Republic of the Philippines
Province of Antique
Municipality of Anini-y
BIDS AND AWARDS COMMITTEE
DOCUMENTS CHECKLIST (per revised IRR of RA 9184)
For Infra
a b c FIRST ENVELOPE
Legal Documents& TECHNICAL DOCUMENTS 1. Philgeps Certificate Registration and Membership in lieu of other Class “A” Eligibility Documents
Valid & current Mayor’s Permit
Tax Clearance
Audited Financial Statement (last 3 years, stamped “received” by BIR)
- Valid PCAB License & Registration (Receipt not accepted)
3 Statement of all Ongoing Completed Government & Private Contracts
4 Statement of SLCC
5 Computation of NFCC, or Credit Line Certification
6 JVA, if applicable
7 Bid Securing Declaration8 Valid Joint Venture Agreement, if applicable
9 Organizational Chart for the Contract to be Bid
10 List of Personnel to be assigned to the Contract w/ qualifications & experience Copy of License of Project Engineer Copy of License and Certificate of Accreditation materials Engineer
Itemize at least five (5) years experience similar to this project of Project Engineer, Materials Engineer, Safety Officer, Foreman, Heavy Equipment Operator, Steel man and Mason
11 List of Contractor’s Equipment, owned, leased, or under purchase agreements
12 Omnibus Sworn Statement executed by the bidder or its duly authorized representative, shall contain the ff:
a. The signatory is the duly authorized representative of the prospective bidder, and granted full power and authority to do, execute and perform any all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract accompanied by duly notarized Special Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate, whenever is applicable.
b. It is not “blacklisted” or barred from bidding by the GOP or any of its agencies, etc.
c. Each of the documents submit copy of the original, complete and all statements and information provided therein are true and correct;
d. It is authorizing the HOPE or authorized representative to verify documents submitted
e. It complies with existing disclosure provision under Section 47 and its IRR, in relation to other provisions of R.A.3019;
f. It complies with existing labor laws and standards;
g. It complies with the responsibilities of a prospective or eligible bidder provided in the PBSs;
h. 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.
19 Copy of PERT/CPM
20. Certificate of Site Inspection
SECOND ENVELOPE
- Accomplished Bid Proposal Forms w/ corresponding signatures
- Bid Prices in Bill of Quantities in the prescribed form
- Derivation of Unit Cost used for each item
- Cash Flow by month and Payment Schedule
NOTE: DOCUMENTS MUST BE IN ARRANGED ORDERLY BASED IN THE CHECKLIST
BIDDERS Project: _____________________________________________________________________
| *amount of bid security: cash, cashier’s/manager’s check, bank draft/guarantee 2% of ABC Irrevocable letter of credit 2% of ABC Surety bond 5% of ABC |
Preliminary Examination of Bids
Procurement of Goods
Envelope 1 (ELIGIBILITY & TECHNICAL DOCUMENTS)
ELIGIBILITY DOCUMENTS
CLASS “A’ DOCUMENTS
Legal Documents
- DTI / SEC / CDA Registration (whichever is applicable)
- Mayor’s Permit
- Statement of all on-going & completed contracts (gov’t. & private) w/in the relevant period
- Tax Clearance
- Latest Income and Business Tax Returns
- PHILGEPS registration
- Other licenses and permits
CLASS B DOCUMENTS
- Valid Joint Venture Agreement (JVA), if applicable
Financial Documents
- Audited Financial Statements (stamped “received” by the BIR)
- Computation of NFCC / Credit Line Facility (Universal or Commercial Bank)
TECHNICAL DOCUMENTS
- Bid Security
- Technical Specifications (w/c may include production/delivery schedule, manpower reqtms, and/or
- Sworn Statement as to the ff:
- It is not “blacklisted”
- All the documents submitted are authentic copy of the original, complete, and all statements and information provided therein are true and correct
- It is authorizing the HOPE or representatives to verify the documents submitted.
- The signatory is authorized
- It complies with the ‘disclosure provision”
- It complies with the responsibilities of the bidder
- It complies with the existing labor laws and standards
Envelope 2 (FINANCIAL PROPOSAL)
- Bid Prices in the bill of quantities (bid form & detailed bid proposal)
- The recurring and maintenance cost, if applicable
NOTE: DOCUMENTS MUST BE IN ARRANGED ORDERLY BASED IN THE CHECKLIST
Philippine Bidding Documents
(As Harmonized with Development Partners)
Procurement of GOODS
Government of the Republic of the Philippines
Fourth Edition
Preface
December 2010
These Philippine Bidding Documents (PBDs) for the procurement of Goods through Competitive Bidding have been prepared by the Government of the Philippines (GOP) for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the government, including government-owned and/or -controlled corporations (GOCCs), government financial institutions (GFIs), state universities and colleges (SUCs), and local government units (LGUs). The procedures and practices presented in this document have been developed through broad experience, and are for mandatory[1] use in projects that are financed in whole or in part by the GOP or any foreign government/foreign or international financing institution in accordance with the provisions of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.
The Bidding Documents shall clearly and adequately define, among others: (a) the objectives, scope, and expected outputs and/or results of the proposed contract; (b) the eligibility requirements of bidders, such as track record to be determined by the Head of the Procuring Entity; (c) the expected contract duration, the estimated quantity in the case of procurement of goods, delivery schedule and/or time frame; and (d) the obligations, duties, and/or functions of the winning bidder.
In order to simplify the preparation of the Bidding Documents for each procurement, the PBDs groups the provisions that are intended to be used unchanged in Section II. Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data and provisions specific to each procurement and contract should be included in
Section III. Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC); Section VI. Schedule of Requirements; Section VII. Technical Specifications, and Section IX. Foreign-Assisted Projects. The forms to be used are provided in Section VIII. Bidding Forms.
Care should be taken to check the relevance of the provisions of the PBDs against the requirements of the specific Goods to be procured. In addition, each section is prepared with notes intended only as information for the Procuring Entity or the person drafting the Bidding Documents. They shall not be included in the final documents, except for the notes introducing Section VIII. Bidding Forms where the information is useful for the Bidder. The following general directions should be observed when using the documents:
- Section VIII. Bidding Forms since these provide important guidance to Bidders.
TABLE OF CONTENTS
Section I. Invitation to Bid. 5
Section II. Instructions to Bidders. 9
Section III. Bid Data Sheet. 37
Section IV. General Conditions of Contract. 43
Section V. Special Conditions of Contract. 59
Section VI. Schedule of Requirements. 66
Section VII. Technical Specifications. 67
Section VIII. Bidding Forms. 71
Section IX. Foreign-Assisted Projects. 82
Section I. Invitation to Bid
| Notes on the Invitation to Bid The Invitation to Bid provides information that enables potential Bidders to decide whether to participate in the procurement at hand. The Invitation to Bid shall be: (a) Advertised at least once in a newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement, subject to Sections 21.2.2 of the IRR of RA 9184; (b) Posted continuously in the Philippine Government Electronic Procurement System (PhilGEPS) website and the website of the Procuring Entity concerned, if available, for a minimum period of seven (7) calendar days starting on the date of advertisement; and Apart from the essential items listed in the Bidding Documents, the Invitation to Bid should also indicate the following: The Invitation to Bid should be incorporated into the Bidding Documents. The information contained in the Invitation to Bid must conform to the Bidding Documents and in particular to the relevant information in the BDS. For foreign-assisted projects, the Invitation to Bid to be used is provided in Section IX-Foreign-Assisted Projects. |
[Letterhead of the Procuring Entity]
Invitation to Bid for [Insert name of Project]
- [2] intends to apply the sum of [insert the approved budget for the contract] being the Approved Budget for the Contract (ABC) to payments under the contract for [insert name/no. of contract]. Bids received in excess of the ABC shall be automatically rejected at bid opening.
- [3] Delivery of the Goods is required [insert the required delivery date or expected contract duration]. Bidders should have completed, within [insert relevant period] from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders.
In addition, select one of the two following paragraphs and delete the other depending on the existence of conditions under Section 23.5.1.2 of the IRR of RA 9184:
A complete set of Bidding Documents may be purchased by interested Bidders on [insert date of availability of Bidding Documents] from the address below and upon payment of a nonrefundable fee for the Bidding Documents in the amount of [insert amount in Pesos].
It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that Bidders shall pay the nonrefundable fee for the Bidding Documents not later than the submission of their bids.
The [insert name of the Procuring Entity] will hold a Pre-Bid Conference on [insert time and date] at [insert address for Pre-Bid Conference, if applicable], which shall beopen to all interested parties.
The [insert name of the Procuring Entity] will hold a Pre-Bid Conference on [insert time and date] at [insert address for Pre-Bid Conference, if applicable], which shall beopen only to all interested parties who have purchased the Bidding Documents.
- 18.
Bid opening shall be on [insert time and date] at [insert address for bid opening]. Bids will be opened in the presence of the Bidders’ representatives who choose to attend at the address below. Late bids shall not be accepted.
[Insert name of officer]
[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate city code]
[Insert contact’s email address]
[Insert facsimile number]
[Insert website address, if applicable]
_________________________________
[Insert Name and Signature of the BAC Chairperson or the Authorized Representative of the BAC Chairperson]
Section II. Instructions to Bidders
| Notes on the Instructions to Bidders This section of the Bidding Documents provides the information necessary for Bidders to prepare responsive bids, in accordance with the requirements of the Procuring Entity. It also provides information on bid submission, opening, evaluation, and award of contract. Section II contains provisions that are to be used unchanged. Section III consists of provisions that supplement, amend, or specify in detail, information or requirements included in Section II which are specific to each procurement. Matters governing performance of the Bidder, payments, or those affecting the risks, rights, and obligations of the parties under the contract are not normally included in this section, but rather under Section IV. General Conditions of Contract, and/or Section V. Special Conditions of Contract. If duplication of a subject is inevitable in the other sections of the document prepared by the Procuring Entity, care must be exercised to avoid contradictions between clauses dealing with the same matter. |
3.…… Corrupt, Fraudulent, Collusive, and Coercive Practices. 12
6.…… Bidder’s Responsibilities. 16
B.. Contents of Bidding Documents. 18
10. Clarification and Amendment of Bidding Documents. 19
12. Documents Comprising the Bid: Eligibility and Technical Components. 19
13. Documents Comprising the Bid: Financial Component 21
19. Format and Signing of Bids. 26
20. Sealing and Marking of Bids. 27
D.. Submission and Opening of Bids. 27
21. Deadline for Submission of Bids. 27
23. Modification and Withdrawal of Bids. 28
24. Opening and Preliminary Examination of Bids. 28
E.. Evaluation and Comparison of Bids. 30
25. Process to be Confidential 30
28. Detailed Evaluation and Comparison of Bids. 31
32. Signing of the Contract 35
A. General
1. Scope of Bid
- BDS (hereinafter referred to as the “Procuring Entity”) wishes to receive bids for supply and delivery of the goods as described in
- BDS. The contracting strategy and basis of evaluation of lots is described in ITB Clause 28.
2. Source of Funds
The Procuring Entity has a budget or has 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
- 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: 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.
4. Conflict of Interest
5. Eligible Bidders
- BDS, the following persons shall be eligible to participate in this bidding:
- BDS, 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%).
- 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).
- to extend a credit line in its favor if awarded the contract for this Project (CLC).
The NFCC, computed using the following formula, must be at least equal to the ABC to be bid:
NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project.
Where:
K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years.
The CLC must be at least equal to ten percent (10%) of the ABC for this Project. If issued by a foreign bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. In the case of local government units (LGUs), the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas (BSP) as authorized to issue such financial instrument.
6. Bidder’s Responsibilities
- Section VIII. Bidding Forms as required in ITB Clause 0.
- 10.3.
Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.
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
- 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.
- 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.
B. Contents of Bidding Documents
9. Pre-Bid Conference
- 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. 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.
10. Clarification and Amendment of Bidding Documents
- BDS at least ten (10) calendar days before the deadline set for the submission and receipt of bids.
- 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. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern for purposes of interpretation of the bid.
12. Documents Comprising the Bid: Eligibility and Technical Components
- BDS, the first envelope shall contain the following eligibility and technical documents:
- BDS;
- BDS, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following:
- 5.5; and
- 18. If the Bidder opts to submit the bid security in the form of:
Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed in Section VIII. Bidding Forms.
13. Documents Comprising the Bid: Financial Component
- BDS, the financial component of the bid shall contain the following:
- which includes bid prices and the bill of quantities and the applicable Price Schedules, in accordance with ITB Clauses 15.1 and 15.4;
- 27, unless otherwise provided in the BDS; and
- BDS.
- 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
Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes.
15. Bid Prices
- BDS.
- 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.
- BDS.
- 24.
All bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances. Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the Procuring Entity. 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
- 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.
- 16.1, 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.
17. Bid Validity
- BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids.
18. Bid Security
- BDS shall be equal to the percentage of the ABC in accordance with the following schedule:
| Form of Bid Security | Amount of Bid Security (Equal to Percentage of the ABC) |
| Two percent (2%) | |
| Five percent (5%) | |
| Proportionate to share of form with respect to total amount of security |
- BDS. Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive.
- 18.2.
- 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.
- 17;
- 28.3(b);
- 29.2;
- 32; or
- 33.
19. Format and Signing of Bids
- Section VIII. Bidding Forms on or before the deadline specified in the ITB Clauses 21 in two (2) separate sealed bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12.1, and the second shall contain the financial component of the bid.
- 19.1 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.
- 12 and 13. In the event of any discrepancy between the original and the copies, the original shall prevail.
20. Sealing and Marking of Bids
- 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”.
- BDS shall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s.
- 1.1;
- 1.3; and
- 21.
D. Submission and Opening of Bids
21. Deadline for Submission of Bids
Bids must be received by the Procuring Entity’s BAC at the address and on or before the date and time indicated in the BDS.
22. Late Bids
Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall not be accepted by the Procuring Entity.
23. Modification and Withdrawal of Bids
- 23.1 shall be returned unopened to the Bidders. A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract.
- 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
- BDS to determine each Bidder’s compliance with the documents prescribed in ITB Clause 12. For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary “pass/fail” criterion. If a bidder submits the required document, it shall be rated “passed” for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as “failed”. Otherwise, the BAC shall rate the said first bid envelope as “passed”.
- 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.
- 12.1(a), items (i) to (v).
- 5, the Class “A” Documents described in ITB Clause 12.1(a) may be substituted with the appropriate equivalent documents, if any, issued by the country of the foreign Bidder concerned.
- 12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB Clauses 12.1(a)(iii) to 12.1(a)(v) by any of the joint venture partners constitutes compliance.
- 12.1(a), items (i) to (v).
E. Evaluation and Comparison of Bids
25. Process to be Confidential
26. Clarification of Bids
27. Domestic Preference
- BDS, the Procuring Entity will grant a margin of preference for the purpose of comparison of bids in accordance with the following:
- sole proprietor is a citizen of the Philippines or the partnership, corporation, cooperative, or association is duly organized under the laws of the Philippines with at least seventy five percent (75%) of its interest or outstanding capital stock belonging to citizens of the Philippines, (b) habitually established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid, and (c) the business has been in existence for at least five (5) consecutive years prior to the advertisement and/or posting of the Invitation to Bid for this Project.
- 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
- 24, in order to determine the Lowest Calculated Bid.
- BDS, the BAC shall consider the following in the evaluation of bids:
- BDS. Any adjustment shall be calculated in monetary terms to determine the calculated prices.
- BDS.
- BDS, the BAC shall consider the following in the evaluation of bids:
29. Post-Qualification
Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause or a finding against the veracity of such shall be ground for forfeiture of the bid security and disqualification of the Bidder for award.
- 12 and 13, as well as other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary “pass/fail” criterion.
30. Reservation Clause
F. Award of Contract
31. Contract Award
- 29, the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be the LCRB.
- 33;
- 32; and
- Section VI. Schedule of Requirements.
32. Signing of the Contract
- 5.5, if applicable;
- BDS.
33. Performance Security
34. Notice to Proceed
- 34.1. Within three (3) 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 to the Bidder.
- 34.2. The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity, which date shall not be later than seven (7) calendar days from the issuance of the Notice to Proceed.
Section III. Bid Data Sheet
Bid Data Sheet
| ITB Clause | |
| 1.1 | The Procuring Entity isLGU- Anini-y |
| 1.3 | The lot(s) and reference is/are: Purchased of Medicines |
| 2 | The Funding Source is: The Government of the Philippines (GOP) through MDRRM Fund in theamount of Php 1,000,000.00. NOTE: In the case of National Government Agencies, the General Appropriations Act and/or continuing appropriations; in the case of Government-Owned and/or –Controlled Corporations, Government Financial Institutions, and State Universities and Colleges, the Corporate Budget for the contract approved by the governing Boards; in the case of Local Government Units, the Budget for the contract approved by the respective Sanggunian. The name of the Project is Purchased of Medicines |
| 3.1 | No further instructions. |
| 5.1 | No further instructions. |
| 5.2 | Select one, delete the other. 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. Or Foreign bidders may participate in this Project in view of the following circumstance(s): [State which of the circumstance(s) mentioned in the ITB Clause exists in the Project.] |
| 5.4 | Select one, delete the other. Maintain the ITB Clause and insert any of the following: For the procurement of Non-expendable Supplies and Services: The Bidder must have completed, within the period specified in the Invitation to Bid and ITB Clause 12.1(a)(iii), a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the ABC. Or For the procurement of Expendable Supplies: The Bidder must have completed, within the period specified in the Invitation to Bid and ITB Clause 12.1(a)(iii), a single contract that is similar to this Project, equivalent to at least twenty-five percent (25%) of the ABC. Or For procurement where the Procuring Entity has determined, after the conduct of market research, that imposition of the provisions of Section 23.5.1.3 of the IRR of RA 9184 will likely result to failure of bidding or monopoly that will defeat the purpose of public bidding: In view of the determination by the Procuring Entity that imposition of the provisions of Section 23.5.1.3 of the IRR of RA 9184 will likely result to [State “failure of bidding” or “monopoly that will defeat the purpose of public bidding”],the Bidder should comply with the following requirements: Completed at least two (2) similar contracts, the aggregate amount of which should be equivalent to at least [State “fifty percent (50%)” in the case of Non-expendable Supplies and Services or “twenty-five percent (25%)” in the case of Expendable Supplies] of the ABC for this Project; andThe largest of these similar contracts must be equivalent to at least half of the percentage of the ABC as required above. For this purpose, similar contracts shall refer to [insert description of similar contracts or state “No further instructions”]. |
| 7 | No further instructions. |
| 8.1 | State either “Subcontracting is not allowed.” or specify the portions of Goods and the maximum percentage allowed to be subcontracted. |
| 8.2 | If subcontracting is allowed, specify the eligibility criteria that subcontractors must comply with, including the corresponding documentary requirements therefor; otherwise, state “Not applicable”. |
| 9.1 | The Procuring Entity will hold a pre-bid conference for this Project on If ADB, adopt the provision under Section IX. Foreign-Assisted Projects, ADB Bid Data Sheet 9.1. If World Bank, adopt the provision under Section IX. Foreign-Assisted Projects, World Bank Bid Data Sheet 9.1. |
| 10.1 | The Procuring Entity’s address is: LGU Anini-y, Antique CAROL Z. RAMOS BAC Chairman |
| 12.1(a) | No further instructions. |
| 12.1(a)(i) | List any additional acceptable proof of registration mentioned in the ITB Clause or state “No other acceptable proof of registration is recognized.” |
| 12.1(a)(iii) | The statement of all ongoing and completed government and private contracts shall include all such contracts within [state relevant period as provided in the Invitation to Bid] prior to the deadline for the submission and receipt of bids. |
| 13.1 | List any additional requirements or state “No additional requirements.” |
| 13.1(b) | No further instructions. |
| 13.2 | The ABC is Php1,000,000.00. Any bid with a financial component exceeding this amount shall not be accepted. If ADB, adopt the provision under Section IX. Foreign-Assisted Projects, ADB Bid Data Sheet 13.2. The ABC cannot be used to reject bids without the prior concurrence of ADB. If World Bank, adopt the provision under Section IX. Foreign-Assisted Projects, World Bank Bid Data Sheet 13.2. |
| 15.4(a)(iii) | List here the incidental services that are required as part of the Bidder’s bid cross referencing to the technical specifications and SCC as appropriate. If none, state “No incidental services are required.” |
| 15.4(b) | Maintain the ITB Clause and state here “Not applicable”, “The price of the Goods shall be quoted DDP [state place of destination]”, or the applicable INCOTERMS for this Project. List here the incidental services that are required as part of the Bidder’s bid cross referencing to the technical specifications and SCC as appropriate. If none, state “No incidental services are required.” |
| 16.1(b) | Select one, delete the other: The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos. Or The Bid prices for Goods supplied from outside of the Philippines shall be quoted either in Philippine Pesos or United States Dollars at the discretion of the Bidder. |
| 16.3 | Maintain the ITB Clause and state here “Not applicable” or if procurement involves a foreign-denominated bid, state “Payment shall be made in [insert currency]. |
| 17.1 | Bids will be valid until [insert date]. |
| 18.1 | The bid security shall be in the following amount: The amount of __________ [Insert 2% of ABC], if bid security is in cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of credit;The amount of _________ [Insert 5% of ABC] if bid security is in Surety Bond; orAny combination of the foregoing proportionate to the share of form with respect to total amount of security. |
| 18.2 | The bid security shall be valid until [insert date]. |
| 20.3 | Each Bidder shall submit 1 original and 2copies of the first and second components of its bid. |
| 21 | The address for submission of bids is BIDS AND AWARDS COMMITTEE MUNICIPALITY OF ANINI-Y ANTIQUE The deadline for submission of bids is December 18, 2018 |
| 24.1 | The place of bid opening is Anini-y Municipal Hal The date and time of bid opening is 10:00 a.m. December 18, 2018. |
| 24.2 | No further instructions. |
| 27.1 | No further instructions. |
| 28.3 | If applicable, adopt the following provision: Grouping and Evaluation of Lots – Lots should be formed of similar items that are likely to attract the maximum competition. A lot is the quantity and number of items that will be included in a single contract. For example: Option 1 – Each item to be evaluated and compared with other Bids separately and recommended for contract award separately. Option 2 – All items to be grouped together to form one complete Lot that will be awarded to one Bidder to form one complete contract. Option 3 – Similar items, to be grouped together to form several lots that shall be evaluated and awarded as separate contracts. Select one of the following paragraphs and delete the other: The goods are grouped in a single lot and the lot shall not be divided into sub-lots for the purpose of bidding, evaluation, and contract award. Or All Goods are grouped in lots listed below. Bidders shall have the option of submitting a proposal on any or all lots and evaluation and contract award will be undertaken on a per lot basis. Lots shall not be divided further into sub-lots for the purpose of bidding, evaluation, and contract award. [Insert grouping of lots] |
| 28.3(b) | State whether bid modification is allowed or not. |
| 28.4 | No further instructions. |
| 29.2(a) | No further instructions. |
| 29.2(b) | Specify whether Bidders have option to submit manually filed tax returns or tax returns filed through the Electronic Filing and Payments System (EFPS). NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission. |
| 29.2(d) | List licenses and permits relevant to the Project and the corresponding law requiring it. |
| 32.4(g) | List additional contract documents relevant to the Project that may be required by existing laws and/or the Procuring Entity. |
Section IV. General Conditions of Contract
| Notes on the General Conditions of Contract The GCC in Section IV, read in conjunction with the SCC in Section V and other documents listed therein, should be a complete document expressing all the rights and obligations of the parties. The GCC herein shall not be altered. Any changes and complementary information, which may be needed, shall be introduced only through the SCC in Section V. |
TABLE OF CONTENTS
2…… Corrupt, Fraudulent, Collusive, and Coercive Practices. 46
3…… Inspection and Audit by the Funding Source. 47
4…… Governing Law and Language. 47
8…… Procuring Entity’s Responsibilities. 48
11…. Advance Payment and Terms of Payment. 49
14…. Use of Contract Documents and Information. 51
18…. Delays in the Supplier’s Performance. 52
20…. Settlement of Disputes. 53
21…. Liability of the Supplier. 54
23…. Termination for Default. 54
24…. Termination for Insolvency. 55
25…. Termination for Convenience. 55
26…. Termination for Unlawful Acts. 56
27…. Procedures for Termination of Contracts. 56
1. Definitions
2. Corrupt, Fraudulent, Collusive, and Coercive Practices
- 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:
(aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or
(bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.
- 2.1(a).
3. Inspection and Audit by the Funding Source
4. Governing Law and Language
5. Notices
- SCC, which shall be effective when delivered and duly received or on the notice’s effective date, whichever is later.
- SCC for GCC Clause 5.1.
6. Scope of Contract
- Section VI. Schedule of Requirements.
- SCC.
7. Subcontracting
8. Procuring Entity’s Responsibilities
- 6.
9. Prices
- 29.
10. Payment
- 17.
- SCC provision for GCC Clause 6.2, and upon fulfillment of other obligations stipulated in this Contract.
- 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.
11. Advance Payment and Terms of Payment
12. Taxes and Duties
13. Performance Security
- 33.2.
- SCC.
14. Use of Contract Documents and Information
- 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 the 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
- SCC and
- 5.
17. Warranty
- 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 the final 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.
- SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without cost to the Procuring Entity.
- 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
- Section VI. Schedule of Requirements.
- 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.
- 22, a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 19, unless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liquidated damages.
19. Liquidated Damages
Subject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or all of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted time extensions if any, the Procuring Entity shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shall be ten percent (10%) of the amount of contract. Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to other courses of action and remedies open to it.
20. Settlement of Disputes
21. Liability of the Supplier
- SCC.
22. Force Majeure
23. Termination for Default
- 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.
24. Termination for Insolvency
25. Termination for Convenience
26. Termination for Unlawful Acts
- 3.1(a);
27. Procedures for Termination of Contracts
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
| Notes on the Special Conditions of Contract Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity in providing contract-specific information in relation to corresponding clauses in the GCC. The provisions of this Section complement the GCC, specifying contractual requirements linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country, the sector, and the Goods purchased. In preparing this Section, the following aspects should be checked: (a) Information that complements provisions of Section IV must be incorporated. (b) Amendments and/or supplements to provisions of Section IV, as necessitated by the circumstances of the specific purchase, must also be incorporated. However, no special condition which defeats or negates the general intent and purpose of the provisions of Section IV should be incorporated herein. |
| Special Conditions of Contract | |
| GCC Clause | |
| 1.1(g) | The Procuring Entity is LGU-ANINI-Y, ANTIQUE |
| 1.1(i) | The Supplier is |
| 1.1(j) | The Funding Source is the Government of the Philippines (GOP) through MDRRM Fundin theamount of Php1,000,000.00. NOTE: In the case of National Government Agencies, the General Appropriations Act and/or continuing appropriations; in the case of Government-Owned and/or –Controlled Corporations, Government Financial Institutions, and State Universities and Colleges, the Corporate Budget for the contract approved by the governing Boards; in the case of Local Government Units, the Budget for the contract approved by the respective Sanggunian. |
| 1.1(k) | The Project Site is Municipality of Anini-y, Antique “The Project sites are defined in Section VI. Schedule of Requirements”] |
| 5.1 | The Procuring Entity’s address for Notices is: [Insert address including, name of contact, fax and telephone number] The Supplier’s address for Notices is: [Insert address including, name of contact, fax and telephone number] |
| 6.2 | List here any additional requirements for the completion of this Contract. The following requirements and the corresponding provisions may be deleted, amended, or retained depending on its applicability to this Contract: Delivery and Documents – For purposes of the Contract, “EXW,” “FOB,” “FCA,” “CIF,” “CIP,” “DDP” and other trade terms used to describe the obligations of the parties shall have the meanings assigned to them by the current edition of INCOTERMS published by the International Chamber of Commerce, Paris. The Delivery terms of this Contract shall be as follows: For Goods Supplied from Abroad, state “The delivery terms applicable to the Contract are DDP delivered [insert place of destination]. In accordance with INCOTERMS.” For Goods Supplied from Within the Philippines, state “The delivery terms applicable to this Contract are delivered [insert place of destination]. Risk and title will pass from the Supplier to the Procuring Entity upon receipt and final acceptance of the Goods at their final destination.” Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in Section VI. Schedule of Requirements. The details of shipping and/or other documents to be furnished by the Supplier are as follows: For Goods supplied from within the Philippines: Upon delivery of the Goods to the Project Site, the Supplier shall notify the Procuring Entity and present the following documents to the Procuring Entity: Original and four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;Original and four copies delivery receipt/note, railway receipt, or truck receipt;Original Supplier’s factory inspection report; Original and four copies of the Manufacturer’s and/or Supplier’s warranty certificate;Original and four copies of the certificate of origin (for imported Goods);Delivery receipt detailing number and description of items received signed by the authorized receiving personnel;Certificate of Acceptance/Inspection Report signed by the Procuring Entity’s representative at the Project Site; andFour copies of the Invoice Receipt for Property signed by the Procuring Entity’s representative at the Project Site. For Goods supplied from abroad: Upon shipment, the Supplier shall notify the Procuring Entity and the insurance company by cable the full details of the shipment, including Contract Number, description of the Goods, quantity, vessel, bill of lading number and date, port of loading, date of shipment, port of discharge etc. Upon delivery to the Project Site, the Supplier shall notify the Procuring Entity and present the following documents as applicable with the documentary requirements of any letter of credit issued taking precedence: Original and four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;Original and four copies of the negotiable, clean shipped on board bill of lading marked “freight pre-paid” and five copies of the non-negotiable bill of lading ;Original Supplier’s factory inspection report; Original and four copies of the Manufacturer’s and/or Supplier’s warranty certificate;Original and four copies of the certificate of origin (for imported Goods);Delivery receipt detailing number and description of items received signed by the Procuring Entity’s representative at the Project Site;Certificate of Acceptance/Inspection Report signed by the Procuring Entity’s representative at the Project Site; andFour copies of the Invoice Receipt for Property signed by the Procuring Entity’s representative at the Project Site. For purposes of this Clause the Procuring Entity’s Representative at the Project Site is [insert name(s)]. Incidental Services – The Supplier is required to provide all of the following services, including additional services, if any, specified in Section VI. Schedule of Requirements: Select appropriate requirements and delete the rest. performance or supervision of on-site assembly and/or start‑up of the supplied Goods;furnishing of tools required for assembly and/or maintenance of the supplied Goods;furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;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; andtraining of the Procuring Entity’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. The Contract price for the Goods shall include the prices charged by the Supplier for incidental services and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. Spare Parts – The Supplier is required to provide all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier: Select appropriate requirements and delete the rest. such spare parts as the Procuring Entity may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under this Contract; andin the event of termination of production of the spare parts:advance notification to the Procuring Entity of the pending termination, in sufficient time to permit the Procuring Entity to procure needed requirements; andfollowing such termination, furnishing at no cost to the Procuring Entity, the blueprints, drawings, and specifications of the spare parts, if requested. The spare parts required are listed in Section VI. Schedule of Requirements and the cost thereof are included in the Contract Price The Supplier shall carry sufficient inventories to assure ex-stock supply of consumable spares for the Goods for a period of [insert here the time period specified. If not used insert time period of three times the warranty period]. Other spare parts and components shall be supplied as promptly as possible, but in any case within [insert appropriate time period] months of placing the order. Packaging – The Supplier shall provide such packaging of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in this Contract. The packaging shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packaging case size and weights shall take into consideration, where appropriate, the remoteness of the GOODS’ final destination and the absence of heavy handling facilities at all points in transit. The packaging, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified below, and in any subsequent instructions ordered by the Procuring Entity. The outer packaging must be clearly marked on at least four (4) sides as follows: Name of the Procuring Entity Name of the Supplier Contract Description Final Destination Gross weight Any special lifting instructions Any special handling instructions Any relevant HAZCHEM classifications A packaging list identifying the contents and quantities of the package is to be placed on an accessible point of the outer packaging if practical. If not practical the packaging list is to be placed inside the outer packaging but outside the secondary packaging. Insurance – The Goods supplied under this Contract shall be fully insured by the Supplier in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery. The Goods remain at the risk and title of the Supplier until their final acceptance by the Procuring Entity. Transportation – Where the Supplier is required under Contract to deliver the Goods CIF, CIP or DDP, transport of the Goods to the port of destination or such other named place of destination in the Philippines, as shall be specified in this Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price. Where the Supplier is required under this Contract to transport the Goods to a specified place of destination within the Philippines, defined as the Project Site, transport to such place of destination in the Philippines, including insurance and storage, as shall be specified in this Contract, shall be arranged by the Supplier, and related costs shall be included in the Contract Price. Where the Supplier is required under Contract to deliver the Goods CIF, CIP or DDP, Goods are to be transported on carriers of Philippine registry. In the event that no carrier of Philippine registry is available, Goods may be shipped by a carrier which is not of Philippine registry provided that the Supplier obtains and presents to the Procuring Entity certification to this effect from the nearest Philippine consulate to the port of dispatch. In the event that carriers of Philippine registry are available but their schedule delays the Supplier in its performance of this Contract the period from when the Goods were first ready for shipment and the actual date of shipment the period of delay will be considered force majeure in accordance with GCC Clause 22. The Procuring Entity accepts no liability for the damage of Goods during transit other than those prescribed by INCOTERMS for DDP Deliveries. In the case of Goods supplied from within the Philippines or supplied by domestic Suppliers risk and title will not be deemed to have passed to the Procuring Entity until their receipt and final acceptance at the final destination. Patent Rights – The Supplier shall indemnify the Procuring Entity against all third‑party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof. |
| 10.4 | Maintain the GCC Clause and state here “Not applicable” or if procurement involves a foreign-denominated bid, state “Payment shall be made in [insert currency]. |
| 13.4(c) | Specify additional conditions, if any, that must be met prior to the release of the performance security, otherwise, state “No further instructions”. |
| 16.1 | The inspections and tests that will be conducted are: [Insert the applicable inspections and tests, if none, state “None”]. |
| 17.3 | If the Goods pertain to Expendable Supplies: Three (3) months after acceptance by the Procuring Entity of the delivered Goods or after the Goods are consumed, whichever is earlier. If the Goods pertain to Non-expendable Supplies: One (1) year after acceptance by the Procuring Entity of the delivered Goods. |
| 17.4 | The period for correction of defects in the warranty period is [insert number of days]. |
| 21.1 | State here “No additional provision.” or, if the Supplier is a joint venture, “All partners to the joint venture shall be jointly and severally liable to the Procuring Entity.” |
Section VI. Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the date of delivery to the project site.
| Item Number | Description | Quantity | Total | Delivered, Weeks/Months |
| 1 | Paracetamol 100mg/ml drops 15 ml | 100 | ||
| 2 | Paracetamol 125 mg syrup 60 ml | 100 | ||
| 3 | Paracetamol 250 mg syrup 60 ml | 75 | ||
| 4 | Paracetamol 500 mg tab 100’s | 100 | ||
| 5 | Amoxicillin 100 mg/ml drops 10 ml | 75 | ||
| 6 | Amoxicillin 125 mg susp. 60 ml | 75 | ||
| 7 | Amoxicillin 250 mg susp.60 ml | 30 | ||
| 8 | Amoxicillin 500 mg cap. 100’s | 75 | ||
| 9 | Mefenamic Acid 500 mg | 30 | ||
| 10 | Cefalexin 125 mg/ml susp 60 ml | 50 | ||
| 11 | Cefalexin 500 mg cap 100’s | 150 | ||
| 12 | Cetirizine 2.5mg/ml drops 100ml | 40 | ||
| 13 | Cetirizine 5mg/ml syrup 60ml | 100 | ||
| 14 | Cetirizine 10mg tab 100’s | 50 | ||
| 15 | Diphenhydramine HCL 12.5mg/ml 60ml | 30 | ||
| 16 | Diphenhydramine HCL 50mg cap 100’s | 10 | ||
| 17 | Lagundi 300mg/ml syrup 60 ml | 50 | ||
| 18 | Lagundi 600mg tab 100’s | 20 | ||
| 19 | Salbutamol 2mg/ml syrup 60ml | 20 | ||
| 20 | Salbutamol 2mg tab 100’s | 75 | ||
| 21 | Salbutamol 1 mg/ml nebule 2.5ml | 50 | ||
| 22 | Diclofenac 50mg tab 100’s | 15 | ||
| 23 | Vit B. Complex tab 100’s | 5 | ||
| 24 | Multivitamins + Minerals tab 100’s | 10 | ||
| 25 | Multivitamins + Iron cap 100’s | 10 | ||
| 26 | Nefedipine 10mg cap 100’s | 30 | ||
| 27 | Aluminum OH+ MagnesiumOH susp 60ml | 50 | ||
| 28 | Aluminum OH+ MagnesiumOH cap 100’s | 10 | ||
| 29 | Cotrimozasole 200/40mg susp 60 ml | 30 | ||
| 30 | Cotrimozasole 400/80mg susp 60 ml | 20 | ||
| 31 | Cotrimozasole 800/160 mg tab 100’s | 50 | ||
| 32 | Clarithromycin 125mg dispersible tab 30’s | 30 | ||
| 33 | Dicycloverine 10mg/ml syrup 60ml | 30 | ||
| 34 | Dicycloverine 10 mg tab | 20 | ||
| 35 | Menadione 10mg tab | 10 | ||
| 36 | Prednisone 5 mg tab | 10 | ||
| 37 | Prednisone 10 mg tab | 75 | ||
| 38 | Cinnarizine 25mg tab | 100 | ||
| 39 | Multivitamins syrup 60 ml | |||
| 40 | Ferrous sulfate 220mg/ml syrup 60 ml | |||
| 41 | Ascorbic Acid 100mg/ml syrup 60 ml | |||
| 42 | Ascorbic Acid 500 mg tab 100’s | |||
| 43 | Multivitamins drops 15 ml | |||
| 44 | Ferrous sulfate 125mg/ml drops 15 ml | |||
| 45 | Chlorphenamine maleate 4mg tab | |||
| 46 | Chlorphenamine maleate24mg/ml syrup 60 ml | |||
| 47 | Ambroxol 15mg/ml syrup 60 ml | |||
| 48 | Ambroxol 30mg/ml syrup 60 ml | |||
| 49 | Sambong 500 mg tab | |||
| 50 | Ciprofloxacin 500 mg tab | |||
| 51 | Azithromycin 100mg dispersible tab15’s | |||
| 52 | Co-Amoxiclav 625mg tab 14’s | |||
| 53 | Symdex tab | |||
| 54 | Multivitamins syrup 60 ml | |||
| 55 | Ferrous sulfate 220mg/ml syrup 60 ml | |||
| 56 | Ascorbic Acid 100mg/ml syrup 60 ml | |||
| 57 | Ascorbic Acid 500 mg tab 100’s | |||
| 58 | Multivitamins drops 15 ml | |||
| 59 | Ferrous sulfate 125mg/ml drops 15 ml | |||
| 60 | Chlorphenamine maleate 4mg tab | |||
| 61 | Chlorphenamine maleate24mg/ml syrup 60 ml | |||
| 62 | Ambroxol 15mg/ml syrup 60 ml | |||
| 63 | Ambroxol 30mg/ml syrup 60 ml | |||
| 64 | Tranexamic acid 250mg capsule 100’s | |||
| 65 | Glimepiride 2mg + Pioglitazone 15mg + Metformine 500mg tab 10’s | |||
| 67 | Betamethasone cream | |||
| 68 | Syringe 3ml | |||
| 69 | Syringe 1ml | |||
| 70 | Dental Anethesia | |||
| 71 | Catgut Thread Chromic w/o needle code: B0062090 | |||
| 72 | Omeprazole 20mg cap 100’s | |||
| 73 | Omeprazole 40mg cap | |||
| 74 | Elastic Bandage 2×5 | |||
| 75 | Elastic bandage 3×5 | |||
| 76 | Cotton Tip Applicator | |||
| Lidocaine HCL 2% ampule 5ml |
Section VII. Technical Specifications
| Notes for Preparing the Technical Specifications A set of precise and clear specifications is a prerequisite for Bidders to respond realistically and competitively to the requirements of the Procuring Entity without qualifying their bids. In the context of Competitive Bidding, the specifications (e.g. production/delivery schedule, manpower requirements, and after-sales service/parts) must be prepared to permit the widest possible competition and, at the same time, present a clear statement of the required standards of workmanship, materials, and performance of the goods and services to be procured.. Only if this is done will the objectives of transparency, equity, efficiency, fairness and economy in procurement be realized, responsiveness of bids be ensured, and the subsequent task of bid evaluation and post-qualification facilitated. The specifications should require that all items, materials and accessories to be included or incorporated in the goods be new, unused, and of the most recent or current models, and that they include or incorporate all recent improvements in design and materials unless otherwise provided in the Contract. Samples of specifications from previous similar procurements are useful in this respect. The use of metric units is encouraged. Depending on the complexity of the goods and the repetitiveness of the type of procurement, it may be advantageous to standardize the General Technical Specifications and incorporate them in a separate subsection. The General Technical Specifications should cover all classes of workmanship, materials, and equipment commonly involved in manufacturing similar goods. Deletions or addenda should then adapt the General Technical Specifications to the particular procurement. Care must be taken in drafting specifications to ensure that they are not restrictive. In the specification of standards for equipment, materials, and workmanship, recognized Philippine and international standards should be used as much as possible. Where other particular standards are used, whether national standards or other standards, the specifications should state that equipment, materials, and workmanship that meet other authoritative standards, and which ensure at least a substantially equal quality than the standards mentioned, will also be acceptable. The following clause may be inserted in the Special Conditions of Contract or the Technical Specifications. Sample Clause: Equivalency of Standards and Codes Wherever reference is made in the Technical Specifications to specific standards and codes to be met by the goods and materials to be furnished or tested, the provisions of the latest edition or revision of the relevant standards and codes shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national or relate to a particular country or region, other authoritative standards that ensure substantial equivalence to the standards and codes specified will be acceptable. Reference to brand name and catalogue number should be avoided as far as possible; where unavoidable they should always be followed by the words “or at least equivalent.” References to brand names cannot be used when the Funding Source is the GOP. Where appropriate, drawings, including site plans as required, may be furnished by the Procuring Entity with the Bidding Documents. Similarly, the Supplier may be requested to provide drawings or samples either with its Bid or for prior review by the Procuring Entity during contract execution. Bidders are also required, as part of the technical specifications, to complete their statement of compliance demonstrating how the items comply with the specification. |
Technical Specifications
| Item | Specification | Statement of Compliance Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. A statement either in the 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). |
| Paracetamol Drops | ||
| Paracetamol 250 mg | ||
| Paracetamol 500 mg | ||
| Amoxicillin drops | ||
| Amoxicillin 125 mg susp. | ||
| Amoxicillin 250 mg susp. | ||
| Mefenamic Acid 500 mg | ||
| Cefalexin 250 mg susp | ||
| Cefalexin 500 mg cap | ||
| Lagundi tab | ||
| Lagundi syrup | ||
| Citirizine drop | ||
| Atracurium 10mg/ml | ||
| Citirizine syrup | ||
| Citirizine tab | ||
| Phynelpropanolamine tab | ||
| Co-Amoxiclav 625 mg cap | ||
| Haloperidol 5mg tab | ||
| Vit B. Complex tab | ||
| Multivitamins + Iron cap | ||
| Multivitamins + Minerals cap | ||
| Ascorbic acid syrup | ||
| Ascorbic acid tab | ||
| Menadione tab | ||
| Diclofenac tab | ||
| Prednisone 5 mg tab | ||
| Prednisone 10 mg tab | ||
| Cotrimozasole 200 mg susp | ||
| Cotrimozasole 400 mg susp | ||
| Cotrimozasole 400 mg cap | ||
| Cotrimozasole 800 mg cap | ||
| Dicycloverine tab | ||
| Diazepam 5mg | ||
| AHMC susp | ||
| AHMC tab | ||
| Salbutamol syrup | ||
| Salbutamol tab | ||
| Salbutamol Nebule | ||
| Cennarizine tab | ||
| Ambroxol syrup | ||
| Chlorophynamine syrup | ||
| Chlorophynamine tab | ||
| Nefidipine cap | ||
| Furosimide 40mg | ||
| Sambong 500 mg tab | ||
| Lidocaine | ||
| Plaster | ||
| Gauze | ||
| Betadine | ||
| Syringe 3ml | ||
| Tuberculin syringe | ||
| Gloves size 7 | ||
| Clean Gloves medium size | ||
| Facial Mask | ||
| Disposable Hair Net | ||
| Dental Lidocaine | ||
| Lido Gel | ||
| Dental Needle (short) |
Section VIII. Bidding Forms
TABLE OF CONTENTS
Bank Guarantee Form for Advance Payment. 81
Bid Form
Date:
Invitation to Bid[5] 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:[6]
| Name and address of agent | Amount and Currency | Purpose of Commission or gratuity | ||
| (if none, state “None”) |
Until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof and your Notice of Award, shall be binding upon us.
We understand that you are not bound to accept the lowest or any Bid you may receive.
We certify/confirm that we comply with the eligibility requirements as per ITB Clause 5 of the Bidding Documents.
Dated this ________________ day of ________________ 20______.
[signature] [in the capacity of]
Duly authorized to sign Bid for and on behalf of ____________________________
For Goods Offered From Abroad
Name of Bidder . Invitation to Bid[7] Number __. Page of .
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Item | Description | Country of origin | Quantity | Unit price cif port of entry (specify port) or cip named place (specify border point or place of destination) | Total cif or cip price per item (col. 4 x 5) | Unit Price Delivered Duty Unpaid (DDU) | Unit price Delivered Duty Paid (DDP) | Total Price delivered DDP (col 4 x 8) |
| . |
For Goods Offered From Within the Philippines
Name of Bidder . Invitation to Bid[8] Number . Page of .
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Item | Description | Country of origin | Quantity | item Unit price exw per | Cost of local labor, raw material, and component2 | Total price exw per item (cols. 4 x 5) | Unit prices per item final destination and unit price of other incidental services | Sales and other taxes payable per item if Contract is awarded | Total Price delivered Final Destination (col 8 + 9) x 4 |
| 1 | Paracetamol 100mg/ml drops 15 ml | 20 | |||||||
| 2 | Paracetamol 125 mg syrup 60 ml | 100 | |||||||
| 3 | Paracetamol 250 mg syrup 60 ml | 50 | |||||||
| 4 | Paracetamol 500 mg tab 100’s | 30 | |||||||
| 5 | Amoxicillin 100 mg/ml drops 10 ml | 20 | |||||||
| 6 | Amoxicillin 125 mg susp. 60 ml | 50 | |||||||
| 7 | Amoxicillin 250 mg susp.60 ml | 100 | |||||||
| 8 | Amoxicillin 500 mg cap. 100’s | 50 | |||||||
| 9 | Cefalexin 125 mg/ml susp 60 ml | 20 | |||||||
| 10 | Cefalexin 250 mg/ml susp 60 ml | 50 | |||||||
| 11 | Cefalexin 500 mg cap 100’s | 20 | |||||||
| 12 | Cotrimozasole 200/40mg susp 60 ml | 100 | |||||||
| 13 | Cotrimozasole 400/80mg susp 60 ml | 50 | |||||||
| 14 | Cotrimozasole 400/80mg tab | 10 | |||||||
| 15 | Cotrimozasole 800/160 mg tab 100’s | 50 | |||||||
| 16 | Mefinamic Acid 500 mg cap | 50 | |||||||
| 17 | Lagundi 300mg/ml syrup 60 ml | 150 | |||||||
| 18 | Lagundi 600mg tab 100’s | 50 | |||||||
| 19 | Citirizine drops | 30 | |||||||
| 20 | Citirizine syrup | 150 | |||||||
| 21 | Citirizine tab | 50 | |||||||
| 22 | Symdex tab | 50 | |||||||
| 23 | Salbutamol 2mg/ml syrup 60ml | 20 | |||||||
| 24 | Salbutamol 2mg tab 100’s | 20 | |||||||
| 25 | Salbutamol 1 mg/ml nebule 2.5ml | 5 | |||||||
| 26 | Menadione tab | 30 | |||||||
| 27 | Aluminum OH+ MagnesiumOH susp 60ml | 50 | |||||||
| 28 | Aluminum OH+ MagnesiumOH tab 100’s | 50 | |||||||
| 29 | Dicycloverine 10 mg tab | 20 | |||||||
| 30 | Multivitamins syrup | 50 | |||||||
| 31 | Multivitamins + Minerals tab 100’s | 30 | |||||||
| 32 | Multivitamins + Iron cap 100’s | 30 | |||||||
| 33 | Ferrous sulfate syrup | 50 | |||||||
| 34 | Ferrous sulfate + folic acid tab | 50 | |||||||
| 35 | Ferrous sulfate tab | 30 | |||||||
| 36 | Vitamin B Complex | 50 | |||||||
| 37 | Chlorpinamine syrup | 100 | |||||||
| 38 | Chlorphenamine tab 100’s | 50 | |||||||
| 39 | Losartan 50mg tab | 50 | |||||||
| 40 | Amlodipine 10mg tab | 50 | |||||||
| 41 | Metoprolol 50mg tab | 50 | |||||||
| 42 | Lidocaine anesthesia 50mg | 10 | |||||||
| 43 | Omeprazole 40mg | 5 | |||||||
| 44 | Sambong 500mg | 5 | |||||||
| 45 | Dental Lidocaine anesthesia 50mg | 6 | |||||||
| 46 | BP app-Aneroid (ARK2) | 3 | |||||||
| 47 | Stethoscope | 3 | |||||||
| 47 | Plaster Big | 5 | |||||||
| 48 | Surgical Blade | 1 | |||||||
| 50 | Facial Mask | 5 | |||||||
| 51 | Surgical Gloves size 7 | 5 | |||||||
| 52 | Clean gloves size medium(disposable) | 5 | |||||||
| 53 | Gauze | 5 | |||||||
| 54 | Sydex solution | 2 | |||||||
| 55 | Lysol disinfectant liquid | 3 | |||||||
| 56 | Syringe 1ml | 1 | |||||||
| 57 | Syringe 3ml | 3 | |||||||
| 58 | Syringe 5ml | 1 | |||||||
| 59 | Syringe 10ml | 1 | |||||||
| 60 | Plain NSS Solution 1000ml | 1 | |||||||
| 61 | D5LR Solution 1000ml | 1 | |||||||
| 62 | Dental needle | 10 | |||||||
| 63 | Micro Haematocrit tubes Na-Heparinized 80 iu/ml NRIS) | 1 | |||||||
| 64 | Urine Strips (4 parameters) | 2 | |||||||
| 65 | Tropical dental anesthesia | 5 | |||||||
| 66 | Cutting needle (medium) | 20 | |||||||
| 67 | KY Jelly | 5 | |||||||
| 68 | Forehead thermometer | 5 | |||||||
| 69 | Surgical scissor straight 5.5” | 10 | |||||||
| 70 | Tissue forceps with teeth 5.5” | 6 | |||||||
| 71 | Suture Removal Scissors 5.5” | 10 | |||||||
Contract Agreement Form
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of PROCURING ENTITY] of the Philippines(hereinafter called “the Entity”) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the other part:
WHEREAS the Entity invited Bids for certain goods and ancillary services, viz., [brief description of goods and services] and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of [contract price in words and figures] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:
(a) the Bid Form and the Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract;
(e) the Special Conditions of Contract; and
(f) the Entity’s Notification of Award.
3. In consideration of the payments to be made by the Entity to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Entity to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract
4. The Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written.
Signed, sealed, delivered by the (for the Entity)
Signed, sealed, delivered by the (for the Supplier).
Omnibus Sworn Statement
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:
- Select one, delete the other:
If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at [address of Bidder];
If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder];
- Select one, delete the other:
If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity];
If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)];
- 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 its duly authorized representative(s) to verify all the documents submitted;
- Select one, delete the rest:
If a sole proprietorship: I am not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
- [Name of Bidder] complies with existing labor laws and standards; and
- [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder:
- Carefully examine all of the Bidding Documents;
- Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;
- 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 [Name of the Project].
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines.
_____________________________________
Bidder’s Representative/Authorized Signatory
[JURAT]
* This form will not apply for WB funded projects.
Bank Guarantee Form for Advance Payment
To: [name and address of PROCURING ENTITY]
[name of Contract]
Gentlemen and/or Ladies:
In accordance with the payment provision included in the Special Conditions of Contract, which amends Clause 10 of the General Conditions of Contract to provide for advance payment, [name and address of Supplier] (hereinafter called the “Supplier”) shall deposit with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words].
We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the PROCURING ENTITY on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words].
We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the PROCURING ENTITY and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [date].
Yours truly,
Signature and seal of the Guarantors
[name of bank or financial institution]
[address]
[date]
Section IX. Foreign-Assisted Projects
| Notes on Foreign-Assisted Projects This Section is intended to assist the Procuring Entity in providing the specific information for foreign-assisted projects of the Asian Development Bank (ADB), the Japan International Cooperation Agency (JICA), and the World Bank. If the Funding Source is ADB, the Procuring Entity should use the ADB Bid Data Sheet and the ADB Special Conditions of Contract.. If the Funding Source is JICA, the Procuring Entity should use Section III. Bid Data Sheet and Section V. Special Conditions of Contract, both of the GOP. If the Funding Source is World Bank, the Procuring Entity should use the World Bank Bid Data Sheet and the Section V. Special Conditions of Contract of the GOP. The Procuring Entity shall use these PBDs with minimum changes as necessary to address project-specific conditions. Any such changes shall be introduced only through the Bid Data Sheet or through the Special Conditions of Contract, and not by introducing changes in the standard wording of the Instructions to Bidders and the General Conditions of Contract. The Procuring Entity shall allow the Bidders sufficient time to study the Bidding Documents, prepare and complete responsive bids, and submit their bids. A period of at least thirty (30) days for bid preparation shall be required. Notes on the Invitation to Bid The Invitation to Bid provides information that enables potential Bidders to decide whether to participate in the procurement at hand. The Invitation to Bid shall be: (a) Advertised at least once in a newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement, subject to Sections 21.2.2 of the IRR of R.A. 9184; (b) Posted continuously in the Philippine Government Electronic Procurement System (PhilGEPS) website and the website of the Procuring Entity concerned, if available, from the time the Invitation to Bid is advertised until the deadline for the submission and receipt of bids; and (c) Posted at any conspicuous place reserved for this purpose in the premises of the Procuring Entity concerned from the time the Invitation to Bid is advertised until the deadline for the submission and receipt of bids, as certified by the head of the Bids and Awards Committee (BAC) Secretariat of the Procuring Entity concerned. Apart from the essential items listed in the Bidding Documents, the Invitation to Bid should also indicate the following: The date of availability of the Bidding Documents, which shall be from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids. The place where the Bidding Documents may be purchased or the website where it may be downloaded.The deadline for the submission and receipt of bids from the last day of posting of the Invitation to Bid; andAny important bid evaluation criteria. The Invitation to Bid should be incorporated into the Bidding Documents. The information contained in the Invitation to Bid must conform to the Bidding Documents and in particular to the relevant information in the BDS. Notes on the Bid Data Sheet This Section is intended to assist the Procuring Entity in providing the specific information in relation to the corresponding clauses in the ITB, and has to be prepared for each specific procurement. The PROCURING ENTITY should specify in the BDS information and requirements specific to the circumstances of the Procuring Entity, the processing of the procurement, the applicable rules regarding Bid price and currency, and the Bid evaluation criteria that will apply to the Bids. In preparing this Section, the following aspects should be checked: (a) Information that specifies and complements provisions of Section II. Instructions to Bidders must be incorporated. (b) Amendments and/or supplements, if any, to provisions of Section II. Instructions to Bidders as necessitated by the circumstances of the specific procurement, must also be incorporated. Notes on the Special Conditions of the Contract Similar to the Section III. Bid Data Sheet, the clauses in this Section are intended to assist the Procuring Entity in providing contract-specific information in relation to corresponding clauses in the GCC. The provisions of this Section complement the GCC, specifying contractual requirements linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country, the sector, and the Goods procured. In preparing this Section, the following aspects should be checked: Information that complements provisions of Section IV. General Conditions of Contract must be incorporated.Amendments and/or supplements to provisions of Section IV. General Conditions of Contract, as necessitated by the circumstances of the specific project, must also be incorporated. However, no special condition which defeats or negates the general intent and purpose of the provisions of Section IV. General Conditions of Contract should be incorporated herein. |
Table of Contents
Invitation to Bid for Foreign-Assisted Projects. 86
Asian Development Bank Bid Data Sheet. 88
Asian Development Bank Special Conditions of Contract. 92
Invitation to Bid for Foreign-Assisted Projects
[Letterhead of the Procuring Entity]
Invitation to Bid for [Insert name of Project]
- The Government of the Philippines (GOP) [has received/has applied for/intends to apply for] a [Loan/Grant] from the [state the foreign government/foreign or international financing institution, (e.g. Asian Development Bank, Japan International Cooperative Agency, or World Bank)] toward the cost of [insert name of project], and it intends to apply part of the proceeds of this [Loan/Grant] to payments under the contract for [insert name/no. of contract].
- The [insert name of Procuring Entity] now invites bids for [insert brief description of Goods to be procured].[9] Delivery of the Goods is required [insert the required delivery date or expected contract duration]. Bidders should have completed, within [insert relevant period] from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders.
- Bidding will be conducted in accordance with relevant procedures for open competitive bidding as specified in the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act”, with some amendments, as stated in these Bidding Documents and is open to all Bidders from eligible source countries as defined in the applicable procurement guidelines of the [state the foreign government/foreign or international financing institution concerned (e.g. Asian Development Bank, Japan International Cooperation Agency, or World Bank)]. The contract shall be awarded to the Lowest Calculated Responsive Bidder (LCRB) who was determined as such during post-qualification. The approved budget for the contract (ABC) is [insert here the amount of the ABC].
[If ADB-funded project, please do not indicate the ABC in the Invitation to Bid.]
- Interested bidders may obtain further information from [insert name of the Procuring Entity] and inspect the Bidding Documents at the address given below during [insert office hours].
- A complete set of Bidding Documents may be purchased by interested Bidders on [insert date of availability of Bidding Documents] from the address below and upon payment of a nonrefundable fee for the Bidding Documents in the amount of [insert amount in Pesos].
It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, as applicable provided that Bidders shall pay the nonrefundable fee for the Bidding Documents not later than the submission of their bids.
- The [insert name of the Procuring Entity] will hold a Pre-Bid Conference on [insert time and date] at [insert address for Pre-Bid Conference, if applicable], which shall beopen to all interested parties.
- Bids must be delivered to the address below on or before [insert time and date]. All Bids must be accompanied by a bid security in the amount of __________ in [insert the acceptable form].
Bid opening shall be on [insert time and date] at [insert address for Bid opening]. Bids will be opened in the presence of the Bidders’ representatives who choose to attend at the address below. Late bids shall not be accepted.
- [Insert such other necessary information deemed relevant by the PROCURING ENTITY]
- The [insert name of the Procuring Entity] reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to contract award, without thereby incurring any liability to the affected bidder or bidders.
- For further information, please refer to:
[Insert name of officer]
[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate city code]
[Insert contact’s email address]
[Insert facsimile number]
[Insert website address, if applicable]
_________________________________
[Insert Name and Signature of the BAC Chairperson or the Authorized Representative of the BAC Chairperson]
Asian Development Bank Bid Data Sheet
| ITB Clause | |
| 1.1 | The Procuring Entity is[insert name of purchasing organization] |
| 1.2 | The lot(s) and reference is/are: [insert name] |
| 2 | The Funding Source is the Asian Development Bank (ADB) through [indicate the Loan/Grant No.] in the amount of [insert amount of funds]. The name of the Project is: [Insert the name of the project, or “Not applicable”] Payments by the Foreign Funding Source will be made only at the request of the PROCURING ENTITY and upon approval by the Funding Source in accordance with the terms and conditions of Loan Agreement No. _________ between the PROCURING ENTITY and the Funding Source in accordance with International or Executive Agreement dated ______________ (hereinafter called the “Loan Agreement”). The payments will be subject in all respect to the terms and conditions of that Loan Agreement and the applicable law. No party other than the PROCURING ENTITY shall derive any rights from the Loan Agreement or have any claim to the funds. The Loan Agreement prohibits a withdrawal for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Funding Source, is prohibited by a decision of the United Nations Security Council, taken under Chapter VII of the Charter of the United Nations. |
| 3.1 | ADB’s anticorruption policy requires borrowers (including beneficiaries of ADB‑financed activity), as well as bidders, suppliers, and contractors under ADB-financed contracts, to observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, ADB: defines, for the purposes of this provision, the terms set forth below as follows:“corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party;“fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;“coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;“collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party;will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the contract in question; will cancel the portion of the financing allocated to a contract if it determines at any time that representatives of the borrower or of a beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive, or coercive practices during the procurement or the execution of that contract, without the borrower having taken timely and appropriate action satisfactory to ADB to remedy the situation; (d) will sanction a firm or an individual, at any time, in accordance with ADB’s Anticorruption Policy and Integrity Principles and Guidelines (both as amended from time to time), including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed or ADB-administered activities or to benefit from an ADB-financed or ADB administered contract, financially or otherwise, if it at any time determines that the firm or individual has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive or other prohibited practices. |
| 5.1 | Eligible Bidders are as described in ADB Procurement Guidelinesas stated in the Loan Agreement and as described on Asian Development Bank’s web page www.adb.org. An Eligible Bidder shall be deemed to have the nationality of a country if it is a citizen or constituted or incorporated, and operates in conformity with the provisions of the laws of that country. |
| 5.2 | Eligible Bidders are as described in ADB Procurement Guidelinesas stated in the Loan Agreement and as described on Asian Development Bank’s web page www.adb.org. |
| 5.4 | Instruction is the same as the GOP Bid Data Sheet |
| 7 | Eligible goods and services shall have their origin in eligible source countries as described in ADB Procurement Guidelines as stated in the Loan Agreement and as described on Asian Development Bank’s web page www.adb.org. For the purpose of this Clause, origin means the country where the goods have been grown in, mined, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its imported components. |
| 8.1 | Instruction is the same as the GOP Bid Data Sheet |
| 8.2 | Instruction is the same as the GOP Bid Data Sheet |
| 9.1 | The Procuring Entity will hold a pre-bid conference for this Project on [State date and time] at [State address of venue]. NOTE: The pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids. |
| 10.1 | Instruction is the same as the GOP Bid Data Sheet |
| 12.1(a) | The first envelope shall c]ontain the following eligibility and technical documents: a. Eligibility Requirements i. Registration Certification of the Company; ii. List of relevant contracts that comply to the experience requirement as specified in ITB Clause 5.4; iii. Audited financial statement for the past two years; iv. In case of Joint Venture, the JV Agreement, if existing, or a signed Statement from the partner companies that they will enter into a JV in case of award of contract; b. Technical Documents v. Bid security as required in the ITB; vi. Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed in Section VIII. Bidding Forms; viii. A commitment from a Universal or Commercial Bank to extend a credit line in favor of the bidder if awarded the contract for the project. Foreign bidders may submit the equivalent documents, if any, issued by the country of the foreign bidder. |
| 12.1(a)(i) | List any additional acceptable proof of registration mentioned in the ITB Clause or state “No other acceptable proof of registration is recognized. Foreign bidders may submit the equivalent documents, if any, issued by the country of the foreign bidder.” |
| 12.1(a)(iii) | Instruction is the same as the GOP Bid Data Sheet |
| 13.1 | Instruction is the same as the GOP Bid Data Sheet |
| 13.2 | There is no ceiling for Financial Proposals. |
| 15.4(a)(iii) | Instruction is the same as the GOP Bid Data Sheet |
| 15.4(b) | Instruction is the same as the GOP Bid Data Sheet |
| 16.1(b) | Instruction is the same as the GOP Bid Data Sheet |
| 16.3 | Instruction is the same as the GOP Bid Data Sheet |
| 17.1 | Instruction is the same as the GOP Bid Data Sheet |
| 18.1 | Instruction is the same as the GOP Bid Data Sheet |
| 18.2 | Instruction is the same as the GOP Bid Data Sheet |
| 20.3 | Instruction is the same as the GOP Bid Data Sheet |
| 21 | Instruction is the same as the GOP Bid Data Sheet |
| 24.1 | Instruction is the same as the GOP Bid Data Sheet |
| 24.2 | During Bid opening, if the first bid envelope lacks any of the documents listed in the ADB BDS 12.1(a), the bid shall be declared non-responsive but the documents shall be kept by the Procuring Entity. Only the unopened Price Proposal shall be returned to the Bidder. |
| 27.1 | No domestic preference is applicable. |
| 28.3 | Instruction is the same as the GOP Bid Data Sheet |
| 28.3(b) | Instruction is the same as the GOP Bid Data Sheet |
| 28.4 | There is no ceiling for Financial Proposals. |
| 29.2(a) | Instruction is the same as the GOP Bid Data Sheet |
| 29.2(b) | Instruction is the same as the GOP Bid Data Sheet |
| 29.2(d) | Instruction is the same as the GOP Bid Data Sheet |
| 32.4(g) | Instruction is the same as the GOP Bid Data Sheet |
Asian Development Bank Special Conditions of Contract
The ADB adopts the provisions of the Special Conditions of Contract of the GOP as contained in the Harmonized Philippine Bidding Documents dated ________, except GCC Clause 2.1 (Corrupt, Fraudulent, Collusive, and Coercive Practices) which shall read as follows:
| SCC Clause | |
| 2.1 | ADB’s anticorruption policy requires borrowers (including beneficiaries of ADB‑financed activity), as well as bidders, suppliers, and contractors under ADB-financed contracts, to observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, ADB: (a) defines, for the purposes of this provision, the terms set forth below as follows: “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party;“fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;“coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;“collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; (b) will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the contract in question; (c) will cancel the portion of the financing allocated to a contract if it determines at any time that representatives of the borrower or of a beneficiary of ADB-financing engaged in corrupt, fraudulent, collusive, or coercive practices during the procurement or the execution of that contract, without the borrower having taken timely and appropriate action satisfactory to ADB to remedy the situation; (d) will sanction a firm or an individual, at any time, in accordance with ADB’s Anticorruption Policy and Integrity Principles and Guidelines (both as amended from time to time), including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed or ADB-administered activities or to benefit from an ADB-financed or ADB administered contract, financially or otherwise, if it at any time determines that the firm or individual has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive or other prohibited practices. |
| ITB Clause | |
| 1.1 | The Procuring Entity is[insert name of purchasing organization] |
| 1.2 | The lot(s) and reference is/are: [insert name] |
| 2 | The Funding Source is the World Bank through [indicate the Loan/Grant No.] in the amount of [insert amount of funds]. The name of the Project is: [Insert the name of the project] Payments by the Foreign Funding Source will be made only at the request of the PROCURING ENTITY and upon approval by the Funding Source in accordance with the terms and conditions of the Loan Agreement No. ____ between the PROCURING ENTITY and the Funding Source in accordance with the International or Executive Agreement dated _______ (hereinafter called the “Loan Agreement”). |
| 3.1 | No further instructions. |
| 5.1 | The Loan/Grant Agreement states in its Procurement NCB Annex that “foreign bidders shall be eligible to bid xxx”. Eligible Bidders are as defined in the Guidelines: Procurement under IBRD Loans and IDA Credits as stated in the Loan Agreement and as described on World Bank’s web page www.worldbank.org. |
| 5.2 | The Loan/Grant Agreement states in its Procurement NCB Annex that “foreign bidders shall be eligible to bid xxx”. Eligible Bidders are as defined in the Guidelines: Procurement under IBRD Loans and IDA Credits as stated in the Loan Agreement and as described on World Bank’s web page www.worldbank.org. |
| 5.4 | Instruction is the same as the GOP Bid Data Sheet |
| 7 | Instruction is the same as the GOP Bid Data Sheet |
| 8.1 | Instruction is the same as the GOP Bid Data Sheet |
| 8.2 | Instruction is the same as the GOP Bid Data Sheet |
| 9.1 | The Procuring Entity will hold a pre-bid conference for this Project on [State date and time] at [State address of venue]. NOTE: The pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids. |
| 10.1 | Instruction is the same as the GOP Bid Data Sheet |
| 12.1(a) | During Bid opening, if the first bid envelope lacks any of the following documents, the bid shall be declared non-responsive. The first envelope shall contain the following required documents: Registration Certification of the Company;List of relevant contracts as specified in ITB Clause 5.4; Audited financial statement for the past two years;In case of Joint Venture, the JV Agreement, if existing, or a signed Statement from the partner companies that they will enter into a JV in case of award of contract;Bid security as required in the ITB;Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed in Section VIII. Bidding Forms;A commitment from a Universal or Commercial Bank to extend a credit line in favor of the bidder if awarded the contract for the project. Notwithstanding the BAC’s declaration of non-responsiveness of the first bid envelope, the financial proposals contained in the second bid envelopes of all the bidders shall be read. The first and second envelopes shall not be returned to the bidders. Foreign bidders may submit the equivalent documents, if any, issued by the country of the foreign bidder. |
| 12.1(a)(i) | List any additional acceptable proof of registration mentioned in the ITB Clause or state. “No other acceptable proof of registration is recognized. Foreign bidders may submit the equivalent documents, if any, issued by the country of the foreign bidder.” |
| 12.1(a)(iii) | Instruction is the same as the GOP Bid Data Sheet |
| 13.1 | Instruction is the same as the GOP Bid Data Sheet |
| 13.1(b) | Domestic preference is not applicable. |
| 13.2 | Select one, delete the other: There is no ceiling for Financial Proposals. Or – The ABC is [insert amount]. Any bid with a financial component exceeding this amount shall not be accepted. NOTE:Subject to prior concurrence of the World Bank, a ceiling may be applied to bid prices provided the following conditions are met: 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. The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the engineer or the responsible unit of the procuring entity and that the estimates are based on adequate detailed engineering (in the case of works) and reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured. The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. In the case of infrastructure projects, the procuring entity must also have trained quantity surveyors. The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer’s/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. |
| 15.4(a)(iii) | Instruction is the same as the GOP Bid Data Sheet |
| 15.4(b) | Instruction is the same as the GOP Bid Data Sheet |
| 16.1(b) | Instruction is the same as the GOP Bid Data Sheet |
| 16.3 | Instruction is the same as the GOP Bid Data Sheet |
| 17.1 | Instruction is the same as the GOP Bid Data Sheet |
| 18.1 | Instruction is the same as the GOP Bid Data Sheet |
| 18.2 | Instruction is the same as the GOP Bid Data Sheet |
| 20.3 | Instruction is the same as the GOP Bid Data Sheet |
| 21 | Instruction is the same as the GOP Bid Data Sheet |
| 24.1 | Instruction is the same as the GOP Bid Data Sheet |
| 24.2 | During Bid opening, if the first envelope lacks any of the documents listed in World Bank BDS 12.1(a), the bid shall be declared non-responsive but the documents shall be kept by the Procuring Entity. The financial proposals in the second envelope of all the bidders shall be read for record purposes. The first and second envelopes shall not be returned to the bidders. |
| 27.1 | No domestic preference is applicable. |
| 28.3 | Instruction is the same as the GOP Bid Data Sheet |
| 28.3(b) | Instruction is the same as the GOP Bid Data Sheet |
| 28.4 | Follow Clause ITB No. 13.2 on whether ABC as a price ceiling will apply. |
| 29.2(a) | If the winner is a foreign bidder, the tax clearance applies to Philippine tax only. |
| 29.2(b) | If the winner is a foreign bidder, the requirement applies to relevant Philippine tax only. |
| 29.2(d) | Instruction is the same as the GOP Bid Data Sheet |
| 32.4(g) | Instruction is the same as the GOP Bid Data Sheet |
[1] Unless the Treaty or International or Executive Agreement expressly provides use of foreign government/foreign or international financing institution procurement guidelines.
[2] In the case of National Government Agencies, the General Appropriations Act and/or continuing appropriations; in the case of GOCCs, GFIs, and SUCs, the Corporate Budget for the contract approved by the governing Boards; in the case of (LGUs, the Budget for the contract approved by the respective Sanggunian. (Section 5(a), R.A. 9184)
[3] A brief description of the type(s) of Goods should be provided, including quantities, location of project, and other information necessary to enable potential bidders to decide whether or not to respond to the invitation.
[4] May be deleted in case the ABC is less than One Million Pesos (PhP1,000,000) where the Procuring Entity may not hold a pre-bid conference.
[5] If ADB, JICA and WB funded projects, use IFB.
[6] Applicable only if the Funding Source is the ADB, JICA or WB.
[7] If ADB, JICA and WB funded projects, use IFB.
53[8] If ADB, JICA and WB funded projects, use IFB.
[9] A brief description of the type(s) of Goods should be provided, including quantities, location of project, and other information necessary to enable potential bidders to decide whether or not to respond to the invitation.