Republic of the Philippines

Province of Leyte
Municipality of Tunga
-oOo-

BIDDING DOCUMENTS
FOR
CONTINUATION OF THE
CONSTRUCTION OF 2-STOREY DRY
MARKET BUILDING, TUNGA PUBLIC
MARKET PHASE 2

MUNICIPALITY OF TUNGA
PROVINCE OF LEYTE

Fourth Edition
December 2010
 Preface
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 (ITB) and in
Section IV. General Conditions of Contract (GCC). Data and provisions specific to each
procurement and contract should be included in (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:

(a) All the documents listed in the Table of Contents are normally required for the
procurement of Goods. However, they should be adapted as necessary to the
circumstances of the particular Project.

(b) Specific details, such as the name of the Procuring Entity and address for bid
submission, should be furnished in the ITB, BDS, and SCC. The final
documents should contain neither blank spaces nor options.

(c) This Preface and the footnotes or notes in italics included in the Invitation to
Bid, BDS, SCC, Schedule of Requirements, and Specifications are not part of
the text of the final document, although they contain instructions that the

1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign
government/foreign or international financing institution procurement guidelines.

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 Procuring Entity should strictly follow. The Bidding Documents should
contain no footnotes except Section VIII. Bidding Forms since these provide
important guidance to Bidders.

(d) The cover should be modified as required to identify the Bidding Documents
as to the names of the Project, Contract, and Procuring Entity, in addition to
date of issue.

(e) If modifications must be made to bidding procedures, they can be presented in

the BDS. Modifications for specific Project or Contract details should be
provided in the SCC as amendments to the Conditions of Contract. For easy
completion, whenever reference has to be made to specific clauses in the BDS
or SCC these terms shall be printed in bold type face on Section I. Instructions
to Bidders and Section III. General Conditions of Contract, respectively.

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 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 60
SECTION VI. SCHEDULE OF REQUIREMENTS 68
SECTION VII. TECHNICAL SPECIFICATIONS 69
SECTION VIII. BIDDING FORMS 72
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

(c) Posted at any conspicuous place reserved for this purpose in the premises of the
Procuring Entity concerned for a minimum period of seven (7) calendar days, 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:

(a) 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;

(b) The place where the Bidding Documents may be purchased or the website
where it may be downloaded;

(c) The deadline for the submission and receipt of bids from the last day of posting
of the Invitation to Bid; and

(d) Any important bid evaluation criteria (e.g., the application of a margin of
preference in bid evaluation).

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.

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 Republic of the Philippines
Province of Leyte
Municipality of Tunga

Bids and Awards Committee

INVITATION TO BID

1. The Local Government Unit of Tunga, Leyte through the 20% Development Fund its
Bids and Awards Committee (BAC) intends to apply the sum of One Million Two
Hundred Thousand Pesos (Php1, 2000.00) Only being the Approved Budget for the
Contract (ABC) to payments under the contract for Continuation of the Construction of
2-Storey Dry Market Building, Tunga Public Market Phase 2. Bids received in excess
of the ABC shall be automatically rejected at bid opening.

2. The Local Government Unit of Tunga, Leyte now invites bids for Continuation of the
Construction of 2-Storey Dry Market Building, Tunga Public Market Phase 2. The
description of an eligible bidder is contained in the Bidding Documents, particularly, in
Section II. Instructions to Bidders.

3. Bidding will be conducted through open competitive bidding procedures using a non-
discretionary pass/fail criterion as specified in the Implementing Rules and
Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the Government
Procurement Reform Act.

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:

(i) Select this paragraph if conditions (a), (c), and (d) under Section 23.5.1.2 of the
IRR of RA 9184 do not exist: Bidding is restricted to Filipino citizens/sole
proprietorships, partnerships, or organizations with at least sixty percent (60%)
interest or outstanding capital stock belonging to citizens of the Philippines, and to
citizens or organizations of a country the laws or regulations of which grant similar
rights or privileges to Filipino citizens, pursuant to RA 5183 and subject to
Commonwealth Act 138.

4. Interested bidders may obtain further information from Local Government Unit Of
Tunga, Leyte and inspect the Bidding Documents at the address given below during
Office Hours.

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 A complete set of Bidding Documents may be purchased by interested Bidders on
November 7, 2016 from the address below and upon payment of a nonrefundable fee
for the Bidding Documents in the amount of Five Thousand Pesos (5,000.00 Pesos)
Only.

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.

5. Select one of the following two paragraphs, and delete the other: 2

a) If the Procuring Entity intends to limit the Pre-Bid Conference to Bidders who
have purchased the Bidding Documents:

The Local Government Unit of Tunga, Leyte will hold a Pre-Bid Conference on
November 14, 2016 at the Municipal Civil Registrar Office, which shall be open
only to all interested parties who have purchased the Bidding Documents.

6. Bids must be delivered to the address below on or before November 28,2016 @ 8:00
am. All Bids must be accompanied by a bid security in any of the acceptable forms and
in the amount stated in ITB Clause .1.15..

Bid opening shall be on November 28, 2016 @ 8:30am at Municipal Civil Registrar
Office. 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.

7. The Local Government Unit of Tunga, Leyte 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.

8. For further information, please refer to:

LUZVIMINDA I. BULLECER
BAC CHAIRMAN

2 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.

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 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.

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 TABLE OF CONTENTS

A. GENERAL........................................................................................................12
1. Scope of Bid 12
2. Source of Funds 12
3. Corrupt, Fraudulent, Collusive, and Coercive Practices 12
4. Conflict of Interest 13
5. Eligible Bidders 15
6. Bidders Responsibilities 16
7. Origin of Goods 18
8. Subcontracts 18
B. CONTENTS OF BIDDING DOCUMENTS............................................................18
9. Pre-Bid Conference 18
10. Clarification and Amendment of Bidding Documents 19
C. PREPARATION OF BIDS...................................................................................19
11. Language of Bid 19
12. Documents Comprising the Bid: Eligibility and Technical Components 19
13. Documents Comprising the Bid: Financial Component 21
14. Alternative Bids 22
15. Bid Prices 22
16. Bid Currencies 23
17. Bid Validity 24
18. Bid Security24
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
22. Late Bids 28
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
26. Clarification of Bids 30
27. Domestic Preference 30

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

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 a. General

.1.1. Scope of Bid

.1.2. The procuring entity named in the BDS (hereinafter referred to as the
Procuring Entity) wishes to receive bids for supply and delivery of the
goods as described in Section VII. Technical Specifications (hereinafter
referred to as the Goods).

.1.3. The name, identification, and number of lots specific to this bidding are
provided in the BDS. The contracting strategy and basis of evaluation of lots
is described in ITB Clause .1.35..

.1.4. 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.

.1.5. Corrupt, Fraudulent, Collusive, and Coercive Practices

.1.6. Unless otherwise specified in the BDS, the Procuring Entity as well as
the bidders and suppliers shall observe the highest standard of ethics during
the procurement and execution of the contract. In pursuance of this policy, the
Procuring Entity:

()a defines, for purposes of this provision, the terms set forth below as
follows:

()i corrupt practice means behavior on the part of officials in the

public or private sectors by which they improperly and unlawfully enrich
themselves, others, or induce others to do so, by misusing the position in
which they are placed, and includes the offering, giving, receiving, or
soliciting of anything of value to influence the action of any such official in
the procurement process or in contract execution; entering, on behalf of the
government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will
profit thereby, and similar acts as provided in RA 3019.

()ii fraudulent practice means a misrepresentation of facts in

order to influence a procurement process or the execution of a contract to the
detriment of the Procuring Entity, and includes collusive practices among
Bidders (prior to or after bid submission) designed to establish bid prices at
artificial, non-competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition.

()iii collusive practices means a scheme or arrangement between

two or more Bidders, with or without the knowledge of the Procuring Entity,
designed to establish bid prices at artificial, non-competitive levels.

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

()v obstructive practice is

(aa) deliberately destroying, falsifying, altering or

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

(bb) acts intended to materially impede the exercise of the

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

()b will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in any of the practices mentioned in this
Clause for purposes of competing for the contract.

()c Further, the Procuring Entity will seek to impose the maximum civil,
administrative, and/or criminal penalties available under applicable laws on
individuals and organizations deemed to be involved in any of the practices
mentioned in ITB Clause ()a.

()d Furthermore, the Funding Source and the Procuring Entity reserve the
right to inspect and audit records and accounts of a bidder or supplier in the
bidding for and performance of a contract themselves or through independent
auditors as reflected in the GCC Clause .3.4..

.1.7. Conflict of Interest

.1.8. All Bidders found to have conflicting interests shall be disqualified to
participate in the procurement at hand, without prejudice to the imposition of
appropriate administrative, civil, and criminal sanctions. A Bidder may be
considered to have conflicting interests with another Bidder in any of the
events described in paragraphs (a) through (c) below and a general conflict of
interest in any of the circumstances set out in paragraphs (d) through (f)
below:

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

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

()c A Bidder has the same legal representative as that of another Bidder for
purposes of this bid;

()d A Bidder has a relationship, directly or through third parties, that puts
them in a position to have access to information about or influence on the bid
of another Bidder or influence the decisions of the Procuring Entity regarding
this bidding process. This will include a firm or an organization who lends, or
temporarily seconds, its personnel to firms or organizations which are engaged
in consulting services for the preparation related to procurement for or
implementation of the project if the personnel would be involved in any
capacity on the same project;

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

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

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

()g In accordance with Section 47 of the IRR of RA 9184, all Bidding

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

()h If the Bidder is an individual or a sole proprietorship, to the Bidder

himself;

()i If the Bidder is a partnership, to all its officers and members;

()j If the Bidder is a corporation, to all its officers, directors, and

controlling stockholders; and

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

Relationship of the nature described above or failure to comply with this

Clause will result in the automatic disqualification of a Bidder.

.1.9. Eligible Bidders

.1.10. Unless otherwise provided in the BDS, the following persons shall be
eligible to participate in this bidding:

()a Duly licensed Filipino citizens/sole proprietorships;

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()b Partnerships duly organized under the laws of the Philippines and of
which at least sixty percent (60%) of the interest belongs to citizens of the
Philippines;

()c Corporations duly organized under the laws of the Philippines, and of
which at least sixty percent (60%) of the outstanding capital stock belongs to
citizens of the Philippines;

()d Cooperatives duly organized under the laws of the Philippines, and of
which at least sixty percent (60%) of the interest belongs to citizens of the
Philippines; and

()e Unless otherwise provided in the 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%).

()f Foreign bidders may be eligible to participate when any of the

following circumstances exist, as specified in the BDS:

()g When a Treaty or International or Executive Agreement as provided in

Section 4 of the RA 9184 and its IRR allow foreign bidders to participate;

()h Citizens, corporations, or associations of a country, included in the list

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

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

()j When there is a need to prevent situations that defeat competition or

restrain trade.

()k Government corporate entities may be eligible to participate only if

they can establish that they (a) are legally and financially autonomous, (b)
operate under commercial law, and (c) are not dependent agencies of the GOP
or the Procuring Entity.

()l Unless otherwise provided in the BDS, the Bidder must have
completed at least one contract similar to the Project the value of which,
adjusted to current prices using the National Statistics Office consumer price
index, must be at least equivalent to a percentage of the ABC stated in the
BDS.

For this purpose, contracts similar to the Project shall be those described in the
BDS, and completed within the relevant period stated in the Invitation to Bid
and ITB Clause .1.1.()a()iii.

The Bidder must submit a computation of its Net Financial Contracting

Capacity (NFCC) or a commitment from a Universal or Commercial Bank to
extend a credit line in its favor if awarded the contract for this Project (CLC).

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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.

.1.1. Bidders Responsibilities

.1.2. The Bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section VIII. Bidding Forms as required in
ITB Clause .1.1.()b()iii.

.1.3. The Bidder is responsible for the following:

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

Documents;

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

implementation of the contract;

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

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

Supplemental/Bid Bulletin(s) as provided under ITB Clause .1.4..

()e Ensuring that it is not blacklisted or barred from bidding by the GOP
or any of its agencies, offices, corporations, or LGUs, including
foreign government/foreign or international financing institution whose
blacklisting rules have been recognized by the GPPB;

()f Ensuring that each of the documents submitted in satisfaction of the

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

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 ()g Authorizing the Head of the Procuring Entity or its duly authorized
representative/s to verify all the documents submitted;

()h Ensuring that the signatory is the duly authorized representative of the
Bidder, and granted full power and authority to do, execute and
perform any and all acts necessary and/or to represent the Bidder in the
bidding, with the duly notarized Secretarys Certificate attesting to
such fact, if the Bidder is a corporation, partnership, cooperative, or
joint venture;

()i Complying with the disclosure provision under Section 47 of RA 9184

in relation to other provisions of RA 3019; and

()j Complying with existing labor laws and standards, in the case of
procurement of services.

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

The Bidder is expected to examine all instructions, forms, terms, and

specifications in the Bidding Documents.

It shall be the sole responsibility of the Bidder to determine and to satisfy itself
by such means as it considers necessary or desirable as to all matters
pertaining to the contract to be bid, including: (a) the location and the nature
of this Project; (b) climatic conditions; (c) transportation facilities; and (d)
other factors that may affect the cost, duration, and execution or
implementation of this Project.

The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity.

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

Before submitting their bids, the Bidder is deemed to have become familiar
with all existing laws, decrees, ordinances, acts and regulations of the
Philippines which may affect this Project in any way.

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

.1.1. 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 .1.34..

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

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

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

b. Contents of Bidding Documents

.1.6. Pre-Bid Conference

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

(b) The pre-bid conference shall be held at least twelve (12) calendar days
before the deadline for the submission and receipt of bids. 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.

Bidders are encouraged to attend the pre-bid conference to ensure that they
fully understand the Procuring Entitys requirements. Non-attendance of the
Bidder will in no way prejudice its bid; however, the Bidder is expected to
know the changes and/or amendments to the Bidding Documents discussed
during the pre-bid conference.

Any statement made at the pre-bid conference shall not modify the terms of
the Bidding Documents unless such statement is specifically identified in
writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

.1.1. Clarification and Amendment of Bidding Documents

.1.2. Bidders who have purchased the Bidding Documents may request for
clarification on any part of the Bidding Documents for an interpretation. Such

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 request must be in writing and submitted to the Procuring Entity at the address
indicated in the BDS at least ten (10) calendar days before the deadline set for
the submission and receipt of bids.

.1.3. Supplemental/Bid Bulletins may be issued upon the Procuring Entitys

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

.1.4. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted
on the Philippine Government Electronic Procurement System (PhilGEPS)
and the website of the Procuring Entity concerned, if available. It shall be the
responsibility of all Bidders who secure the Bidding Documents to inquire and
secure Supplemental/Bid Bulletins that may be issued by the BAC. However,
Bidders who have submitted bids before the issuance of the Supplemental/Bid
Bulletin must be informed and allowed to modify or withdraw their bids in
accordance with ITB Clause .1.15..

c. Preparation of Bids

.1.5. 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.

.1.6. Documents Comprising the Bid: Eligibility and Technical

Components
.1.1. Unless otherwise indicated in the BDS, the first envelope shall contain the
following eligibility and technical documents:

()a Eligibility Documents

Class A Documents:

()i Registration certificate from the Securities and Exchange

Commission (SEC), Department of Trade and Industry (DTI) for sole
proprietorship, or Cooperative Development Authority (CDA) for
cooperatives, or any proof of such registration as stated in the BDS;

()ii Mayors permit issued by the city or municipality where the

principal place of business of the prospective bidder is located;

()iii Statement of all its ongoing and completed government and

private contracts within the period stated in the BDS, including contracts

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awarded but not yet started, if any. The statement shall include, for each
contract, the following:

(.iii.1) name of the contract;

(.iii.2) date of the contract;

(.iii.3) kinds of Goods;

(.iii.4) amount of contract and value of outstanding contracts;

(.iii.5) date of delivery; and

(.iii.6) end users acceptance or official receipt(s) issued for the

contract, if completed.

()iv Audited financial statements, stamped received by the

Bureau of Internal Revenue (BIR) or its duly accredited and authorized
institutions, for the preceding calendar year, which should not be earlier than
two (2) years from bid submission;

()v NFCC computation or CLC in accordance with ITB Clause ;

and

Class B Document:

()vi If applicable, the JVA in case the joint venture is already in

existence, or duly notarized statements from all the potential joint venture
partners stating that they will enter into and abide by the provisions of the JVA
in the instance that the bid is successful.

()b Technical Documents

()i Bid security in accordance with ITB Clause .1.15.. If the

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

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

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

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

by the Insurance Commission that the surety or insurance company is
authorized to issue such instruments;

()ii Conformity with technical specifications, as enumerated and

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

()iii Sworn statement in accordance with Section 25.2(a)(iv) of the

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

.1.2. Documents Comprising the Bid: Financial Component

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 .1.3. Unless otherwise stated in the BDS, the financial component of the bid
shall contain the following:

()a Financial Bid Form, which includes bid prices and the bill of quantities
and the applicable Price Schedules, in accordance with ITB Clauses .1.6. and .
1.9.;

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

Entity, a certification from the DTI, SEC, or CDA issued in accordance with
ITB Clause .1.33., unless otherwise provided in the BDS; and

()c Any other document related to the financial component of the bid as
stated in the BDS.

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

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

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

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

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

(ii) The procuring entity has procedures in place to ensure that the
ABC is based on recent estimates made by the responsible unit of
the procuring entity and that the estimates reflect the quality,
supervision and risk and inflationary factors, as well as prevailing
market prices, associated with the types of works or goods to be
procured.

(iii) The procuring entity has trained cost estimators on estimating

prices and analyzing bid variances.

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

report bid prices relative to ABC and engineers/procuring
entitys estimate.

(v) The procuring entity has established a system to monitor and

report bid prices relative to ABC and procuring entitys 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.

.1.4. 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

20
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.

.1.5. Bid Prices

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

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

.1.8. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost
and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade
terms used to describe the obligations of the parties, shall be governed by the
rules prescribed in the current edition of the International Commercial Terms
(INCOTERMS) published by the International Chamber of Commerce, Paris.

.1.9. Prices indicated on the Price Schedule shall be entered separately in the
following manner:

()a For Goods offered from within the Procuring Entitys country:

()i The price of the Goods quoted EXW (ex works, ex factory, ex
warehouse, ex showroom, or off-the-shelf, as applicable), including all
customs duties and sales and other taxes already paid or payable:

(.i.1) on the components and raw material used in the

manufacture or assembly of Goods quoted ex works or ex factory; or

(.i.2) on the previously imported Goods of foreign origin

quoted ex warehouse, ex showroom, or off-the-shelf and any Procuring Entity
country sales and other taxes which will be payable on the Goods if the
contract is awarded.

()ii The price for inland transportation, insurance, and other local
costs incidental to delivery of the Goods to their final destination.

()iii The price of other (incidental) services, if any, listed in the

BDS.

()b For Goods offered from abroad:

()i Unless otherwise stated in the BDS, the price of the Goods
shall be quoted DDP with the place of destination in the Philippines as
specified in the BDS. In quoting the price, the Bidder shall be free to use

21
transportation through carriers registered in any eligible country. Similarly,
the Bidder may obtain insurance services from any eligible source country.

()ii The price of other (incidental) services, if any, listed in the

BDS.

()iii Prices quoted by the Bidder shall be fixed during the Bidders
performance of the contract and not subject to variation or price escalation on
any account. A bid submitted with an adjustable price quotation shall be
treated as non-responsive and shall be rejected, pursuant to ITB Clause .1.20..

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.

.1.10. Bid Currencies

.1.11. Prices shall be quoted in the following currencies:

()a For Goods that the Bidder will supply from within the Philippines, the
prices shall be quoted in Philippine Pesos.

()b For Goods that the Bidder will supply from outside the Philippines, the
prices may be quoted in the currency(ies) stated in the BDS. However, for
purposes of bid evaluation, bids denominated in foreign currencies shall be
converted to Philippine currency based on the exchange rate as published in
the BSP reference rate bulletin on the day of the bid opening.

()c If so allowed in accordance with ITB Clause .1.11., 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.

()d Unless otherwise specified in the BDS, payment of the contract price
shall be made in Philippine Pesos.

.1.12. Bid Validity

.1.13. Bids shall remain valid for the period specified in the BDS which shall
not exceed one hundred twenty (120) calendar days from the date of the
opening of bids.

.1.14. In exceptional circumstances, prior to the expiration of the Bid validity

period, the Procuring Entity may request Bidders to extend the period of

22
validity of their bids. The request and the responses shall be made in writing.
The bid security described in ITB Clause 18 should also be extended
corresponding to the extension of the bid validity period at the least. A Bidder
may refuse the request without forfeiting its bid security, but his bid shall no
longer be considered for further evaluation and award. A Bidder granting the
request shall not be required or permitted to modify its bid.

.1.15. Bid Security

.1.16. The bid security in the amount stated in the BDS shall be equal to the
percentage of the ABC in accordance with the following schedule:

Amount of Bid Security

Form of Bid Security
(Equal to Percentage of the ABC)
()a Cash or cashiers/managers
check issued by a Universal or
Commercial Bank.
()b Bank draft/guarantee or
irrevocable letter of credit issued
by a Universal or Commercial Two percent (2%)
Bank: Provided, however, that it
shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.
()c Surety bond callable upon
demand issued by a surety or
insurance company duly certified Five percent (5%)
by the Insurance Commission as
authorized to issue such security.
()d Any combination of the Proportionate to share of form with
foregoing. respect to total amount of security

For biddings conducted by LGUs, the Bidder may also submit bid securities in
the form of cashiers/managers check, bank draft/guarantee, or irrevocable
letter of credit from other banks certified by the BSP as authorized to issue
such financial statement.

The bid security should be valid for the period specified in the BDS. Any bid
not accompanied by an acceptable bid security shall be rejected by the
Procuring Entity as non-responsive.

No bid securities shall be returned to bidders after the opening of bids and
before contract signing, except to those that failed or declared as post-
disqualified, upon submission of a written waiver of their right to file a motion
for reconsideration and/or protest. Without prejudice on its forfeiture, bid
securities shall be returned only after the bidder with the Lowest Calculated
and Responsive Bid has signed the contract and furnished the performance
security, but in no case later than the expiration of the bid security validity
period indicated in ITB Clause .

23
Upon signing and execution of the contract pursuant to ITB Clause .1.8., and
the posting of the performance security pursuant to ITB Clause .1.13., the
successful Bidders bid security will be discharged, but in no case later than
the bid security validity period as indicated in the ITB Clause .

The bid security may be forfeited:

()a if a Bidder:

()i withdraws its bid during the period of bid validity specified in
ITB Clause .1.12.;

()ii does not accept the correction of errors pursuant to ITB Clause
.1.37.()e;

()iii fails to submit the requirements within the prescribed period or

a finding against their veracity as stated in ITB Clause .1.40.;

()iv submission of eligibility requirements containing false

information or falsified documents;

()v submission of bids that contain false information or falsified

documents, or the concealment of such information in the bids in order to
influence the outcome of eligibility screening or any other stage of the public
bidding;

()vi allowing the use of ones name, or using the name of another
for purposes of public bidding;

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

contract with the Government without justifiable cause, after the Bidder had
been adjudged as having submitted the Lowest Calculated and Responsive
Bid;

()viii refusal or failure to post the required performance security

within the prescribed time;

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

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

()x any documented attempt by a bidder to unduly influence the

outcome of the bidding in his favor;

()xi failure of the potential joint venture partners to enter into the
joint venture after the bid is declared successful; or

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

24
()b if the successful Bidder:

()i fails to sign the contract in accordance with ITB Clause .1.8.;
or

()ii fails to furnish performance security in accordance with ITB

Clause .1.13..

.1.2. Format and Signing of Bids

.1.3. Bidders shall submit their bids through their duly authorized
representative using the appropriate forms provided in Section VIII. Bidding
Forms on or before the deadline specified in the ITB Clauses .1.13. 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 .1.1., and the second shall contain
the financial component of the bid.

.1.4. Forms as mentioned in ITB Clause .1.3. 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.

.1.5. The Bidder shall prepare and submit an original of the first and second
envelopes as described in ITB Clauses .1.6. and .1.2.. In the event of any
discrepancy between the original and the copies, the original shall prevail.

.1.6. The bid, except for unamended printed literature, shall be signed, and
each and every page thereof shall be initialed, by the duly authorized
representative/s of the Bidder.

.1.7. Any interlineations, erasures, or overwriting shall be valid only if they

are signed or initialed by the duly authorized representative/s of the Bidder.

.1.8. Sealing and Marking of Bids

.1.9. Bidders shall enclose their original eligibility and technical documents
described in ITB Clause .1.6. 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.

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

25
 .1.11. The original and the number of copies of the Bid as indicated in the
BDS shall be typed or written in indelible ink and shall be signed by the
bidder or its duly authorized representative/s.

.1.12. All envelopes shall:

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

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

()c be addressed to the Procuring Entitys BAC in accordance with ITB

Clause .1.2.;

()d bear the specific identification of this bidding process indicated in the
ITB Clause .1.3.; and

()e bear a warning DO NOT OPEN BEFORE the date and time for
the opening of bids, in accordance with ITB Clause .1.13..

()f If bids are not sealed and marked as required, the Procuring Entity will
assume no responsibility for the misplacement or premature opening of the
bid.

d. Submission and Opening of Bids

.1.13. Deadline for Submission of Bids

Bids must be received by the Procuring Entitys BAC at the address and on or before
the date and time indicated in the BDS.

.1.14. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause .1.13., shall be declared Late and shall
not be accepted by the Procuring Entity.

.1.15. Modification and Withdrawal of Bids

.1.16. The Bidder may modify its bid after it has been submitted; provided
that the modification is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Bidder shall not be allowed
to retrieve its original bid, but shall be allowed to submit another bid equally
sealed, properly identified, linked to its original bid marked as TECHNICAL
MODIFICATION or FINANCIAL MODIFICATION and stamped
received by the BAC. Bid modifications received after the applicable
deadline shall not be considered and shall be returned to the Bidder unopened.

.1.17. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it
has been submitted, for valid and justifiable reason; provided that the Letter of
Withdrawal is received by the Procuring Entity prior to the deadline prescribed
for submission and receipt of bids.

26
.1.18. Bids requested to be withdrawn in accordance with ITB Clause .1.16.
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.

.1.19. No bid may be modified after the deadline for submission of bids. No
bid may be withdrawn in the interval between the deadline for submission of
bids and the expiration of the period of bid validity specified by the Bidder on
the Financial Bid Form. Withdrawal of a bid during this interval shall result in
the forfeiture of the Bidders bid security, pursuant to ITB Clause , and the
imposition of administrative, civil and criminal sanctions as prescribed by RA
9184 and its IRR.

.1.20. Opening and Preliminary Examination of Bids

.1.21. The BAC shall open the first bid envelopes of Bidders in public as
specified in the BDS to determine each Bidders compliance with the
documents prescribed in ITB Clause .1.6.. 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.

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

compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible bidder
whose first bid envelope was rated passed. The second envelope of each
complying bidder shall be opened within the same day. In case one or more of
the requirements in the second envelope of a particular bid is missing,
incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the ABC unless otherwise provided in ITB Clause .1.3.()d, 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.

.1.23. Letters of withdrawal shall be read out and recorded during bid
opening, and the envelope containing the corresponding withdrawn bid shall
be returned to the Bidder unopened. If the withdrawing Bidders
representative is in attendance, the original bid and all copies thereof shall be
returned to the representative during the bid opening. If the representative is
not in attendance, the bid shall be returned unopened by registered mail. The
Bidder may withdraw its bid prior to the deadline for the submission and
receipt of bids, provided that the corresponding Letter of Withdrawal contains
a valid authorization requesting for such withdrawal, subject to appropriate
administrative sanctions.

27
 .1.24. If a Bidder has previously secured a certification from the Procuring
Entity to the effect that it has previously submitted the above-enumerated
Class A Documents, the said certification may be submitted in lieu of the
requirements enumerated in ITB Clause .1.1.()a, items (i) to (v).

.1.25. In the case of an eligible foreign Bidder as described in ITB Clause .

1.9., the Class A Documents described in ITB Clause .1.1.()a may be
substituted with the appropriate equivalent documents, if any, issued by the
country of the foreign Bidder concerned.

.1.26. Each partner of a joint venture agreement shall likewise submit the
requirements in ITB Clauses .1.1.()a()i and .1.1.()a()ii. Submission of
documents required under ITB Clauses .1.1.()a()iii to .1.1.()a()v by any of the
joint venture partners constitutes compliance.

.1.27. A Bidder determined as failed has three (3) calendar days upon
written notice or, if present at the time of bid opening, upon verbal
notification, within which to file a request or motion for reconsideration with
the BAC: Provided, however, that the motion for reconsideration shall not be
granted if it is established that the finding of failure is due to the fault of the
Bidder concerned: Provided, further, that the BAC shall decide on the request
for reconsideration within seven (7) calendar days from receipt thereof. If a
failed Bidder signifies his intent to file a motion for reconsideration, the BAC
shall keep the bid envelopes of the said failed Bidder unopened and/or duly
sealed until such time that the motion for reconsideration or protest has been
resolved.

.1.28. The Procuring Entity shall prepare the minutes of the proceedings of the
bid opening that shall include, as a minimum: (a) names of Bidders, their bid
price, bid security, findings of preliminary examination; and (b) attendance
sheet. The BAC members shall sign the abstract of bids as read.

e. Evaluation and Comparison of Bids

.1.29. Process to be Confidential

.1.30. Members of the BAC, including its staff and personnel, as well as its
Secretariat and TWG, are prohibited from making or accepting any kind of
communication with any bidder regarding the evaluation of their bids until the
issuance of the Notice of Award, unless otherwise allowed in the case of ITB
Clause 26.

.1.31. Any effort by a bidder to influence the Procuring Entity in the Procuring
Entitys decision in respect of bid evaluation, bid comparison or contract
award will result in the rejection of the Bidders bid.

.1.32. Clarification of Bids

To assist in the evaluation, comparison, and post-qualification of the bids, the
Procuring Entity may ask in writing any Bidder for a clarification of its bid. All

28
responses to requests for clarification shall be in writing. Any clarification submitted
by a Bidder in respect to its bid and that is not in response to a request by the
Procuring Entity shall not be considered.

.1.33. Domestic Preference

.1.34. Unless otherwise stated in the BDS, the Procuring Entity will grant a
margin of preference for the purpose of comparison of bids in accordance with
the following:

()a The preference shall be applied when (i) the lowest Foreign Bid is
lower than the lowest bid offered by a Domestic Bidder, or (ii) the lowest bid
offered by a non-Philippine national is lower than the lowest bid offered by a
Domestic Entity.

()b For evaluation purposes, the lowest Foreign Bid or the bid offered by a
non-Philippine national shall be increased by fifteen percent (15%).

()c In the event that (i) the lowest bid offered by a Domestic Entity does
not exceed the lowest Foreign Bid as increased, or (ii) the lowest bid offered
by a non-Philippine national as increased, then the Procuring Entity shall
award the contract to the Domestic Bidder/Entity at the amount of the lowest
Foreign Bid or the bid offered by a non-Philippine national, as the case may
be.

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

the amount of the Foreign Bid or bid offered by a non-Philippine national
within two (2) calendar days from receipt of written advice from the BAC, the
Procuring Entity shall award to the bidder offering the Foreign Bid or the non-
Philippine national, as the case may be, subject to post-qualification and
submission of all the documentary requirements under these Bidding
Documents.

()e A Bidder may be granted preference as a Domestic Entity subject to

the certification from the DTI (in case of sole proprietorships), SEC (in case of
partnerships and corporations), or CDA (in case of cooperatives) that the (a)
sole proprietor is a citizen of the Philippines or the partnership, corporation,
cooperative, or association is duly organized under the laws of the Philippines
with at least seventy five percent (75%) of its interest or outstanding capital
stock belonging to citizens of the Philippines, (b) habitually established in
business and habitually engaged in the manufacture or sale of the merchandise
covered by his bid, and (c) the business has been in existence for at least five
(5) consecutive years prior to the advertisement and/or posting of the
Invitation to Bid for this Project.

()f A Bidder may be granted preference as a Domestic Bidder subject to

the certification from the DTI that the Bidder is offering unmanufactured
articles, materials or supplies of the growth or production of the Philippines, or
manufactured articles, materials, or supplies manufactured or to be
manufactured in the Philippines substantially from articles, materials, or

29
supplies of the growth, production, or manufacture, as the case may be, of the
Philippines.

.1.35. Detailed Evaluation and Comparison of Bids

.1.36. The Procuring Entity will undertake the detailed evaluation and
comparison of bids which have passed the opening and preliminary
examination of bids, pursuant to ITB Clause .1.20., in order to determine the
Lowest Calculated Bid.

.1.37. The Lowest Calculated Bid shall be determined in two steps:

()a The detailed evaluation of the financial component of the bids, to

establish the correct calculated prices of the bids; and

()b The ranking of the total bid prices as so calculated from the lowest to
the highest. The bid with the lowest price shall be identified as the Lowest
Calculated Bid.

()c The Procuring Entity's BAC shall immediately conduct a detailed

evaluation of all bids rated passed, using non-discretionary pass/fail criteria.
Unless otherwise specified in the BDS, the BAC shall consider the following
in the evaluation of bids:

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

()e Arithmetical corrections. Consider computational errors and omissions

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

()f Based on the detailed evaluation of bids, those that comply with the
above-mentioned requirements shall be ranked in the ascending order of their
total calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, to identify the Lowest Calculated Bid. Total
calculated bid prices, as evaluated and corrected for computational errors,
discounts and other modifications, which exceed the ABC shall not be
considered, unless otherwise indicated in the BDS.

()g The Procuring Entitys evaluation of bids shall only be based on the
bid price quoted in the Financial Bid Form.

()h Bids shall be evaluated on an equal footing to ensure fair competition.

For this purpose, all bidders shall be required to include in their bids the cost
of all taxes, such as, but not limited to, value added tax (VAT), income tax,

30
local taxes, and other fiscal levies and duties which shall be itemized in the bid
form and reflected in the detailed estimates. Such bids, including said taxes,
shall be the basis for bid evaluation and comparison.

.1.38. Post-Qualification
.1.39. The Procuring Entity shall determine to its satisfaction whether the
Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB)
complies with and is responsive to all the requirements and conditions
specified in ITB Clauses .1.9., .1.6., and .1.2..

.1.40. Within a non-extendible period of three (3) calendar days from receipt
by the bidder of the notice from the BAC that it submitted the LCB, the Bidder
shall submit the following documentary requirements:

()a Tax clearance per Executive Order 398, Series of 2005;

()b Latest income and business tax returns in the form specified in the
BDS;

()c Certificate of PhilGEPS Registration; and

()d Other appropriate licenses and permits required by law and stated in
the BDS.

Failure of the Bidder declared as Lowest Calculated Bid to duly submit the
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.

The determination shall be based upon an examination of the documentary

evidence of the Bidders qualifications submitted pursuant to ITB Clauses .
1.6. and .1.2., as well as other information as the Procuring Entity deems
necessary and appropriate, using a non-discretionary pass/fail criterion.

If the BAC determines that the Bidder with the Lowest Calculated Bid passes
all the criteria for post-qualification, it shall declare the said bid as the Lowest
Calculated Responsive Bid, and recommend to the Head of the Procuring
Entity the award of contract to the said Bidder at its submitted price or its
calculated bid price, whichever is lower.

A negative determination shall result in rejection of the Bidders Bid, in which

event the Procuring Entity shall proceed to the next Lowest Calculated Bid to
make a similar determination of that Bidders capabilities to perform
satisfactorily. If the second Bidder, however, fails the post qualification, the
procedure for post qualification shall be repeated for the Bidder with the next
Lowest Calculated Bid, and so on until the Lowest Calculated Responsive Bid
is determined for contract award.

Within a period not exceeding seven (7) calendar days from the date of receipt
of the recommendation of the BAC, the Head of the Procuring Entity shall

31
approve or disapprove the said recommendation. In the case of GOCCs and
GFIs, the period provided herein shall be fifteen (15) calendar days.

.1.1. Reservation Clause

.1.2. Notwithstanding the eligibility or post-qualification of a Bidder, the
Procuring Entity concerned reserves the right to review its qualifications at
any stage of the procurement process if it has reasonable grounds to believe
that a misrepresentation has been made by the said Bidder, or that there has
been a change in the Bidders capability to undertake the project from the time
it submitted its eligibility requirements. Should such review uncover any
misrepresentation made in the eligibility and bidding requirements, statements
or documents, or any changes in the situation of the Bidder which will affect
its capability to undertake the project so that it fails the preset eligibility or bid
evaluation criteria, the Procuring Entity shall consider the said Bidder as
ineligible and shall disqualify it from submitting a bid or from obtaining an
award or contract.

.1.3. Based on the following grounds, the Procuring Entity reserves the right
to reject any and all bids, declare a failure of bidding at any time prior to the
contract award, or not to award the contract, without thereby incurring any
liability, and make no assurance that a contract shall be entered into as a result
of the bidding:

()a If there is prima facie evidence of collusion between appropriate public

officers or employees of the Procuring Entity, or between the BAC and any of
the Bidders, or if the collusion is between or among the bidders themselves, or
between a Bidder and a third party, including any act which restricts,
suppresses or nullifies or tends to restrict, suppress or nullify competition;

()b If the Procuring Entitys BAC is found to have failed in following the
prescribed bidding procedures; or

()c For any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the GOP as follows:

()i If the physical and economic conditions have significantly

changed so as to render the project no longer economically, financially or
technically feasible as determined by the head of the procuring entity;

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

of the procuring entity; and

()iii If the source of funds for the project has been withheld or
reduced through no fault of the Procuring Entity.

()iv In addition, the Procuring Entity may likewise declare a failure

of bidding when:

()d No bids are received;

32
()e All prospective Bidders are declared ineligible;

()f All bids fail to comply with all the bid requirements or fail post-
qualification; or

()g The Bidder with the Lowest Calculated Responsive Bid (LCRB)
refuses, without justifiable cause to accept the award of contract, and no award
is made.

f. Award of Contract

.1.4. Contract Award

.1.5. Subject to ITB Clause .1.38., the Procuring Entity shall award the
contract to the Bidder whose bid has been determined to be the LCRB.

.1.6. Prior to the expiration of the period of bid validity, the Procuring Entity
shall notify the successful Bidder in writing that its bid has been accepted,
through a Notice of Award received personally or sent by registered mail or
electronically, receipt of which must be confirmed in writing within two (2)
days by the Bidder with the LCRB and submitted personally or sent by
registered mail or electronically to the Procuring Entity.

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

shall be subject to the following conditions:

()a Submission of the valid JVA, if applicable, within ten (10) calendar
days from receipt by the Bidder of the notice from the BAC that the Bidder
has the LCRB;

()b Posting of the performance security in accordance with ITB Clause .

1.13.;

()c Signing of the contract as provided in ITB Clause .1.8.; and

()d Approval by higher authority, if required.

()e At the time of contract award, the Procuring Entity shall not increase
or decrease the quantity of goods originally specified in Section VI. Schedule
of Requirements.

.1.8. Signing of the Contract

.1.9. At the same time as the Procuring Entity notifies the successful Bidder
that its bid has been accepted, the Procuring Entity shall send the Contract
Form to the Bidder, which contract has been provided in the Bidding
Documents, incorporating therein all agreements between the parties.

.1.10. Within ten (10) calendar days from receipt of the Notice of Award, the
successful Bidder shall post the required performance security and sign and
date the contract and return it to the Procuring Entity.

33
.1.11. The Procuring Entity shall enter into contract with the successful Bidder
within the same ten (10) calendar day period provided that all the documentary
requirements are complied with.

.1.12. The following documents shall form part of the contract:

()a Contract Agreement;

()b Bidding Documents;

()c Winning bidders bid, including the Technical and Financial Proposals,
and all other documents/statements submitted;

()d Performance Security;

()e Credit line in accordance with ITB Clause , if applicable;

()f Notice of Award of Contract; and

()g Other contract documents that may be required by existing laws and/or
specified in the BDS.

.1.13. Performance Security

.1.14. To guarantee the faithful performance by the winning Bidder of its
obligations under the contract, it shall post a performance security within a
maximum period of ten (10) calendar days from the receipt of the Notice of
Award from the Procuring Entity and in no case later than the signing of the
contract.

.1.15. The performance security shall be denominated in Philippine Pesos and

posted in favor of the Procuring Entity in an amount equal to the percentage of
the total contract price in accordance with the following schedule:

Amount of Performance Security

Form of Performance Security (Equal to Percentage of the Total
Contract Price)
()a Cash or
cashiers/managers check
issued by a Universal or
Commercial Bank.
()b Bank
draft/guarantee or irrevocable
letter of credit issued by a Five percent (5%)
Universal or Commercial Bank:
Provided, however, that it shall
be confirmed or authenticated
by a Universal or Commercial
Bank, if issued by a foreign
bank.
()c Surety bond Thirty percent (30%)

34
 callable upon demand issued by
a surety or insurance company
duly certified by the Insurance
Commission as authorized to
issue such security; and/or
()d Any Proportionate to share of form with
combination of the foregoing. respect to total amount of security

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

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

.1.1. Notice to Proceed

.1.2. 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.

.1.3. The contract effectivity date shall be provided in the Notice to Proceed
by the Procuring Entity, which date shall not be later than seven (7) calendar
days from the issuance of the Notice to Proceed.

35
 Section III. Bid Data Sheet

Notes on the Bid Data Sheet

Section III is intended to assist the Procuring Entity in providing the specific information in
relation to corresponding clauses in the ITB included in Section II, 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 Section III, the following aspects should be checked:

(a) Information that specifies and complements provisions of Section II must be

incorporated.

(b) Amendments and/or supplements, if any, to provisions of Section II as necessitated

by the circumstances of the specific procurement, must also be incorporated.

36
 Bid Data Sheet
ITB Clause

.1.2. The Procuring Entity is Local Government Unit of Tunga, Leyte

.1.3. The lot(s) and reference is/are: Continuation of the Construction of 2-

Storey Dry Market Building, Tunga Public Market Phase 2

[insert name]

2 The Funding Source is:

The Government of the Philippines (GOP) through the 20% Development

Fund AIP 2015 in the amount of One Million Two Hundred Thousand
Pesos (1,200.000.00) Only.

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: Continuation of the Construction of 2-Storey

Dry Market Building, Tunga Public Market Phase 2.

.1.6. No further instructions.

.1.10. No further instructions.

.1.10.()f 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 .1.10.()h,
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.]

.1.10.()l 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 .1.1.()a()iii, a single contract that is

37
 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 .1.1.()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:

)a 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; and

)b The 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].

.1.1. No further instructions.

.1.3. State either Subcontracting is not allowed. or specify the portions of Goods
and the maximum percentage allowed to be subcontracted.

.1.4. If subcontracting is allowed, specify the eligibility criteria that subcontractors

must comply with, including the corresponding documentary requirements
therefor; otherwise, state Not applicable.

.1.7. The Procuring Entity will hold a pre-bid conference for this Project on
November 14, 2016 at 9:00am, Municipal Civil Registrar Office.

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.

.1.2. The Procuring Entitys address is:

38
 Local Government Unit of Tunga, Leyte

LUZVIMINDA I. BULLECER
BAC Chairman

.1.1.(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.

.1.1.()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.

.1.3. List any additional requirements or state No additional requirements.

.1.3.()b No further instructions.

.1.3.()d The ABC is One Million Two Hundred Thousand Pesos (Php1,200,000.00.)
Only 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.

.1.9.()a()iii List here the incidental services that are required as part of the Bidders bid
cross referencing to the technical specifications and SCC as appropriate.

If none, state No incidental services are required.

.1.9.()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 Bidders bid
cross referencing to the technical specifications and SCC as appropriate.

If none, state No incidental services are required.

.1.11.()b Select one, delete the other:

The Bid prices for Goods supplied from outside of the Philippines shall be

39
 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].

.1.13. Bids will be valid until November 28,2016 @ 8:00 am.

.1.16. The bid security shall be in the following amount:

1. The amount of 24,000.00 [Insert 2% of ABC], if bid security is in cash,

cashiers/managers check, bank draft/guarantee or irrevocable letter of
credit;

2. The amount of 60,000.00 [Insert 5% of ABC] if bid security is in Surety

Bond; or

3. Any combination of the foregoing proportionate to the share of form

with respect to total amount of security.

The bid security shall be valid until the Issuance of Certificate of

Acceptance

.1.11. Each Bidder shall submit 1 set original and 2 photocopy of the first and
second components of its bid.

.1.13. The address for submission of bids is BAC Secretariat.

The deadline for submission of bids is 28 November 2016 @ 8:00am

.1.21. The place of bid opening at Municipal Civil Registrar Office

The date and time of bid opening is on November 28, 2016 @ 8:30am.

24.2 No further instructions.

.1.34. No further instructions.

.1.37.()c 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:

40
 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]

.1.37.()e State whether bid modification is allowed or not.

.1.37.()f No further instructions.

29.2(a) No further instructions.

.1.40.()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.

.1.40.()d List licenses and permits relevant to the Project and the corresponding law
requiring it.

.1.12.()g List additional contract documents relevant to the Project that may be
required by existing laws and/or the Procuring Entity.

41
 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.

42
 TABLE OF CONTENTS

1. DEFINITIONS 46
2. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE
PRACTICES 47
3. INSPECTION AND AUDIT BY THE FUNDING SOURCE 48
4. GOVERNING LAW AND LANGUAGE 48
5. NOTICES 48
6. SCOPE OF CONTRACT 49
7. SUBCONTRACTING 49
8. PROCURING ENTITYS RESPONSIBILITIES 49
9. PRICES 49
10. PAYMENT 50
11. ADVANCE PAYMENT AND TERMS OF PAYMENT 50
12. TAXES AND DUTIES 51
13. PERFORMANCE SECURITY 51
14. USE OF CONTRACT DOCUMENTS AND INFORMATION
51
15. STANDARDS52
16. INSPECTION AND TESTS 52
17. WARRANTY 53
18. DELAYS IN THE SUPPLIERS PERFORMANCE 53
19. LIQUIDATED DAMAGES 54
20. SETTLEMENT OF DISPUTES 54
21. LIABILITY OF THE SUPPLIER 55
22. FORCE MAJEURE 55
23. TERMINATION FOR DEFAULT 55
24. TERMINATION FOR INSOLVENCY 56
25. TERMINATION FOR CONVENIENCE 56
26. TERMINATION FOR UNLAWFUL ACTS 57
27. PROCEDURES FOR TERMINATION OF CONTRACTS 57

43
28. ASSIGNMENT OF RIGHTS 58
29. CONTRACT AMENDMENT 58
30. APPLICATION 58

44
.2 Definitions
.3 In this Contract, the following terms shall be interpreted as indicated:

()a The Contract means the agreement entered into between the
Procuring Entity and the Supplier, as recorded in the Contract Form signed by
the parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.

()b The Contract Price means the price payable to the Supplier under the
Contract for the full and proper performance of its contractual obligations.

()c The Goods means all of the supplies, equipment, machinery, spare
parts, other materials and/or general support services which the Supplier is
required to provide to the Procuring Entity under the Contract.

()d The Services means those services ancillary to the supply of the
Goods, such as transportation and insurance, and any other incidental services,
such as installation, commissioning, provision of technical assistance, training,
and other such obligations of the Supplier covered under the Contract.

()e GCC means the General Conditions of Contract contained in this

Section.

()f SCC means the Special Conditions of Contract.

()g The Procuring Entity means the organization purchasing the Goods,
as named in the SCC.

()h The Procuring Entitys country is the Philippines.

()i The Supplier means the individual contractor, manufacturer

distributor, or firm supplying/manufacturing the Goods and Services under
this Contract and named in the SCC.

()j The Funding Source means the organization named in the SCC.

()k The Project Site, where applicable, means the place or places named
in the SCC.

()l Day means calendar day.

()m The Effective Date of the contract will be the date of receipt by the
Supplier of the Notice to Proceed or the date provided in the Notice to
Proceed. Performance of all obligations shall be reckoned from the Effective
Date of the Contract.

()n Verified Report refers to the report submitted by the Implementing

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

45
.3.2. Corrupt, Fraudulent, Collusive, and Coercive Practices
.3.3. Unless otherwise provided in the SCC, the Procuring Entity as well as
the bidders, contractors, or suppliers shall observe the highest standard of
ethics during the procurement and execution of this Contract. In pursuance of
this policy, the Procuring Entity:

()a defines, for the purposes of this provision, the terms set forth below as
follows:

()i "corrupt practice" means behavior on the part of officials in the

public or private sectors by which they improperly and unlawfully enrich
themselves, others, or induce others to do so, by misusing the position in
which they are placed, and it includes the offering, giving, receiving, or
soliciting of anything of value to influence the action of any such official in
the procurement process or in contract execution; entering, on behalf of the
Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will
profit thereby, and similar acts as provided in Republic Act 3019.

()ii "fraudulent practice" means a misrepresentation of facts in

order to influence a procurement process or the execution of a contract to the
detriment of the Procuring Entity, and includes collusive practices among
Bidders (prior to or after bid submission) designed to establish bid prices at
artificial, non-competitive levels and to deprive the Procuring Entity of the
benefits of free and open competition.

()iii collusive practices means a scheme or arrangement between

two or more Bidders, with or without the knowledge of the Procuring Entity,
designed to establish bid prices at artificial, non-competitive levels.

()iv coercive practices means harming or threatening to harm,

directly or indirectly, persons, or their property to influence their participation
in a procurement process, or affect the execution of a contract;

()v obstructive practice is

(aa) deliberately destroying, falsifying, altering or

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

46
 (bb) acts intended to materially impede the exercise of the
inspection and audit rights of the Procuring Entity or
any foreign government/foreign or international
financing institution herein.

()b will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in any of the practices mentioned in this
Clause for purposes of competing for the contract.

()c Further the Funding Source, Borrower or Procuring Entity, as

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

.3.4. Inspection and Audit by the Funding Source

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

.3.5. Governing Law and Language

.3.6. This Contract shall be interpreted in accordance with the laws of the
Republic of the Philippines.

.3.7. This Contract has been executed in the English language, which shall be
the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract. All correspondence and other documents
pertaining to this Contract exchanged by the parties shall be written in
English.

.3.8. Notices
.3.9. Any notice, request, or consent required or permitted to be given or
made pursuant to this Contract shall be in writing. Any such notice, request,
or consent shall be deemed to have been given or made when received by the
concerned party, either in person or through an authorized representative of the
Party to whom the communication is addressed, or when sent by registered
mail, telex, telegram, or facsimile to such Party at the address specified in the
SCC, which shall be effective when delivered and duly received or on the
notices effective date, whichever is later.

.3.10. A Party may change its address for notice hereunder by giving the other
Party notice of such change pursuant to the provisions listed in the SCC for
GCC Clause .3.9..

.3.11. Scope of Contract

47
.3.12. The GOODS and Related Services to be provided shall be as specified
in Section VI. Schedule of Requirements.

.3.13. This Contract shall include all such items, although not specifically
mentioned, that can be reasonably inferred as being required for its completion
as if such items were expressly mentioned herein. Any additional
requirements for the completion of this Contract shall be provided in the SCC.

.3.14. Subcontracting
.3.15. Subcontracting of any portion of the Goods, if allowed in the BDS, does
not relieve the Supplier of any liability or obligation under this Contract. The
Supplier will be responsible for the acts, defaults, and negligence of any
subcontractor, its agents, servants or workmen as fully as if these were the
Suppliers own acts, defaults, or negligence, or those of its agents, servants or
workmen.

.3.16. Subcontractors disclosed and identified during the bidding may be

changed during the implementation of this Contract, subject to compliance
with the required qualifications and the approval of the Procuring Entity.

.3.17. Procuring Entitys Responsibilities

.3.18. Whenever the performance of the obligations in this Contract requires
that the Supplier obtain permits, approvals, import, and other licenses from
local public authorities, the Procuring Entity shall, if so needed by the
Supplier, make its best effort to assist the Supplier in complying with such
requirements in a timely and expeditious manner.

.3.19. The Procuring Entity shall pay all costs involved in the performance of
its responsibilities in accordance with GCC Clause .3.11..

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

.3.22. Prices charged by the Supplier for Goods delivered and/or services
performed under this Contract shall not vary from the prices quoted by the
Supplier in its bid, with the exception of any change in price resulting from a
Change Order issued in accordance with GCC Clause .3.82..

.3.23. Payment
.3.24. Payments shall be made only upon a certification by the Head of the
Procuring Entity to the effect that the Goods have been rendered or delivered
in accordance with the terms of this Contract and have been duly inspected
and accepted. Except with the prior approval of the President no payment

48
shall be made for services not yet rendered or for supplies and materials not
yet delivered under this Contract. Ten percent (10%) of the amount of each
payment shall be retained by the Procuring Entity to cover the Suppliers
warranty obligations under this Contract as described in GCC Clause .3.47..

.3.25. The Suppliers request(s) for payment shall be made to the Procuring
Entity in writing, accompanied by an invoice describing, as appropriate, the
Goods delivered and/or Services performed, and by documents submitted
pursuant to the SCC provision for GCC Clause .3.13., and upon fulfillment of
other obligations stipulated in this Contract.

.3.26. Pursuant to GCC Clause .3.25., 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.

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

.3.28. Advance Payment and Terms of Payment

.3.29. Advance payment shall be made only after prior approval of the
President, and shall not exceed fifteen percent (15%) of the Contract amount,
unless otherwise directed by the President or in cases allowed under Annex
D of RA 9184.

.3.30. For Goods supplied from abroad, the terms of payment shall be as
follows:

()a On Contract Signature: Ten percent (10%) of the Contract Price shall
be paid within sixty (60) days from signing of the Contract and upon
submission of a claim and a bank guarantee for the equivalent amount valid
until the Goods are delivered and in the form provided in Section VIII.
Bidding Forms.

()b On Delivery: Seventy percent (70%) of the Contract Price shall be paid
to the Supplier within sixty (60) days after the date of receipt of the Goods and
upon submission of the documents (i) through (vi) specified in the SCC
provision on Delivery and Documents.

()c On Acceptance: The remaining twenty percent (20%) of the Contract

Price shall be paid to the Supplier within sixty (60) days after the date of
submission of the acceptance and inspection certificate for the respective
delivery issued by the Procuring Entitys authorized representative. In the
event that no inspection or acceptance certificate is issued by the Procuring
Entitys authorized representative within forty five (45) days of the date shown
on the delivery receipt the Supplier shall have the right to claim payment of
the remaining twenty percent (20%) subject to the Procuring Entitys own
verification of the reason(s) for the failure to issue documents (vii) and (viii)
as described in the SCC provision on Delivery and Documents.

49
 ()d All progress payments shall first be charged against the advance
payment until the latter has been fully exhausted.

.3.31. Taxes and Duties

The Supplier, whether local or foreign, shall be entirely responsible for all the
necessary taxes, stamp duties, license fees, and other such levies imposed for the
completion of this Contract.

.3.32. Performance Security

.3.33. Within ten (10) calendar days from receipt of the Notice of Award from
the Procuring Entity but in no case later than the signing of the contract by
both parties, the successful Bidder shall furnish the performance security in
any the forms prescribed in the ITB Clause .1.15..

.3.34. The performance security posted in favor of the Procuring Entity shall
be forfeited in the event it is established that the winning bidder is in default in
any of its obligations under the contract.

.3.35. The performance security shall remain valid until issuance by the
Procuring Entity of the Certificate of Final Acceptance.

.3.36. The performance security may be released by the Procuring Entity and
returned to the Supplier after the issuance of the Certificate of Final
Acceptance subject to the following conditions:

()a There are no pending claims against the Supplier or the surety
company filed by the Procuring Entity;

()b The Supplier has no pending claims for labor and materials filed
against it; and

()c Other terms specified in the SCC.

()d In case of a reduction of the contract value, the Procuring Entity shall
allow a proportional reduction in the original performance security, provided
that any such reduction is more than ten percent (10%) and that the aggregate
of such reductions is not more than fifty percent (50%) of the original
performance security.

.3.37. Use of Contract Documents and Information

.3.38. The Supplier shall not, except for purposes of performing the
obligations in this Contract, without the Procuring Entitys prior written
consent, disclose this Contract, or any provision thereof, or any specification,
plan, drawing, pattern, sample, or information furnished by or on behalf of the
Procuring Entity. Any such disclosure shall be made in confidence and shall
extend only as far as may be necessary for purposes of such performance.

50
 .3.39. Any document, other than this Contract itself, enumerated in GCC
Clause .3.38. shall remain the property of the Procuring Entity and shall be
returned (all copies) to the Procuring Entity on completion of the Suppliers
performance under this Contract if so required by the Procuring Entity.

.3.40. Standards
The Goods provided under this Contract shall conform to the standards mentioned in
the Section VII. Technical Specifications; and, when no applicable standard is
mentioned, to the authoritative standards appropriate to the Goods country of origin.
Such standards shall be the latest issued by the institution concerned.

.3.41. Inspection and Tests

.3.42. The Procuring Entity or its representative shall have the right to inspect
and/or to test the Goods to confirm their conformity to the Contract
specifications at no extra cost to the Procuring Entity. The SCC and Section
VII. Technical Specifications shall specify what inspections and/or tests the
Procuring Entity requires and where they are to be conducted. The Procuring
Entity shall notify the Supplier in writing, in a timely manner, of the identity
of any representatives retained for these purposes.

.3.43. If applicable, the inspections and tests may be conducted on the

premises of the Supplier or its subcontractor(s), at point of delivery, and/or at
the goods final destination. If conducted on the premises of the Supplier or
its subcontractor(s), all reasonable facilities and assistance, including access to
drawings and production data, shall be furnished to the inspectors at no charge
to the Procuring Entity. The Supplier shall provide the Procuring Entity with
results of such inspections and tests.

.3.44. The Procuring Entity or its designated representative shall be entitled to

attend the tests and/or inspections referred to in this Clause provided that the
Procuring Entity shall bear all of its own costs and expenses incurred in
connection with such attendance including, but not limited to, all traveling and
board and lodging expenses.

.3.45. The Procuring Entity may reject any Goods or any part thereof that fail
to pass any test and/or inspection or do not conform to the specifications. The
Supplier shall either rectify or replace such rejected Goods or parts thereof or
make alterations necessary to meet the specifications at no cost to the
Procuring Entity, and shall repeat the test and/or inspection, at no cost to the
Procuring Entity, upon giving a notice pursuant to GCC Clause .3.8..

.3.46. The Supplier agrees that neither the execution of a test and/or inspection
of the Goods or any part thereof, nor the attendance by the Procuring Entity or
its representative, shall release the Supplier from any warranties or other
obligations under this Contract.

.3.47. Warranty

51
.3.48. The Supplier warrants that the Goods supplied under the Contract are
new, unused, of the most recent or current models, and that they incorporate
all recent improvements in design and materials, except when the technical
specifications required by the Procuring Entity provides otherwise.

.3.49. The Supplier further warrants that all Goods supplied under this
Contract shall have no defect, arising from design, materials, or workmanship
or from any act or omission of the Supplier that may develop under normal use
of the supplied Goods in the conditions prevailing in the country of final
destination.

.3.50. In order to assure that manufacturing defects shall be corrected by the

Supplier, a warranty shall be required from the Supplier for a minimum period
specified in the SCC. The obligation for the warranty shall be covered by, at
the Suppliers 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.

.3.51. The Procuring Entity shall promptly notify the Supplier in writing of
any claims arising under this warranty. Upon receipt of such notice, the
Supplier shall, within the period specified in the SCC and with all reasonable
speed, repair or replace the defective Goods or parts thereof, without cost to
the Procuring Entity.

.3.52. If the Supplier, having been notified, fails to remedy the defect(s) within
the period specified in GCC Clause .3.51., the Procuring Entity may proceed
to take such remedial action as may be necessary, at the Suppliers 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.

.3.53. Delays in the Suppliers Performance

.3.54. Delivery of the Goods and/or performance of Services shall be made by
the Supplier in accordance with the time schedule prescribed by the Procuring
Entity in Section VI. Schedule of Requirements.

.3.55. If at any time during the performance of this Contract, the Supplier or
its Subcontractor(s) should encounter conditions impeding timely delivery of
the Goods and/or performance of Services, the Supplier shall promptly notify
the Procuring Entity in writing of the fact of the delay, its likely duration and
its cause(s). As soon as practicable after receipt of the Suppliers notice, and
upon causes provided for under GCC Clause .3.67., the Procuring Entity shall
evaluate the situation and may extend the Suppliers time for performance, in
which case the extension shall be ratified by the parties by amendment of
Contract.

52
 .3.56. Except as provided under GCC Clause .3.67., 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 .3.57., unless an
extension of time is agreed upon pursuant to GCC Clause .3.82. without the
application of liquidated damages.

.3.57. Liquidated Damages

Subject to GCC Clauses .3.53. and .3.67., 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 .3.71.,
without prejudice to other courses of action and remedies open to it.

.3.58. Settlement of Disputes

.3.59. If any dispute or difference of any kind whatsoever shall arise between
the Procuring Entity and the Supplier in connection with or arising out of this
Contract, the parties shall make every effort to resolve amicably such dispute
or difference by mutual consultation.

.3.60. If after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the Procuring Entity or the
Supplier may give notice to the other party of its intention to commence
arbitration, as hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such notice is
given.

.3.61. Any dispute or difference in respect of which a notice of intention to

commence arbitration has been given in accordance with this Clause shall be
settled by arbitration. Arbitration may be commenced prior to or after delivery
of the Goods under this Contract.

.3.62. In the case of a dispute between the Procuring Entity and the Supplier,
the dispute shall be resolved in accordance with Republic Act 9285 (R.A.
9285), otherwise known as the Alternative Dispute Resolution Act of 2004.

.3.63. Notwithstanding any reference to arbitration herein, the parties shall

continue to perform their respective obligations under the Contract unless they
otherwise agree; and the Procuring Entity shall pay the Supplier any monies
due the Supplier.

.3.64. Liability of the Supplier

53
.3.65. The Suppliers liability under this Contract shall be as provided by the
laws of the Republic of the Philippines, subject to additional provisions, if any,
set forth in the SCC.

.3.66. Except in cases of criminal negligence or willful misconduct, and in the

case of infringement of patent rights, if applicable, the aggregate liability of
the Supplier to the Procuring Entity shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost of repairing or
replacing defective equipment.

.3.67. Force Majeure

.3.68. The Supplier shall not be liable for forfeiture of its performance
security, liquidated damages, or termination for default if and to the extent that
the Suppliers delay in performance or other failure to perform its obligations
under the Contract is the result of a force majeure.

.3.69. For purposes of this Contract the terms force majeure and fortuitous
event may be used interchangeably. In this regard, a fortuitous event or force
majeure shall be interpreted to mean an event which the Contractor could not
have foreseen, or which though foreseen, was inevitable. It shall not include
ordinary unfavorable weather conditions; and any other cause the effects of
which could have been avoided with the exercise of reasonable diligence by
the Contractor. Such events may include, but not limited to, acts of the
Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods,
epidemics, quarantine restrictions, and freight embargoes.

.3.70. If a force majeure situation arises, the Supplier shall promptly notify the
Procuring Entity in writing of such condition and the cause thereof. Unless
otherwise directed by the Procuring Entity in writing, the Supplier shall
continue to perform its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the force majeure.

.3.71. Termination for Default

.3.72. The Procuring Entity shall terminate this Contract for default when any
of the following conditions attends its implementation:

()a Outside of force majeure, the Supplier fails to deliver or perform any
or all of the Goods within the period(s) specified in the contract, or within any
extension thereof granted by the Procuring Entity pursuant to a request made
by the Supplier prior to the delay, and such failure amounts to at least ten
percent (10%) of the contact price;

()b As a result of force majeure, the Supplier is unable to deliver or

perform any or all of the Goods, amounting to at least ten percent (10%) of the
contract price, for a period of not less than sixty (60) calendar days after
receipt of the notice from the Procuring Entity stating that the circumstance of
force majeure is deemed to have ceased; or

54
 ()c The Supplier fails to perform any other obligation under the Contract.

()d In the event the Procuring Entity terminates this Contract in whole or
in part, for any of the reasons provided under GCC Clauses .3.71. to .3.77.,
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.

()e In case the delay in the delivery of the Goods and/or performance of
the Services exceeds a time duration equivalent to ten percent (10%) of the
specified contract time plus any time extension duly granted to the Supplier,
the Procuring Entity may terminate this Contract, forfeit the Supplier's
performance security and award the same to a qualified Supplier.

.3.73. Termination for Insolvency

The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt
or insolvent as determined with finality by a court of competent jurisdiction. In this
event, termination will be without compensation to the Supplier, provided that such
termination will not prejudice or affect any right of action or remedy which has
accrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

.3.74. Termination for Convenience

.3.75. The Procuring Entity may terminate this Contract, in whole or in part, at
any time for its convenience. The Head of the Procuring Entity may terminate
a contract for the convenience of the Government if he has determined the
existence of conditions that make Project Implementation economically,
financially or technically impractical and/or unnecessary, such as, but not
limited to, fortuitous event(s) or changes in law and national government
policies.

.3.76. The Goods that have been delivered and/or performed or are ready for
delivery or performance within thirty (30) calendar days after the Suppliers
receipt of Notice to Terminate shall be accepted by the Procuring Entity at the
contract terms and prices. For Goods not yet performed and/or ready for
delivery, the Procuring Entity may elect:

()a to have any portion delivered and/or performed and paid at the contract
terms and prices; and/or

()b to cancel the remainder and pay to the Supplier an agreed amount for
partially completed and/or performed goods and for materials and parts
previously procured by the Supplier.

()c If the Supplier suffers loss in its initial performance of the terminated
contract, such as purchase of raw materials for goods specially manufactured
for the Procuring Entity which cannot be sold in open market, it shall be
allowed to recover partially from this Contract, on a quantum meruit basis.

55
Before recovery may be made, the fact of loss must be established under oath
by the Supplier to the satisfaction of the Procuring Entity before recovery may
be made.

.3.77. Termination for Unlawful Acts

.3.78. The Procuring Entity may terminate this Contract in case it is
determined prima facie that the Supplier has engaged, before or during the
implementation of this Contract, in unlawful deeds and behaviors relative to
contract acquisition and implementation. Unlawful acts include, but are not
limited to, the following:

()a Corrupt, fraudulent, and coercive practices as defined in ITB Clause .

1.6.()a;

()b Drawing up or using forged documents;

()c Using adulterated materials, means or methods, or engaging in

production contrary to rules of science or the trade; and

()d Any other act analogous to the foregoing.

.3.79. Procedures for Termination of Contracts

.3.80. The following provisions shall govern the procedures for termination of
this Contract:

()a Upon receipt of a written report of acts or causes which may constitute
ground(s) for termination as aforementioned, or upon its own initiative, the
Implementing Unit shall, within a period of seven (7) calendar days, verify the
existence of such ground(s) and cause the execution of a Verified Report, with
all relevant evidence attached;

()b Upon recommendation by the Implementing Unit, the Head of the

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

()i that this Contract is being terminated for any of the ground(s)
afore-mentioned, and a statement of the acts that constitute the ground(s)
constituting the same;

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

()iii an instruction to the Supplier to show cause as to why this

Contract should not be terminated; and

()iv special instructions of the Procuring Entity, if any.

()c The Notice to Terminate shall be accompanied by a copy of the

Verified Report;

56
 ()d Within a period of seven (7) calendar days from receipt of the Notice
of Termination, the Supplier shall submit to the Head of the Procuring Entity a
verified position paper stating why this Contract should not be terminated. If
the Supplier fails to show cause after the lapse of the seven (7) day period,
either by inaction or by default, the Head of the Procuring Entity shall issue an
order terminating this Contract;

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

()f Within a non-extendible period of ten (10) calendar days from receipt
of the verified position paper, the Head of the Procuring Entity shall decide
whether or not to terminate this Contract. It shall serve a written notice to the
Supplier of its decision and, unless otherwise provided, this Contract is
deemed terminated from receipt of the Supplier of the notice of decision. The
termination shall only be based on the ground(s) stated in the Notice to
Terminate;

()g The Head of the Procuring Entity may create a Contract Termination
Review Committee (CTRC) to assist him in the discharge of this function. All
decisions recommended by the CTRC shall be subject to the approval of the
Head of the Procuring Entity; and

()h The Supplier must serve a written notice to the Procuring Entity of its
intention to terminate the contract at least thirty (30) calendar days before its
intended termination. The Contract is deemed terminated if it is not resumed
in thirty (30) calendar days after the receipt of such notice by the Procuring
Entity.

.3.81. Assignment of Rights

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

.3.82. 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.

.3.83. Application
These General Conditions shall apply to the extent that they are not superseded by
provisions of other parts of this Contract.

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 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 Entitys 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.

58
 Special Conditions of Contract
GCC Clause
.3.1.()g The Procuring Entity is Local Government Unit of Tunga, Leyte.
.3.1.()i The Supplier is [to be inserted at the time of contract award].
.3.1.()j The Funding Source is

the Government of the Philippines (GOP) through 20% Development

Fund AIP 2015 in the amount of One Million Two Hundred Thousand
Pesos (Php1,200,000.00) Only.

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.

.3.1.()k The Project Site at Continuation of the Construction of 2-Storey dry

Market Building, Tunga Public Market Phase 2. For multiple sites
state The Project sites are defined in Section VI. Schedule of
Requirements]

.3.9. The Procuring Entitys address for Notices is: [Insert address
including, name of contact, fax and telephone number]

The Suppliers address for Notices is: [Insert address including, name
of contact, fax and telephone number]
.3.13. 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.

59
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:

(i) Original and four copies of the Suppliers invoice showing

Goods description, quantity, unit price, and total amount;
(ii) Original and four copies delivery receipt/note, railway
receipt, or truck receipt;
(iii) Original Suppliers factory inspection report;
(iv) Original and four copies of the Manufacturers and/or
Suppliers warranty certificate;
(v) Original and four copies of the certificate of origin (for
imported Goods);
(vi) Delivery receipt detailing number and description of items
received signed by the authorized receiving personnel;
(vii) Certificate of Acceptance/Inspection Report signed by the
Procuring Entitys representative at the Project Site; and
(viii) Four copies of the Invoice Receipt for Property signed by
the Procuring Entitys 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:

(i) Original and four copies of the Suppliers invoice showing

Goods description, quantity, unit price, and total amount;
(ii) Original and four copies of the negotiable, clean shipped on
board bill of lading marked freight pre-paid and five copies

60
 of the non-negotiable bill of lading ;
(iii) Original Suppliers factory inspection report;
(iv) Original and four copies of the Manufacturers and/or
Suppliers warranty certificate;
(v) Original and four copies of the certificate of origin (for
imported Goods);
(vi) Delivery receipt detailing number and description of items
received signed by the Procuring Entitys representative at the
Project Site;
(vii) Certificate of Acceptance/Inspection Report signed by the
Procuring Entitys representative at the Project Site; and
(viii) Four copies of the Invoice Receipt for Property signed by the
Procuring Entitys representative at the Project Site.

For purposes of this Clause the Procuring Entitys 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.

(a) performance or supervision of on-site assembly and/or start-up

of the supplied Goods;
(b) furnishing of tools required for assembly and/or maintenance
of the supplied Goods;
(c) furnishing of a detailed operations and maintenance manual
for each appropriate unit of the supplied Goods;
(d) performance or supervision or maintenance and/or repair of
the supplied Goods, for a period of time agreed by the parties,
provided that this service shall not relieve the Supplier of any
warranty obligations under this Contract; and
(e) training of the Procuring Entitys personnel, at the Suppliers
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:

61
Select appropriate requirements and delete the rest.

(a) such spare parts as the Procuring Entity may elect to purchase
from the Supplier, provided that this election shall not relieve
the Supplier of any warranty obligations under this Contract;
and
(b) in the event of termination of production of the spare parts:

i. advance notification to the Procuring Entity of the

pending termination, in sufficient time to permit the
Procuring Entity to procure needed requirements; and
ii. following such termination, furnishing at no cost to the
Procuring Entity, the blueprints, drawings, and
specifications of the spare parts, if requested.

The spare parts 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

62
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 .3.67..

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 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].
.3.36.()c Specify additional conditions, if any, that must be met prior to the
release of the performance security, otherwise, state No further
instructions.
.3.42. The inspections and tests that will be conducted are: [Insert the
applicable inspections and tests, if none, state None].
.3.50. 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.
.3.51. The period for correction of defects in the warranty period is [insert
number of days].
.3.65. 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.

64
 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 Description Quantity Total Delivered,

Number Weeks/Months
1 lot CONTINUATION OF THE 7 DAYS FROM THE
CONSTRUCTION OF 2- NOTICE TO
STOREY DRY MARKET PROCEED
BUILDING, TUNGA
PUBLIC MARKET PHASE
2

66
 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.

67
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.

68
 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 manufacturers 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 .1.6.()a()ii
and/or GCC Clause .3.3.()a()ii.

69
 Section VIII. Bidding Forms

Notes on the Bidding Forms

The Bidder shall complete and submit with its Bid the Bid Form and Price Schedules
in accordance with ITB Clause .1.5. with the requirements of the Bidding Documents
and the format set out in this Section.

When requested in the BDS, the Bidder should provide the Bid Security, either in the
form included hereafter or in another form acceptable to the Entity, pursuant to ITB
Clause .1.16..

The Contract Agreement Form, when it is finalized at the time of contract award,
should incorporate any corrections or modifications to the accepted Bid resulting from
price corrections. The Price Schedule and Schedule of Requirements deemed to form
part of the contract should be modified accordingly.

The Performance Security Form and Bank Guarantee Form for Advance Payment
should not be completed by the Bidders at the time of their Bid preparation. Only the
successful Bidder will be required to provide performance security and bank guarantee
for advance payment in accordance with one of the forms indicated herein or in another
form acceptable to the Procuring Entity and pursuant to GCC Clause .3.32. and its
corresponding SCC provision.

The sworn affidavit must be completed by all Bidders in accordance with ITB Clause .
1.8.()g failure to do so and submit it with the bid shall result in the rejection of the bid
and the Bidders disqualification.

70
 TABLE OF CONTENTS

BID FORM 74
CONTRACT AGREEMENT FORM 78
OMNIBUS SWORN STATEMENT 79
BANK GUARANTEE FORM FOR ADVANCE PAYMENT 81

71
 Bid Form

Date:
Invitation to Bid3 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 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:4

Name and address Amount and Purpose of

of agent Currency Commission or gratuity

(if none, state None)

Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and 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 .
1.9. of the Bidding Documents.

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

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

72
Dated this ________________ day of ________________ 20______.

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

73
 For Goods Offered From Abroad

Name of Bidder . Invitation to Bid5 Number __. Page of

.

1 2 3 4 5 6 7 8 9
Item Description Country Quantity Unit price CIF port of Total CIF or Unit Price Unit price Total Price
of origin entry (specify port) or CIPprice per Delivered Duty Delivered Duty delivered DDP
CIP named place item Unpaid (DDU) Paid (DDP) (col 4 x 8)
(specify border point or (col. 4 x 5)
place of destination)

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

74
 For Goods Offered From Within the Philippines

Name of Bidder . Invitation to Bid6 Number . Page of .

1 2 3 4 5 6 7 8 9 10
Item Description Countr Quantit Unit price Cost of local Total price Unit prices per Sales and other Total Price
y of y EXW per labor, raw EXW per item item final taxes payable delivered Final
origin item material, and (cols. 4 x 5) destination and per item if Destination
component2 unit price of Contract is (col 8 + 9) x 4
other incidental awarded
services

1 CONTINUATON LOT
OF THE
CONSTRUCTIO
N OF 2-STOREY
DRY MARKET
BUILDING,
TUNGA PUBLIC
MARKET PHASE
2

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

75
 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 Entitys 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).

76
 Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D AV I T

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address
of Affiant], after having been duly sworn in accordance with law, do hereby depose and state
that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office

address at [address of Bidder];

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

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

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have
full power and authority to do, execute and perform any and all acts necessary to
represent it in the bidding for [Name of the Project] of the [Name of the Procuring
Entity];

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

and authority to do, execute and perform any and all acts necessary and/or to
represent the [Name of Bidder] in the bidding as shown in the attached [state title of
attached document showing proof of authorization (e.g., duly notarized Secretarys
Certificate issued by the corporation or the members of the joint venture)];

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

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

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

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

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

6. Select one, delete the rest:

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

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

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

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

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

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

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

Bidder:

a) Carefully examine all of the Bidding Documents;

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

the Contract;

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

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

Project].

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

_____________________________________
Bidders 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 .3.23. 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]

79
 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.

(a) If the Funding Source is ADB, the Procuring Entity should use the ADB Bid Data
Sheet and the ADB Special Conditions of Contract..

(b) 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.

(c) 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:

(a) The date of availability of the Bidding Documents, which shall be from the time

80
 the Invitation to Bid is first advertised/posted until the deadline for the submission
and receipt of bids.

(b) The place where the Bidding Documents may be purchased or the website
where it may be downloaded.

(c) The deadline for the submission and receipt of bids from the last day of posting
of the Invitation to Bid; and

(d) Any 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 Entitys country,
the sector, and the Goods procured. In preparing this Section, the following aspects should
be checked:

(a) Information that complements provisions of Section IV. General Conditions of

Contract must be incorporated.

(b) 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.

81
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.

82
 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
WORLD BANK BID DATA SHEET 94

83
 Invitation to Bid for Foreign-Assisted Projects

[Letterhead of the Procuring Entity]

INVITATION TO BID FOR [Insert name of Project]
1. 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].

2. The [insert name of Procuring Entity] now invites bids for [insert brief description of
Goods to be procured].7 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.

3. 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.]

4. 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].

5. 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.

7 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.

84
6. 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 be
open to all interested parties.

7. 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.

8. [Insert such other necessary information deemed relevant by the PROCURING

ENTITY]

9. 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.

10. 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 contacts 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]

85
 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 ADBs 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:

(i) corrupt practice means the offering, giving, receiving, or

soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party;

(ii) 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

86
 benefit or to avoid an obligation;

(iii) 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;

(iv)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

ADBs 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 Guidelines as stated

in the Loan Agreement and as described on Asian Development Banks 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 Guidelines as stated

in the Loan Agreement and as described on Asian Development Banks 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 Banks web page

87
 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.

.1.2. Instruction is the same as the GOP Bid Data Sheet

12.1(a) The first envelope shall contain 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.

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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

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 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 ADBs 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:

(v) corrupt practice means the offering, giving, receiving, or

soliciting, directly or indirectly, anything of value to influence
improperly the actions of another party;

(vi)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;

(vii) 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;

(viii) 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;

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(d) will sanction a firm or an individual, at any time, in accordance with
ADBs 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.

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 World 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 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 Banks 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 Banks 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.

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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:

a. Registration Certification of the Company;

b. List of relevant contracts as specified in ITB Clause 5.4;
c. Audited financial statement for the past two years;
d. 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;
e. Bid security as required in the ITB;
f. 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;
g. 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 BACs 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

.1.3.()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:

93
 a) 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.

b) 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.

c) 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.

d) The procuring entity has established a system to monitor and report

bid prices relative to ABC and engineers/procuring entitys
estimate.

e) 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

94
 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

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96