Uniform Tenders

Details: This Is A Combined Synopsis/solicitation For Commercial Items Prepared In Accordance With The Format 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 Is Being Issued As A Request For Quotation (rfq). The Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2025-03 Dated 3 Jan 2025 This Solicitation Number W91zrs25q001 Is For The Connecticut Army National Guard (ctarng). The Uspfo For Connecticut Intends To Award A Firm-fixed Price Contract For Portable Toilets And Wash Stations. This Request Is Due By 16 April 2025 At 2:00 P.m. (eastern Time). This Solicitation Is Unrestricted. The North American Industry Classification System (naics) Code For This Acquisition Is 562991 –septic Tank And Related Services. The Small Business Standard Size For Naics 562998 Is $17 Million Annual Receipts Per Year. instructions To Offerors all Questions Shall Be In Writing. Questions May Be Faxed To Leslie Fedler At 860-386-4070 Or Emailed At Leslie.a.fedler.civ@army.mil. Questions Must Be Submitted No Later Than 14 April 2025. all Quotes Are Due No Later Than 2:00 P.m. Eastern Time, 16 April 1, 2025. Quotes May Be Faxed To Leslie Fedler At 860-386-4070 Or Emailed To Leslie.a.fedler.civ@army.mil. it Is Your Responsibility To Make Sure Your Quote Is Received. The Fact That The Contracting Office Did Not Receive Your Quote Due To An Error On The Fax Machine Or Email Address Does Not Change The Due Date Or Time. basis For Award award Shall Be Made To A Single Offeror. 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 Government Has The Right To Use Government Contracts That The Vender Has Previously Won As Their Past Performance Rating. price Evaluation the Price Should Be Fair And Reasonable. The Contractor Should As Part Of The Quote Have All Costs Explain In Their Quote. Proposals Will Be Evaluated On A Best Value And Proposals. A Quote Which Does Not Have The Price Break Down And That Does Not Include All Costs The Government Shall Consider The Quote Non-responsive. the Determination That A Quote Is Reasonable Will Be Based On Competitive Quotation/offers And Historical History. the Most Important Is Price. the Contracting Officer Will Evaluate Products On The Basis Of Information Furnished By The Offeror Or Identified In The Offer And Reasonably Available To The Contracting Officer. The Contracting Officer Is Not Responsible For Locating Or Obtaining Any Information Not Identified In The Offer. The Government Is Not Responsible For Developing The Comparison From Insufficient Information Provided. sam’s Registration: Offeror Must Be Registered In The System For Award Management (sam) Database Before An Award Can Be Made To Them. If The Offeror Is Not Registered In The Sam, They May Do So Through The Sam Website At Http://www.sam.gov. payment Shall Be Paid Thru The Wide Area Workflow Program. All Payments Are Net 30 Days. All Offerors Must Accept This As Payment. The Wide Area Workflow Website Is Https://wawf.eb.mil/. offers Must Include A Completed Copy Of Far 52.212-3, Offeror Representations And Certifications Commercial Items (oct 2010) With Its Offer. offers Must Include A Completed Copy Of Far 52.204-24, Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (aug 2020) With Its Offer. statement Of Work Ft Drum Ny Sanitation Services title. Annual Training Fy25 Ft Drum Portable Toilets, Hand Washing Stations, Wastewater Holding Tanks And Services. 1.general. Ctarng Anticipates 250 Soldiers During At25 Scheduled From 30 May 2025through 11 June 2025 At Ft Drum, Ny. They Will Be Conducting Operations In A Field Environment Where The Requested Sanitation Services Are Not Available. 1.2 This Statement Of Work (sow) Describes The Requirement To Provide Non-sewer Portable Toilets, Hand Wash Stations, Wastewater Holding Tanks And Related Services In Support Of The Ctarng During At25 At Ft Drum, Ny. 2.objectives: To Establish A Contract With Local Vendor To Deliver, Service/clean, Maintain And Remove All Portable Toilets, Hand Wash Stations And Wastewater Holding Tanks When Called Upon To The Multiple Locations And Dates Required Below. 3.specific Tasks. The Specific Tasks Are As Follows: a. The Contractor Is Required To Emplace, Clean And Service 40 Portable Toilets, 15 Dual Handwashing Stations For Delivery And Removal (to Include Cleaning And Re-stocking), And 4 Wastewater Holding Tanks For Delivery And Removal (to Include Emptying And Cleaning). b. All Portable Toilets, Washing Stations And Wastewater Holding Tanks Must Be Delivered And Emplaced Nlt 1600 30 May 2025 And Removed 11 June 2025. c. Portable Toilets, Hand Washing Stations And Wastewater Holding Tanks Will Be Serviced According To The Schedule Nlt 1000hrs On 6/2, 6/4; No Earlier Than 1400hrs On Friday 06june 2025; And Nlt 1000hrs 6/9 d. On Date/time Of Installation, Customer To Provide Representative In Person To Identify Specific Locations At Training Sites For Portable Toilets, Wastewater Holding Tanks, And Handwashing Stations. 3. Description Of Tasks And Services. There Are 5 Separate Locations At Ft Drum The Ctarng Will Be Training.3.1 Training Locations: ta17d ta13a – Cactif/panther Dz ta18a – Faarp/5 Pads range 48 chute Dz 3.1.1 – Ta17d Description Of Services: 15 Portable Toilets, 5 Handwash Stations And 2 Wastewater Holding Tanks. Delivered And Emplaced Nlt 1600 30 May 2025 Removed 11 June 2025. Services To Be Conducted Nlt 1000hrs On 6/2, 6/4; No Earlier Than 1400hrs On Friday 06 June 2025; And Nlt 1000hrs 6/9. 3.1.2 – Ta 13a Cactif/panther Dz Description Of Services: 15 Portable Toilets, 5 Handwash Stations And 2 Wastewater Holding Tanks. Delivered And Emplaced Nlt 1500 30 May 2025 Removed 11 June 2025. Services To Be Conducted Nlt 1000hrs On 6/2, 6/4; No Earlier Than 1400hrs On Friday 06 June 2025; And Nlt 1000hrs 6/9. 3.1.3 – Ta18a Faarp/5 Pads Description Of Services: 4 Portable Toilets And 2 Handwash Stations Delivered And Emplaced Nlt 1600 30 May 2025 Removed 11 June 2025. Services To Be Conducted Nlt 1000hrs On 6/2, 6/4; No Earlier Than 1400hrs On Friday 06 June 2025; And Nlt 1000hrs 6/9. 3.1.4 – Range 48 Description Of Services: 4 Portable Toilets And 2 Handwash Stations Delivered And Emplaced Nlt 1600 30 May 2025 Removed 11 June 2025. Services To Be Conducted Nlt 1000hrs On 6/2, 6/4; No Earlier Than 1400hrs On Friday 06 June 2025; And Nlt 1000hrs 6/9. 3.1.5 – Chute Dz Description Of Services: 2 Portable Toilets And 1 Handwash Stations Delivered And Emplaced Nlt 1600 30 May 2025 Removed 11 June 2025. Services To Be Conducted Nlt 1000hrs On 6/2, 6/4; No Earlier Than 1400hrs On Friday 06 June 2025; And Nlt 1000hrs 6/9. 3.2 Services Will Include: a. Complete Removal Of All Gray Water And Seepage From Portable Toilets, Hand Wash Stations, Gray Water Tanks. b. Full Cleaning Of The Inside And Outside Of Portable Toilets. c. All Seats, Doors, Walls, Handles, And Floors Shall Be Cleaned And Sanitized. d. Recharge Waste Tank With Enough Chemicals To Ensure An Odorless Unit. The Contractor Shall Take Extreme Care To Prevent Any Spillage Of The Waste Tank Contents. In The Event Spillage Does Occur, The Contractor Shall Thoroughly Clean The Entire Area Contaminated By The Spill, In Accordance With All Applicable Federal, State, And Local Laws, Ordinances And Regulations. e. Replenish Fresh Water In Hand Wash Stations. f. Restock Toilet Tissue, Toilet Seat Covers, Hand Soap And Paper Towels. 4.contractor Furnished Items: 4.1 General: The Contractor Shall Provide All Equipment, Supplies, Tools, Materials, Repair Parts, Labor, Transportation, And Management Oversight To Perform The Requirements Under This Contract. 4.2 Vehicles: Contractor Vehicles Shall Be Registered, In Accordance With All Current Applicable Federal, State, And Local Laws, Ordinances And Regulations. All Vehicle Operators Shall Possess Valid State Driver Licenses To Be Allowed To Access Ft Drum Training Areas. 4.3 Portable Toilet Specifications: Each Portable Toilet Shall Be Completely Enclosed With Screened Ventilation Window For Release Of Odors And To Prevent Entry Of Insects. Material Used For Construction Of The Toilets Shall Be Heavy Gauge Galvanized Metal, Plastic, Or Fiberglass And Be Impervious To Moisture Or Treated With An Effective Sealer. Collapsible Toilets Are Not Acceptable. Portable Toilet Tank Capacity Shall Be Standard Or Greater. 4.4 Container Tanks Shall Be Watertight Without Side Vents Secured To The Tanks. Toilets Shall Be Free Of Any Holes In The Walls Or Doors, Have No Chemical Leaks, And All Doors, Hinges, And Latches Shall Operate As Intended. The Doors Shall Be Able To Close And Have An Inside Operational Lock And Outside Handle. Each Portable Toilet Shall Be Equipped With Wall-mounted Toilet Tissue Holder. Urinals Shall Be Securely Fastened To The Tank Or Structure. Toilets Shall Have Sufficient Rolls Of Toilet Tissue To Last Until The Next Scheduled Servicing. Urinal Drains Shall Have Adequate Drain Flow And/or Gravity Feed To The Holding Tank To Prevent Overflow From The Urinal Fixture. 4.5 Hand Wash Station Specifications: All Hand Wash Stations Shall Be Of Standard Gallon Size Or Larger With A Separate Fresh Water And Gray Water Capacity. Hand Wash Stations Shall Have At Least One Liquid Soap Dispensers And A Paper Towel Dispenser. Paper Towel Supply And Soap Dispensers Shall Be Sufficient To Last Until The Next Scheduled Servicing. 4.6 Gray Water Tanks Should Hold A Minimum Of 250 Gallons And Be Free From Holes And Leaks. 4.7 Liquid Waste Hauling Vehicles/equipment: The Contractor Must Have The Ability To Provide Liquid Waste Hauling Vehicles/equipment Resources To Successfully Support Contract Performance. The Contractor Shall Have Equipment Capable Of Moving Toilets, Hand Wash Stations And Gray Water Tanks To Support All Locations. 5. Qualification Requirements. a. Equipment Provided And Services Conducted Must Be Professional And Environmentally Responsible. b. All Work Must Be Performed Under Sanitary Conditions. c. The Contract Facility Must Be Open For Inspection Of Conditions At Any Time By A Representative Of The Ctarng, And The Ctarng Reserves The Right To Perform Or Cause To Have Performed Any Test Necessary To Determine The Sanitary Condition Of The Articles Delivered By The Contractor. d. The Contractor Must Provide Their Own Vehicle(s) And Shall Be Registered, In Accordance With All Current Applicable Federal, State, And Local Laws, Ordinances And Regulations. All Vehicle Operators Shall Possess Valid State Driver Licenses, And The Contractor Must Follow All Ft Drum Security Policies When Operating On Post. e. Contractor Personnel Must Adhere To Standards Of Conduct As Established By The Installation Commander And Adhere To All Current Installation Security Policies. f. At No Time Will Contractor Personnel Purchase Any Items From The Local Economy For Any Ctarng Personnel. g. The Contractor Must Be Responsible For Safeguarding All Government Property (e.g. Uniforms, Equipment) Provided For Contracted Purposes. At The Close Of Each Work Period, Government Facilities, Property And Materials Must Be Secured. H. The Ctarng Must Not Provide Any Equipment, Fuel, Personnel, Utilities Or Facilities To The Contractor For The Execution Of This Contract. I. Satisfaction Guarantee: If The Ctarng Is Not Satisfied With The Cleanliness Of The Facilities Or The Service Provided, The Contractor Must Provide The Same Service(s) Again At No Charge. the Following Provisions Are Included In This Acquisition: Far 52.204-16, Commercial And Government Entity Code Reporting; Far 52.204-24, Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (aug 2020); Far 52.204-26, Covered Telecommunications Equipment Or Services-representation; Far 52.211-6, Brand Name Or Equal; Far 52.212-1, Instructions To Offerors-commercial Items; Far 52.212-2, Evaluation—commercial Items; Far 52.212-3 Alt I, Offerors Representations And Certifications (oct 2010); Far 52.217-5, Evaluation Of Options; Far 52.222-48, Exemption From Application Of The Service Contract Labor Standards To Contracts For Maintenance, Calibration, Or Repair Of Certain Equipment---certification; Far 52.222-52, Exception From Application Of The Service Contract Labor Standards To Contracts For Certain Services---certification; Far 52.237-1, Site Visit; Dfars 252.203-7005, Representation Relating To Compensation Of Former Dod Officials; Dfars 252.203-7998 (dev), Prohibition On Contracting With Entities That Require Certain Internal Confidentiality Agreements---representation (deviation); Dfars 252.204-7008, Compliance With Safeguarding Covered Defense Information Controls; Dfars 252.204-7012, Safeguarding Covered Defense Information And Cyber Incident Reporting; Dfars 252.209-7992 (dev), Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law---fiscal Year 2015 Appropriations (deviation); Dfars 252.225-7000, Buy American-balance Of Payments Program Certificate; Dfars 252.225-7031, Secondary Arab Boycott Of Israel; Dfars 252.225-7035, Buy American---free Trade Agreements---balance Of Payments Program Certificate; Dfars 252.225-7035 Alt I, Buy American---free Trade Agreements---balance Of Payments Program Certificate (alternate I); Dfars 252.225-7035 Alt Iv, Buy American---free Trade Agreements---balance Of Payments Program Certificate (alternate Iv); Dfars 252.225-7049, Prohibition On Acquisition Of Commercial Satellite Services From Certain Foreign Entities---representations : 252.239-7098, Prohibition On Contracting To Maintain Or Establish A Computer Network Unless Such Network Is Designed To Block Access To Certain Websites—representation (deviation 2021-o0003) (april 2021),the Following Clauses Apply To This Acquisition: Far 52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards; Far 52.204-18, Commercial Government Entity Code Maintenance; Far 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment; Far 52.209-10, Prohibition On Contracting With Inverted Domestic Corporations; Far 52.212-4, Contract Terms And Conditions—commercial Items; Far 52.212-5, Contract Terms And Condition Required To Implement Statutes Or Executive Orders Commercial Items (deviation); Far 52.212-5 Alt Ii, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--- Commercial Items (deviation 2013-o0019) (apr 2015) Alternate Ii (apr 2015); Far 52.219-6, Notice Of Small Business Set – Aside; Far 52.219.28, Post Award Small Business Program Representation: Far 52.222-3, Convict Labor; Far 52.222-19, Child Labor---cooperation With Authorities And Remedies; Far 52.222-21, Prohibition Of Segregated Facilities; Far 52.222-26, Equal Opportunity; Far 52.222-36, Equal Opportunity For Workers With Disabilities; Far 52.222-41, Service Contract Act Of 1965, (wage Determination No. 1996-0239, Revision No. 25, Date Of Last Revision 02/03/2011); Far 52.222-42, Statement Of Equivalent Rates For Federal Hires; Far 52.222-50, Combating Trafficking In Persons; Far 52.223-5, Pollution Prevention And Right To Know Information; Far 52.223-18, Encouraging Policy To Ban Text Messaging While Driving; Far 52.225-13, Restrictions On Certain Foreign Purchases; Far 52.232-18, Availability Of Funds; Far 52.232-33, Payment By Electronic Contractor Registration; Far 52.232-39, Unenforceability Of Unauthorized Obligations; Far 52.232-40, Providing Accelerated Payments To Small Business Subcontractors; Far 52.233-3, Protest After Award; Far 52.233-4, Applicable Law For Breach Of Contract Claim; Far 52.237-2, Protection Of Government Buildings, Equipment And Vegetation, Far 52.252-2; Dfars 252.201-7000, Contracting Officer’s Representative; Dfars; 252.203-7000, Requirements Relating To Compensation Of Former Dod Officials; Dfars 252.203-7002, Requirement To Inform Employees Of Whistleblower Rights; Dfars 252.203-7999 (dev), Prohibition On Contracting With Entities That Require Certain Internal Confidentiality Agreements (deviation); Dfars 252.204-7009, Limitations On The Use Or Disclosure Of Third-party Contractor Information; Dfars 252.204-7011, Alternative Line Item Structure; Dfars 252.204-7012 Safeguarding Of Unclassified Controlled Technical Information: Dfars 252.204-7015, Disclosure Of Information To Litigation Support Contractors; Dfars 252.211-7003, Item Unique Identification And Valuation; Dfars 252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials; Dfars 252.223-7008, Prohibition Of Hexavalent Chromium; Dfars 252.225-7001, Buy American And Balance Of Payments Program; Dfars 252.225-7048, Export-controlled Items; Dfars 252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports; Dfars 252.232-7006, Wide Area Workflow Payment Instructions; Dfars 252.232-7010, Levies On Contract Payments; Dfars 252.237-7010, Prohibition On Interrogation Of Detainees By Contractor Personnel; Dfars 252.244-7000, Subcontracts For Commercial Items; Dfars 252.247-7023 Alt Iii , Transportation Of Supplies By Sea; Provisions And Clauses For This Synopsis/solicitation Can Be Found At Https://www.acquisition.gov. (end Of Clause)

Details: Description Republic Of The Philippines Province Of Sorsogon Municipality Of Irosin Bids & Awards Committee Invitation To Bid For Supply & Delivery Of Hardware/materials For The Repair And Maintenance Of Various Municipal Buildings And Other Structures 1. The Local Government Unit Of Irosin, Through The General Fund Intends To Apply The Sum Of One Million Seven Hundred Thirty Eight Thousand Two Hundred Five Pesos (p 1,738,205.00) Being The Approved Budget For The Contract (abc) To Payments Under The Contract For The Supply & Delivery Of Hardware/materials For The Repair And Maintenance Of Various Municipal Buildings And Other Structures, Good-05-2025. Bids Received In Excess Of The Abc Shall Be Automatically Rejected At Bid Opening. Name Of Contract : Supply & Delivery Of Hardware/materials For The Repair And Maintenance Of Various Municipal Buildings And Other Structures Brief Description: 190 Bags Portland Cement/15 Cu.m. Washed Sand/10 Cu.m. Gravel (pea-size)/ 700 Pcs. 4''thk. Chb/ 125 Pcs. 0.30m X 0.60m Wall Tiles/150 Pcs. 0.30m X 0.30m Wall Tiles/3 Kgs. Tile Grout/ 20 Pcs. 16mm X 6.00 Rsb/38 Pcs. 12mm X 6.00 Rsb/112 Pcs. 10mm X 6.00 Rsb/32 Pcs #16 Tie Wires/6 Pcs. 1/2''thk. Penolic Board/188 Pcs. 1/4''thk. Marine Plywood/520 Pcs. 2''x 2''x 10' Good Lumber/950 Bd.ft. Coco Lumber/67 Kgs. Assorted Cw Nail/23 Pcs. Hacksaw Blade/15 Pcs. Ga. 26 Corrugated G.i. Sheet/930 L.m. Ga# 26 Pre-painted Corr. G.i. Sheet/24 Pcs. Pre-painted Gutter/ 12 Pcs. Pre-painted Flashing/6 Box Self-drilling Screw/4 Ltr. Vulcaseal/5 Pcs. Plain G.i Gutter/5 Pcs. Plain G.i Flashing/5 Kgs. Umbrella Nail/15 Pcs. 1-1/2''diam G.i. Pipe Sched 40/15 Pcs. 1''x 5mm Angle Bar/10 Pcs. 1''x 5mm Flat Bar/ 10 Pcs. 16mm Square Bar/25 Pcs. Steel Matting/12 Pcs.16mm Cylindrical Hinges/12 Pcs. 20mm Cylindrical Hinges/15 Pcs. 4'' Cutting Disc/10 Pcs. 4'' Grinding Disc/15 Kgs. Welding Rod/20 Pcs. 4''diam. Pvc Pipe S-1000/40 Pcs. 4''diam. Pvc Elbow/1 Can Pvc Sealant (500ml)/ 6 Gal. Epoxy Primer Paint/4 Pail Latex Paint/20 Gal. Latex Paint/4 Pail Qde Paint/4 Gal. Qde Paint/6 Gal. Roof Paint/11 Ltr. Assorted Tinting Colors/4 Gal. Lacquer Thinner/7 Gal. Paint Thinner/25 Set 7'' Roller Brush W/ Pan/20 Set 4'' Roller Brush W/ Pan/15 Pcs. 2'' Paint Brush/10 Pcs. Steel Brush/3 Pcs. Spatula/4 Units 55w Solar Streetlights W/ Tampered Lamp Post With Single Bracket Arm Height 6 Meters, Top Diameter 3" Bottom Diameter 6", Arm Length-1 Meter Arm Diameter-2", Pole Thickness-3mm Base Plate- 300x300x16mm With Standard Stiffener Anchor Bolt-5/8x 12" Finish- Hot Dip Galvanized/6 Pairs 3''x 3'' Hinges/1 Set 0.90m X 2.10m Flash Type Door/1 Set 0.85m X 2.10m Flash Type Door/6 Set 0.60m X 0.90m Sliding Window In Alum. Frame/6 Set Door Knob/5 Set Lavatory Faucet/10 Pcs. 1/2'' Male Plug/10 Pcs. End Cap/10 Pcs. Pvc Faucet/2 Box 2.0mm Thhn Wire/12 Set Downlight/12 Set Spotlight/1 Lot Consumable/6 Pcs. 24''x 60'' Brass Marker Approved Budget For The Contract : P 1,738,205.00 Contract Duration : 30 Calendar Days Delivery Period : 7 Calendar Days After The Issuance Of Notice To Proceed Source Of Fund : General Fund 2. The Local Government Unit Of Irosin Now Invites Bids For The Above Procurement Project. Delivery Of The Goods Is Required By Seven(7) Calendar Days. Bidders Should Have Completed For The Last Two(2) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project. The Description Of An Eligible Bidder Is Contained In The Bidding Documents, Particularly, In Section Ii. Instruction To Bidders. 3. Bidding Will Be Conducted Through Open Competitive Bidding Procedures Using Non-discretionary “pass/fail” Criterion As Specified In The 2016 Implementing Rules And Regulations (irr) Of Republic Act 9184 (ra 9184). Bidding Is Restricted To Filipino Citizens/sole Proprietorships, Partnerships, Or Organizations With At Least Sixty Percent(60%) Interest Or Outstanding Capital Stock Belonging To Citizens Of The Philippines, And To Citizens Or Organizations Of A Country The Laws Or Regulations Of Which Grant Similar Rights Or Privileges To Filipino Citizens, Pursuant To Ra No. 5183. 4. Prospective Bidders May Obtain Further Information From Local Government Unit Of Irosin And Inspect The Bidding Documents At The Address Given Below From 8:00 Am-5:00 Pm. 5. A Complete Set Of Bidding Documents May Be Acquired By Interested Bidders On January 29, 2025 Until February 19, 2025 From The Given Address And Philgeps Website And Lgu-irosin Website And Upon Payment Of The Applicable Fee For The Bidding Documents, Pursuant To The Latest Guidelines Issued By The Gppb, In The Amount Of Five Thousand Pesos (p 5,000.00). The Procuring Entity Shall Allow The Bidder To Present Its Proof Of Payment For The Fees By Presenting In Person The Official Receipt Of Bid Documents To The Bac Office. 6. The Local Government Unit Of Irosin Will Hold A Pre-bid Conference On February 6, 2025,9:00am At The Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. 7. Bids Must Be Duly Received By The Bac Secretariat Through Manual Submission At The Office Address As Indicated Below On Or Before February 19, 2025, 8:59 Am At Bac Office, Municipal Compound, San Julian, Irosin, Sorsogon. Late Bids Shall Not Be Accepted. 8. All Bids Must Be Accompanied By A Bid Security In Any Of The Acceptable Forms And In The Amount Stated In Itb Clause 16. 9. Bid Opening Shall Be On February 19, 2025, 9:00 Am At The Given Address Below At The Conference Room, Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. Bids Will Be Opened In The Presence Of The Bidders’ Representatives Who Choose To Attend At The Address Below. 10. The Local Government Unit Of Irosin Reserves The Right To Accept Any And All Bids, Declare A Failure Of Bidding Or Not Award A Contract At Any Time Prior To Contract Award In Accordance With Section 35.6 And 41 Of The 2016 Revised Implementing Rules And Regulations(irr) Of Ra No. 9184, Without Thereby Incurring Any Liability To The Affected Bidder Or Bidders. 11.for Further Information, Please Refer To: Benjamin M. Gabionza,ce Mun. Engineer/mdrrmo Municipal Compound, San Julian, Irosin, Sorsogon Url: Www.irosin.gov.ph 12. You May Visit The Following Websites: For Downloading Of Bidding Documents: Philgeps Website And Www.irosin.gov.ph Date Of Publication: January 29, 2025 _____________________ Noel D. Mercado Ii Bac Chairman Instruction To Bidders 1. Scope Of Bid The Procuring Entity, Local Government Unit Of Irosin Invites Bids For The Supply & Delivery Of Hardware/materials For The Repair And Maintenance Of Various Municipal Buildings And Other Structures With Project Identification Number Good-05-2025. [note: The Project Identification Number Is Assigned By The Procuring Entity Based On Its Own Coding Scheme And Is Not The Same As The Philgeps Reference Number, Which Is Generated After The Posting Of The Bid Opportunity On The Philgeps Website. The Procurement Project (referred To Herein As “project”) Is Composed Of 1 Lot Hardware/materials, The Details Of Which Are Described In Section Vii (technical Specifications). 2. Funding Information 2.1. The Gop Through The Source Of Funding As Indicated Below For General Fund In The Amount Of One Million Seven Hundred Thirty Eight Thousand Two Hundred Five Pesos (p 1,738,205.00). 2.2. The Source Of Funding Is: General Fund 3. Bidding Requirements The Bidding For The Project Shall Be Governed By All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including Its Generic Procurement Manual And Associated Policies, Rules And Regulations As The Primary Source Thereof, While The Herein Clauses Shall Serve As The Secondary Source Thereof. Any Amendments Made To The Irr And Other Gppb Issuances Shall Be Applicable Only To The Ongoing Posting, Advertisement, Or Invitation To Bid By The Bac Through The Issuance Of A Supplemental Or Bid Bulletin. The Bidder, By The Act Of Submitting Its Bid, Shall Be Deemed To Have Inspected The Site, Determined The General Requirements Of This Project, Including Other Factors That May Affect The Cost, Duration And Execution Or Implementation Of The Contract, Project, Or Work And Examine All Instructions, Forms, Terms, And Project Requirements In The Bidding Documents. 4. Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices The Procuring Entity, As Well As The Bidders And Suppliers, Shall Observe The Highest Standard Of Ethics During The Procurement And Execution Of The Contract. They Or Through An Agent Shall Not Engage In Corrupt, Fraudulent, Collusive, Coercive, And Obstructive Practices Defined Under Annex “i” Of The 2016 Revised Irr Of Ra No. 9184 Or Other Integrity Violations In Competing For The Project. 5. Eligible Bidders 5.1. Only Bids Of Bidders Found To Be Legally, Technically, And Financially Capable Will Be Evaluated. 5.2. A.foreign Ownership Exceeding Those Allowed Under The Rules May Participate Pursuant To: Iii. When The Goods Sought To Be Procured Are Not Available From Local Suppliers; Or B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No. 9184, The Bidder Shall Have An Slcc That Is At Least One(1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must At Least Equivalent To: A. For The Procurement Of Non- Expandable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.2 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2 Subcontracting Is Not Allowed During The Bidding. 7.3 Subcontracting Is Not Allowed During The Contract Implementation Stage. 7.4 Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Contractor’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 8. Pre-bid Conference The Procuring Entity Will Hold A Pre-bid Conference On February 6, 2025, 9:00am At The Office Of The Mayor, Municipal Compound, San Julian, Irosin, Sorsogon. 9. Clarification And Amendment Of Bidding Documents Prospective Bidders May Request For Clarification On And/or Interpretation Of Any Part Of The Bidding Documents. Such Requests Must Be In Writing And Received By The Procuring Entity, Either At Its Given Address Or Through Electronic Mail Indicated In The Ib, At Least Ten (10) Calendar Days Before The Deadline Set For The Submission And Receipt Of Bids. 10. Documents Comprising The Bid: Eligibility And Technical Components 10.1. The First Envelope Shall Contain The Eligibility And Technical Documents Of The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 10.2. The Bidder’s Slcc As Indicted In Itb Clause 5.3 Should Have Completed Within The Last Two(2) Years Prior To The Deadline For The Submission And Receipt Of Bids. 10.3. If The Eligibility Requirements Or Statements, The Bids, And All Other Documents For Submission To The Bac Are In Foreign Language Other Than English, It Must Be Accompanied By A Translation In English, Which Shall Be Authenticated By The Appropriate Philippine Foreign Service Establishment, Post, Or The Equivalent Office Having Jurisdiction Over The Foreign Bidder’s Affairs In The Philippines. Similar To The Required Authentication Above, For Contracting Parties To The Apostile Convention, Only The Translated Documents Shall Be Authenticated Through The Apostille Pursuant To Gppb Resolution No. 13-2019 Dated 23 May 2019. The English Translation Shall Govern, For Purposes Of Interpretation Of The Bid. 11. Documents Comprising The Bid: Financial Component 11.1. The Second Bid Envelope Shall Contain The Financial Documents For The Bid As Specified In Section Viii( Checklist Of Technical And Financial Documents). 11.2. If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity, A Certification From Dti Shall Be Provided By The Bidder In Accordance With Section 43.1.3 Of The 2016 Revised Irr Of Ra No. 9184. 11.3. Any Bid Exceeding The Abc Indicated In Paragraph 1 Of The Ib Shall Not Be Accepted. 11.4. For Foreign-funded Procurement, A Ceiling May Be Applied To Bid Prices Provided The Conditions Are Met Under Section 31.2 Of The 2016 Revised Irr Of Ra No. 3184. 12. Bid Prices 12.1 Prices Indicated On The Price Schedule Shall Be Entered Separately In The Following Manner: A.for Goods Offered From Within The Procuring Entity’s Country: I. The Price Of The Goods Quoted Exw(ex-works,ex-factory,ex-warehouse,ex-showroom, Or Off The Shelf, As Applicable); Ii. The Cost Of All Custom Duties And Sales And Other Taxes Already Paid Or Payable; Iii. The Cost Of Transportation, Insurance, And Other Costs Incidental To Delivery Of The Goods To Their Final Destination; And Iv. The Price Of Other(incidental) Services, If Any, Listed In The Bds. 13. Bid And Payment Currencies 14.1. For Goods That The Bidder Will Supply From Outside The Philippines, The Bid Prices May Be Quoted In The Local Currency Or Tradeable Currency Adopted By The Bsp At The Discretion Of The Bidder. However, For Purposes Of Bid Evaluation, Bids Denominated In Foreigh Currencies, Shall Be Converted To Philippine Currency Based On The Exchange Rate As Published In The Bsp Reference Rate Bulletin On The Day Of The Bid Opening. 14.2. Payment Of The Contract Price Shall Be Made In: Philippine Pesos 14. Bid Security 15.1. The Bidder Shall Submit A Bid Securing Declaration Or Any Form Of Bid Security In The Amount Indicated In The Bds, Which Shall Be Not Less Than The Percentage Of The Abc In Accordance With The Schedule In The Bds. 15.2. The Bid And Bid Security Shall Be Valid Until One Hundred Twenty(120) Calendar Days. Any Bid Not Accompanied By An Acceptable Bid Security Shall Be Rejected By The Procuring Entity As Non-responsive. 15. Sealing And Marking Of Bids Each Bidder Shall Submit One Copy Of The First And Second Components Of Its Bid. The Procuring Entity May Request Additional Hard Copies And/or Electronic Copies Of The Bid. However, Failure Of The Bidders To Comply With The Said Request Shall Not Be A Ground For Disqualification. If The Procuring Entity Allows The Submission Of Bids Through Online Submission To The Given Website Or Any Other Electronic Means, The Bidder Shall Submit An Electronic Copy Of Its Bid, Which Must Be Digitally Signed. An Electronic Copy That Cannot Be Opened Or Is Corrupted Shall Be Considered Non-responsive And, Thus, Automatically Disqualified. 16. Deadline For Submission Of Bids The Bidders Shall Submit On The Specified Date And Time And Either At Its Physical Address Or Through Online Submission As Indicated In Paragraph 7 Of The Ib. 17. Opening And Preliminary Examination Of Bids 18.1. The Bac Shall Open The Bids In Public At The Time, On The Date, And At The Place Specified In Paragraph 9 Of The Ib. The Bidders’ Representatives Who Are Present Shall Sign A Register Evidencing Their Attendance. In Case Videoconferencing, Webcasting Or Other Similar Technologies Will Be Used, Attendance Of Participants Shall Likewise Be Recorded By The Bac Secretariat. In Case The Bids Cannot Be Opened As Scheduled Due To Justifiable Reasons, The Rescheduling Requirements Under Section 29 Of The 2016 Revised Irr Of Ra No. 9184 Shall Prevail. 18.2. The Preliminary Examination Of Bids Shall Be Governed By Section 30 Of The 2016 Revised Irr Of Ra No. 9184. 18. Domestic Preference 18.1 The Procuring Entity Will Grant A Margin Of Preference For The Purpose Of Comparison Of Bids In Accordance With Section 43.1.2 Of The 2016 Revised Irr Of Ra No. 9184. 19. Detailed Evaluation And Comparison Of Bids 19.1. The Procuring Entity’s Bac Shall Immediately Conduct A Detailed Evaluation Of All Bids Rated “passed” Using Non-discretionary Pass/fail Criteria. The Bac Shall Consider The Conditions In The Evaluation Of Bids Under Section 32.2 Of 2016 Revised Irr Of Ra No. 9184. 19.2. If The Project Allows Partial Bids, Bidders May Submit A Proposal On Any Of The Lots Or Items And Evaluation Will Be Undertaken On A Per Lot Or Item Basis, As The Case Maybe. In This Case, The Bid Security As Required By Itb Clause 14 Shall Be Submitted For Each Lot Or Item Separately. 19.3. The Descriptions Of The Lots Or Items Shall Be Indicated In Section Vii(technical Specifications), Although The Abcs Of These Lots Or Items Are Indicated In The Bds For Purposes Of The Nfcc Computation Pursuant To Section 23.4.2.6 Of The 2016 Revised Irr Of Ra No. 9184. The Nfcc Must Be Sufficient For The Total Of The Abcs For All The Lots Or Items Participated In By The Prospective Bidder. 19.4. The Project Shall Be Awarded As Follows: Option 1- One Project Having Several Items That Shall Be Awarded As One Contract. 20. Post Qualification Within A Non-extendible Period Of Five (5) Calendar Days From Receipt By The Bidder Of The Notice From The Bac That It Submitted The Lowest Calculated Bid, The Bidder Shall Submit Its Latest Income And Business Tax Returns Filed And Paid Through The Bir Electronic Filing And Payment System (efps), And Other Appropriate Licenses And Permits Required By Law And Stated In The Bds. 21. Signing Of The Contract The Documents Required In Section 37.2 Of The 2016 Revised Irr Of Ra No. 9184 Shall Form Part Of The Contract. Additional Contract Documents Are Indicated In The Bds. Bid Data Sheet Itb Clause 5.3 For This Purpose, Contracts Similar To The Project Shall Be: A. Supply & Delivery Of Hardware/materials For The Repair And Maintenance Of Various Municipal Buildings And Other Structures Brief Description: 190 Bags Portland Cement/15 Cu.m. Washed Sand/10 Cu.m. Gravel (pea-size)/ 700 Pcs. 4''thk. Chb/ 125 Pcs. 0.30m X 0.60m Wall Tiles/150 Pcs. 0.30m X 0.30m Wall Tiles/3 Kgs. Tile Grout/ 20 Pcs. 16mm X 6.00 Rsb/38 Pcs. 12mm X 6.00 Rsb/112 Pcs. 10mm X 6.00 Rsb/32 Pcs #16 Tie Wires/6 Pcs. 1/2''thk. Penolic Board/188 Pcs. 1/4''thk. Marine Plywood/520 Pcs. 2''x 2''x 10' Good Lumber/950 Bd.ft. Coco Lumber/67 Kgs. Assorted Cw Nail/23 Pcs. Hacksaw Blade/15 Pcs. Ga. 26 Corrugated G.i. Sheet/930 L.m. Ga# 26 Pre-painted Corr. G.i. Sheet/24 Pcs. Pre-painted Gutter/12 Pcs. Pre-painted Flashing/6 Box Self-drilling Screw/4 Ltr. Vulcaseal/5 Pcs. Plain G.i Gutter/5 Pcs. Plain G.i Flashing/5 Kgs. Umbrella Nail/15 Pcs. 1-1/2''diam G.i. Pipe Sched 40/15 Pcs. 1''x 5mm Angle Bar/10 Pcs. 1''x 5mm Flat Bar/ 10 Pcs. 16mm Square Bar/25 Pcs. Steel Matting/12 Pcs.16mm Cylindrical Hinges/12 Pcs. 20mm Cylindrical Hinges/15 Pcs. 4'' Cutting Disc/10 Pcs. 4'' Grinding Disc/15 Kgs. Welding Rod/20 Pcs. 4''diam. Pvc Pipe S-1000/40 Pcs. 4''diam. Pvc Elbow/1 Can Pvc Sealant (500ml)/ 6 Gal. Epoxy Primer Paint/4 Pail Latex Paint/20 Gal. Latex Paint/4 Pail Qde Paint/4 Gal. Qde Paint/6 Gal. Roof Paint/11 Ltr. Assorted Tinting Colors/4 Gal. Lacquer Thinner/7 Gal. Paint Thinner/25 Set 7'' Roller Brush W/ Pan/20 Set 4'' Roller Brush W/ Pan/15 Pcs. 2'' Paint Brush/10 Pcs. Steel Brush/3 Pcs. Spatula/4 Units 55w Solar Streetlights W/ Tampered Lamp Post With Single Bracket Arm Height 6 Meters, Top Diameter 3" Bottom Diameter 6", Arm Length-1 Meter Arm Diameter-2", Pole Thickness-3mm Base Plate- 300x300x16mm With Standard Stiffener Anchor Bolt-5/8x 12" Finish- Hot Dip Galvanized/6 Pairs 3''x 3'' Hinges/1 Set 0.90m X 2.10m Flash Type Door/1 Set 0.85m X 2.10m Flash Type Door/6 Set 0.60m X 0.90m Sliding Window In Alum. Frame/6 Set Door Knob/5 Set Lavatory Faucet/10 Pcs. 1/2'' Male Plug/10 Pcs. End Cap/10 Pcs. Pvc Faucet/2 Box 2.0mm Thhn Wire/12 Set Downlight/12 Set Spotlight/1 Lot Consumable/6 Pcs. 24''x 60'' Brass Marker B. Completed Within The Last Two(2) Years From The Date Of The Submission Of Bids 7.1 Not Applicable Since Sub-contracting Is Not Allowed. 12 The Price Of Goods Shall Be Quoted Ddp Lgu-irosin, Irosin, Sorsogon. 14.1 The Bid Security Shall Be In The Form Of A Bid Securing Declaration Or Any Of The Following Forms And Amounts: A. [two Percent (2%) Of Abc], If Bid Security Is In Cash, Cashier’s/manager’s Check, Bank Draft/guarantee Or Irrevocable Letter Of Credit; B. [five Percent (5%) Of Abc] If Bid Security Is In Surety Bond. 19.3 Hardware/materials 190 Bags Portland Cement/15 Cu.m. Washed Sand/10 Cu.m. Gravel (pea-size)/ 700 Pcs. 4''thk. Chb/ 125 Pcs. 0.30m X 0.60m Wall Tiles/150 Pcs. 0.30m X 0.30m Wall Tiles/3 Kgs. Tile Grout/ 20 Pcs. 16mm X 6.00 Rsb/38 Pcs. 12mm X 6.00 Rsb/112 Pcs. 10mm X 6.00 Rsb/32 Pcs #16 Tie Wires/6 Pcs. 1/2''thk. Penolic Board/188 Pcs. 1/4''thk. Marine Plywood/520 Pcs. 2''x 2''x 10' Good Lumber/950 Bd.ft. Coco Lumber/67 Kgs. Assorted Cw Nail/23 Pcs. Hacksaw Blade/15 Pcs. Ga. 26 Corrugated G.i. Sheet/930 L.m. Ga# 26 Pre-painted Corr. G.i. Sheet/24 Pcs. Pre-painted Gutter/ 12 Pcs. Pre-painted Flashing/6 Box Self-drilling Screw/4 Ltr. Vulcaseal/5 Pcs. Plain G.i Gutter/5 Pcs. Plain G.i Flashing/5 Kgs. Umbrella Nail/15 Pcs. 1-1/2''diam G.i. Pipe Sched 40/15 Pcs. 1''x 5mm Angle Bar/10 Pcs. 1''x 5mm Flat Bar/ 10 Pcs. 16mm Square Bar/25 Pcs. Steel Matting/12 Pcs.16mm Cylindrical Hinges/12 Pcs. 20mm Cylindrical Hinges/15 Pcs. 4'' Cutting Disc/10 Pcs. 4'' Grinding Disc/15 Kgs. Welding Rod/20 Pcs. 4''diam. Pvc Pipe S-1000/40 Pcs. 4''diam. Pvc Elbow/1 Can Pvc Sealant (500ml)/ 6 Gal. Epoxy Primer Paint/4 Pail Latex Paint/20 Gal. Latex Paint/4 Pail Qde Paint/4 Gal. Qde Paint/6 Gal. Roof Paint/11 Ltr. Assorted Tinting Colors/4 Gal. Lacquer Thinner/7 Gal. Paint Thinner/25 Set 7'' Roller Brush W/ Pan/20 Set 4'' Roller Brush W/ Pan/15 Pcs. 2'' Paint Brush/10 Pcs. Steel Brush/3 Pcs. Spatula/4 Units 55w Solar Streetlights W/ Tampered Lamp Post With Single Bracket Arm Height 6 Meters, Top Diameter 3" Bottom Diameter 6", Arm Length-1 Meter Arm Diameter-2", Pole Thickness-3mm Base Plate- 300x300x16mm With Standard Stiffener Anchor Bolt-5/8x 12" Finish- Hot Dip Galvanized/6 Pairs 3''x 3'' Hinges/1 Set 0.90m X 2.10m Flash Type Door/1 Set 0.85m X 2.10m Flash Type Door/6 Set 0.60m X 0.90m Sliding Window In Alum. Frame/6 Set Door Knob/5 Set Lavatory Faucet/10 Pcs. 1/2'' Male Plug/10 Pcs. End Cap/10 Pcs. Pvc Faucet/2 Box 2.0mm Thhn Wire/12 Set Downlight/12 Set Spotlight/1 Lot Consumable/6 Pcs. 24''x 60'' Brass Marker 20.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: Bir Registration 21.2 Licenses And Permits Relevant To The Project And The Corresponding Law Requiring It: None General Conditions Of Contract 1. Scope Of Contract This Contract Shall Include All Such Items, Although Not Specifically Mentioned, That Can Be Reasonably Inferred As Being Required For Its Completion As If Such Items Were Expressly Mentioned Herein. All The Provisions Of Ra No. 9184 And Its 2016 Revised Irr, Including The Generic Procurement Manual, And Associated Issuances, Constitute The Primary Source For The Terms And Conditions Of The Contract, And Thus, Applicable In Contract Implementation. Herein Clauses Shall Serve As The Secondary Source For The Terms And Conditions Of The Contract. This Is Without Prejudice To Sections 74.1 And 74.2 Of The 2016 Revised Irr Of Ra No. 9184 Allowing The Gppb To Amend The Irr, Which Shall Be Applied To All Procurement Activities, The Advertisement, Posting, Or Invitation Of Which Were Issued After The Effectivity Of The Said Amendment. Additional Requirements For The Completion Of This Contract Shall Be Provided In The Special Conditions Of Contract(scc). 2. Advance Payment 2.1 Advance Payment Of The Contract Amount Is Provided Under Annex “d” Of The Revised 2016 Irr Of Ra No. 9184. 2.2 The Procuring Entity Is Allowed To Determine The Terms Of The Payment On The Partial Or Staggered Delivery Of The Goods Procured, Provided Such Partial Payment Shall Correspond To The Value Of The Goods Delivered And Accepted In Accordance With Prevailing Accounting And Auditing Rules And Regulations. The Terms Of Payment Are Indicated In The Scc. 3. Performance Security Within Ten (10) Calendar Days From Receipt Of The Notice Of Award By The Bidder From The Procuring Entity But In No Case Later Than The Signing Of The Contract By Both Parties, The Successful Bidder Shall Furnish The Performance Security In Any Of The Forms Prescribed In Section 39 Of The 2016 Revised Irr. 4. Inspection And Tests The Procuring Entity Or Its Representatives Shall Have The Right To Inspect And/or The Test The Goods To Confirm Their Conformity To The Project. In Addition To Tests In The Scc, Section Vii(technical Specifications) Shall Specify What Inspections And/or Tests The Procuring Entity Requires, And Where They Are To Be Conducted. The Procuring Entity Shall Notify The Supplier In Writing, In A Timely Manner, Of The Identify Of Any Representatives Retained For These Purposes. All Reasonable Facilities And Assistance For The Inspection And Testing Of Goods, Including Access To Drawings And Production Data, Shall Be Provided By The Supplier To The Authorized Inspectors At No Charge To The Procuring Entity. 5. Warranty 7.1. In Order To Assure The Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 7.2. The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Special Conditions Of Contract Gcc Clause 1 Delivery And Documents – For Purposes Of The Contract, “exw,” “fob,” “fca,” “cif,” “cip,” “ddp” And Other Trade Terms Used To Describe The Obligations Of The Parties Shall Have The Meanings Assigned To Them By The Current Edition Of Incoterms Published By The International Chamber Of Commerce, Paris. The Delivery Terms Of This Contract Shall Be As Follows: [for Goods Supplied From Within The Philippines] “the Delivery Terms Applicable To This Contract Are Delivered [indicate Place Of Destination]. Risk And Title Will Pass From The Supplier To The Procuring Entity Upon Receipt And Final Acceptance Of The Goods At Their Final Destination.” Delivery Of The Goods Shall Be Made By The Supplier In Accordance With The Terms Specified In Section Vi (schedule Of Requirements). For Purposes Of This Clause The Procuring Entity’s Representative At The Project Site Is Wilson G. Baliwas. Incidental Services – The Supplier Is Required To Provide All Of The Following Services, Including Additional Services, If Any, Specified In Section Vi. Schedule Of Requirements: A. Performance Or Supervision Of On-site Assembly And/or Start-up Of The Supplied Goods; B. Furnishing Of Tools Required For Assembly And/or Maintenance Of The Supplied Goods; C. Furnishing Of A Detailed Operations And Maintenance Manual For Each Appropriate Unit Of The Supplied Goods; D. Performance Or Supervision Or Maintenance And/or Repair Of The Supplied Goods, For A Period Of Time Agreed By The Parties, Provided That This Service Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And E. Training Of The Procuring Entity’s Personnel, At The Supplier’s Plant And/or On-site, In Assembly, Start-up, Operation, Maintenance, And/or Repair Of The Supplied Goods. F. No Additional Incidental Service Requirements. The Contract Price For The Goods Shall Include The Prices Charged By The Supplier For Incidental Services And Shall Not Exceed The Prevailing Rates Charged To Other Parties By The Supplier For Similar Services. Spare Parts – The Supplier Is Required To Provide All Of The Following Materials, Notifications, And Information Pertaining To Spare Parts Manufactured Or Distributed By The Supplier: 1. Such Spare Parts As The Procuring Entity May Elect To Purchase From The Supplier, Provided That This Election Shall Not Relieve The Supplier Of Any Warranty Obligations Under This Contract; And 2. In The Event Of Termination Of Production Of The Spare Parts: I. Advance Notification To The Procuring Entity Of The Pending Termination, In Sufficient Time To Permit The Procuring Entity To Procure Needed Requirements; And Ii. Following Such Termination, Furnishing At No Cost To The Procuring Entity, The Blueprints, Drawings, And Specifications Of The Spare Parts, If Requested. The Spare Parts And Other Components Required Are Listed In Section Vi (schedule Of Requirements) And The Costs Thereof Are Included In The Contract Price. The Supplier Shall Carry Sufficient Inventories To Assure Ex-stock Supply Of Consumable Spare Parts Or Components For The Goods For A Period Of Ninety (90) Calendar Days. Spare Parts Or Components Shall Be Supplied As Promptly As Possible, But In Any Case, Within Ninety (90) Calendar Days Of Placing The Order. Packaging – The Supplier Shall Provide Such Packaging Of The Goods As Is Required To Prevent Their Damage Or Deterioration During Transit To Their Final Destination, As Indicated In This Contract. The Packaging Shall Be Sufficient To Withstand, Without Limitation, Rough Handling During Transit And Exposure To Extreme Temperatures, Salt And Precipitation During Transit, And Open Storage. Packaging Case Size And Weights Shall Take Into Consideration, Where Appropriate, The Remoteness Of The Goods’ Final Destination And The Absence Of Heavy Handling Facilities At All Points In Transit. The Packaging, Marking, And Documentation Within And Outside The Packages Shall Comply Strictly With Such Special Requirements As Shall Be Expressly Provided For In The Contract, Including Additional Requirements, If Any, Specified Below, And In Any Subsequent Instructions Ordered By The Procuring Entity. The Outer Packaging Must Be Clearly Marked On At Least Four (4) Sides As Follows: Name Of The Procuring Entity Name Of The Supplier Contract Description Final Destination Gross Weight Any Special Lifting Instructions Any Special Handling Instructions Any Relevant Hazchem Classifications A Packaging List Identifying The Contents And Quantities Of The Package Is To Be Placed On An Accessible Point Of The Outer Packaging If Practical. If Not Practical The Packaging List Is To Be Placed Inside The Outer Packaging But Outside The Secondary Packaging. Transportation – Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip, Or Ddp, Transport Of The Goods To The Port Of Destination Or Such Other Named Place Of Destination In The Philippines, As Shall Be Specified In This Contract, Shall Be Arranged And Paid For By The Supplier, And The Cost Thereof Shall Be Included In The Contract Price. Where The Supplier Is Required Under This Contract To Transport The Goods To A Specified Place Of Destination Within The Philippines, Defined As The Project Site, Transport To Such Place Of Destination In The Philippines, Including Insurance And Storage, As Shall Be Specified In This Contract, Shall Be Arranged By The Supplier, And Related Costs Shall Be Included In The Contract Price. Where The Supplier Is Required Under Contract To Deliver The Goods Cif, Cip Or Ddp, Goods Are To Be Transported On Carriers Of Philippine Registry. In The Event That No Carrier Of Philippine Registry Is Available, Goods May Be Shipped By A Carrier Which Is Not Of Philippine Registry Provided That The Supplier Obtains And Presents To The Procuring Entity Certification To This Effect From The Nearest Philippine Consulate To The Port Of Dispatch. In The Event That Carriers Of Philippine Registry Are Available But Their Schedule Delays The Supplier In Its Performance Of This Contract The Period From When The Goods Were First Ready For Shipment And The Actual Date Of Shipment The Period Of Delay Will Be Considered Force Majeure. The Procuring Entity Accepts No Liability For The Damage Of Goods During Transit Other Than Those Prescribed By Incoterms For Ddp Deliveries. In The Case Of Goods Supplied From Within The Philippines Or Supplied By Domestic Suppliers Risk And Title Will Not Be Deemed To Have Passed To The Procuring Entity Until Their Receipt And Final Acceptance At The Final Destination. Intellectual Property Rights – The Supplier Shall Indemnify The Procuring Entity Against All Third-party Claims Of Infringement Of Patent, Trademark, Or Industrial Design Rights Arising From Use Of The Goods Or Any Part Thereof. 2.2 Partial Payment Is Not Applicable. 4 The Inspections And Tests That Will Be Conducted Are: Inspection Of The Hardware/materials If It Follows The Technical Specification Set By The End-user Unit. Section Vi. Schedule Of Requirements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Item Number Description Quantity Total Delivered, Weeks/months Remarks Indicate Here Any Other Appropriate Information As May Be Necessary. Signature Over Printed Name Position Department/division Section Vii. Technical Specifications Item Specification Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Technical Specifications Technical Specifications Item / Service Maximum Quantity Technical Specifications / Scope Of Work Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution.] Checklist Of Technical And Financial Documents I. Technical Component Envelope Class “a” Documents Legal Documents ⬜ (a) Valid Philgeps Registration Certificate (platinum Membership) (all Pages) In Accordance With Section 8.5.2 Of The Irr; (b) Registration From Sec, Department Of Trade And Industry(dti) For Sole Proprietorship And Cda For Cooperatives (c) Valid Mayor’s Permit By The City Or Municipality Where The Principal Place Of Business Is Located (d) Tax Clearance Per Eo 398 (e) Tax Clearance For Collection Purposes Technical Documents ⬜ (f) Statement Of The Prospective Bidder Of All Its Ongoing Government And Private Contracts, Including Contracts Awarded But Not Yet Started, If Any, Whether Similar Or Not Similar In Nature And Complexity To The Contract To Be Bid; And ⬜ (c) Statement Of The Bidder’s Single Largest Completed Contract (slcc) Similar To The Contract To Be Bid, Except Under Conditions Provided For In Sections 23.4.1.3 And 23.4.2.4 Of The 2016 Revised Irr Of Ra No. 9184, Within The Relevant Period As Provided In The Bidding Documents; And ⬜ (d) Original Copy Of Bid Security. If In The Form Of A Surety Bond, Submit Also A Certification Issued By The Insurance Commission Or Original Copy Of Notarized Bid Securing Declaration; And ⬜ (e) Conformity With The Technical Specifications, Which May Include Production/delivery Schedule, Manpower Requirements, And/or After-sales/parts, If Applicable; And ⬜ (f) Original Duly Signed Omnibus Sworn Statement (oss) And If Applicable, Original Notarized Secretary’s Certificate In Case Of A Corporation, Partnership, Or Cooperative; Or Original Special Power Of Attorney Of All Members Of The Joint Venture Giving Full Power And Authority To Its Officer To Sign The Oss And Do Acts To Represent The Bidder. Financial Documents ⬜ (g) The Prospective Bidder’s Computation Of Net Financial Contracting Capacity (nfcc) Or A Committed Line Of Credit From A Universal Or Commercial Bank In Lieu Of Its Nfcc Computation. (h) Audited Financial Statement(afs) Audited Financial Statement Stamped, Received By The Bir Or Its Duly Accredited And Authorized Institutions, For The Immediately Preceding Calendar Year, Showing The Total Assets And Liabilities Which Should Not Be Earlier Than Two(2) Years From The Date Of Bid Submission Class “b” Documents ⬜ (i) If Applicable, A Duly Signed Joint Venture Agreement (jva) In Case The Joint Venture Is Already In Existence Or Duly Notarized Statements From All The Potential Joint Venture Partners Stating That They Will Enter Into And Abide By The Provisions Of The Jva In The Instance That The Bid Is Successful. Ii. Financial Component Envelope ⬜ (j) Original Of Duly Signed And Accomplished Financial Bid Form; And ⬜ (k) Original Of Duly Signed And Accomplished Price Schedule(s). Other Documentary Requirements Under Ra No. 9184 (as Applicable) ⬜ (l) [for Foreign Bidders Claiming By Reason Of Their Country’s Extension Of Reciprocal Rights To Filipinos] Certification From The Relevant Government Office Of Their Country Stating That Filipinos Are Allowed To Participate In Government Procurement Activities For The Same Item Or Product. ⬜ (m) Certification From The Dti If The Bidder Claims Preference As A Domestic Bidder Or Domestic Entity.   Omnibus Sworn Statement(revised) Republic Of The Philippines ) City/municipality Of ______ ) S.s. Affidavit I, [name Of Affiant], Of Legal Age, [civil Status], [nationality], And Residing At [address Of Affiant], After Having Been Duly Sworn In Accordance With Law, Do Hereby Depose And State That: 1. Select One, Delete The Other: If A Sole Proprietorship: I Am The Sole Proprietor Or Authorized Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am The Duly Authorized And Designated Representative Of [name Of Bidder] With Office Address At [address Of Bidder]; 2. Select One, Delete The Other: If A Sole Proprietorship: As The Owner And Sole Proprietor Or Authorized Representative Of [name Of Bidder], I Have Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] As Shown In The Attached Duly Notarized Special Power Of Attorney; If A Partnership, Corporation, Cooperative, Or Joint Venture: I Am Granted Full Power And Authority To Do, Execute And Perform Any And All Acts Necessary To Participate, Submit The Bid, And To Sign And Execute The Ensuing Contract For [name Of The Project] Of The [name Of The Procuring Entity], As Shown In The Attached [state Title Of Attached Document Showing Proof Of Authorization (e.g. Duly Notarized Secretary’s Certificate, Board/partnership Resolution Or Special Power Of Attorney, Whichever Is Applicable]; 3. [name Of Bidder] Is Not “blacklisted” Or Barred From Bidding By The Government Of The Philippines Or Any Of Its Agencies, Offices, Corporations, Or Local Government Units, Foreign Government/foreign Or International Financing Institution Whose Blacklisting Rules Have Been Recognized By The Government Procurement Policy Board, By Itself Or By Relation, Membership, Association, Affiliation Or Controlling Interest With Another Blacklisted Person Or Entity As Defined And Provided For And In The Uniform Guidelines On Blacklisting; 4. Each Of The Documents Submitted In Satisfaction Of The Bidding Requirements Is An Authentic Copy Of The Original, Complete, And All Statements And Information Provided Therein Are True And Correct; 5. [name Of Bidder] Is Authorizing The Head Of The Procuring Entity Or Its Duly Authorized Representative(s) To Verify All The Documents Submitted; 6. Select One, Delete The Rest: If A Sole Proprietorship: The Owner Or Sole Proprietor Is Not Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Partnership Or Cooperative: None Of The Officers And Members Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; If A Corporation Or Joint Venture: None Of The Officers, Directors, And Controlling Stockholders Of [name Of Bidder] Is Related To The Head Of The Procuring Entity, Members Of The Bids And Awards Committee (bac), The Technical Working Group, And The Bac Secretariat, The Head Of The Project Management Office Or The End-user Unit, And The Project Consultants By Consanguinity Or Affinity Up To The Third Civil Degree; 7. [name Of Bidder] Complies With Existing Labor Laws And Standards; And 8. [name Of Bidder] Is Aware Of And Has Undertaken The Following Responsibilities As A Bidder: A) Carefully Examine All Of The Bidding Documents; B) Acknowledging All Conditions, Local Or Otherwise, Affecting The Implementation Of The Contract; C) Making An Estimate Of The Facilities Available And Needed For The Contract To Be Bid, If Any; And D) Inquiring Or Securing Supplemental/bid Bulletin(s) Issued For The [name Of The Project]. 9. [name Of Bidder] Did Not Give Or Pay, Directly Or Indirectly, Any Commission, Amount, Fee, Or Any Form Of Consideration, Pecuniary Or Otherwise, To Any Person Or Official, Personnel Or Representative Of The Government In Relation To Any Procurement Project Or Activity. 10. In Case Of Advance Payment Was Made Or Given, Failure To Perform Or Deliver Any Of The Obligations And Undertakings In The Contract Shall Be Sufficient Grounds To Constitute Criminal Liability For Swindling(estafa) Or The Commission Of Fraud With Unfaithfulness Or Abuse Of Confidence Through Misappropriating Or Converting Any Payment Received By A Person Or Entity Under An Obligation Involving The Duty To Deliver Certain Goods Or Services, To The Prejudice Of The Public And The Government Of The Philippines Pursuant To Article 315 Of Act No. 3815 Series Of 1930, As Amended, Or The Revised Penal Code. In Witness Whereof, I Have Hereunto Set My Hand This ___________ Day Of __________________, 2025 At ____________, Philippines. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2025 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2025. Republic Of The Philipppines ) City Of Sorsogon ) S.s. X ---------------------------------------------------x Bid Securing Declaration Project Identification No. ______ To: [insert Name And Address Of Procuring Entity] I/we, The Undersigned, Declare That: 1. I/we Understand That, According To Your Conditions, Bids Must Be Supported By A Bid Security, Which May Be In The Form Of A Bid-securing Declaration. 2. I/we Accept That: (a) I Will Be Automatically Disqualified From Bidding For Any Procurement Contract With Any Procuring Entity For A Period Of Two(2) Years Upon Receipt Of Your Blacklisting Order; And, (b) I/we Will Pay The Applicable Fine Provided Under Section 6 Of The Guidelines On The Use Of Bid Securing Declaration, Within Fifteen(15) Days From Receipt Of The Written Demand By The Procuring Entity For The Commission Of Acts Resulting To The Enforcement Of The Bid Securing Declaration Under Sections 23.1(b), 34.2, 40.1 And 69.1(f) Of The Irr Of Ra No. 9184; Without Prejudice To Other Legal Action The Government May Undertake. 3. I/we Understand That This Bid-securing Declaration Shall Cease To Be Valid On The Following Circumstances: (a) Upon Expiration Of The Bid Validity Period, Or Any Extension Thereof Pursuant To Your Request; (b) I Am Declared Ineligible Or Post Disqualified Upon Receipt Of Your Notice To Such Effect, And (i) I/we Failed To Timely File A Request For Reconsideration Or (ii) I/we Filed A Waiver To Avail Of Said Right; And (c) I Am/we Declared As The Bidder With The Lowest Calculated And Responsive Bid And I/we Have Furnished The Performance Security And Signed The Contract. In Witness Whereof, I Have Hereunto Set My Hand This _____ Day Of ________, 2025 At __________________. _____________________________________ Bidder’s Representative/authorized Signatory [insert Signatory’s Legal Capacity] Affiant Subscribed And Sworn To Before Me A Notary Public For And Within The Province/city Pf __________________, On This ________ Day Of _______________, 2025 At __________________________ By The Above Named Affiant With His/her __________________ As The Competent Evidence Of His/her Identity And Avows Under Penalty Of Law That All The Statements Contained On This Instrument Are True And Correct. Doc. No. __________ Page No. __________ Book No. __________ Series Of 2025. Bid Form For The Procurement Of Goods (shall Be Submitted With The Bid) Bid Form Date: _____________________________ Project Identification No.: _____________ To: [name And Address Of Procuring Entity] Having Examined The Philippine Bidding Documents(pbds) Including The Supplemental Or Bid Bulletin Numbers_____, The Receipt Of Which Is Hereby Duly Acknowledged, We, The Undersigned, Offer To (supply/deliver/perform) (description Of The Goods) In Conformity With The Said Pbds For The Sum Of (total Bid Amount In Words And Figures) Or The Total Calculated Bid Price, As Evaluated And Corrected For Computational Errors , And Other Bid Modifications In Accordance With The Price Schedules Attached Herewith And Made Part Of This Bid. The Total Bid Price Includes The Cost Of All Taxes, Such As, But Not Limited To (specify The Applicable Taxes, E.g. (i) Value Added Tax, (ii) Income Tax, (iii) Local Taxes, And (iv) Other Fiscal Levies And Duties), Which Are Itemized Herein Or In The Price Schedules. If Our Bid Is Accepted, We Undertake: A.to Deliver The Goods In Accordance With The Delivery Schedule Specified In The Schedule Of Requirements Of The Philippine Bidding Documents(pbds); B. To Provide A Performance Security In The Form, Amounts, And Within The Times Prescribed In The Pbds; C. To Abide By The Bid Validity Specified In The Pbds And It Shall Remain Binding Upon Us At Any Time Before The Expiration Of That Period. Until A Formal Contract Is Prepared And Executed, This Bid, Together With Your Written Acceptance Thereof And Your Notice Of Award, Shall Be Binding Upon Us. We Understand That You Are Not Bound To Accept The Lowest Calculated Bid Or Any Bid You May Receive. We Certify/conform That We Comply With The Eligibility Requirements Pursuant To The Pbds. The Undersigned Is Authorized To Submit The Bid On Behalf Of (name Of The Bidder) As Evidenced By The Attached (state The Written Authority). We Acknowledge That Failure To Sign Each And Every Page Of This Bid Form, Including, The Attached Schedule Of Prices, Shall Be A Ground For The Rejection Of Our Bid. Name: Legal Capacity: Signed: Duly Authorized To Sign The Bid For And On Behalf Of: Date: ___________ Contract Agreement For The Procurement Of Goods(revised) __________________________________________________________________________ This Agreement, Made The _________ Day Of _______________, ________ Between [name And Address Of Procuring Entity] Of The Philippines (hereinafter Called The“entity”) Of The One Part And [name Of Supplier] (hereinafter Called The “supplier”) Of The Other Part. Whereas, The Entity Invited Bids For Certain Goods And Ancillary Services, Particularly (brief Description Of Goods And Services) And Has Accepted A Bid By The Supplier For The Supply Of Those Goods And Services In The Sum Of (contract Price In Words And Figures In Specified Currency) (hereinafter Called The “contract Price”). Now This Agreement Witnesseth As Follows: 1. In This Agreement, Words And Expressions Shall Have The Same Meanings As Are Respectively Assigned To Them In The Conditions Of Contract Hereinafter Referred To. 2. The Following Documents As Required By The 2016 Revised Implementing Rules And Regulations Of Republic Act No. 9184 Shall Be Deemed To Form And Be Read And Construed As Part Of This Agreement, Viz.: I. Philippine Bidding Documents(pbds) I. Schedule Of Requirements; Ii.technical Specifications; Iii.bill Of Quantities Iv.general And Special Conditions Of Contract; V.supplemental Or Bid Bulletins, If Any Ii. Winning Bidder’s Bid, Including The Eligibility Requirements, Technical And Financial Proposals, And All Other Documents Or Statements Submitted; Bid Form, Including All The Documents/statements Submitted; Bid Form, Including All The Documents/statements Contained In The Bidder’s Bidding Envelopes, As Annexes, And All Other Documents Submitted(e.g., Bidder’s Response To Request For Clarifications On The Bid), Including Corrections To The Bid, If Any, Resulting From The Procuring Entity’s Bid Evaluation; C. Performance Security D. Notice Of Award Of Contract And The Bidder’s Conforme Thereto; And E. Other Contract Documents That May Be Required By Existing Laws And/or The Procuring Entity Concerned In The Pbds. Winning Bidder Agrees That Additional Contract Documents Or Information Prescribed By The Gppb That Are Subsequently Required For Submission After The Contract Execution, Such As The Notice To Proceed, Variation Orders And Warranty Security, Shall Likewise Form Part Of The Contract. 3. In Consideration For The Sum Of [total Contract Price In Words And Figures) Or Such Other Sums As May Be Ascertained, [name Of Bidder] Agrees To Execute The [state The Object Of The Contract] In Accordance With His/her/its Bid. 4. The [name Of The Procuring Entity] To Pay The Above-mentioned Sum In Accordance With The Terms Of Bidding. In Witness, Whereof The Parties Thereto Have Caused This Agreement To Be Executed The Day And Year First Before Written. Binding Signature Of The Procuring Entity: Binding Signature Of Supplier: Insert Name And Signature] [insert Name And Signature] [insert Signatory’s Legal Capacity] [insert Signatory’s Legal Capacity] Signed In The Presence Of: ______________________ ________________ Liaison Officer For: For: [insert Procuring Entity] [insert Name Of Supplier] Acknowledgement Before Me, As The Notary Public For And In The City/municipality Of _____________, Personally Appeared _________________, Representing The ________________________ With _____________ Issued On __________ At __________________ And ___________________, _____________________ Representing ________________________ With ______________________ Issued On _________________ At __________________________, Known To Me The Same Persons Who Executed The Foregoing Contract Agreement And They Acknowledged To Me That The Same Are Their True Act And Deed For And In Behalf Of The Parties They Represent. This Instrument Consists Of ____ Pages Including This Page On Which The Acknowledgement Is Written Duly Signed By The Contracting Parties And Their Witnesses. In Witness Whereof, I Have Hereunto Affixed My Signature And Seal This _______ Day _____________, Philippines. Doc. No. ______________ Page No: ______________ Book No. ______________ Series Of 2025. Bill Of Quantities Item No. Item Quantity Unit Unit Price Total Price Prepared By: ______________ Proprietor

Details: ?.## Performance Work Statement veterans Integrated Service Network (visn) 10 battle Creek & Wyoming Cboc Reference Laboratory Testing Services overview the Contractor Shall Enter Into An Indefinite-delivery Indefinite Quantity Contract (idiq) With The Battle Creek Vamc And Wyoming Cboc In Michigan To Provide Reference Laboratory Testing For The Patients Enrolled In The Participating Facilities. Contractor Shall Provide All Necessary Supplies To Provide Reference Laboratory Testing Services For The Participating Facilities Below And All Support Facilities Of The Bcvamc. The Idiq Term Shall Be Five (5) Years. This Is A Firm-fixed Price Idiq. The Estimated Quantities Are For Each Test Per Year. background department Of Veterans Affairs, Veterans Health Administration (vha), Visn 10, Battle Creek Vamc And Wyoming Cboc, Requires The Services Of A Contractor For Reference Laboratory Testing Services. The Contractor Shall Provide Reference Laboratory Testing For The Patients Enrolled In The Participating Facilities. Contractor Shall Provide All Necessary Supplies To Provide Reference Laboratory Testing Services For Both The Participating Facilities Below And All Support Facilities. reference Laboratory Services Include At Minimum Specimen Preparation And Storage; Transportation Of Clinical Laboratory Specimens; Microbiology Cultures And Stocks; Performance Of Analytical Testing; Reporting Of Analytical Test Results; Consultative Services; And Reports As Required By This Document. places Of Performance battle Creek Va Medical Center 5500 Armstrong Road battle Creek, Mi 49037 usa and wyoming Va Cboc 5838 Metro Way Sw wyoming, Mi 49519 usa supporting Facilities contractor Shall Ensure That Supplies Are Provided As Required By The Veterans Affairs Medical Center (vamc). a Va Courier Will Collect Specimens From Support Facilities And Those Specimens Will Be Collected By The Contractor Courier From Their Assigned Participating Facility On The Dates And Times Listed In Section 5 Below. government Reserves The Right To Add Or Remove Supporting Facilities As Necessary. contractor Responsibilities overview the Contractor Shall Provide At Minimum: all Necessary Supplies For Specialized Specimen Collection, Testing, Transport, And Packaging, Shipping Kits supplies Shall Be Provided As The Medical Centers Require Additional Supplies To Support Patient Testing Needs. (government Will Provide Serum 2 Supplies) courier (not Shipping) And Flight Services For The Transportation Of The Specimens flights To Be Made Out Of An Airport That Provides The Best Efficiency In Getting The Specimens To The Contractor While Maintaining Specimen Integrity. Contractor Is Responsible For Specimen Integrity Once Specimen Leaves The Va Facility. courier Service For Pick-up Of Patient Samples From Facility S Laboratory, Shall Be Provided Monday Saturday And Pick-up Times Required By The Site Are Identified Below: battle Creek Vamc 1 Pickup Mon-sat Between 6:00pm And 7:00pm wyoming Cboc Vamc 1 Pickup Mon-sat Between 6:00pm And 7:00pm dry Ice (if Required) chain Of Custody Forms (if Required) specimen Transport Request Forms reference Laboratory Testing And Reporting With Current Reference Ranges. secured Web-based Portal System, Intranet Laboratory Electronic Data Interchange (ledi) System, And Printer Equipment Including Compatible Oracle Ehrm Equipment. contractor Must Have Interchange With The Va Ehr Computer System Which Will Be Installed During This Contract At The Time Of Award. contractor Shall Have A Single National Coding System. contractor Shall Utilize One Test Code Per Test Nationally. contractor Shall Utilize Approved Patient Identifiers customer Telephone Service 24/7 365 Days A Year contractor Shall Have An Electronic Test Menu Submission System As The Preferred Test Submission Avenue With Limited Specialty Tests To Be Submitted On Paper Test Submission Forms. shipping Manifest monthly Report To The Vamc To Include, At A Minimum, Through An Appropriate Electronic Format: (no Pii/phi Can Be Included) tests Ordered. number Of Unsatisfactory Specimens number Of Tests Performed In Current Month; And calendar Year-to-date With Current Procedural Terminology (cpt) Code And Cost. Reports To Include All Testing Ordered For The Calendar Year. this Report Shall Include Pricing Per Account Number For Each Participating Site. provide And Maintain A User-friendly Public Website Which Allows Easy Reference For Researching Test Information (test Number/cpt Coding, Patient Preparation, Test Utility, Result Interpretive Guidelines. For Tests Not Listed On Public Website Contractor Shall Provide Access To Their Database For Client Research Test Information; And routine Test Results To The Participating Ordering Facility Within Twenty-four (24) Hours Following Test Completion, Except When Specimens Are Picked Up The Day Before A Weekend Or Holiday (in Which Case The Results Shall Be Provided The Following Business Day). The Contractor Shall Notify The Facility Within Two (2) Hours Of Any Critical Values Or Results. contractor S Billing And Utilization Reports Shall Run From The First Day Of Each Month Through The Last Day Of Each Month. For Example: January 1 January 31, February 1 28 Or 29(if Leap Year), And June 1 June 30. qualifications licensing And Accreditation only Fully Licensed/accredited Laboratories Actively Engaged In Providing The Specific Services And Laboratory Testing Outlined In This Solicitation Shall Be Considered. The Contractor/subcontractor Shall Have All Licenses, Permits, Accreditation And Certificates Required By Law And Be Provided To The Co/cor At The Time Of Award. The Reference Laboratory Shall Be Licensed/accredited By The College Of American Pathologists (cap) Or The Joint Commission (tjc), Or Any Other Licensing And/or Accreditation In Order To Perform The Required Testing Listed In This Pws. In Addition, The Laboratory Must Be Certified As Meeting The Requirements Of The Department Of Health And Human Services Clinical Laboratory Improvement Act Of 1988 (clia). the Contractor Shall Provide A Copy Of All Relevant Permits/licenses And Certifications Inclusive Of All Sanctions Current Or Pending Throughout The United States Of America Prior To Contract Award. In Addition, The Contractor Shall Be Responsible For Providing Written Guarantee Or Evidence That All Subcontractors Have Appropriate Licensure And Accreditation To Perform Tests That The Primary Contractor Cannot Perform Prior To Contract Award And As Requested By The Contracting Officer (co). All Proposed Subcontractor Changes During The Contract Performance Period Must Have Prior Approval By The Co. Changes To The Requirements Shall Be Addressed By Bilateral Modification. contractor Personnel Assigned By The Contractor To Perform The Services Covered By This Contract Shall Be Eligible To Provide The Services Of This Contract And Licensed In A State, Territory, Or Commonwealth Of The United States Or The District Of Columbia. All Licenses Held By Contractor Personnel Working On This Contract Shall Be Full And Unrestricted Licenses. Contractor Personnel Assigned By The Contractor To Work Under This Contract Shall Be Licensed By The Governing Or Cognizant Licensing Board. contractor Policies And Procedures Shall Comply With Health Insurance Portability And Accountability Act (hippa) the Contractor Shall Notify The Contracting Officer In Writing Of All Malpractice Investigation Or Licensure Or Certification Suspension That Concerns The Contractor Or Contractor Personnel, Or Any Discovery Of Any Disciplinary Action Taken Against Laboratory(ies) Performing Under The Contract Within 24 Hours Of Notification Of An Investigation Or Suspension. contractor Personnel the Contractor Shall Maintain Current Accreditation And Notify The Contracting Officer Of All Lapses In State License, Clinical Laboratory Improvement Amendments (clia) Certification, Or Clinical Pathology Certification. The Contractor Shall Provide Access Via Website Or Email Upon Request A Copy Of The Renewed Licenses/certificates Before Expiration. laboratory Director Shall Be A Licensed American Board Of Pathology Certified Pathologist Or Appropriately Certified Bio-analyst. the Contractor Must Have At Least Three Years Of Experience Providing Laboratory Services And Must Have At Least One-year Experience In Transporting Biomedical Materials. clia Certifications Shall Include Approval For Testing For The Following Disciplines/subdisciplines And Effective Dates Of Approval For Each Disciplines/subdisciplines histocompatibility (010) bacteriology (110) mycobacteriology (115) mycology (120) parasitology virology (140) syphilis Serology (210) general Immunology (220) routine Chemistry (310) urinalysis (320) endocrinology (330) toxicology (340) hematology (400) immunohematology Abo Group & Rh Type (510) immunohematology Antibody Detection (transfusion) (520) immunohematology Antibody Detection (non-transfusion) (530) immunohematology Antibody Identification (540) immunohematology Compatibility Testing (550) histopathology (610) oral Pathology (620) surgical Pathology molecular Biology cytology (630) radiobioassay (800) cytogenetics (900) any Changes To The Clia Certifications Should Be Communicated To The Facility Within 24 Hours. This Also Applies To The Subcontractors. the Contractor Is Required To Provide All Technical Advisory/recalls/alerts, Prior To Or Simultaneously With Field Alerts, Should Be Forwarded To The Designated Individuals Determined At Contract Award. the Government Reserves The Right To Refuse The Use Of A Subcontractor Who Fails To Comply With Evidence Of Accreditation(s) Or Licensures(s) specimen Preparation contractor Shall Supply Each Government Facility With Its Commercial Laboratory Reference Test Manual To Ensure That The Collection And Storage Of Specimens Are In Accordance With Contractor S Requirements. contractor Shall Provide All Materials Necessary To Collect And Preserve Specimens That Are Destined To The Commercial Reference Laboratory For Testing. These Materials Include Those Items That Are Dictated By And In Compliance With The Collection Requirements Of The Commercial Reference Laboratory. if A Medicolegal Specimen Is Submitted, The Contractor Shall Provide Its Own Special Forms And Special Handling Procedures To Maintain A Valid Chain-of-custody Possession And Develop The Formal Documentation Necessary For That Purpose. Contractor S Testing Personnel Who Performed The Analysis May Be Required To Provide Court Testimony. Contractor Testimony Shall Be Provided As Required At No Additional Expense To The Government. contractor Shall Be Responsible For Storing Specimens In Such A Manner To Ensure The Integrity Of The Specimen. specimen Transporation contractor Shall Provide Transportation Of Primarily Biomedical Materials That Include Patient Specimens, Cultures, And Stocks, Originating From Government Facilities And Destined To The Contracted Commercial Reference Laboratory. these Specimens Are Classified As Hazard Materials Class 6, Division 6.2 And Are Defined In 49 Cfr Part 173.134 As Those Materials That Contain Or Could Contain Etiologic Agents. Transportation Shall Be Done In Such A Manner That The Safety And Integrity Of The Biomedical Material Is Maintained. transportation/courier Services For Pick-up Of Patient Samples From The Government Facilities Listed In This Document Shall Be Provided By The Contractor. the Government Reserves The Right To Adjust The Courier Pick-up Days And Times As Necessary, Provided A Two-week Notice Has Been Provided And Acknowledged By The Contractor At No Additional Charge To The Government. the Government Reserves The Right To Add Or Remove Courier Pick-up Locations Provided A Two-week Notice Has Been Provided And Acknowledged By The Contractor At No Additional Charge To The Government. processing Shall Begin Immediately Upon Receipt At The Testing Site And Results Provided Within The Laboratory Established Turnaround Times. courier Services Shall Be Available Seven (7) Days A Week, Including Federal Holidays As Required. A List Of Federal Holidays Can Be Found In The Following Link: Federal Holidays (opm.gov) contractor Shall Provide All Necessary Supplies For Biomedical Materials To Be Transported From The Va Medical Facility To The Performing Laboratory. These Supplies Shall Include At Minimum: shipping And Packaging Containers. Packing Material Must Be Capable Of Maintaining Temperature Requirements For Specimens Until They Reach The Contractor S Laboratory. required Labels And Packaging Materials For Shipping Specimens Via Courier That Are Infectious, Or Etiologic Agents, In Accordance With Appropriate Requirements Of 42 Cfr Part 72, 49 Cfr Parts 171 And 173, And The Dangerous Goods Regulations Of The International Air Transport Association (iata) Consistent With Current Regulatory Updates. test Request Forms, Preprinted With The Appropriate Shipping Section Details And Account Information. test Request Forms For Specialized Testing (i.e., Cytogenetics, Tissue, Etc.). printer And Printer Supplies Including Paper, Labels, And Toner/ Ink Cartridges, In Sufficient Quantities To Perform Work Under This Contract. specimen Testing contractor Shall Ensure Test Sample Integrity Is Maintained At All Times From The Time They Are Picked Up From The Participating Facility And Delivered To The Processing Laboratory. contractor Shall Provide The Full Range Of Laboratory Testing Capabilities To Execute All Required Test Orders As Annotated In This Agreement. all The Testing Should Be Performed On The Contractors Premises Or Within The Contractor S Network Labs (as Official Or Qualified Subcontractor). Under No Circumstance Should The Contractor Allow Any Patient Information To Cross The Us Borders. Contractor Referral To The Secondary Laboratory Or Subcontractor Should Be Kept To A Minimum For Control And Uniformity Purpose. Subcontractor Should Be Held To The Same Quality Standard As Specified In The Contract. contractor Shall Make Available The Following Test Information: requisition Form Requirements alphabetized Test Name List test Order Code specimen Collection And Preservation Requirements test Method Employed (indicate If Testing Performed In Duplicate) And Interpretations test Reference Intervals Adjusted For Age, Sex, Or Race, When Required test Specific Sensitivity, Specificity, And Interferences, When Required result Code test Critical Values If Any policy For Critical Value Notification cpt Coding test Turnaround Times (minimum And Maximum Times Indicated); Where The Turnaround Time Is Defined As The Time Between Receipt Of Specimen By The Contractor And Receipt Of Results By A Government Facility. schedule Of Test Performance (specific Days Of Week Indicated) location Of Test Performance By Test Name (i.e., Name Of Primary Laboratory, Name Of Separate Branch/division Of Primary Lab, Name, And Address Of Secondary (sub-contracted) Laboratory Must Be Cited) contractor Shall Notify The Site Contracting Officer Representative (cor) For Each Participating Facility Of Any Test Submitted To Be Processed That Does Not Match This Agreement Prior To Being Tested So That The Appropriate Process Can Be Followed To Process The Test. all Reference Laboratory Testing Is Preferred To Be Tested Using Test Methods That Are Fda Approved. any Non-fda Approved Method Being Performed Shall Have A Disclaimer And Documented Validation Plan. upon Request, The Validation Plan And Validation Results Shall Be Made Available To The Cor Or Designee. contractor Shall Ensure The Accurate And Timely Performance Of Laboratory Testing Services On All Tests Within This Agreement. specimen Retention all Anatomic Pathology Materials (e.g., Histology Blocks, Slides, Or Other Diagnostic Material) Generated By The Va Shall Be Returned Within 7 Days After Final Diagnosis Is Reported. test Results & Reports test Results: if The Contractor Is Unable To Perform The Test Due To Issues With The Specimen Integrity, The Contractor Shall Inform The Va As Soon As Possible, Via Email To The Designated Cor, With A Maximum Time Of 24-hours Of Receipt Of The Specimen. once Testing Is Completed, The Laboratory Results Shall Be Transmitted Via Secured Web-based Portal System Or The Ledi System To Each Participating Facility Via Vamc Vista/cerner Computer System And Printer Equipment Provided By The Contractor That Will Be Located At Each Participating Facility. alternate Methods Of Reporting Results In The Event Of Electronic System Failure May Include: electronic Delivery Of All Reports Is Preferred. faxed, Please Verify Fax Number Prior To Sending Patient Results As Fax Numbers Are Subject To Change: 269-966-5483 all Test Results Provided By The Contractor/subcontractor Shall Contain At Minimum The Following: two (2) Full Patient Identifiers, One Of Which Is Patient S Full Name physician S Name testing Facility Name And Address clinical Laboratory Improvement Amendments Clia Number (if Requested) account Number date/time Specimen Was Collected date/time Specimen Was Received date/time Test Was Reported contractor Generated Laboratory Accession Number va Generated Laboratory Accession Number test Ordered test Result flagged Abnormal Results reference Ranges type Of Specimen any Additional Comments Related To Test Provided By Submitting Lab any Other Information The Laboratory Has That May Indicate A Questionable Validity Of Test Results; And unsatisfactory Specimens Shall Be Reported With Regard To Its Unsuitability For Testing. corrected Reports Shall Be Issued In Accordance With Accreditation Requirements. the Contractor Shall Return Representative Slides, Anatomic, Hematologic, Etc., For Quality Control Review When Requested. Quality Control Slides Shall Represent Duplicate Copies Of Original Slides Prepared By The Contractor From Permanent Tissue Blocks. The Contractor Shall Provide Quality Control Slides To The Facility Or Clinics At The Same Time The Contractor Submits The Final Reports. The Contractor Shall Prepare Additional Blocks And Slides, In Quantities Specified By The Facility For Review By Pathologists. For Malignant Cases, The Contractor Shall Call Results To The Submitting Facility, And Prepare Paraffin Blocks And Slides For Review By The Joint Pathology Center (jpc) Or Other Government Pathology Organization (gpo). For Benign Cases, The Contractor Shall Prepare Slides For Review By The Facility. Upon Provision Of Sample Slides By The Facility, The Contractor Shall Provide Interpretation Of Sample Slides. The Sample Shall Include, At A Minimum, Breast Biopsy, Thyroid Biopsy, Mastectomy With Nodes, Colon Resection, Lymph Node Biopsy, And Gynecology And Non-gynecology Cytology. the Contractor Shall Store All Blood And Fluid Specimens After All Testing Has Been Completed In The Event Repeat Or Add On Testing For One (1) Week At Conditions That Shall Maintain Sample Viability. Upon Request, Samples Shall Be Returned To The Collecting Va Facility Via Courier At Conditions That Shall Maintain Sample Viability, At No Additional Charge To The Va. All Anatomical Pathology Specimens (i.e., Slides, Blocks, Etc.) Shall Be Returned Within Two (2) Weeks Of Test Completion. reports: all Reports Shall Run From The 1st Day Of Each Month Through The Last Day Of Each Month. For Example: January 1 January 31, February 1 28 Or 29 (if Leap Year), And June 1 June 30. contractor Shall Prove Consultative Services That Are Consistent With The Services Offered To Other Contracted Customers Without Compensation. These Services May Include Consultations By Laboratory Professionals Or Experienced Physicians On Test Or Methodology Selection Or Test Result Interpretation. contractor Shall Provide Access To Online Statistical Analysis And Metrics Of The Government Facilities Test Utilization Reports To Assist In The Monitoring Of Ordering Trends And Utilization Patterns. The Contractor Shall Make Recommendations To The Facilities On Mechanisms To Reduce Their Costs And Provide Recommendations For Improvements In Testing And Results. test Utilization (number And Cost) trending Of Test Utilization (number And Cost) line Graph And total Number test Utilization By Provider contractor Shall Provide A Cumulative Workload Summary Report Of Tests Performed. The Summary Must Include The Facility Account Number, The Test Name, The Test Ordering Code, Monthly Test Volume, Year-to-date Test Volume, Unit Test Cost, Monthly Test Expenditures And Year-to Date Test Expenditures, The Va And Test Lab Generated Accession Numbers, And The Name And Address Of The Testing Laboratory (contractor And Subcontractor). a Copy Of The Report Shall Be Delivered Electronically To The Contracting Officer And Cor By The 10th Of The Month Following The Close Of The Reporting Month. all Reports Shall Be Submitted In Electronic Spreadsheet Format And Have The Capability To Sort By Four (4) Different Methods: facility Account Number test Names Listed Alphabetically test Names Listed In Order Of Year-to-date Test Frequency (highest To Lowest) test Names Listed In Order Of Year-to-date Total Test Cost (highest To Lowest) additional Administration Requirements / Reports the Contractor Shall Provide An Updated Copy Of The Excel Spreadsheet Reference Lab Invoice Summary To The Contracting Officer, Cor By The 10th Of The Month Following The Close Of The Reporting Month. The Contractor Shall Update The Quantities Of Tests Invoiced During The Prior Month In This Spreadsheet. contractor Shall Provide A Monthly Listing Of Any Tests Listed In Section D, Attachment 2 Entitled Price-cost Schedule - Battle Creek And Wyoming Cboc Reference Labs That 1) Are No Longer Performed By Contractor Or 2) The Test Name Is Updated. The Contractor Shall Highlight The Rows Red In The Excel Spreadsheet Declining Balances Monthly Test Tracker For Any Test Codes That Are No Longer Performed By The Contractor Or Have Updated Test Names And Make A Note In The Notes Column. These Tests Will Be Either Removed Or Updated Via A Supplemental Agreement In Accordance With 52.212-4. When Invoicing, Prior To The Test Name Being Updated Via Contract Modification, The Contractor Shall Reference The Previous Test Code Name And New Test Code Name On The Invoice. the Contractor Shall Make All Reasonable Effort To Notify The Va That A Test Ordered Against The Contract Is Not Listed In Section D, Attachment 2, In Order To Avoid An Unauthorized Commitment. for Tests That Are Ordered That Are Not Listed In Section D, Attachment 2, The Purchase Card Procedures In Section D, Attachment 7 Entitled Purchase Card Procedures For Va And Contractor Shall Be Utilized. These Procedures Include The Requirement That The Contractor Shall Provide An Updated Excel Spreadsheet, Purchase Card Transactions, That Tracks The Test Name And/or Test Ordering Code, Quantity Of Each Test Performed, And Proposed Pricing. quality Review contractor Shall Provide The Following: in Accordance With Vha Handbook 1106 A 10% Retrospective Quality Management Peer Review Shall Be Completed. This Review Shall Be Completed By A Second Pathologist On At Least A Quarterly Basis For A Minimum Of 10% Of All Surgical Pathology Cases, Fine Needle Aspirates, Cytopathology Cases And Gynecologic Cases. this 10% Review Shall Be Performed By A Pathologist Certified In Anatomic Pathology. Reviews Shall Meet These Review Requirements: under No Circumstances Shall A Resident Physician Act As A Second Reviewer For A Staff Pathologist. under No Circumstances Shall A Staff Pathologist Review A Resident Physician S Diagnosis As This Does Not Constitute A Second Review. individuals Performing A Second Review In Gyn Cytology Shall Have Achieved A Current Successful Gyn Cytology Competency Assessment. the Review Process Shall Be Random, Shall Include All Types Of Specimens And Shall Include A Review Of The Entire Case. at Least 10% Of The Cytotechnologist S Gynecologic Cases That Have Been Interpreted As Negative Are Routinely Rescreened And Are Diagnosed And Documented As Being Negative By A Qualified Pathologist. cases Subjected For Rescreening Shall Include Some Cases From High-risk Patients, As Well As Random Negative Cases, Based Upon Criteria Established By The Chief Or Director Of Pathology And Laboratory Medical Services. ability To Instantly Generate Reports Like Cost Management Report, Turn-around-time Report, Utilization Report And Any Other Quality Management Report Requested By The Site. purchase Card Transactions contractor Shall Follow The Purchase Card Transactions Procedures As Directed In Section D, Attachment 7 For Any Tests Ordered That Were Not Originally On The Contract. customer Service contractor Shall Provide Customer Service Including It Support That Is Accessible By Toll-free Telephone Service 24 Hours Per Day, 7 Days Per Week To Assist Government Staff For Tracking And Resolving Related Issues/problems That May Arise In The Performance Under This Agreement. upon Award, The Contractor Shall Provide The Name(s) And Telephone Number(s) Of Contractor Employees Who Will Address Customer Services Within 24 Hours Throughout The Agreement. environment Of Care: all Significant Problems Identified Shall Be Reported Verbally To The Cor Within 24 Hours. A Written Corrective Plan Of Action Shall Be Submitted To The Cor Within Five (5) Working Days. Va Timeframes And Priorities For Completion Of Action Plan Items Shall Be Mutually Agreed Upon By The Contractor And The Va Safety Officer. The Contractor Shall Successfully Pass The Participating Facility Safety And Infection Control Inspections Prior To The Provision Of Patient Care. va Strives To Ensure That The Patients Experience At Each Of The Medical Centers Provides For Convenience Of Obtaining All Possible Tests In One Visit leadership va Primary Care Services And Operational Activities Provided At The Participating Facility Shall Be Designed And Planned By Leadership Staff And Shall Reflect A Uniform Level Of Primary Care As Provided To Veterans. The Contractor Under The Supervision Of The Palms Pathologists Shall Effectively Manage And Direct Daily Operations, Information And Support Systems, And Conserve Physical And Financial Assets While Meeting The Mission Of The Vha. Palms Pathologists Shall Provide Leadership Oversight For Improvement Of Clinical And Administrative Outcomes. The Provision Of Contracted Services Shall Be Described In Writing The Nature And Scope Of Services Provided Through Contractual Agreement. Leaders Monitor Contracted Services By Establishing Expectations For The Performance Of The Contracted Services. Leaders Take Steps To Improve Contracted Services That Do Not Meet Expectations. personnel Security all Laboratory Directors Who Manage Contractor Personnel With Direct Access To The Specimens And Data Received From And Transmitted To The Va Are Required To Complete A Background Investigation And Receive A Favorable Adjudication From The Office Of Security And Law Enforcement. Anyone With Administrative Or Programmer Access To A Federal Computer System Shall Have A Background Investigation Commensurate With The Level Of Access Granted To The Va Computer System As Determined By The Information Security Officer In Concert With Human Resources Management Staff. These Staff Shall Be Operating Within The Borders Of The U.s.a. And Its Territories. continuing Education the Contractor Shall Provide Ongoing Continuing Education Material For Professional Acknowledgement For Continuing Education (pace), Continuing Medical Education (cme) And Continuing Education (ce). data Management & Connectivity Requirements data Management System contractor Shall Provide To The Government All Necessary Laboratory Test Parameters (parameters Are Required For Each Test Contained In A Panel) To Insure Accurate Test Result Transmission Between The Government And The Contractor S Database. They Shall Provide All The It Support Required For Transition Between Reference Labs, Namely Building Existing And New Test Codes, Test Description, Interface, Troubleshooting And Maintenance Through The Life Of The Contract. Required Test Parameters Include: ordering Code loinc Code cpt Code interface Code test Cost reference Ranges units Of Measurement test Result Interpretation Or Interpretive Remarks, If Appropriate testing Site (if Not Performed At The Vendor S Main Laboratory Facility test Methodology specimen Types specimen Collection And Handling Requirements indication Whether Test Is A Panel/profile Test, List Of Tests Included the Parameters For All Tests In The Contractor S Database Shall Be Kept Current And Be Available To The Government Sites Throughout The Performance Period Of The Contract. Updates To The Test Parameter Information Must Be Provided To Government Sites No Less Than 2 Weeks Prior To The Implementation Of Any Changes. The Contractor Shall Provide Telephone Access To A Contractor S Technical Representative To Respond To Any Question(s) Regarding The Laboratory Test Parameter Information. contractor Shall Be Approved To Be Interfaced With Oracle Ehrm And Be Built At The Enterprise Level At The Time Of Award. the Contractor Shall Provide A Data Management System That Meets The Following Requirements: test Ordering Shall Be Accomplished Through A Menu That Is Intuitive, Has Minimal Options, And Uses A Mouse Or Touch Screen. Upon Selection Of The Test, The Computer Shall Alert (flag) The User To The Type Of Specimen Required And The Storage Conditions. It Must Also Alert The User To The Location Of The Laboratory That Will Be Performing The Test. test Definition, Test Information, And Test Requirements Must Be Complete, Available And Easily Accessible. shipping Manifest Shall Be Generated That Identifies The Specimens Sent To The Commercial Reference Laboratory, Transportation Conditions, And Testing Ordered. the Status And The Results Of Testing Shall Be Available Within Published Timeframes And Easily Retrievable By The Use Of Varying Options. At A Minimum The Options Must Include: sort By Patient Name sort By Date; Sort By Test sort By Incomplete Test. incomplete Tests Must Have An Indication Of The Pending Time Until Completion. Alert Messages, Or Other Notification, Must Be Generated When Testing Is Delayed Beyond Published Timeframes. reports Of Test Results Must Be Immediately Available Upon Verification Of The Test Result. Contractor S Computer Located At The Government Site Must Be Able To Print Test Results Upon Request And Reprint Retrospective Test Results. equipment Security any Equipment Provided By The Contractor To Va Which Contains A Storage Device Such That When The Device Is Powered Down, Va Sensitive Data Remains On It Shall Be Sanitized Prior To Removal From The Va Premises, Shall Become The Property Of The Federal Government And Remain On Federal Property Or Shall Be Destroyed In Accordance With Department Of Veterans Affairs Regulations At The Time Of Removal (device Decommissioning). Data Required By The Hipaa To Remain On Equipment Located On Contractor's Property Shall Be Safeguarded In Accordance With Hipaa And This Information Shall Be Destroyed In Accordance With Va Requirements When No Longer Required By Hipaa To Be Held By The Vendor. va Connectivity Requirements the Contractor Shall Provide Each Participating Facility The Capacity To Order Lab Testing And Receive Results Through A Secure Web-based Portal. The Contractor Shall Show That This Portal Meets Va Requirements For Encryption Of Sensitive Patient Information. The Requirements That Va Utilizes For These Types Of Transmission Shall Be The Federal Information Processing Standard (fips) Publication 140-2. The Contractor Shall Be Responsible For Transmission Of Orders, Confirmation Of Orders, Test Results, And The Preventive Maintenance Of The System. Contractor Shall Be Available To Train The Facility S Staff On The Use Of The System At Each Facility. An Alternate Method Of Sending Orders And Receiving Results Shall Be In Place In The Event Of System Down Time. A Shipping Manifest Shall Be Generated That Identifies The Specimens Sent To The Reference Laboratory, Transportation Conditions, And Testing Ordered. cerner Is A New Va Computer System That Will Be Utilized. The Contractor Shall Ensure They Have The Ability To Interface With Cerner And Is Operational And Validation Is Complete With Full Menus Complete At The Time Of Contract Award. the Contractor Shall Have An Electronic Bi-directional Interface System. The Contractor Shall Meet All Cyber Security Requirements To Establish An Interconnection With The Va For Transfer Of Test Ordering Details And Laboratory Test Results Directly From And Into The Va Computer System Via The Appropriate Ledi Protocol. The Interface Shall Be Designed With A Single Data Interface For The Facility Which All Sites Shall Utilize. The Interface Shall Allow The Generation Of Manifests To Identify The Specimens To Be Sent To The Reference Lab. Upon Receipt Of Test Results, The Va Staff Shall Be Able To Review/validate Test Results Before Release. The Contractor Shall Be Responsible For The Purchase Of Any Licenses For Middleware Products (e.g., Data Innovations) And Hardware For Any Middleware Or Interface Structure. if The Contractor Does Not Have A Bi-directional Electronic Interface Already In Place, The Contractor Shall Have The Following Implemented Within Three (3) Months Of The Contract Award Date. Contractor Shall Assist Staff In The Updating Of The Test Database By Providing All Information Required To Create New Test Files For The Required Tests (i.e., Sample Requirements, Shipping Temperatures, Reference Ranges, Cpt Codes). Interface Portal Shall Be Connected And Approved, Including Any Required Hardware, Such As Dedicated Printers For Labels And Results. Interface Validation Shall Be Completed On The Tests That Have Been Updated In The Database. due To The Difficulties Encountered With Any Major Reference Laboratory Interfacing Change Or Upgrade, Contractor Shall Temporarily Provide A Single Knowledgeable Point Of Contact For Researching Correct Test Information, Point(s) Of Contact For Developing, Testing, And Implementing A Client/vendor Interface, And Then An Ongoing Point Of Contact For Troubleshooting Interface Problems. Temporary Service Shall Be In Effect Until Interfacing Change Or Upgrade Has Been Completed. the Contractor Shall Meet All Enterprise Cyber Security Infrastructure Project (ecsip) Requirements In Order To Establish An Interconnection With The Va For Transfer Of Laboratory Test Results Directly Into A Va Computer System Via The Appropriate Ledi Protocol. The Ecsip Team Shall Have The Ultimate Decision On Which Connection Type Is Appropriate. the Contractor Shall Provide The Following Interfacing Requirements: Laboratory Information Systems Lis Physical Connection And Translation (drivers) And Any Required (additional) Interface Connection License(s) And The Interface Shall Transmit Test Results To The Host Computer Via Automatic Upload. The Interface Connection Shall Be Tested And Verified Before Putting Into Use. the Reference Laboratory Shall Meet Va Information Security And Health Insurance Portability And Accountability Account Of 1996 (hipaa) Requirements And Shall Be Able To Interface With The Current Or Any New Interface Partner Of The Laboratory Information System. The Contractor Shall Have All Users With Va Access Complete The Vha Privacy Training Prior To Starting Services. cerner Is A New Computerized Electronic Health Record That Va Is In The Process Of Transiting To. The Contractor Shall Ensure They Have The Capability And Are Able To Interface With This System When It Is Implemented In Addition To Vista/cprs That Is Currently In Place. performance Improvement the Contractor Shall Comply With The Participating Facility Performance Improvement (pi) Program As Applicable To Pathology And Laboratory Medicine Service (palms). Palms Shall Monitor The Vendor S Test Assay Turn Around Times (tats) On A Quarterly Basis. Vendor Shall Provide A Quarterly Tat Report For All Patient Testing Requests Sent For Analysis. Quality Assurance Technologists Shall Provide A Quarterly Report To Participating Facility Management Teams For Review. Contractor Pi Activities May Be Directed By The Va Facility, Visn Or Vha, As Well As Accreditation Or Licensing Bodies. The Contractor Shall Abstract, Compile And Report Pi Data As Requested By The Va. Va Data Collection Methodology, Report Format, And Reporting Deadlines Shall Be Defined By The Participating Facility. Examples Of Required Pi Activities Include The Vha Performance Measures/clinical Practice Guidelines Program, And The Joint Commission Oryx Or Core Measurement Program. It Is Noted That Pi Activities Are Dynamic And Subject To Change, As Driven By Current Priorities And Resources. In All Cases, The Contractor Shall Continually Assess For, And Act Upon, Clinical And Administrative Improvement Opportunities. High Priority Shall Be Given By The Contractor To The Prevention Of Risk For The Patient. The Contractor Shall Implement Process-related Internal Controls To Prevent Risk To The Veteran. Va Monitoring For Continuous Compliance With Joint Commission Standards Shall Be Directed By Va Staff And Communicated To The Contractor Through The Cor. Va Aggregate And/or Practitioner-specific Data Collected By The Va Shall Be Provided To The Contractor In Accordance With Established Reporting Schedules. Va Measures Related To Contract Compliance Shall Be Identified By The Cor information And Records Management the Participating Facility Information Management Plan Shall Be Followed By The Contractor. Documentation And Record Keeping Shall Be In Accordance With The Facility Policies And Procedures. Strict Adherence To All Documentation Related To The Performance Of Invasive Procedures Shall Be Maintained. Identified Medical Record Delinquency Data Shall Be Forwarded To The Contractor By The Participating Facility automated Data Processing (adp) Security/hippa And Excluded Individuals the Va Shall Provide Access To The Veterans Health Information And Technology Architecture (vista) For Contractor Employees. All Contractor Employees Accessing The Vista System Shall Be Required To Sign And Abide By All Vaaahs Security Policies And Applicable Va Confidentiality Statutes, 38 U.s.c. §5701, 38 U.s.c. 7332, And The Privacy Act, 5 U.s.c. §552a. Background Security Investigations Shall Be Completed Before Access To Vista May Be Granted health And Human Service Office Of Inspector General (hhs/oig): To Ensure That The Individuals Providing Services Under The Contract Have Not Engaged In Fraud Or Abuse Regarding Sections 1128 And 1128a Of The Social Security Act Regarding Federal Health Care Programs, The Contractor Is Required To Check The Health And Human Service Office Of Inspector General List Of Excluded Individuals/entities On The Oig Website (www.hhs.gov/oig) For Each Person Providing Services Under This Contract. Further, The Contractor Is Required To Certify In Its Proposal That All Persons Listed In The Contractor S Proposal Have Been Compared Against The Oig List And Are Not Listed. During The Performance Of This Contract The Contractor Is Prohibited From Using Any Individual Or Business List On The List Of Excluded Individuals/entities telecommunication Interface Requirements in Order For Contract Performance To Begin Within The Shortest Time Possible After Contract Award, Contractor Must Already Possess A Current Va Nationally Approved Business Partner Gateway (bpg) Interconnection Security Agreement (isa) And Memorandum Of Understanding (mou) And Have An Integrated System Approach To Facilitate And Streamline All Aspects Of Specimen Ordering, Testing, And Reporting. As Such, The Contractor Shall Develop And Program An Interface Connection To Electronically Transmit Orders, Specimen Status, And Test Results Between The Contractor S Host Computer System And The Government S Host Computer System (vista). (note: A Subcontractor May Be Utilized To Outsource The Connectivity Solution.) the Vista Host Computer System Supports A Universal Interface (ui) And A Generic Instrument Manager (gim). The Gim Is A Commercial Hardware And Software Product That Provides Electronic Connection Between The Contractor S Host Computer And The Government S Host Computer. The Configuration Must Provide The Required Security Of The Government Host Computer System. The Actual Electronic Connection Between The Gim And The Contractor S Host System Is Of The Contractor S Choosing. The Initial And Continual Expense Of The Electronic Message Connectivity And Maintenance Shall Be Borne By The Contractor Throughout The Performance Of The Contract. contractor Shall Provide, Install, And If Necessary, Remove, All Required Telecommunication Equipment, Hardware, Software, And Related Consumable Supplies To Support The Transmission Of Electronic Data To All Sites Referred To Herein. This May Include, But Is Not Limited To: generic Instrument Manager (gim) For The Interface Connection shipping List Printers bar-code Printers back-up Result Printers Connected Directly To Contractor S Computer System any Required Communication Lines software To Receive And Send Orders, Display Status Of And/or Test Results consumable Supplies To Maintain The Operation Of The Equipment Listed Above, E.g., Toner, Etc. contractor Shall Be Responsible For All Annual Recurring Costs Associated With Support And Maintenance Of The Generic Instrument Manager (gim) System Including All Gim Equipment, Software, And Instrument Connections. The Generic Instrument Manager Will Be Located In A Government Secured Area. The Contractor Shall Coordinate With The Respective Government Information Technology Department To Access The Gim. the Contractor Shall Conduct Preventive Maintenance And Repair Of Contractor Furnished Hardware, Software, And Associated Communication Lines. In Addition, Throughout The Performance Period Of The Contract, The Contractor Shall Repair Or Replace Any Malfunctioning Hardware Or Software. all Electronic Messaging Between The Two (contractor And Government) Host Computer Systems Using The Gim Shall Utilize Vista Health Level Seven (hl7) V1.6 Technical Specifications. Health Level 7 (hl7) Is A Registered Trademark Of Health Level Seven, Inc, A Standards Developing Organization Accredited By The American National Standards Institute To Author Consensus-based Standards. Information Regarding Hl7 Transmission Protocols May Be Accessed Through The Health Level Seven, Inc Website, Www.hl7.org. vista Laboratory Electronic Data Interchange (ledi): Identifies Government-specific Content And Encoding Tables To Be Used With Hl7 Message Protocol Conventions. The Ledi Specification Follows Very Closely The Hl7 V2.3.1 Standard. Ledi Identifies Encoding Tables And Hl7 Message Protocol Conventions. ledi Also Identifies To The Commercial Reference Laboratory Contractor Shipping Lists Containing Required Specimen Demographics And Requested Tests To Be Performed. This List Will Be Provided In Printed Format During The Implementation Period. This Information Is Also Available In Electronic Hl7 Format If Required. (ledi) Software Will Provide A Hl7 Acknowledgement For The Receipt Of Tests Results From The Contractor. In The Event That Electronic Communication Is Disrupted, The Contractor Shall Provide Hard Copy Of Specimen Results Upon Demand. The Hard Copy Must Contain Government S Assigned Specimen Identification Where Specimen Identification Is Defined As A Unique Government-assigned Number That Is Associated With Each Specimen. This Specimen Identification Number Will Appear On The Test Order Form, On The Specimen Label And On The Shipping Manifest. the Contractor Shall Provide The Government With Specimen Status In Response To Electronic And Verbal Query. Upon Test Completion, A Formatted Hl7 Message Containing Specimen Test Results With Government S Assigned Specimen Identification Shall Be Returned To The Requesting Medical Center. contractor Shall Address Within Two Hours Of Initial Inquiry, Interface Connection Questions Where Information Is Required To Update, Maintain, And Support The Services Of The Host-to-host Linkage Between The Government And The Contractor. contractor Shall Provide In-service Training Required For The Routine Loading And Care Of Printers And Other Hardware Located On-site. The Training Will Ensure That Government Staff Is Capable Of Performing Routine Servicing Of Hardware. policies, Regulations, And Compliance Standards policies And Regulations policy/handbooks: vha Handbook 1100.17: National Practitioner Data Bank Reports - Https://www.va.gov/vhapublications/viewpublication.asp?pub_id=2135 vha Handbook 1100.19 Credentialing And Privileging - Https://www.va.gov/vhapublications/viewpublication.asp?pub_id=2910 vha Handbook 1907.01 Health Information Management And Health Records: Https://www.va.gov/vhapublications/viewpublication.asp?pub_id=3088 privacy Act Of 1974 (5 U.s.c. 552a) As Amended: Http://www.justice.gov/oip/foia_updates/vol_xvii_4/page2.htm vha Handbook 1106.01: Pathology And Laboratory Medicine Service (p&lms) Procedures: Https://www.va.gov/vhapublications/viewpublication.asp?pub_id=3169 conformance Standards contractor Shall Maintain Full Compliance With Applicable Federal And State Regulations. All Services Provided Under This Contract Shall Be Performed In Conformance With The National Fire Protection Agency (nfpa) 99- Health Care Facility Code, Occupational Safety And Health Administration (osha), Hipaa, And Other Applicable National, State, And Local Regulatory Agencies. Contractor Shall Maintain Clinical Laboratory Improvement Act (clia) Certificate Of Accreditation, And The Joint Commission (jc) And The College Of American Pathology (cap, If Required) Accreditations. A Copy Of The Clia Certificate Shall Be Provided To The Participating Facility When Requested contractor S Laboratory Director Shall Be A Licensed American Board Of Pathology Certified Pathologist. The Contractor Shall Make Sure Employees Have Current And Valid Professional Certifications Before Starting Work Under This Contract. All Contractor Personnel Shall Meet The Performance Characteristics For Accuracy And Precision As Defined By The 1988 Clinical Laboratory Improvement Act (clia) And The Clinical And Laboratory Standards Institute (clsi) And Maintain Required Licenses. The Contractor Shall Maintain Current Licenses And Certificates And Provide Copies Of Such To Va Upon Reasonable Written Request joint Commission Compliance Standards all Applicable Va And Vha Policies, Procedures And Directives Shall Be Followed By The Contractor. The Contractor Shall Continuously Meet Or Exceed All Joint Commission Hospital Standards And Provide Oversight Of Care, Treatment And Services Provided Through Contractual Agreement Standard Ld.04.03.09. The Patient Population Treated Within The Covered Areas Consists Of Veterans With Varying Physical, Psychiatric, And Psychological Needs. Their Conditions Are In Many Cases, Directly Related To The Individual S Service To This Country. Contract Personnel Shall Provide Compassionate Care With Respect For The Special Needs Of The Veteran Population Served. Care Delivered Shall Reflect The Va Medical Centers Mission, Vision, And Values: mission: Honor America S Veterans By Providing Exceptional Health Care That Improves Their Health And Well-being. vision: Vha Shall Continue To Be The Benchmark Of Excellence And Value In Health Care And Benefits By Providing Exemplary Services That Are Both Patients Centered And Evidenced Based. This Care Shall Be Delivered By Engaged, Collaborative Teams In An Integrated Environment That Supports Learning, Discovery, And Continuous Improvement. It Shall Emphasize Prevention And Population Health And Contribute To The Nation S Well-being Through Education, Research, And Service In National Emergencies. values: Vha S Five Core Values Are Integrity, Commitment, Advocacy, Respect, And Excellence. They Define Our Culture And How We Care For Our Veterans. They Affect Outcomes In Our Daily In special Contract Requirements award Specific Information modifications all Modifications Shall Be Given At Minimum 60 Days For Any Change Takes Place. Modifications Shall Not Be Effective Until Executed. modifications That Change The Terms And Conditions Of The Contract Shall Be Bi-lateral. modifications That Are Administrative In Nature May Be Completed Unilaterally By The Government To Update Attachments, Points Of Contacts, Etc. pricing this Is A Firm Fixed Price (ffp) Agreement With Estimated Quantities. pricing Shall Not Change From The Awarded Pricing. variable Priced Tests Shall Not Be Included. They Will Either Need To Be Provided A Ffp Or Not Orderable Through This Agreement. pricing Shall Be Determined And Established At The Time Of Award For Ordering Periods. Pricing Shall Not Change. tests And Reflex Tests the Va Has Estimated The Quantity Of Tests That Will Be Needed For The Entirety Of The Agreement, Including All Ordering Periods. Quantities May Increase Or Decrease Based On The Government S Needs. Quantities Are Not Guaranteed. all Tests And Reflex Tests Shall Be Listed In The Award With Established Test Codes And Pricing. only The Tests And Test Codes Listed In The Award Are Authorized. new Tests: may Be Added To The Award Through A Bi-lateral Modification. shall Not Be Utilized Until A Bilateral Modification Is Executed. pricing Shall Not Change For Any Test Replaced Due To A Test Code/description Change. tests Not Listed In The Award tests Not Listed In This Award With The Assigned Test Code/description Are Not Authorized. any Test Not Listed Or Authorized Shall Follow A Separate Process Unrelated To This Agreement Or Through Va Community Care. contractor Shall Not Process Any Test Not Listed In The Award Nor Request Payment For Tests Not Listed Through This Agreement. Contractor Risks Non-payment Of Any Test Not Authorized. established Process For Non-listed Test Codes/descriptions (non-contracted): contractor Shall Set Up A Non-contracted Account Number all Non-contracted Tests Shall Not Be Processed Without Proper Authorization Prior To The Test Being Processed. employment And Liability this Is A Non-personnel Services Contract. The Contractor Shall Be Responsible For Protecting The Personnel Furnishing Services Under This Contract. To Carry Out This Responsibility, The Contractor Shall Provide The Following For These Personnel, Which Includes Worker S Compensation, Professional Liability Insurance, Health Examinations, Income Tax Withholding And Social Security Payments. The Parties Agree That Contractor Personnel Without Formal Appointments Shall Not Be Considered Va Employees For Any Purpose And Shall Be Considered Employees Of The Contractor infection Control contracted Patient Care Activities Shall Be Integrated Into The Participating Facility Infection Control Program, And Contract Staff Shall Adhere To The Facility Infection Control Policies And Procedures. The Facility Infection Control Plan Shall Identify For The Contractor How Risks Shall Be Identified, Methods To Be Used To Reduce Risk, Identification And Reporting Of Community-acquired And Nosocomial Infections, And Data Collection And Reporting Requirements. Reports Of Surveillance, Control, Prevention, And Monitoring Activities Performed By The Part Facility Shall Be Provided, On A Routine Basis, To The Contractor. patient Safety patient Safety Shall Be A Primary Focus Of The Contractor Including Compliance With All Applicable Patient Safety Goals. The Participating Facility Shall Inform The Contractor Of All Applicable Sentinel Events Or Other Patient Safety Alerts Received By The Facility. For Every Applicable Alert, The Contractor Shall Take The Necessary Steps To Redesign Processes To Prevent Occurrence And Provide Written Feedback To The Contracting Officer Representative (cor) Describing Prevention Actions Taken. All Events Related To Patient Injury, Medication Errors, And Other Breeches Of Patient Safety Shall Be Documented Utilizing The Contractor S Format And Reported To The Cor Utilizing The Part Facility Incident Report. The Facility Shall Provide The Contractor With The Sentinel Event Definitions In The Start-up Phase. The Contractor Shall Verbally Notify The Facility Cor Immediately When A Sentinel Event Has Occurred, Which Is To Be Followed By Written Notification Within One (1) Business Day Or Sooner If Requested By The Medical Center. The Facility Shall Determine When A Root Cause Analysis (rca) Is Required Of The Contractor. The Contractor Shall Conduct All Root Cause Analysis According To The Facility Policy And Within Established Time Frames (45 Days). Completed Rcas Shall Be Provided To The Facility Cor. patient Rights protection Of All Patients Rights Is Of Highest Priority. Patient Privacy And Confidentiality Shall Be Maintained At All Times. Computer Access Shall Be Granted On A Need-to-know Basis, And Security Of Computerized Information Shall Be Maintained At All Times. No Patients Shall Be Subject To Any Research Activity Without His Fully Informed Consent, Subject To Study Approval By The Investigational Research Board (irb). The Contractor Shall Abide By The Participating Facility Code Of Ethics, Which Addresses Marketing, Admission/transfer/referral/discharge Processes, And Billing Issues. The Contractor And The Patient Care Service Provided Shall Be Included In The Participating Facility Data Collection Activities Related To Patient And Family Complaints And Satisfaction Issues. Care Provided Shall Respect And Integrate The Patient S Beliefs, Values, And Cultural Influences government Responsibilities contract Performance Monitoring contractor's Employee(s) Shall Report To The Laboratory Central Processing Area, Upon Arrival At The Va For Specimen Pickup. monitoring Of Contractor S Performance Shall Be Demonstrated Through Clinical And Administrative Record Reviews. Cor Will Be Responsible For Verifying Contract Compliance. Contracting Officer's Representative(s) (cor) Will Designate Appropriate Va Personnel To Monitor Services Through One Or A Combination Of The Following Mechanisms: departments Being Served Will Monitor Contractor Performance To Ensure That Services Called For In The Contract Have Been Received By Va In A Timely Manner. Any Incidents Of Contractor Noncompliance As Evidenced By The Monitoring Procedures Will Be Forwarded Immediately To The Contracting Officer. documentation Of Services Performed Will Be Reviewed Prior To Certifying Payment. The Cor Will Perform Periodic Spot Checks And Document With The Using Service To Ensure Records Monitoring. Va Will Pay Only For Services Actually Provided, And In Strict Accordance With The Price/cost Schedule. Contract Monitoring And Recordkeeping Procedures Will Be Sufficient To Ensure Proper Payment And Allow Audit Verification That Services Were Provided. departments Being Served, Through The Cor(s), Will Provide A Written Statement Annually To The Contracting Officer To Include A Summary Of Contractor Actions And A Statement That All Requirements Of The Contract Have Been Fulfilled As Agreed. This Summary Evaluation Will Be Submitted 45 Days Prior To Expiration Of Contract (and/or Prior To Ordering Periods, If Applicable). quality Assurance Monitoring contractor Shall Maintain A Quality Assurance Program Related To Reference Laboratory Services Covered Under This Contract. contractor Shall Also Participate In A Joint Quality Assurance Surveillance Program (qasp) With The Government Facilities. This Program Must Minimally Address The Quality Aspects Representative To The Testing Process, I.e., Pre-analytical, Analytical, And Post-analytical Variables And Include A Description Of Monitoring And Evaluation Activities. There Must Be A Mutually Agreed Upon Procedure For Responding To Issues, Problems And/or Concerns Identified By The Government With Details As To Whom And In What Timeframe The Matters Will Be Reconciled. The Issues That May Need To Be Addressed May Be General In Nature Or Specific To An Incident Or Event. The Contractor Will Meet Or Communicate With The Facility/visn Staff For Process Review And Improvement Of Contract Performance On An As Needed Basis. copies Of Licensure/certifications Are Also Required To Be Submitted Upon Request By The Va. performance Standards licensing, Accreditation, & Certification performance Requirement: Contractor Shall Maintain And Provide Clia Certification, Cap Accreditation, Or Equivalent; Along With Applicable Osha, Federal, And State Laws For All Laboratories, Including Any Subcontractors. standard: Proper Certifications Shall Be Kept Up To Date For The Entire Performance Of This Agreement. This Includes All Ordering Periods. acceptable Quality Level (aql): 100% Meets Standard, No Deviations Are Authorized. surveillance Method: Periodic Sampling frequency: Contractor Shall Provide All Requested Licenses, Accreditations, And Certifications Upon Request Of The Government At Any Time For All Laboratories, To Include All Subcontractors. technical Quality performance Requirement: Produce High-quality, Consistent Access To Reports, Test Code Changes, Errors In Technical Transmission Issues. standard: Meets Quality Requirements. acceptable Quality Level (aql): 95% Meets Standard surveillance Method: Quarterly Review frequency: Cor To Review Issues With Interfacing And Notifications Of Test Code Changes, Issues With Test Code Results. timeliness performance Requirement: Processes Specimens And Report Test Results Within The Stated Turn-around-times. standard: Timely Courier Pick-ups, Specimen Processing And Reporting Of All Test Results. acceptable Quality Level (aql): 90% Meets Standard surveillance Method: Periodic Sampling frequency: Cor Will Review Monthly Reports test Accuracy performance Requirement: Contractor Shall Provide Accurate Testing In Accordance With The Tests, Test Codes, Test Descriptions, Specimen Processing, And Test Results. standard: Number Of Modified Test Results, Not Due To Incorrect Requisition Information From Referring Lab. acceptable Quality Level (aql): < 0.02% Of All Patient Results Received. surveillance Method: Monthly Review frequency: Cor Will Review Monthly Reports. transportation & Sample Integrity performance Requirement: Transportation And Quality Standards Outlined In The Performance Work Statement (pws). standard: Ensures Integrity Of Samples During Transportation To The Performing Laboratory. acceptable Quality Level (aql): < 3 Lost Specimens. surveillance Method: Monthly Review. frequency: Cor Will Review Monthly Reports And Courier Pick-up Logs. anatomic Pathology Random Review performance Requirement: Contractor Shall Perform Retrospective Case Review. standard: Staff Pathologist To Provide Case Reviews Of 10% Of All Cases For Pathology, Surgical, Cytology, Hematopathology, Mohs, And Fine Needle Aspirate, Etc. acceptable Quality Level (aql): 100% Review And Documenting Of 10% Of All Cases. surveillance Method: Monthly Review frequency: Contractor Shall Provide A Monthly Report To Each Facility Cor Providing All Results Of Each Review Completed. billing And Invoicing performance Requirement: Contractor Shall Ensure Only Tests Listed In The Award (test Codes And Descriptions) Are Billed Through The Award Account. Contractor Shall Ensure That They Meet All Invoicing And Billing Requirements Established In The Award. standard: Proper And Correct Invoicing. acceptable Quality Level (aql): 90% surveillance Method: Monthly Review. frequency: Contractor Shall Submit On-time Invoices With All Required Information Monthly As Established In This Award. tracking Purchase Card Transactions performance Requirement: Contractor Shall Follow The Procedures In Attachment 7 standard: Proper And Correct Tracking And Notification Of Test Results Delivery And Payment acceptable Quality Level (aql): 90% surveillance Method: Monthly Review frequency: Contractor Shall Submit Monthly Tracking Spreadsheet As Established In Attachment 7 contract Increases Up To 20% Of Total Contract Value due To The Unpredictable Nature Of The Quantities And Types Of Tests That Will Be Required, Any Estimations Will Fall Short Of Accurate. Therefore, The Va Reserves The Right To Increase The Total Value Of The Contract Up To No More Than 20% Of The Total Contract Value By Increasing The Estimated Quantities Of Tests Required, And/or Adding New Tests To The List Via A Supplemental Agreement In Accordance With Far 52.212-4. These Modifications Will Occur On An Estimated Quarterly Basis. invoicing Instructions invoice Requirements And Supporting Documentation: Supporting Documentation And Invoice Must Be Submitted No Later Than The 20th Workday Of The Month For The Month Prior. Subsequent Changes Or Corrections Shall Be Submitted By Separate Invoice. In Addition To Information Required For Submission Of A Proper Invoice In Accordance With Far 52.212-4 (g), All Invoices Must Include: name And Address Of Contractor invoice Date And Invoice Number contract Number And Purchase/task Order Number date Of Service invoices Shall Not Include Any Pii Such As Full Name, Social Security Number, Or Date Of Birth.â  attached Excel Spreadsheet Reference Lab Invoice Summary For Each Month With The Total Quantity For The Corresponding Invoice (this Shall Include Every Test In Order As They Appear In The Award, Even If The Total Is Zero For That Month). invoices Shall Include The Correct Po. Invoices Shall Be Submitted Electronically Through Tungsten Services And Be Certified By Va Cor For Payment. any Test Code Names And/or Quantities On A Contract Invoice That Was Paid For Using A Purchase Card Transaction Will Cause The Invoice To Be Rejected In It S Entirety. any Test Code Names And/or Quantities That Were Not Able To Be Provided Due To Specimen Integrity Failure Will Cause The Invoice To Be Rejected In It S Entirety. when Invoicing, Prior To The Test Name Being Updated Via Contract Modification, The Contractor Shall Reference Both The Previous Test Code Name And New Test Code Name On The Invoice.

Details: 10 9 this Is A Sources Sought Notice Only. This Is Not A Solicitation For Bids, Proposals, Proposal Abstracts, Or Quotations. The Purpose Of This Sources Sought Notice Is To Obtain Information Regarding The Availability And Capability Of All Qualified Sources To Perform A Potential Requirement. The Responses Received From Interested Contractors Will Assist The Government In Determining The Appropriate Acquisition Method. the Intended Contract Is A Firm-fixed Price. the Department Of Veterans Affairs (va), Network Contracting Office (nco) 20, Is Conducting Market Research To Identify Potential Sources Which Can Provide The Following In Support Of The Veterans Health Administration, Veterans Integrated Service Network (visn) 20. Visn 20 Includes Services Areas In Alaska, Idaho, Oregon, And Washington. visn 20 Has A Need For A One-year Contract For Vaultara Software Licensing Renewal And Support Services (see Requirement Information). vendor Shall Be An Oem, Authorized Dealer, Authorized Distributor, Or Authorized Reseller For The Proposed Equipment/system, Verified By An Authorization Letter Or Other Documents From The Oem. All Software Licensing, Warranty And Service Associated With The Equipment/system Shall Be In Accordance With The Oem Terms And Conditions. potential Candidates Having The Capabilities Necessary To Provide The Stated Services At A Fair And Reasonable Price Are Invited To Respond To This Sources Sought Notice Via E-mail To Jennifer Robles At Jennifer.robles1@va.gov No Later Than March 6, 2025, 3pm, Mountain Time. No Telephone Inquiries Will Be Accepted. responses Should Include The Following Information: Company Name, Address, Sam Uei, And Business Size; Point Of Contact Name, Phone Number, And E-mail Address; Whether Services Are Presently Offered On A Current Gsa Federal Supply Schedule Contract, Nasa Sewp, Or Any Other Federal Contract. Naics Code 513210, $47 Million, Is Applicable To Determine Business Size Standard. Any Questions Or Concerns May Also Be Directed Via Email To Jennifer Robles At Jennifer.robles1@va.gov. requirement Information: background. 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. 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. the Visn 20 Network Of Eight (8) Health Care Facilities Is 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. vaultara Provides A Cloud-based Set Of Applications That Provides Fast, Secure, Contact-less Access To Imaging And Medical Data For Sharing Among Healthcare Partners. Vaultara Is Used By The Va Visn20 To Share Medical Images And Files With Outside Healthcare Providers, Veterans, And Other Va Facilities. The Use Of Vaultara S Applications Eliminates The Need For Writing Cd-roms, Then Hand-carrying Or Mailing The Cds-roms, And Importing Them Back Into The Outside Hdo S Pacs. This Export, Distribution, And Import Process Is Time-consuming And Prone To Problems Including Lost Cds, Dysfunctional Cds That Cannot Be Accessed By Facilities, Failures Related To Network Security Or Systems Incompatibility, And A Host Of Other Possible Problems. Vaultara S Cloud-based Solution Eliminates These Problems. vaultara And Va Acknowledge The Need For Veterans, Other Va Facilities, And Outside Healthcare Providers To Be Able To Use Vaultara S Technology, And Shall Be Able To Do So At No Cost To The Veteran, Va Facility Outside Of Visn 20, Or Outside Healthcare Provider As Long As This Contract Remains Valid And Active. This Contract Also Provides Visn 20 The Ability To Connect To An Unlimited Number Of External Healthcare Providers, Va Facilities, And Veterans Via Any Method Of Transaction Delivery That Vaultara Offers, I.e. Via Mpn/glider, Ambra And/or Powershare Interface, Or Manual Web Upload/download. 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, Federal Information Security Management Act (fisma) Of 2002 fips Pub 201, Personal Identity Verification Of Federal Employees And Contractors, March 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 C.f.r. Part 1194 Electronic And Information Technology Accessibility Standards, July 1, 2003 office Of Management & Budget (omb) Circular A-130, Management Of Federal Information Resources, November 28, 2000 32 C.f.r. 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/) scope. vaultara Shall Provide Troubleshooting Support, Maintenance Services, Software Upgrades, And Security Updates To The Solution At Minimum As Needed And Stipulated By Va. Vaultara Must Respond To Trouble Tickets Submitted By Va Within 4 Hours And Provide Daily Updates Thereafter Until The Ticket Is Closed, And Weekly Updates Until The Issue Is Deemed Resolved By Va. Vaultara Must Ensure 95% Uptime Of The System Throughout The Duration Of This Contract. the Contracted Vendor Shall Provide Software, Software Licenses, Installation Services, Configuration, And Maintenance And Support Services For Vaultara Hybrid Cloud-based Software Applications, Support And Training As Follows For The Locations Stipulated Below: item Information item Number description Of Supplies/services quantity unit unit Price amount 0001 12.00 ea __________________ __________________ license Renewal On Delivery For Visn 20 Flight Va Product local Stock Number: Va_annuallic 0002 12.00 ea __________________ __________________ monthly Maintenance Paid Quarterly In Arrears For Visn 20 Flight Va Product Unlimited Ccn & Private Hospital Connections, Mpn Connections To Ccns Through Ambra And/or Powershare. Include: Ongoing User Training If Required Ongoing Software Updates Full Product Maintenance Support Unlimited Transactions With No Files Size Limitations Access To New Product Features And Benefits local Stock Number: Va_annualmai 0003 12.00 ea __________________ __________________ license Renewal On Delivery For Visn 20 Annual Flight Advanced Auditing Module local Stock Number: Va_aam 0004 12.00 ea __________________ __________________ monthly Maintenance Paid Quarterly In Arrears For Visn 20 Annual Flight Advanced Auditing Module Flight Advanced Auditing Module Will Provide Automated Auditing Functionality And Reconciliation Of Transactions From The Flight Image Sharing Solutions With Current Va Auditing Systems. Advance Auditing Module Will Track All Outbound And Inbound Transactions To Meet Current Va Guidelines And Supply Needed Transaction Details Directly To Va Auditing System. include: Ongoing User Training If Required Ongoing Software Updates Full Product Maintenance Support Unlimited Transactions With No Files Size Limitations Access To New Product Features And Benefits local Stock Number: Va_annualmai 0005 12.00 ea __________________ __________________ license Renewal On Delivery For Visn 20 Annual Flight Endopro Module For The 5 Visn 20 Sites (pug, Por, Ros, Boi, Spo) local Stock Number: Va_endopro 0006 12.00 ea __________________ __________________ monthly Maintenance Paid Quarterly In Arrears For Visn 20 Annual Flight Endopro Module For The 5 Visn 20 Sites (pug, Por, Ros, Boi, Spo) Flight Endopro Module Will Allow For Direct Dicom Sends From The Endopro Solution Into Vaultara Flight Image Sharing Console. The Endopro Module Provides A Streamlined Interface To Endopro Application For Easy Sharing Of Gastroenteraology And Pulmonology Images And Reports. Include: Ongoing User Training If Required Ongoing Software Updates Full Product Maintenance Support Unlimited Transactions With No Files Size Limitations Access To New Product Features And Benefits local Stock Number: Va_annualmai 0007 12.00 ea __________________ __________________ license Renewal On Delivery For Visn 20 Annual Flight Pinnacle For The 1 Site Listed (pug) local Stock Number: Va_pinnacle 0008 12.00 ea __________________ __________________ monthly Maintenance Paid Quarterly In Arrears For Visn 20 Annual Flight Pinnacle For The 1 Site Listed (pug) Flight Pinnacle Module Will Allow For Direct Dicom Sends From The Pinnacle Solution In To Vaultara Flight Image Sharing Console. The Pinnacle Module Provides A Streamlined Interface To Pinnacle Without The Need Of Dicom Q/r Functionality. include: Ongoing User Training If Required Ongoing Software Updates Full Product Maintenance Support Unlimited Transactions With No Files Size Limitations Access To New Product Features And Benefits local Stock Number: Va_annualmai 0009 12.00 ea __________________ __________________ license Renewal On Delivery For Visn 20 Annual Extended Anonymization Routines Module local Stock Number: Va_ear 0010 12.00 ea __________________ __________________ monthly Maintenance Paid Quarterly In Arrears For Visn 20 Extended Anonymization Routines Module Advanced De-identification / Anonymization Processing Allowing Manual Transactions To Be Subject To Extended Dicom Tag Manipulation. This Module Will Allow An Administrator To Setup A Collection Of Dicom Tag Manipulations, Applied To Transactions By Choice. The Collections Will Contain Pre-set Values For Various Dicom Tags And/or Have The User Prompted For Values At The Point Of The Transaction Being Submitted, Typically Used For Clinical Trial Transactions. include: Ongoing User Training If Require Ongoing Software Updates Full Product Maintenance Support Unlimited Transactions With No Files Size Limitations Access To New Product Features And Benefits local Stock Number: Va_earmaint grand Total __________________ table 1: Visn20 Locations visn station address 20 531-va Boise Medical Center 500 W. Fort Street boise, Id 83702 20 648-va Portland Medical Center Portland Campus 3710 Sw Us Veterans Hospital Road portland, Or 97239-2999 20 653-va Roseburg Health Care System Roseburg Campus 913 Garden Valley Boulevard roseburg, Or 97470 20 663-va Puget Sound Health Care System Seattle Division 1660 South Columbian Way seattle, Wa 98108-1597 20 668-va Spokane Medical Center n. 4815 Assembly Street spokane, Wa 99205 20 687-jonathan M. Wainwright Memorial Va Medical Center 77 Wainwright Drive walla Walla, Wa 99362 20 692-va Southern Oregon Rehabilitation Center And Clinics 8495 Crater Lake Highway white City, Or 97503 20 463- Va Anchorage Healthcare System 1201 North Muldoon Road anchorage, Ak 99504 performance Period. Sept 30, 2025 Through Sept 29, 2026. place Of Performance. Contract Performance Shall Take Place Between Va Locations Above And Contractor S Location(s). travel For Installation, Implementation And Training. The Government Anticipates No 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 The Government Acknowledges The Use Of Remote Access For Installation And Implementation Purposes, Within The Constraints Of All Applicable Va Information Security Requirements 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. invoicing. Invoices Shall Be Submitted Electronically Via The Financial Services Center Mandatory Electronic Invoice System, Upon Delivery Of Licenses And On A Quarterly Basis In Arrears Thereafter For Maintenance And Support Services. 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. hours Of Coverage & Federal Holidays. Maintenance Service Will Be Provided During Regular Coverage Hours Of 8:30am To 5:30pm, Monday Through Friday, Excluding Federal Holidays. The Contractor Shall Contact The Poc Or His/her Designee Prior To Commencing Any Work On The Premises. federal Holidays Are: new Years' Day martin Luther King Day presidents' Day memorial Day independence Day labor Day columbus Day veterans' Day thanksgiving Day christmas Day juneteenth 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. disclaimer And Important Notes: This Sources Sought Notice Does Not Obligate The Government To Award A Contract Or Otherwise Pay For The Information Provided In Response. The Government Reserves The Right To Use Information Provided By Respondents For Any Purpose Deemed Necessary And Legally Appropriate. The Government Will Treat Any Information Received As Proprietary And Will Not Share Such Information With Other Companies. Any Organization Responding To This Sources Sought Notice Should Ensure That Its Response Is Complete And Sufficiently Detailed To Allow The Government To Determine The Organization's Qualifications To Perform The Work. Respondents Are Advised That The Government Is Under No Obligation To Acknowledge Receipt Of The Information Received Or Provide Feedback To Respondents With Respect To Any Information Submitted. The Government May Or May Not Issue A Solicitation As A Result Of This Announcement. There Is No Solicitation Available At This Time.

Details: Combined Synopsis/solicitation Ht941025q2038 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 Ht941025q2038. The North American Industry Classification System (naics) Code Applicable To This Acquisition Is 325120, Industrial Gas Manufacturing, And The Size Standard Is 1,200 (number Of Employees). This Procurement Will Be Competed As Full And Open Competition. description Of Requirements naval Medical Center San Diego Is Requesting Support For The Refrigerant Removal Service For Multiple Refrigerators Scheduled For Disposal 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- Refrigerant Removal Service For Nmcsd base Period: 24 Mar 2025 – 23 Mar 2026 uom: Job clin 1001- Refrigerant Removal Service For Nmcsd option Year 1: 24 Mar 2026 – 23 Mar 2027 uom: Job clin 2001- Refrigerant Removal Service For Nmcsd option Year 2: 24 Mar 2027 – 23 Mar 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: Offerors Are Encouraged To Submit Product Manufacturer Specifications, Pictures, Brochures, Or And Other Pertinent Technical Information Of The Quoted Items To Facilitate The Evaluation. 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 Thursday, 13 March 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-2038 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 Monday, 17 March 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-2038 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 52.204-16, Commercial And Government Entity Code Reporting 52.204-18, Commercial And Government Entity Code 52.204-24, Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment 52.204-26, Covered Telecommunications Equipment Or Services- Representation 52.212-1, Instructions To Offers-commercial Products And Commercial Services 52.212-2, Evaluation-commercial Products And Commercial Services: (a)the Government Will Award A Contract Resulting From Thissolicitationto The Responsibleofferorwhoseofferconforming To Thesolicitationwill Be Most Advantageous To The Government, Price And Other Factors Considered. The Following Factorsshallbe Used To Evaluateoffers: See Evaluation Factors I, Ii, And Iii Above Technical Andpast Performance, When Combined, Aremore Important Than Price. (b)a Written Notice Of Award Or Acceptance Of Anoffer, Mailed Or Otherwise Furnished To The Successfulofferorwithin The Time For Acceptance Specified In Theoffer,shallresult In A Binding Contract Without Further Action By Either Party. Before Theoffer’s Specified Expiration Time, The Governmentmayaccept Anoffer(or Part Of Anoffer), Whether Or Not There Are Negotiations After Its Receipt, Unless A Written Notice Of Withdrawal Is Received Before Award. (end Of Provision) 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 52.212-5, Contract Terms And Conditions Required To Implement Statues Or Executive Orders- Commercial Products And Commercial Services, Applies To This Acquisition And Includes The Following Clauses By Reference: 52.203-6 Restrictions On Subcontractor Sales To The Government (sep 2006) With Alternate I (oct 1995) 52.209-6 Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment. 52.219-8, Utilization Of Small Business Concerns 52.219-6, Notice Of Total Small Business Set-aside (nov 2011) (15 U.s.c. 644). 52.219-9, Small Business Subcontracting Plan 52.219-27 Notice Of Service-disabled Veteran-owned Small Business Set-aside (nov 2011) (15 U.s.c. 657f) 52.219-28, Post-award Small Business Program Representation 52.222-3, Convict Labor 52.222-19, Child Labor- Cooperation With Authorities And Remedies (dev 2020-o0019 Revision 1) 52.222-35, Equal Opportunity For Veterans 52.222-36, Equal Opportunity For Workers With Disabilities 52.222-37, Employment Reports On Veterans 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving 52.232-33, Payment By Electronic Funds Transfer- System For Award Management 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 252.203-7005, Representation Relating To Compensation Of Former Dod Officials 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 252.225-7055, Representation Regarding Persons That Have Business Operations With The Maduro Regime 252.225-7056, Prohibition Regarding Business Operations With The Maduro Regime 252.232-7003, 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 52.252-1 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) 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)

Details: Digitization, processing and provision of existing building plans for X-Planning and integration into the geoportal. Processing and provision of the development plans for the municipality of Rietz-Neuendorf Project description 1 Initial situation The municipality of Rietz-Neuendorf uses spatially related data and information in many areas of administration. Geodata is collected and maintained by various bodies. In order to improve the availability of data and information and to facilitate their use, the technical construction and operation of an infrastructure node and a geoportal are currently being implemented. However, the geodata storage and structure in the municipality of Rietz-Neuendorf are currently still incomplete and incomplete. The processing of municipal data is therefore necessary. The proposed project for the data processing of further development planning data implements the requirements of GDI-DE and Inspire and with regard to the development planning of the state of Brandenburg (x-Planning specifications). The further expansion of the Brandenburg geodata infrastructure is being extensively funded by a grant. 1.1 Technical framework The municipality of Rietz-Neuendorf does not currently have the technical expertise required to implement the project independently. The necessary services are therefore to be provided as part of the award of the contract in order to implement the project within the approval period. The entire project should, if possible, be continuously supervised by a service provider in order to ensure a harmonized data infrastructure and data provision via web services. In the interests of sustainability, the employees of the municipality of Rietz-Neuendorf will be trained in the continuous operation of the original and interoperable data and services as well as metadata. The training will be financed from the municipality's budget. This will ensure the long-term maintenance of the municipality's geodata infrastructure. 1.2 Technical framework The technical requirements for holding and providing geodata and for setting up and providing web services are basically in place. The data infrastructure of the municipality or that of the geoportal and the associated infrastructure node can read, process and provide various standard input formats (DXF, SHP, XplangML, PostgreSQL/PostGIS etc.) via geoweb services. The Inspire schema transformation into the Inspire data model and the configuration of Inspire-compliant web services (WMS and WFS) for Inspire data and their provision via the existing geoportal or the associated infrastructure node of the municipality still need to be implemented. A corresponding backup routine is available for data backup and data security. 1.3 Source data The municipality of Rietz-Neuendorf has the following development planning information, which is to be provided as part of the GDI BE/BB. - 6 development plans (large-scale) - 10 development plans (medium-sized) - 19 statutes - 14 statute amendments The municipality of Rietz-Neuendorf currently has no metadata in accordance with ISO Standard 19115/19119. The plans to be prepared relate to the area of the municipality of Rietz-Neuendorf. 2 Objectives of the project The aim of the measure is the Xplanung-compliant preparation of the data from existing development planning plans and integration into the geoportal of the municipality of Rietz-Neuendorf in order to create a uniform and harmonized geodata infrastructure and its provision via geoservices on the Internet. The Inspire directive requires web-based online services for the planning data for searching, visualizing and downloading the geodata. It is also required that all geodata and services are described with metadata and can therefore be found, for example, in the Geoportal Brandenburg. In order to ensure the validity of the geodata collected and provided in relation to the data specification, all data, services and metadata are checked against the test classes of the Gdi-de test suite. The data is made available to citizens, businesses and the public in a sustainable and unrestricted manner via the geoportal and web services. This promotes and advances the expansion of the Gdi-bb on a municipal basis. In subsequent use, important application possibilities arise within the framework of urban development planning for planners, architects and surveyors. 2.1 Geodata processing 2.1.1 Urban development planning The data from existing urban development planning plans is processed in accordance with the specifications "xplanung-compliant collection of urban development planning data" of the Brandenburg State Office for Building and Transport (version 3, as of: 05/2022, in short: specifications). 2.2 Geoportal Not applicable 3 Project implementation 3.1 Data preparation The data from existing urban development planning plans is prepared in accordance with the specifications "xplanung-compliant collection of urban development planning data" of the Brandenburg State Office for Building and Transport (version 3, as of: 05/2022, in short: specifications). 3.1.1 IT support The project is continuously supported by a service provider. At the same time, an employee of the municipality of Rietz-Neuendorf will be trained to support the IT infrastructure after the project. This ensures the sustainability of the project and the provision of data. The following software components are to be used and maintained for this purpose: - Geoportal-rietz-neuendorf (based on the "geoportal-kommune") - PostgreSQL (with Postgis) - Mapserver - Hale Studio, converter - CAD, Qgis The "geoportal-kommune" is to be expanded accordingly by the operator as part of the Inspire implementation outside of the current funding measure. This is a proprietary software development independent of Mapserver. This Inspire extension is then also available for the geoportal of the municipality of Rietz-neuendorf. 3.1.2 Data acquisition The vectorization of all development planning data is to be carried out in accordance with No. 4.2 of the specifications in the "redrawing" recording quality and in accordance with No. 4.3 of the specifications in the "selected plan contents" recording depth. 3.1.3 Creation of geoservices, Inspire implementation and metadata Configuration of web services (WMS and WFS) for original data The geodata recorded in accordance with Xplanung in the Xplangml format are imported into a geodatabase of the infrastructure node that is already in operation using a conversion routine, which uses a simplified data model. Geoweb services (WFS 2.0 and WMS 1.3.0) that access this database are set up, configured and tested in compliance with OGC requirements and GDI standards. 1 WFS and 1 WMS are created for each Xplan. Inspire schema transformation into the Inspire data model The original data are transferred to the Inspire Planned Land Use data model using the Hale Studio transformation software. Another, interoperable geodata set is created parallel to the original data set. It is transformed in accordance with the following data specification: Inspire Data Specification On Planned Land Use - Technical Guidelines: https://inspire.ec.europa.eu/file/1521/download?token=rc4oolla Configuration of Inspire-compliant web services (WMS and WFS) for Inspire data The transformed geodata is summarized using a conversion routine and imported into a geodatabase. Geoweb services (WFS 2.0 and WMS 1.3.0) are set up in compliance with OGC requirements, Inspire specifications and GDI standards, which provide the processed, interoperable geodata. One Inspire view and one Inspire download service are created for the entire municipal area, which provide the data previously recorded and stored in the infrastructure node already in operation across all plans and in a collective manner. Metadata capture (Inspire) The metadata of the geodata and web services are captured using the PROMIS software (https://geoportal.brandenburg.de/promis-online/login/auth) and published in the Brandenburg metadata catalog (csw-bb). Relevant for this are the Inspire identification using the keyword "InspireIdentified", conformity information in the metadata and information on the selected annex topic. The labeling of the metadata of the data in accordance with the implementing regulation for high-quality data sets is checked and implemented where necessary. Validation of the Inspire data and metadata Metadata, geodata and web services are checked for Inspire conformity and corrected if necessary. Validation is carried out using the GDI test suite (https://testsuite.gdi-de.org/) and the ETF validator (https://inspire.ec.europa.eu/validator/home/index.html). 3.2 Project completion The results are summarized in a report. Proof of use for the project completion is created and invoices are submitted. In addition, presentation files are prepared for presentations at workshops, in committees and at conferences. A presentation at the next contact workshop in Brandenburg will be coordinated with the contact point of the Gdi-de. 3.3 Geoportal Not applicable

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 A Universal 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 Materials For The Rehabilitation Of Water System, Brgy. Catubig Badiangan, Iloilo. Project Identification No. 2025-012-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 421,670.00. 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) And 5.2(c), 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 421,670.00 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 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. 27.1 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 20% Municipal Development Fund 2025 Of The Local Government Of Badiangan, Iloilo. The Total Approved Budget For The Contract Is Four Hundred Twenty One Thousand Six Hundred Seventy Pesos Only (p 421,670.00) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At Brgy. Catubig, 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 Brgy. Catubig, 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 Engr. Rosilia A. Villa, Municipal Engineer, 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. Screened Gravel ¾ 8 Cu.m. 8 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 2. R.c. Pipe 3”x18” 32 Cu.m. 32 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 3. Portland Cement 30 Bags 30 Bags 30 Calendar Days Upon Receipt Of P.o. 4. Washed Sand 4 Sets 4 Sets 30 Calendar Days Upon Receipt Of P.o. 5. Filling Materials 20 Cu.m. 20 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 6. 10mmø Dsb 25 Lgths. 25 Lgths. 30 Calendar Days Upon Receipt Of P.o. 7. #16 Tie Wire 3 Kgs. 3 Kgs. 30 Calendar Days Upon Receipt Of P.o. 8. ¾” Ordinary Plywood 2 Shts. 2 Shts. 30 Calendar Days Upon Receipt Of P.o. 9. Lumber 2”x2”x12 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 10. C.w. Nails Assorted 2 Kgs. 2 Kgs. 30 Calendar Days Upon Receipt Of P.o. 11. ¼ Ord. Plywood 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 12. Tarpaulin W/ Print 4x8 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 13. C.w. Nails 4” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 14. C.w. Nails 1 1/2” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 15. 2x2x8 Good Lumber 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. 16. Submersible Pump Pencil Type 2.0hp Coupled With Electric Submersible Motor 220v, 3 Inches With Control Box 1 Set 1 Set 30 Calendar Days Upon Receipt Of P.o. 17. 5kva, 5000watts Automatic Voltage Regulator 1 Set 1 Set 30 Calendar Days Upon Receipt Of P.o. 18. Liquid Level Control W/ Electrode 1 Set 1 Set 30 Calendar Days Upon Receipt Of P.o. 19. Submersible Cable #10 (3-wire) 20 Mtrs. 20 Mtrs. 30 Calendar Days Upon Receipt Of P.o. 20. 1 ¼” G.i. Pipe Sched.40 1 Length 1 Length 30 Calendar Days Upon Receipt Of P.o. 21. Swing Valve 1 ¼” 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 22. G.i. Nipple 1 1/4x6” 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 23. G.i. Elbow 1 1/4x90° 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 24. Duplex Wire #6 400 Mtrs. 400 Mtrs. 30 Calendar Days Upon Receipt Of P.o. 25. Circuit Breaker 30a 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 26. Sdr11 Pipe 1 ¼” 420 Mtrs. 420 Mtrs. 30 Calendar Days Upon Receipt Of P.o. 27. Hdpe Coupling 1 ¼” 9 Pcs. 9 Pcs. 30 Calendar Days Upon Receipt Of P.o. 28. Hdpe Reducer 1 ¼”x1” 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 29. Hdpe Pipe 1” 100 Mtrs. 100 Mtrs. 30 Calendar Days Upon Receipt Of P.o. 30. Sdr11 Pipe 2” 240 Mtrs. 240 Mtrs. 30 Calendar Days Upon Receipt Of P.o. 31. Gate Valve Brass 2” 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 32. Hdpe Tee 2” 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 33. Hdpe Coupling 2” 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ 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. Screened Gravel ¾ 2. R.c. Pipe 3”x18” 3. Portland Cement 4. Washed Sand 5. Filling Materials 6. 10mmø Dsb 7. #16 Tie Wire 8. ¾” Ordinary Plywood 9. Lumber 2”x2”x12 10. C.w. Nails Assorted 11. ¼ Ord. Plywood 12. Tarpaulin W/ Print 4x8 13. C.w. Nails 4” 14. C.w. Nails 1 1/2” 15. 2x2x8 Good Lumber 16. Submersible Pump Pencil Type 2.0hp Coupled With Electric Submersible Motor 220v, 3 Inches With Control Box 17. 5kva, 5000watts Automatic Voltage Regulator 18. Liquid Level Control W/ Electrode 19. Submersible Cable #10 (3-wire) 20. 1 ¼” G.i. Pipe Sched.40 21. Swing Valve 1 ¼” 22. G.i. Nipple 1 1/4x6” 23. G.i. Elbow 1 1/4x90° 24. Duplex Wire #6 25. Circuit Breaker 30a 26. Sdr11 Pipe 1 ¼” 27. Hdpe Coupling 1 ¼” 28. Hdpe Reducer 1 ¼”x1” 29. Hdpe Pipe 1” 30. Sdr11 Pipe 2” 31. Gate Valve Brass 2” 32. Hdpe Tee 2” 33. Hdpe Coupling 2” Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ 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: ___________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification Number __. 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. Screened Gravel ¾ 8 Cu.m. 2. R.c. Pipe 3”x18” 32 Cu.m. 3. Portland Cement 30 Bags 4. Washed Sand 4 Sets 5. Filling Materials 20 Cu.m. 6. 10mmø Dsb 25 Lgths. 7. #16 Tie Wire 3 Kgs. 8. ¾” Ordinary Plywood 2 Shts. 9. Lumber 2”x2”x12 10 Pcs. 10. C.w. Nails Assorted 2 Kgs. 11. ¼ Ord. Plywood 1 Sheet 12. Tarpaulin W/ Print 4x8 1 Sheet 13. C.w. Nails 4” 1 Kg. 14. C.w. Nails 1 1/2” 1 Kg. 15. 2x2x8 Good Lumber 6 Pcs. 16. Submersible Pump Pencil Type 2.0hp Coupled With Electric Submersible Motor 220v, 3 Inches With Control Box 1 Set 17. 5kva, 5000watts Automatic Voltage Regulator 1 Set 18. Liquid Level Control W/ Electrode 1 Set 19. Submersible Cable #10 (3-wire) 20 Mtrs. 20. 1 ¼” G.i. Pipe Sched.40 1 Length 21. Swing Valve 1 ¼” 1 Pc. 22. G.i. Nipple 1 1/4x6” 2 Pcs. 23. G.i. Elbow 1 1/4x90° 1 Pc. 24. Duplex Wire #6 400 Mtrs. 25. Circuit Breaker 30a 2 Pcs. 26. Sdr11 Pipe 1 ¼” 420 Mtrs. 27. Hdpe Coupling 1 ¼” 9 Pcs. 28. Hdpe Reducer 1 ¼”x1” 1 Pc. 29. Hdpe Pipe 1” 100 Mtrs. 30. Sdr11 Pipe 2” 240 Mtrs. 31. Gate Valve Brass 2” 2 Pcs. 32. Hdpe Tee 2” 1 Pc. 33. Hdpe Coupling 2” 4 Pcs. 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 Tractors And Implements (procurement/ Contract No. 003) 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 16 Section Iv. General Conditions Of Contract 19 Section V. Special Conditions Of Contract 22 Section Vi. Schedule Of Requirements 27 Section Vii. Technical Specifications 29 Section Viii. Bidding Forms 45 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 Tractors And Implements 1. The Bureau Of Corrections, Through The Fund 284 (income) Intends To Apply The Sum Of Forty-one Million One Hundred Twenty-five Thousand Pesos Only (₱41,125,000.00) Being The Abc To Payments Under The Contract For Supply And Delivery Of Tractors And Implements With Identification Number ___2025-003___. 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 By Within Sixty (60) Calendar Days. Bidders Should Have Completed, Within The Last Four (4) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project Equivalent To At Least Fifty Percent (50%) 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 March 22, 2025 (08: 00am To 05:00 Pm) To April 15, 2025 (08:00am To 01:59pm)_ 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 Twenty-five (₱25,000.00) 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 _april 2, 2025 (02:00 Pm)___ 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 _april 15, 2025 (01:59 Pm)_. 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 __april 15, 2025 (02:00 Pm)__ 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 March 22, 2025 (08: 00am To 05:00 Pm) To April 15, 2025 (08:00am To 01:59pm) Supply Division Bureau Of Corrections Muntinlupa City 2. Pre-bid Conference April 2, 2025 (02:00 Pm) Bac Conference Room Bureau Of Corrections Muntinlupa City 3. Submission And Opening Of Bid Documents April 15, 2025 (02:00 Pm) 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: Csinsp Francis Jade P Pajunar Office Of The Bac Secretariat Supply Office, Bureau Of Corrections, Muntinlupa City Tel # 02-8809-8587/02-8478-0907/02-8659-0833 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 Tractors And Implements {[insert, If Applicable:] Under A Framework Agreement}, 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 Tractors And Implements 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 Fund 284 (income) In The Amount Of Forty-one Million One Hundred Twenty-five Thousand Pesos Only (₱41,125,000.00) 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. [select One, Delete Other/s] A. 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. B. Foreign Ownership Limited To Those Allowed Under The Rules May Participate In This Project. 5.3. Pursuant To Section 23.4.1.3 Of The 2016 Revised Irr Of Ra No.9184, The Bidder Shall Have An Slcc That Is At Least One (1) Contract Similar To The Project The Value Of Which, Adjusted To Current Prices Using The Psa’s Cpi, Must Be At Least Equivalent To: A. For The Procurement Of Non-expendable Supplies And Services: The Bidder Must Have Completed A Single Contract That Is Similar To This Project, Equivalent To At Least Fifty Percent (50%) Of The Abc. 5.4. The Bidders Shall Comply With The Eligibility Criteria Under Section 23.4.1 Of The 2016 Irr Of Ra No. 9184. 6. Origin Of Goods There Is No Restriction On The Origin Of Goods Other Than Those Prohibited By A Decision Of The Un Security Council Taken Under Chapter Vii Of The Charter Of The Un, Subject To Domestic Preference Requirements Under Itb Clause 18. 7. Subcontracts 7.1. The Bidder May Subcontract Portions Of The Project To The Extent Allowed By The Procuring Entity As Stated Herein, But In No Case More Than Twenty Percent (20%) Of The Project. The Procuring Entity Has Prescribed That: A. Subcontracting Is Not Allowed. 7.2. [if Procuring Entity Has Determined That Subcontracting Is Allowed During The Bidding, State:] The Bidder Must Submit Together With Its Bid The Documentary Requirements Of The Subcontractor(s) Complying With The Eligibility Criteria Stated In Itb Clause 5 In Accordance With Section 23.4 Of The 2016 Revised Irr Of Ra No. 9184 Pursuant To Section 23.1 Thereof. 7.3. [if Subcontracting Is Allowed During The Contract Implementation Stage, State:] The Supplier May Identify Its Subcontractor During The Contract Implementation Stage. Subcontractors Identified During The Bidding May Be Changed During The Implementation Of This Contract. Subcontractors Must Submit The Documentary Requirements Under Section 23.1 Of The 2016 Revised Irr Of Ra No. 9184 And Comply With The Eligibility Criteria Specified In Itb Clause 5 To The Implementing Or End-user Unit. 7.4. Subcontracting Of Any Portion Of The Project Does Not Relieve The Supplier Of Any Liability Or Obligation Under The Contract. The Supplier Will Be Responsible For The Acts, Defaults, And Negligence Of Any Subcontractor, Its Agents, Servants, Or Workmen As Fully As If These Were The Supplier’s Own Acts, Defaults, Or Negligence, Or Those Of Its Agents, Servants, Or Workmen. 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, Poblacion, 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 Four (4) 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 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 Until [indicate Date]. 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. Four Wheel Tractors. B. Completed Within The Last Four (4) Years Equivalent To At Least Fifty Percent (50%) 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 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 1. 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 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 5.2 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Repair Or Replace The Defective Goods Or Parts Thereof Without Cost To The Procuring Entity, Pursuant To The Generic Procurement Manual. 6. Liability Of The Supplier The Supplier’s Liability Under This Contract Shall Be As Provided By The Laws Of The Republic Of The Philippines. If The Supplier Is A Joint Venture, All Partners To The Joint Venture Shall Be Jointly And Severally Liable To The Procuring Entity. Section V. Special Conditions Of 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 Bureau Of Corrections. Qty. Unit Particulars Delivered To 4 Sets 4-wheel Tractor With Implements Implements: Rotary Tiller Disk Plow Hauling Trailer Trailing Harrow Corn Seeder Ippf 2 Sets 4-wheel Tractor With Implements Implements: Rotary Tiller Disk Plow Hauling Trailer Trailing Harrow Corn Seeder Sppf 1 Set 4-wheel Tractor With Implements Implements: Rotary Tiller Disk Plow Hauling Trailer Trailing Harrow Corn Seeder Lrp 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, General Services Division. 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 One (1) Month 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 Tiac Technical Inspection And Acceptance Committee. Representative From Supply Division To Be Witnessed By: Coa Representative The Goods Shall Be Accepted By The End User After Passing The Inspection Of The Tiac (technical Inspection And Acceptance Committee). 5.1 In Order To Assure That Manufacturing Defects Shall Be Corrected By The Supplier, A Warranty Shall Be Required From The Supplier As Provided Under Section 62.1 Of The 2016 Revised Irr Of Ra No. 9184. 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 Tractors And Implements The Delivery Schedule Expressed As Weeks/months Stipulates Hereafter A Delivery Date Which Is The Date Of Delivery To The Project Site. Quantity Unit Description Delivered, Weeks/months 7 Sets 4-wheel Tractor With Implements Implements: Rotary Tiller Disk Plow Hauling Trailer Trailing Harrow Corn Seeder (one (1) Unit Each Per Set) Distribution: 4 Sets To Ippf 2 Sets To Sppf 1 Set To Lrp 60 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 Technical Specifications Item No. Specifications Statement Of Compliance [bidders Must State Here Either “comply” Or “not Comply” Against Each Of The Individual Parameters Of Each Specification Stating The Corresponding Performance Parameter Of The Equipment Offered. Bidders Should Likewise Indicate The “brand” To Be Offered, Or The Manufacturer’s Name. Statements Of “comply” Or “not Comply” Must Be Supported By Evidence In A Bidders Bid And Cross-referenced To That Evidence. Evidence Shall Be In The Form Of Manufacturer’s Un-amended Sales Literature, Unconditional Statements Of Specification And Compliance Issued By The Manufacturer, Samples, Independent Test Data Etc., As Appropriate. A Statement That Is Not Supported By Evidence Or Is Subsequently Found To Be Contradicted By The Evidence Presented Will Render The Bid Under Evaluation Liable For Rejection. A Statement Either In The Bidder's Statement Of Compliance Or The Supporting Evidence That Is Found To Be False Either During Bid Evaluation, Post-qualification Or The Execution Of The Contract May Be Regarded As Fraudulent And Render The Bidder Or Supplier Liable For Prosecution Subject To The Applicable Laws And Issuances.] Item No. Specifications Statement Of Compliance Brand 1 4-wheel Tractor With Implements - Transmission 8 Forward, 8 Reverse - Pto Power: At Least 85% Of The Rated Power As Its Minimum - Naturally Aspirated - Specific Fuel Consumption 300 G/kw-hr - Fuel Consumption Is 10 Liter Per Hour As Maximum With Complete Tool And Accessories 2 Rotary Tiller - Chain Type - At Least 36 Blades - Cutting Width: 1.9 Meters Weight Should Not Be Over 325 Kgs 3 Disk Plow - Disc Size: 4 Disc, Minimum - Diameter: 22 Inches - Working Depth: 200 Mm 4 Hauling Trailer - Capacity Of 1.5 Tons Or Higher - No. Of Studs: 6 5 Trailing Harrow - No. Of Blades: 14 Pcs - No. Of Gang: 2 - Disc Diameter: 22 Inches 6 Corn Seeder -drive System: Ground Wheel -no Of Rows: 4 Rows -planting Row Pitch: 500-750 Mm -seed Hopper Capacity: 20 Kg -fertilizer Hopper Capacity: 30 Kg -material: Stainless Steel I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Specifications. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Specifications Statement Of Compliance A. Prime Mover Rated Power: 48-52 Hp No. Of Cylinder: 4 Cylinder Stroke Cycle: Four Stroke Cooling System: Water Cooled Fuel Injection System: Direct Or Indirect Fuel Ignition/fuel: Compression Ignition (diesel) B. Performance/classification Minimum Hydraulic Lift: 0.31 Kn/kw Pto Power: 85% (minimum) Specific Fuel Consumption: 350 G/kw-hr Aspiration Method: Naturally Aspirated Steering System: Integral Type Power Steering Transmission System: Synchromesh No. Of Drive: 4 Conformity To Pns/bafs/pabes 301:2020 Production Machinery-four-wheel Tractor Specifications (signed And Sealed By A Licensed Agricultural And Bio Systems Engineer) Certificate Of Warranty, 1 Year From The Date Of Delivery (specify Parts Included In The Warranty) Conform With Paes(signed And Sealed By A Licensed Agricultural And Bio Systems Engineer) Technical Specifications Shall Be Signed And Sealed By Licensed Agricultural And Bio Systems Engineer Namdac Certification Supplier Shall Have Permit To Operate (pto) Amtec Tested (coupled Amtec Test Report Of The Tractor And Rotary Tiller Being Offered) Conduct Operation And Maintenance Training Supplier Shall Conduct At Least 2 Visits One On The Operation One On The Maintenance 100 % Availability Of Stock During Post Qualification The Brand To Be Offered Must Be Available In The Philippine Market For The Last 25 Years Warranty After Sale Services With Company Owned Service Center Within The Province/region Of Delivery With Dealership Certificate By The Distributor/importer I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Specifications. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date Specifications Statement Of Compliance Equipment Should Be Free From Any Custom Duties And Taxes Upon Delivery Preventive Maintenance Shall Be Shouldered By The Winning Bidder Free Of Charge For A Minimum Of 1 Year All Parts And Services Should Be Available In The Philippines And Should Not Take More Than 30 Days I/we Hereby Commit To Comply And Deliver All The Requirement In Accordance With The Above Stated Specifications. Conforme: Name Of Company In Print Signature Printed Name Of Authorized Representative Date 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 Four (4) Years From The Date Of Submission And Receipt Of Bids, A Contract Similar To The Project Equivalent To At Least Fifty Percent (50%) 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 A. Namdac Certification B. Certificate Of Conformity Issued By Bafe For The Tractors And Rotary Being Offered. C. Permit To Operate (pto) From Bafe D. List Of Company Owned Service Centers Within The Province/region Of Delivery E. Certificate Of Dealership Issued By The Distributor/importer F. Amtec Tested (coupled Amtec Test Report Of The Tractor And Rotary Tiller Being Offered)and ⬜ (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 Tractors And Implements 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 Tractors And Implements Statement Of Single (1) Largest Completed Contract Of Similar In Nature Within The Last Four (4) Years From The Date Of Submission And Receipt Of Bids Amounting To At Least Fifty Percent (50%) 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements. 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements 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 Tractors And Implements Quantity Units Agency Specification Abc Unit Price Total Bid Price Inclusive Of Vat 7 Sets 4-wheel Tractor With Implements Implements: Rotary Tiller Disk Plow Hauling Trailer Trailing Harrow Corn Seeder (one (1) Unit Each Per Set) 41,125,000.00 Total Bid Price Inclusive Of Vat In Words [signature Over Printed Name] [in The Capacity Of] Duly Authorized To Sign Bid For And On Behalf Of _______________________________ Sixth Edition July 2020 Bids And Awards Committee 2025

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 A Universal 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 Brgy. Guinawahan, Badiangan, Iloilo 1.2 The Reference Is: Supply And Delivery Of Materials For The Construction Of Sanitary Toilet, Brgy. Guinawahan, Badiangan, Iloilo. Project Identification No. 2025 – 007 – B - Pa. 2.0 The Funding Source Is Through The Gad Fund Of Barangay Guinawahan, Badiangan, Iloilo In The Amount Of P 94,830.00 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 94,830.00 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 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. 27.1 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 The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity 17.5 If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law 18 Delays In The Supplier’s Performance 18.1 Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi – Schedule Of Requirements. 18.2 If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3 Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc 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 Barangay Guinawahan, Badiangan, Iloilo. 1.1(i) The Supplier Is ________________________________. 1.1(j) The Funding Source Is Through The Gad Fund Of Barangay Guinawahan, Badiangan, Iloilo. The Total Approved Budget For The Contract Is Ninety Four Thousand Eight Hundred Thirty Pesos Only (ᵽ 94,830.00) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At Brgy. Guinawahan, Badiangan, Iloilo. 5.1 The Procuring Entity’s Address For Notices Is: Hon. 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 Brgy. Guinawahan, 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 Hon. Jesus Ricky T. Pasmala, Punong Barangay, Brgy. Guinawahan, 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. 40kgs. Portland Cement 44 Bags 44 Bags 30 Calendar Days Upon Receipt Of P.o. 2. Washed Sand 5 Cu.m. 5 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 3. Screened Gravel 3 Cu.m. 3 Cu.m. 30 Calendar Days Upon Receipt Of P.o. 4. 10mmø Rsb 41 Lgths. 41 Lgths. 30 Calendar Days Upon Receipt Of P.o. 5. 9mmø Rsb 16 Lgths. 16 Lgths. 30 Calendar Days Upon Receipt Of P.o. 6. No. 16 Tie Wire 15 Kgs. 15 Kgs. 30 Calendar Days Upon Receipt Of P.o. 7. 4” Chb 260 Pcs. 260 Pcs. 30 Calendar Days Upon Receipt Of P.o. 8. 1/8 Screen 1 Meter 1 Meter 30 Calendar Days Upon Receipt Of P.o. 9. 2x3x6m C-purlin G.i. (1.2mm) 3 Lgths. 3 Lgths. 30 Calendar Days Upon Receipt Of P.o. 10. 2x4x6m C-purlin G.i. (1.5mm) 3 Lgths. 3 Lgths. 30 Calendar Days Upon Receipt Of P.o. 11. Longspan Color Roofing 0.4mmx0.910m Rib Type 8.7 L.m. 8.7 L.m. 30 Calendar Days Upon Receipt Of P.o. 12. Welding Rod 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 13. Texscrew 2-1/2” 50 Pcs. 50 Pcs. 30 Calendar Days Upon Receipt Of P.o. 14. Epoxy Primer Red 1 Liter 1 Liter 30 Calendar Days Upon Receipt Of P.o. 15. Lacquer Thinner 1 Bottle 1 Bottle 30 Calendar Days Upon Receipt Of P.o. 16. 0.60x2.10m Pvc Door W/ Jamb 2 Units 2 Units 30 Calendar Days Upon Receipt Of P.o. 17. Doorknob 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 18. 60x60cm. Rough Tiles (floor) 7 Pcs. 7 Pcs. 30 Calendar Days Upon Receipt Of P.o. 19. 60x60cm. Glaze Tiles (wall) 26 Pcs. 26 Pcs. 30 Calendar Days Upon Receipt Of P.o. 20. 25kgs. Tile Adhesive 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 21. 4” Diamond Cutting Disc (tiles) 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 22. 2kgs. Tile Grout 2 Packs. 2 Packs. 30 Calendar Days Upon Receipt Of P.o. 23. Water Closet W/ Complete Fittings W/o Lavatory 2 Units 2 Units 30 Calendar Days Upon Receipt Of P.o. 24. 4” Pvc Pipe Series 1000 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 25. 4” Pvc Sanitary Tee 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 26. 4” Pvc Elbow 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 27. 4” Stainless Steel Floor Drain 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 28. 2”x4” Pvc Reducer 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 29. 2” Pvc Pipe S40 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 30. 2” Pvc Elbow 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 31. 2” Pvc Tee 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 32. ¾” Pvc Pipe 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 33. ¾” Pvc Elbow 5 Pcs. 5 Pcs. 30 Calendar Days Upon Receipt Of P.o. 34. ¾” Pvc Tee 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 35. ¾” Pvc Ball Valve 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 36. 3/4x1/2” Pvc Reducer 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 37. ½” Pvc Pipe 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 38. ½” Pvc Female Threaded Adaptor 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 39. ½” Pvc Faucet 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 40. 400cc Solvent Cement 1 Can 1 Can 30 Calendar Days Upon Receipt Of P.o. 41. 1/4x4x8 Marine Plywood 2 Shts. 2 Shts. 30 Calendar Days Upon Receipt Of P.o. 42. 2x2x10 Good Lumber 20 Pcs. 20 Pcs. 30 Calendar Days Upon Receipt Of P.o. 43. 4” Cwn 2 Kgs. 2 Kgs. 30 Calendar Days Upon Receipt Of P.o. 44. 2-1/2” Cwn 3 Kgs. 3 Kgs. 30 Calendar Days Upon Receipt Of P.o. 45. 1-1/4” Cwn 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 46. Ord. Plywood ¼ 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 47. Tarpaulin W/ Print 4x8 1 Set 1 Set 30 Calendar Days Upon Receipt Of P.o. 48. 2x2x8 Coco Lumber 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ 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. 40kgs. Portland Cement 2. Washed Sand 3. Screened Gravel 4. 10mmø Rsb 5. 9mmø Rsb 6. No. 16 Tie Wire 7. 4” Chb 8. 1/8 Screen 9. 2x3x6m C-purlin G.i. (1.2mm) 10. 2x4x6m C-purlin G.i. (1.5mm) 11. Longspan Color Roofing 0.4mmx0.910m Rib Type 12. Welding Rod 13. Texscrew 2-1/2” 14. Epoxy Primer Red 15. Lacquer Thinner 16. 0.60x2.10m Pvc Door W/ Jamb 17. Doorknob 18. 60x60cm. Rough Tiles (floor) 19. 60x60cm. Glaze Tiles (wall) 20. 25kgs. Tile Adhesive 21. 4” Diamond Cutting Disc (tiles) 22. 2kgs. Tile Grout 23. Water Closet W/ Complete Fittings W/o Lavatory 24. 4” Pvc Pipe Series 1000 25. 4” Pvc Sanitary Tee 26. 4” Pvc Elbow 27. 4” Stainless Steel Floor Drain 28. 2”x4” Pvc Reducer 29. 2” Pvc Pipe S40 30. 2” Pvc Elbow 31. 2” Pvc Tee 32. ¾” Pvc Pipe 33. ¾” Pvc Elbow 34. ¾” Pvc Tee 35. ¾” Pvc Ball Valve 36. 3/4x1/2” Pvc Reducer 37. ½” Pvc Pipe 38. ½” Pvc Female Threaded Adaptor 39. ½” Pvc Faucet 40. 400cc Solvent Cement 41. 1/4x4x8 Marine Plywood 42. 2x2x10 Good Lumber 43. 4” Cwn 44. 2-1/2” Cwn 45. 1-1/4” Cwn 46. Ord. Plywood ¼ 47. Tarpaulin W/ Print 4x8 48. 2x2x8 Coco Lumber Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: __________________________ 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: ___________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification Number __. 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. 40kgs. Portland Cement 44 Bags 2. Washed Sand 5 Cu.m. 3. Screened Gravel 3 Cu.m. 4. 10mmø Rsb 41 Lgths. 5. 9mmø Rsb 16 Lgths. 6. No. 16 Tie Wire 15 Kgs. 7. 4” Chb 260 Pcs. 8. 1/8 Screen 1 Meter 9. 2x3x6m C-purlin G.i. (1.2mm) 3 Lgths. 10. 2x4x6m C-purlin G.i. (1.5mm) 3 Lgths. 11. Longspan Color Roofing 0.4mmx0.910m Rib Type 8.7 L.m. 12. Welding Rod 1 Kg. 13. Texscrew 2-1/2” 50 Pcs. 14. Epoxy Primer Red 1 Liter 15. Lacquer Thinner 1 Bottle 16. 0.60x2.10m Pvc Door W/ Jamb 2 Units 17. Doorknob 2 Pcs. 18. 60x60cm. Rough Tiles (floor) 7 Pcs. 19. 60x60cm. Glaze Tiles (wall) 26 Pcs. 20. 25kgs. Tile Adhesive 3 Pcs. 21. 4” Diamond Cutting Disc (tiles) 1 Pc. 22. 2kgs. Tile Grout 2 Packs. 23. Water Closet W/ Complete Fittings W/o Lavatory 2 Units 24. 4” Pvc Pipe Series 1000 1 Pc. 25. 4” Pvc Sanitary Tee 2 Pcs. 26. 4” Pvc Elbow 3 Pcs. 27. 4” Stainless Steel Floor Drain 2 Pcs. 28. 2”x4” Pvc Reducer 1 Pc. 29. 2” Pvc Pipe S40 2 Pcs. 30. 2” Pvc Elbow 4 Pcs. 31. 2” Pvc Tee 1 Pc. 32. ¾” Pvc Pipe 1 Pc. 33. ¾” Pvc Elbow 5 Pcs. 34. ¾” Pvc Tee 1 Pc. 35. ¾” Pvc Ball Valve 2 Pcs. 36. 3/4x1/2” Pvc Reducer 1 Pc. 37. ½” Pvc Pipe 1 Pc. 38. ½” Pvc Female Threaded Adaptor 2 Pcs. 39. ½” Pvc Faucet 2 Pcs. 40. 400cc Solvent Cement 1 Can 41. 1/4x4x8 Marine Plywood 2 Shts. 42. 2x2x10 Good Lumber 20 Pcs. 43. 4” Cwn 2 Kgs. 44. 2-1/2” Cwn 3 Kgs. 45. 1-1/4” Cwn 1 Kg. 46. Ord. Plywood ¼ 1 Sheet 47. Tarpaulin W/ Print 4x8 1 Set 48. 2x2x8 Coco Lumber 6 Pcs. 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 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 A Universal 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 Brgy. Tina, Badiangan, Iloilo 1.2 The Reference Is: Supply And Delivery Of Materials For The Improvement Of Roofing Of Basketball Court Shade, Brgy. Tina, Badiangan, Iloilo. Project Identification No. 2025 – 011 – B - Pa. 2.0 The Funding Source Is Through The 20% Barangay Development Fund 2025 Of Barangay Tina, Badiangan, Iloilo In The Amount Of P 200,637.00 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 200,637.00 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 The Scc. The Said Amounts Shall Only Be Released After The Lapse Of The Warranty Period Specified In The Scc; Provided, However, That The Supplies Delivered Are Free From Patent And Latent Defects And All The Conditions Imposed Under This Contract Have Been Fully Met. 17.4 The Procuring Entity Shall Promptly Notify The Supplier In Writing Of Any Claims Arising Under This Warranty. Upon Receipt Of Such Notice, The Supplier Shall, Within The Period Specified In The Scc And With All Reasonable Speed, Repair Or Replace The Defective Goods Or Parts Thereof, Without Cost To The Procuring Entity 17.5 If The Supplier, Having Been Notified, Fails To Remedy The Defect(s) Within The Period Specified In Gcc Clause 17.4, The Procuring Entity May Proceed To Take Such Remedial Action As May Be Necessary, At The Supplier’s Risk And Expense And Without Prejudice To Any Other Rights Which The Procuring Entity May Have Against The Supplier Under The Contract And Under The Applicable Law 18 Delays In The Supplier’s Performance 18.1 Delivery Of The Goods And/or Performance Of Services Shall Be Made By The Supplier In Accordance With The Time Schedule Prescribed By The Procuring Entity In Section Vi – Schedule Of Requirements. 18.2 If At Any Time During The Performance Of This Contract, The Supplier Or Its Subcontractor(s) Should Encounter Conditions Impeding Timely Delivery Of The Goods And/or Performance Of Services, The Supplier Shall Promptly Notify The Procuring Entity In Writing Of The Fact Of The Delay, Its Likely Duration And Its Cause(s). As Soon As Practicable After Receipt Of The Supplier’s Notice, And Upon Causes Provided For Under Gcc Clause 22, The Procuring Entity Shall Evaluate The Situation And May Extend The Supplier’s Time For Performance, In Which Case The Extension Shall Be Ratified By The Parties By Amendment Of Contract. 18.3 Except As Provided Under Gcc Clause 22, A Delay By The Supplier In The Performance Of Its Obligations Shall Render The Supplier Liable To The Imposition Of Liquidated Damages Pursuant To Gcc Clause 19, Unless An Extension Of Time Is Agreed Upon Pursuant To Gcc Clause 29 Without The Application Of Liquidated Damages. 19. Liquidated Damages Subject To Gcc 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 Barangay Tina, Badiangan, Iloilo. 1.1(i) The Supplier Is ________________________________. 1.1(j) The Funding Source Is Through The 20% Barangay Development Fund 2025 Of Barangay Tina, Badiangan, Iloilo. The Total Approved Budget For The Contract Is Two Hundred Thousand Six Hundred Thirty Seven Pesos Only (ᵽ 200,637.00) 1.1(k) The Project Site Or The Delivery Of The Goods Shall Be At Brgy. Tina, Badiangan, Iloilo. 5.1 The Procuring Entity’s Address For Notices Is: Hon. 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 Brgy. Tina, 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 Hon. Myra Lamzon, Punong Barangay, Brgy. Tina, 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. 0.4mm Thk Pre-painted G.i. Roofing Sheet Rib Type 177.60 L.m. 177.60 L.m. 30 Calendar Days Upon Receipt Of P.o. 2. 0.4mm Thk Pre-painted G.i. Fascia 30 Pcs. 30 Pcs. 30 Calendar Days Upon Receipt Of P.o. 3. 0.4mm Thk Pre-painted G.i. End Flashing 16 Pcs. 16 Pcs. 30 Calendar Days Upon Receipt Of P.o. 4. Welding Rod 10 Kgs. 10 Kgs. 30 Calendar Days Upon Receipt Of P.o. 5. Cutting Disc 4” 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 6. Cutt Off Disc 14” 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 7. 1/8x1/2 Blind Rivets 1 Box 1 Box 30 Calendar Days Upon Receipt Of P.o. 8. 3/16x1”x1” Angle Bar 24 Lgths. 24 Lgths. 30 Calendar Days Upon Receipt Of P.o. 9. 1/8x1” Flat Bar 12 Lgths. 12 Lgths. 30 Calendar Days Upon Receipt Of P.o. 10. 3/16x1 1/4x1 ¼ Angle Bar 10 Lgths. 10 Lgths. 30 Calendar Days Upon Receipt Of P.o. 11. 1.2mm Thkx2”x3” G.i. C-purlins 45 Lgths. 45 Lgths. 30 Calendar Days Upon Receipt Of P.o. 12. 1 ½” Teckscrew 840 Pcs. 840 Pcs. 30 Calendar Days Upon Receipt Of P.o. 13. 1.8mmx2 ½”ø G.i. Pipe 2 Tubes 2 Tubes 30 Calendar Days Upon Receipt Of P.o. 14. Grinding Disc 4”x1” 2 Boxes 2 Boxes 30 Calendar Days Upon Receipt Of P.o. 15. Silicone Sealant All Weather 3 Pcs. 3 Pcs. 30 Calendar Days Upon Receipt Of P.o. 16. 2.0mm² Thhn Wire 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 17. Pvc Moulding Electrical ½ 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 18. Junction Box With Cover 5 Pcs. 5 Pcs. 30 Calendar Days Upon Receipt Of P.o. 19. Flexible Connector ½” 20 Pcs. 20 Pcs. 30 Calendar Days Upon Receipt Of P.o. 20. Electrical Tape Big 5 Rolls 5 Rolls 30 Calendar Days Upon Receipt Of P.o. 21. Switch 3-gang Wide Series 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 22. Weather Proof Switch Cover 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 23. Electrical Pipe ½” 10 Pcs. 10 Pcs. 30 Calendar Days Upon Receipt Of P.o. 24. Led Bulb 12w 9 Pcs. 9 Pcs. 30 Calendar Days Upon Receipt Of P.o. 25. Receptacle 3” 9 Pcs. 9 Pcs. 30 Calendar Days Upon Receipt Of P.o. 26. Safety Breaker 15a 1 Pc. 1 Pc. 30 Calendar Days Upon Receipt Of P.o. 27. Rust Converter 2 Gals. 2 Gals. 30 Calendar Days Upon Receipt Of P.o. 28. Anti-corrosive Metal Primer 8 Gals. 8 Gals. 30 Calendar Days Upon Receipt Of P.o. 29. Lacquer Thinner 6 Gals. 6 Gals. 30 Calendar Days Upon Receipt Of P.o. 30. Quick Dry Enamel Colored 2 Gals. 2 Gals. 30 Calendar Days Upon Receipt Of P.o. 31. Steel Brush 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 32. Paint Brush 2” 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 33. Baby Roller 4 Pcs. 4 Pcs. 30 Calendar Days Upon Receipt Of P.o. 34. Paint Pan 2 Pcs. 2 Pcs. 30 Calendar Days Upon Receipt Of P.o. 35. ¼ Ord. Plywood 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 36. Tarpaulin W/ Print 4x8 1 Sheet 1 Sheet 30 Calendar Days Upon Receipt Of P.o. 37. C.w. Nails 4” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 38. C.w. Nails 1 ½” 1 Kg. 1 Kg. 30 Calendar Days Upon Receipt Of P.o. 39. 2x2x8 Good Lumber 6 Pcs. 6 Pcs. 30 Calendar Days Upon Receipt Of P.o. Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: ___________________________ 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. 0.4mm Thk Pre-painted G.i. Roofing Sheet Rib Type 2. 0.4mm Thk Pre-painted G.i. Fascia 3. 0.4mm Thk Pre-painted G.i. End Flashing 4. Welding Rod 5. Cutting Disc 4” 6. Cutt Off Disc 14” 7. 1/8x1/2 Blind Rivets 8. 3/16x1”x1” Angle Bar 9. 1/8x1” Flat Bar 10. 3/16x1 1/4x1 ¼ Angle Bar 11. 1.2mm Thkx2”x3” G.i. C-purlins 12. 1 ½” Teckscrew 13. 1.8mmx2 ½”ø G.i. Pipe 14. Grinding Disc 4”x1” 15. Silicone Sealant All Weather 16. 2.0mm² Thhn Wire 17. Pvc Moulding Electrical ½ 18. Junction Box With Cover 19. Flexible Connector ½” 20. Electrical Tape Big 21. Switch 3-gang Wide Series 22. Weather Proof Switch Cover 23. Electrical Pipe ½” 24. Led Bulb 12w 25. Receptacle 3” 26. Safety Breaker 15a 27. Rust Converter 28. Anti-corrosive Metal Primer 29. Lacquer Thinner 30. Quick Dry Enamel Colored 31. Steel Brush 32. Paint Brush 2” 33. Baby Roller 34. Paint Pan 35. ¼ Ord. Plywood 36. Tarpaulin W/ Print 4x8 37. C.w. Nails 4” 38. C.w. Nails 1 ½” 39. 2x2x8 Good Lumber Name: ____________________________________________________________ Legal Capacity: _____________________________________________________ Signature: _________________________________________________________ Duly Authorized To Sign The Bid For And Behalf Of: __________________________ 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: ___________________________ For Goods Offered From Within The Philippines Name Of Bidder ____________________________ Project Identification Number __. 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. 0.4mm Thk Pre-painted G.i. Roofing Sheet Rib Type 177.60 L.m. 2. 0.4mm Thk Pre-painted G.i. Fascia 30 Pcs. 3. 0.4mm Thk Pre-painted G.i. End Flashing 16 Pcs. 4. Welding Rod 10 Kgs. 5. Cutting Disc 4” 10 Pcs. 6. Cutt Off Disc 14” 1 Pc. 7. 1/8x1/2 Blind Rivets 1 Box 8. 3/16x1”x1” Angle Bar 24 Lgths. 9. 1/8x1” Flat Bar 12 Lgths. 10. 3/16x1 1/4x1 ¼ Angle Bar 10 Lgths. 11. 1.2mm Thkx2”x3” G.i. C-purlins 45 Lgths. 12. 1 ½” Teckscrew 840 Pcs. 13. 1.8mmx2 ½”ø G.i. Pipe 2 Tubes 14. Grinding Disc 4”x1” 2 Boxes 15. Silicone Sealant All Weather 3 Pcs. 16. 2.0mm² Thhn Wire 1 Pc. 17. Pvc Moulding Electrical ½ 2 Pcs. 18. Junction Box With Cover 5 Pcs. 19. Flexible Connector ½” 20 Pcs. 20. Electrical Tape Big 5 Rolls 21. Switch 3-gang Wide Series 2 Pcs. 22. Weather Proof Switch Cover 2 Pcs. 23. Electrical Pipe ½” 10 Pcs. 24. Led Bulb 12w 9 Pcs. 25. Receptacle 3” 9 Pcs. 26. Safety Breaker 15a 1 Pc. 27. Rust Converter 2 Gals. 28. Anti-corrosive Metal Primer 8 Gals. 29. Lacquer Thinner 6 Gals. 30. Quick Dry Enamel Colored 2 Gals. 31. Steel Brush 4 Pcs. 32. Paint Brush 2” 4 Pcs. 33. Baby Roller 4 Pcs. 34. Paint Pan 2 Pcs. 35. ¼ Ord. Plywood 1 Sheet 36. Tarpaulin W/ Print 4x8 1 Sheet 37. C.w. Nails 4” 1 Kg. 38. C.w. Nails 1 ½” 1 Kg. 39. 2x2x8 Good Lumber 6 Pcs. 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.