilo, A Certification To That Effect Issued By Its Bac May Be Submitted In Lieu Of The Class “a” Documents. 12.1(a)(i) No Other Acceptable Proof Of Registration Is Recognized 12.1(a)(ii) The Statement Of All Ongoing And Single Largest Completed Government And Private Contracts Shall Include All Such Contracts Within The Last Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 13.1 No Additional Requirements. 13.2 The Approved Budget For The Contract (abc) Is: P 806,780.54 Any Bid With A Financial Component Exceeding This Amount Shall Not Be Accepted. 15.4(a)(iii) No Incidental Services Required. 15.4(b) Not Applicable. 15.5 Bid Prices Shall Be Fixed. Adjustable Price Proposals Shall Be Treated As Non-responsive And Shall Be Rejected. 15.6 Extraordinary Circumstances Refer To Events That May Be Determined By The National Economic And Development Authority In Accordance With The Civil Code Of The Philippines, And Upon The Recommendation Of The Procuring Entity. 16.1(b) The Bid Prices For Goods Supplied From Outside Of The Philippines Shall Be Quoted In Philippine Pesos. 16.3 No Further Instructions. 17.1 Bids Shall Be Valid Until 120 Calendar Days After Bidding. 18.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration (bsd), Or Any Of The Following Forms: 1. P (2% Of Abc), If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or 2. P (5% Of Abc), If Bid Security Is In Surety Bond 18.2 The Bid Security Shall Be Valid Until 120 Calendar Days After Bidding. 18.5(a)(iv) The Following Are Additional Grounds For Forfeiture Of Bid Security: 1. Submission Of Eligibility Requirements Containing False Information Or Falsified Documents. 2. Submission Of Bids That Contain False Information Or Falsified Documents, Or The Concealment Of Such Information In The Bids In Order To Influence The Outcome Of Eligibility Screening Or Any Other Stage Of The Public Bidding. 3. Allowing The Use Of One’s Name, Or Using The Name Of Another For Purposes Of Public Bidding. 4. Withdrawal Of A Bid, Or Refusal To Accept An Award, Or Enter Into Contract With The Government Without Justifiable Cause, After The Bidder Had Been Adjudged As Having Submitted The Lowest Calculated And Responsive Bid. 5. Refusal Or Failure To Post The Required Performance Security Within The Prescribed Time. 6. Refusal To Clarify Or Validate In Writing Its Bid During Post-qualification Within A Period Of Seven (7) Calendar Days From Receipt Of The Request For Clarification. 7. Any Documented Unsolicited Attempt By A Bidder To Unduly Influence The Outcome Of The Bidding In His Favor. 8. Failure Of The Potential Joint Venture Partners To Enter Into The Joint Venture After The Bid Is Declared As Successful. 9. All Other Acts That Tend To Defeat The Purpose Of The Competitive Bidding, Such As Habitually Withdrawing From Bidding, Submitting Late Bids Or Patently Insufficient Bid, For At Least Three (3) Times Within A Year, Except For Valid Reasons. 18.5(b)(iii) No Further Instructions. 20.1 The Documents Enclosed In The Original Bid Should Be Original Copy Or Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 20.3 Each Bidder Shall Submit One (1) Original And Two (2) Copies Of The First And Second Components Of Its Bid. The Photocopied Copies Of The Documents Enclosed In The First And Second Components Of The Bid Should Be Duly Stamped Certified True/ Machine Copy With Printed Name And Signature Of The Owner Of The Company Or The Duly Authorized Representative Of The Company As Indicated In The Special Power Of Attorney (spa) Or Secretary’s Certificate. The Duly Authorized Representative Should Have A Specimen Signature In The Spa Or Secretary’s Certificate. 21 The Address For Submission Of Bids Is: Municipal Budget Office, Municipal Hall, Badiangan, Iloilo The Deadline For Submission Of Bid Is: March 24, 2025; 8:30 A.m. 24.1 The Place Of Bid Opening Is: Municipal Social Hall, Badiangan, Iloilo The Date And Time Of Bid Opening Is: March 24, 2025; 9:00 A.m. 25.1 No Further Instructions. 27.1 No Further Instructions. 28.3 No Further Instructions. 28.3(b) Modification Of Bids Is Not Allowed. 28.5 No Further Instructions. 29.2(a) Only Tax Returns Filed And Taxes Paid Through The Bir Electronic Filing And Payment System (efps) Shall Be Accepted. Note: The Latest Income And Business Tax Returns Are Those Within The Last Six Months Preceding The Date Of Bid Submission. 29.2(d) None Required. 32.4(g) None Required. 34.2 The Effective Date Of The Contract Is Seven (7) Calendar Days Upon Receipt Of Notice To Proceed Issued By The Procuring Entity. Section Iv. General Conditions Of Contract 1. Definitions 1.1 In This Contract, The Following Terms Shall Be Interpreted As Indicated. (a) “the Contract” Means The Agreement Entered Into Between The Procuring Entity And The Supplier, As Recorded In The Contract Form Signed By The Parties, Including All Attachments And Appendices Thereto And All Documents Incorporated By Reference Therein. (b) “the Contract Price” Means The Price Payable To The Supplier Under The Contract For The Full And Proper Performance Of Its Contractual Obligations. (c) “the Goods” Means All Of The Supplies, Equipment, Machinery, Spare Parts, Other Materials And/or General Support Services Which The Supplier Is Required To Provide To The Procuring Entity Under The Contract. (d) “the Services” Means Those Services Ancillary To The Supply Of The Goods, Such As Transportation And Insurance, And Any Other Incidental Services, Such As Installation, Commissioning, Provision Of Technical Assistance, Training, And Other Such Obligations Of The Supplier Covered Under The Contract. (e) “gcc” Means The General Conditions Of Contract Contained In This Section. (f) “scc” Means The Special Conditions Of Contract. (g) “the Procuring Entity” Means The Organization Purchasing The Goods, As Named In The Scc,. (h) “the Procuring Entity’s Country” Is The Philippines. (i) “the Supplier” Means The Individual Contractor, Manufacturer, Distributor, Or Firm Supplying/manufacturing The Goods And Services Under This Contract And Named In The Scc, (j) The “funding Source” Means The Organization Named In The Scc,. (k) “the Project Site,” Where Applicable, Means The Place Or Places Named In The Scc, (l) “day” Means Calendar Day. (m) The “effective Date” Of The Contract Will Be The Date Of Receipt By The Supplier Of The Notice To Proceed Or The Date Provided In The Notice To Proceed. Performance Of All Obligations Shall Be Reckoned From The Effective Date Of The Contract. (n) “verified Report” Refers To The Report Submitted By The Implementing Unit To The Head Of The Procuring Entity Setting Forth Its Findings As To The Existence Of Grounds Or Causes For Termination And Explicitly Stating Its Recommendation For The Issuance Of A Notice To Terminate. 2. Corrupt, Fraudulent, Collusive, And Coercive Practices 2.1 The Procuring Entity As Well As The Bidders, Contractors, Or Suppliers Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of This Contract. In Pursuance Of This Policy, The Procuring Entity. (a) Defines, For The Purposes Of This Provision, The Terms Set Forth Below As Follows (i) "corrupt Practice" Means Behavior On The Part Of Officials In The Public Or Private Sectors By Which They Improperly And Unlawfully Enrich Themselves, Others, Or Induce Others To Do So, By Misusing The Position In Which They Are Placed, And It Includes The Offering, Giving, Receiving, Or Soliciting Of Anything Of Value To Influence The Action Of Any Such Official In The Procurement Process Or In Contract Execution; Entering, On Behalf Of The Government, Into Any Contract Or Transaction Manifestly And Grossly Disadvantageous To The Same, Whether Or Not The Public Officer Profited Or Will Profit Thereby, And Similar Acts As Provided In Republic Act 3019. (ii) "fraudulent Practice" Means A Misrepresentation Of Facts In Order To Influence A Procurement Process Or The Execution Of A Contract To The Detriment Of The Procuring Entity, And Includes Collusive Practices Among Bidders (prior To Or After Bid Submission) Designed To Establish Bid Prices At Artificial, Non-competitive Levels And To Deprive The Procuring Entity Of The Benefits Of Free And Open Competition. (iii) “collusive Practices” Means A Scheme Or Arrangement Between Two Or More Bidders, With Or Without The Knowledge Of The Procuring Entity, Designed To Establish Bid Prices At Artificial, Non-competitive Levels. (iv) “coercive Practices “ Means Harming Or Threatening To Harm, Directly Or Indirectly, Persons, Or Their Property To Influence Their Participation In A Procurement Process, Or Effect The Execution Of A Contract; (v) “obstructive Practice” Is (aa) Deliberately Destroying, Falsifying, Altering Or Concealing Of Evidence Material To An Administrative Proceedings Or Investigation Or Making False Statements To Investigators In Order To Materially Impede An Administrative Proceedings Or Investigation Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Into Allegations Of A Corrupt, Fraudulent, Coercive Or Intimidating Any Party To Prevent If From Disclosing Its Knowledge Of Matters Relevant To The Administrative Proceedings Or Investigation Or From Pursuing Such Proceedings Or Investigation; Or (bb) Acts Intended To Materially Impede The Exercise Of The Inspection And Audit Rights Of The Procuring Entity Or Any Foreign Government/foreign Or International Financing Institution Herein. (b) Will Reject A Proposal For Award If It Determines That The Bidder Recommended For Award Has Engaged In Any Of The Practices Mentioned In This Clause For Purposes Of Competing For The Contract. 3. Inspection And Audit By The Funding Source The Supplier Shall Permit The Funding Source To Inspect The Supplier’s Accounts And Records Relating To The Performance Of The Supplier And To Have Them Audited By Auditors Appointed By The Funding Source, If So Required By The Funding Source. 4. Governing Law And Language 4.1 This Contract Shall Be Interpreted In Accordance With The Laws Of The Republic Of The Philippines. 4.2 This Contract Has Been Executed In The English Language, Which Shall Be The Binding And Controlling Language For All Matters Relating To The Meaning Or Interpretation Of This Contract. All Correspondence And Other Documents Pertaining To This Contract Exchanged By The Parties Shall Be Written In English. 5. Notices 5.1 Any Notice, Request, Or Consent Required Or Permitted To Be Given Or Made Pursuant To This Contract Shall Be In Writing. Any Such Notice, Request, Or Consent Shall Be Deemed To Have Been Given Or Made When Received By The Concerned Party, Either In Person Or Through An Authorized Representative Of The Party To Whom The Communication Is Addressed, Or When Sent By Registered Mail, Telex, Telegram, Or Facsimile To Such Party At The Address Specified In The Scc, Which Shall Be Effective When Delivered And Duly Received Or On The Notice’s Effective Date, Whichever Is Later. 5.2 A Party May Change Its Address For Notice Hereunder By Giving The Other Party Notice Of Such Change Pursuant To The Provisions Listed In The Scc For Gcc Clause 5.1. 6. Scope Of Contract 6.1 The Goods And Related Services To Be Provided Shall Be As Specified In Section Vi – Schedule Of Requirements. 6.2 This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. Any Additional Requirements For The Completion Of This Contract Shall Be Provided In The Scc 7. Subcontracting 7.1 Subcontracting Of Any Portion Of The Goods, If Allowed In The Bds, Does Not Relieve The Supplier Of Any Liability Or Obligation Under This Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants Or Workmen. 7.2 Subcontractors Disclosed And Identified During The Bidding May Be Changed During The Implementation Of This Contract, Subject To Compliance With The Required Qualifications And The Approval Of The Procuring Entity. 8. Procuring Entity’s Responsibilities 8.1 Whenever The Performance Of The Obligations In This Contract Requires That The Supplier Obtain Permits, Approvals, Import, And Other Licenses From Local Public Authorities, The Procuring Entity Shall, If So Needed By The Supplier, Make Its Best Effort To Assist The Supplier In Complying With Such Requirements In A Timely And Expeditious Manner. 8.2 The Procuring Entity Shall Pay All Costs Involved In The Performance Of Its Responsibilities In Accordance With Gcc Clause 6. 9. Prices Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under This Contract Shall Not Vary From The Prices Quoted By The Supplier In Its Bid, With The Exception Of Any Change In Price Resulting From A Change Order Issued In Accordance With Gcc Clause 29, Or If Applicable, Adjustments Authorized In Accordance With The Price Adjustment Provisions Specified In The Scc.. 10. Payment 10.1 Unless Otherwise Specified In The Scc, Payments Shall Be Made Only Upon A Certification By The Head Of The Procuring Entity To The Effect That The Goods Have Been Rendered Or Delivered In Accordance With The Terms Of This Contract And Have Been Duly Inspected And Accepted. Except With The Prior Approval Of The President No Payment Shall Be Made For Services Not Yet Rendered Or For Supplies And Materials Not Yet Delivered Under This Contract. Ten Percent (10%) Of The Amount Of Each Payment Shall Be Retained By The Procuring Entity To Cover The Supplier’s Warranty Obligations Under This Contract As Described In Gcc Clause 17. 10.2 The Supplier’s Request(s) For Payment Shall Be Made To The Procuring Entity In Writing, Accompanied By An Invoice Describing, As Appropriate, The Goods Delivered And/or Services Performed, And By Documents Submitted Pursuant To The Scc Provision For Gcc Clause 6.2, And Upon Fulfillment Of Other Obligations Stipulated In This Contract. 10.3 Pursuant To Gcc Clause 10.2, Payments Shall Be Made Promptly By The Procuring Entity, But In No Case Later Than Sixty (60) Days After Submission Of An Invoice Or Claim By The Supplier. 10.4 Unless Otherwise Specified In The Scc, The Currency In Which Payment Is Made To The Supplier Under This Contract Shall Be In Philippine Pesos. 11. Advance Payment 11.1 Advance Payment Shall Be Made Only After Prior Approval Of The President, And Shall Not Exceed Fifteen Percent (15%) Of The Contract Amount, Unless Otherwise Directed By The President Or In Cases Allowed Under Annex “d” Of Ra 9184. 11.2 For Goods Supplied From Abroad, The Terms Of Payment Shall Be As Follows: (a) On Contract Signature: Fifteen Percent (15%) Of The Contract Price Shall Be Paid Within Sixty (60) Days From Signing Of The Contract And Upon Submission Of A Claim And A Bank Guarantee For The Equivalent Amount Valid Until The Goods Are Delivered And In The Form Provided In Section Viii. Bidding Forms. (b) On Delivery: Sixty-five Percent (65%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Receipt Of The Goods And Upon Submission Of The Documents (i) Through (vi) Specified In The Scc Provision On Delivery And Documents. (c) On Acceptance: The Remaining Twenty Percent (20%) Of The Contract Price Shall Be Paid To The Supplier Within Sixty (60) Days After The Date Of Submission Of The Acceptance And Inspection Certificate For The Respective Delivery Issued By The Procuring Entity’s Authorized Representative. In The Event That No Inspection Or Acceptance Certificate Is Issued By The Procuring Entity’s Authorized Representative Within Forty Five (45) Days Of The Date Shown On The Delivery Receipt The Supplier Shall Have The Right To Claim Payment Of The Remaining Twenty Percent (20%) Subject To The Procuring Entity’s Own Verification Of The Reason(s) For The Failure To Issue Documents (vii) And (viii) As Described In The Scc Provision On Delivery And Documents. 11.3 All Progress Payments Shall First Be Charged Against The Advance Payment Until The Latter Has Been Fully Exhausted. 12. Taxes And Duties The Supplier, Whether Local Or Foreign, Shall Be Entirely Responsible For All The Necessary Taxes, Stamp Duties, License Fees, And Other Such Levies Imposed For The Completion Of This Contract. 13. Performance Security 13.1 Unless Otherwise Specified In The Scc, Within Ten (10) Calendar Days From Receipt Of The Notice Of Award From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any The Forms Prescribed In The Itb Clause 33.2. 13.2 The Performance Security Posted In Favor Of The Procuring Entity Shall Be Forfeited In The Event It Is Established That The Winning Bidder Is In Default In Any Of Its Obligations Under The Contract. 13.3 The Performance Security Shall Remain Valid Until Issuance By The Procuring Entity Of The Certificate Of Final Acceptance. 13.4 Unless Otherwise Specified In The Scc, The Performance Security May Be Released By The Procuring Entity And Returned To The Supplier After The Issuance Of The Certificate Of Final Acceptance Subject To The Following Conditions. (a) There Are No Pending Claims Against The Supplier Or The Surety Company Filed By The Procuring Entity; (b) The Supplier Has No Pending Claims For Labor And Materials Filed Against It; And (c) Other Terms Specified In The Scc 13.5 In Case Of A Reduction Of The Contract Value, The Procuring Entity Shall Allow A Proportional Reduction In The Original Performance Security, Provided That Any Such Reduction Is More Than Ten Percent (10%) And That The Aggregate Of Such Reductions Is Not More Than Fifty Percent (50%) Of The Original Performance Security. 14. Use Of Contract Documents And Information 14.1 The Supplier Shall Not, Except For Purposes Of Performing The Obligations In This Contract, Without The Procuring Entity’s Prior Written Consent, Disclose This Contract, Or Any Provision Thereof, Or Any Specification, Plan, Drawing, Pattern, Sample, Or Information Furnished By Or On Behalf Of The Procuring Entity. Any Such Disclosure Shall Be Made In Confidence And Shall Extend Only As Far As May Be Necessary For Purposes Of Such Performance. 14.2 Any Document, Other Than This Contract Itself, Enumerated In Gcc Clause 14.1shall Remain The Property Of The Procuring Entity And Shall Be Returned (all Copies) To The Procuring Entity On Completion Of The Supplier’s Performance Under This Contract If So Required By The Procuring Entity. 15. Standards The Goods Provided Under This Contract Shall Conform To The Standards Mentioned In The Section Vii – Technical Specifications,; And, When No Applicable Standard Is Mentioned, To The Authoritative Standards Appropriate To The Goods’ Country Of Origin. Such Standards Shall Be The Latest Issued By The Institution Concerned. 16. Inspection And Tests 16.1 The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Contract Specifications At No Extra Cost To The Procuring Entity. The Scc And Section Vii – Technical Specifications Shall Specify What Inspections And/or Tests The Procuring Entity Requires And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. 16.2 If Applicable, The Inspections And Tests May Be Conducted On The Premises Of The Supplier Or Its Subcontractor(s), At Point Of Delivery, And/or At The Goods’ Final Destination. If Conducted On The Premises Of The Supplier Or Its Subcontractor(s), All Reasonable Facilities And Assistance, Including Access To Drawings And Production Data, Shall Be Furnished To The Inspectors At No Charge To The Procuring Entity. 16.3 The Procuring Entity Or Its Designated Representative Shall Be Entitled To Attend The Tests And/or Inspections Referred To In This Clause Provided That The Procuring Entity Shall Bear All Of Its Own Costs And Expenses Incurred In Connection With Such Attendance Including, But Not Limited To, All Traveling And Board And Lodging Expenses. 16.4 The Procuring Entity May Reject Any Goods Or Any Part Thereof That Fail To Pass Any Test And/or Inspection Or Do Not Conform To The Specifications. The Supplier Shall Either Rectify Or Replace Such Rejected Goods Or Parts Thereof Or Make Alterations Necessary To Meet The Specifications At No Cost To The Procuring Entity, And Shall Repeat The Test And/or Inspection, At No Cost To The Procuring Entity, Upon Giving A Notice Pursuant To Gcc Clause 5. 16.5 The Supplier Agrees That Neither The Execution Of A Test And/or Inspection Of The Goods Or Any Part Thereof, Nor The Attendance By The Procuring Entity Or Its Representative, Shall Release The Supplier From Any Warranties Or Other Obligations Under This Contract. 17. Warranty 17.1 The Supplier Warrants That The Goods Supplied Under The Contract Are New, Unused, Of The Most Recent Or Current Models, And That They Incorporate All Recent Improvements In Design And Materials, Except When The Technical Specifications Required By The Procuring Entity Provides Otherwise. 17.2 The Supplier Further Warrants That All Goods Supplied Under This Contract Shall Have No Defect, Arising From Design, Materials, Or Workmanship Or From Any Act Or Omission Of The Supplier That May Develop Under Normal Use Of The Supplied Goods In The Conditions Prevailing In The Country Of Final Destination. 17.3 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier For A Minimum Period Specified In The Scc. The Obligation For The Warranty Shall Be Covered By, At The Supplier’s Option, Either Retention Money In An Amount Equivalent To At Least One Percent (1%) Of Every Progress Payment, Or A Special Bank Guarantee Equivalent To At Least One Percent (1%) Of The Contract Price Or Other Such Amount If So Specified In Thescc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity 17.5 If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law 18 Delays In The Supplier’s Performance 18.1 Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi – Schedule Of Requirements. 18.2 If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3 Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc Clause 18 And 22, If The Supplier Fails To Satisfactorily Deliver Any Or All Of The Goods And/or To Perform The Services Within The Period(s) Specified In This Contract Inclusive Of Duly Granted Time Extensions If Any, The Procuring Entity Shall, Without Prejudice To Its Other Remedies Under This Contract And Under The Applicable Law, Deduct From The Contract Price, As Liquidated Damages, A Sum Equivalent To The Percentage Specified In Thescc Of The Delivered Price Of The Delayed Goods Or Unperformed Services For Each Week Or Part Thereof Of Delay Until Actual Delivery Or Performance, Up To A Maximum Deduction Of The Percentage Specified In The Scc. Once The Maximum Is Reached, The Procuring Entity Shall Rescind The Contract Pursuant To Gcc Clause 23, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20. Settlement Of Disputes 20.1 If Any Dispute Or Difference Of Any Kind Whatsoever Shall Arise Between The Procuring Entity And The Supplier In Connection With Or Arising Out Of This Contract, The Parties Shall Make Every Effort To Resolve Amicably Such Dispute Or Difference By Mutual Consultation. 20.2 If After Thirty (30) Days, The Parties Have Failed To Resolve Their Dispute Or Difference By Such Mutual Consultation, Then Either The Procuring Entity Or The Supplier May Give Notice To The Other Party Of Its Intention To Commence Arbitration, As Hereinafter Provided, As To The Matter In Dispute, And No Arbitration In Respect Of This Matter May Be Commenced Unless Such Notice Is Given. 20.3 Any Dispute Or Difference In Respect Of Which A Notice Of Intention To Commence Arbitration Has Been Given In Accordance With This Clause Shall Be Settled By Arbitration. Arbitration May Be Commenced Prior To Or After Delivery Of The Goods Under This Contract. 20.4 Arbitration Proceedings Shall Be Conducted In Accordance With The Rules Of Procedure Specified In The Scc. 20.5 Notwithstanding Any Reference To Arbitration Herein, The Parties Shall Continue To Perform Their Respective Obligations Under The Contract Unless They Otherwise Agree; And The Procuring Entity Shall Pay The Supplier Any Monies Due The Supplier. 21 Liability Of The Supplier 21.1 Subject To Additional Provisions, If Any, Set Forth In The Scc, The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. 21.2 Except In Cases Of Criminal Negligence Or Willful Misconduct, And In The Case Of Infringement Of Patent Rights, If Applicable, The Aggregate Liability Of The Supplier To The Procuring Entity Shall Not Exceed The Total Contract Price, Provided That This Limitation Shall Not Apply To The Cost Of Repairing Or Replacing Defective Equipment. 22. Force Majeure 22.1 The Supplier Shall Not Be Liable For Forfeiture Of Its Performance Security, Liquidated Damages, Or Termination For Default If And To The Extent That Its Delay In Performance Or Other Failure To Perform Its Obligations Under The Contract Is The Result Of A Force Majeure. 22.2 For Purposes Of This Contract The Terms “force Majeure” And “fortuitous Event” May Be Used Interchangeably. In This Regard, A Fortuitous Event Or Force Majeure Shall Be Interpreted To Mean An Event Which The Contractor Could Not Have Foreseen, Or Which Though Foreseen, Was Inevitable. It Shall Not Include Ordinary Unfavorable Weather Conditions; And Any Other Cause The Effects Of Which Could Have Been Avoided With The Exercise Of Reasonable Diligence By The Contractor. 22.3 If A Force Majeure Situation Arises, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of Such Condition And The Cause Thereof. Unless Otherwise Directed By The Procuring Entity In Writing, The Supplier Shall Continue To Perform Its Obligations Under The Contract As Far As Is Reasonably Practical, And Shall Seek All Reasonable Alternative Means For Performance Not Prevented By The Force Majeure. 23. Termination For Default 23.1 The Procuring Entity Shall Terminate This Contract For Default When Any Of The Following Conditions Attends Its Implementation. (a) Outside Of Force Majeure, The Supplier Fails To Deliver Or Perform Any Or All Of The Goods Within The Period(s) Specified In The Contract, Or Within Any Extension Thereof Granted By The Procuring Entity Pursuant To A Request Made By The Supplier Prior To The Delay, And Such Failure Amounts To At Least Ten Percent (10%) Of The Contact Price; (b) As A Result Of Force Majeure, The Supplier Is Unable To Deliver Or Perform Any Or All Of The Goods, Amounting To At Least Ten Percent (10%) Of The Contract Price, For A Period Of Not Less Than Sixty (60) Calendar Days After Receipt Of The Notice From The Procuring Entity Stating That The Circumstance Of Force Majeure Is Deemed To Have Ceased; Or (c) The Supplier Fails To Perform Any Other Obligation Under The Contract.. 23.2 In The Event The Procuring Entity Terminates This Contract In Whole Or In Part, For Any Of The Reasons Provided Under Gcc Clauses 23 To 26, The Procuring Entity May Procure, Upon Such Terms And In Such Manner As It Deems Appropriate, Goods Or Services Similar To Those Undelivered, And The Supplier Shall Be Liable To The Procuring Entity For Any Excess Costs For Such Similar Goods Or Services. However, The Supplier Shall Continue Performance Of This Contract To The Extent Not Terminated. 23.3 In Case The Delay In The Delivery Of The Goods And/or Performance Of The Services Exceeds A Time Duration Equivalent To Ten Percent (10%) Of The Specified Contract Time Plus Any Time Extension Duly Granted To The Supplier, The Procuring Entity May Terminate This Contract, Forfeit The Supplier's Performance Security And Award The Same To A Qualified Supplier. 24. Termination For Insolvency The Procuring Entity Shall Terminate This Contract If The Supplier Is Declared Bankrupt Or Insolvent As Determined With Finality By A Court Of Competent Jurisdiction. In This Event, Termination Will Be Without Compensation To The Supplier, Provided That Such Termination Will Not Prejudice Or Affect Any Right Of Action Or Remedy Which Has Accrued Or Will Accrue Thereafter To The Procuring Entity And/or The Supplier. 25. Termination For Convenience 25.1 The Procuring Entity May Terminate This Contract, In Whole Or In Part, At Any Time For Its Convenience. The Head Of The Procuring Entity May Terminate A Contract For The Convenience Of The Government If He Has Determined The Existence Of Conditions That Make Project Implementation Economically, Financially Or Technically Impractical And/or Unnecessary, Such As, But Not Limited To, Fortuitous Event(s) Or Changes In Law And National Government Policies. 25.2 The Goods That Have Been Delivered And/or Performed Or Are Ready For Delivery Or Performance Within Thirty (30) Calendar Days After The Supplier’s Receipt Of Notice To Terminate Shall Be Accepted By The Procuring Entity At The Contract Terms And Prices. For Goods Not Yet Performed And/or Ready For Delivery, The Procuring Entity May Elect: (a) To Have Any Portion Delivered And/or Performed And Paid At The Contract Terms And Prices; And/or (b) To Cancel The Remainder And Pay To The Supplier An Agreed Amount For Partially Completed And/or Performed Goods And For Materials And Parts Previously Procured By The Supplier. 25.3 If The Supplier Suffers Loss In Its Initial Performance Of The Terminated Contract, Such As Purchase Of Raw Materials For Goods Specially Manufactured For The Procuring Entity Which Cannot Be Sold In Open Market, It Shall Be Allowed To Recover Partially From This Contract, On A Quantum Meruit Basis. Before Recovery May Be Made, The Fact Of Loss Must Be Established Under Oath By The Supplier To The Satisfaction Of The Procuring Entity Before Recovery May Be Made. 26. Termination For Unlawful Acts 26.1 The Procuring Entity May Terminate This Contract In Case It Is Determined Prima Facie That The Supplier Has Engaged, Before Or During The Implementation Of This Contract, In Unlawful Deeds And Behaviors Relative To Contract Acquisition And Implementation. Unlawful Acts Include, But Are Not Limited To, The Following: (a) Corrupt, Fraudulent, And Coercive Practices As Defined In Itb Clause 3.1(a); (b) Drawing Up Or Using Forged Documents; (c) Using Adulterated Materials, Means Or Methods, Or Engaging In Production Contrary To Rules Of Science Or The Trade; And (d) Any Other Act Analogous To The Foregoing. 27. Procedures For Termination Of Contracts 27.1 The Following Provisions Shall Govern The Procedures For Termination Of This Contract: (a) Upon Receipt Of A Written Report Of Acts Or Causes Which May Constitute Ground(s) For Termination As Aforementioned, Or Upon Its Own Initiative, The Implementing Unit Shall, Within A Period Of Seven (7) Calendar Days, Verify The Existence Of Such Ground(s) And Cause The Execution Of A Verified Report, With All Relevant Evidence Attached; (b) Upon Recommendation By The Implementing Unit, The Head Of The Procuring Entity Shall Terminate This Contract Only By A Written Notice To The Supplier Conveying The Termination Of This Contract. The Notice Shall State: (i) That This Contract Is Being Terminated For Any Of The Ground(s) Afore-mentioned, And A Statement Of The Acts That Constitute The Ground(s) Constituting The Same; (ii) The Extent Of Termination, Whether In Whole Or In Part; (iii) An Instruction To The Supplier To Show Cause As To Why This Contract Should Not Be Terminated; (iv) Special Instructions Of The Procuring Entity, If Any. (c) The Notice To Terminate Shall Be Accompanied By A Copy Of The Verified Report; (d) Within A Period Of Seven (7) Calendar Days From Receipt Of The Notice Of Termination, The Supplier Shall Submit To The Head Of The Procuring Entity A Verified Position Paper Stating Why This Contract Should Not Be Terminated. If The Supplier Fails To Show Cause After The Lapse Of The Seven (7) Day Period, Either By Inaction Or By Default, The Head Of The Procuring Entity Shall Issue An Order Terminating This Contract; (e) The Procuring Entity May, At Anytime Before Receipt Of The Supplier’s Verified Position Paper To Withdraw The Notice To Terminate If It Is Determined That Certain Items Or Works Subject Of The Notice Had Been Completed, Delivered, Or Performed Before The Supplier’s Receipt Of The Notice; (f) Within A Non-extendible Period Of Ten (10) Calendar Days From Receipt Of The Verified Position Paper, The Head Of The Procuring Entity Shall Decide Whether Or Not To Terminate This Contract. It Shall Serve A Written Notice To The Supplier Of Its Decision And, Unless Otherwise Provided, This Contract Is Deemed Terminated From Receipt Of The Supplier Of The Notice Of Decision. The Termination Shall Only Be Based On The Ground(s) Stated In The Notice To Terminate; (g) The Head Of The Procuring Entity May Create A Contract Termination Review Committee (ctrc) To Assist Him In The Discharge Of This Function. All Decisions Recommended By The Ctrc Shall Be Subject To The Approval Of The Head Of The Procuring Entity; And (h) The Supplier Must Serve A Written Notice To The Procuring Entity Of Its Intention To Terminate The Contract At Least Thirty (30) Calendar Days Before Its Intended Termination. The Contract Is Deemed Terminated If It Is Not Resumed In Thirty (30) Calendar Days After The Receipt Of Such Notice By The Procuring Entity. 28. Assignment Of Rights The Supplier Shall Not Assign His Rights Or Obligations Under This Contract, In Whole Or In Part, Except With The Procuring Entity’s Prior Written Consent. 29. Contract Amendment Subject To Applicable Laws, No Variation In Or Modification Of The Terms Of This Contract Shall Be Made Except By Written Amendment Signed By The Parties. 30. Application These General Conditions Shall Apply To The Extent That They Are Not Superseded By Provisions Of Other Parts Of This Contract. Section V – Special Conditions Of Contract Scc Clause 1.1(g) The Procuring Entity Is The Local Government Of Badiangan, Iloilo. 1.1(i) The Supplier Is ________________________________. 1.1(j) The Funding Source Is Through The General Fund Of The Local Government Of Badiangan, Iloilo. The Total Approved Budget For The Contract Is Eight Hundred Six Thousand Seven Hundred Eighty Pesos And Fifty Four Centavos Only ( Ᵽ806,780.54) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At The Municipal Hall, Badiangan, Iloilo. 5.1 The Procuring Entity’s Address For Notices Is: Atty. Suzette A. Mamon Municipal Mayor Badiangan Municipal Hall R.c. Tabiana St., Poblacion, Badiangan, Iloilo 5033 Tel. No: Mayor’s Office (033-320-0807) 6.2 The Additional Requirements For The Completion Of This Contract Are As Follows: Delivery And Documents - For Purposes Of The Contract(s), “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of The Contract(s) Shall Be As Follows: For Domestic Suppliers, “the Delivery Terms Applicable To This Contract Are Delivered To The Municipal Hall, Badiangan, Iloilo. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi – Schedule Of Requirements. The Details Of Shipping And/or Other Documents To Be Furnished By The Supplier Are As Follows: Upon Delivery Of Goods To The Project Site, The Supplier Shall Notify The Procuring Entity And Present The Following Documents To The Procuring Entity: (i) Original And Four Copies Of The Supplier’s Invoice Showing Goods’ Description, Quantity, Unit Price, And Total Amount; (ii) Original And Four Copies Delivery Receipt/note, Railway Receipt Or Truck Receipt; (iii) Original Supplier’s Factory Inspection Report; (iv) Original And Four Copies Of The Manufacturer’s And/or Supplier’s Warranty Certificate; (v) Original And Four Copies Of The Certificate Of Origin (for Imported Goods); (vi) Delivery Receipt Detailing Number And Description Of Items Received Signed By The Authorized Receiving Personnel; (vii) Certificate Of Acceptance/inspection Report Signed By The Procuring Entity’s Representative At The Project Site; And (viii) Four Copies Of The Invoice Receipt For Property Signed By The Procuring Entity’s Representative At The Project Site. For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Mrs. Elenor G. Navio, Private Secretary I/ Supply Officer Iii, Badiangan, Iloilo. Incidental Services - The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi – Schedule Of Requirements. (a) Performance Or Supervision Of On-site Assembly And/or Start Up Of The Supplied Goods; (b) Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; (c) Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; (d) Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And (e) Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Insurance – The Goods Supplied Under This Contract Shall Be Fully Insured By The Supplier In A Freely Convertible Currency Against Loss Or Damage Incidental To Manufacture Or Acquisition, Transportation, Storage, And Delivery. The Goods Remain At The Risk And Title Of The Supplier Until Their Final Acceptance By The Procuring Entity. Transportation - Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure In Accordance With Gcc Clause 22. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Patent Rights - The Supplier Shall Indemnify The Procuring Entity Against All Third Party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 9 Bid Prices Are Considered Fixed Prices, And Therefore Not Subject To Price Escalation During Contract Implementation, Except Under Extraordinary Circumstances And Upon Prior Approval Of The Gppb In Accordance With Section 61 Of R.a. 9184 And Its Irr-a. 10.1 No Further Instructions. 10.4 No Further Instructions. 13.1 No Further Instructions. 13.4 No Further Instructions. 13.4 (c) No Further Instructions. 16.1 The Inspection And Test That Will Be Conducted Is Physical Inspection. 17.3 The Goods Shall Have A Warranty Period Of Three (3) Months After Acceptance By The Procuring Entity Of The Delivered Goods Or After The Goods Are Consumed Whichever Is Earlier. 17.4 & 17.5 The Period For Correction Of Defects In The Warranty Period Is Seven (7) Calendar Days From Either Verbal Or Written Notification. 19 The Applicable Rate Is One Tenth (1/10) Of One (1) Percent Of The Cost Of The Unperformed Portion For Every Day Of Delay. The Maximum Deduction Shall Be Ten Percent (10%) Of The Amount Of Contract. Once The Cumulative Amount Of Liquidated Damages Reaches Ten Percent (10%) Of The Amount Of The Contract, The Procuring Entity Shall Rescind The Contract, Without Prejudice To Other Courses Of Action And Remedies Open To It. 20.4 In The Case Of A Dispute Between The Procuring Entity And The Supplier, The Dispute Shall Be Resolved In Accordance With Republic Act 9285 (“r.a. 9285”), Otherwise Known As The “alternative Dispute Resolution Act Of 2004.” 21.1 No Additional Provisions. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Days/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site Item No. Description Quantity Total Delivered, Days/months 1. Air Freshener, Big (320ml) 73 Bots. 73 Bots. 30 Calendar Days Upon Receipt Of P.o. 2. Air Freshener, Big (70g) 64 Cans. 64 Cans. 30 Calendar Days Upon Receipt Of P.o. 3. Alcohol, Ethyl, 1 Gallon 1 Gallon 1 Gallon 30 Calendar Days Upon Receipt Of P.o. 4. Alcohol, Ethyl, 500ml 50 Bottle 50 Bottle 30 Calendar Days Upon Receipt Of P.o. 5. Soft Broom 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 6. Ballpen, Black (0.5) 749 Pcs. 749 Pcs. 30 Calendar Days Upon Receipt Of P.o. 7. Ballpen, Blue (0.5) 331 Pcs. 331 Pcs. 30 Calendar Days Upon Receipt Of P.o. 8. Ballpen, Red (0.5) 109 Pcs. 109 Pcs. 30 Calendar Days Upon Receipt Of P.o. 9. Battery, Aa 80 Pcs. 80 Pcs. 30 Calendar Days Upon Receipt Of P.o. 10. Battery, Aaa 73 Pcs. 73 Pcs. 30 Calendar Days Upon Receipt Of P.o. 11. Binding Stapler (40 Sheets) 1 Unit 1 Unit 30 Calendar Days Upon Receipt Of P.o. 12. Bondpaper A3, Sub 20 11 Reams 11 Reams 30 Calendar Days Upon Receipt Of P.o. 13. Bondpaper A4, Sub 20 150 Reams 150 Reams 30 Calendar Days Upon Receipt Of P.o. 14. Bondpaper, Sub 16, Long (8 1/2 X 13) 31 Reams 31 Reams 30 Calendar Days Upon Receipt Of P.o. 15. Bondpaper, Sub 16, Short (8 1/2 X 11) 30 Reams 30 Reams 30 Calendar Days Upon Receipt Of P.o. 16. Bondpaper, Sub 20, Long (8 1/2 X 13) 518 Reams 518 Reams 30 Calendar Days Upon Receipt Of P.o. 17. Bondpaper, Sub 20, Short (8 1/2 X 11) 433 Reams 433 Reams 30 Calendar Days Upon Receipt Of P.o. 18. Broom (walis Tambo) 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 19. Broom (walis Ting-ting) 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 20. Brown Envelop, Long 527 Pcs. 527 Pcs. 30 Calendar Days Upon Receipt Of P.o. 21. Brown Envelop, Short 607 Pcs. 607 Pcs. 30 Calendar Days Upon Receipt Of P.o. 22. Brown Kraft Paper Bag With Twine (small) 50 Pcs. 50 Pcs. 30 Calendar Days Upon Receipt Of P.o. 23. Brown Kraft Paper Bag With Twine (medium) 50 Pcs. 50 Pcs. 30 Calendar Days Upon Receipt Of P.o. 24. Brown Kraft Paper Bag With Twine (large) 50 Pcs. 50 Pcs. 30 Calendar Days Upon Receipt Of P.o. 25. Calculator Scientific 1 Unit 1 Unit 30 Calendar Days Upon Receipt Of P.o. 26. Calculator, 12 Digits 17 Unit 17 Unit 30 Calendar Days Upon Receipt Of P.o. 27. Cash Book, Cash In Treasury 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 28. Cellophane Tape 1/2' 3 Rolls 3 Rolls 30 Calendar Days Upon Receipt Of P.o. 29. Cellophane Tape 2” 9 Rolls 9 Rolls 30 Calendar Days Upon Receipt Of P.o. 30. Cellophane Tape 1” 7 Rolls 7 Rolls 30 Calendar Days Upon Receipt Of P.o. 31. Certificate Holder, Long (8 1/2 X 13) 45 Pcs. 45 Pcs. 30 Calendar Days Upon Receipt Of P.o. 32. Certificate Holder, Short (8 1/2 X 11) 55 Pcs. 55 Pcs. 30 Calendar Days Upon Receipt Of P.o. 33. Certificate Holder 8.5 X 11 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 34. Certificate Frame (8 1/2 X 11) 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 35. Cleaner, Toilet And Urinal 1 Bottle 1 Bottle 30 Calendar Days Upon Receipt Of P.o. 36. Clear File Folder (refillable), Long 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 37. Clearbook, Legal 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 38. Clip, Backfold, 25mm 1 Box 1 Box 30 Calendar Days Upon Receipt Of P.o. 39. Clip, Backfold, 50mm 2 Box 2 Box 30 Calendar Days Upon Receipt Of P.o. 40. Computer Ink Hp680, Black 3 Bots. 3 Bots. 30 Calendar Days Upon Receipt Of P.o. 41. Computer Ink Hp680, Colored 3 Bots. 3 Bots. 30 Calendar Days Upon Receipt Of P.o. 42. Computer Ink Hp704, Black 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 43. Computer Ink Hp704, Colored 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 44. Computer Ink, 001, Black 6 Bots. 6 Bots. 30 Calendar Days Upon Receipt Of P.o. 45. Computer Ink, 001, Cyan 3 Bots. 3 Bots. 30 Calendar Days Upon Receipt Of P.o. 46. Computer Ink, 001, Magenta 3 Bots. 3 Bots. 30 Calendar Days Upon Receipt Of P.o. 47. Computer Ink, 001, Yellow 3 Bots. 3 Bots. 30 Calendar Days Upon Receipt Of P.o. 48. Computer Ink, 003, Black 90 Bots. 90 Bots. 30 Calendar Days Upon Receipt Of P.o. 49. Computer Ink, 003, Cyan 42 Bots. 42 Bots. 30 Calendar Days Upon Receipt Of P.o. 50. Computer Ink, 003, Magenta 42 Bots. 42 Bots. 30 Calendar Days Upon Receipt Of P.o. 51. Computer Ink, 003, Yellow 42 Bots. 42 Bots. 30 Calendar Days Upon Receipt Of P.o. 52. Computer Ink, Bt 5000, Cyan 9 Bots. 9 Bots. 30 Calendar Days Upon Receipt Of P.o. 53. Computer Ink, Bt 5000, Magenta 9 Bots. 9 Bots. 30 Calendar Days Upon Receipt Of P.o. 54. Computer Ink, Bt 5000, Yellow 9 Bots. 9 Bots. 30 Calendar Days Upon Receipt Of P.o. 55. Computer Ink, Bt D60, Black 14 Bots. 14 Bots. 30 Calendar Days Upon Receipt Of P.o. 56. Computer Ink, Gt51, Black 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 57. Computer Ink, Gt52, Cyan 2 Bots. 2 Bots. 30 Calendar Days Upon Receipt Of P.o. 58. Computer Ink, Gt53, Magenta 2 Bots. 2 Bots. 30 Calendar Days Upon Receipt Of P.o. 59. Computer Ink, Gt54, Yellow 2 Bots. 2 Bots. 30 Calendar Days Upon Receipt Of P.o. 60. Computer Ink, T6641 (black) 60 Bots. 60 Bots. 30 Calendar Days Upon Receipt Of P.o. 61. Computer Ink, T6642 (cyan) 11 Bots. 11 Bots. 30 Calendar Days Upon Receipt Of P.o. 62. Computer Ink, T6643 (magenta) 11 Bots. 11 Bots. 30 Calendar Days Upon Receipt Of P.o. 63. Computer Ink, T6644 (yellow) 11 Bots. 11 Bots. 30 Calendar Days Upon Receipt Of P.o. 64. Computer Ink, 790 (black) 5 Bots. 5 Bots. 30 Calendar Days Upon Receipt Of P.o. 65. Computer Ink, 790 (cyan) 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 66. Computer Ink, 790 (yellow) 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 67. Computer Ink, 790 (magenta) 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 68. Computer Keyboard 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 69. Computer Mouse 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 70. Computer Mouse And Keyboard (wireless) 2 Set 2 Set 30 Calendar Days Upon Receipt Of P.o. 71. Cork Board 4' X 4' 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 72. Correction Fluid Pen 27 Pcs. 27 Pcs. 30 Calendar Days Upon Receipt Of P.o. 73. Correction Tape 158 Piece 158 Piece 30 Calendar Days Upon Receipt Of P.o. 74. Corrugated Legal Size Filing Box 10 Pc. 10 Pc. 30 Calendar Days Upon Receipt Of P.o. 75. Cotton Zipper Envelop, Long 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 76. Colored Paper, A4 (yellow) 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 77. Colored Paper, A4 (green) 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 78. Colored Paper, A4 (pink) 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 79. Colored Paper, A4 (blue) 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 80. Cutter ( Plastic), Small 29 Pcs. 29 Pcs. 30 Calendar Days Upon Receipt Of P.o. 81. Cutter (heavy Duty, Metal), Big 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 82. Cutter Blade, Big, 12s 8 Pcs. 8 Pcs. 30 Calendar Days Upon Receipt Of P.o. 83. Data Folder 18 Pcs. 18 Pcs. 30 Calendar Days Upon Receipt Of P.o. 84. Detergent Powder, All-purpose (500grams) 11 Pouch 11 Pouch 30 Calendar Days Upon Receipt Of P.o. 85. Disinfectant Spray 170g 8 Pcs. 8 Pcs. 30 Calendar Days Upon Receipt Of P.o. 86. Disinfectant Spray, Aerosol, 400g (min) 3 Can 3 Can 30 Calendar Days Upon Receipt Of P.o. 87. Door Mat (rubber) 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 88. Double Adhesive Tape 5 Rolls 5 Rolls 30 Calendar Days Upon Receipt Of P.o. 89. Double Sided Tape 13 Rolls 13 Rolls 30 Calendar Days Upon Receipt Of P.o. 90. Double Sided Tape 1/2" 5 Rolls 5 Rolls 30 Calendar Days Upon Receipt Of P.o. 91. Double Sided Tape 3/4" 7 Rolls 7 Rolls 30 Calendar Days Upon Receipt Of P.o. 92. Duct Tape 2 Rolls 2 Rolls 30 Calendar Days Upon Receipt Of P.o. 93. Dust Pan (plastic) 3 Piece 3 Piece 30 Calendar Days Upon Receipt Of P.o. 94. Electrical Tape, Small 2 Rolls 2 Rolls 30 Calendar Days Upon Receipt Of P.o. 95. Envelop Plastic, Long 322 Pcs. 322 Pcs. 30 Calendar Days Upon Receipt Of P.o. 96. Envelop Plastic, Short 139 Pcs. 139 Pcs. 30 Calendar Days Upon Receipt Of P.o. 97. Envelop, Expanding, Plastic 20 Pcs. 20 Pcs. 30 Calendar Days Upon Receipt Of P.o. 98. Eraser, Big 39 Pcs. 39 Pcs. 30 Calendar Days Upon Receipt Of P.o. 99. Eraser, Rubber, Small 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 100. Expanded Envelop, Brown, Long 59 Pcs. 59 Pcs. 30 Calendar Days Upon Receipt Of P.o. 101. Expanded Envelop, Long 153 Pcs. 153 Pcs. 30 Calendar Days Upon Receipt Of P.o. 102. Expanded Folder Transparent, Long With Slide 60 Pcs. 60 Pcs. 30 Calendar Days Upon Receipt Of P.o. 103. Expanded Folder Transparent, Short With Slide 55 Pcs. 55 Pcs. 30 Calendar Days Upon Receipt Of P.o. 104. Expanded Folder, Long, Thick Green 250 Pcs. 250 Pcs. 30 Calendar Days Upon Receipt Of P.o. 105. External Hard Disc 1 Tb 1 Unit 1 Unit 30 Calendar Days Upon Receipt Of P.o. 106. Fastener, Metal 1 Box 1 Box 30 Calendar Days Upon Receipt Of P.o. 107. Fastener, Plastic 41 Boxes 41 Boxes 30 Calendar Days Upon Receipt Of P.o. 108. Feather Duster 5 Pcs. 5 Pcs. 30 Calendar Days Upon Receipt Of P.o. 109. Filing Box, Long With Cover 23 Pcs. 23 Pcs. 30 Calendar Days Upon Receipt Of P.o. 110. Filing Tray, 3 Layer 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 111. Filing Box, 4" 19 Pcs. 19 Pcs. 30 Calendar Days Upon Receipt Of P.o. 112. Fiing Folder, Long (green) 45 Pcs. 45 Pcs. 30 Calendar Days Upon Receipt Of P.o. 113. Filing Folder, Long (white) 1455 Pcs. 1455 Pcs. 30 Calendar Days Upon Receipt Of P.o. 114. Filing Folder, Short 353 Pcs. 353 Pcs. 30 Calendar Days Upon Receipt Of P.o. 115. Flash Drive (usb) 16gb 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 116. Flash Drive (usb) 32gb 11 Pcs. 11 Pcs. 30 Calendar Days Upon Receipt Of P.o. 117. Flash Drive (usb) 64gb 5 Pcs. 5 Pcs. 30 Calendar Days Upon Receipt Of P.o. 118. Flash Drive (usb) 8gb 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 119. Flat File Clip/ Fastener 6 Boxes 6 Boxes 30 Calendar Days Upon Receipt Of P.o. 120. Folder, Board, Long 20 Pcs. 20 Pcs. 30 Calendar Days Upon Receipt Of P.o. 121. Furniture Spray 320ml 36 Can 36 Can 30 Calendar Days Upon Receipt Of P.o. 122. Garbage Bag, (100's), Xl 14 Packs 14 Packs 30 Calendar Days Upon Receipt Of P.o. 123. Glass Cleaner 500ml 31 Pcs. 31 Pcs. 30 Calendar Days Upon Receipt Of P.o. 124. Glass Wiper 7 Pcs. 7 Pcs. 30 Calendar Days Upon Receipt Of P.o. 125. Glue Gun (small) 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 126. Glue Stick (small) 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 127. Glue, Multi-purpose 100g 20 Jar 20 Jar 30 Calendar Days Upon Receipt Of P.o. 128. Hand Soap, Liquid, 500ml 2 Bottle 2 Bottle 30 Calendar Days Upon Receipt Of P.o. 129. Insect Spray 320ml 2 Can 2 Can 30 Calendar Days Upon Receipt Of P.o. 130. Laminating Film (100pcs.) 1 Pack 1 Pack 30 Calendar Days Upon Receipt Of P.o. 131. Mailing Envelop, 6 3/4 (500's) 4 Boxes 4 Boxes 30 Calendar Days Upon Receipt Of P.o. 132. Mailing Envelop, 9 1/2 (500's) 4 Boxes 4 Boxes 30 Calendar Days Upon Receipt Of P.o. 133. Marker (pink, Yellow, Green) 25 Boxes 25 Boxes 30 Calendar Days Upon Receipt Of P.o. 134. Marker, Permanent, Black 3 Piece 3 Piece 30 Calendar Days Upon Receipt Of P.o. 135. Marker, Whiteboard, Black 3 Piece 3 Piece 30 Calendar Days Upon Receipt Of P.o. 136. Masking Tape 1” 14 Rolls 14 Rolls 30 Calendar Days Upon Receipt Of P.o. 137. Masking Tape 2” 20 Rolls 20 Rolls 30 Calendar Days Upon Receipt Of P.o. 138. Memo Sticky Note (1/2") 1 Pads 1 Pads 30 Calendar Days Upon Receipt Of P.o. 139. Mop Bucket, Heavy Duty, Hard Plastic 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 140. Mop With Spinner 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 141. Morocco Board, 8 1/2 X 13, Red, 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 142. Morocco Board, 8 1/2 X 11, White, 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 143. Morocco Board, 8 1/2 X 13, White, 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 144. Morocco Board, A4, Red, 100's 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 145. Mouse Pad 12 Pcs. 12 Pcs. 30 Calendar Days Upon Receipt Of P.o. 146. Multi-colored Paper, A4 (100's) 2 Packs 2 Packs 30 Calendar Days Upon Receipt Of P.o. 147. Note Pad,stick On, 3" X 3" 7 Pads 7 Pads 30 Calendar Days Upon Receipt Of P.o. 148. Packing Tape 1", Transparent 2 Rolls 2 Rolls 30 Calendar Days Upon Receipt Of P.o. 149. Packing Tape 2” 5 Rolls 5 Rolls 30 Calendar Days Upon Receipt Of P.o. 150. Packing Tape 2”, Transparent 2 Rolls 2 Rolls 30 Calendar Days Upon Receipt Of P.o. 151. Paper Clamps (double Clip 1”) 17 Boxes 17 Boxes 30 Calendar Days Upon Receipt Of P.o. 152. Paper Clamps (double Clip 2”) 13 Boxes 13 Boxes 30 Calendar Days Upon Receipt Of P.o. 153. Paper Clip, 33mm (vinyl Coated) 43 Box 43 Box 30 Calendar Days Upon Receipt Of P.o. 154. Paper Clip, 50mm (vinyl Coated) 41 Box 41 Box 30 Calendar Days Upon Receipt Of P.o. 155. Paper Trimmer/cutting Machine, Table Top 1 Unit 1 Unit 30 Calendar Days Upon Receipt Of P.o. 156. Payroll (timebook And Payroll) 4 Pads 4 Pads 30 Calendar Days Upon Receipt Of P.o. 157. Pencil #1 4 Boxes 4 Boxes 30 Calendar Days Upon Receipt Of P.o. 158. Pencil #2 15 Boxes 15 Boxes 30 Calendar Days Upon Receipt Of P.o. 159. Pencil Sharpener Machine 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 160. Pentel Pen Ink, Black 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 161. Pentel Pen, Black, Broad 46 Pcs. 46 Pcs. 30 Calendar Days Upon Receipt Of P.o. 162. Pentel Pen, Black, Fine 13 Pcs. 13 Pcs. 30 Calendar Days Upon Receipt Of P.o. 163. Photo Paper A3, 50's 2 Packs 2 Packs 30 Calendar Days Upon Receipt Of P.o. 164. Photo Paper A4, 20's 33 Packs 33 Packs 30 Calendar Days Upon Receipt Of P.o. 165. Photo Sensitive Stamp Ink (black), 10ml 1 Bots. 1 Bots. 30 Calendar Days Upon Receipt Of P.o. 166. Plastic Envelop W/ Zipper & Handle, Long 7 Pcs. 7 Pcs. 30 Calendar Days Upon Receipt Of P.o. 167. Plastic Envelop W/ Zipper & Handle, Short 5 Pcs. 5 Pcs. 30 Calendar Days Upon Receipt Of P.o. 168. Post It Sign Here 5 Pads 5 Pads 30 Calendar Days Upon Receipt Of P.o. 169. Post It Sticker (3"x3" Assorted) 31 Packs 31 Packs 30 Calendar Days Upon Receipt Of P.o. 170. Puncher, Heavy Duty (75xl) 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 171. Push Pins,100's 4 Boxes 4 Boxes 30 Calendar Days Upon Receipt Of P.o. 172. Rack Organizer Sturdy 4 Sections Plastic Office File/ Document Desk Organizer 5 Unit 5 Unit 30 Calendar Days Upon Receipt Of P.o. 173. Record Book 300pp 38 Book 38 Book 30 Calendar Days Upon Receipt Of P.o. 174. Record Book 500pp 39 Book 39 Book 30 Calendar Days Upon Receipt Of P.o. 175. Red Padding Glue 500g 1 Btls. 1 Btls. 30 Calendar Days Upon Receipt Of P.o. 176. Ring Binder 1" 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 177. Ring Binder 1/2" 11 Pcs. 11 Pcs. 30 Calendar Days Upon Receipt Of P.o. 178. Ring Binder 3/4" 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 179. Ring Binder 1/4" 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 180. Rubber Band, Giant 9 Boxes 9 Boxes 30 Calendar Days Upon Receipt Of P.o. 181. Rubber Band, Small 7 Boxes 7 Boxes 30 Calendar Days Upon Receipt Of P.o. 182. Rubbing Alcohol 500ml 86 Bots. 86 Bots. 30 Calendar Days Upon Receipt Of P.o. 183. Ruler 12” 27 Pcs. 27 Pcs. 30 Calendar Days Upon Receipt Of P.o. 184. Sako Bag (big) 15 Pcs. 15 Pcs. 30 Calendar Days Upon Receipt Of P.o. 185. Scissor 10" (big) 18 Pcs. 18 Pcs. 30 Calendar Days Upon Receipt Of P.o. 186. Scotch Tape 1" 33 Rolls 33 Rolls 30 Calendar Days Upon Receipt Of P.o. 187. Scotch Tape 2" 19 Rolls 19 Rolls 30 Calendar Days Upon Receipt Of P.o. 188. Sign Pen, 0.5, Black 180 Pcs. 180 Pcs. 30 Calendar Days Upon Receipt Of P.o. 189. Sign Pen, 0.5, Blue 157 Pcs. 157 Pcs. 30 Calendar Days Upon Receipt Of P.o. 190. Signature Folder 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 191. Specialty Paper, A4 10's, Crème 7 Packs 7 Packs 30 Calendar Days Upon Receipt Of P.o. 192. Specialty Paper, A4 10's, Green 3 Packs 3 Packs 30 Calendar Days Upon Receipt Of P.o. 193. Specialty Paper, Long 12's (8 1/2 X 13"), Crème 50 Packs 50 Packs 30 Calendar Days Upon Receipt Of P.o. 194. Specialty Paper, Long 12's (8 1/2 X 13"), Green 13 Packs 13 Packs 30 Calendar Days Upon Receipt Of P.o. 195. Specialty Paper, Long 12's (8 1/2 X 11"), Green 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 196. Specialty Paper, Long 12's (8 1/2 X 11"), Crème 1 Packs 1 Packs 30 Calendar Days Upon Receipt Of P.o. 197. Specialty Paper, Short 20's (8 1/2 X 11") 23 Packs 23 Packs 30 Calendar Days Upon Receipt Of P.o. 198. Specialty Paper, Long 20's (8 1/2 X 13") 6 Packs 6 Packs 30 Calendar Days Upon Receipt Of P.o. 199. Specialty Paper, Short 12's (8 1/2 X 11") 3 Packs 3 Packs 30 Calendar Days Upon Receipt Of P.o. 200. Specialty Paper, Long 12's (8 1/2 X 13") 3 Packs 3 Packs 30 Calendar Days Upon Receipt Of P.o. 201. Stamping Pad Ink, Black 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 202. Stamping Pad Ink, Purple 8 Pcs. 8 Pcs. 30 Calendar Days Upon Receipt Of P.o. 203. Stamping Pad, 103 X 70mm 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 204. Stamping Pad, 118 X 81mm 7 Pcs. 7 Pcs. 30 Calendar Days Upon Receipt Of P.o. 205. Staple Wire #10, 12's 5 Boxes 5 Boxes 30 Calendar Days Upon Receipt Of P.o. 206. Staple Wire #35 63 Boxes 63 Boxes 30 Calendar Days Upon Receipt Of P.o. 207. Staple Wire No. 23/8 5 Boxes 5 Boxes 30 Calendar Days Upon Receipt Of P.o. 208. Staple Wire Remover 5 Boxes 5 Boxes 30 Calendar Days Upon Receipt Of P.o. 209. Staple Cartridge For Eh-70f 1 Box 1 Box 30 Calendar Days Upon Receipt Of P.o. 210. Stapler, #10 3 Boxes 3 Boxes 30 Calendar Days Upon Receipt Of P.o. 211. Stapler, #35 Hd – 50/50 R W/ Remover 14 Boxes 14 Boxes 30 Calendar Days Upon Receipt Of P.o. 212. Stick Glue (small) 16 Pcs. 16 Pcs. 30 Calendar Days Upon Receipt Of P.o. 213. Sticker Paper White, 20's (8 1/2 X 11) 14 Packs 14 Packs 30 Calendar Days Upon Receipt Of P.o. 214. Sticky Note 25x75mm 3 Pads Neon Color (assorted) 55 Pads 55 Pads 30 Calendar Days Upon Receipt Of P.o. 215. Subsidiary Ledger 500 Pcs. 500 Pcs. 30 Calendar Days Upon Receipt Of P.o. 216. Tape Dispenser, Big 1 Unit 1 Unit 30 Calendar Days Upon Receipt Of P.o. 217. Thumbtacks 7 Boxes 7 Boxes 30 Calendar Days Upon Receipt Of P.o. 218. Toilet Tissue Paper, 2 Ply (12's) 6 Pack 6 Pack 30 Calendar Days Upon Receipt Of P.o. 219. Trashbin, Swing Type, 11l 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 220. Typewritter Ribbon, Black 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 221. Vellum Board 8 1/2 X 13, Size 10's 3 Packs 3 Packs 30 Calendar Days Upon Receipt Of P.o. 222. Wall Clock (big) 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 223. White Board 2' X 3' 1 Pcs. 1 Pcs. 30 Calendar Days Upon Receipt Of P.o. 224. White Board Eraser 4 Boxes 4 Boxes 30 Calendar Days Upon Receipt Of P.o. 225. White Board Pen, Black 19 Boxes 19 Boxes 30 Calendar Days Upon Receipt Of P.o. 226. Yellow Pad 9 Pads 9 Pads 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Date: ____________________________________ Section Vii. Technical Specifications Note: In The Statement Of Compliance Column, Bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Goods Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidders Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Provisions Of Itb Clause 3.1(a)(ii) And/or Gcc Clause 2.1(a)(ii). Item No. Specifications Statement Of Compliance Cross Reference 1. Air Freshener, Big (320ml) 2. Air Freshener, Big (70g) 3. Alcohol, Ethyl, 1 Gallon 4. Alcohol, Ethyl, 500ml 5. Soft Broom 6. Ballpen, Black (0.5) 7. Ballpen, Blue (0.5) 8. Ballpen, Red (0.5) 9. Battery, Aa 10. Battery, Aaa 11. Binding Stapler (40 Sheets) 12. Bondpaper A3, Sub 20 13. Bondpaper A4, Sub 20 14. Bondpaper, Sub 16, Long (8 1/2 X 13) 15. Bondpaper, Sub 16, Short (8 1/2 X 11) 16. Bondpaper, Sub 20, Long (8 1/2 X 13) 17. Bondpaper, Sub 20, Short (8 1/2 X 11) 18. Broom (walis Tambo) 19. Broom (walis Ting-ting) 20. Brown Envelop, Long 21. Brown Envelop, Short 22. Brown Kraft Paper Bag With Twine (small) 23. Brown Kraft Paper Bag With Twine (medium) 24. Brown Kraft Paper Bag With Twine (large) 25. Calculator Scientific 26. Calculator, 12 Digits 27. Cash Book, Cash In Treasury 28. Cellophane Tape 1/2' 29. Cellophane Tape 2” 30. Cellophane Tape 1” 31. Certificate Holder, Long (8 1/2 X 13) 32. Certificate Holder, Short (8 1/2 X 11) 33. Certificate Holder 8.5 X 11 34. Certificate Frame (8 1/2 X 11) 35. Cleaner, Toilet And Urinal 36. Clear File Folder (refillable), Long 37. Clearbook, Legal 38. Clip, Backfold, 25mm 39. Clip, Backfold, 50mm 40. Computer Ink Hp680, Black 41. Computer Ink Hp680, Colored 42. Computer Ink Hp704, Black 43. Computer Ink Hp704, Colored 44. Computer Ink, 001, Black 45. Computer Ink, 001, Cyan 46. Computer Ink, 001, Magenta 47. Computer Ink, 001, Yellow 48. Computer Ink, 003, Black 49. Computer Ink, 003, Cyan 50. Computer Ink, 003, Magenta 51. Computer Ink, 003, Yellow 52. Computer Ink, Bt 5000, Cyan 53. Computer Ink, Bt 5000, Magenta 54. Computer Ink, Bt 5000, Yellow 55. Computer Ink, Bt D60, Black 56. Computer Ink, Gt51, Black 57. Computer Ink, Gt52, Cyan 58. Computer Ink, Gt53, Magenta 59. Computer Ink, Gt54, Yellow 60. Computer Ink, T6641 (black) 61. Computer Ink, T6642 (cyan) 62. Computer Ink, T6643 (magenta) 63. Computer Ink, T6644 (yellow) 64. Computer Ink, 790 (black) 65. Computer Ink, 790 (cyan) 66. Computer Ink, 790 (yellow) 67. Computer Ink, 790 (magenta) 68. Computer Keyboard 69. Computer Mouse 70. Computer Mouse And Keyboard (wireless) 71. Cork Board 4' X 4' 72. Correction Fluid Pen 73. Correction Tape 74. Corrugated Legal Size Fil Ing Box 75. Cotton Zipper Envelop, Long 76. Colored Paper, A4 (yellow) 100's 77. Colored Paper, A4 (green) 100's 78. Colored Paper, A4 (pink) 100's 79. Colored Paper, A4 (blue) 100's 80. Cutter ( Plastic), Small 81. Cutter (heavy Duty, Metal), Big 82. Cutter Blade, Big, 12s 83. Data Folder 84. Detergent Powder, All-purpose (500grams) 85. Disinfectant Spray 170g 86. Disinfectant Spray, Aerosol, 400g (min) 87. Door Mat (rubber) 88. Double Adhesive Tape 89. Double Sided Tape 90. Double Sided Tape 1/2" 91. Double Sided Tape 3/4" 92. Duct Tape 93. Dust Pan (plastic) 94. Electrical Tape, Small 95. Envelop Plastic, Long 96. Envelop Plastic, Short 97. Envelop, Expanding, Plastic 98. Eraser, Big 99. Eraser, Rubber, Small 100. Expanded Envelop, Brown, Long 101. Expanded Envelop, Long 102. Expanded Folder Transparent, Long With Slide 103. Expanded Folder Transparent, Short With Slide 104. Expanded Folder, Long, Thick Green 105. External Hard Disc 1 Tb 106. Fastener, Metal 107. Fastener, Plastic 108. Feather Duster 109. Filing Box, Long With Cover 110. Filing Tray, 3 Layer 111. Fi Ling Box, 4" 112. Filing Folder, Long (green) 113. Filing Folder, Long (white) 114. Filing Folder, Short 115. Flash Drive (usb) 16gb 116. Flash Drive (usb) 32gb 117. Flash Drive (usb) 64gb 118. Flash Drive (usb) 8gb 119. Flat File Clip/ Fastener 120. Folder, Board, Long 121. Furniture Spray 320ml 122. Garbage Bag, (100's), Xl 123. Glass Cleaner 500ml 124. Glass Wiper 125. Glue Gun (small) 126. Glue Stick (small) 127. Glue, Multi-purpose 100g 128. Hand Soap, Liquid, 500ml 129. Insect Spray 320ml 130. Laminating Film (100pcs.) 131. Mailing Envelop, 6 3/4 (500's) 132. Mailing Envelop, 9 1/2 (500's) 133. Marker (pink, Yellow, Green) 134. Marker, Permanent, Black 135. Marker, Whiteboard, Black 136. Masking Tape 1” 137. Masking Tape 2” 138. Memo Sticky Note (1/2") 139. Mop Bucket, Heavy Duty, Hard Plastic 140. Mop With Spinner 141. Morocco Board, 8 1/2 X 13, Red, 100's 142. Morocco Board, 8 1/2 X 11, White, 100's 143. Morocco Board, 8 1/2 X 13, White, 100's 144. Morocco Board, A4, Red, 100's 145. Mouse Pad 146. Multi-colored Paper, A4 (100's) 147. Note Pad,stick On, 3" X 3" 148. Packing Tape 1", Transparent 149. Packing Tape 2” 150. Packing Tape 2”, Transparent 151. Paper Clamps (double Clip 1”) 152. Paper Clamps (double Clip 2”) 153. Paper Clip, 33mm (vinyl Coated) 154. Paper Clip, 50mm (vinyl Coated) 155. Paper Trimmer/cutting Machine, Table Top 156. Payroll (timebook And Payroll) 157. Pencil #1 158. Pencil #2 159. Pencil Sharpener Machine 160. Pentel Pen Ink, Black 161. Pentel Pen, Black, Broad 162. Pentel Pen, Black, Fine 163. Photo Paper A3, 50's 164. Photo Paper A4, 20's 165. Photo Sensitive Stamp Ink (black), 10ml 166. Plastic Envelop W/ Zipper & Handle, Long 167. Plastic Envelop W/ Zipper & Handle, Short 168. Post It Sign Here 169. Post It Sticker (3"x3" Assorted) 170. Puncher, Heavy Duty (75xl) 171. Push Pins,100's 172. Rack Organizer Sturdy 4 Sections Plastic Office File/ Document Desk Organizer 173. Record Book 300pp 174. Record Book 500pp 175. Red Padding Glue 500g 176. Ring Binder 1" 177. Ring Binder 1/2" 178. Ring Binder 3/4" 179. Ring Binder 1/4" 180. Rubber Band, Giant 181. Rubber Band, Small 182. Rubbing Alcohol 500ml 183. Ruler 12” 184. Sako Bag (big) 185. Scissor 10" (big) 186. Scotch Tape 1" 187. Scotch Tape 2" 188. Sign Pen, 0.5, Black 189. Sign Pen, 0.5, Blue 190. Signature Folder 191. Specialty Paper, A4 10's, Crème 192. Specialty Paper, A4 10's, Green 193. Specialty Paper, Long 12's (8 1/2 X 13"), Crème 194. Specialty Paper, Long 12's (8 1/2 X 13"), Green 195. Specialty Paper, Long 12's (8 1/2 X 11"), Green 196. Specialty Paper, Long 12's (8 1/2 X 11"), Crème 197. Specialty Paper, Short 20's (8 1/2 X 11") 198. Specialty Paper, Long 20's (8 1/2 X 13") 199. Specialty Paper, Short 12's (8 1/2 X 11") 200. Specialty Paper, Long 12's (8 1/2 X 13") 201. Stamping Pad Ink, Black 202. Stamping Pad Ink, Purple 203. Stamping Pad, 103 X 70mm 204. Stamping Pad, 118 X 81mm 205. Staple Wire #10, 12's 206. Staple Wire #35 207. Staple Wire No. 23/8 208. Staple Wire Remover 209. Staple Cartridge For Eh-70f 210. Stapler, #10 211. Stapler, #35 Hd – 50/50 R W/ Remover 212. Stick Glue (small) 213. Sticker Paper White, 20's (8 1/2 X 11) 214. Sticky Note 25x75mm 3 Pads Neon Color (assorted) 215. Subsidiary Ledger 216. Tape Dispenser, Big 217. Thumbtacks 218. Toilet Tissue Paper, 2 Ply (12's) 219. Trashbin, Swing Type, 11l 220. Typewritter Ribbon, Black 221. Vellum Board 8 1/2 X 13, Size 10's 222. Wall Clock (big) 223. White Board 2' X 3' 224. White Board Eraser 225. White Board Pen, Black 226. Yellow Pad Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Date: ____________________________________ Section Viii. Bidding Forms Bid Form Date: Project Identification No.: To: [name And Address Of Procuring Entity] Gentlemen And/or Ladies: Having Examined The Philippine Bidding Documents (pbds) Including The Supplemental Or Bid Bulletin Numbers [insert Numbers], The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To [supply/deliver/perform] [description Of The Goods] In Conformity With The Said Pbds For The Sum Of [total Bid Amount In Words And Figures] Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors, And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To: [specify The Applicable Taxes, E.g. (i) Value Added Tax (vat), (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties], Which Are Itemized Herein Or In The Price Schedules. We Undertake, If Our Bid Is Accepted, To Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements. If Our Bid Is Accepted, We Undertake To Provide A Performance Security In The Form, Amounts, And Within The Times Specified In The Bidding Documents. We Agree To Abide By This Bid For The Bid Validity Period Specified In Bds Provision For Itb Clause 18.2 And It Shall Remain Binding Upon Us And May Be Accepted At Any Time Before The Expiration Of That Period. Commissions Or Gratuities, If Any, Paid Or To Be Paid By Us To Agents Relating To This Bid, And To Contract Execution If We Are Awarded The Contract, Are Listed Below: Name And Address Of Agent Amount And Currency Purpose Of Commission Or Gratuity (if None, State “none”) Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid, Or Any Bid You May Receive. We Certify/confirm That We Comply With The Eligibility Requirements As Per Itb Clause 5 Of The Bidding Documents. We Likewise Certify/ Confirm That The Undersigned, [ For Sole Proprietorships, Insert: As The Owner And Sole Proprietor Or Authorized Representative Of Name Of Bidder, Has The Full Power And Authority To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract, On The Latter's Behalf For The [name Of Project] Of The [name Of Procuring Entity] [for Partnerships, Corporations, Cooperatives, Or Joint Ventures, Insert: Is Granted Full Power And Authority By The Name Of Bidder, To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract On The Latter's Behalf For [name Of Project] Of The [name Of The Procuring Entity]. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 20______. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Date: ____________________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification No. __. Page Of . All Entries Must Be Computerized Or Typewritten 1 2 3 4 5 6 7 8 9 10 Item No. Description Country Of Origin Quantity Unit Unit Price Exw Per Item Transportation And Insurance And All Other Costs Incidental To Delivery, Per Item Sales And Other Taxes Payable If Contract Is Awarded, Per Item Cost Of Incidental Services, If Applicable, Per Item Total Price Per Unit (col 5 + 6 + 7 + 8) Total Price Delivered Final Destination (col. 9) X (col. 4) 1. Air Freshener, Big (320ml) 73 Bots. 2. Air Freshener, Big (70g) 64 Cans. 3. Alcohol, Ethyl, 1 Gallon 1 Gallon 4. Alcohol, Ethyl, 500ml 50 Bottle 5. Soft Broom 6 Pcs. 6. Ballpen, Black (0.5) 749 Pcs. 7. Ballpen, Blue (0.5) 331 Pcs. 8. Ballpen, Red (0.5) 109 Pcs. 9. Battery, Aa 80 Pcs. 10. Battery, Aaa 73 Pcs. 11. Binding Stapler (40 Sheets) 1 Unit 12. Bondpaper A3, Sub 20 11 Reams 13. Bondpaper A4, Sub 20 150 Reams 14. Bondpaper, Sub 16, Long (8 1/2 X 13) 31 Reams 15. Bondpaper, Sub 16, Short (8 1/2 X 11) 30 Reams 16. Bondpaper, Sub 20, Long (8 1/2 X 13) 518 Reams 17. Bondpaper, Sub 20, Short (8 1/2 X 11) 433 Reams 18. Broom (walis Tambo) 4 Pcs. 19. Broom (walis Ting-ting) 6 Pcs. 20. Brown Envelop, Long 527 Pcs. 21. Brown Envelop, Short 607 Pcs. 22. Brown Kraft Paper Bag With Twine (small) 50 Pcs. 23. Brown Kraft Paper Bag With Twine (medium) 50 Pcs. 24. Brown Kraft Paper Bag With Twine (large) 50 Pcs. 25. Calculator Scientific 1 Unit 26. Calculator, 12 Digits 17 Unit 27. Cash Book, Cash In Treasury 4 Pcs. 28. Cellophane Tape 1/2' 3 Rolls 29. Cellophane Tape 2” 9 Rolls 30. Cellophane Tape 1” 7 Rolls 31. Certificate Holder, Long (8 1/2 X 13) 45 Pcs. 32. Certificate Holder, Short (8 1/2 X 11) 55 Pcs. 33. Certificate Holder 8.5 X 11 10 Pcs. 34. Certificate Frame (8 1/2 X 11) 10 Pcs. 35. Cleaner, Toilet And Urinal 1 Bottle 36. Clear File Folder (refillable), Long 3 Pcs. 37. Clearbook, Legal 10 Pcs. 38. Clip, Backfold, 25mm 1 Box 39. Clip, Backfold, 50mm 2 Box 40. Computer Ink Hp680, Black 3 Bots. 41. Computer Ink Hp680, Colored 3 Bots. 42. Computer Ink Hp704, Black 1 Bots. 43. Computer Ink Hp704, Colored 1 Bots. 44. Computer Ink, 001, Black 6 Bots. 45. Computer Ink, 001, Cyan 3 Bots. 46. Computer Ink, 001, Magenta 3 Bots. 47. Computer Ink, 001, Yellow 3 Bots. 48. Computer Ink, 003, Black 90 Bots. 49. Computer Ink, 003, Cyan 42 Bots. 50. Computer Ink, 003, Magenta 42 Bots. 51. Computer Ink, 003, Yellow 42 Bots. 52. Computer Ink, Bt 5000, Cyan 9 Bots. 53. Computer Ink, Bt 5000, Magenta 9 Bots. 54. Computer Ink, Bt 5000, Yellow 9 Bots. 55. Computer Ink, Bt D60, Black 14 Bots. 56. Computer Ink, Gt51, Black 1 Bots. 57. Computer Ink, Gt52, Cyan 2 Bots. 58. Computer Ink, Gt53, Magenta 2 Bots. 59. Computer Ink, Gt54, Yellow 2 Bots. 60. Computer Ink, T6641 (black) 60 Bots. 61. Computer Ink, T6642 (cyan) 11 Bots. 62. Computer Ink, T6643 (magenta) 11 Bots. 63. Computer Ink, T6644 (yellow) 11 Bots. 64. Computer Ink, 790 (black) 5 Bots. 65. Computer Ink, 790 (cyan) 1 Bots. 66. Computer Ink, 790 (yellow) 1 Bots. 67. Computer Ink, 790 (magenta) 1 Bots. 68. Computer Keyboard 2 Pcs. 69. Computer Mouse 3 Pcs. 70. Computer Mouse And Keyboard (wireless) 2 Set 71. Cork Board 4' X 4' 1 Pcs. 72. Correction Fluid Pen 27 Pcs. 73. Correction Tape 158 Piece 74. Corrugated Legal Size Filling Box 10 Pc. 75. Cotton Zipper Envelop, Long 3 Pcs. 76. Colored Paper, A4 (yellow) 100's 1 Packs 77. Colored Paper, A4 (green) 100's 1 Packs 78. Colored Paper, A4 (pink) 100's 1 Packs 79. Colored Paper, A4 (blue) 100's 1 Packs 80. Cutter ( Plastic), Small 29 Pcs. 81. Cutter (heavy Duty, Metal), Big 2 Pcs. 82. Cutter Blade, Big, 12s 8 Pcs. 83. Data Folder 18 Pcs. 84. Detergent Powder, All-purpose (500grams) 11 Pouch 85. Disinfectant Spray 170g 8 Pcs. 86. Disinfectant Spray, Aerosol, 400g (min) 3 Can 87. Door Mat (rubber) 2 Pcs. 88. Double Adhesive Tape 5 Rolls 89. Double Sided Tape 13 Rolls 90. Double Sided Tape 1/2" 5 Rolls 91. Double Sided Tape 3/4" 7 Rolls 92. Duct Tape 2 Rolls 93. Dust Pan (plastic) 3 Piece 94. Electrical Tape, Small 2 Rolls 95. Envelop Plastic, Long 322 Pcs. 96. Envelop Plastic, Short 139 Pcs. 97. Envelop, Expanding, Plastic 20 Pcs. 98. Eraser, Big 39 Pcs. 99. Eraser, Rubber, Small 2 Pcs. 100. Expanded Envelop, Brown, Long 59 Pcs. 101. Expanded Envelop, Long 153 Pcs. 102. Expanded Folder Transparent, Long With Slide 60 Pcs. 103. Expanded Folder Transparent, Short With Slide 55 Pcs. 104. Expanded Folder, Long, Thick Green 250 Pcs. 105. External Hard Disc 1 Tb 1 Unit 106. Fastener, Metal 1 Box 107. Fastener, Plastic 41 Boxes 108. Feather Duster 5 Pcs. 109. Filing Box, Long With Cover 23 Pcs. 110. Filing Tray, 3 Layer 3 Pcs. 111. Filing Box, 4" 19 Pcs. 112. Filing Folder, Long (green) 45 Pcs. 113. Filing Folder, Long (white) 1455 Pcs. 114. Filing Folder, Short 353 Pcs. 115. Flash Drive (usb) 16gb 6 Pcs. 116. Flash Drive (usb) 32gb 11 Pcs. 117. Flash Drive (usb) 64gb 5 Pcs. 118. Flash Drive (usb) 8gb 4 Pcs. 119. Flat File Clip/ Fastener 6 Boxes 120. Folder, Board, Long 20 Pcs. 121. Furniture Spray 320ml 36 Can 122. Garbage Bag, (100's), Xl 14 Packs 123. Glass Cleaner 500ml 31 Pcs. 124. Glass Wiper 7 Pcs. 125. Glue Gun (small) 3 Pcs. 126. Glue Stick (small) 10 Pcs. 127. Glue, Multi-purpose 100g 20 Jar 128. Hand Soap, Liquid, 500ml 2 Bottle 129. Insect Spray 320ml 2 Can 130. Laminating Film (100pcs.) 1 Pack 131. Mailing Envelop, 6 3/4 (500's) 4 Boxes 132. Mailing Envelop, 9 1/2 (500's) 4 Boxes 133. Marker (pink, Yellow, Green) 25 Boxes 134. Marker, Permanent, Black 3 Piece 135. Marker, Whiteboard, Black 3 Piece 136. Masking Tape 1” 14 Rolls 137. Masking Tape 2” 20 Rolls 138. Memo Sticky Note (1/2") 1 Pads 139. Mop Bucket, Heavy Duty, Hard Plastic 1 Pc. 140. Mop With Spinner 1 Pc. 141. Morocco Board, 8 1/2 X 13, Red, 100's 1 Packs 142. Morocco Board, 8 1/2 X 11, White, 100's 1 Packs 143. Morocco Board, 8 1/2 X 13, White, 100's 1 Packs 144. Morocco Board, A4, Red, 100's 1 Packs 145. Mouse Pad 12 Pcs. 146. Multi-colored Paper, A4 (100's) 2 Packs 147. Note Pad,stick On, 3" X 3" 7 Pads 148. Packing Tape 1", Transparent 2 Rolls 149. Packing Tape 2” 5 Rolls 150. Packing Tape 2”, Transparent 2 Rolls 151. Paper Clamps (double Clip 1”) 17 Boxes 152. Paper Clamps (double Clip 2”) 13 Boxes 153. Paper Clip, 33mm (vinyl Coated) 43 Box 154. Paper Clip, 50mm (vinyl Coated) 41 Box 155. Paper Trimmer/cutting Machine, Table Top 1 Unit 156. Payroll (timebook And Payroll) 4 Pads 157. Pencil #1 4 Boxes 158. Pencil #2 15 Boxes 159. Pencil Sharpener Machine 2 Pcs. 160. Pentel Pen Ink, Black 2 Pcs. 161. Pentel Pen, Black, Broad 46 Pcs. 162. Pentel Pen, Black, Fine 13 Pcs. 163. Photo Paper A3, 50's 2 Packs 164. Photo Paper A4, 20's 33 Packs 165. Photo Sensitive Stamp Ink (black), 10ml 1 Bots. 166. Plastic Envelop W/ Zipper & Handle, Long 7 Pcs. 167. Plastic Envelop W/ Zipper & Handle, Short 5 Pcs. 168. Post It Sign Here 5 Pads 169. Post It Sticker (3"x3" Assorted) 31 Packs 170. Puncher, Heavy Duty (75xl) 1 Pcs. 171. Push Pins,100's 4 Boxes 172. Rack Organizer Sturdy 4 Sections Plastic Office File/ Document Desk Organizer 5 Unit 173. Record Book 300pp 38 Book 174. Record Book 500pp 39 Book 175. Red Padding Glue 500g 1 Btls. 176. Ring Binder 1" 6 Pcs. 177. Ring Binder 1/2" 11 Pcs. 178. Ring Binder 3/4" 6 Pcs. 179. Ring Binder 1/4" 6 Pcs. 180. Rubber Band, Giant 9 Boxes 181. Rubber Band, Small 7 Boxes 182. Rubbing Alcohol 500ml 86 Bots. 183. Ruler 12” 27 Pcs. 184. Sako Bag (big) 15 Pcs. 185. Scissor 10" (big) 18 Pcs. 186. Scotch Tape 1" 33 Rolls 187. Scotch Tape 2" 19 Rolls 188. Sign Pen, 0.5, Black 180 Pcs. 189. Sign Pen, 0.5, Blue 157 Pcs. 190. Signature Folder 1 Pcs. 191. Specialty Paper, A4 10's, Crème 7 Packs 192. Specialty Paper, A4 10's, Green 3 Packs 193. Specialty Paper, Long 12's (8 1/2 X 13"), Crème 50 Packs 194. Specialty Paper, Long 12's (8 1/2 X 13"), Green 13 Packs 195. Specialty Paper, Long 12's (8 1/2 X 11"), Green 1 Packs 196. Specialty Paper, Long 12's (8 1/2 X 11"), Crème 1 Packs 197. Specialty Paper, Short 20's (8 1/2 X 11") 23 Packs 198. Specialty Paper, Long 20's (8 1/2 X 13") 6 Packs 199. Specialty Paper, Short 12's (8 1/2 X 11") 3 Packs 200. Specialty Paper, Long 12's (8 1/2 X 13") 3 Packs 201. Stamping Pad Ink, Black 2 Pcs. 202. Stamping Pad Ink, Purple 8 Pcs. 203. Stamping Pad, 103 X 70mm 3 Pcs. 204. Stamping Pad, 118 X 81mm 7 Pcs. 205. Staple Wire #10, 12's 5 Boxes 206. Staple Wire #35 63 Boxes 207. Staple Wire No. 23/8 5 Boxes 208. Staple Wire Remover 5 Boxes 209. Staple Cartridge For Eh-70f 1 Box 210. Stapler, #10 3 Boxes 211. Stapler, #35 Hd – 50/50 R W/ Remover 14 Boxes 212. Stick Glue (small) 16 Pcs. 213. Sticker Paper White, 20's (8 1/2 X 11) 14 Packs 214. Sticky Note 25x75mm 3 Pads Neon Color (assorted) 55 Pads 215. Subsidiary Ledger 500 Pcs. 216. Tape Dispenser, Big 1 Unit 217. Thumbtacks 7 Boxes 218. Toilet Tissue Paper, 2 Ply (12's) 6 Pack 219. Trashbin, Swing Type, 11l 1 Pcs. 220. Typewritter Ribbon, Black 3 Pcs. 221. Vellum Board 8 1/2 X 13, Size 10's 3 Packs 222. Wall Clock (big) 1 Pcs. 223. White Board 2' X 3' 1 Pcs. 224. White Board Eraser 4 Boxes 225. White Board Pen, Black 19 Boxes 226. Yellow Pad 9 Pads Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ Omnibus Sworn Statement Republic Of The Philippines ) Iloilocity ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Represent It In The Bidding For [name Of The Project] Of The [name Of The Procuring Entity]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary And/or To Represent The [name Of Bidder] In The Bidding As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate Issued By The Corporation Or The Members Of The Joint Venture)]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: I Am Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledge All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Made An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquire Or Secure Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S, 1930, As Amended, Or The Revised Penal Code, In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 20__ At ___________________________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [jurat] Checklist Of Bid Requirements First Envelope Eligibility Documents Class “a” Documents Legal Documents: 1 Certificate Of Philgeps Registration (platinum Membership) And Membership With Annex A In Accordance With Section 8.5.2 Of The Revised Irr. Technical Documents: 2 Statement Of All Its On-going Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Including Contracts Awarded But Not Yet Started, If Any, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Outstanding Contracts, (e) Date Of Delivery, And (f) Notice Of Award, Notice To Proceed, Contract Of Agreements, Purchase Orders And Certificate Of Accomplishments Issued By The Owner. (latest) 3 Statement Of Its Single Largest Completed Contract (slcc) Which Includes Its Government And Private Contracts Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, Which Are Similar In Nature And Complexity To The Contract To Be Bid. The Statement Shall Include, For Each Contract, The Following: (a) Name Of The Contract; (b) Date Of The Contract, (c) Kind Of Goods, (d) Amount Of And Value Of Awarded And Completed Contracts, (e) Date Of Delivery, (f) End User’s Acceptance And Or Official Receipt(s) Issued For The Contract Supported By Notice Of Award, Notice To Proceed, Contract/ Purchase Order, Certificate Of Completion And Certificate Of Acceptance.(latest) Financial Documents 4 The Prospective Bidder’s Latest Computation For Its Net Financial Contracting Capacity (nfcc) Which Must Be At Least Equal To The Abc To Be Bid. (latest) Or A Committed Line Of Credit From Universal Or Commercial Bank (not Applicable To Procurement Of Infrastructure Projects). Class “b” Documents 5 If Applicable, A Valid Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence, Or, In Lieu Thereof, A Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful Shall Be Included In The Bid . (latest) Technical Documents 1 2 Bid Security In The Prescribed Form, Amount And Validity Period And In Accordance With Itb Clause 18. Statement Of Compliance To The Schedule Of Requirements 3 4 Statement Of Compliance To Technical Specifications Taking Into Consideration The Notations Stated In Section Vii Of The Bidding Documents. Authority Of The Signatory 5 Sworn Statement By The Prospective Bidder Or Its Duly Authorized Representative In Accordance With Section 25.2(b)(iv) Of The Revised Irr Of Ra 9184 And As Indicated In The Omnibus Sworn Statement Of The Bidding Documents Using The Prescribed Form Issued By The Gppb. (latest) Note: Any Missing Document In The Above-mentioned Checklist Is A Ground For Outright Rejection Of The Bid Second Envelope Financial Documents 1 Financial Bid Form Which Includes Bid Prices And The Bill Of Quantities And The Applicable Price Schedules, In Accordance With Itb Clauses 15.1 And 15.4 And The Issued Form In Section Viii Of The Bidding Documents. 2 If A Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti (if A Bidder Is A Sole Proprietor), By Sec (if Bidder Is A Partnership, Or A Corporation); And Cda (if Bidder Is A Cooperative)issued In Accordance With Itb Clause 27, If Applicable, That: A) Sole Proprietor Is A Citizen Of The Philippines, Corporation, Cooperative, Or Association Is A Duly Organized Under The Laws Of The Philippines With At Least Seventy Five (75%) Of Its Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines; B) Habitually Established In Business And Habitually Engaged In The Manufacturing Or Sale Of The Merchandise Covered By His Bid, And C) The Business Has Been In Existence For At Least Five (5) Consecutive Years Prior To The Advertisement And/or The Invitation To Bid.

Details: Description Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Philippine Bidding Documents Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 (procurement/ Contract No. 007) Sixth Edition July 2020 Bids And Awards Committee 2025 Table Of Contents Section I. Invitation To Bid 3 Section Ii. Instructions To Bidders 6 Section Iii. Bid Data Sheet 15 Section Iv. General Conditions Of Contract 18 Section V. Special Conditions Of Contract 21 Section Vi. Schedule Of Requirements 27 Section Vii. Technical Specifications 33 Section Viii. Checklist Of Technical And Financial Documents 39 Section I. Invitation To Bid Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Invitation To Bid For Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 1.the Bureau Of Corrections, Through The General Appropriations Act (gaa) Of 2025 Intends To Apply The Sum Of Eight Million Four Hundred Ninety-nine Thousand Eight Hundred Sixty-three Pesos Only (php 8,499,863.00) Being The Abc To Payments Under The Contract For Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 With Identification Number _itb 2025-007_. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. 2.the Bureau Of Corrections Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required Within Thirty (30) Calendar Days. Bidders Should Have Completed, Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project Equivalent To At Least Twenty-five Percent (25%) Of The Abc. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii (instructions To Bidders). 3.bidding Will Be Conducted Through Open Competitive Bidding Procedures Using A Non-discretionary “pass/fail” Criterion As Specified In The 2016 Revised Implementing Rules And Regulations (irr) Of Republic Act (ra) No. 9184. Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent (60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4.prospective Bidders May Obtain Further Information From The Bureau Of Corrections And Inspect The Bidding Documents At The Address Given Below During Monday To Friday From 8:00am To 5:00pm. 5.a Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On _may 30, 2025 (08:00am To 05:00pm) To June 23, 2025 (08:00am To 09:59am)__ From The Given Address And Website(s) Below And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Ten (₱10,000.00) Thousand Pesos Only. The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees And Presented In Person. 6.the Bureau Of Corrections Will Hold A Pre-bid Conference On _june 09, 2025 (10:00am)_ At Bac Conference Room Nbp Reservation Muntinlupa City, Which Shall Be Open To Prospective Bidders. 7.bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address Indicated Below, On Or Before __june 23, 2025 (09:59am)__. Late Bids Shall Not Be Accepted. 8.all Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 14. 9.bid Opening Shall Be On _june 23, 2025 (10:00am) At The Given Address Below Bac Conference Room Nbp Reservation Muntinlupa City, Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend The Activity. 10.the Schedule Of Bidding Activities Shall Be As Follows: Activites Date/time Venue 1.sale And Issuance Of Bid Documents May 30, 2025 (08:00am To 05:00pm) To June 23, 2025 (08:00am To 09:59am) Supply Division Bureau Of Corrections Muntinlupa City 2.pre-bid Conference June 09, 2025 (10:00am) Bac Conference Room Bureau Of Corrections Muntinlupa City 3.submission And Opening Of Bid Documents June 23, 2025 (10:00am) Bac Conference Room Bureau Of Corrections Muntinlupa City 11.the Bureau Of Corrections Reserves The Right To Reject Any And All Bids, Declare A Failure Of Bidding, Or Not Award The Contract At Any Time Prior To Contract Award In Accordance With Sections 35.6 And 41 Of The 2016 Revised Irr Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 12.for Further Information, Please Refer To: Maria Adoracion I. Viñas Office Of The Bac Secretariat Supply Office, Bureau Of Corrections, Muntinlupa City Tel # 02-8659-0833/02-8478-0907 Bacsec2022@gmail.com 13.you May Visit The Following Websites: For Downloading Of Bidding Documents: Bucor.gov.ph Date Of Issue: _______________ Ccsupt. Celso S. Bravo Chairperson Bids And Awards Committee Section Ii. Instructions To Bidders 1.scope Of Bid The Procuring Entity, Bureau Of Corrections Wishes To Receive Bids For The Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025, With Identification Number [indicate Number]. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website.] The Procurement Project Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Is Composed Of One (1) Lot, The Details Of Which Are Described In Section Vii (technical Specifications). 2.funding Information 2.1.the Gop Through The Source Of Funding As Indicated Below For 2025 In The Amount Of Eight Million Four Hundred Ninety-nine Thousand Eight Hundred Sixty-three Pesos Only (php 8,499,863.00) 2.2.the Source Of Funding Is: A.nga, The General Appropriations Act Or Special Appropriations. 3.bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manuals And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Ib By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Verified And Accepted The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4.corrupt, Fraudulent, Collusive, And Coercive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5.eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. Foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: I.when A Treaty Or International Or Executive Agreement As Provided In Section 4 Of The Ra No. 9184 And Its 2016 Revised Irr Allow Foreign Bidders To Participate; Ii.citizens, Corporations, Or Associations Of A Country, Included In The List Issued By The Gppb, The Laws Or Regulations Of Which Grant Reciprocal Rights Or Privileges To Citizens, Corporations, Or Associations Of The Philippines; Iii.when The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or Iv.when There Is A Need To Prevent Situations That Defeat Competition Or Restrain Trade. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: B.for The Procurement Of Expendable Supplies: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Twenty-five Percent (25%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6.origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7.subcontracts 7.1.the Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A.subcontracting Is Not Allowed. 8.pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference For This Project On The Specified Date And Time And Either At Its Physical Address Bac Conference Room Nbp Reservation Muntinlupa City And/or Through Videoconferencing/webcasting} As Indicated In Paragraph 6 Of The Ib. 9.clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10.documents Comprising The Bid: Eligibility And Technical Components 10.1.the First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 10.2.the Bidder’s Slcc As Indicated In Itb Clause 5.3 Should Have Been Completed Within The Last Two (2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3.if The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostille Convention, Only The Translated Documents Shall Be Authenticated Through An Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11.documents Comprising The Bid: Financial Component 11.1.the Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii (checklist Of Technical And Financial Documents). 11.2.if The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification Issued By Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3.any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4.for Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 9184. 11.5.[include If Framework Agreement Will Be Used:] Financial Proposals For Single Or Multi-year Framework Agreement Shall Be Submitted Before The Deadline Of Submission Of Bids As Prescribed In The Ib. For Multi-year Framework Agreement, Evaluation Of The Financial Proposal During This Stage Is For Purposes Of Determining Eligibility And Whether Or Not Such Financial Proposal Is Within The Abc. 12.bid Prices 12.1. Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I.the Price Of The Goods Quoted Exw (ex-works, Ex-factory, Ex-warehouse, Ex-showroom, Or Off-the-shelf, As Applicable); Ii.the Cost Of All Customs Duties And Sales And Other Taxes Already Paid Or Payable; Iii.the Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv.the Price Of Other (incidental) Services, If Any, Listed In E. B.for Goods Offered From Abroad: I.unless Otherwise Stated In The Bds, The Price Of The Goods Shall Be Quoted Delivered Duty Paid (ddp) With The Place Of Destination In The Philippines As Specified In The Bds. In Quoting The Price, The Bidder Shall Be Free To Use Transportation Through Carriers Registered In Any Eligible Country. Similarly, The Bidder May Obtain Insurance Services From Any Eligible Source Country. Ii.the Price Of Other (incidental) Services, If Any, As Listed In Section Vii (technical Specifications). 12.2. [include If Framework Agreement Will Be Used:] For Framework Agreement, The Following Should Also Apply In Addition To Clause 12.1: A.for A Single Year Framework Agreement, The Prices Quoted By The Bidder Shall Be Fixed During The Bidder’s Performance Of The Contract And Not Subject To Variation Or Escalation On Any Account. Price Schedules Required Under Clause 12.1 Shall Be Submitted With The Bidding Documents. B.for A Multi-year Framework Agreement, The Prices Quoted By The Bidder During Submission Of Eligibility Documents Shall Be The Ceiling And The Price Quoted During Mini-competition Must Not Exceed The Initial Price Offer. The Price Quoted During Call For Mini-competition Shall Be Fixed During The Bidder’s Performance Of That Call-off And Not Subject To Variation Or Escalation On Any Account. Price Schedules Required Under Clause 12.1 Shall Be Submitted With The Bidding Documents. 13.bid And Payment Currencies 13.1.for Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Accepted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreign Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 13.2.payment Of The Contract Price Shall Be Made In: A.philippine Pesos. 14.bid Security 14.1.the Bidder Shall Submit A Bid Securing Declaration[ In The Case Of Framework Agreement, The Undertaking Shall Refer To Entering Into Contract With The Procuring Entity And Furnishing Of The Performance Security Or The Performance Securing Declaration Within Ten (10) Calendar Days From Receipt Of Notice To Execute Framework Agreement.] Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 14.2.the Bid And Bid Security Shall Be Valid One Hundred Twenty (120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 14.3.[include If Framework Agreement Will Be Used:] In The Case Of Framework Agreement, Other Than The Grounds For Forfeiture Under The 2016 Revised Irr, The Bid Security May Also Be Forfeited If The Successful Bidder Fails To Sign The Framework Agreement, Or Fails To Furnish The Performance Security Or Performance Securing Declaration. Without Prejudice On Its Forfeiture, Bid Securities Shall Be Returned Only After The Posting Of Performance Security Or Performance Securing Declaration, As The Case May Be, By The Winning Bidder Or Compliant Bidders And The Signing Of The Framework Agreement. 15.sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16.deadline For Submission Of Bids 16.1. The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 16.2. [include If Framework Agreement Will Be Used:] For Multi-year Framework Agreement, The Submission Of Bids Shall Be For The Initial Evaluation Of Their Technical And Financial Eligibility. Thereafter, Those Declared Eligible During The Said Initial Eligibility Evaluation And Entered Into A Framework Agreement With The Procuring Entity Shall Submit Anew Their Best Financial Offer At The Address And On Or Before The Date And Time Indicated In The Call For Each Mini-competition. 17.opening And Preliminary Examination Of Bids 17.1.the Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 17.2.the Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18.domestic Preference 18.1. The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 18.2. [include If Framework Agreement Will Be Used:] For Multi-year Framework Agreement, Determination Of Margin Of Preference Shall Be Conducted Every Call For Mini-competition. 19.detailed Evaluation And Comparison Of Bids 19.1.the Procuring Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed,” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of The 2016 Revised Irr Of Ra No. 9184. [include The Following Options If Framework Agreement Will Be Used:] A.in The Case Of Single-year Framework Agreement, The Lowest Calculated Bid Shall Be Determined Outright After The Detailed Evaluation; B. For Multi-year Framework Agreement, The Determination Of The Eligibility And The Compliance Of Bidders With The Technical And Financial Aspects Of The Projects Shall Be Initially Made By The Bac, In Accordance With Item 7.4.2 Of The Guidelines On The Use Of Framework Agreement. 19.2.if The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items, And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 15 Shall Be Submitted For Each Lot Or Item Separately. 19.3.the Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii (technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4.the Project Shall Be Awarded As Follows: Option 1 – One Project Having Several Items That Shall Be Awarded As One Contract. 19.5.except For Bidders Submitting A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation, All Bids Must Include The Nfcc Computation Pursuant To Section 23.4.1.4 Of The 2016 Revised Irr Of Ra No. 9184, Which Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. For Bidders Submitting The Committed Line Of Credit, It Must Be At Least Equal To Ten Percent (10%) Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 20.post-qualification 20.1. [include If Framework Agreement Will Be Used:] For Multi-year Framework Agreement, All Bidders Initially Determined To Be Eligible And Financially Compliant Shall Be Subject To Initial Post-qualification. The Bac Shall Then Recommend The Execution Of A Framework Agreement Among All Eligible, Technically And Financially Compliant Bidders And The Procuring Entity And Shall Be Issued By Hope A Notice To Execute Framework Agreement. The Determination Of The Lowest Calculated Bid (lcb) Shall Not Be Performed By The Bac Until A Mini-competition Is Conducted Among The Bidders Who Executed A Framework Agreement. When A Call For Mini-competition Is Made, The Bac Shall Allow The Bidders To Submit Their Best Financial Proposals On Such Pre-scheduled Date, Time And Place To Determine The Bidder With The Lcb. 20.2. Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, {[include If Framework Agreement Will Be Used:] Or In The Case Of Multi-year Framework Agreement, That It Is One Of The Eligible Bidders Who Have Submitted Bids That Are Found To Be Technically And Financially Compliant,}the Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. {[include If Framework Agreement Will Be Used:] For Every Mini-competition In Framework Agreement, The Lcb Shall Likewise Submit The Required Documents For Final Post Qualification.} 21.signing Of The Contract 21.1. The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. [include The Following Clauses If Framework Agreement Will Be Used:] 21.2. At The Same Time As The Procuring Entity Notifies The Successful Bidder That Its Bid Has Been Accepted, The Procuring Entity Shall Send The Framework Agreement Form To The Bidder, Which Contract Has Been Provided In The Bidding Documents, Incorporating Therein All Agreements Between The Parties. 21.3. Within Ten (10) Calendar Days From Receipt Of The Notice To Execute Framework Agreement With The Procuring Entity, The Successful Bidder Or Its Duly Authorized Representative Shall Formally Enter Into A Framework Agreement With The Procuring Entity For An Amount Of One Peso To Be Paid To The Procuring Entity As A Consideration For The Option Granted By The Procuring Entity To Procure The Items In The Framework Agreement List When The Need Arises. 21.4. The Procuring Entity Shall Enter Into A Framework Agreement With The Successful Bidder Within The Same Ten (10) Calendar Day Period Provided That All The Documentary Requirements Are Complied With. 21.5. The Following Documents Shall Form Part Of The Framework Agreement: A.framework Agreement Form; B.bidding Documents; C.call-offs; D.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; E.performance Security Or Performance Securing Declaration, As The Case May Be; F.notice To Execute Framework Agreement; And G.other Contract Documents That May Be Required By Existing Laws And/or Specified In The Bds. Section Iii. Bid Data Sheet Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Medical, Dental And Laboratory Supplies. B.completed Within The Last Two (2) Years Equivalent To At Least Twenty-five Percent (25%) Of The Abc, Prior To The Deadline For The Submission And Receipt Of Bids. 7.1 Subcontracting Is Not Allowed 12 The Price Of The Goods Shall Be Quoted Ddp Bureau Of Corrections Nbp Reservation Muntinlupa City Or The Applicable International Commercial Terms (incoterms) For This Project. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration, Or Any Of The Following Forms And Amounts: A.the Amount Of Not Less Than Two Percent (2%) Of Abc, If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; Or B.the Amount Of Not Less Than Five Percent (5%) Of Abc If Bid Security Is In Surety Bond. 19.3 One Project Having Several Items That Shall Be Awarded As One Contract. 20.2 Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its; 1.latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps) 2.supporting Documents For The Slcc (sales Invoice Or Official Receipt Or End-users Acceptance) 3.certified True Copy Coming From The Issuing Agency Of Valid And Current Registration Certificate (sec Certificate Of Registration For Corporation Or Dti Certificate Of Registration For Sole Proprietorship Or Cda Certificate Of Registration For Cooperative) 4.valid And Current Mayor’s Or Business Permit 5.valid And Current Tax Clearance 6.audited Financial Statement 7.2 Sets Photo Copy Of Eligibility And Financial Envelope Marked As “copy 1” And “copy 2” 21.2 No Additional Contract Documents. Section Iv. General Conditions Of Contract 1.scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract (scc). 2.advance Payment And Terms Of Payment 2.1.advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2.the Procuring Entity Is Allowed To Determine The Terms Of Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. [include The Following Clauses If Framework Agreement Will Be Used:] 2.3.for A Single-year Framework Agreement, Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under A Call-off Shall Not Vary From The Prices Quoted By The Supplier In Its Bid. 2.4.for Multi-year Framework Agreement, Prices Charged By The Supplier For Goods Delivered And/or Services Performed Under A Call-off Shall Not Vary From The Prices Quoted By The Supplier During Conduct Of Mini-competition. 3.performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than Prior To The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr Of Ra No. 9184.{[include If Framework Agreement Will Be Used:] In The Case Of Framework Agreement, The Bidder May Opt To Furnish The Performance Security Or A Performance Securing Declaration As Defined Under The Guidelines On The Use Of Framework Agreement.} 4.inspection And Tests The Procuring Entity Or Its Representative Shall Have The Right To Inspect And/or To Test The Goods To Confirm Their Conformity To The Project {[include If Framework Agreement Will Be Used:] Or Framework Agreement} Specifications At No Extra Cost To The Procuring Entity In Accordance With The Generic Procurement Manual. In Addition To Tests In The Scc, Section Iv (technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identity Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5.warranty 5.1in Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2the Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6.liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of Contract Special Conditions Of Contract Gcc Clause 1 [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: The Delivery Terms Applicable To This Contract Are Delivered To Supply Office Bodega, Bureau Of Corrections Nbp Reservation Muntinlupa City. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is The Chief, Nbph. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A.furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. 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: 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 And Other Components 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 Spare Parts Or Components For The Goods For A Period Of [indicate Here The Time Period Specified. If Not Used Indicate A Time Period Of Three Times The Warranty Period]. Spare Parts Or 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. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Not Applicable 4 The Inspections And Tests That Will Be Conducted Are: Partial/complete Goods Shall Be Inspected By The Biac Bucor Inspection And Acceptance Committee. The Bucor Inspection And Acceptance Committee (biac). To Be Witnessed By: Coa Representative Inspection And Acceptance Will Be Conducted By The Bucor Inspection And Acceptance Committee (biac), To Be Witnessed By The Coa Representative To The Actual Delivery At The Project Site. Goods With Defect Or Non-compliant With The Required Specifications As Stipulated In The Approved Purchase Order/technical Specifications Shall Be Rejected And Shall Be Replaced By The Supplier Free Of Cost To The Procuring Entity Within Seven (7) Calendar Days The Goods Shall Be Accepted By The End User After Passing The Inspection Of The Bucor Inspection And Acceptance Committee (biac). The Inspections And Tests That Will Be Conducted Are; 1) Upon Delivery, The Goods Shall Undergo Physical Inspection By The Bucor Inspection And Acceptance Committee (biac) Of The Procuring Entity To Ascertain The Physical Condition And Acceptability Of The Goods. 2.) However, If The End User Requested For Purposes Of Laboratory Analysis A Random Samples Shall Be Selected By The End User Of Its Duly Authorized Representative And Witnessed By A Representative From Supplier. The Tests To Be Conducted By Fda (food And Drug Administration) And Sample Sizes Are As Follows: A) Physico-chemical Test I. Tablet/capsule – 1 Commercial Presentation (min Of 50 Pcs.) Ii.liquid/suspension Solution – 60mlx6 Bottles; 120ml X 6 Bottles Iii. Granules/powders For Suspension – 30ml X 6 Bottles; 60ml X 6 Bottles B) Sterility Test I. Solid Preparations: Less Than 50mg Or More But 200mg Or More – Minimum Of 20 Bottles Ii. Liquid Preparations: 1ml To 100ml – Minimum Of 20 Bottles; 50ml To 1000ml- Minimum Of 6 Bottles C) Microbiological Test I. Tablet/capsule – Number Of Tablets/capsules Equivalent To At Least 20g Ii. Liquid Preparations – 500ml To 1000ml – Minimum Of 6 Bottles 3) The Supplier Shall Promptly Replace The Equivalent Quantity Of Goods Taken As Samples Without Cost To The Procuring Entity. 4) Pending Fda Analysis, Said Products Should Not Be Distributed To End-users Nor Shall It Be Used Such Time It Is Cleared By Fda Laboratory Testing. 5) If Fda Inspection Or Results Of Laboratory Analysis Show Major Violations, The Entire Delivery Shall Be Rejected And The Company Will Not Be Allowed To Participate In Any Future Procurement Activities Of The Agency. Section Vi. Schedule Of Requirements Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vi. Schedule Of Requirements Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Unit Description Quantity Delivered, Weeks/months 1 Set Acid Fast Stain Set 20 30 Calendar Days 2 Pack Adult Diaper (l) 10s 2,500 30 Calendar Days 3 Pack Adult Diaper (m) 10s 3,000 30 Calendar Days 4 Pcs Asepto Syringe, 60cc 800 30 Calendar Days 5 Gallon Bleaching Solution 400 30 Calendar Days 6 Box Bd Ultra-fine Pen Needle 0.23 X 4mm, 100's 100 30 Calendar Days 7 Box Blood Lancets, 100s 200 30 Calendar Days 8 Pcs Blood Transfusion Set 1,000 30 Calendar Days 9 Pcs Colostomy Bag 900 30 Calendar Days 10 Pcs Condom Catheter (l) 4,000 30 Calendar Days 11 Pcs Condom Catheter (m) 5,000 30 Calendar Days 12 Pc Cotton Roll 100g 700 30 Calendar Days 13 Box Dengue Tests Kit Igg,igm 8 30 Calendar Days 14 Box Dental Needle (short) G27, 100's 10 30 Calendar Days 15 Box Disp. Face Mask 3-ply, 50s/bx 700 30 Calendar Days 16 Box Disposable Surgical/ Bouffant Head Cap S.21, 100's 10 30 Calendar Days I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vi. Schedule Of Requirements Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Unit Description Quantity Delivered, Weeks/months 17 Box Disp. Needle G-18, 100s 30 30 Calendar Days 18 Box Disp. Needle G-19, 100s 10 30 Calendar Days 19 Box Disp. Needle G-23, 100s 10 30 Calendar Days 20 Box Disp. Needle G-25, 100s 15 30 Calendar Days 21 Pcs Disposable Shaving Razor 1,000 30 Calendar Days 22 Box Disp. Syringe 1 Cc. W/ Needle, 100s 500 30 Calendar Days 23 Box Disp. Syringe 10 Cc. W/ Needle, 100s 900 30 Calendar Days 24 Box Disp. Syringe 5 Cc. W/ Needle, 100s 900 30 Calendar Days 25 Box Disp. Syringe 3 Cc. W/ Needle, 100s 900 30 Calendar Days 26 Rolls Ecg Tracing Paper 50mm X 30 400 30 Calendar Days 27 Roll Elastic Bandage 4" 200 30 Calendar Days 28 Roll Elastic Bandage 6" 100 30 Calendar Days 29 Box Examination Gloves (l) 100s (powder Free) 300 30 Calendar Days 30 Box Examination Gloves (m) 100s(powder Free) 400 30 Calendar Days 31 Box Examination Gloves (s) 100s 300 30 Calendar Days 32 Pcs Foley Catheter Fr-16, 10's 5,000 30 Calendar Days I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vi. Schedule Of Requirements Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Unit Description Quantity Delivered, Weeks/months 33 Pcs Foley Catheter Fr-18, 10's 5,000 30 Calendar Days 34 Box Glass Ionomer Cement Type 9 15 30 Calendar Days 35 Box Glass Ionomer Cement Type 2 15 30 Calendar Days 36 Box Microscope Glass Slides Frosted 100 30 Calendar Days 37 Box Heplock Heprain Cap (in-stopper), Box/100's 20 30 Calendar Days 38 Rolls Hospital Gauze 28x24 Mesh, 36 In X 100 Yards Mesh 110 30 Calendar Days 39 Pcs Hot Water Bag (medium Size) 100 30 Calendar Days 40 Bottle Hydrogen Peroxide 10 Volumes, 500 Ml 400 30 Calendar Days 41 Pcs Ice Cap/bag 50 30 Calendar Days 42 Box I.v. Cannula G-18, 100's 200 30 Calendar Days 43 Box I.v. Cannula G-22, 100s 250 30 Calendar Days 44 Pcs I.v. Infusion Set Adult W/ Airways (macro Set) 5,000 30 Calendar Days 45 Box Insulin Syringe 100 Units, 100s 150 30 Calendar Days 46 Box Insulin Syringe 50 Units, 100s 100 30 Calendar Days 47 Box Invitro Gel Neutral 1 Micro Tube, 24 Cards 2 30 Calendar Days 48 Box Invitro Gel Ahg (combs) 1 Micro Tube, 24 Cards 2 30 Calendar Days I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vi. Schedule Of Requirements Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Unit Description Quantity Delivered, Weeks/months 49 Bottle Invitroliss 250ml Modified Liss 3 30 Calendar Days 50 Gallon Isopropyl Alcohol 70% 1gallon 600 30 Calendar Days 51 Gallon Liquid Soap (antibacterial Dishwashing)- Blue Only 50 30 Calendar Days 52 Box Lubricating Jelly 3g Sachet, 100's 50 30 Calendar Days 53 Pcs Mouthwash, 60ml 150 30 Calendar Days 54 Bots Muriatic Acid, 250ml 100 30 Calendar Days 55 Pc Glucometer 10 30 Calendar Days 56 Pcs Naso Gastric Tube Fr-18 (adult) 650 30 Calendar Days 57 Pcs Naso Gastric Tube Fr-20 (adult) 700 30 Calendar Days 58 Pcs Nebulizing Kit (adult) 700 30 Calendar Days 59 Pcs Oxygen Cannula (adult) 1,000 30 Calendar Days 60 Pcs Oxygen Mask (adult) 900 30 Calendar Days 61 Pcs Polyethylene Bottle 70 Ml (plastic White W/ Cover) 15,000 30 Calendar Days 62 Gallon Povidone Iodine 10% 200 30 Calendar Days 63 Pcs Solu Set (adult) 713 30 Calendar Days 64 Pc Specimen Container Sterile 60ml (urine/ Sputum) Red 9,800 30 Calendar Days I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vi. Schedule Of Requirements Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Unit Description Quantity Delivered, Weeks/months 65 Box Sterile Gauze 4x4 (20mesh), 100/box 10 30 Calendar Days 66 Pcs Suction Catheter #16 50 30 Calendar Days 67 Pairs Surgical Gloves 7.0 500 30 Calendar Days 68 Pairs Surgical Gloves 7.5 500 30 Calendar Days 69 Pairs Surgical Gloves 8.0 500 30 Calendar Days 70 Box Surgical Tape 1" (12 Pcs / Box) 250 30 Calendar Days 71 Pcs Tissue Paper 2 Ply 300 30 Calendar Days 72 Tube Ultrasound Gel 250ml 60 30 Calendar Days 73 Pcs Underpads 5,000 30 Calendar Days 74 Pcs Urine Bag 5,000 30 Calendar Days 75 Tube Urine Strips 4 Parameters (p, S, Ph, Sg) 100s 85 30 Calendar Days 76 Box Wooden Applicator Stick Without Cotton-tip, 1000's 10 30 Calendar Days 77 Box Wooden Tongue Depressor, 100's 10 30 Calendar Days 78 Pcs Oxygen Regulator With Humidifier 30 30 Calendar Days 79 Pcs Zinc Oxide 2.5cm X 5m 100 30 Calendar Days I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Schedule. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Section Vii. Technical Specifications Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vii. Technical Specifications Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Unit Agency Specification Brand Name Offered Bidder's Statement Of Compliance 1 20 Set Acid Fast Stain Set 2 2,500 Pack Adult Diaper (l) 10s 3 3000 Pack Adult Diaper (m) 10s 4 800 Pc Asepto Syringe, 60cc 5 400 Gallon Bleaching Solution 6 100 Box Bd Ultra-fine Pen Needle 0.23 X 4mm, 100's 7 200 Box Blood Lancets, 100s 8 1,000 Pcs Blood Transfusion Set 9 900 Pcs Colostomy Bag 10 4,000 Pcs Condom Catheter (l) 11 5,000 Pcs Condom Catheter (m) 12 700 Pc Cotton Roll 100g 13 8 Box Dengue Tests Kit Igg,igm 14 10 Box Dental Needle (short) G27, 100's 15 700 Box Disp. Face Mask 3-ply, 50s/bx 16 10 Box Disposable Surgical/ Bouffant Head Cap S.21, 100's Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vii. Technical Specifications Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Unit Agency Specification Brand Name Offered Bidder's Statement Of Compliance 17 30 Box Disp. Needle G-18, 100s 18 10 Box Disp. Needle G-19, 100s 19 10 Box Disp. Needle G-23, 100s 20 15 Box Disp. Needle G-25, 100s 21 1,000 Pcs Disposable Shaving Razor 22 500 Box Disp. Syringe 1 Cc. W/ Needle, 100s 23 900 Box Disp. Syringe 10 Cc. W/ Needle, 100s 24 900 Box Disp. Syringe 5 Cc. W/ Needle, 100s 25 900 Box Disp. Syringe 3 Cc. W/ Needle, 100s 26 400 Rolls Ecg Tracing Paper 50mm X 30 27 200 Roll Elastic Bandage 4" 28 100 Roll Elastic Bandage 6" 29 300 Box Examination Gloves (l) 100s (powder Free) 30 400 Box Examination Gloves (m) 100s(powder Free) 31 300 Box Examination Gloves (s) 100s 32 5,000 Pcs Foley Catheter Fr-16, 10's Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vii. Technical Specifications Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Unit Agency Specification Brand Name Offered Bidder's Statement Of Compliance 33 5,000 Pcs Foley Catheter Fr-18, 10's 34 15 Box Glass Ionomer Cement Type 9 35 15 Box Glass Ionomer Cement Type 2 36 100 Box Microscope Glass Slides Frosted 37 20 Box Heplock Heprain Cap (in-stopper), Box/100's 38 110 Rolls Hospital Gauze 28x24 Mesh, 36 In X 100 Yards Mesh 39 100 Pcs Hot Water Bag (medium Size) 40 400 Bottle Hydrogen Peroxide 10 Volumes, 500 Ml 41 50 Pcs Ice Cap/bag 42 200 Box I.v. Cannula G-18, 100's 43 250 Box I.v. Cannula G-22, 100s 44 5,000 Pcs I.v. Infusion Set Adult W/ Airways (macro Set) 45 150 Box Insulin Syringe 100 Units, 100s 46 100 Box Insulin Syringe 50 Units, 100s 47 2 Box Invitro Gel Neutral 1 Microtube, 24 Cards 48 2 Box Invitro Gel Ahg (combs) 1 Microtube, 24 Cards Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vii. Technical Specifications Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Unit Agency Specification Brand Name Offered Bidder's Statement Of Compliance 49 3 Bottle Invitroliss 250ml Modified Liss 50 600 Gallon Isopropyl Alcohol 70% 1gallon 51 50 Gallon Liquid Soap (antibacterial Dishwashing)- Blue Only 52 50 Box Lubricating Jelly 3g Sachet, 100's 53 150 Pcs Mouthwash, 60ml 54 100 Bots Muriatic Acid, 250ml 55 10 Pc Glucometer 56 650 Pcs Naso Gastric Tube Fr-18 (adult) 57 700 Pcs Naso Gastric Tube Fr-20 (adult) 58 700 Pcs Nebulizing Kit (adult) 59 1,000 Pcs Oxygen Cannula (adult) 60 900 Pcs Oxygen Mask (adult) 61 15,000 Pcs Polyethylene Bottle 70 Ml (plastic White W/ Cover) 62 200 Gallon Povidone Iodine 10% 63 713 Pcs Solu Set (adult) 64 9,800 Pc Specimen Container Sterile 60ml (urine/ Sputum) Red Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Section Vii. Technical Specifications Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Unit Agency Specification Brand Name Offered Bidder's Statement Of Compliance 65 10 Box Sterile Gauze 4x4 (20mesh), 100/box 66 50 Pcs Suction Catheter #16 67 500 Pairs Surgical Gloves 7.0 68 500 Pairs Surgical Gloves 7.5 69 500 Pairs Surgical Gloves 8.0 70 250 Box Surgical Tape 1" (12 Pcs / Box) 71 300 Pcs Tissue Paper 2 Ply 72 60 Tube Ultrasound Gel 250ml 73 5,000 Pcs Underpads 74 5000 Pcs Urine Bag 75 85 Tube Urine Strips 4 Parameters (p, S, Ph, Sg) 100s 76 10 Box Wooden Applicator Stick Without Cotton-tip, 1000's 77 10 Box Wooden Tongue Depressor, 100's 78 30 Pcs Oxygen Regulator With Humidifier 79 100 Pcs Zinc Oxide 2.5cm X 5m Name Of Company Signature Over Printed Name Date Of Authorized Representative Section Viii. Checklist Of Technical And Financial Documents Checklist Of Technical And Financial Documents I.eligibility Component Envelope Class “a” Documents Legal Documents ⬜ (a)valid Philgeps Registration Certificate (platinum Membership) (all Pages); Technical Documents ⬜ (b)statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (f)statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Bidders Should Have Completed, Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project Equivalent To At Least Twenty Five Percent (25%) Of The Abc, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (g)original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission; Or Original Copy Of Notarized Bid Securing Declaration; And (h)conformity With The Schedule Of Requirements; And ⬜ (i)conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And Submission Of Sample Per Attached Annex “a” As Part Of Eligibility Documents During The Submission And Opening Of Bids; ⬜ (j)original Duly Signed Omnibus Sworn Statement (oss); And If Applicable, Original Notarized Secretary’s Certificate/board Resolution In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (k)the Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) At Least Equal To The Abc; Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation At Least Equal To Ten Percent (10%) Of The Abc. Class “b” Documents ⬜ (l)if Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence; Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Each Partner Of The Joint Venture Shall Submit Their Respective Philgeps Certificates Of Registration In Accordance With Section 8.5.2 Of This Irr. The Submission Of Technical And Financial Eligibility Documents By Any Of The Joint Venture Partners Constitutes Compliance: Provided, That The Partner Responsible To Submit The Nfcc Shall Likewise Submit The Statement Of All Of Its Ongoing Contracts And Audited Financial Statements Ii.financial Component Envelope ⬜ (m)original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (n)original Of Duly Signed And Accomplished Price Schedule(s). Bidding Forms Company Letterhead Statement Of Ongoing Government & Private Contracts Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Statement Of All Its Ongoing Government And Or Private Contracts Including Contracts Awarded But Not Yet Started, If Any Whether Similar Or Not Similar In Nature. Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Kind Of Goods Amount Of Contract Value Of Outstanding Contract Total Value Of Outstanding Contract: Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Statement Of Single Largest Completed Contract Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Two (2) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Twenty-five Percent (25%) Of The Approved Budget Of The Contract (abc) Name Of Contract Date Of Contract Contract Duration Owner’s Name And Address Kind Of Goods Amount Of Contract Amount Of Completed Contracts, Adjusted By The Bidder To Current Prices Using Psa’s Consumer Price Index, If Necessary Date Of Delivery Certified Correct: Name And Signature Of Authorized Representative Position Date Company Letterhead Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Republic Of The Philippines) City Of _______________________) S.s. X------------------------------------------------------x Bid Securing Declaration Invitation To Bid: [insert Reference Number] To: Bureau Of Corrections 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 Ten (10) 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 Bid Securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am/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. ____________ 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 _____ Company Letterhead Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 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: A)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 Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Of The Bureau Of Corrections, As Shown In The Attached Duly Notarized Special Power Of Attorney; B)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 Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Of The Bureau Of Corrections, As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g., Duly Notarized Secretary’s Certificate, Board/partnership Resolution, Or Special Power Of Attorney, Whichever Is Applicable;)]; 3.[name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board By Itself Or By Relation, Membership, Association, Affiliation, Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For In The Uniform Guidelines On Blacklisting ; 4.each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5.[name Of Bidder]is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6.select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7.[name Of Bidder] Complies With Existing Labor Laws And Standards; And 8.[name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A)carefully Examine All Of The Bidding Documents; B)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 Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025. 9.[name Of Bidder] Did Not Give Or Pay Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10.in Case Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling (estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 S. 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This __ Day Of ___, 2025 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 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 _____ Company Letterhead Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Certificate Of Net Financial Contracting Capacity (please Show Figures At How You Arrived At The Nfcc) This Is To Certify That Our Net Financial Contracting Capacity (nfcc) Is _____________________ (p____________) Which Is At Least Equal To The Total Ceiling Price We Are Bidding. The Amount Is Computed As Follows: (please Show Computation Of Nfcc) Nfcc = (ca-cl) (15) – C Where: Ca = Current Assets Cl = Current Liabilities C = Value Of All Outstanding Or Uncompleted Portions Of The Projects Under Going Contracts, Including Awarded Contracts Yet To Be Started Coinciding With The Contract For This Project Note: The Values Of The Bidder’s Current Assets And Current Liabilities Shall Be Based On The Audited Financial Statement Submitted To The Bir. Issued This _________________day Of ________________, 2025 _______________________________________________ Name & Signature Of Authorized Representative ____________________ Position_______________ Date Company Letterhead Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Bid Form Date: Invitation To Bid No: [insert Reference Number] To: Bids And Awards Committee Bureau Of Corrections Nbp Reservation Muntinlupa City 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 And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 In Conformity With The Said Bidding Documents For The Sum Of ________________________________________₱_________________ 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 17.1 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 You’re 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 Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Of The Bureau Of Corrections. [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 Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Of The Bureau Of Corrections. We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Shall Be A Ground For The Rejection Of Our Bid. Dated This ________________ Day Of ________________ 2025. [signature Over Printed Name] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of ____________________________ Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Schedule Of Prices Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Agency Specification Unit Price Total Bid Price Inclusive Of Vat Abc 1 20 Acid Fast Stain Set 67,180.00 2 2,500 Adult Diaper (l) 10s 685,000.00 3 3000 Adult Diaper (m) 10s 771,000.00 4 800 Asepto Syringe, 60cc 53,600.00 5 400 Bleaching Solution 80,000.00 6 100 Bd Ultra-fine Pen Needle 0.23 X 4mm, 100's 15,000.00 7 200 Blood Lancets, 100s 40,000.00 8 1,000 Blood Transfusion Set 59,000.00 9 900 Colostomy Bag 157,500.00 10 4,000 Condom Catheter (l) 148,000.00 11 5,000 Condom Catheter (m) 185,000.00 12 700 Cotton Roll 100g 37,100.00 13 8 Dengue Tests Kit Igg,igm 61,280.00 14 10 Dental Needle (short) G27, 100's 6,300.00 15 700 Disp. Face Mask 3-ply, 50s/bx 64,400.00 16 10 Disposable Surgical/ Bouffant Head Cap S.21, 100's 1,450.00 Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Schedule Of Prices Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Agency Specification Unit Price Total Bid Price Inclusive Of Vat Abc 17 30 Disp. Needle G-18, 100s 4,500.00 18 10 Disp. Needle G-19, 100s 1,500.00 19 10 Disp. Needle G-23, 100s 1,500.00 20 15 Disp. Needle G-25, 100s 2,250.00 21 1,000 Disposable Shaving Razor 16,000.00 22 500 Disp. Syringe 1 Cc. W/ Needle, 100s 157,500.00 23 900 Disp. Syringe 10 Cc. W/ Needle, 100s 418,500.00 24 900 Disp. Syringe 5 Cc. W/ Needle, 100s 319,500.00 25 900 Disp. Syringe 3 Cc. W/ Needle, 100s 283,500.00 26 400 Ecg Tracing Paper 50mm X 30 30,000.00 27 200 Elastic Bandage 4" 8,400.00 28 100 Elastic Bandage 6" 5,900.00 29 300 Examination Gloves (l) 100s (powder Free) 84,000.00 30 400 Examination Gloves (m) 100s(powder Free) 112,000.00 31 300 Examination Gloves (s) 100s 84,000.00 32 5,000 Foley Catheter Fr-16, 10's 200,000.00 Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Schedule Of Prices Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Agency Specification Unit Price Total Bid Price Inclusive Of Vat Abc 33 5,000 Foley Catheter Fr-18, 10's 200,000.00 34 15 Glass Ionomer Cement Type 9 37,350.00 35 15 Glass Ionomer Cement Type 2 31,500.00 36 100 Microscope Glass Slides Frosted 9,600.00 37 20 Heplock Heprain Cap (in-stopper), Box/100's 36,760.00 38 110 Hospital Gauze 28x24 Mesh, 36 In X 100 Yards Mesh 121,000.00 39 100 Hot Water Bag (medium Size) 9,000.00 40 400 Hydrogen Peroxide 10 Volumes, 500 Ml 26,000.00 41 50 Ice Cap/bag 5,000.00 42 200 I.v. Cannula G-18, 100's 400,000.00 43 250 I.v. Cannula G-22, 100s 500,000.00 44 5,000 I.v. Infusion Set Adult W/ Airways (macro Set) 170,000.00 45 150 Insulin Syringe 100 Units, 100s 129,450.00 46 100 Insulin Syringe 50 Units, 100s 89,900.00 47 2 Invitro Gel Neutral 1 Micro Tube, 24 Cards 84,000.00 48 2 Invitro Gel Ahg (combs) 1 Micro Tube, 24 Cards 84,000.00 Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Schedule Of Prices Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Agency Specification Unit Price Total Bid Price Inclusive Of Vat Abc 49 3 Invitroliss 250ml Modified Liss 42,000.00 50 600 Isopropyl Alcohol 70% 1gallon 225,000.00 51 50 Liquid Soap (antibacterial Dishwashing)- Blue Only 15,000.00 52 50 Lubricating Jelly 3g Sachet, 100's 50,000.00 53 150 Mouthwash, 60ml 10,950.00 54 100 Muriatic Acid, 250ml 5,850.00 55 10 Glucometer 17,820.00 56 650 Naso Gastric Tube Fr-18 (adult) 182,000.00 57 700 Naso Gastric Tube Fr-20 (adult) 252,000.00 58 700 Nebulizing Kit (adult) 63,000.00 59 1,000 Oxygen Cannula (adult) 26,000.00 60 900 Oxygen Mask (adult) 59,400.00 61 15,000 Polyethylene Bottle 70 Ml (plastic White W/ Cover) 250,500.00 62 200 Povidone Iodine 10% 292,000.00 63 713 Solu Set (adult) 228,873.00 64 9,800 Specimen Container Sterile 60ml (urine/ Sputum) Red 78,400.00 Name Of Company Signature Over Printed Name Date Of Authorized Representative Republic Of The Philippines Department Of Justice Bureau Of Corrections Muntinlupa City Schedule Of Prices Supply And Delivery Of Various Medical, Dental And Laboratory Supplies For Nbph And Ciw 2025 Item No. Qty. Agency Specification Unit Price Total Bid Price Inclusive Of Vat Abc 65 10 Sterile Gauze 4x4 (20mesh), 100/box 3,800.00 66 50 Suction Catheter #16 1,000.00 67 500 Surgical Gloves 7.0 14,500.00 68 500 Surgical Gloves 7.5 14,500.00 69 500 Surgical Gloves 8.0 14,500.00 70 250 Surgical Tape 1" (12 Pcs / Box) 200,000.00 71 300 Tissue Paper 2 Ply 5,400.00 72 60 Ultrasound Gel 250ml 3,300.00 73 5,000 Underpads 105,000.00 74 5000 Urine Bag 130,000.00 75 85 Urine Strips 4 Parameters (p, S, Ph, Sg) 100s 39,100.00 76 10 Wooden Applicator Stick Without Cotton-tip, 1000's 3,000.00 77 10 Wooden Tongue Depressor, 100's 1,550.00 78 30 Oxygen Regulator With Humidifier 33,000.00 79 100 Zinc Oxide 2.5cm X 5m 38,000.00 Name Of Company Signature Over Printed Name Date Of Authorized Representative Annex “a” Required Submission Of Samples Sixth Edition July 2020

Details: Combined Synopsis/solicitation Ht941025q2045 this Is A Combined Synopsis/solicitation For Commercial Items 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, In Conjunction With Far Part 13 Simplified Acquisition Procedures, As Supplemented With Additional Information Included In This Notice. This Announcement Constitutes The Only Solicitation; Quotes (rfqs) Are Being Requested And A Separate Written Solicitation Will Not Be Issued. this Solicitation Document Incorporates Provisions And Clauses In Effect Through Federal Acquisition Circular (fac) 2025-03 Effective 1/17/2025 And Defense Federal Acquisition Regulation Supplement (dfars) Publication Notice (dpn) 1/17/2025, Effective 1/17/2025. competitive Quotes Are Being Requested Under Request For Quote (rfq) Number Ht941025q2045. The North American Industry Classification System (naics) Code Applicable To This Acquisition Is 562998, All Other Miscellaneous Waste Management Services, And The Size Standard Is 16.5 (millions Of Dollars). This Procurement Will Be Competed As Full And Open Competition. description Of Requirements naval Medical Center San Diego Is Requesting Support For Full-service Controlled Substance Pharmaceutical Waste Disposal Service That Is Highly Encouraged By The Drug Enforcement Agency (dea) At Naval Medical Center San Diego, Ca 92134. see Performance Work Statement (attachment 1) For Further Details. place Of Performance: naval Medical Center San Diego 34800 Bob Wilson Dr. San Diego, Ca. 92134 service Period: clin 0001- Controlled Substance Pharmaceutical Waste Disposal Service For Nmcsd base Period: 1 May 2025 – 30 Apr 2026 uom: Job clin 1001- Controlled Substance Pharmaceutical Waste Disposal Service For Nmcsd option Year 1: 1 May 2026 – 30 Apr 2027 uom: Job clin 2001- Controlled Substance Pharmaceutical Waste Disposal Service For Nmcsd option Year 2: 1 May 2027 – 30 Apr 2028 uom: Job clin 3001- Controlled Substance Pharmaceutical Waste Disposal Service For Nmcsd option Year 3: 1 May 2027 – 30 Apr 2028 uom: Job clin 4001- Controlled Substance Pharmaceutical Waste Disposal Service For Nmcsd option Year 4: 1 May 2027 – 30 Apr 2028 uom: Job offeror Instructions the Government Intends To Award A Firm Fixed Price Contract To The Responsive, Responsible Offeror, Whose Quote Conforming To The Solicitation Is Most Advantageous To The Government, As Defined In The Evaluation Factors For Award Section Below. A Complete Quote Must Be Received For Consideration. Respond To Each Item Listed Below; If The Response Is “none” Or “not Applicable,” Explicitly State And Explain. The Government May Consider Quotes That Fail To Address Or Follow All Instructions To Be Non-responsive And Ineligible For Contract Award. A Complete Quote Includes A Response And Submission To Each Of The Following: general Information: Offeror Business Name, Address, Cage, And Unique Entity Id (uei) Codes (ensure Representation And Certifications Are Up To Date In Sam.gov), Business Size And Type Of Small Business Based On Applicable Naics Code As Provided Above, Federal Tax Id, Primary Point Of Contract (to Include Telephone And E-mail Address). Far Provision 52.212-3, Alternate I, Offeror Representations And Certifications – Commercial Products And Commercial Services, Applies To This Acquisition. Offeror Must Include A Completed Copy Of This Provision With Quote. technical Documentation: technical Approach Or Specifications: Ability To Meet The Statement Of Work Shall Be Demonstrated By The Offeror’s Submission Of A Document That Addresses How They Will Accomplish All Applicable Objectives, Tasks And Guidelines. The Quoter Shall Submit A Document, Not To Exceed Two (2) Pages, Demonstrating The Quoter’s Technical Capability To Perform The Required Services In Accordance With Attachment 1 (performance Work Statement). The Quoter Shall Specifically Address Their Technical Approach To Perform Each Element Identified Under Paragraph 1.4, 1.5 And 5.1 Of The Pws. offerors Are Cautioned Against Restating Pws Requirements In Their Proposal, Particularly With Regard To Technical Requirements; And Must State How All Requirements Will Be Met. Statements Such As "the Offeror Understands" And "the Offeror Shall/can Comply", Along With Reference Or Industry References Does Not Reflect That The Offeror Understands The Requirements And Will Likely Result In A Diminished Evaluation Rating. past Performance: Provide Two (2) References With The Point Of Contact Name, Telephone Number, E-mail Address, And Contract Number, For Which You Have Provided Recent And Relevant Delivery Of Similar Services Required In This Solicitation Within The Last 3 Years. Past Performance Will Be Evaluated Based On References And Information From Authorized Government Past Performance Systems And Resources. Use Attachment #2 – Past Performance Questionnaire. recent Is Defined As Having Delivered Similar Services In The Last Three Years. Relevant Is Defined As Having Delivered Similar Maintenance Agreements As Specified In The Performance Work Statement (pws). Past Performance Information Not Meeting The Above Criteria Will Not Be Used For Evaluation. price Quote: Submit Complete Pricing For Each Individual Item Listed In Pricing Schedule, To Include The Unit Price, The Extended Price For Each Line Item, And A Total Price In Us Dollars ($). Note: Ensure Fob Destination Shipping And Handling Costs And Other Ancillary Customer Services Are Included In The Pricing. proposal Support: A Detailed Breakdown Of The Total Proposed Price Is Required To Include Description, Quantity, Quoted Price Per Item And Extended Price Per Line Item. All Costs Should Support The Quote Provided In Attachment 3. evaluation Factors For Award: basis For Award: The Government Intends To Award A Purchase Order To The Responsive Responsible Vendor Whose Quote Conforming To The Rfq Is Most Advantageous To The Government, Price And Non-price Factors Considered. Technical And Past Performance, When Combined Are More Important Than Price. The Vendor Must Be Registered In The System For Award Management (sam) Database. The Government Reserves The Right To Award No Contract At All, Depending On The Quality Of Quotes Submitted, And The Availability Of Funds. award May Be Made Without Discussions With Offerors (except Communications Conducted For The Purpose Of Minor Clarification). Therefore, Each Initial Offer Should Contain The Offeror's Best Terms From A Technical And Price Standpoint. However, The Government Reserves The Right To Conduct Discussions If It Is Later Determined By The Contracting Officer To Be Necessary. as This Is A Competitive Services Procurement Using Far Part 13 Procedures, The Basis For Award Will Consider The Offerors Past Performance And Data In The Supplier Performance Risk System (sprs) And For The Fsc And Psc Of The Services Being Purchased (see Dfars 213.106-2). factor I – Technical: The Government Will Evaluate The Quote To See If Specification Requirements, As Defined Above Are Met, To Include All Information Required For A Complete Quote. Technical Capability Statements Will Be Evaluated As: technical Capability Evaluation Factors acceptable quote Clearly Meets All Of The Specification Requirements Of The Solicitation And Ability To Comply With The Consignment Agreement. unacceptable quote Does Not Clearly Meet All The Specification Requirements Of The Solicitation And/or Inability To Comply With The Consignment Agreement. factor Ii – Past Performance: The Government Will Evaluate Past Performance By Reviewing Offeror’s Submitted Past Performance Information And Other Sources That May Include, But Are Not Limited To, Information From Government Personnel And Information From The Government Websites Supplier Performance Risk System (sprs) Or Cpars As Stated Above For Basis For Award. past Performance Evaluation Factors adjectival Rating description substantial Confidence based On The Offeror’s Recent/relevant Performance Record, The Government Has A High Expectation That The Offeror Will Successfully Deliver Required Services. satisfactory Confidence based On The Offeror’s Recent/relevant Performance Record, The Government Has A Reasonable Expectation That The Offeror Will Successfully Deliver Required Services. neutral Confidence no Recent/relevant Performance Record Is Available, Or The Offeror’s Performance Record Is So Sparse That No Meaningful Confidence Assessment Rating Can Be Reasonably Assigned. The Offeror May Not Be Evaluated Favorably Or Unfavorably On The Factor Of Past Performance. limited Confidence based On The Offeror’s Recent/relevant Performance Record, The Government Has A Low Expectation That The Offeror Will Successfully Deliver Required Services. no Confidence based On The Offeror’s Recent/relevant Performance Record, The Government Has No Expectation That The Offeror Will Be Able To Successfully Deliver Required Services. to Be Considered For Award, The Offeror’s Evaluated Past Performance Cannot Be Either “limited Confidence” Or “no Confidence”. factor Iii – Price: The Government Will Evaluate The Total Price, To Determine If It Is Fair And Reasonable. The Price Quote Shall Include A Unit Price For Each Item And A Total Firm-fixed-price For All Line Items. The Total Firm-fixed-price Shall Include All Applicable Shipping, And Handling Costs To The Shipping Address Listed Above. each Technically Acceptable Offeror’s Price List Will Be Evaluated By The Government To Determine The Reasonableness Of Prices For Offered Products By Using One Or More Of The Following Price Analysis Methods Which May Include: evaluate Quoted Pricing Against The Independent Government Cost Estimate (igce); price Competition Amongst Technically Acceptable Offers. market Research. an Offeror’s Pricing Must Be Determined To Be Fair And Reasonable To Be Eligible For Award. due Date And Submission Information eligible Offerors: All Offerors Must Have A Completed Registration In The System For Award Management (sam) Website Prior To Award Of Contract. Information Can Be Found At Https://www.sam.gov/. Complete Sam Registration Means Offerors Shall Have Registered Uei Codes. page Limitations: None. formatting Requirements: Submit Quotes In Electronic Pdf And Or Excel Format. Text Shall Be Formatted On An 8.5x11 Page In 12-point Times New Roman Font. questions Due Date And Submission Requirements: All Questions Must Be Received By Monday, 7 April 2025, At 10:00am, Pacific Time. Questions Must Be Submitted By Email To Dernell.w.wade.civ@health.mil , And Include Rfq# Ht9410-25-q-2045 On The Subject Line In All Inquiries. Questions May Be Addressed At The Discretion Of The Government. rfq Due Date And Submission Requirements: This Rfq Closes On Friday, 11 April 2025 At 10:00 Am, Pacific Time. Quotes Must Be Emailed To The Contract Specialist Dernell.w.wade.civ@health.mil , Use Rfq# Ht9410-25-q-2045 In The Subject Line Of The Email And Ensure There Is Receipt Confirmation From The Aforementioned Contract Specialist. applicable Provisions And Clauses this Solicitation Document Incorporates Provisions And Clauses In Effect Through Federal Acquisition Circular (fac) 2024-03 Effective 2/23/2024 And Defense Federal Acquisition Regulation Supplement (dfars) Publication Notice (dpn) 02/15/2024, Effective 02/15/2024. It Is The Responsibility Of The Contractor To Be Familiar With The Applicable Clauses And Provisions. The Clauses Can Be Accessed In Full Text At Https://www.acquisition.gov/content/regulations. the Current Version Of The Following Far, Dfars, And Dha Provisions (as Of The Date Of This Rfq) Incorporated By Reference, Apply To This Acquisition: 52.204-7, System For Award Management 52.204-9, Personal Identity Verification Of Contractor Personnel 52.204-13, System For Award Management Maintenance 52.204-16, Commercial And Government Entity Code Reporting 52.204-18, Commercial And Government Entity Code 52.204-19, Incorporation By Reference Of Representations And Certifications 52.204-21,basic Safeguarding Of Covered Contractor Information Systems 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment 52.204-26, Covered Telecommunications Equipment Or Services- Representation 52.209-2, Prohibition On Contracting With Inverted Domestic Corporations-representation 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations 52.212-1, Instructions To Offers-commercial Products And Commercial Services 52.212-3, Alternate 1, Offeror Representation And Certifications – Commercial Products And Commercial Services (the Offeror Need Not Fill Out And Include As An Attachment If Sam Database (www.sam.gov ) Is Updated) 52.212-4, Contract Terms And Conditions – Commercial Products And Commercial Services 52.217-5, Evaluation Of Options 52.219-1, Small Business Program Representations 52.222.41, Service Contract Labor Standards 52.222.42, Statement Of Equivalent Rates For Federal Hires 52.222.43, Fair Labor Standards Act And Service Contract Labor Standards-price Adjustment (multi-year/options) 52.222-50, Combating Trafficking In Persons 52.223-2, Reporting Of Biobased Products Under Service And Construction Contracts 52.223-23, Sustainable Products And Services 52.232-39, Unenforceability Of Unauthorized Obligations 52.232-40, Providing Accelerated Payments To Small Business Subcontractors 52.245-1, Government Property 252.201-7000, Contracting Officer’s Representative 252.201-7000, Contracting Officer’s Representative 252.203-7000, Requirements Relating To Compensation Of Former Dod Officials 252.203-7002, Requirement To Inform Employees Of Whistleblower Rights 252.203-7005, Representation Relating To Compensation Of Former Dod Officials 252.204-7000, Disclosure Of Information 252.204-7003, Control Of Government Personnel Work Product 252.204-7004, Antiterrorism Awareness Training For Contractors 252.204-7008, Compliance With Safeguarding Covered Defense Information Controls 252.204-7012, Safeguarding Covered Defense Information And Cyber Incident Reporting 252.204-7015, Notice Of Authorized Disclosure Of Information For Litigation Support 252.204-7016, Covered Defense Telecommunications Equipment Or Services- Representation 252.204-7017, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services- Representation 252.204-7018, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Service 252.204-7019, Notice Of Nist Sp 800-171 Dod Assessment Requirements 252.204-7020, Nist Sp 800-171 Dod Assessment Requirements 252.204-7022, Expediting Contract Closeout 252.204-7024, Notice On The Use Of The Supplier Performance Risk System 252.211-7007, Reporting Of Government-furnished Property 252.223-7008, Prohibition Of Hexavalent Chromium 252.225-7048, Export-controlled Items 252.225-7055, Representation Regarding Persons That Have Business Operations With The Maduro Regime 252.225-7056, Prohibition Regarding Business Operations With The Maduro Regime 252.225-7059, Prohibition On Certain Procurements From The Xinjiang Uyghur Autonomous Region–certification 252.225-7060, Prohibition On Certain Procurements From The Xinjiang Uyghur Autonomous Region 252.232-7003, Electronic Submission Of Payment Requests And Receiving Reports 252.232-7006, Wide Area Workflow Payment Instructions 252.223-7008, Prohibition Of Hexavalent Chromium 252.232-7010, Levies On Contract Payments 252.232-7017, Accelerating Payments To Small Business Subcontractors- Prohibition On Fees And Consideration 252.244-7000, Subcontracts For Commercial Products Or Commercial Services 252.246-7008, Sources Of Electronic Parts 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (nov 2021) The Offeror Shall Not Complete The Representation At Paragraph (d)(1) Of This Provision If The Offeror Has Represented That It "does Not Provide Covered Telecommunications Equipment Or Services As A Part Of Its Offered Products Or Services To The Government In The Performance Of Any Contract, Subcontract, Or Other Contractual Instrument" In Paragraph (c)(1) In The Provision At 52.204-26, Covered Telecommunications Equipment Or Services—representation, Or In Paragraph (v)(2)(i) Of The Provision At 52.212-3, Offeror Representations And Certifications-commercial Products Or Commercial Services. The Offeror Shall Not Complete The Representation In Paragraph (d)(2) Of This Provision If The Offeror Has Represented That It "does Not Use Covered Telecommunications Equipment Or Services, Or Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services" In Paragraph (c)(2) Of The Provision At 52.204-26, Or In Paragraph (v)(2)(ii) Of The Provision At 52.212-3. (a) Definitions. As Used In This Provision— Backhaul, Covered Telecommunications Equipment Or Services, Critical Technology, Interconnection Arrangements, Reasonable Inquiry, Roaming, And Substantial Or Essential Component Have The Meanings Provided In The Clause 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (b) Prohibition. (1) Section 889(a)(1)(a) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2019, From Procuring Or Obtaining, Or Extending Or Renewing A Contract To Procure Or Obtain, Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. Nothing In The Prohibition Shall Be Construed To— (i) Prohibit The Head Of An Executive Agency From Procuring With An Entity To Provide A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or (ii) Cover Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Cannot Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles. (2) Section 889(a)(1)(b) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2020, From Entering Into A Contract Or Extending Or Renewing A Contract With An Entity That Uses Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. This Prohibition Applies To The Use Of Covered Telecommunications Equipment Or Services, Regardless Of Whether That Use Is In Performance Of Work Under A Federal Contract. Nothing In The Prohibition Shall Be Construed To— (i) Prohibit The Head Of An Executive Agency From Procuring With An Entity To Provide A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or (ii) Cover Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Cannot Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles. (c) Procedures. The Offeror Shall Review The List Of Excluded Parties In The System For Award Management (sam) (https://www.sam.gov) For Entities Excluded From Receiving Federal Awards For "covered Telecommunications Equipment Or Services". (d) Representation. The Offeror Represents That— (1) It 0 Will, 1 Will Not Provide Covered Telecommunications Equipment Or Services To The Government In The Performance Of Any Contract, Subcontract Or Other Contractual Instrument Resulting From This Solicitation. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(1) Of This Section If The Offeror Responds "will" In Paragraph (d)(1) Of This Section; And (2) After Conducting A Reasonable Inquiry, For Purposes Of This Representation, The Offeror Represents That— It 0 Does, 1 Does Not Use Covered Telecommunications Equipment Or Services, Or Use Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services. The Offeror Shall Provide The Additional Disclosure Information Required At Paragraph (e)(2) Of This Section If The Offeror Responds "does" In Paragraph (d)(2) Of This Section. (e) Disclosures. (1) Disclosure For The Representation In Paragraph (d)(1) Of This Provision. If The Offeror Has Responded "will" In The Representation In Paragraph (d)(1) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer: (i) For Covered Equipment— (a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Original Equipment Manufacturer (oem) Or A Distributor, If Known); (b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And (c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision. (ii) For Covered Services— (a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or (b) If Not Associated With Maintenance, The Product Service Code (psc) Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(1) Of This Provision. (2) Disclosure For The Representation In Paragraph (d)(2) Of This Provision. If The Offeror Has Responded "does" In The Representation In Paragraph (d)(2) Of This Provision, The Offeror Shall Provide The Following Information As Part Of The Offer: (i) For Covered Equipment— (a) The Entity That Produced The Covered Telecommunications Equipment (include Entity Name, Unique Entity Identifier, Cage Code, And Whether The Entity Was The Oem Or A Distributor, If Known); (b) A Description Of All Covered Telecommunications Equipment Offered (include Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); And (c) Explanation Of The Proposed Use Of Covered Telecommunications Equipment And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision. (ii) For Covered Services— (a) If The Service Is Related To Item Maintenance: A Description Of All Covered Telecommunications Services Offered (include On The Item Being Maintained: Brand; Model Number, Such As Oem Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable); Or (b) If Not Associated With Maintenance, The Psc Of The Service Being Provided; And Explanation Of The Proposed Use Of Covered Telecommunications Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b)(2) Of This Provision. (end Of Provision) 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—commercial Products And Commercial Services (feb 2024) (a) The Contractor Shall Comply With The Following Federal Acquisition Regulation (far) Clauses, Which Are Incorporated In This Contract By Reference, To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: (1) 52.203-19, Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements (jan 2017) (section 743 Of Division E, Title Vii, Of The Consolidated And Further Continuing Appropriations Act, 2015 (pub. L. 113-235) And Its Successor Provisions In Subsequent Appropriations Acts (and As Extended In Continuing Resolutions)). (2) 52.204-23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab Covered Entities (dec 2023) (section 1634 Of Pub. L. 115-91). (3) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115-232). (4) 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations (nov 2015). (5) 52.232-40, Providing Accelerated Payments To Small Business Subcontractors (mar 2023) ( 31 U.s.c. 3903 And 10 U.s.c. 3801). (6) 52.233-3, Protest After Award (aug 1996) ( 31 U.s.c. 3553). (7) 52.233-4, Applicable Law For Breach Of Contract Claim (oct 2004) (public Laws 108-77 And 108-78 ( 19 U.s.c. 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 Products And Commercial Services: [contracting Officer Check As Appropriate.] ☒ (1) 52.203-6, Restrictions On Subcontractor Sales To The Government (jun 2020), With Alternate I (nov 2021) ( 41 U.s.c. 4704 And 10 U.s.c. 4655). __☐ (2) 52.203-13, Contractor Code Of Business Ethics And Conduct (nov 2021) ( 41 U.s.c. 3509)). __☐ (3) 52.203-15, Whistleblower Protections Under The American Recovery And Reinvestment Act Of 2009 (jun 2010) (section 1553 Of Pub. L. 111-5). (applies To Contracts Funded By The American Recovery And Reinvestment Act Of 2009.) _☐_ (4) 52.203-17, Contractor Employee Whistleblower Rights (nov 2023) ( 41 U.s.c. 4712); This Clause Does Not Apply To Contracts Of Dod, Nasa, The Coast Guard, Or Applicable Elements Of The Intelligence Community—see Far 3.900(a). _☒_ (5) 52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards (jun 2020) (pub. L. 109-282) ( 31 U.s.c. 6101 Note). __ (6) [reserved]. __☐ (7) 52.204-14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111-117, Section 743 Of Div. C). _☐_ (8) 52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111-117, Section 743 Of Div. C). _☒_ (9) 52.204-27, Prohibition On A Bytedance Covered Application (jun 2023) (section 102 Of Division R Of Pub. L. 117-328). __☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—federal Supply Schedules, Governmentwide Acquisition Contracts, And Multi-agency Contracts. (dec 2023) ( Pub. L. 115–390, Title Ii). ☐ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—prohibition. (dec 2023) ( Pub. L. 115–390, Title Ii). __ (ii) Alternate I (dec 2023) Of 52.204–30. ☒ (12) 52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. (nov 2021) ( 31 U.s.c. 6101 Note). ☐ (13) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) ( 41 U.s.c. 2313). (14) [reserved]. __☐ (15) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (oct 2022) ( 15 U.s.c. 657a). __☒ (16) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (oct 2022) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer) ( 15 U.s.c. 657a). __ (17) [reserved] ☒ (18) (i) 52.219-6, Notice Of Total Small Business Set-aside (nov 2020) ( 15 U.s.c. 644). __ (ii) Alternate I (mar 2020) Of 52.219-6. ☐ (19) (i) 52.219-7, Notice Of Partial Small Business Set-aside (nov 2020) ( 15 U.s.c. 644). __ (ii) Alternate I (mar 2020) Of 52.219-7. ☐ (20) 52.219-8, Utilization Of Small Business Concerns (feb 2024) ( 15 U.s.c. 637(d)(2) And (3)). ☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (sep 2023) ( 15 U.s.c. 637(d)(4)). __ (ii) Alternate I (nov 2016) Of 52.219-9. __ (iii) Alternate Ii (nov 2016) Of 52.219-9. __ (iv) Alternate Iii (jun 2020) Of 52.219-9. __ (v) Alternate Iv (sep 2023) Of 52.219-9. ☐ (22) (i) 52.219-13, Notice Of Set-aside Of Orders (mar 2020) ( 15 U.s.c. 644(r)). __ (ii) Alternate I (mar 2020) Of 52.219-13. ☐ (23) 52.219-14, Limitations On Subcontracting (oct 2022) ( 15 U.s.c. 637s). __☐ (24) 52.219-16, Liquidated Damages—subcontracting Plan (sep 2021) ( 15 U.s.c. 637(d)(4)(f)(i)). __☐ (25) 52.219-27, Notice Of Set-aside For, Or Sole-source Award To, Service-disabled Veteran-owned Small Business (sdvosb) Concerns Eligible Under The Sdvosb Program (feb 2024) ( 15 U.s.c. 657f). ☒ (26) (i) 52.219-28, Post Award Small Business Program Representation (feb 2024) ( 15 U.s.c. 632(a)(2)). __ (ii) Alternate I (mar 2020) Of 52.219-28. ☐(27) 52.219-29, Notice Of Set-aside For, Or Sole-source Award To, Economically Disadvantaged Women-owned Small Business Concerns (oct 2022) ( 15 U.s.c. 637(m)). ☐(28) 52.219-30, Notice Of Set-aside For, Or Sole-source Award To, Women-owned Small Business Concerns Eligible Under The Women-owned Small Business Program (oct 2022) ( 15 U.s.c. 637(m)). ☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (mar 2020) ( 15 U.s.c. 644(r)). ☐ (30) 52.219-33, Nonmanufacturer Rule (sep 2021) ( 15u.s.c. 637(a)(17)). ☒ (31) 52.222-3, Convict Labor (jun 2003) (e.o.11755). ☐ (32) 52.222-19, Child Labor-cooperation With Authorities And Remedies (feb 2024). ☐ (33) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). ☐ (34) (i) 52.222-26, Equal Opportunity (sep 2016) (e.o.11246). __ (ii) Alternate I (feb 1999) Of 52.222-26. ☒ (35) (i) 52.222-35, Equal Opportunity For Veterans (jun 2020) ( 38 U.s.c. 4212). __ (ii) Alternate I (jul 2014) Of 52.222-35. ☒(36) (i) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) ( 29 U.s.c. 793). __ (ii) Alternate I (jul 2014) Of 52.222-36. ☒ (37) 52.222-37, Employment Reports On Veterans (jun 2020) ( 38 U.s.c. 4212). __ (38) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). ☒ (39) (i) 52.222-50, Combating Trafficking In Persons (nov 2021) ( 22 U.s.c. Chapter 78 And E.o. 13627). _ ☒ _ (ii) Alternate I (mar 2015) Of 52.222-50 ( 22 U.s.c. Chapter 78 And E.o. 13627). ☐ (40) 52.222-54, Employment Eligibility Verification (may 2022) (executive Order 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Products Or Commercial Services As Prescribed In Far 22.1803.) ☐ (41) (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.) ☐ (42) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o. 13693). ☐ (43) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693). ☐ (44) (i) 52.223-13, Acquisition Of Epeat®-registered Imaging Equipment (jun 2014) (e.o.s 13423 And 13514). __ (ii) Alternate I (oct 2015) Of 52.223-13. ☐ (45) (i) 52.223-14, Acquisition Of Epeat®-registered Televisions (jun 2014) (e.o.s 13423 And 13514). __ (ii) Alternate I (jun2014) Of 52.223-14. ☐ (46) 52.223-15, Energy Efficiency In Energy Consuming Products (may 2020) ( 42 U.s.c. 8259b). ☐ (47) (i) 52.223-16, Acquisition Of Epeat®-registered Personal Computer Products (oct 2015) (e.o.s 13423 And 13514). __ (ii) Alternate I (jun 2014) Of 52.223-16. ☒ (48) 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (jun 2020) (e.o. 13513). ☐ (49) 52.223-20, Aerosols (jun 2016) (e.o. 13693). ☐ (50) 52.223-21, Foams (jun2016) (e.o. 13693). ☐ (51) (i) 52.224-3 Privacy Training (jan 2017) (5 U.s.c. 552 A). __ (ii) Alternate I (jan 2017) Of 52.224-3. ☐ (52) (i) 52.225-1, Buy American-supplies (oct 2022) ( 41 U.s.c. Chapter 83). __ (ii) Alternate I (oct 2022) Of 52.225-1. ☐ (53) (i) 52.225-3, Buy American-free Trade Agreements-israeli Trade Act (nov 2023) ( 19 U.s.c. 3301 Note, 19 U.s.c. 2112 Note, 19 U.s.c. 3805 Note, 19 U.s.c. 4001 Note, 19 U.s.c. Chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, And 112-43. __ (ii) Alternate I [reserved]. __ (iii) Alternate Ii (dec 2022) Of 52.225-3. __ (iv) Alternate Iii (feb 2024) Of 52.225-3. __ (v) Alternate Iv (oct 2022) Of 52.225-3. ☐ (54) 52.225-5, Trade Agreements (nov 2023) ( 19 U.s.c. 2501, Et Seq., 19 U.s.c. 3301 Note). ☒ (55) 52.225-13, Restrictions On Certain Foreign Purchases (feb 2021) (e.o.’s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). ☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). ☐ (57) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) ( 42 U.s.c. 5150). ☐ (58) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov2007) ( 42 U.s.c. 5150). ☐(59) 52.229-12, Tax On Certain Foreign Procurements (feb 2021). ☐ (60) 52.232-29, Terms For Financing Of Purchases Of Commercial Products And Commercial Services (nov 2021) ( 41 U.s.c. 4505, 10 U.s.c. 3805). ☐ (61) 52.232-30, Installment Payments For Commercial Products And Commercial Services (nov 2021) ( 41 U.s.c. 4505, 10 U.s.c. 3805). ☒ (62) 52.232-33, Payment By Electronic Funds Transfer-system For Award Management (oct2018) ( 31 U.s.c. 3332). ☐ (63) 52.232-34, Payment By Electronic Funds Transfer-other Than System For Award Management (jul 2013) ( 31 U.s.c. 3332). ☐ (64) 52.232-36, Payment By Third Party (may 2014) ( 31 U.s.c. 3332). ☐ (65) 52.239-1, Privacy Or Security Safeguards (aug 1996) ( 5 U.s.c. 552a). ☐(66) 52.242-5, Payments To Small Business Subcontractors (jan 2017) ( 15 U.s.c. 637(d)(13)). ☐ (67) (i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) ( 46 U.s.c. 55305 And 10 U.s.c. 2631). __ (ii) Alternate I (apr 2003) Of 52.247-64. __ (iii) Alternate Ii (nov 2021) Of 52.247-64. (c) The Contractor Shall Comply With The Far Clauses In This Paragraph (c), Applicable To Commercial Services, That The Contracting Officer Has Indicated As Being Incorporated In This Contract By Reference To Implement Provisions Of Law Or Executive Orders Applicable To Acquisitions Of Commercial Products And Commercial Services: [contracting Officer Check As Appropriate.] ☐(1) 52.222-41, Service Contract Labor Standards (aug 2018) ( 41 U.s.c. Chapter67). ☐ (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) ( 29u.s.c.206 And 41 U.s.c. Chapter 67). ☐ (5) 52.222-51, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment-requirements (may 2014) ( 41 U.s.c. Chapter 67). ☐ (6) 52.222-53, Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services-requirements (may 2014) ( 41 U.s.c. Chapter 67). ☐ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022). ☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706). ☐ (9) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations (jun 2020) ( 42 U.s.c. 1792). (d) Comptroller General Examination Of Record. The Contractor Shall Comply With The Provisions Of This Paragraph (d) If This Contract Was Awarded Using Other Than Sealed Bid, Is In Excess Of The Simplified Acquisition Threshold, As Defined In Far 2.101, On The Date Of Award Of This Contract, And Does Not Contain The Clause At 52.215-2, Audit And Records-negotiation. (1) The Comptroller General Of The United States, Or An Authorized Representative Of The Comptroller General, Shall Have Access To And Right To Examine Any Of The Contractor’s Directly Pertinent Records Involving Transactions Related To This Contract. (2) The Contractor Shall Make Available At Its Offices At All Reasonable Times The Records, Materials, And Other Evidence For Examination, Audit, Or Reproduction, Until 3 Years After Final Payment Under This Contract Or For Any Shorter Period Specified In Far Subpart 4.7, Contractor Records Retention, Of The Other Clauses Of This Contract. If This Contract Is Completely Or Partially Terminated, The Records Relating To The Work Terminated Shall Be Made Available For 3 Years After Any Resulting Final Termination Settlement. Records Relating To Appeals Under The Disputes Clause Or To Litigation Or The Settlement Of Claims Arising Under Or Relating To This Contract Shall Be Made Available Until Such Appeals, Litigation, Or Claims Are Finally Resolved. (3) As Used In This Clause, Records Include Books, Documents, Accounting Procedures And Practices, And Other Data, Regardless Of Type And Regardless Of Form. This Does Not Require The Contractor To Create Or Maintain Any Record That The Contractor Does Not Maintain In The Ordinary Course Of Business Or Pursuant To A Provision Of Law. (e) (1) Notwithstanding The Requirements Of The Clauses In Paragraphs (a), (b), (c), And (d) Of This Clause, The Contractor Is Not Required To Flow Down Any Far Clause, Other Than Those In This Paragraph (e)(1), In A Subcontract For Commercial Products Or Commercial Services. Unless Otherwise Indicated Below, The Extent Of The Flow Down Shall Be As Required By The Clause- (i) 52.203-13, Contractor Code Of Business Ethics And Conduct (nov 2021) ( 41 U.s.c. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (nov 2023) ( 41 U.s.c. 4712). (iii) 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)). (iv) 52.204-23, Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab Covered Entities (dec 2023) (section 1634 Of Pub. L. 115-91). (v) 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (nov 2021) (section 889(a)(1)(a) Of Pub. L. 115-232). (vi) 52.204-27, Prohibition On A Bytedance Covered Application (jun 2023) (section 102 Of Division R Of Pub. L. 117-328). (vii) (a) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—prohibition. (dec 2023) ( Pub. L. 115–390, Title Ii). (b) Alternate I (dec 2023) Of 52.204–30. (viii) 52.219-8, Utilization Of Small Business Concerns (feb 2024) ( 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. (ix) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). (x) 52.222-26, Equal Opportunity (sep 2015) (e.o.11246). (xi) 52.222-35, Equal Opportunity For Veterans (jun 2020) ( 38 U.s.c. 4212). (xii) 52.222-36, Equal Opportunity For Workers With Disabilities (jun 2020) ( 29 U.s.c. 793). (xiii) 52.222-37, Employment Reports On Veterans (jun 2020) ( 38 U.s.c. 4212). (xiv) 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. (xv) 52.222-41, Service Contract Labor Standards (aug 2018) ( 41 U.s.c. Chapter 67). (xvi) (a) 52.222-50, Combating Trafficking In Persons (nov 2021) ( 22 U.s.c. Chapter 78 And E.o 13627). (b) Alternate I (mar 2015) Of 52.222-50 ( 22 U.s.c. Chapter 78 And E.o. 13627). (xvii) 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). (xviii) 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). (xix) 52.222-54, Employment Eligibility Verification (may 2022) (e.o. 12989). (xx) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (jan 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2022) (e.o. 13706). (xxii) (a) 52.224-3, Privacy Training (jan 2017) ( 5 U.s.c. 552a). (b) Alternate I (jan 2017) Of 52.224-3. (xxiii) 52.225-26, Contractors Performing Private Security Functions Outside The United States (oct 2016) (section 862, As Amended, Of The National Defense Authorization Act For Fiscal Year 2008; 10 U.s.c. Subtitle A, Part V, Subpart G Note). (xxiv) 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. (xxv) 52.232-40, Providing Accelerated Payments To Small Business Subcontractors (mar 2023) ( 31 U.s.c. 3903 And 10 U.s.c. 3801). Flow Down Required In Accordance With Paragraph (c) Of 52.232-40. (xxvi) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (nov 2021) ( 46 U.s.c. 55305 And 10 U.s.c. 2631). Flow Down Required In Accordance With Paragraph (d) Of Far Clause 52.247-64. (2) While Not Required, The Contractor May Include In Its Subcontracts For Commercial Products And Commercial Services A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. (end Of Clause) 52.217-8 Option To Extend Services (nov 1999) the Government May Require Continued Performance Of Any Services Within The Limits And At The Rates Specified In The Contract. These Rates May Be Adjusted Only As A Result Of Revisions To Prevailing Labor Rates Provided By The Secretary Of Labor. The Option Provision May Be Exercised More Than Once, But The Total Extension Of Performance Hereunder Shall Not Exceed 6 Months. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within 30 Days. (end Of Clause) 52.217-9 Option To Extend The Term Of The Contract (mar 2000) (a) The Government May Extend The Term Of This Contract By Written Notice To The Contractor Within 30 Days; Provided That The Government Gives The Contractor A Preliminary Written Notice Of Its Intent To Extend At Least 30 Days Before The Contract Expires. The Preliminary Notice Does Not Commit The Government To An Extension. (b) If The Government Exercises This Option, The Extended Contract Shall Be Considered To Include This Option Clause. (c) The Total Duration Of This Contract, Including The Exercise Of Any Options Under This Clause, Shall Not Exceed 5 Years. 52.252-2, Clauses Incorporated By Reference 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): the Far Provisions, Clauses And Deviations Can Be Accessed In Full Text At https://www.acquisition.gov/browse/index/far (far Clauses And Deviations) And https://www.acquisition.gov/dfars (dfars Clauses). (end Of Clause) pd 03-03 Rev 000 - Improper Business Practices & Personal Conflicts Of Interest – Enclosure 1 instructions, Conditions, And Notices To Offerors l.[x] Improper Business Practices And Personal Conflicts Of Interest l.[x].1 The Offeror’s Attention Is Directed To Far, Part 3 And Dfars, Part 203, “improper Business Practices And Personal Consultant Conflicts Of Interest.” l.[x].2 252.203-7005 Representation Relating To Compensation Of Former Dod Officials (nov 2011) (a) Definition. “covered Dod Official” Is Defined In The Clause At 252.203-7000, Requirements Relating To Compensation Of Former Dod Officials. (b) By Submission Of This Offer, The Offeror Represents, To The Best Of Its Knowledge And Belief, That All Covered Dod Officials Employed By Or Otherwise Receiving Compensation From The Offeror, And Who Are Expected To Undertake Activities On Behalf Of The Offeror For Any Resulting Contract, Are Presently In Compliance With All Post-employment Restrictions Covered By 18 U.s.c. 207, 41 U.s.c. 2101-2107, And 5 Cfr Parts 2637 And 2641, Including Federal Acquisition Regulation 3.104-2. (end Of Provision) l.[x].3 Use Of Former Dod/defense Health Agency (dha) Employees And Uniformed service Members In Proposal Preparation. The Involvement Of A Former Dod/dha Employee/member In An Offeror’s Proposal Preparation May Give Rise To An Unfair Competitive Advantage Or The Appearance Thereof, If The Former Dod/dha Employee/ Member Acquired Non-public, Competitively Useful Information In His Or Her Former Position. Such Knowledge Could Include Proprietary Information Of Competitor’s Performance On Past Or Current Contracts With Similar Requirements Or Source Selection Sensitive Information Pertaining To This Procurement. Consequently, The Offeror Must Notify The Contracting Officer Prior To The Involvement In The Proposal Preparation By A Former Dod/dha Employee/member Reasonably Expected To Have Had Access To Such Information. Based On The Notification, The Contracting Officer Will Make A Determination Whether Involvement Of The Former Dod/dha Employee/member In Proposal Preparation Could Create An Unfair Competitive Advantage Or Appearance Thereof. The Contracting Officer Will Further Determine Whether Any Mitigation Measures Taken Or Proposed By The Offeror Are Adequate To Alleviate This Concern Or Whether The Offeror Will Be Disqualified From The Competition. Failure To Comply With These Procedures May Result In The Offeror’s Disqualification For Award. (end Of Provision) pd 03-03 Rev 000 - Improper Business Practices & Personal Conflicts Of Interest – Enclosure 2 h.[x] Improper Business Practices And Personal Conflicts Of Interest h.[x].1 Dfars 252.203-7000, Requirements Relating To Compensation Of Former Dod officials (sep 2011) (a) Definition. “covered Dod Official,” As Used In This Clause, Means An Individual That— (1) Leaves Or Left Dod Service On Or After January 28, 2008; And (2) (i) Participated Personally And Substantially In An Acquisition As Defined In 41 U.s.c. 131 With A Value In Excess Of $10 Million, And Serves Or Served— (a) In An Executive Schedule Position Under Subchapter Ii Of Chapter 53 Of Title 5, United States Code. (b) In A Position In The Senior Executive Service Under Subchapter Viii Of Chapter 53 Of Title 5, United States Code; Or (c) In A General Or Flag Officer Position Compensated At A Rate Of Pay For Grade O-7 Or Above Under Section 201 Of Title 37, United States Code; Or (ii) Serves Or Served In Dod In One Of The Following Positions: Program Manager, Deputy Program Manager, Procuring Contracting Officer, Administrative Contracting Officer, Source Selection Authority, Member Of The Source Selection Evaluation Board, Or Chief Of A Financial Or Technical Evaluation Team For A Contract In An Amount In Excess Of $10 Million. (b) The Contractor Shall Not Knowingly Provide Compensation To A Covered Dod Official Within 2 Years After The Official Leaves Dod Service; Without First Determining That The Official Has Sought And Received, Or Has Not Received After 30 Days Of Seeking, A Written Opinion From The Appropriate Dod Ethics Counselor Regarding The Applicability Of Post-employment Restrictions To The Activities That The Official Is Expected To Undertake On Behalf Of The Contractor. (c) Failure By The Contractor To Comply With Paragraph (b) Of This Clause May Subject The Contractor To Rescission Of This Contract, Suspension, Or Debarment In Accordance With 41 U.s.c. 2105(c). (end Of Clause) rfq Attachments performance Work Statement (pws) past Performance Questionnaire (ppq)