Sample Invitation To Negotiate

SUPREME COURT OF THE PHILIPPINES __ _Page 1 of 81
BAC-GS (Ambulance for the Supreme Court)
Republic of the Philippines

Supreme Court
Manila
BIDS AND AWARDS COMMITTEE

FOR GOODS AND SERVICES
(SC-BAC-GS)
NEGOTIATION DOCUMENTS
_____________________________________
Procurement of Ambulance for the

Supreme Court
SUPREME COURT OF THE PHILIPPINES _ _ _Page 2 of 81
BAC-GS (Negotiated Procurement Due to Two-Failed Biddings Procurement of Ambulance for the Supreme Court)
Table of Contents
_____________________________________________
SECTION I. INVITATION TO NEGOTIATE ............................................................. 3

SECTION II. INSTRUCTIONS TO BIDDERS .......................................................... 22
A. General ............................................................................................................................22
1. Scope of Bid ...........................................................................................................22
2. Source of Funds .....................................................................................................22
3. Corrupt, Fraudulent, Collusive, and Coercive Practices ........................................22
4. Conflict of Interest .................................................................................................23
5. Eligible Bidders .....................................................................................................24
6. Bidder's Responsibilities ........................................................................................26
7. Origin of Goods .....................................................................................................27
8. Subcontracts ...........................................................................................................27
B. Contents of Bidding Documents .....................................................................................28
9. Pre-Bid Conference ................................................................................................28
10. Clarification and Amendment of Bidding Documents ..........................................28
C. Preparation of Bids .........................................................................................................29
11. Language of Bid .....................................................................................................29
12. Documents Comprising the Bid: Eligibility and Technical ...................................29
13. Documents Comprising the Bid: Financial Component ........................................31
14. Alternative Bids .....................................................................................................31
15. Bid Prices ...............................................................................................................32
16. Bid Currencies .......................................................................................................33
17. Bid Validity............................................................................................................33
18. Bid Security ...........................................................................................................34
19. Format and Signing of Bids ...................................................................................36
20. Sealing and Marking of Bids .................................................................................36
D. Submission and Opening of Bids .......................................................................................37
21. Deadline for Submission of Bids ...........................................................................37
22. Late Bids ................................................................................................................37
23. Modification and Withdrawal of Bids ...................................................................37
24. Opening and Preliminary Examination of Bids .....................................................38
E. Evaluation and Comparison of Bids ....................................................................................39
25. Process to be Confidential .....................................................................................39
26. Clarification of Bids ...............................................................................................39
27. Domestic Preference ..............................................................................................39
28. Detailed Evaluation and Comparison of Bids ........................................................40
29. Post-Qualification ..................................................................................................41
30. Reservation Clause.................................................................................................42
F. Award of Contract ...............................................................................................................43
31. Contract Award ......................................................................................................43
32. Signing of the Contract ..........................................................................................44
33. Performance Security .............................................................................................44
34. Notice to Proceed ...................................................................................................45
35. Protest Mechanism .................................................................................................45
SECTION III. BID DATA SHEET ......................................................................... 46
SECTION VI. TECHNICAL SPECIFICATIONS ...................................................... 75
SECTION VIII. DRAFT CONTRACT .................................................................. 777
Section I. Invitation to Negotiate

_____________________________________________
Invitation for Negotiated Procurement Due to Two-Failed Biddings
Procurement of Ambulance for the Supreme Court
1. The Supreme Court intends to procure one (1) unit of service vehicles, with the
Approved Budget for the Contract (ABC) of Two Million Eleven Thousand One Pesos
(₱2,011,001.00), inclusive of Value-Added Tax. Bids received in excess of the ABC
shall be automatically rejected at bid opening.
2. The Supreme Court, through its Bids and Awards Committee for Goods and Services
(SC-BAC-GS), now invites technically, legally, and financially capable suppliers for the
said ambulance.
Bidders should have completed, within five (5) years from the date of submission and
receipt of bids, contracts similar to the Project. The description of an eligible bidder is
contained in the Bidding Documents, particularly in Section II, Instructions to Bidders
and Section III, the Bid Data Sheet. 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.
3. The procurement procedure for this requirement is Negotiated Procurement pursuant to

Section 53.1 of the 2016 Revised Implementing Rules and Regulations (IRR) of
Republic Act (R.A.) No. 9184, otherwise known as the "Government Procurement
Reform Act", including Annex H thereof.
The SC-BAC-GS will engage in negotiations with a sufficient number of suppliers to

ensure effective competition. The selection of the successful offer shall be based on the
best and final offer that will be submitted on the specified date shown below, and which
would meet the minimum technical specifications required.
4. Interested Bidders may obtain further information from the BAC Secretariat at the
address given below from November 17, 2020 to December 4, 2020, at 9:00 AM to 4:00
PM.
5. The schedule of bidding activities is herein stated below:
Activities Schedule Venue

Issuance and availability of November 17, 2020 to Office of ACA Lilian
Negotiation Documents December 4, 2020 Barribal-Co, 3rd Floor,
9:00 AM to 4:00 PM Supreme Court Old Building,
Taft Avenue, City of Manila.
Conduct of Pre-Bid / November 24, 2020
Negotiation Conference (Tuesday) Via video conference
1:00 pm
Deadline for the December 7, 2020 Office of ACA Lilian
Submission of Negotiation (Monday) Barribal-Co, 3rd Floor,
Documents (Proposal) 2:00 pm Supreme Court Old Building,
Taft Avenue, City of Manila.
Opening of Negotiation December 8, 2020
Documents (Proposal) (Tuesday) Via video conference
3:00 pm
6. Interested bidders shall submit the following documents in sealed envelopes, labeled as
"Negotiated Documents", with the title of the procurement project, name of the bidder,
address of the Bidder, and contact details of the bidder, addressed to the undersigned:
Index
Tabs I. ELIGIBILITY DOCUMENTS
I-1 PhilGEPS Certificate of Registration and Membership (Platinum Membership)
Or, in lieu of the Platinum PhilGEPS Certificate:
Class “A” Documents (per GPPB Resolution No. 26-2017 and GPPB Circular No. 07-
2017), labeled as follows:
A-1 Registration certificate issued by the (a) Securities and

Exchange Commission (SEC) including Articles of
Incorporation, for a corporation; (b) Department of Trade and
Industry (DTI), for a sole proprietorship; or (c) Cooperative
Development Authority (CDA), for a cooperative.
A-2 Valid and subsisting Mayor's permit or license issued by the city
or municipality where the principal place of business of the
prospective bidder is located.
A-3 Tax clearance per Executive Order No. 398, Series of 2005, as
finally reviewed and approved by the BIR. (A Provisionary Tax
Clearance is not acceptable pursuant to GPPB Resolution No.
01-2014, dated 4 February 2014.)
A-4 Audited financial statements (AFS), showing, among others, the
bidder’s total and current assets and liabilities, stamped
“received” by the Bureau of Internal Revenue (BIR) or its duly
accredited and authorized institutions, for the preceding calendar
year which should not be earlier than two (2) years from the date
of the bid submission.
I-2 Statement of the prospective bidder of ALL its ongoing government and private contracts,
including contracts awarded but not yet started, if any, whether similar or not similar in
nature and complexity to the contract to be bid, within five (5) years prior to the date of
bid submission.
The statement shall be supported by the following documents:
1. Copies of the Contracts; and
(If there is no contract, the purchase order (P.O.) may be submitted as long as the
terms and conditions are included therein.)
2. Copies of the Notice of Award (NOA) or Notice to Proceed (NTP)
(For private contracts, NOA or NTP shall not be required.)
(Bidder’s statement shall follow the sample form

provided in Annex “A”)
Statement identifying the bidder’s single largest completed contract similar to the contract
I-3 to be bid, executed within five (5) years prior to the date of bid submission, the value of
which, adjusted to current prices using the National Statistics Office consumer price
indices, must be at least fifty percent (50%) of the approved budget for the contract (ABC)
or ₱1,005,500.50.
Supporting Document/s:
The statement shall be supported by a copy/(ies) of the End-User’s

Acceptance or Official Receipt/(s) Issued for the Contract/(s)therein.)
provided in Annex “B”)
I-4 The prospective bidder’s computation of its Net Financial Contracting Capacity (NFCC)
must be at least equal to the ABC of the lot to be bid, calculated as follows:
NFCC = [(Current Assets minus Current Liabilities) x 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 bidder’s current assets and current liabilities shall be based on the data
submitted to the Bureau of Internal Revenue (BIR), through its Electronic Filing and
Payment System (EFPS).
Or—
A Committed Line of Credit from a Universal or Commercial Bank

(10% of the ABC).
Class “B” Document
I-5 If applicable, the JVA in case the joint venture is already in existence, or duly notarized
statements from all the potential joint venture partners stating that they will enter into
and abide by the provisions of the JVA in the instance that the bid is successful.
I-6 The Bid Securing Declaration, or any form of bid security, issued in favor of the
Supreme Court, in an amount not less than the required percentage of the ABC and
subject to conditions as stated below:
1. the amount of ₱40,220.02 (or 2% of the ABC), if the bid security is in cash,
cashier’s / manager’s check, bank draft / guarantee, or irrevocable letter of credit
issued by a universal or commercial bank;
2. the amount of ₱100,550.05 (or 5% of the ABC), if the bid security is in surety bond,
callable on demand and issued by the GSIS or by bonding companies accredited
by the Supreme Court.
(For the Bid Securing Declaration, use the actual form

provided in Annex “C”)
I-7 Completely filled out Technical Bid Form, showing the Bidder’s conformity with the
technical specifications as enumerated and specified in Schedule of Requirements and
Technical Specifications, if any.
(For the Technical Bid Form, use the actual form

provided in Annex “D”)
I-7.a, Corresponding to each set of supporting documents in relation to the Bidder’s

I-7.b, conformity with the technical specifications as enumerated and specified in the Schedule
I-7.c, of Requirements and Technical Specifications, if any.
etc.
I-8 Omnibus Sworn Statement in accordance with Section 25.3 of the IRR of R.A. 9184
(For the Omnibus Sworn Statement, use the actual form

provided in Annex “E”)
Note: The Omnibus Sworn Statement needs to be submitted under oath. The
Community Tax Certificate is no longer considered competent evidence of identity. In
accordance with a Resolution of the Supreme Court, the phrase “competent evidence of
identity” refers to the identification of an individual based on any of the following:
“at least one current identification document issued by an official agency bearing
the photograph and signature of the individual, such as but not limited to,
passport, driver’s license, Professional Regulations Commission ID, National
Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
Barangay Certification, Government Service and Insurance System (GSIS) e-card,
Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas
Workers Welfare Administration (OWWA) ID, OFW ID, seaman’s book, alien
certificate of registration/immigrant certificate of registration, government office
ID, National Council for the Welfare of the Disabled Persons (NCWDP)
certification; xxx”
I-9 Accomplished Schedule of Requirements
(For the Schedule of Requirements, use the actual form

provided in Annex “F”)
I-10 Authority of the representative/signatory.
I-11 Company profile which shall include information on the number of

years in the business (at least 5 years) and the list of its officers.
Names, addresses and location sketches of main office and branch office/s if any, and
warehouse and service facilities with their respective telephone numbers including photo
showing the company's business name.
I-12 Certification from the manufacturer that the bidder is an authorized licensee/ distributor/
supplier/ reseller/ dealer of the brand/s or item/s of goods offered in its proposal.
Index
Tabs II. FINANCIAL DOCUMENTS
II-1 Financial Bid Form
(The Financial Bid Form shall follow the sample form

provided in Annex “G”)
II-2 Completely filled up Bid Price Schedule
(For the Bid Price Schedule, use the actual form provided in Annex “H”)
7. Within five (5) calendar days from notice, the bidder whose submission is
determined as the Lowest Calculated Best Offer shall submit the following
documents:
1. The latest income tax returns and business tax returns filed and paid
through the BIR Electronic Filing and Payment System (EFPS)
Note: The latest income and business tax returns are those
within the last six (6) months preceding the date of bid
submission.
2. Valid and subsisting Platinum Certificate of PhilGEPS Registration
or PhilGEPS Registration Number if the procuring entity is a
Philippine foreign office or post, provided that participating bidders
should register with the PhilGEPS prior to bid opening.
8. The Supreme Court reserves the right to accept or reject any bid, 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.
For further information, please refer to the:

Bids and Awards Committee for Goods and Services (SC-BAC-GS) Secretariat
Office of Assistant Court Administrator Lilian C. Barribal-Co
3rd Floor, Supreme Court Old Building, Taft Ave., Manila.
Telephone No. 8536-9233
e-mail: [email protected]
LILIAN C. BARRIBAL-CO
Assistant Court Administrator
and Chairperson, SC-BAC-GS
ITN No. 2020-03

ANNEX “A”
STATEMENT OF ON-GOING CONTRACTS AND

AWARDED BUT NOT YET STARTED CONTRACTS
Sample form only.
STATEMENT OF (I) ONGOING CONTRACTS AND (II) AWARDED BUT NOT YET STARTED CONTRACTS
This is to certify that _____(company)____ has the following ongoing and awarded contracts for the period CY ________.
Date of Contracting Name of Kind of Amount of Value of Date of Date of Notice of
Contract Party Contract Goods Contract Outstanding Delivery Award or Notice
Sold Contracts to Proceed
I. Ongoing Contracts
II. Awarded But Not Yet Started Contracts
TOTAL
______________________________________ ______________________
Name and Signature of Date
Authorized Representative
*Instructions:
(a) State ALL ongoing contracts including those awarded but not yet started (contracts which may be similar or not similar to the
project called for bidding) as of the day before the deadline of submission and opening of bids.
(b) If there is no ongoing contract including awarded but not yet started as of the aforementioned period, state none or equivalent
term.
(c) The total amount of the ongoing and awarded but not yet started contracts should be consisted with those used in the Net
Financial Contracting Capacity (NFCC).
(d) “Name of Contract”. Indicate here the Nature/Scope of the Contract for easier tracking of the entries/representations.
Example: “Supply and Delivery of Generator Set”
ANNEX “B”
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT
Sample form only.

ANNEX “C”
This form itself must be submitted.

Recopying is not allowed and may be a ground for disqualification.
REPUBLIC OF THE PHILIPPINES )

CITY OF MANILA ) S.S.
x-----------------------------------------------------x
BID SECURING DECLARATION
Invitation to Negotiate: Procurement of Ambulance for

the Supreme Court
To : Supreme Court of the Philippines

Padre Faura Street, Ermita, City of Manila
I/We, the undersigned, declare that:
1. I/We understand that, according to your conditions, bids must be

supported by a Bid Security, which may be in the form of a Bid
Securing Declaration.
2. I/We accept that: (a) I/we will be automatically disqualified from

bidding for any contract with any procuring entity for a period of
two (2) years upon receipt of your Blacklisting Order; and (b)
I/we will pay the applicable fine provided under Section 6 of the
Guidelines on the Use of Bid Securing Declaration, within fifteen
(15) days from receipt of the written demand by the procuring
entity for the commission of acts resulting to the enforcement of
the bid securing declaration under Sections 27.5, 34.2, 40.1, and
69.1, except 69.1(f), of the IRR of RA 9184; without prejudice to
other legal action the government may undertake.
3. I/We understand that this Bid Securing Declaration shall cease to

be valid on the following circumstances:
(a) Upon expiration of the bid validity period, or any extension

thereof pursuant to your request;
(b) I am/we are declared ineligible or post-disqualified upon

receipt of your notice to such effect, and (i) I/we failed to
timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right;
(c) I am/we are declared as the bidder with the Lowest Calculated
and Responsive Bid, and I/we have furnished the performance
security and signed the Contract.
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this

_____ day of __________, 20__ at _______________.
__________________________________
Affiant/s
[Name/s and Signature/s of the Bidder’s Authorized Representative
and his/her/their legal capacity/ies]
________________________________________
Name of Bidder Represented
SUBSCRIBED AND SWORN to before me this _____ day of

__________, 20__ at _______________, Philippines. Affiant/s is/are personally
known to me and was/were identified by me through competent evidence of
identity/ies as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-
SC). Affiant/s exhibited to me his/her/their Competent Evidence of Identity.
Name ID No. Issued At Issued On
NOTARY PUBLIC
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 20__.
ANNEX “D”
TECHNICAL BID FORM

Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specification stating
the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be
supported by evidence, where applicable, in a Bidders Bid and cross-referenced to that evidence. Failure to state the word or
phrase “comply’ or “not comply” in the respective columns in the table below shall also be a ground for disqualification. A
statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid
evaluation, post-qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or supplier
liable for prosecution subject to the provisions of ITB Clause 3.1(a)(ii) and/or GCC Clause 2.1(a)(ii).
Technical Specifications Statement of

AMBULANCE Compliance
PARTICULARS MINIMUM REQUIREMENT
1 BODY & CHASSIS
1.1 Steering Rack and Pinion with Power Assist
1.2 Brake(Front/Rear) ABS, Ventilated Disc/Drum
1.3 Color To be advised by the end-user
1.4 Fuel Tank Capacity 65-70L
1.5 Fuel system Common-rail Type
2 BODY DIMENSION
2.1 Overall Length
2.2 Overall Width Manufacturer’s Standard
2.3 Overall Height
3 TRANSMISSION
3.1 Transmission Type 5-speed Manual (Dash-Mounted)
4 ENGINE
4.1 Model Latest Model
4.2 Type 3.0 liter, 4 Cylinder L-Type, 16 Valve
DOHC
4.3 Displacement(cc) 2,982
4.4 Max. Output (Ps/Rpm) Manufacturer’s Standard
4.5 Max. Torque(Nm/Rpm) 300/1,200-2,400
4.6 Emission Rating EURO 4
5 SEATS
5.1 Seating Capacity Minimum of 4
5.2 Seat Material
5.3 Seats (Front) Manufacturer’s Standard
(Rear No.1 & Rear
No.2)
6 TIRES & RIMS
6.1 Wheel type 15” Steel with Full Cap
7 AIRCONDITIONING
7.1 Type Manufacturer’s Standard
8 AUDIO
8.1 Type CD/Tuner/MP3/AUX/USB with speaker
9 FREE ITEMS Standard Tools with Hydraulic Jack, Early
Warning Device, Seat Cover, Glass Tint,
Floor Mats, Rust Proof

10 INCLUSIONS  Three (3) years LTO Registration
 One (1) year GSIS TPL Insurance
 One (1) year GSIS Comprehensive
Insurance
 Credit Line for the Supreme Court
of the Philippines on a service
center located within Metro
Manila
11 WARRANTY 3 years or 100,000 km whichever comes
first on the main assembles of engine,
Transmission and Differential
12 EQUIPMENT 1. The patient compartment and driver’s
ACCESSORIES cabin should be separated
2. Stretcher, collapsible, with rails and
strap
Weight: not more than 10kgs.
Load Capacity: 180-200 kgs.
Length: 200cm
Width: 59cm
Height: Adaptable to the height of the
ambulance
3. Medicine Cabinet (See Annex “A” for
perspective and dimension)
4. Oxygen cylinder cage with cylinder,
flow meter (ISI) set of mask and tubing
for adult and pediatric, located
suitably, Oxygen cylinder provided in
completely filled condition (20lbs)
5. IV hook on top roof on at least 3
locations
6. LED Top light with Siren and PA
system – Red and Blue (the width
should be adapted to the width of the
vehicle. The light bar should be
Rhombus shaped. Double layered
structure continually lit span, high
luminance, Voltage DC 12V, with
addressing systems of 100W. Should
have unique high intensity Siren with
revolving flashers and light indicating
emergency while transferring a serious
patient. Siren should have five
different tones that can be
interchanged in order to draw
attention of public and take way in
high density traffic. The control panel
for this system should be fixed at a
suitable location in the driver
compartment.
7. Doctors seat
8. Squad bench for patient attenders for
at least 3 persons
9. Electric fan 2 units on both sides. (If
air-conditioner is provided as standard
in the offered ambulance then fans are
not required)
10. Exterior design/painting. All
vinyl/reflective stickers/ retro
reflective stickers/ films to be used.
After finishing the sticker works as
per the design provided by the Tender
Inviting Authority has to be laminated
or coated with suitable transparent
paint. Detailed drawing and details
will be furnished at the time of issue
of LOI or Supply order.
__________________________________________________________
Printed Name and Signature of Authorized Representative
_______________________________________________
Name of Company
______________________________________________
Address and Telephone Number
____________________________
Date
ANNEX “E”

OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT
I, _____________________ [Name of Affiant], of legal age,

___________[Civil Status],______________[Nationality], and residing at
____________________________[Address of Affiant], after having been duly
sworn in accordance with law, do hereby depose and state that:
I am the [1. sole proprietor; 2. duly authorized and designated

representative] of __________________________________ [Name of Bidder]
with office address at ____________________________[Address of Bidder].
As the [1. owner and sole proprietor, I have full power and authority to do,
execute and perform any and all acts necessary;][2. duly authorized and designated
representative, I am granted full power and authority to do, execute, and perform
any and all acts necessary as shown in the attached document showing proof of
authorization (e.g., duly notarized Secretary's Certificate issued by the corporation
or the members of the joint venture)] to represent __________________________
[Name of Bidder]in the bidding for the Procurement of Ambulance for the
Supreme Court
_____________________________[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;
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;
______________________ [Name of Bidder] is authorizing the Head of the

Procuring Entity or his duly authorized representative(s) to verify all the
documents submitted;
(In the following three paragraphs, please choose and answer only one that is
applicable to the bidder)
(1) If a sole proprietorship or sole proprietorship that is a member of a

joint venture: I am not related to Head of the Procuring Entity, members of the
Bids and Awards Committee (BAC), the Technical Working Group, and the BAC
Secretariat, or 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;
(2) If a partnership or a partnership that is a member of a joint venture:

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;
(3) If a corporation or a corporation that is a member of a 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;
(4) If a cooperative or a cooperative that is a member of a joint venture:

None of the officers, directors, and controlling shareholders or 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;
_________________________ [Name of Bidder] complies with existing

labor laws and standards;
_________________________ [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
Inquire or secure Supplemental/Bid Bulletin(s) issued for the Procurement

of Ambulance for the Supreme Court; and
_________________________ [Name of Bidder]did not give or pay,

directly or indirectly, any commission, amount, fee, or any form of consideration,
pecuniary or otherwise, to any person or official, personnel, or representative of the
government in relation to any procurement project or activity.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

__________, 20__ at _______________, Philippines.
_____________________________________
AFFIANT/S
Bidder’s Representative/Authorized Signatory
SUBSCRIBED AND SWORN to before me this _____ day of __________,

20__, affiant/s exhibiting to me his/her/their Competent Evidence of Identity.
Name ID No. Issued At Issued On
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 20__.
ANNEX “F”
Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates the project delivery date.
(The following form must be signed and submitted; recopying/retyping this page is not
allowed and may be a ground for disqualification)
Item & UNIT OF Delivered,

MEASUREMENT
QUANTITY
Description Weeks/Months
Ambulance Unit 1 Complete supply and delivery of

the ambulance to the Supreme
Court within thirty (30) calendar
days from receipt of the Purchase
Order through email.
I hereby certify to comply and deliver all the above requirements:
__________________________ ____________________________ ________

Name of Company/Bidder Signature over Printed Name of Date
Representative
ANNEX “G”
Sample form only.
FINANCIAL BID FORM
Date:
Invitation to Bid1 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 Currency Commission or
agent gratuity
1 If ADB, JICA and WB funded projects, use IFB.

2 Applicable only if the Funding Source is the ADB, JICA or WB.
(if none, state “None”)
Until a formal Contract is prepared and executed, this Bid, together with your
written acceptance thereof and your Notice of Award, shall be binding upon us.
We understand that you are not bound to accept the lowest or any Bid you
may receive.
We certify/confirm that we comply with the eligibility requirements per ITB

Clause 5 of the Bidding Documents.
Dated this ________________ day of ________________ 20__.
[signature and printed name] [in the capacity of]
Duly authorized to sign Bid for and on behalf of:
_______________________________________________
Name of Company
______________________________________________
ANNEX “H”
(The following form must be filled out and submitted; recopying/retyping this
form is not allowed and may be a ground for disqualification)
BID PRICE SCHEDULE
(ABC = ₱2,011,001.00)
ITEM SPECIFICATION Unit of Quantity Unit Price Total Amount
Measure
AMBULANCE ₱ ₱
Make and Model: Unit 1
_______________________
GRAND TOTAL: ₱
(inclusive of VAT)
Amount in Words:
_____________________________________________________________________
__________________________________________________________
Printed Name and Signature of Authorized Representative
_______________________________________________
Name of Company
______________________________________________
____________________________
Date
Section II. Instructions to Bidders

____________________________________________
A. General
1. Scope of Bid
1.1 The Procuring Entity named in the Bid Data Sheet (BDS), hereinafter referred to
as the “Procuring Entity” wishes to receive bids for the supply and delivery of
the good/s as described in Section VII. Technical Specifications (hereinafter
referred to as the “Goods”).
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 the ITB Clause 28.
2. Source of Funds
The Procuring Entity has a budget or has applied for or received funds from the
Funding Source named in the BDS, and in the amount indicated in the BDS. It
intends to apply part of the funds received for the Project, as defined in the BDS, to
cover eligible payments under the contract.
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 R.A. 3019;
ii) “fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the
detriment of the Procuring Entity, and includes collusive practices
among Bidders (prior to or after bid submission) designed to establish
bid prices at artificial, non-competitive levels and to deprive the
Procuring Entity of the benefits of free and open competition;
iii) “collusive practices” means a scheme or arrangement between two or

more Bidders, with or without the knowledge of the Procuring Entity,
designed to establish bid prices at artificial, non-competitive levels;
iv) “coercive practices” means harming or threatening to harm, directly or

indirectly, persons, or their property to influence their participation in
a procurement process, or affect the execution of a contract;
v) “obstructive practices” means—
(aa) deliberately destroying, falsifying, altering, or concealing of

evidence material to an administrative proceeding or investigation, or
making false statements to investigators in order to materially impede
an administrative proceeding 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
proceeding 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 reserves 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 GCC Clause 3.
4. Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to participate
in the procurement at hand, without prejudice to the imposition of appropriate
administrative, civil, and criminal sanctions. A Bidder may be considered to have
conflicting interests with another Bidder in any of the events described in
paragraphs (a) through (c) below, and a general conflict of interest in any of the
circumstances set out in paragraphs (d) through (f) below:
(a) A Bidder has controlling shareholders in common with another Bidder;
(b) A Bidder receives or has received any direct or indirect subsidy from any
other Bidder;
(c) A Bidder has the same legal representative as that of another Bidder for
purposes of this bid;
(d) A Bidder has a relationship, directly or through third parties, that puts
them in a position to have access to information about or influence on the
bid of another Bidder or influence the decisions of the Procuring Entity
regarding this bidding process.
(e) A Bidder submits more than one bid in this bidding process. However,
this does not limit the participation of subcontractors in more than one bid;
or
(f) 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 IRR of RA 9184, all Bidding Documents
shall be accompanied by a sworn affidavit of the Bidder that it is not related to the
Head of the Procuring Entity, members of the Bids and Awards Committee
(BAC), members of the Technical Working Group (TWG), members of the BAC
Secretariat, the head of the Project Management Office (PMO) or the end-user
unit, and the project consultants, by consanguinity or affinity up to the third civil
degree. On the part of the Bidder, this Clause shall apply to the following
persons:
(a) If the Bidder is an individual or a sole proprietorship, to the Bidder

himself;
(b) If the Bidder is a partnership, to all its officers and members;
(c) If the Bidder is a corporation, to all its officers, directors, and controlling
stockholders; and
(d) If the Bidder is a 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), or (c)
of this Clause shall correspondingly apply to each of the members of the
said JV, as may be appropriate.
Relationship of the nature described above or failure to comply with this

Clause will result in the automatic disqualification of a Bidder.
5. Eligible Bidders
5.1. Unless otherwise 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 JV, i.e., a group of two (2) or
more persons/entities that intend to be jointly and severally responsible or
liable for a particular contract; Provided, however, that Filipino ownership
or interest of the joint venture concerned shall be at least sixty percent
(60%).
5.2. Foreign Bidders may be eligible to participate when any of the following
circumstances exists, as specified in the BDS:
(a) When a Treaty or International or Executive Agreement as provided in

Section 4 of R.A. 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
(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 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)(iii).
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:
(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 Head of the Procuring Entity or its duly authorized
representative/s to verify all the documents submitted;
(h) Ensuring that the signatory is the duly authorized representative of the
Bidder, and granted full power and authority to do, execute, and perform
any and all acts necessary and/or to represent the Bidder in the bidding, with
the duly notarized Secretary's Certificate attesting to such fact, if the Bidder
is a corporation, partnership, cooperative, or joint venture;
(i) Complying with the disclosure provision under Section 47 of RA 9184 and
its IRR in relation to other provisions of RA 3019; and
(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 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
any 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 specification
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 nature of this Project; (b)
climatic conditions; (c) transportation facilities; and (d) other factors that may
affect the cost, duration, and execution or implementation of this Project.
6.5. The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the data
furnished by the Procuring Entity. However, the Procuring Entity shall ensure
that all information in the Bidding Documents, including bid/supplemental bid
bulletin/s issued, are correct and consistent.
6.6. The Bidder shall bear all costs associated with the preparation and submission of
his bid, and the Supreme Court will in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding process.
6.7. Before submitting their bids, the Bidder is deemed to have become familiar with
all existing laws, decrees, ordinances, acts, and regulations of the Philippines
which may affect this Project in any way.
6.8. The Bidder should note that the Procuring Entity will accept bids only from
those that have paid the nonrefundable 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 his bid submission, the Bidder shall include the required documents as part
of the technical component of its bid.
B. Contents of Bidding Documents
9. Pre-Bid Conference
9.1 (a) If so specified in the BDS, a pre-bid conference shall be held at the venue and
on the date indicated therein, to clarify and address the Bidders’ questions on the
technical and financial components of this Project.
(b) The pre-bid conference shall be held at least twelve (12) calendar days before
the deadline for the submission 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 and prepared
not later than five (5) calendar days after the pre-bid conference. The minutes
shall be made available to prospective bidders not later than five (5) days upon
written request.
9.3 Decisions of the BAC amending any provision of the bidding documents shall be
issued in writing through a Supplemental/Bid Bulletin at least seven (7) calendar
days before the deadline for the submission and receipt of bids.
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 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 Bid

The bid, as well as all correspondence and documents relating to the bid exchanged
by the Bidder and the Procuring Entity, shall be written in English. 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 the 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 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 IRR, provided, that the
winning bidder shall register with the PhilGEPS in accordance
with section 37.1.4 of the 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.
The statement 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;
(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 accordance with ITB Clause 5.5 or a

committed Line of Credit from a universal or commercial bank.
Class “B” Document:
(iv) If applicable, the Joint Venture Agreement (JVA) in case the joint
venture is already in existence, or duly notarized statements from
all the potential joint venture partners in accordance with Section
23.1(b) of the IRR.
(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 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

R.A. 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 bill of quantities and
the applicable Price Schedules, in accordance with ITB Clauses 15.1 and
15.4;
(b) If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a

certification from the DTI, SEC, or CDA issued in accordance with ITB
Clause 27, 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 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 system to monitor and report
bid prices relative to ABC and procuring entity’s estimate. 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 person and entities
concerned.
15. Bid Prices

15.1. The Bidder shall complete the appropriate Price Schedules included herein,
stating the unit prices, total price per item, the total amount, and the expected
countries of origin of the Goods to be supplied under this Project.
15.2. The Bidder shall fill in rates and prices for all items of the Goods described in the
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 “0” (zero) 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.
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 custom duties and sales and other taxes already paid
or payable;
(iii) The cost of transportation, insurance, and other costs incidental to

delivery of the Goods to their final destination; and
(iv) The price of other (incidental) services, if any listed in the BDS.
(b) For Goods offered from abroad:
(i) Unless otherwise stated in the BDS, the price of the Goods shall be
quoted DDP with the place of destination in the Philippines as
specified in the BDS. In quoting the price, the Bidder shall be free
to use transportation through carriers registered in any eligible
country. Similarly, the Bidder may obtain insurance services from

any eligible source country.
(ii) The price of other (incidental) services, if any, listed in the BDS.
15.5. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the
contract and not subject to variation or price escalation on any account. A bid
submitted with an adjustable price quotation shall be treated as non-responsive
and shall be rejected, pursuant to ITB Clause 24.
All bid prices for the given scope of work in the contract as awarded shall be
considered as fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances. Upon the
recommendation of the Procuring Entity, price escalation may be allowed in
extraordinary circumstances as may be determined by the National Economic and
Development Authority in accordance with the Civil Code of the Philippines, and
upon approval by the GPPB. Nevertheless, in cases where the cost of the awarded
contract is affected by any applicable new laws, ordinances, regulations, or other
acts of the GOP, promulgated after the date of bid opening, a contract price
adjustment shall be made or appropriate relief shall be applied on a no loss-no
gain basis.
16. Bid Currencies

16.1. Prices shall be quoted in the following currencies:
(a) For Goods that the Bidder will supply from within the Philippines, the prices
shall be quoted in Philippine Pesos.
(b) For Goods that the Bidder will supply from outside the Philippines, the
prices may be quoted in the currency(ies) stated in the BDS. However, for
purposes of bid evaluation, bids denominated in foreign currencies shall be
converted to Philippine currency based on the exchange rate as published in
the BSP reference rate bulletin on the day of the bid opening.
16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the amounts
in various currencies in which the bid price is expressed to Philippine Pesos at the
foregoing exchange rates.
16.3. Unless otherwise specified in the BDS, payment of the contract price shall be
made in Philippine Pesos.
17. Bid Validity
17.1. Bids shall remain valid for the period specified in the BDS which shall not exceed
one hundred twenty (120) calendar days from the date of the opening of bids.
17.2. In exceptional circumstances, prior to the expiration of the Bid validity period, the
Procuring Entity may request Bidders to extend the period of validity of their
bids. The request and the responses shall be made in writing. The bid security
described in ITB Clause 18 should also be extended corresponding to the
extension of the bid validity period at the least. A Bidder may refuse the request
without forfeiting its bid security, but his bid shall no longer be considered for
further evaluation and award. A Bidder granting the request shall not be required
or permitted to modify its bid.
18. Bid Security

18.1. The 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
t
h Form of Bid Security Amount of Bid Security
e (Not Less than the Percentage of the
ABC)
A
a. Cash or cashier's / manager's check
B
issued by a Universal or Commercial
C
Bank.
i
For biddings conducted by the LGUs,
n
the Cashier’s/manager’s Check may be
issued by other banks certified by the
a
BSP as authorized to issue such
c
financial instrument.
c
o
rb. Bank draft/guarantee or irrevocable
dletter of credit issued by a Universal or
aCommercial Bank: Provided, however, Two percent (2%)
nthat it shall be confirmed or
cauthenticated by a Universal or
eCommercial Bank, if issued by a
foreign bank.
w
iFor biddings conducted by the LGUs,
tBank Draft/Guarantee, or Irrevocable
hLetter of Credit may be issued by other
banks certified by the BSP as
tauthorized to issue such financial
hinstrument.
e
c. Surety bond callable upon demand
fissued by a surety or insurance
ocompany duly certified by the Insurance Five percent (5%)
lCommission as authorized to issue such
lsecurity.
owing schedule:
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 motion for reconsideration
and/or protest. Without prejudice on its forfeiture, bid securities shall be returned
only after the bidder with the Lowest Calculated Responsive Bid (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 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 of eligibility screening or any other
stage of the public bidding;
(vi) allowing the use of one’s name, or using the name of another for
purposes of public bidding;
(vii) withdrawal of a bid, or refusal to accept an award, or enter into
contract with the Government without justifiable cause, after the
Bidder had been adjudged as having submitted the Lowest
Calculated and Responsive Bid;
(viii) refusal or failure to post the required performance security within
the prescribed time;
(ix) refusal to clarify or validate in writing its bid during post-
qualification within a period of seven (7) calendar days from
receipt of the request for clarification;
(x) any documented attempt by a bidder to unduly influence the
outcome of the bidding in his favor;
(xi) failure of the potential joint venture partners to enter into the joint
venture after the bid is declared successful; or
(xii) all other acts that tend to defeat the purpose of 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.
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 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 indelible ink and shall be signed by the bidder or its duly
authorized representative/s.
20.4. All envelopes shall:
(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the Bidder in capital letters;
(c) be addressed to the Procuring Entity’s BAC in accordance with ITB
Clause 1.1;
(d) bear the specific identification of this bidding process indicated in the ITB
Clause 1.2; and
(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the
opening of bids, in accordance with ITB Clause 21.
20.5. Bid envelopes that are not properly sealed and marked, as required in the bidding
documents, shall not be rejected, but the Bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The
BAC or the Procuring Entity shall assume no responsibility for the misplacement
of the contents of the improperly sealed or marked bid, or for its premature
opening.
D. Submission and Opening of Bids
21. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or
before the date and time indicated in the BDS.
22. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall
not be accepted by the Procuring Entity. The BAC shall record the minutes of the
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 in the bidding
through a letter which should reach and be stamped by the BAC before the
deadline for submission and receipt of bids. A Bidder that withdraws its bid shall
not be permitted to submit another bid, directly or indirectly, for the same
contract.
23.4. No bid may be modified after the deadline for submission of bids. No bid may be
withdrawn in the interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder on the Financial
Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of
the Bidder’s bid security, pursuant to ITB Clause 18.5, and the imposition of
administrative, civil, and criminal sanctions as prescribed by RA 9184 and its
IRR.
24. Opening and Preliminary Examination of Bids
24.1. The BAC shall open the 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-GS 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.
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 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-GS 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.
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 its 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 Entitymay 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 Entity does not
exceed the lowest Foreign Bid as increased, then the Procuring Entity shall
award the contract to the Domestic Bidder/Entity 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 Entity subject to the

certification from the DTI that the Bidder is offering unmanufactured articles,
materials or supplies of the growth or production of the Philippines, or
manufactured articles, materials, or supplies manufactured or to be manufactured
in the Philippines substantially from articles, materials, or supplies of the growth,
production, or manufacture, as the case may be, of the Philippines.
28. Detailed Evaluation and Comparison of Bids

28.1. The Procuring Entity will undertake the detailed evaluation and comparison of
bids which have passed the opening and preliminary examination of bids,
pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.
28.2. The Lowest Calculated Bid shall be determined in two steps:
(a) The detailed evaluation of the financial component of the bids, to establish
the correct calculated prices of the bids; and
(b) The ranking of the total bid prices as so calculated from the lowest to the
highest. The bid with the lowest price shall be identified as the Lowest
Calculated Bid.
28.3. The Procuring Entity's BAC shall immediately conduct a detailed evaluation of
all bids rated “passed,” using non-discretionary pass/fail criteria. Unless
otherwise specified in the BDS, the BAC shall consider the following in the
evaluation of bids:
(a) Completeness of the bid. Unless the 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.
28.5. The Procuring Entity’s evaluation of bids shall only be based on the bid price
quoted in the Financial Bid Form.
28.6. Bids shall be evaluated on an equal footing to ensure fair competition. For this
purpose, all bidders shall be required to include in their bids the cost of all taxes,
such as, but not limited to, value added tax (VAT), income tax, local taxes, and
other fiscal levies and duties which shall be itemized in the bid form and reflected
in the detailed estimates. Such bids, including said taxes, shall be the basis for bid
evaluation and comparison.
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 combination 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 lost 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 (LCB) complies with and is
responsive to all the requirements and conditions specified in ITB Clauses 5, 12,
and 13.
29.2. Within a non-extendible period of five (5) calendar days from receipt by the
bidder of the notice from the BAC that it submitted the 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.
29.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all
the criteria for post-qualification, it shall declare the said bid as the Lowest
Calculated Responsive Bid, and recommend to the Head of the Procuring Entity
the award of contract to the said Bidder at its submitted price or its calculated bid
price, whichever is lower.
29.5. A negative determination shall result in rejection of the Bidder’s Bid, in which
event the Procuring Entity shall proceed to the next Lowest Calculated Bid to
make a similar determination of that Bidder’s capabilities to perform
satisfactorily. If the second Bidder, however, fails the post-qualification, the
procedure for post-qualification shall be repeated for the Bidder with the next
Lowest Calculated Bid, and so on until the Lowest Calculated Responsive Bid is
determined for contract award.
29.6. Within a period not exceeding fifteen (15) calendar days from the 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 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
ground for it. When applicable, the BAC shall conduct a post-qualification of the
Bidder with the next Lowest Calculated Bid. A request for reconsideration may be
filed by the bidder with the HoPE in accordance with Section 37.1.3 of the IRR of
RA 9184.
30. Reservation Clause
30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring

Entity reserves the right to review its qualifications at any stage of the
procurement process if it has reasonable grounds to believe that a
misrepresentation has been made by the said bidder, or that there has been a
change in the Bidder’s capability to undertake the project from the time it
submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements, statements or
documents, or any changes in the situation of the Bidder which will affect its
capability to undertake the project so that it fails the preset eligibility or bid
evaluation criteria, the Procuring Entity shall consider the said Bidder as
ineligible and shall disqualify it from submitting a bid or from obtaining an award
or contract.
30.2. Based on the following grounds, the Procuring Entity reserves the right to reject
any and all bids, declare a Failure of Bidding at any time prior to the contract
award, or not to award the contract, without thereby incurring any liability, and
make no assurance that a contract shall be entered into as a result of the bidding:
(a) If there is prima facie evidence of collusion between appropriate public

officers or employees of the Procuring Entity, or between the BAC and
any of the bidders, or if the collusion is between or among the bidders
themselves, or between a bidder and a third party, including any act which
restricts, suppresses, or nullifies or tends to restrict, suppress, or nullify
competition;
(b) If the Procuring Entity’s BAC is found to have failed in following the
prescribed bidding procedures; or
(c) For any justifiable and reasonable ground where the award of the contract
will not redound to the benefit of the GOP as follows:
(i) If the physical and economic conditions have significantly changed

so as to render the project no longer economically, financially, or
technically feasible as determined by the Head of the Procuring
Entity;
(ii) If the project is no longer necessary as determined by the Head of

the Procuring Entity; and
(iii) If the source of funds for the project has been withheld or reduced
through no fault of the Procuring Entity.
30.3. In addition, the Procuring Entity may likewise declare a failure of bidding when:
(a) No bids are received;
(b) All prospective bidders are declared ineligible;
(c) All bids fail to comply with all the bid requirements or fail post-
qualification; or
(d) The Bidder with the Lowest Calculated Responsive Bid (LCRB) refuses,
without justifiable cause to accept the award of contract, and no award is
made.
F. Award of Contract
31. Contract Award

31.1. Subject to ITB Clause 29, the Procuring Entity shall award the contract to the
Bidder whose bid has been determined to be the LCRB.
31.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall
notify the successful Bidder in writing that its bid has been accepted, through a
Notice of Award received personally or sent by registered mail or electronically,
receipt of which must be confirmed in writing within two (2) days by the Bidder
with the LCRB and submitted personally or sent by registered mail or
electronically to the Procuring Entity.
31.3. Notwithstanding the issuance of the Notice of Award, award of contract shall be
subject to the following conditions:
(a) Submission of the 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 and sign and date the contract
and return it to the Procuring Entity.
32.3. The Supreme Court shall enter into contract with the successful Bidder within the
same ten-calendar day period provided that all the documentary requirements are
complied with.
32.4. The following documents shall form part of the contract:
(a) Contract Agreement;
(b) Bidding Documents;
(c) Winning bidder’s bid, including the Technical and Financial Proposals, and
all other documents/statements submitted (e.g., bidder’s response to request
for clarification 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:
Form of Performance Security Amount of Performance Security

(Not less than the Percentage of the
Total Contract Price)
a) Cash or cashier’s/manager’s check

issued by a Universal or Commercial
Bank.
Five percent
For biddings conducted by the (5%)
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 Commercial Bank: Provided,
however, that it shall be confirmed
or authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.
For biddings conducted by the

LGUs, the Bank Draft/Guarantee or
Irrevocable Letter of Credit may be
issued by other banks certified by the
BSP as authorized to issue such
financial instrument.
c) Surety bond callable upon demand
issued by a surety or insurance
company duly certified by the Thirty percent
Insurance Commission as authorized (30%)
to issue such security; and/or
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 its
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 IRR of RA 9184.
Section III. Bid Data Sheet

_____________________________________________
ITB
Clause
1.1 The Procuring Entity is the Supreme Court of the Philippines.
The scope of the bid should comply with the technical
specifications as provided in Section VII.
1.2 The lot is:

Supply and Delivery of Ambulance for the Supreme Court,
with an ABC of ₱2,011,001.00.
2 The Funding Source is:

The Government of the Philippines, through the Local Bank
Account of the Supreme Court, in the total amount of Two
Million Eleven Thousand One Pesos (₱2,011,001.00) inclusive
of Value-Added Tax.
The name of the Project is Procurement of Ambulance for the

Supreme Court
3.1 No further instructions.
5.2 None of the circumstances mentioned in the ITB Clause exists in

this Project. Foreign bidders, except those falling under ITB
Clause 5.2(b), may not participate in this Project.
5.4 The Bidder must have completed within five (5) years from the
date of bid submission a single contract that is similar to the
corresponding lot for which it is submitting a bid. The value of
the said single and similar contract must be equivalent to at least
fifty percent (50%) of the corresponding ABC of ₱2,011,001.00,
or ₱1,005,500.50.
7 No further instructions.
8.1 Subcontracting is not allowed.
8.2 Not applicable.
9.1 The Procuring Entity will hold a Pre-Bid/ Negotiation

Conference for this project, via video conferencing, on
November 24, 2020, 1:00. The following are the guidelines for
the conduct of the Pre-Bid/ Negotiation Conference

Conference:
1. Pursuant to the Supreme Court Workplace Protocol,

prospective bidders may attend the Pre-Bid Conference
video conferencing thru Microsoft Teams application.
2. Prospective bidders are required to submit to the Secretariat

the e-mail address that they will use in accessing the video
conference, on or before November 24, 2020, 12:00 p.m.
3. Only one (1) e-mail address is required and shall be

submitted. Only the declared e-mail address shall be
allowed access to the video conference.
4. The access link for the video conference will be sent to the
declared e-mail address.
5. The prospective bidders shall be notified and invited by the

Secretariat on the day of the Pre-Bid Conference via
videoconferencing thru the declared e-mail address.
10.1 The Procuring Entity’s address is:

c/o ACA Lilian C. Barribal-Co
Chairperson
Bids and Awards Committee for Goods and Services
(SC-BAC-GS)
3rd Floor, Supreme Court Old Building
Taft Avenue, City of Manila
Tel. no. 8536 9233;
e-mail address: [email protected]
12.1 Instructions regarding indexing of eligibility documents:
Interested bidders shall submit the following documents in sealed

envelopes, labeled as "Negotiated Documents", with the title of
the procurement project, name of the bidder, address of the
Bidder, and contact details of the bidder, addressed to the
undersigned:
INDEX
TABS I. ELIGIBILITY DOCUMENTS
I-1 PhilGEPS Certificate of Registration and
Membership (Platinum Membership)
Or, in lieu of the Platinum PhilGEPS Certificate:
Class “A” Documents (per GPPB Resolution No.

26-2017 and GPPB Circular No. 07-2017),

labeled as follows:
A-1 Registration certificate issued by the

(a) Securities and Exchange
Commission (SEC) including Articles of
Incorporation, for a corporation; (b)
Department of Trade and Industry
(DTI), for a sole proprietorship; or (c)
Cooperative Development Authority
(CDA), for a cooperative.
A-2 Valid and subsisting Mayor's permit or
license issued by the city or
municipality where the principal place
of business of the prospective bidder is
located.
A-3 Tax clearance per Executive Order No.
398, Series of 2005, as finally reviewed
and approved by the BIR. (A
Provisionary Tax Clearance is not
acceptable pursuant to GPPB Resolution
No. 01-2014, dated 4 February 2014.)
A-4 Audited financial statements (AFS),
showing, among others, the bidder’s
total and current assets and liabilities,
stamped “received” by the Bureau of
Internal Revenue (BIR) or its duly
accredited and authorized institutions,
for the preceding calendar year which
should not be earlier than two (2) years
from the date of the bid submission.
I-2 Statement of the prospective bidder of ALL its
ongoing government and private contracts,
including contracts awarded but not yet started, if
any, whether similar or not similar in nature and
complexity to the contract to be bid, within five
(5) years prior to the date of bid submission.
The statement shall be supported by the

following documents:
1. Copies of the Contracts; and
(If there is no contract, the purchase

order (P.O.) may be submitted as long as
the terms and conditions are included
therein.)
2. Copies of the Notice of Award (NOA) or

Notice to Proceed (NTP)
(For private contracts, NOA or NTP shall

not be required.)

provided in Annex “A”)
I-3 Statement identifying the bidder’s single largest
completed contract similar to the contract to be
bid, executed within five (5) years prior to the date
of bid submission, the value of which, adjusted to
current prices using the National Statistics Office
consumer price indices, must be at least fifty
percent (50%) of the approved budget for the
contract (ABC) or ₱1,005,500.50.
Supporting Document/s:
The statement shall be supported by a

copy/(ies) of the End-User’s Acceptance
or Official Receipt/(s) Issued for the
Contract/(s)therein.)
(Bidder’s statement shall follow the sample

form provided in Annex “B”)
The prospective bidder’s computation of its Net
I-4 Financial Contracting Capacity (NFCC) must be
at least equal to the ABC of the lot to be bid,
calculated as follows:
NFCC = [(Current Assets minus Current

Liabilities) x 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 bidder’s current assets and

current liabilities shall be based on the data
submitted to the Bureau of Internal Revenue
(BIR), through its Electronic Filing and
Payment System (EFPS).
Or—
A Committed Line of Credit from a Universal

or Commercial Bank
(10% of the ABC).
Class “B” Document
I-5 If applicable, the JVA in case the joint venture
is already in existence, or duly notarized
statements from all the potential joint venture
partners stating that they will enter into and
abide by the provisions of the JVA in the
instance that the bid is successful.
I-6 The Bid Securing Declaration, or any form of

bid security, issued in favor of the Supreme
Court, in an amount not less than the required
percentage of the ABC and subject to
conditions as stated below:
1. the amount of ₱40,220.02 (or 2% of the

ABC), if the bid security is in cash, cashier’s
/ manager’s check, bank draft / guarantee, or
irrevocable letter of credit issued by a
universal or commercial bank;
2. the amount of ₱100,550.05 (or 5% of the

ABC), if the bid security is in surety bond,
callable on demand and issued by the GSIS
or by bonding companies accredited by
the Supreme Court.
(For the Bid Securing Declaration, use the

actual form provided in Annex “C”)
I-7 Completely filled out Technical Bid Form,
showing the Bidder’s conformity with the
technical specifications as enumerated and
specified in Schedule of Requirements and
Technical Specifications, if any.
(For the Technical Bid Form, use the actual

form provided in Annex “D”)
I-7.a, I- Corresponding to each set of supporting
7.b, I-7.c, documents in relation to the Bidder’s conformity
etc. with the technical specifications as enumerated
and specified in the Schedule of Requirements
and Technical Specifications, if any.
I-8 Omnibus Sworn Statement in accordance with

Section 25.3 of the IRR of R.A. 9184
(For the Omnibus Sworn Statement, use the

actual form provided in Annex “E”)
Note: The Omnibus Sworn Statement needs to

be submitted under oath. The Community Tax
Certificate is no longer considered competent
evidence of identity. In accordance with a
Resolution of the Supreme Court, the phrase
“competent evidence of identity” refers to the
identification of an individual based on any of
the following:
“at least one current identification

document issued by an official agency
bearing the photograph and signature of
the individual, such as but not limited to,
passport, driver’s license, Professional
Regulations Commission ID, National
Bureau of Investigation clearance, police
clearance, postal ID, voter’s ID, Barangay
Certification, Government Service and
Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth
card, senior citizen card, Overseas
Workers Welfare Administration
(OWWA) ID, OFW ID, seaman’s book,
alien certificate of registration/immigrant
certificate of registration, government
office ID, National Council for the
Welfare of the Disabled Persons
(NCWDP) certification; xxx”
I-9 Accomplished Schedule of Requirements
(For the Schedule of Requirements, use the

actual form provided in Annex “F”)
I-10 Authority of the representative/signatory.
I-11 Company profile which shall include information
on the number of years in the business (at least 5
years) and the list of its officers.
Names, addresses and location sketches of main

office and branch office/s if any, and warehouse
and service facilities with their respective

telephone numbers including photo showing the
company's business name.
I-12 Certification from the manufacturer that the

bidder is an authorized licensee/ distributor/
supplier/ reseller/ dealer of the brand/s or item/s
of goods offered in its proposal.
The Technical Bid Form shall immediately be subjected to
a Compliance Pass. The technical proposal determined at
the bid opening date to have incomplete or non-complying
submissions vis-a-vis the technical requirements shall be
automatically rejected and their financial bids returned
unopened.
12.1(a)(ii) The Bidder must have completed within five (5) years prior to the
date of bid submission a single contract that is similar to this
Project, equivalent to at least fifty percent (50%) of the ABC or
₱1,005,500.50.
13.1(a) Instructions regarding indexing of financial documents:
The second envelope shall contain documents comprising the

financial component of the bid indexed as follows:
INDEX
TABS FINANCIAL DOCUMENTS
II-1 Financial Bid Form
(The Financial Bid Form shall follow the sample

form provided in Annex “G”)
II-2 Completely filled up Bid Price Schedule
(For the Bid Price Schedule, use the actual form

provided in Annex “H”)
The financial bid proposal must be in the prescribed Financial Bid

Forms and must clearly state the total bid price for the whole
package as indicated in the Bidding Documents. The
requirements or specifications for each item are mandatory.
Hence failure to comply will result to the rejection of the bidder's
proposal. All proposals determined to be complying with the
mandatory technical requirements shall be ranked based on their

corresponding financial proposal.
The Financial Bid Form should comply with ITB Clauses 15 and
16.
13.1(b) No further instructions.
13.1(c) No additional requirements
13.2 The ABC for this lot is Two Million Eleven Thousand One
Pesos (₱2,011,001.00), inclusive of Value-Added Tax. Any bid
with a financial component exceeding this amount shall not be
accepted.
15.4(a)(iv) No incidental services are required.
15.4(b)(i) No incidental services are required
16.1(b) The Bid prices for Goods supplied from outside of the Philippines
shall be quoted in Philippine Pesos.
16.3 Not applicable.
17.1 Bids will be valid for one hundred twenty (120) calendar days
from the date of opening of bids.
18.1 The bid security shall be in the form of a Bid Securing

Declaration or in any form of bid security in an amount not less
than the required percentage of the ABC and subject to
conditions as stated below:
3. the amount of ₱40,220.02 (or 2% of the ABC), if the bid

security is in cash, cashier’s / manager’s check, bank draft /
guarantee, or irrevocable letter of credit issued by a
universal or commercial bank;
4. the amount of ₱100,550,05 (or 5% of the ABC), if the bid
security is in surety bond, callable on demand and issued
by the GSIS or by bonding companies accredited by the
Supreme Court.
18.2 The bid security shall be valid until one hundred twenty days
(120) from the date of the opening of bids.
21 The address for submission of bids/best offer is Office of ACA

Lilian C. Barribal-Co, 3rd Floor, Supreme Court Old
Building, Taft Avenue, City of Manila.
The deadline for submission of bids/best offer is 2:00 pm,

December 7, 2020, at the Office of ACA Lilian C. Barribal-Co,
3rd Floor, Supreme Court Old Building, Taft Avenue, City of

Manila.
24.1
Bid/Best Offer opening shall be conducted at 1:30 p.m. on
December 8, 2020 at the Office of ACA Lilian C. Barribal-Co,
3rd Floor, Supreme Court Old Building, Taft Avenue, City of
Manila. The following are the rules to be observed:
a. Pursuant to the Supreme Court Workplace Protocol,

prospective bidders submitting their respective bids shall be
invited to attend the opening of bids via video conferencing
thru Microsoft Teams application.
b. Only one (1) e-mail address is required and shall be

submitted by the prospective bidder. Only the declared
e-mail address shall be allowed access to the video
conference.
c. The access link for the video conference will be sent to the
declared e-mail address.
d. The bidders shall be notified and invited by the Secretariat

on the day of the opening of the bids via videoconferencing
thru the declared e-mail address.
24.2 The Opening of the Bids/Best Offer shall be conducted via video-
conferencing and actual face to face meeting. Named members of
the SC-BAC-GS shall be physically present during the opening of
the bids to physically assess and evaluate the bids submission of
the bidders while the bidders as well as the other members of the
SC-BAC-GS shall be in attendance through video-conferencing
to ensure transparency of the proceedings. The following rules
shall be observed:
1. The SC-BAC-GS shall first open the bids, beginning with the
Technical Component Envelope (first envelope) to determine
each bidder’s compliance with the eligibility and technical
requirements. The SC-BAC-GS shall examine and check the
submitted documents using a non-discretionary “PASS” or
“FAIL” criteria.
2. The SC-BAC-GS shall examine first the completeness of

the prospective bidders’ eligibility requirements. Only bidders
with complete eligibility requirements may be considered
“eligible” to participate in the bidding.
3. The SC-BAC-GS shall then evaluate the technical

requirements submitted by the eligible bidders. In case one or
more of the required documents of a particular bid in the

Technical Proposal Envelope is missing, incomplete, or
patently insufficient, it shall rate the bid concerned as
“FAILED". Otherwise, it shall be rated as "PASSED".
4. The SC-BAC-GS shall immediately open the Financial

Component Envelope of the bidder whose first envelope was
rated "PASSED". In case one or more of the requirements of a
particular bid in the Financial Proposal Envelope is missing,
incomplete, or partially insufficient, and/or if the submitted
total amount of bid exceeds the approved budget for the
contract, it shall rate the bid concerned as "FAILED".
Otherwise, it shall be rated as "PASSED".
5. 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.
6. The SC-BAC-GS shall declare the bidder with the Lowest

Calculated Best Offer, subject to detailed evaluation and post-
qualification.
Partial bid is not allowed. The goods are grouped in a single lot
28.3(a) and the lot shall not be divided into sub-lots for the purpose of
bidding, evaluation, and contract award.
28.3(b) Bid modification is allowed in case of arithmetical corrections

only.
29.2 For purposes of post-qualification, the Procuring Entity

requires the Bidder with the Lowest Calculated Bid (LCB) to
submit the following documentary requirements within a non-
extendible period of five (5) calendar days from receipt by the
bidder of the notice the SC-BAC-GS that it submitted the LCB:
1. The latest income tax returns and business tax
returns filed and paid through the BIR
Electronic Filing and Payment System (EFPS):
Note: The latest income and business tax
returns are those within the last six (6) months

preceding the date of bid submission.
2. Valid and subsisting Platinum Certificate of
PhilGEPS Registration or PhilGEPS
Registration Number if the procuring entity is a
Philippine foreign office or post, provided that
participating bidders should register with the
PhilGEPS prior to bid opening.
32.4(f) No additional requirement.
The performance security shall be in an amount not less than the

33 required percentage of the total contract price in accordance with
the following schedule:
Form of Performance Security Amount of Performance Security

(Not less than the Percentage of the Total Contract
Price)
a) Cash or cashier’s/manager’s check issued by a

Universal or Commercial Bank.
For biddings conducted by the LGUs, the Five percent

Cashier’s/manager’s Check may be issued by (5%)
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 Commercial
Bank: Provided, however, that it shall be
confirmed or authenticated by a Universal or
Commercial Bank, if issued by a foreign bank.
For biddings conducted by the LGUs, the Bank

Draft/Guarantee or Irrevocable Letter of Credit
may be issued by other banks certified by the
BSP as authorized to issue such financial
instrument.
c) Surety bond callable upon demand issued by a

surety or insurance company duly certified by
the Insurance Commission as authorized to issue Thirty percent
such security; and/or (30%)
The date of the Bidder’s receipt of the Notice to Proceed will be

34.2 regarded as the effective date of the contract, unless otherwise
specified.
Section IV. General Conditions of Contract

_____________________________________________
1. Definitions
1.1 In this Contract, the following terms shall be interpreted as indicated:
(a) “The Contract” means the agreement entered into between the Procuring
Entity and the Supplier, as recorded in the Contract Form signed by the
parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.
(b) “The Contract Price” means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual obligations.
(c) “The Goods” means all of the supplies, equipment, machinery, spare parts,
other materials, and/or general support services which the Supplier is
required to provide to the Procuring Entity under the Contract.
(d) “The Services” means those services ancillary to the supply of the Goods,
such as transportation and insurance, and any other incidental services, such
as installation, commissioning, provision of technical assistance, training,
and other such obligations of the Supplier covered under the Contract.
(e) “GCC” means the General Conditions of Contract contained in this Section.
(f) “SCC” means the Special Conditions of Contract.
(g) “The Procuring Entity” means the organization purchasing the Goods, as
named in the SCC.
(h) “The Procuring Entity’s country” is the Philippines.
(i) “The Supplier” means the individual contractor, manufacturer distributor, or

firm supplying/manufacturing the Goods and Services under this Contract
and named in the SCC.
(j) The “Funding Source” means the organization named in the SCC.
(k) “The Project Site,” where applicable, means the place or places named in
the SCC.
(l) “Day” means calendar day.
(m) The “Effective Date” of the contract will be the date of receipt by the
Supplier of the Notice to Proceed or the date provided in the Notice to
Proceed. Performance of all obligations shall be reckoned from the
Effective Date of the Contract.
(n) “Verified Report” refers to the report submitted by the Implementing Unit to
the Head of the Procuring Entity setting forth its findings as to the
existence of grounds or causes for termination and explicitly stating its
recommendation for the issuance of a Notice to Terminate.
2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1. 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.
(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
4.1. This Contract shall be interpreted in accordance with the laws of the Republic of
the Philippines.
4.2. This Contract has been executed in the English language, which shall be the
binding and controlling language for all matters relating to the meaning or
interpretation of this Contract. All correspondence and other documents
pertaining to this Contract exchanged by the parties shall be written in English.
5. Notices
5.1. Any notice, request, or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request, or consent
shall be deemed to have been given or made when received by the concerned
party, either in person or through an authorized representative of the Party to
whom the communication is addressed, or when sent by registered mail, telex,
telegram, or facsimile to such Party at the address specified in the SCC, which
shall be effective when delivered and duly received or on the notice’s effective
date, whichever is later.
5.2. A Party may change its address for notice hereunder by giving the other Party
notice of such change pursuant to the provisions listed in the SCC for GCC
Clause 5.1.
6. Scope of Contract
6.1. The GOODS and Related Services to be provided shall be as specified in
Section VI. Schedule of Requirements.
6.2. This Contract shall include all such items, although not specifically mentioned,
that can be reasonably inferred as being required for its completion as if such
items were expressly mentioned herein. Any additional requirements for the
completion of this Contract shall be provided in the SCC.
7. Subcontracting
7.1. Subcontracting of any portion of the Goods, if allowed in the BDS, does not
relieve the Supplier of any liability or obligation under this Contract. The
Supplier will be responsible for the acts, defaults, and negligence of any
subcontractor, its agents, servants or workmen as fully as if these were the

Supplier’s own acts, defaults, or negligence, or those of its agents, servants or
workmen.
7.2. Subcontractors disclosed and identified during the bidding may be changed during
the implementation of this Contract, subject to compliance with the required
qualifications and the approval of the Procuring Entity.
8. Procuring Entity’s Responsibilities
8.1. Whenever the performance of the obligations in this Contract requires that the
Supplier obtain permits, approvals, import, and other licenses from local public
authorities, the Procuring Entity shall, if so needed by the Supplier, make its best
effort to assist the Supplier in complying with such requirements in a timely and
expeditious manner.
8.2. The Procuring Entity shall pay all costs involved in the performance of its
responsibilities in accordance with GCC Clause 6.
9. Prices
9.2. 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.
9.3. 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 GCCClause
0.
10. Payment
10.1. Payments shall be made only upon a certification by the Head of the Procuring
Entity to the effect that the Goods have been rendered or delivered in accordance
with the terms of this Contract and have been duly inspected and accepted. Except
with the prior approval of the President no payment shall be made for services not
yet rendered or for supplies and materials not yet delivered under this Contract.
Ten percent (10%) of the amount of each payment shall be retained by the
Procuring Entity to cover the Supplier’s warranty obligations under this Contract
as described in GCC Clause 17.
10.2. The Supplier’s request(s) for payment shall be made to the Procuring Entity in
writing, accompanied by an invoice describing, as appropriate, the Goods
delivered and/or Services performed, and by documents submitted pursuant to the
SCC provision for GCC Clause 6.2, and upon fulfillment of other obligations
stipulated in this Contract.
10.3. Pursuant to GCC Clause 10.2, payments shall be made promptly by the
Procuring Entity, but in no case later than sixty (60) days after submission of an
invoice or claim by the Supplier.
10.4. Unless otherwise specified in the SCC, the currency in which payment is made to
the Supplier under this Contract shall be in Philippine Pesos.
11. Advance Payment

11.1. Advance payment shall be made only after prior approval of the President, and
shall not exceed fifteen percent (15%) of the Contract amount, unless otherwise
directed by the President or in cases allowed under Annex “D” of RA 9184.
11.2. For Goods supplied from abroad, the terms and 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
SCCprovision on Delivery and Documents.
(c) On Acceptance: The remaining twenty percent (20%) of the Contract Price
shall be paid to the Supplier within sixty (60) days after the date of submission
of the acceptance and inspection certificate for the respective delivery issued
by the Procuring Entity’s authorized representative. In the event that no
inspection or acceptance certificate is issued by the Procuring Entity’s
authorized representative within forty-five (45) days of the date shown on the
delivery receipt the Supplier shall have the right to claim payment of the
remaining twenty percent (20%) subject to the Procuring Entity’s own
verification of the reason(s) for the failure to issue documents (vii) and (viii)
as described in the SCC provision on Delivery and Documents.
11.3. All progress payments shall first be charged against the advance payment until the
latter has been fully exhausted.
12. Taxes and Duties
The Supplier, whether local or foreign, shall be entirely responsible for all the necessary
taxes, stamp duties, license fees, and other such levies imposed for the completion of this
Contract.
13. Performance Security

13.1. 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 14.1
shall remain the property of the Procuring Entity and shall be returned (all
copies) to the Procuring Entity on completion of the Supplier’s performance
under this Contract if so required by the Procuring Entity.
15. Standards
The Goods provided under this Contract shall conform to the standards mentioned in
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 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 ten percent
(10%) of every progress payment, or a special bank guarantee equivalent to at
least ten percent (10%) of the Contract Price or other such amount if so specified
in the SCC. The said amounts shall only be released after the lapse of the
warranty period specified in the SCC; provided, however, that the Supplies
delivered are free from patent and latent defects and all the conditions imposed
under this Contract have been fully met.
17.4. The Procuring Entity shall promptly notify the Supplier in writing of any claims
arising under this warranty. Upon receipt of such notice, the Supplier shall, within
the period specified in the SCC and with all reasonable speed, repair or replace
the defective Goods or parts thereof, without cost to the Procuring Entity.
17.5. If the Supplier, having been notified, fails to remedy the defect(s) within the
period specified in GCC Clause 17.4, the Procuring Entity may proceed to take
such remedial action as may be necessary, at the Supplier’s risk and expense and
without prejudice to any other rights which the Procuring Entity may have
against the Supplier under the Contract and under the applicable law.
18. Delays in the Supplier’s Performance
18.1. Delivery of the Goods and/or performance of Services shall be made by the
Supplier in accordance with the time schedule prescribed by the Procuring
Entity in Section VI, Schedule of Requirements.
18.2. If at any time during the performance of this Contract, the Supplier or its
Subcontractor(s) should encounter conditions impeding timely delivery of the
Goods and/or performance of Services, the Supplier shall promptly notify the
Procuring Entity in writing of the fact of the delay, its likely duration and its
cause(s). As soon as practicable after receipt of the Supplier’s notice, and upon
causes provided for under GCC Clause 22, the Procuring Entity shall evaluate
the situation and may extend the Supplier’s time for performance, in which case
the extension shall be ratified by the parties by amendment of Contract.
18.3. Except as provided under GCC Clause 22, a delay by the Supplier in the
performance of its obligations shall render the Supplier liable to the imposition of
liquidated damages pursuant to GCC Clause 19, unless an extension of time is
agreed upon pursuant to GCC Clause 29 without the application of liquidated
damages.
19. Liquidated Damages
Subject to GCC 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. Once the amount of liquidated damages reaches ten percent
(10%), 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
21.1. Subject to additional provisions, if any, set forth in the SCC, the Supplier’s
liability under this Contract shall be as provided by the laws of the Republic of
the Philippines.
21.2. Except in cases of criminal negligence or willful misconduct, and in the case of
infringement of patent rights, if applicable, the aggregate liability of the Supplier
to the Procuring Entity shall not exceed the total Contract Price, provided that
this limitation shall not apply to the cost of repairing or replacing defective
equipment.
22. Force Majeure

22.1. The Supplier shall not be liable for forfeiture of its performance security,
liquidated damages, or termination for default if and to the extent that its delay in
performance or other failure to perform its obligations under the Contract is the
result of force majeure.
22.2. For purposes of this Contract the terms “force majeure” and “fortuitous event”
may be used interchangeably. In this regard, a fortuitous event or force majeure
shall be interpreted to mean an event which the Contractor could not have
foreseen, or which though foreseen, was inevitable. It shall not include ordinary
unfavorable weather conditions; and any other cause the effects of which could
have been avoided with the exercise of reasonable diligence by the Contractor.
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 may rescind or terminate a contract for default, without
prejudice to other courses of action and remedies available under the
circumstances when, outside 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;
23.2. The Procuring Entity may terminate the contract when, as a result of force
majeure, the Supplier is unable to deliver or perform any or all of the Goods,
amounting to at least ten percent (10%) of the contract price, for a period of not
less than sixty (60) calendar days after receipt of the notice from the Procuring
Entity stating that the circumstance of force majeure is deemed to have ceased;
23.3. The Procuring Entity shall terminate the contract when the Supplier fails to
perform any other obligations under the Contract;
23.4. 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;
23.5. In case the delay in the delivery of the Goods and/or performance of the Services
exceeds a time duration equivalent to ten percent (10%) of the specified contract
time plus any time extension duly granted to the Supplier, the Procuring Entity
may terminate this Contract, forfeit the Supplier's performance security, and
award the same to a qualified Supplier.
24. Termination for Insolvency
The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt
or insolvent as determined with finality by a court of competent jurisdiction. In this
event, termination will be without compensation to the Supplier, provided that such
termination will not prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to the Procuring Entity and/or the Supplier.
25. Termination for Convenience
25.1 The Procuring Entity may terminate this Contract, in whole or in part, at any
time for its convenience. The Head of the Procuring Entity may terminate a
contract for the convenience of the Government if he has determined the existence
of conditions that make Project Implementation economically, financially, or
technically impractical and/or unnecessary, such as, but not limited to, fortuitous
event(s) or changes in law and national government policies.
25.2 The Goods that have been delivered and/or performed or are ready for delivery or
performance within thirty (30) calendar days after the Supplier’s receipt of Notice
to Terminate shall be accepted by the Procuring Entity at the contract terms and
prices. For Goods not yet performed and/or ready for delivery, the Procuring
Entity may elect:
(a) to have any portion delivered and/or performed and paid at the contract terms
and prices; and/or
(b) to cancel the remainder and pay to the Supplier an agreed amount for partially
completed and/or performed goods and for materials and parts previously
procured by the Supplier.
25.3 If the Supplier suffers loss in its initial performance of the terminated contract,
such as purchase of raw materials for goods specially manufactured for the
Procuring Entity which cannot be sold in open market, it shall be allowed to
recover partially from this Contract, on a quantum meruit basis. Before recovery
may be made, the fact of loss must be established under oath by the Supplier to
the satisfaction of the Procuring Entity before recovery may be made.
26. Termination for Unlawful Acts

26.1. The Procuring Entity may terminate this Contract in case it is determined prima
facie that the Supplier has engaged, before or during the implementation of this
Contract, in unlawful deeds and behaviors relative to contract acquisition and
implementation. Unlawful acts include, but are not limited to, the following:
(a) Corrupt, fraudulent, and coercive practices as defined in ITB Clause 3.1(a);
(b) Drawing up or using forged documents;
(c) Using adulterated materials, means, or methods, or engaging in production
contrary to rules of science or the trade; and
(d) Any other act analogous to the foregoing.
27. Procedures for Termination of Contracts

27.1 The following provisions shall govern the procedures for termination of this
Contract:
(a) Upon receipt of a written report of acts or causes which may constitute
ground(s) for termination as aforementioned, or upon its own initiative, the
Implementing Unit shall, within a period of seven (7) calendar days, verify the
existence of such ground(s) and cause the execution of a Verified Report, with
all relevant evidence attached;
(b) Upon recommendation by the Implementing Unit, the Head of the Procuring
Entity shall terminate this Contract only by a written notice to the Supplier
conveying the termination of this Contract. The notice shall state:
(i) that this Contract is being terminated for any of the ground(s) afore-
mentioned, and a statement of the acts that constitute the ground(s)
constituting the same;
(ii) the extent of termination, whether in whole or in part;
(iii) an instruction to the Supplier to show cause as to why this Contract
should not be terminated; and
(iv) special instructions of the Procuring Entity, if any.
(c) The Notice to Terminate shall be accompanied by a copy of the Verified

Report;
(d) Within a period of seven (7) calendar days from receipt of the Notice of
Termination, the Supplier shall submit to the Head of the Procuring Entity a
verified position paper stating why this Contract should not be terminated. If
the Supplier fails to show cause after the lapse of the seven (7) day period,
either by inaction or by default, the Head of the Procuring Entity shall issue an
order terminating this Contract;
(e) The Procuring Entity may, at anytime before receipt of the Supplier’s
verified position paper 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 Head of the Procuring Entity shall decide
whether or not to terminate this Contract. It shall serve a written notice to the
Supplier of its decision and, unless otherwise provided, this Contract is
deemed terminated from receipt of the Supplier of the notice of decision. The
termination shall only be based on the ground(s) stated in the Notice to
Terminate;
(g) The Head of the Procuring Entity may create a Contract Termination Review
Committee (CTRC) to assist him in the discharge of this function. All
decisions recommended by the CTRC shall be subject to the approval of the
Head of the Procuring Entity; and
(h) The Supplier must serve a written notice to the Procuring Entity of its
intention to terminate the contract at least thirty (30) calendar days before its
intended termination. The Contract is deemed terminated if it is not resumed
in thirty (30) calendar days after the receipt of such notice by the Procuring
Entity.
28. Assignment of Rights

The Supplier shall not assign his rights or obligations under this Contract, in whole or in
part, except with the Procuring Entity’s prior written consent.
29. Contract Amendment

Subject to applicable laws, no variation in or modification of the terms of this Contract
shall be made except by written amendment signed by the parties.
30. Application
These General Conditions shall apply to the extent that they are not superseded by
provisions of other parts of this Contract.
Section V. Special Conditions of Contract

_____________________________________________
GCC
Clause
1.1(g) The Procuring Entity is the Supreme Court of the Philippines.
1.1(i) The Supplier is [to be inserted at the time of contract award].
1.1(j) The Funding Source is:

The Government of the Philippines, through the Local Bank
Account of the Supreme Court, in the total amount of Two
Million Eleven Thousand One Pesos (₱2,011,001.00),
inclusive of Value Added Tax.
1.1(k) The Project Site is at the Supreme Court of the Philippines,

Padre Faura St., Ermita, Manila.
5.1 The Procuring Entity’s address for Notices is:
Office of ACA Lilian Barribal-Co

3rd Floor, Supreme Court Old Building
Taft Avenue, City of Manila
Tel. No. 85369233
The Supplier’s address for Notices is: [Insert address

including, name of contact, fax and telephone number.]
6.2 Delivery and Documents –
For purposes of the Contract, “EXW,” “FOB,” “FCA,” “CIF,”

“CIP,” “DDP” and other trade terms used to describe the
obligations of the parties shall have the meanings assigned to
them by the current edition of INCOTERMS published by the
International Chamber of Commerce, Paris. The Delivery
terms of this Contract shall be as follows:
For Goods Supplied from Abroad: The delivery terms

applicable to the Contract are DDP deliveredto the Project Sites
per lot as indicated in the SCC in relation to GCC Clause No.
1.1(k). In accordance with INCOTERMS.
For Goods Supplied from Within the Philippines: The delivery

terms applicable to this Contract are delivered to the Project
Sites per lot as indicated in the SCC in relation to GCC Clause
No. 1.1(k). Risk and title will pass from the Supplier to the
Procuring Entity upon receipt and final acceptance of the Goods
at their final destination.
Delivery of the Goods shall be made by the Supplier in

accordance with the terms specified in Section VI. Schedule of
Requirements. The details of shipping and/or other documents
to be furnished by the Supplier are as follows:
For Goods supplied from within the Philippines:
Upon delivery of the Goods to the Project Sites, the Supplier

shall notify the Procuring Entity and present the following
documents to the Procuring Entity:
(i) Original and four (4) copies of the Supplier’s invoice

showing Goods’ description, quantity, unit price, and
total amount;
(ii) Original and four (4) copies delivery receipt/note, railway

receipt, or truck receipt;
(iii) Original Supplier’s factory inspection report;
(iv) Original and four (4) copies of the Manufacturer’s and/or

Supplier’s warranty certificate;
(v) Original and four (4) copies of the certificate of origin

(for imported Goods);
(vi) Delivery receipt detailing number and description of

items received signed by the authorized receiving
personnel;
(vii) Certificate of Acceptance/Inspection Report signed by

the Procuring Entity’s representative at the Project Site;
and
(viii) Four (4) copies of the Invoice Receipt for Property

signed by the Procuring Entity’s representative at the
Project Site.
For Goods supplied from abroad:
Upon shipment, the Supplier shall notify the Procuring Entity

and the insurance company by cable the full details of the

shipment, including Contract Number, description of the
Goods, quantity, vessel, bill of lading number and date, port of
loading, date of shipment, port of discharge etc. Upon delivery
to the Project Sites, the Supplier shall notify the Procuring
Entity and present the following documents as applicable with
the documentary requirements of any letter of credit issued
taking precedence:
(i) Original and four copies of the Supplier’s invoice

showing Goods’ description, quantity, unit price, and
total amount;
(ii) Original and four (4) copies of the negotiable, clean

shipped on board bill of lading marked “freight pre-paid”
and five copies of the non-negotiable bill of lading ;
(iii) Original Supplier’s factory inspection report;
(iv) Original and four (4) copies of the Manufacturer’s and/or

Supplier’s warranty certificate;
(v) Original and four (4) copies of the certificate of origin

(for imported Goods);
(vi) Delivery receipt detailing number and description of

items received signed by the Procuring Entity’s
representative at the Project Site;
(vii) Certificate of Acceptance/Inspection Report signed by

the Procuring Entity’s representative at the Project Site;
and
Incidental Services –
The Supplier is required to provide all of the following services,

including additional services, if any, specified in the purchase
order:
(a) performance or supervision of on-site assembly and/or

start-up of the supplied Goods;
(b) furnishing of tools required for assembly and/or

maintenance of the supplied Goods;
(c) furnishing of a detailed operations and maintenance

manual for each appropriate unit of the supplied Goods;
(d) performance or supervision or maintenance and/or repair

of the supplied Goods, for a period of time agreed by the
parties, provided that this service shall not relieve the
Supplier of any warranty obligations under this Contract;
and
(e) training of the Procuring Entity’s personnel, at the

Supplier’s plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the supplied
Goods.
The Contract price for the Goods shall include the prices
charged by the Supplier for incidental services and shall not
exceed the prevailing rates charged to other parties by the
Supplier for similar services.
Packaging –
The Supplier shall provide such packaging of the Goods as is

required to prevent their damage or deterioration during transit
to their final destination, as indicated in this Contract. The
packaging shall be sufficient to withstand, without limitation,
rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit, and open
storage. Packaging case size and weights shall take into
consideration, where appropriate, the remoteness of the
GOODS’ final destination and the absence of heavy handling
facilities at all points in transit.
The packaging, marking, and documentation within and outside

the packages shall comply strictly with such special
requirements as shall be expressly provided for in the Contract,
including additional requirements, if any, specified below, and
in any subsequent instructions ordered by the Procuring Entity.
The outer packaging must be clearly marked on at least four (4)

sides as follows:
Name of the Procuring Entity
Name of the Supplier
Contract Description
Final Destination
Gross weight
Any special lifting instructions

Any special handling instructions
Any relevant HAZCHEM classifications
A packaging list identifying the contents and quantities of the

package is to be placed on an accessible point of the outer
packaging if practical. If not practical the packaging list is to be
placed inside the outer packaging but outside the secondary
packaging.
Insurance –
The Goods supplied under this Contract shall be fully insured

by the Supplier in a freely convertible currency against loss or
damage incidental to manufacture or acquisition, transportation,
storage, and delivery. The Goods remain at the risk and title of
the Supplier until their final acceptance by the Procuring Entity.
Transportation –
Where the Supplier is required under Contract to deliver the

Goods CIF, CIP or DDP, transport of the Goods to the port of
destination or such other named place of destination in the
Philippines, as shall be specified in this Contract, shall be
arranged and paid for by the Supplier, and the cost thereof shall
be included in the Contract Price.
Where the Supplier is required under this Contract to transport

the Goods to a specified place of destination within the
Philippines, defined as the Project Site, transport to such place
of destination in the Philippines, including insurance and
storage, as shall be specified in this Contract, shall be arranged
by the Supplier, and related costs shall be included in the
Contract Price.
Where the Supplier is required under Contract to deliver the

Goods CIF, CIP, or DDP, Goods are to be transported on
carriers of Philippine registry. In the event that no carrier of
Philippine registry is available, Goods may be shipped by a
carrier which is not of Philippine registry provided that the
Supplier obtains and presents to the Procuring Entity
certification to this effect from the nearest Philippine consulate
to the port of dispatch. In the event that carriers of Philippine
registry are available but their schedule delays the Supplier in
its performance of this Contract the period from when the
Goods were first ready for shipment and the actual date of
shipment the period of delay will be considered force majeure
in accordance with GCC Clause 22.
The Procuring Entity accepts no liability for the damage of

Goods during transit other than those prescribed by
INCOTERMS for DDP Deliveries. In the case of Goods
supplied from within the Philippines or supplied by domestic
Suppliers risk and title will not be deemed to have passed to the
Procuring Entity until their receipt and final acceptance at the
final destination.
Patent Rights –
The Supplier shall indemnify the Procuring Entity against all

third-party claims of infringement of patent, trademark, or
industrial design rights arising from use of the Goods or any
part thereof.
10.4 Not applicable.
13.4(c) No further instructions.
16.1 The inspections and tests that will be conducted are to be

determined by the Motorpool, Property Division, Office of
Administrative Services (OAS), Supreme Court.
17.3 Three (3) years after acceptance by the Procuring Entity of the
delivered motor vehicle or upon reaching 100,000 km.
whichever is earlier.
17.4 The period for correction of defects in the warranty period is
thirty (30) days.
21.1 No additional provision.
SUPREME COURT OF THE PHILIPPINES __ _Page 75 of
81
BAC-GS (Ambulance for the Supreme Court)
Section VI. Technical Specifications

_____________________________________________
Technical Specifications
AMBULANCE
PARTICULARS MINIMUM REQUIREMENT
1 BODY & CHASSIS
1.1 Steering Rack and Pinion with Power Assist
1.2 Brake(Front/Rear) ABS, Ventilated Disc/Drum
1.3 Color To be advised by the end-user
1.4 Fuel Tank Capacity 65-70L
1.5 Fuel system Common-rail Type
2 BODY DIMENSION
2.1 Overall Length
2.2 Overall Width Manufacturer’s Standard
2.3 Overall Height
3 TRANSMISSION
3.1 Transmission Type 5-speed Manual (Dash-Mounted)
4 ENGINE
4.1 Model Latest Model
4.2 Type 3.0 liter, 4 Cylinder L-Type, 16 Valve DOHC
4.3 Displacement(cc) 2,982
4.4 Max. Output (Ps/Rpm) Manufacturer’s Standard
4.5 Max. Torque(Nm/Rpm) 300/1,200-2,400
4.6 Emission Rating EURO 4
5 SEATS
5.1 Seating Capacity Minimum of 4
5.2 Seat Material
5.3 Seats (Front) Manufacturer’s Standard
(Rear No.1 & Rear No.2)
6 TIRES & RIMS
6.1 Wheel type 15” Steel with Full Cap
7 AIRCONDITIONING
7.1 Type Manufacturer’s Standard
8 AUDIO
8.1 Type CD/Tuner/MP3/AUX/USB with speaker
9 FREE ITEMS Standard Tools with Hydraulic Jack, Early Warning
Device, Seat Cover, Glass Tint, Floor Mats, Rust
Proof
10 INCLUSIONS  Three (3) years LTO Registration
 One (1) year GSIS TPL Insurance
 One (1) year GSIS Comprehensive Insurance
 Credit Line for the Supreme Court of the
Philippines on a service center located within
Metro Manila
11 WARRANTY 3 years or 100,000 km whichever comes first on the

main assembles of engine, Transmission and
Differential
12 EQUIPMENT 1. The patient compartment and driver’s cabin
ACCESSORIES should be separated
2. Stretcher, collapsible, with rails and strap
Weight: not more than 10kgs.
Load Capacity: 180-200 kgs.
Length: 200cm
Width: 59cm
Height: Adaptable to the height of the ambulance
3. Medicine Cabinet (See Annex “A” for perspective
and dimension)
4. Oxygen cylinder cage with cylinder, flow meter
(ISI) set of mask and tubing for adult and
pediatric, located suitably, Oxygen cylinder
provided in completely filled condition (20lbs)
5. IV hook on top roof on at least 3 locations
6. LED Top light with Siren and PA system – Red
and Blue (the width should be adapted to the
width of the vehicle. The light bar should be
Rhombus shaped. Double layered structure
continually lit span, high luminance, Voltage DC
12V, with addressing systems of 100W. Should
have unique high intensity Siren with revolving
flashers and light indicating emergency while
transferring a serious patient. Siren should have
five different tones that can be interchanged in
order to draw attention of public and take way in
high density traffic. The control panel for this
system should be fixed at a suitable location in
the driver compartment.
7. Doctors seat
8. Squad bench for patient attenders for at least 3
persons
9. Electric fan 2 units on both sides. (If air-
conditioner is provided as standard in the offered
ambulance then fans are not required)
10. Exterior design/painting. All vinyl/reflective
stickers/ retro reflective stickers/ films to be used.
After finishing the sticker works as per the design
provided by the Tender Inviting Authority has to
be laminated or coated with suitable transparent
paint. Detailed drawing and details will be
furnished at the time of issue of LOI or Supply
order.
Section VIII. Contract

_____________________________________________
Republic of the Philippines

Supreme Court
Manila
CONTRACT FOR THE SUPPLY AND DELIVERY OF AMBULANCE

FOR THE SUPREME COURT
KNOW ALL MEN BY THESE PRESENTS:
This agreement entered into and executed this ___ day of ______ 20__ in
the City of Manila by and between:
The SUPREME COURT OF THE PHILIPPINES, a government

agency of the Republic of the Philippines, with principal office at
Padre Faura Street, Ermita, Manila represented herein by ATTY.
EDGAR O. ARICHETA, in his capacity as the Clerk of Court of the
Supreme Court of the Philippines, hereinafter referred to as the
“COURT;”
-and-
_______________________, a business firm organized and existing

in accordance with Philippine laws, with principal business address at
________________________ and represented by
__________________________ in his capacity as the
_____________ of __________________________, hereinafter
referred to as the “SUPPLIER.”
WHEREAS, the Supreme Court Bids and Awards Committee for Goods
and Services (SC-BAC-GS) negotiated for the Procurement of Ambulance for
the Supreme Court on November 17, 2020. The Invitation to Negotiate was
posted on the PhilGEPS, on the Supreme Court Website, and on the Supreme
Court Bulletin Boards located in conspicuous places within the COURT'S
premises;
WHEREAS, the SUPPLIER was determined to have given the best offer
on December 8, 2020 and was recommended by the SC-BAC-GS, in its
Memorandum dated __________, to be awarded the contract for the Procurement
of Ambulance for the Supreme Court, which recommendation was approved by
the Court en banc through its Resolution dated ______________ in A.M. No.
____________;
NOW THEREFORE, for and in consideration of the foregoing premises

and the stipulations set forth, the COURT and the SUPPLIER hereby agree on the
following:
ARTICLE I
CONTRACT DOCUMENTS
1.1 OFFICIAL BID DOCUMENTS. The SUPPLIER shall perform its

contractual obligation in accordance with the following Official Bid
Documents which are made integral parts of this Contract:
1.1.1 Proposal and Price Schedule submitted by the SUPPLIER;

1.1.2 Schedule of Requirements;
1.1.3 Technical Specifications;
1.1.4 General and Special Conditions of the Contract;
1.1.5 Supplemental Bid Bulletins, if any;
1.1.6 Notification of Award.
1.2 COMPLEMENTARY NATURE. This Contract and the Official Bid

Documents shall be complementary with each other, and what one prescribes
shall be prescribed by all. In case of discrepancy between this Contract and the
Official Bid Documents, the Official Bid Documents shall prevail.
1.3 INCIDENTAL ITEMS. 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.
ARTICLE II
EFFECTIVITY AND TERM OF SERVICE
2.1EFFECTIVITY DATE.This Contract shall take effect upon receipt by the

SUPPLIER of the Notice to Proceed or the effectivity date stated therein,
whichever comes later. Performance of all obligations shall be reckoned from
the effectivity date of the Contract.
2.2DELIVERY DATE.The item must be delivered to the Supreme Court within

thirty (30) calendar days from receipt of the Purchase Order.
2.3 CONTRACT PRICE. For and in consideration of the full and satisfactory
delivery of the goods by the SUPPLIER and the acceptance thereof by the
COURT, the COURT shall pay the agreed contract price of
___________________ (P______________).
ARTICLE III
REPRESENTATIONS/WARRANTIES
3.1 PERFORMANCE WARRANTY. The SUPPLIER represents and warrants

that it has the capacity to perform its obligations and undertakings according
to the terms and conditions of this Contract and the Official Bid Documents
and hereby agrees and warrants that it shall faithfully observe and comply
therewith.
3.2 PRODUCT AND SERVICE WARRANTY. The SUPPLIER agrees to

guarantee the goods against manufacturing defects from the date of issuance
of the Certificate of Final Acceptance. In case of any defect discovered or
found within this period, the SUPPLIER shall make the necessary
replacement or repairs at no expense to the COURT.
3.3 WARRANTY SECURITY. After acceptance by the COURT of the goods, a

warranty security shall be required from the SUPPLIER in the form of (1)
retention money in the amount equivalent to one percent (1%) of every
progress payment; or (2) a special bank guarantee equivalent to one percent
(1%) of the total contract price which shall be valid for the entire period of the
warranty from the date of acceptance. The warranty security shall answer for
any loss, damage, injury or expense which may be incurred as a result of any
defect in the goods. The said amount shall only be released after the lapse of
the warranty period.
ARTICLE IV
PERFORMANCE SECURITY
4.1 AMOUNT AND FORM. The SUPPLIER shall, within ten (10) calendar
days from receipt of Notice of Award, post a performance security as a
condition precedent to the signing of this Contract to guarantee and secure the
timely and complete performance of its commitment under this Contract and
the Official Bid Documents. The performance security shall either be (1) in
cash or cashier's/manager's check issued by a Universal or Commercial Bank
equivalent to five percent (5%) of the total contract price; or (2) bank draft/
guarantee or irrevocable letter of credit issued by a Universal or Commercial
Bank: Provided, however, that it shall be confirmed or authenticated by a
Universal or Commercial Bank, if issued by a foreign bank, equivalent to five
percent (5%) of the total contract price; or (3) a surety bond equivalent to
thirty percent (30%) of the total contract price, callable on demand and issued
by the GSIS or any of the bonding companies duly accredited by the Supreme
Court.
4.2 DISCHARGE OF THE SECURITY. The performance security shall be

released to the SUPPLIER upon the issuance of the Certificate of Final
Acceptance by the COURT; Provided, however, that the performance
security was not forfeited as a result of the delay or default in the performance
of the obligations of the SUPPLIER.
4.3 FORFEITURE. The failure of the SUPPLIER to comply with any of the
requirements or undertakings hereof shall constitute sufficient ground for the
forfeiture of its performance security.
ARTICLE V
TERMINATION OF CONTRACT
5.1 TERMINATION FOR DEFAULT. The COURT shall have the right to
pre-terminate this Contract in whole or in part for default of the SUPPLIER
or breach or violation of the terms and conditions of this Contract for just
cause to be determined by the COURT, which determination shall be final
and binding to the SUPPLIER.
5.2 TERMINATION FOR UNLAWFUL ACTS. The COURT shall have the
right to terminate this Contract, which termination shall take effect
immediately upon receipt of the Notice of Termination, in case it is
determined prima facie that the SUPPLIER has engaged, before or during the
implementation of this Contract, in unlawful deeds and behavior relative to
the acquisition and implementation thereof.
5.3 COMPLETED DELIVERY. In the event of pre-termination or termination

of this Contract by the COURT, the COURT shall pay the SUPPLIER for
the Project delivered up to the date of pre-termination or termination unless
such pre-termination was due to the acts or omissions of the SUPPLIER or
breach of this Contract and the Official Bid Documents by the SUPPLIER.
5.4 REMEDIAL RIGHTS. Any pre-termination or termination of this Contract

shall be without prejudice to any other rights or remedies a party may be
entitled to under this Contract and the Official Bid Documents, or under any
law, and shall neither affect any accrual of rights or liabilities of either party
nor the coming into or continuance in force of any provision hereof which is
expressly or by implication intended to come into or continue in force on or
after pre-termination or termination.
ARTICLE VI
VENUE OF ACTIONS
6.1 Any dispute arising from this Contract which cannot be resolved
amicably by the contracting parties shall be tried in the proper court of
the City of Manila only, to the exclusion of all other venues.
IN WITNESS WHEREOF, the parties have signed this agreement on the

date and place first above-stated.
SUPREME COURT OF THE (SUPPLIER)

PHILIPPINES
(COURT)
Represented by: Represented by:
__________________________ _____________________________
EDGAR O. ARICHETA (Authorized Representative)
SIGNED IN THE PRESENCE OF:
________________________ ___________________________
LILIANNE E. ULGADO (Witness of Supplier)
ACKNOWLEDGMENT
Republic of the Philippines )

City of Manila ) S.S.
BEFORE ME personally appeared:
1) ATTY. EDGAR O. ARICHETA with Supreme Court Identification

Card No. _______________; and
2) __________________________ with Identification Card No.
____________
known to me to be the same persons who executed the foregoing Contract for the
SUPPLY AND DELIVERY OF AMBULANCE FOR THE SUPREME
COURT and they acknowledged to me that the same is their free and voluntary act
and deed.
I certify that the foregoing instrument, consisting of six (6) pages, including
this page where the acknowledgment is written, was duly signed by the parties and
their instrumental witnesses on each and every page thereof.
WITNESS MY HAND AND SEAL this ___ day of

___________________, 20___ at the City of Manila, Philippines.
MARIA CARINA M. CUNANAN

Deputy Clerk of Court
and Chief Administrative Officer
Supreme Court

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SUPREME COURT OF THE PHILIPPINES __ _Page 1 of 81

BAC-GS (Ambulance for the Supreme Court)

Republic of the Philippines

BIDS AND AWARDS COMMITTEE

Procurement of Ambulance for the

SECTION I. INVITATION TO NEGOTIATE ............................................................. 3

Section I. Invitation to Negotiate

3. The procurement procedure for this requirement is Negotiated Procurement pursuant to

The SC-BAC-GS will engage in negotiations with a sufficient number of suppliers to

5. The schedule of bidding activities is herein stated below:

Activities Schedule Venue

I-1 PhilGEPS Certificate of Registration and Membership (Platinum Membership)

Or, in lieu of the Platinum PhilGEPS Certificate:

A-1 Registration certificate issued by the (a) Securities and

(Bidder’s statement shall follow the sample form

The statement shall be supported by a copy/(ies) of the End-User’s

A Committed Line of Credit from a Universal or Commercial Bank

(For the Bid Securing Declaration, use the actual form

(For the Technical Bid Form, use the actual form

I-7.a, Corresponding to each set of supporting documents in relation to the Bidder’s

(For the Omnibus Sworn Statement, use the actual form

I-9 Accomplished Schedule of Requirements

(For the Schedule of Requirements, use the actual form

I-10 Authority of the representative/signatory.

I-11 Company profile which shall include information on the number of

(The Financial Bid Form shall follow the sample form

II-2 Completely filled up Bid Price Schedule

For further information, please refer to the:

ITN No. 2020-03

STATEMENT OF ON-GOING CONTRACTS AND

Sample form only.

II. Awarded But Not Yet Started Contracts

STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT

Sample form only.

This form itself must be submitted.

REPUBLIC OF THE PHILIPPINES )

BID SECURING DECLARATION

Invitation to Negotiate: Procurement of Ambulance for

To : Supreme Court of the Philippines

I/We, the undersigned, declare that:

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

2. I/We accept that: (a) I/we will be automatically disqualified from

3. I/We understand that this Bid Securing Declaration shall cease to

(a) Upon expiration of the bid validity period, or any extension

(b) I am/we are declared ineligible or post-disqualified upon

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this

SUBSCRIBED AND SWORN to before me this _____ day of

Doc. No. _____;

TECHNICAL BID FORM

Technical Specifications Statement of

Floor Mats, Rust Proof

This form itself must be submitted.

OMNIBUS SWORN STATEMENT

I, _____________________ [Name of Affiant], of legal age,

I am the [1. sole proprietor; 2. duly authorized and designated

_____________________________[Name of Bidder] is not “blacklisted” or

Each of the documents submitted in satisfaction of the bidding requirements

______________________ [Name of Bidder] is authorizing the Head of the

SUBSCRIBED AND SWORN to before me this _ day of ______,

______

Dated this __ day of 20.