Republic of the Philippines

DEPARTMENT OF FINANCE
Roxas Blvd., Corner P. Ocampo Sr., Street
Manila 1004

RENTAL OF TRANSPORTATION AND

SHUTTLE SERVICE
FOR THE ADB ANNUAL MEETING 2018

February 2018
ITB NO. 2018-03-G
 TABLE OF CONTENTS

SECTION I. INVITATION TO BID ....................................................................................... 3

SECTION II. INSTRUCTIONS TO BIDDERS ......................................................................... 6
SECTION III. BID DATA SHEET ..................................................................................... 39
SECTION IV. GENERAL CONDITIONS OF CONTRACT ....................................................... 43
SECTION V. SPECIAL CONDITIONS OF CONTRACT ......................................................... 60
SECTION VI. SCHEDULE OF REQUIREMENTS ................................................................. 62
SECTION VII. TECHNICAL SPECIFICATIONS ................................................................... 64
SECTION VIII. BIDDING FORMS .................................................................................... 67

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Section I. Invitation to Bid

3
INVITATION TO BID FOR THE RENTAL OF TRANSPORTATION AND SHUTTLE
SERVICE FOR THE ADB ANNUAL MEETING 2018

1. The DEPARTMENT OF FINANCE (DOF), through the Government of the

Philippines under the General Appropriations Act for FY 2018, intends to apply
the sum of TWO MILLION THREE HUNDRED EIGHTY EIGHT THOUSAND
PESOS (PhP2,388,000.00) being the Approved Budget for the Contract (ABC)
to payments under the contract for the Rental of Transportation and Shuttle
Service. Bids received in excess of the ABC shall be automatically rejected at
bid opening.

2. The DOF, through its Bids and Awards Committee (BAC), now invites bids for
Rental Transportation and Shuttle Service for the ADB Annual Meeting 2018.
Bidders should have completed, within five (5) years from the date of
submission and receipt of bids, a contract similar to the Project which is
equivalent to 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 (R-IRR) of Republic Act (RA) No. 9184,
otherwise known as the “Government Procurement Reform Act”.

Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or

organizations with at least sixty percent (60%) interest or outstanding capital
stock belonging to citizens of the Philippines, and to citizens or organizations of
a country the laws or regulations of which grant similar rights or privileges to
Filipino citizens, pursuant to RA 5183.

4. Interested bidders may obtain further information from the BAC Secretariat and
inspect the Bidding Documents at the address given below during office hours
8:00 am – 5:00 pm.

5. A complete set of Bidding Documents may be acquired by interested Bidders

starting on February 13, 2018 to March 6, 2018 at the BAC Secretariat
Procurement Management Division, 7th Floor, EDPC Building, BSP Complex,
Pablo Ocampo Sr. Street corner Roxas Blvd., Manila and upon payment of a
nonrefundable fee for the Bidding Documents, in the amount of Two Thousand
Four Hundred Pesos (Php2,400.00), pursuant to the latest Guidelines issued by
the GPPB.

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 It may also be downloaded free of charge from the website of the Philippine
Government Electronic Procurement System (PhilGEPS) and the website of the
DOF, provided that the Bidders shall pay the non-refundable fee for the Bidding
Documents not later than the submission of their bids.

6. The schedule of bidding activities is as follows:

ACTIVITIES SCHEDULE
Advertisement/Posting of Invitation to Bid February 13, 2018
Issuance and Availability of Bid Documents starting February 13, 2018
Pre-Bid Conference February 21, 2018, 10:00 am
Request for Clarification February 24, 2018 (by email)
Issuance of Supplemental Bid Bulletin February 27, 2018
Deadline for Submission of Bids March 6, 2018, 9:45 am
Opening of Bids March 6, 2018, 10:00 am
7. Bids must be delivered to the BAC Secretariat, Procurement Management
Division, 7th Floor EDPC Building, BSP Complex, P. Ocampo Sr., Street
corner Roxas Boulevard, Manila on or before March 6, 2018, 9:45 am. The
bidders shall drop their duly accomplished eligibility requirements, technical and
financial proposals in two (2) separate envelopes in the bid box located at the
abovementioned address. All the bids must be accompanied by a bid security
in any of the acceptable forms and in the amount stated in the Instructions to
Bidders (ITB) Clause 18.

8. Bid opening shall be on the date indicated above at the CAO Conference
Room, 7th Floor EDPC Building. Bids will be opened in the presence of the
Bidders’ representatives who choose to attend. LATE BIDS SHALL NOT BE
ACCEPTED.

9. The DOF reserves the right to accept or reject any and all bids, to annul the
bidding process, and to reject all bids at any time prior to contract award,
without thereby incurring any liability to the affected bidder or bidders. In
instances, that may arise and not specifically mentioned herein, the DOF shall
resolve bidding issues by resorting to and applying the pertinent provisions of
RA 9184 and its Revised Implementing Rules and Regulations.

10. For further information, please refer to:

Ms. Liceria A. Te
Department of Finance
BAC Secretariat, Procurement Management Division
7th Floor EDPC Building, BSP Complex
P. Ocampo Sr., Street corner Roxas Boulevard, Manila
Telefax No.: 526-4786
Email Address: [email protected]

GIL S. BELTRAN
Undersecretary and
DOF-BAC Chairperson

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Section II. Instructions to Bidders

6
 TABLE OF CONTENTS

A. GENERAL ................................................................................................................ 9
1. Scope of Bid ................................................................................................. 9
2. Source of Funds ........................................................................................... 9
3. Corrupt, Fraudulent, Collusive, and Coercive Practices ............................... 9
4. Conflict of Interest ...................................................................................... 10
5. Eligible Bidders........................................................................................... 12
6. Bidder’s Responsibilities ............................................................................ 13
7. Origin of Goods .......................................................................................... 16
8. Subcontracts .............................................................................................. 16
B. CONTENTS OF BIDDING DOCUMENTS ...................................................................... 16
9. Pre-Bid Conference .................................................................................... 16
10. Clarification and Amendment of Bidding Documents ................................. 17
C. PREPARATION OF BIDS .......................................................................................... 18
11. Language of Bid ......................................................................................... 18
12. Documents Comprising the Bid: Eligibility and Technical Components...... 18
13. Documents Comprising the Bid: Financial Component .............................. 20
14. Alternative Bids .......................................................................................... 21
15. Bid Prices ................................................................................................... 21
16. Bid Currencies ............................................................................................ 22
17. Bid Validity ................................................................................................. 23
18. Bid Security ................................................................................................ 23
19. Format and Signing of Bids ........................................................................ 26
20. Sealing and Marking of Bids ....................................................................... 26
D. SUBMISSION AND OPENING OF BIDS ........................................................................ 27
21. Deadline for Submission of Bids................................................................. 27
22. Late Bids .................................................................................................... 27
23. Modification and Withdrawal of Bids........................................................... 28
24. Opening and Preliminary Examination of Bids ........................................... 28
E. EVALUATION AND COMPARISON OF BIDS ................................................................. 28
25. Process to be Confidential ......................................................................... 28
26. Clarification of Bids..................................................................................... 28
27. Domestic Preference .................................................................................. 28
28. Detailed Evaluation and Comparison of Bids ............................................. 31

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 29. Post-Qualification ....................................................................................... 32
30. Reservation Clause .................................................................................... 34
F. AWARD OF CONTRACT ........................................................................................... 35
31. Contract Award........................................................................................... 35
32. Signing of the Contract ............................................................................... 35
33. Performance Security ................................................................................. 36
34. Notice to Proceed ....................................................................................... 37

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 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

9
 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 collusive practice; and/or threatening,
harassing or intimidating any party to prevent it
from disclosing its knowledge of matters relevant
to the administrative proceedings or investigation
or from pursuing such proceedings or
investigation; or

(bb) acts intended to materially impede the exercise of

the inspection and audit rights of the Procuring
Entity or any foreign government/foreign or
international financing institution herein.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in 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 0.

4. Conflict of Interest
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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 (g) below:

(a) A Bidder has controlling shareholders in common with another

Bidder;

(b) A Bidder receives or has received any direct or indirect subsidy

from any other Bidder;

(c) A Bidder has the same legal representative as that of another

Bidder for purposes of this bid;

(d) A Bidder has a relationship, directly or through third parties, that

puts them in a position to have access to information about or
influence on the bid of another Bidder or influence the decisions
of the Procuring Entity regarding this bidding process;

(e) A Bidder submits more than one bid in this bidding process.
However, this does not limit the participation of subcontractors in
more than one bid;

(f) A Bidder who participated as a consultant in the preparation of

the design or technical specifications of the Goods and related
services that are the subject of the bid; or

(g) A Bidder who lends, or 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.

4.2. In accordance with Section 47 of the Revised IRR of RA 9184, all

Bidding Documents shall be accompanied by a sworn affidavit of the
Bidder that it is not related to the Head of the Procuring Entity (HoPE),
members of the Bids and Awards Committee (BAC), members of the
Technical Working Group (TWG), members of the BAC Secretariat, the
head of the Project Management Office (PMO) or the end-user unit,
and the project consultants, by consanguinity or affinity up to the third
civil degree. On the part of the Bidder, this Clause shall apply to the
following persons:

(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;

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 (c) If the Bidder is a corporation, to all its officers, directors, and
controlling stockholders;

(d) If the Bidder is a cooperative, to all its officers, directors, and

controlling shareholders or members; and
(e) If the Bidder is a joint venture (JV), the provisions of items (a),
(b), (c), or (d) of this Clause shall correspondingly apply to each
of the members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with

this Clause will result in the automatic disqualification of a Bidder.

5. Eligible Bidders
5.1. Unless otherwise provided 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

(e) Persons/entities forming themselves into a Joint Venture (JV),

i.e., a group of two (2) or more persons/entities that intend to be
jointly and severally responsible or liable for a particular
contract: Provided, however, that Filipino ownership or interest
of the JV concerned shall be at least sixty percent (60%).

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 RA 9184 and its IRR allow foreign
bidders to participate;

(b) Citizens, corporations, or associations of a country, the laws or

regulations of which grant reciprocal rights or privileges to
citizens, corporations, or associations of the Philippines;

(c) When the Goods sought to be procured are not available from
local suppliers; or

12
 (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 and the value of which, adjusted, if necessary, by the Bidder to
current prices using the Philippine Statistics Authority (PSA) consumer
price index, must be at least equivalent to a percentage of the ABC
stated in the BDS.
For this purpose, contracts similar to the Project shall be those
described in the BDS, and completed within the relevant period stated
in the Invitation to Bid and ITB Clause 12.1(a)(ii).

5.5. The Bidder must submit a computation of its Net Financial Contracting
Capacity (NFCC), which must be at least equal to the ABC to be bid,
calculated as follows:

NFCC = [(Current assets minus current liabilities) (15)] minus the

value of all outstanding or uncompleted portions of the projects
under ongoing contracts, including awarded contracts yet to be
started, coinciding with the contract to be bid.

The values of the domestic bidder’s current assets and current

liabilities shall be based on the latest Audited Financial Statements
submitted to the BIR.

For purposes of computing the foreign bidders’ NFCC, the value of the
current assets and current liabilities shall be based on their audited
financial statements prepared in accordance with international financial
reporting standards.

If the prospective bidder opts to submit a committed Line of Credit, it

must be at least equal to ten percent (10%) of the ABC to be bid. If
issued by a foreign universal or commercial bank, it shall be confirmed
or authenticated by a local universal or commercial bank.

6. Bidder’s 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)(iii).

6.2. The Bidder is responsible for the following:

13
(a) Having taken steps to carefully examine all of the Bidding
Documents;

(b) Having acknowledged all conditions, local or otherwise, affecting

the implementation of the contract;

(c) Having made an estimate of the facilities available and needed

for the contract to be bid, if any;

(d) Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.4.

(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;

(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 HoPE 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 and its Revised IRR in relation to other provisions of RA
3019;

(j) Complying with existing labor laws and standards, in the case of
procurement of services; Moreover, bidder undertakes to:

(i) Ensure the entitlement of workers to wages, hours of

work, safety and health and other prevailing conditions of
work as established by national laws, rules and
regulations; or collective bargaining agreement; or
arbitration award, if and when applicable.

In case there is a finding by the Procuring Entity or the

DOLE of underpayment or non-payment of workers’ wage
and wage-related benefits, bidder agrees that the
performance security or portion of the contract amount

14
 shall be withheld in favor of the complaining workers
pursuant to appropriate provisions of Republic Act No.
9184 without prejudice to the institution of appropriate
actions under the Labor Code, as amended, and other
social legislations.

(ii) Comply with occupational safety and health standards

and to correct deficiencies, if any.

In case of imminent danger, injury or death of the worker,

bidder undertakes to suspend contract implementation
pending clearance to proceed from the DOLE Regional
Office and to comply with Work Stoppage Order; and

(iii) Inform the workers of their conditions of work, labor

clauses under the contract specifying wages, hours of
work and other benefits under prevailing national laws,
rules and regulations; or collective bargaining agreement;
or arbitration award, if and when applicable, through
posting in two (2) conspicuous places in the
establishment’s premises; and

(k) Ensuring that it did not give or pay, directly or indirectly, any
commission, amount, fee, or any form of consideration,
pecuniary or otherwise, to any person or official, personnel or
representative of the government in relation to any procurement
project or activity.

Failure to observe any of the above responsibilities shall be at the risk

of the Bidder concerned.

6.3. The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Documents.

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.

15
 6.6. 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.

6.7. The Bidder shall bear all costs associated with the preparation and
submission of his bid, and the Procuring Entity will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.

6.8. The Bidder should note that the Procuring Entity will accept bids only
from those that have paid the applicable fee for the Bidding Documents
at the office indicated in the Invitation to Bid.

7. Origin of Goods
Unless otherwise indicated in the BDS, there is no restriction on the origin of
goods other than those prohibited by a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations, subject
to ITB Clause 27.1.

8. Subcontracts
8.1. Unless otherwise specified in the BDS, the Bidder may subcontract
portions of the Goods to an extent as may be approved by the
Procuring Entity and stated in the BDS. However, subcontracting of
any portion shall not relieve the Bidder from any liability or obligation
that may arise from the contract for this Project.

8.2. Subcontractors must submit the documentary requirements under ITB

Clause 12 and comply with the eligibility criteria specified in the BDS. In
the event that any subcontractor is found by the Procuring Entity to be
ineligible, the subcontracting of such portion of the Goods shall be
disallowed.

8.3. The Bidder may identify the subcontractor to whom a portion of the
Goods will be subcontracted at any stage of the bidding process or
during contract implementation. If the Bidder opts to disclose the
name of the subcontractor during bid submission, the Bidder shall
include the required documents as part of the technical component of
its bid.

B. Contents of Bidding Documents

9. Pre-Bid Conference
9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the
venue and on the date indicated therein, to clarify and address the
Bidders’ questions on the technical and financial components of this
Project.

16
 (b) The pre-bid conference shall be held at least twelve (12) calendar
days before the deadline for the submission and receipt of bids, but not
earlier than seven (7) calendar days from the posting of the invitation to
bid/bidding documents in the PhilGEPS website. If the Procuring Entity
determines that, by reason of the method, nature, or complexity of the
contract to be bid, or when international participation will be more
advantageous to the GOP, a longer period for the preparation of bids is
necessary, the pre-bid conference shall be held at least thirty (30)
calendar days before the deadline for the submission and receipt of
bids, as specified in the BDS.

9.2. Bidders are encouraged to attend the pre-bid conference to ensure that
they fully understand the Procuring Entity’s requirements. Non-
attendance of the Bidder will in no way prejudice its bid; however, the
Bidder is expected to know the changes and/or amendments to the
Bidding Documents as recorded in the minutes of the pre-bid
conference and the Supplemental/Bid Bulletin. The minutes of the pre-
bid conference shall be recorded and prepared not later than five (5)
calendar days after the pre-bid conference. The minutes shall be made
available to prospective bidders not later than five (5) days upon written
request.

9.3. Decision of the BAC amending any provision of the bidding documents
shall be issued in writing through a Supplemental/Bid Bulletin at least
seven (7) calendar days before the deadline for the submission and
receipt of bids.

10. Clarification and Amendment of Bidding Documents

10.1. Prospective bidders may request for clarification on and/or

interpretation of any part of the Bidding Documents. Such request must
be in writing and submitted to the Procuring Entity at the address
indicated in the BDS at least ten (10) calendar days before the deadline
set for the submission and receipt of Bids.

10.2. The BAC shall respond to the said request by issuing a

Supplemental/Bid Bulletin, to be made available to all those who have
properly secured the Bidding Documents, at least seven (7) calendar
days before the deadline for the submission and receipt of Bids.

10.3. Supplemental/Bid Bulletins may also be issued upon the Procuring

Entity’s initiative for purposes of clarifying or modifying any provision of
the Bidding Documents not later than seven (7) calendar days before
the deadline for the submission and receipt of Bids. Any modification to
the Bidding Documents shall be identified as an amendment.

10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted
in the PhilGEPS and the website of the Procuring Entity concerned, if
available, and at any conspicuous place in the premises of the
Procuring Entity concerned. It shall be the responsibility of all Bidders

17
 who have properly secured the Bidding Documents to inquire and
secure Supplemental/Bid Bulletins that may be issued by the BAC.
However, Bidders who have submitted bids before the issuance of the
Supplemental/Bid Bulletin must be informed and allowed to modify or
withdraw their bids in accordance with ITB Clause 23.

C. Preparation of Bids

11. Language of Bids

The eligibility requirements or statements, the bids, and all other documents
to be submitted to the BAC must be in English. If the eligibility requirements or
statements, the bids, and all other documents submitted to the BAC are in
foreign language other than English, it must be accompanied by a translation
of the documents in English. The documents shall be translated by the
relevant foreign government agency, the foreign government agency
authorized to translate documents, or a registered translator in the foreign
bidder’s country; and shall be authenticated by the appropriate Philippine
foreign service establishment/post or the equivalent office having jurisdiction
over the foreign bidder’s affairs in the Philippines. The English translation
shall govern, for purposes of interpretation of the bid.

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 Certificate of Registration and Membership in

accordance with Section 8.5.2 of the R-IRR, except for
foreign bidders participating in the procurement by a
Philippine Foreign Service Office or Post, which shall
submit their eligibility documents under Section 23.1 of
the R-IRR, provided, that the winning bidder shall
register with the PhilGEPS in accordance with section
37.1.4 of the R-IRR.

(ii) Statement of all its ongoing government and private

contracts, including contracts awarded but not yet started,
if any, whether similar or not similar in nature and
complexity to the contract to be bid; and
Statement of the Bidder’s SLCC similar to the contract to
be bid, in accordance with ITB Clause 5.4, within the
relevant period as provided in the BDS.

18
 The two statements required shall indicate for each
contract the following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) kinds of Goods;

(ii.6) For Statement of Ongoing Contracts - amount of

contract and value of outstanding contracts;

(ii.7) For Statement of SLCC - amount of completed

contracts, adjusted by the Bidder to current prices
using PSA’s consumer price index, if necessary for
the purpose of meeting the SLCC requirement;

(ii.8) date of delivery; and

(ii.9) end user’s acceptance or official receipt(s) or sales

invoice issued for the contract, if completed, which
shall be attached to the statements.

(iii) NFCC computation in accordance with ITB Clause 5.5 or

a committed Line of Credit from a universal or commercial
bank.

Class “B” Document:

(iv) If applicable, the Joint Venture Agreement (JVA) in case

the joint venture is already in existence, or duly notarized
statements from all the potential joint venture partners in
accordance with Section 23.1(b) of the Revised IRR.

(b) Technical Documents –

(i) Bid security in accordance with ITB Clause 18. If the

Bidder opts to submit the bid security in the form of:

(i.1) a bank draft/guarantee or an irrevocable letter of

credit issued by a foreign bank, it shall be
accompanied by a confirmation from a Universal or
Commercial Bank; or

(i.2) a surety bond, it shall be accompanied by a

certification by the Insurance Commission that the

19
 surety or insurance company is authorized to issue
such instruments;

(ii) Conformity with technical specifications, as enumerated

and specified in Sections VI and VII of the Bidding
Documents; and

(iii) Sworn statement in accordance with Section 25.3 of the

IRR of RA 9184 and using the form prescribed in Section
VIII. Bidding Forms.

(iv) For foreign bidders claiming eligibility by reason of their

country’s extension of reciprocal rights to Filipinos, a
certification from the relevant government office of their
country stating that Filipinos are allowed to participate in
their government procurement activities for the same item
or product.

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 applicable
Price Schedules, in accordance with ITB Clauses 15.1 and 15.4;

(b) If the Bidder claims preference as a Domestic Bidder, a

certification from the DTI issued in accordance with ITB Clause
27, unless otherwise provided in the BDS; and

(c) Any other document related to the financial component of the

bid as stated in the BDS.

13.2. (a) Unless otherwise stated in the BDS, all bids that exceed the ABC
shall not be accepted.

(b) Unless otherwise indicated in the BDS, for foreign-funded

procurement, a ceiling may be applied to bid prices provided the
following conditions are met:

(i) Bidding Documents are obtainable free of charge on a

freely accessible website. If payment of Bidding
Documents is required by the procuring entity, payment
could be made upon the submission of bids.

(ii) The procuring entity has procedures in place to ensure that

the ABC is based on recent estimates made by the
responsible unit of the procuring entity and that the
estimates reflect the quality, supervision and risk and

20
 inflationary factors, as well as prevailing market prices,
associated with the types of works or goods to be procured.

(iii) The procuring entity has trained cost estimators on

estimating prices and analyzing bid variances.

(iv) The procuring entity has established a system to monitor

and report bid prices relative to ABC and
engineer’s/procuring entity’s estimate.

(v) The procuring entity has established a monitoring and

evaluation system for contract implementation to provide a
feedback on actual total costs of goods and works.

14. Alternative Bids

14.1 Alternative Bids shall be rejected. For this purpose, alternative bid is an
offer made by a Bidder in addition or as a substitute to its original bid
which may be included as part of its original bid or submitted
separately therewith for purposes of bidding. A bid with options is
considered an alternative bid regardless of whether said bid proposal is
contained in a single envelope or submitted in two (2) or more separate
bid envelopes.

14.2 Each Bidder shall submit only one Bid, either individually or as a
partner in a JV. A Bidder who submits or participates in more than one
bid (other than as a subcontractor if a subcontractor is permitted to
participate in more than one bid) will cause all the proposals with the
Bidder’s participation to be disqualified. This shall be without prejudice
to any applicable criminal, civil and administrative penalties that may
be imposed upon the persons and entities concerned.

15. Bid Prices

15.1. The Bidder shall complete the appropriate Schedule of Prices included
herein, stating the unit prices, total price per item, the total amount and
the expected countries of origin of the Goods to be supplied under this
Project.

15.2. The Bidder shall fill in rates and prices for all items of the Goods
described in the Schedule of Prices. Bids not addressing or providing
all of the required items in the Bidding Documents including, where
applicable, Schedule of Prices, shall be considered non-responsive
and, thus, automatically disqualified. In this regard, where a required
item is provided, but no price is indicated, the same shall be considered
as non-responsive, but specifying a zero (0) or a dash (-) for the said
item would mean that it is being offered for free to the Government,
except those required by law or regulations to be accomplished.

21
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);

(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 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.

(c) For Services, based on the form which may be prescribed by the
Procuring Entity, in accordance with existing laws, rules and
regulations

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. A bid submitted with an adjustable price
quotation shall be treated as non-responsive and shall be rejected,
pursuant to ITB Clause 24.

22
 All bid prices for the given scope of work in the contract as awarded
shall be considered as fixed prices, and therefore not subject to price
escalation during contract implementation, except under extraordinary
circumstances. Upon the recommendation of the Procuring Entity, price
escalation may be allowed in extraordinary circumstances as may be
determined by the National Economic and Development Authority in
accordance with the Civil Code of the Philippines, and upon approval
by the GPPB. Nevertheless, in cases where the cost of the awarded
contract is affected by any applicable new laws, ordinances,
regulations, or other acts of the GOP, promulgated after the date of bid
opening, a contract price adjustment shall be made or appropriate relief
shall be applied on a no loss-no gain basis.

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 Bangko Sentral ng Pilipinas (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

23
 award. A Bidder granting the request shall not be required or permitted
to modify its bid.

18. Bid Security

18.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid
Security in the amount stated in the BDS, which shall be not less than
the percentage of the ABC in accordance with the following schedule:

Amount of Bid Security

Form 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.

For biddings conducted by

LGUs, the
Cashier’s/Manager’s Check
may be issued by other banks
certified by the BSP as
authorized to issue such
financial instrument.

(b) Bank draft/guarantee or

irrevocable letter of credit
issued by a Universal or
Two percent (2%)
Commercial Bank: Provided,
however, that it shall be
confirmed or authenticated by
a Universal or Commercial
Bank, if issued by a foreign
bank.

For biddings conducted by

LGUs, Bank Draft/Guarantee,
or Irrevocable Letter of Credit
may be issued by other banks
certified by the BSP as
authorized to issue such
financial instrument.

(c) Surety bond callable upon

demand issued by a surety or
insurance company duly
Five percent (5%)
certified by the Insurance
Commission as authorized to
issue such security.

24
 The Bid Securing Declaration mentioned above is an undertaking
which states, among others, that the Bidder shall enter into contract
with the procuring entity and furnish the performance security required
under ITB Clause 33.2, within ten (10) calendar days from receipt of
the Notice of Award, and commits to pay the corresponding amount as
fine, and be suspended for 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 request for reconsideration and/or protest, or upon the lapse of
the reglementary period to file a request for reconsideration or protest.
Without prejudice on its forfeiture, bid securities shall be returned only
after the Bidder with the Lowest Calculated Responsive Bid (LCRB)
has signed the contract and furnished the performance security, but in
no case later than the expiration of the bid security validity period
indicated in ITB Clause 18.2.

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) has a finding against the veracity of any of the documents

submitted as stated in ITB Clause 29.2;

(iv) submission of eligibility requirements containing false

information or falsified documents;

(v) submission of bids that contain false information or

falsified documents, or the concealment of such
information in the bids in order to influence the outcome

25
 of eligibility screening or any other stage of the public
bidding;

(vi) allowing the use of one’s name, or using the name of

another for purposes of public bidding;

(vii) withdrawal of a bid, or refusal to accept an award, or

enter into contract with the Government without justifiable
cause, after the Bidder had been adjudged as having
submitted the LCRB;

(viii) refusal or failure to post the required performance

security within the prescribed time;

(ix) refusal to clarify or validate in writing its bid during post-

qualification within a period of seven (7) calendar days
from receipt of the request for clarification;

(x) any documented attempt by a Bidder to unduly influence

the outcome of the bidding in his favor;

(xi) failure of the potential joint venture partners to enter into

the joint venture after the bid is declared successful; or

(xii) all other acts that tend to defeat the purpose of the
competitive bidding, such as habitually withdrawing from
bidding, submitting late Bids or patently insufficient bid,
for at least three (3) times within a year, except for valid
reasons.

(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause

32; or

(ii) fails to furnish performance security in accordance with

ITB Clause 33.

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. This shall also be observed for each lot in the case of lot
procurement.

26
 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 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. Bidders shall enclose their original eligibility and technical documents
described in ITB Clause 12 in one sealed envelope marked “ORIGINAL
- TECHNICAL COMPONENT”, and the original of their financial
component in another sealed envelope marked “ORIGINAL -
FINANCIAL COMPONENT”, sealing them all in an outer envelope
marked “ORIGINAL BID”.

20.2. Each copy of the first and second envelopes shall be similarly sealed
duly marking the inner envelopes as “COPY NO. ___ - TECHNICAL
COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and
the outer envelope as “COPY NO. ___”, respectively. These envelopes
containing the original and the copies shall then be enclosed in one
single envelope.

20.3. The original and the number of copies of the Bid as indicated in the
BDS shall be typed or written in ink and shall be signed by the Bidder
or its duly authorized representative/s.

20.4. All envelopes shall:

(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the Bidder in capital letters;

(c) be addressed to the Procuring Entity’s BAC in accordance with

ITB Clause 1.1;

(d) bear the specific identification of this bidding process indicated

in the ITB Clause 1.2; and

27
 (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. The BAC
shall record in the minutes of bid submission and opening, the Bidder’s name,
its representative and the time the late bid was submitted.

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 and properly identified in accordance with
ITB Clause 20, linked to its original bid marked as “TECHNICAL
MODIFICATION” or “FINANCIAL MODIFICATION” and stamped
“received” by the BAC. Bid modifications received after the applicable
deadline shall not be considered and shall be returned to the Bidder
unopened.

23.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it
has been submitted, for valid and justifiable reason; provided that the
Letter of Withdrawal is received by the Procuring Entity prior to the
deadline prescribed for submission and receipt of bids. The Letter of
Withdrawal must be executed by the duly authorized representative of
the 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, who has acquired
the bidding documents, may also express its intention not to participate

28
 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 Revised IRR.

24. Opening and Preliminary Examination of Bids

24.1. The BAC shall open the bids in public, immediately after the deadline
for the submission and receipt of bids, as specified in the BDS. In case
the Bids cannot be opened as scheduled due to justifiable reasons, the
BAC shall take custody of the Bids submitted and reschedule the
opening of Bids on the next working day or at the soonest possible time
through the issuance of a Notice of Postponement to be posted in the
PhilGEPS website and the website of the Procuring Entity concerned.

24.2. Unless otherwise specified in the BDS, the BAC shall open the first bid
envelopes and determine each Bidder’s compliance with the
documents prescribed in ITB Clause 12, using a non-discretionary
“pass/fail” criterion. If a Bidder submits the required document, it shall
be rated “passed” for that particular requirement. In this regard, bids
that fail to include any requirement or are incomplete or patently
insufficient shall be considered as “failed”. Otherwise, the BAC shall
rate the said first bid envelope as “passed”.

24.3. Unless otherwise specified in the BDS, immediately after determining

compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible
bidder whose first bid envelope was rated “passed”. The second
envelope of each complying bidder shall be opened within the same
day. In case one or more of the requirements in the second envelope of
a particular bid is missing, incomplete or patently insufficient, and/or if
the submitted total bid price exceeds the ABC unless otherwise
provided in ITB Clause 13.2, the BAC shall rate the bid concerned as
“failed”. Only bids that are determined to contain all the bid
requirements for both components shall be rated “passed” and shall
immediately be considered for evaluation and comparison.

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.

29
24.5. All members of the BAC who are present during bid opening shall initial
every page of the original copies of all bids received and opened.

24.6. In the case of an eligible foreign bidder as described in ITB Clause 5,

the following Class “A” Documents may be substituted with the
appropriate equivalent documents, if any, issued by the country of the
foreign Bidder concerned, which shall likewise be uploaded and
maintained in the PhilGEPS in accordance with Section 8.5.2 of the
Revised IRR:

(a) Registration certificate from the Securities and Exchange

Commission (SEC), Department of Trade and Industry (DTI) for
sole proprietorship, or CDA for cooperatives;

(b) Mayor’s/Business permit issued by the local government where the

principal place of business of the bidder is located; and

(c) Audited Financial Statements showing, among others, the

prospective bidder’s total and current assets and liabilities stamped
“received” by the Bureau of Internal Revenue or its duly accredited
and authorized institutions, for the preceding calendar year which
should not be earlier than two years from the date of bid
submission.

24.7. Each partner of a joint venture agreement shall likewise submit the
requirements in ITB Clause 12.1(a)(i). Submission of documents
required under ITB Clauses 12.1(a)(ii) to 12.1(a)(iii) by any of the joint
venture partners constitutes compliance.

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 (per lot, if applicable, and/or including discount, if any),
bid security, findings of preliminary examination, and whether there is a
withdrawal or modification; and (b) attendance sheet. The BAC
members shall sign the abstract of bids as read.

24.9. The bidders or their duly authorized representatives may attend the
opening of bids. The BAC shall ensure the integrity, security, and
confidentiality of all submitted bids. The Abstract of Bids as read and
the minutes of the bid opening shall be made available to the public
upon written request and payment of a specified fee to recover cost of
materials.

24.10. To ensure transparency and accurate representation of the bid

submission, the BAC Secretariat shall notify in writing all bidders whose
bids it has received through its PhilGEPS-registered physical address
or official e-mail address. The notice shall be issued within seven (7)
calendar days from the date of the bid opening.

30
 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 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 the lowest Foreign Bid is
lower than the lowest bid offered by a Domestic Bidder.

(b) For evaluation purposes, the lowest Foreign Bid shall be

increased by fifteen percent (15%).

(c) In the event that the lowest bid offered by a Domestic Bidder
does not exceed the lowest Foreign Bid as increased, then the
Procuring Entity shall award the contract to the Domestic Bidder
at the amount of the lowest Foreign Bid.

(d) If the Domestic Bidder refuses to accept the award of contract at

the amount of the Foreign Bid within two (2) calendar days from
receipt of written advice from the BAC, the Procuring Entity shall
award to the bidder offering the Foreign Bid, subject to post-
qualification and submission of all the documentary
requirements under these Bidding Documents.

27.2. 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

31
 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. The BAC shall consider the following in the evaluation of bids:

(a) Completeness of the bid. Unless the BDS allows partial bids,
bids not addressing or providing all of the required items in the
Schedule of Requirements including, where applicable,
Schedule of Prices, shall be considered non-responsive and,
thus, automatically disqualified. In this regard, where a required
item is provided, but no price is indicated, the same shall be
considered as non-responsive, but specifying a zero (0) or a
dash (-) for the said item would mean that it is being offered for
free to the Procuring Entity, except those required by law or
regulations to be provided for; and

(b) Arithmetical corrections. Consider computational errors and

omissions to enable proper comparison of all eligible bids. It
may also consider bid modifications. Any adjustment shall be
calculated in monetary terms to determine the calculated prices.

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, unless otherwise
indicated in the BDS.

32
 28.5. The Procuring Entity’s evaluation of bids shall be based on the bid price
quoted in the Bid Form, which includes the Schedule of Prices.

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.

28.7. If so indicated pursuant to ITB Clause 1.2, Bids are being invited for
individual lots or for any combination thereof, provided that all Bids and
combinations of Bids shall be received by the same deadline and
opened and evaluated simultaneously so as to determine the Bid or
combination of Bids offering the lowest calculated cost to the Procuring
Entity. Bid prices quoted shall correspond to all items specified for each
lot and to all quantities specified for each item of a lot. Bid Security as
required by ITB Clause 18 shall be submitted for each contract (lot)
separately. The basis for evaluation of lots is specified in BDS Clause
28.3.

29. Post-Qualification
29.1. The BAC shall determine to its satisfaction whether the Bidder that is
evaluated as having submitted the Lowest Calculated Bid complies with
and is responsive to all the requirements and conditions specified in
ITB Clauses 5, 12, and 13.

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 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.

Failure to submit any of the post-qualification requirements on time, or

a finding against the veracity thereof, shall disqualify the bidder for
award. Provided in the event that a finding against the veracity of any
of the documents submitted is made, it shall cause the forfeiture of the
bid security in accordance with Section 69 of the IRR of RA 9184.

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, which shall be completed within a period of twelve
(12) calendar days.

33
 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 LCRB, and recommend to the HoPE the award of contract to the
said Bidder at its submitted price or its calculated bid price, whichever
is lower.

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 with a fresh period to make a similar determination of
that Bidder’s capabilities to perform satisfactorily. If the second Bidder,
however, fails the post qualification, the procedure for post qualification
shall be repeated for the Bidder with the next Lowest Calculated Bid,
and so on until the LCRB is determined for recommendation for
contract award.

29.6. Within a period not exceeding fifteen (15) calendar days from the
determination by the BAC of the LCRB and the recommendation to
award the contract, the HoPE or his duly authorized representative
shall approve or disapprove the said recommendation.

29.7. In the event of disapproval, which shall be based on valid, reasonable,

and justifiable grounds as provided for under Section 41 of the IRR of
RA 9184, the HoPE shall notify the BAC and the Bidder in writing of
such decision and the grounds for it. When applicable, the BAC shall
conduct a post-qualification of the Bidder with the next Lowest
Calculated Bid. A request for reconsideration may be filed by the bidder
with the HoPE in accordance with Section 37.1.3 of the R-IRR of RA
9184.

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:

34
 (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 HoPE;

(ii) If the project is no longer necessary as determined by the

HoPE; 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 LCRB 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 HoPE or its duly authorized
representative 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 duly received by the Bidder or its

35
 representative personally or sent by registered mail or electronically,
receipt of which must be confirmed in writing within two (2) days by the
Bidder with the LCRB and submitted personally or sent by registered
mail or electronically to the Procuring Entity.

31.3. Notwithstanding the issuance of the Notice of Award, award of contract

shall be subject to the following conditions:

(a) Submission of the following documents within ten (10) calendar

days from receipt of the Notice of Award:

(i) Valid JVA, if applicable; or

(ii) In the case of procurement by a Philippine Foreign

Service Office or Post, the PhilGEPS Registration
Number of the winning foreign Bidder;
(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, as provided in Section

37.3 of the IRR of RA 9184.

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, 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;

36
 (c) 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;

(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 Performance Security shall be denominated in Philippine Pesos

and posted in favor of the Procuring Entity in an amount not less than
the percentage of the total contract price in accordance with the
following schedule:

Amount of Performance Security

Form 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.

For biddings conducted by

the LGUs, the
Cashier’s/Manager’s Check
may be issued by other
banks certified by the BSP
as authorized to issue such
financial instrument. Five percent (5%)

(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.

37
 For biddings conducted by
the LGUs, the Bank Draft/
Guarantee or Irrevocable
Letter of Credit may be
issued by other banks
certified by the BSP as
authorized to issue such
financial instrument.

(c) Surety bond callable upon

demand issued by a surety
or insurance company duly
Thirty percent (30%)
certified by the Insurance
Commission as authorized to
issue such security.

33.3. Failure of the successful Bidder to comply with the above-mentioned

requirement shall constitute sufficient ground for the annulment of the
award and forfeiture of the bid security, in which event the Procuring
Entity shall have a fresh period to initiate and complete the post
qualification of the second Lowest Calculated Bid. The procedure shall
be repeated until the LCRB is identified and selected for
recommendation of contract award. However if no Bidder passed post-
qualification, the BAC shall declare the bidding a failure and conduct a
re-bidding with re-advertisement, if necessary.

34. Notice to Proceed

Within seven (7) calendar days from the date of approval of the contract by
the appropriate government approving authority, the Procuring Entity shall
issue the Notice to Proceed (NTP) together with a copy or copies of the
approved contract to the successful Bidder. All notices called for by the terms
of the contract shall be effective only at the time of receipt thereof by the
successful Bidder.

35. Protest Mechanism

Decisions of the procuring entity at any stage of the procurement process may
be questioned in accordance with Section 55 of the R-IRR of RA 9184.

38
Section III. Bid Data Sheet

39
 Bid Data Sheet
ITB Clause

1.1 The Procuring Entity is the DEPARTMENT OF FINANCE

1.2 This bidding shall have one (1) lot:

Rental of Transportation and Shuttle Service for the ADB Annual

Meeting 2018.
2 The Funding Source is:

The Government of the Philippines (GOP) through the authorized

appropriations for the CY 2018 General Appropriations Act in the
amount of TWO MILLION THREE HUNDRED EIGHTY EIGHT
THOUSAND PESOS (PhP2,388,000.00).

The name of the Project is Rental of Transportation and Shuttle

Service for the ADB Annual Meeting 2018.
3.1 No further instructions.

5.1 No further instructions.

5.2 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 last five (5) years, a
single contract that is similar to the contract to be bid, equivalent to
at least fifty percent (50%) of the Approved Budget for the Contract
(ABC).

For this purpose, similar contract shall refer to Rental of

Transportation and Shuttle Service.
7 No further instructions.

8.1 Subcontracting is not allowed.

8.2 Not applicable.

9.1 The Procuring Entity will hold a Pre-bid Conference for this Project
on February 21, 2018, 10:00 a.m., at the CAO Conference Room, 7th
Floor EDPC Bldg.
10.1 The Procuring Entity’s address is:

BAC Secretariat
Department of Finance, Manila

Email address of contact: [email protected]

12.1(a) No further instructions.

12.1(a)(ii) The bidder’s SLCC similar to the contract to be bid should have

40
 been completed on or before February 2018.
13.1 No additional requirements.

13.1(b) No further instructions.

13.1(c) No additional requirements.

13.2 The ABC is TWO MILLION THREE HUNDRED EIGHTY EIGHT

THOUSAND PESOS (PhP2,388,000.00). Any bid with a financial
component exceeding this amount shall not be accepted.
15.4(a)(iv) Prices indicated on the Price Schedule shall show the price of the
administrative costs.
15.4(b) Not applicable.

16.1(b) The Bid prices for Goods supplied from outside the Philippines shall
be quoted in Philippine Pesos.
16.3 Not applicable.

17.1 Bids will be valid until one hundred twenty (120) calendar days from
the bid opening.
18.1 The bid security shall be in the form of a Bid Securing Declaration,
or any of the following forms and amounts:

1. The amount of not less than (2% of ABC), if bid security is in

cash, cashier’s/manager’s check, bank draft/guarantee or
irrevocable letter of credit; or

2. The amount of not less than (5% of ABC), if bid security is in

Surety Bond.
18.2 The bid security shall be valid until _____ or for one hundred twenty
(120) calendar days from the actual date of opening of bids,
whichever is later.
20.3 Each Bidder shall submit one (1) original and two (2) photo copies of
the first and second components of its bid.
21 The address for submission of bids is at the DOF-BAC Secretariat,
7th Floor EDPC Bldg., BSP Complex, Roxas Blvd., Manila.

The deadline for submission of bids is March 6, 2018, 9:45 am at the

Procurement Management Division.
24.1 The place of bid opening is at the CAO Conference Room, 7th Floor,
EDPC Bldg. Roxas Blvd., Manila.

The date and time of bid opening is March 6, 2018, 10:00 am.
24.2 No further instructions.

24.3 No further instructions.

27.1 Not applicable.

41
28.3(a) Partial bid is not allowed. The goods are grouped in a single lot and
the lot shall not be divided into sub-lots for the purpose of bidding,
evaluation, and contract award.
28.4 No further instructions.

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 Business Tax Returns filed through
the Electronic Filing and Payments System (EFPS):

1. Annual Income Tax Return (BIR Form 1702)

for CY 2015 and CY 2016; and
2. Proof of VAT payments filed for CY 2017:

August 2550M 2017

September 2550Q 2017
October 2550M 2017
November 2550M 2017
December 2550Q 2017
January 2550M 2018

(b) Taxpayer’s Identification No. with photocopy of ID;

and
(c) BIR Tax Registration Certificate (BIR Form 2303)
32.4(f) No additional requirement.

42
Section IV. General Conditions of Contract

43
 TABLE OF CONTENTS
1. DEFINITIONS ...................................................................................................... 45
2. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE PRACTICES ........................ 46
3. INSPECTION AND AUDIT BY THE FUNDING SOURCE ............................................... 47
4. GOVERNING LAW AND LANGUAGE....................................................................... 47
5. NOTICES ........................................................................................................... 48
6. SCOPE OF CONTRACT ........................................................................................ 48
7. SUBCONTRACTING ............................................................................................. 48
8. PROCURING ENTITY’S RESPONSIBILITIES ............................................................. 49
9. PRICES ............................................................................................................. 49
10. PAYMENT .......................................................................................................... 49
11. ADVANCE PAYMENT AND TERMS OF PAYMENT ..................................................... 50
12. TAXES AND DUTIES ............................................................................................ 50
13. PERFORMANCE SECURITY .................................................................................. 51
14. USE OF CONTRACT DOCUMENTS AND INFORMATION ............................................. 51
15. STANDARDS ...................................................................................................... 52
16. INSPECTION AND TESTS ...................................................................................... 52
17. WARRANTY ....................................................................................................... 52
18. DELAYS IN THE SUPPLIER’S PERFORMANCE ......................................................... 53
19. LIQUIDATED DAMAGES ....................................................................................... 54
20. SETTLEMENT OF DISPUTES ................................................................................. 54
21. LIABILITY OF THE SUPPLIER ................................................................................ 54
22. FORCE MAJEURE ............................................................................................... 55
23. TERMINATION FOR DEFAULT ............................................................................... 55
24. TERMINATION FOR INSOLVENCY .......................................................................... 56
25. TERMINATION FOR CONVENIENCE ........................................................................ 56
26. TERMINATION FOR UNLAWFUL ACTS ................................................................... 57
27. PROCEDURES FOR TERMINATION OF CONTRACTS ................................................. 57
28. ASSIGNMENT OF RIGHTS .................................................................................... 58
29. CONTRACT AMENDMENT .................................................................................... 58
30. APPLICATION ..................................................................................................... 59

44
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.

45
 (m) The “Effective Date” of the contract will be the date of
signing the contract, however the Supplier shall
commence performance of its obligations only upon
receipt of the Notice to Proceed and copy of the approved
contract.

(n) “Verified Report” refers to the report submitted by the

Implementing Unit to the HoPE setting forth its findings as
to the existence of grounds or causes for termination and
explicitly stating its recommendation for the issuance of a
Notice to Terminate.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1 Unless otherwise provided in the SCC, the Procuring Entity as
well as the bidders, contractors, or suppliers shall observe the
highest standard of ethics during the procurement and execution
of this Contract. In pursuance of this policy, the Procuring Entity:

(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.

46
 (iv) “coercive practices” means harming or threatening to
harm, directly or indirectly, persons, or their property
to influence their participation in a procurement
process, or affect the execution of a contract;

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to an
administrative proceedings or investigation
or making false statements to investigators
in order to materially impede an
administrative proceedings or investigation
of the Procuring Entity or any foreign
government/foreign or international
financing institution into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant
to the administrative proceedings or
investigation or from pursuing such
proceedings or investigation; or

(bb) acts intended to materially impede the

exercise of the inspection and audit rights of
the Procuring Entity or any foreign
government/foreign or international
financing institution herein.

(b) will reject a proposal for award if it determines that the

Bidder recommended for award has engaged in any of
the practices mentioned in this Clause for purposes of
competing for the contract.

2.2. Further the Funding Source, Borrower or Procuring Entity, as

appropriate, will seek to impose the maximum civil,
administrative and/or criminal penalties available under the
applicable law on individuals and organizations deemed to be
involved with any of the practices mentioned in GCC Clause
2.1(a).

3. Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Supplier’s
accounts and records relating to the performance of the Supplier and to have
them audited by auditors appointed by the Funding Source, if so required by
the Funding Source.

4. Governing Law and Language

47
 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. If subcontracting is allowed, the Supplier may identify its subcontractor

during contract implementation. Subcontractors disclosed and
identified during the bidding may be changed during the
implementation of this Contract. In either case, subcontractors must
submit the documentary requirements under ITB Clause 12 and
comply with the eligibility criteria specified in the BDS. In the event that

48
 any subcontractor is found by the Procuring Entity to be ineligible, the
subcontracting of such portion of the Goods shall be disallowed.

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
9.1. For the given scope of work in this Contract as awarded, all bid prices
are considered fixed prices, and therefore not subject to price
escalation during contract implementation, except under extraordinary
circumstances and upon prior approval of the GPPB in accordance
with Section 61 of R.A. 9184 and its IRR or except as provided in this
Clause.

9.2. 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.

10. Payment
10.1. Payments shall be made only upon a certification by the HoPE to the
effect that the Goods have been rendered or delivered in accordance
with the terms of this Contract and have been duly inspected and
accepted. Except with the prior approval of the President no payment
shall be made for services not yet rendered or for supplies and
materials not yet delivered under this Contract. Ten percent (10%) of
the amount of each payment shall be retained by the Procuring Entity
to cover the Supplier’s warranty obligations under this Contract as
described in GCC Clause 17.

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. Payments shall be in
accordance with the schedule stated in the SCC.

49
 10.4. Unless otherwise provided in the SCC, the currency in which payment
is made to the Supplier under this Contract shall be in Philippine
Pesos.

10.5. Unless otherwise provided in the SCC, payments using Letter of Credit
(LC), in accordance with the Guidelines issued by the GPPB, is
allowed. For this purpose, the amount of provisional sum is indicated in
the SCC. All charges for the opening of the LC and/or incidental
expenses thereto shall be for the account of the Supplier.

11. Advance Payment and Terms of 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. All progress payments shall first be charged against the advance
payment until the latter has been fully exhausted.

11.3. For Goods supplied from abroad, unless otherwise indicated in the
SCC, 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.

12. Taxes and Duties

50
 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. 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. 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 0 shall remain the property of the Procuring Entity and shall be
returned (all copies) to the Procuring Entity on completion of the
Supplier’s performance under this Contract if so required by the
Procuring Entity.

51
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. The
Supplier shall provide the Procuring Entity with results of such
inspections and tests.

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

52
 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 total Contract Price or other such amount if so
specified in the SCC. The said amounts shall only be released after the
lapse of the warranty period specified in the SCC; provided, however,
that the Supplies delivered are free from patent and latent defects and
all the conditions imposed under this Contract have been fully met.

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.

53
 18.3. Except as provided under GCC Clause 22, a delay by the Supplier in
the performance of its obligations shall render the Supplier liable to the
imposition of liquidated damages pursuant to GCC Clause 19, unless
an extension of time is agreed upon pursuant to GCC Clause 29
without the application of liquidated damages.

19. Liquidated Damages

Subject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver
any or all of the Goods and/or to perform the Services within the period(s)
specified in this Contract inclusive of duly granted time extensions if any, the
Procuring Entity shall, without prejudice to its other remedies under this
Contract and under the applicable law, deduct from the Contract Price, as
liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent
of the cost of the unperformed portion for every day of delay until actual
delivery or performance. The maximum deduction shall be ten percent (10%)
of the amount of contract. Once the maximum is reached, the Procuring
Entity may rescind or terminate the Contract pursuant to GCC Clause 23,
without prejudice to other courses of action and remedies open to it.

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. 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.”

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

54
 21.1. The Supplier’s liability under this Contract shall be as provided by the
laws of the Republic of the Philippines, subject to additional provisions,
if any, set forth in the SCC.

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 the Supplier’s 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
Supplier could not have foreseen, or which though foreseen, was
inevitable. It shall not include ordinary unfavorable weather conditions;
and any other cause the effects of which could have been avoided with
the exercise of reasonable diligence by the Supplier. Such events may
include, but not limited to, acts of the Procuring Entity in its sovereign
capacity, wars or revolutions, fires, floods, epidemics, quarantine
restrictions, and freight embargoes.

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

55
 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 HoPE may terminate a contract for
the convenience of the Government if he has determined the existence
of conditions that make Project Implementation economically,
financially or technically impractical and/or unnecessary, such as, but
not limited to, fortuitous event(s) or changes in law and national
government policies.

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

56
 (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 HoPE

shall terminate this Contract only by a written notice to the
Supplier conveying the termination of this Contract. The notice
shall state:

(ii) 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;

57
 (iii) the extent of termination, whether in whole or in part;

(iv) an instruction to the Supplier to show cause as to why

this Contract should not be terminated; and

(v) 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 HoPE a
verified position paper stating why this Contract should not be
terminated. If the Supplier fails to show cause after the lapse of
the seven (7) day period, either by inaction or by default, the
HoPE shall issue an order terminating this Contract;

(e) The Procuring Entity may, at any time before receipt of the
Supplier’s verified position paper described in item (d) above
withdraw the Notice to Terminate if it is determined that certain
items or works subject of the notice had been completed,
delivered, or performed before the Supplier’s receipt of the
notice;

(f) Within a non-extendible period of ten (10) calendar days from

receipt of the verified position paper, the HoPE shall decide
whether or not to terminate this Contract. It shall serve a written
notice to the Supplier of its decision and, unless otherwise
provided, this Contract is deemed terminated from receipt of the
Supplier of the notice of decision. The termination shall only be
based on the ground(s) stated in the Notice to Terminate;

(g) The HoPE may create a Contract Termination Review

Committee (CTRC) to assist him in the discharge of this
function. All decisions recommended by the CTRC shall be
subject to the approval of the HoPE; and

(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

58
 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.

59
Section V. Special Conditions of Contract

60
 Special Conditions of Contract
GCC Clause
1.1(g) The Procuring Entity is the Department of Finance.
1.1(i) The Supplier is _________________.
1.1(j) The Funding Source is
The Government of the Philippines (GOP) under the General
Appropriations Act for the proposed budget for FY 2018 in the
amount of TWO MILLION THREE HUNDRED EIGHTY EIGHT
THOUSAND PESOS (PhP2,388,000.00).
1.1(k) The Project Site is the Department of Finance – Manila.
2.1 Highest Standard of Ethics.
5.1 The Procuring Entity’s address for Notices is:
Undersecretary Gil S. Beltran
Department of Finance Building, Roxas Blvd., Malate, Manila

The Supplier’s address for Notices is:

_______________________.
10.4 Not Applicable.

10.5 No further instructions

11.3 Maintain the GCC Clause
13.4 (c) No further instructions
17.3 Not applicable
17.4 Not applicable
21.1 If the Supplier is a joint venture, “All partners to the joint
venture shall be jointly and severally liable to the Procuring
Entity”.

61
Section VI. Schedule of Requirements

62
 Section VI. Schedule of Requirements

Item Description Quantity Total Delivered,

Number Weeks/Month

1 Rental of Vehicles (10 seater 21 21 Upon receipt of

van – for the ADB 2018 Actual Notice to
Event, April 30, 2018 to May Proceed
8, 2018)

Standby Vehicles (vans) on 10 10

consumable hours (140 hours
– on a per usage basis)

I hereby certify to comply and deliver all the above requirements:

__________________________ ________________________ _________

Name of Company/Bidder Signature Over Printed Name Date
of Authorized representative

63
Section VII. Technical Specifications

64
Item Specifications Bidder’s Statement of
Compliance

1 Rental of Vehicles – 21 Units (10 seater van

– for the ADB 2018 Actual Event, April 30,
2018 to May 8, 2018)

• 14 hours usage per day

• Model 2013 up, 10 seater,
airconditioned
• The procuring entity reserves the right
to inspect each and every vehicle and
demand an immediate replacement
should problems/issues arise
• Drivers must be in presentable attire
and equipped with cellphones for easy
communication (same network
provider)
• Rates must include use of vehicle
(fuel), driver’s meals, parking fees, toll
fees
• All vehicles must have 12 bottled
water 500ml per day
• All vehicles must have 3 big
umbrellas, flashlights and First Aid kit
• Vehicles servicing NAIA Terminals
must use the NAIA Expressway
• Driver must be familiar with the major
and minor routes in the area of
engagement/events (NAIA Terminals,
Makati, Manila, Ortigas Hotels and
Government Agencies within Metro
Manila
• Winning bidder must assign one (1)
transport coordinator
• All vehicles are must be available for
overtime upon advise by the
representative of the procuring entity
• Procuring Entity has the right to
change the quantity and date of
deployment of units

Standby Vehicles – 10 Units (Vans on

consumable hours (140 hours – on a per
usage basis)

Winning bidder must submit complete list of

the Driver’s Name, Address, Date of Birth,
and 2x2 Photo within 2 weeks after the

65
 Notice of Award for Background Security
Check.

I hereby certify to comply and deliver all the above requirements:

__________________________ ________________________ _________

Name of Company/Bidder Signature Over Printed Name Date
of Authorized representative

66
Section VIII. Bidding Forms

67
 TABLE OF CONTENTS

BID FORM .................................................................................................................. 68

CONTRACT AGREEMENT FORM .................................................................................... 70
OMNIBUS SWORN STATEMENT .................................................................................... 72
BANK GUARANTEE FORM FOR ADVANCE PAYMENT ...................................................... 75
STATEMENT OF SINGLE LARGEST COMPLETED SIMILAR CONTRACT ….. ………………… 76
STATEMENT OF ONGOING AND AWARDED BUT NOT YET
STARTED..................................................................................................................77
BID SECURING DECLARATION…....…………………………………………………..78

68
 Bid Form

Date:
1
Invitation to Bid No.:

To: [name and address of Procuring Entity]

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers [insert
numbers], the receipt of which is hereby duly acknowledged, we, the undersigned,
offer to [supply/deliver/perform] [description of the Goods] in conformity with the said
Bidding Documents for the sum of [total Bid amount in words and figures] or such
other sums as may be ascertained in accordance with the Schedule of Prices
attached herewith and made part of this Bid.

We undertake, if our Bid is accepted, to deliver the goods in accordance with

the delivery schedule specified in the Schedule of Requirements.

If our Bid is accepted, we undertake to provide a performance security in the

form, amounts, and within the times specified in the Bidding Documents.

We agree to abide by this Bid for the Bid Validity Period specified in BDS
provision for ITB Clause 18.2 and it shall remain binding upon us and may be
accepted at any time before the expiration of that period.

Commissions or gratuities, if any, paid or to be paid by us to agents relating to

this Bid, and to contract execution if we are awarded the contract, are listed below:2

Name and Amount and Purpose of

address of agent Currency Commission or
gratuity

(if none, state “None”)

Until a formal Contract is prepared and executed, this Bid, together with your
written acceptance thereof and 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.

7 If ADB, JICA and WB funded projects, use IFB.

8 Applicable only if the Funding Source is the ADB, JICA or WB.

69
 We certify/confirm that we comply with the eligibility requirements as per ITB
Clause 5 of the Bidding Documents.

We likewise certify/confirm that the undersigned, [for sole proprietorships,

insert: as the owner and sole proprietor or authorized representative of Name of
Bidder, has the full power and authority to participate, submit the bid, and to sign and
execute the ensuing contract, on the latter’s behalf for the Name of Project of the
Name of the Procuring Entity] [for partnerships, corporations, cooperatives, or joint
ventures, insert: is granted full power and authority by the Name of Bidder, to
participate, submit the bid, and to sign and execute the ensuing contract on the
latter’s behalf for Name of Project of the Name of the Procuring Entity].

We acknowledge that failure to sign each and every page of this Bid Form,
including the attached Schedule of Prices, shall be a ground for the rejection of our
bid.

Dated this ________________ day of ________________ 20______.

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

70
 Contract Agreement Form

THIS AGREEMENT made the _____ day of __________ 20_____ between

[name of PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) of
the one part and [name of Supplier] of [city and country of Supplier] (hereinafter
called “the Supplier”) of the other part:

WHEREAS the Entity invited Bids for certain goods and ancillary services,
viz., [brief description of goods and services] and has accepted a Bid by the Supplier
for the supply of those goods and services in the sum of [contract price in words and
figures] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed
as part of this Agreement, viz.:

(a) the Supplier’s Bid, including the Technical and Financial Proposals, and
all other documents/statements submitted (e.g. bidder’s response to
clarifications on the bid), including corrections to the bid resulting from
the Procuring Entity’s bid evaluation;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract;
(f) the Performance Security; and
(g) the Entity’s Notice of Award.

1. In consideration of the payments to be made by the Entity to the Supplier as

hereinafter mentioned, the Supplier hereby covenants with the Entity to
provide the goods and services and to remedy defects therein in conformity in
all respects with the provisions of the Contract

2. The Entity hereby covenants to pay the Supplier in consideration of the

provision of the goods and services and the remedying of defects therein, the
Contract Price or such other sum as may become payable under the
provisions of the contract at the time and in the manner prescribed by the
contract.

71
 IN WITNESS, whereof the parties hereto have caused this Agreement to be
executed in accordance with the laws of the Republic of the Philippines on the
day and year first above written.

Signed, sealed, delivered by the (for the Entity)

Signed, sealed, delivered by the (for the Supplier).

72
 Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

AFFID AVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at

[Address of Affiant], after having been duly sworn in accordance with law, do hereby
depose and state that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of

[Name of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly

authorized and designated representative of [Name of Bidder] with office
address at [address of Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor, or authorized

representative of [Name of Bidder], I have full power and authority to do,
execute and perform any and all acts necessary to participate, submit the bid,
and to sign and execute the ensuing contract for [Name of the Project] of the
[Name of the Procuring Entity], as shown in the attached duly notarized
Special Power of Attorney;

If a partnership, corporation, cooperative, or joint venture: I am granted full

power and authority to do, execute and perform any and all acts necessary to
participate, submit the bid, and to sign and execute the ensuing contract for
[Name of the Project] of the [Name of the Procuring Entity], as shown in the
attached [state title of attached document showing proof of authorization (e.g.,
duly notarized Secretary’s Certificate, Board/Partnership Resolution, or
Special Power of Attorney, whichever is applicable;)];

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the

Government of the Philippines or any of its agencies, offices, corporations, or
Local Government Units, foreign government/foreign or international financing
institution whose blacklisting rules have been recognized by the Government
Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is

an authentic copy of the original, complete, and all statements and information
provided therein are true and correct;

73
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to the Head
of the Procuring Entity, members of the Bids and Awards Committee (BAC),
the Technical Working Group, and the BAC Secretariat, the head of the
Project Management Office or the end-user unit, and the project consultants
by consanguinity or affinity up to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of

Bidder] is related to the Head of the Procuring Entity, members of the Bids
and Awards Committee (BAC), the Technical Working Group, and the BAC
Secretariat, the head of the Project Management Office or the end-user unit,
and the project consultants by consanguinity or affinity up to the third civil
degree;

If a corporation or joint venture: None of the officers, directors, and controlling

stockholders of [Name of Bidder] is related to the Head of the Procuring
Entity, members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by
consanguinity or affinity up to the third civil degree;

7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities

as a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the

implementation of the Contract;

c) Made an estimate of the facilities available and needed for the contract to
be bid, if any; and

d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the

Project].

9. [Name of Bidder] did not give or pay directly or indirectly, any commission,
amount, fee, or any form of consideration, pecuniary or otherwise, to any
person or official, personnel or representative of the government in relation to
any procurement project or activity.

74
 IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__
at ____________, Philippines.

_____________________________________
Bidder’s Representative/Authorized
Signatory

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at

[place of execution], Philippines. Affiant/s is/are personally known to me and
was/were identified by me through competent evidence of identity as defined in the
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me
his/her [insert type of government identification card used], with his/her photograph
and signature appearing thereon, with no. ________ and his/her Community Tax
Certificate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission _______________
Notary Public for _______ until __________
Roll of Attorneys No. __________________
PTR No. ______ [date issued], [place issued]
IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

75
 Bank Guarantee Form for Advance Payment

To: [name and address of PROCURING ENTITY]

[name of Contract]

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of

Contract, which amends Clause 0 of the General Conditions of Contract to provide
for advance payment, [name and address of Supplier] (hereinafter called the
“Supplier”) shall deposit with the PROCURING ENTITY a bank guarantee to
guarantee its proper and faithful performance under the said Clause of the Contract
in an amount of [amount of guarantee in figures and words].

We, the [bank or financial institution], as instructed by the Supplier, agree

unconditionally and irrevocably to guarantee as primary obligator and not as surety
merely, the payment to the PROCURING ENTITY on its first demand without
whatsoever right of objection on our part and without its first claim to the Supplier, in
the amount not exceeding [amount of guarantee in figures and words].

We further agree that no change or addition to or other modification of the terms of

the Contract to be performed thereunder or of any of the Contract documents which
may be made between the PROCURING ENTITY and the Supplier, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance
payment received by the Supplier under the Contract until [date].

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

76
 Statement of Single Largest Completed Similar Contract

This is to certify that [name of company] has the following single largest completed similar
contract within the period February 2013 to February 2018:

Name of Date of Kind of End User’s Amount of End-User’s Bidder is

Contract the Goods Name and Contract Acceptance A) Manufacturer
Contract Sold Address (indicate the B) Supplier/Cont
date of ractor
completion or C) Distributor
the date of
official receipt)

____________________________ __________________
Name and Signature of Authorized Date
Representative

Submit the following proofs:

1. End-user’s acceptance; or
2. Official receipts; or
3. Sales invoice

77
 Statement of Ongoing and Awarded But Not Yet Started Contracts

This is to certify that [name of company] has the following ongoing and awarded but not yet
started contracts for the period December 2012- December 2017:

Name of Date of the Contract End-User’s Kinds of Value of Date of Delivery

Contract Contract Duration Name and Goods Outstanding
Address Contracts

____________________________ __________________
Name and Signature of Authorized Date
Representative

Inclusions:

a) State all ongoing contracts including those awarded but not yet started (government
and private contracts which may be similar or not similar to the project called for
bidding) within the period February 2013 to February 2018.

b) If there is no ongoing contract including awarded but not yet started as of the
aforementioned period, state none.

c) The total amount of the ongoing and awarded but not yet started contracts should
be consistent with those used in the Net Financial Contracting Capacity (NFCC), in
case an NFCC is submitted as an eligibility document.

Submit the following proofs:

3. End-user’s acceptance; or
4. Official receipts; or
5. Sales invoice

78
 BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

x------------------------------------------------------x

BID SECURING DECLARATION

Invitation to Bid: [Insert Reference number]

To: [Insert name and address of the Procuring Entity]

I/We3, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be

supported by a Bid Security, which may be in the form of a Bid-
Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding
for any contract with any procuring entity for a period of two (2) years
upon receipt of your Blacklisting order; and, (b) I/we will pay the
applicable fine provided under Section 6 of the Guidelines on the Use
of Bid Securing Declaration, within fifteen (15) days from receipt of the
written demand by the procuring entity for the commission of acts
resulting to the enforcement of the bid securing declaration under
Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of the IRR of RA
9184; without prejudice to other legal action the government may
undertake.

3. I/We understand that this 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;

3 Select one and delete the other. Adopt the same instruction for similar terms throughout the document.

79
 (c) I am/we are declared the bidder with the Lowest Calculated
Responsive Bid, and I/we have furnished the performance
security and signed the Contract.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____
day of [month] [year] at [place of execution].

[Insert NAME OF BIDDER’S

AUTHORIZED REPRESENTATIVE]
[Insert Signatory’s Legal Capacity]
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at

[place of execution], Philippines. Affiant/s is/are personally known to me and
was/were identified by me through competent evidence of identity as defined in the
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me
his/her [insert type of government identification card used], with his/her photograph
and signature appearing thereon, with no. ________ and his/her Community Tax
Certificate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission _______________
Notary Public for _______ until __________
Roll of Attorneys No. __________________
PTR No. ______ [date issued], [place issued]
IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

80