(As Harmonized with Development Partners)

Supply, Delivery and Installation of

Additional Air Conditioning Units
for DepEd Central Office

Government of the Republic of the Philippines

Administrative Service- Asset Management

Division
June 2019

Fifth Edition
October 2016
2019-06-AdmS2(011)-BV-CB-004
 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) and autonomous regional government. The
procedures and practices presented in this document have been developed
through broad experience, and are
1
for mandatory 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 2016 Revised Implementing Rules and
Regulations (IRR) of Republic Act (RA) 9184.

The Bidding Documents shall clearly and adequately define, among

others: (a) the objectives, scope, and expected outputs and/or results of the
proposed contract; (b) the eligibility requirements of bidders, such as track
record to be determined by the Head of the Procuring Entity; (c) the expected
contract duration, the estimated quantity in the case of procurement of
goods, delivery schedule and/or time frame; and (d) the obligations, duties,
and/or functions of the winning bidder.

In order to simplify the preparation of the Bidding Documents for each

procurement, the PBDs groups the provisions that are intended to be used
unchanged in Section II. Instructions to Bidders (ITB) and in Section IV.
General Conditions of Contract (GCC). Data and provisions specific to each
procurement and contract should be included in Section III. Bid Data Sheet
(BDS); Section V. Special Conditions of Contract (SCC); Section VI. Schedule
of Requirements; Section VII. Technical Specifications, and Section IX.
Foreign- Assisted Projects. The forms to be used are provided in Section VIII.
Bidding Forms.

Care should be taken to check the relevance of the provisions of the

PBDs against the requirements of the specific Goods to be procured. In
addition, each section is prepared with notes intended only as information
for the Procuring Entity or the person drafting the Bidding Documents. They
shall not be included in the final documents, except for the notes
introducing Section VIII. Bidding Forms where the information is useful for
the Bidder. The following general directions should be observed when using
the documents:

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

2
(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 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 requirements, 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.

3
 TABLE OF CONTENTS

SECTION I. INVITATION TO BID ......................................................................................................... 5

SECTION II. INSTRUCTIONS TO BIDDERS .................................................................................... 11
SECTION III. BID DATA SHEET ......................................................................................................... 47
SECTION IV. GENERAL CONDITIONS OF CONTRACT ............................................................... 64
SECTION V. SPECIAL CONDITIONS OF CONTRACT ................................................................... 83
SECTION VI. SCHEDULE OF REQUIREMENTS ............................................................................. 93
SECTION VII. TECHNICAL SPECIFICATIONS .............................................................................. 96
SECTION VIII. BIDDING FORMS ...................................................................................................... 102

4
Section I. Invitation to Bid

5
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) Posted continuously in the Philippine Government Electronic Procurement System

(PhilGEPS) website, the website of the Procuring Entity concerned, if available, and the
website prescribed by the foreign government/foreign or international financing institution,
if applicable, for seven (7) calendar days starting on the date of advertisement;

(b) Posted at any conspicuous place reserved for this purpose in the premises of the
Procuring Entity concerned for seven (7) calendar days, as certified by the head of
the Bids and Awards Committee (BAC) Secretariat of the Procuring Entity concerned; and

(c) 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 Section 21.2.1(c) of the IRR of RA 9184.

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 acquired 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 in 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.

6
 Republic of the Philippines
DEPARTMENT OF EDUCATION - CENTRAL OFFICE
DepEd Complex, Meralco Ave., Pasig City, Metro Manila
(02) 636 1663 | 633 1942 | (+63) 919 456 0027

PROJECT NO. : 2019-06-AdmS2(011)-BV-CB-004

INVITATION TO BID

FOR THE

Supply, Delivery and Installation of Additional Air

Conditioning Units for DepEd Central Office

1. The Department of Education (DepEd), Government of the Philippines

(GOP) under FY 2019 General Appropriations Act (GAA), intends to apply
the sum Philippine Pesos Four Million, Nine Hundred Seventy-Two Thousand,
Four Hundred Fifteen and 20/100 (Php 4,972,415.20),being the Approved
Budget for the Contract (ABC) to payments under the contracts for
Supply, Delivery and Installation of Additional Air Conditioning Units
for DepEd Central Office, broken down as follows:

Approved
Budget for the
Lot Description Quantity Contract (ABC
in PHP)
2.5 HP Inverter Type, Wall
Mounted, ACU with
23
Dismantling and Installation
cost
1 4,972,415.20
3.0 TR Inverter Type, Floor
Mounted, ACU with
24
Dismantling and Installation
cost

Bids received in excess of the ABC shall be rejected at bid opening. Late
bids shall likewise be rejected.

The DepEd, through the Bids and Awards Committee (BAC) V, now invites
bids for the goods and services contemplated in this project

7
2. The DepEd, through the Bids and Awards Committee (BAC) V, now
invites bids for the goods and services contemplated in this project
and as detailed in the Schedule of Requirements and the table of
Technical Specifications indicated in the bidding documents. Expected
completion of delivery and installation of the equipment is within 60 days upon
receipt of Notice to Proceed (NTP) at DepEd Central Office, Meralco Avenue, Pasig
City. Bidders should have completed, within five (5) years immediately
preceding the deadline for the submission of bids, at least two (2)
contracts similar to the Project, the aggregate applicable contract
amount being equivalent to at least fifty percent (50%) of the ABC of
the lot bid for, and the largest of those said contracts is equivalent to
twenty-five percent (25%) of the said ABC. The description of an
eligible bidder is contained in the Bidding Documents, particularly, in
Section II. Instructions to Bidders.

3. Bidding will be conducted through open competitive bidding procedures

using a non-discretionary “pass/fail” criterion as specified in the 2016
Revised Implementing Rules and Regulations (IRR) of Republic Act (RA)
9184, otherwise known as the “Government Procurement Reform Act”.

Bidding is restricted to Filipino citizens/sole proprietorships,

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

4. Interested bidders may obtain further information from the DepEd

Procurement Management Service at Telephone Nos. 636-6542 or
633-9343 and inspect the Bidding Documents at the address indicated
herein for Issuance of Bidding Documents, during office hours.

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

Bidders from the DepEd Procurement Management Service, Room M-
511, 5th Floor, Mabini Building, DepEd Central Office Complex,
Meralco Avenue, Pasig City , upon accomplishing a bidder’s information
sheet and payment of a non-refundable fee for the Bidding Documents
to the DepEd Cashier in the amount of Philippine Pesos Five
Thousand and 00/100 (PhP5,000.00)

Payment in checks should be made payable to DECS – OSEC Trust.

Bidders are encouraged to order or download the electronic copy of the

Bidding Documents free of charge from the PhilGEPS website at
www.philgeps.gov.ph, provided that Bidders shall pay the applicable
fee for the Bidding Documents not later than the submission of their
bids. A copy of the bidding documents and other information may
also be viewed and downloaded at the DepEd website at
www.deped.gov.ph. The pre-bid-conference is open to all prospective
bidders.

8
 The issuance of bidding documents shall be from June 19, 2019
during office hours to July 8, 2019, 9:00 A.M. at DepEd-ProcMS,
Room M-511, 5/F, Mabini Building, DepEd Complex, Meralco Ave.,
Pasig City.

6. The DepEd will hold a Pre-Bid Conference on June 26, 2019, 9:00
A.M. at Education Facilities Division (EFD) Conference Room, 5/F,
Mabini Bldg., DepEd Complex, which shall be open to prospective
bidders.

7. Bids must be duly received by the BAC Secretariat at the address

below on or before 9:00 A.M. of July 8, 2019 at Bureau of
Curriculum Development Conference Room, 3/F, Bonifacio Bldg.,
DepEd Complex. All Bids must be accompanied by a bid security in
any of the acceptable forms and in the amount stated in ITB Clause
18.

Bid opening shall be on July 8, 2019, 9:00 A.M. at Bureau of

Curriculum Development Conference Room, 3/F, Bonifacio Bldg.,
DepEd Complex. 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. DepEd reserves the right to reject any and all bids, declare a failure of
bidding, or not award the contract at any time prior to contract award
in accordance with Section 41 of RA 9184 and its IRR, without thereby
incurring any liability to the affected bidder or bidders.

9
9. For further information, please refer to:

MARILOU A. CAAGBAY
Administrative Officer II
BAC Secretariat Division
Rm. M-511, 5th Floor, Mabini Bldg.
DepEd Central Office Complex
Meralco Avenue, Pasig City
Telephone Nos. 636-6542 or 633-9343
Email address: depedcentral.bacsecretariat@deped.gov.ph

SGD.
RAMON FIEL G. ABCEDE
OIC, Office of the Assistant
Secretary and
BAC V Chairperson

10
Section II. Instructions to Bidders

11
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,
eligibility check, opening and evaluation of bids, post-qualification and on the
award of contract.

This Section also 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 Supplier, payments under the contract,

or matters 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 (GCC), and/or Section V. Special
Conditions of Contract (SCC). If duplication of a subject is inevitable in other
sections of the document prepared by the Procuring Entity, care must be
exercised to avoid contradictions between clauses dealing with the same
matter.

12
 TABLE OF CONTENTS

A. GENERAL .................................................................................................. 14
1. Scope of Bid ......................................................................................... 14
2. Source of Funds ................................................................................... 14
3. Corrupt, Fraudulent, Collusive, and Coercive Practices.......................... 14
4. Conflict of Interest................................................................................ 16
5. Eligible Bidders .................................................................................... 17
6. Bidder’s Responsibilities ....................................................................... 19
7. Origin of Goods .................................................................................... 21
8. Subcontracts ....................................................................................... 22

B. CONTENTS OF BIDDING DOCUMENTS ............................................................. 22

9. Pre-Bid Conference .............................................................................. 22
10. Clarification and Amendment of Bidding Documents .......................... 23

C. PREPARATION OF BIDS ................................................................................ 24

11. Language of Bids .............................................................................. 24
12. Documents Comprising the Bid: Eligibility and Technical Components 24
13. Documents Comprising the Bid: Financial Component ....................... 26
14. Alternative Bids ................................................................................ 27
15. Bid Prices ......................................................................................... 27
16. Bid Currencies.................................................................................. 29
17. Bid Validity ...................................................................................... 30
18. Bid Security ..................................................................................... 30
19. Format and Signing of Bids ............................................................... 33
20. Sealing and Marking of Bids .............................................................. 33

D. SUBMISSION AND OPENING OF BIDS .............................................................. 34

21. Deadline for Submission of Bids ........................................................ 34
22. Late Bids .......................................................................................... 34
23. Modification and Withdrawal of Bids ................................................. 35
24. Opening and Preliminary Examination of Bids ................................... 35

E. EVALUATION AND COMPARISON OF BIDS ........................................................... 37

25. Process to be Confidential ................................................................. 37
26. Clarification of Bids .......................................................................... 38
27. Domestic Preference.......................................................................... 38
28. Detailed Evaluation and Comparison of Bids ..................................... 39
29. Post-Qualification ............................................................................. 40
30. Reservation Clause ........................................................................... 41

F. AWARD OF CONTRACT ................................................................................. 43

31. Contract Award ................................................................................ 43
32. Signing of the Contract ..................................................................... 43
33. Performance Security ........................................................................ 44
34. Notice to Proceed .............................................................................. 46
35. Protest Mechanism ........................................................................... 46

13
 A. General

1. Scope of Bid
1.1. The Procuring Entity named in the BDS invites bids for the supply and
delivery of the Goods as described in Section VII. Technical
Specifications.

1.2. The name, identification, and number of lots specific to this

bidding are provided in the BDS. The contracting strategy and
basis of evaluation of lots is described in ITB Clause 28.

2. Source of Funds
The Procuring Entity has a budget or has received funds from the
Funding Source named in the BDS, and in the amount indicated in
the BDS. It intends to apply part of the funds received for the Project,
as defined in the BDS, to cover eligible payments under the contract.

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

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

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

(i) “corrupt practice” means behavior on the part of

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

(ii) “fraudulent practice” means a misrepresentation of

facts in order to influence a procurement process or
the execution of a contract to the detriment of the
Procuring Entity, and includes collusive practices
among Bidders (prior to or after bid submission)
designed to establish bid prices at artificial, non-

14
 competitive levels and to deprive the Procuring
Entity of the benefits of free and open competition.

(iii) “collusive practices” means a scheme or

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

(iv) “coercive practices” means harming or threatening

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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

(bb) acts intended to materially impede the

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

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

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

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

15
 3.3. Furthermore, the Funding Source and the Procuring Entity
reserve the right to inspect and audit records and accounts of
a bidder or supplier in the bidding for and performance of a
contract themselves or through independent auditors as
reflected in the GCC Clause 3.

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

(a) A Bidder has controlling shareholders in common with

another Bidder;

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

subsidy from any other Bidder;

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

another Bidder for purposes of this bid;

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

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

(e) A Bidder submits more than one bid in this bidding

process. However, this does not limit the participation of
subcontractors in more than one bid;

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

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

(g) A Bidder who lends, or temporarily seconds, its personnel

to firms or organizations which are engaged in consulting
services for the preparation related to procurement for or
implementation of the project, if the personnel would be
involved in any capacity on the same project.

4.2. In accordance with Section 47 of the 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

16
 Entity (HoPE), members of the Bids and Awards Committee
(BAC), members of the Technical Working Group (TWG),
members of the BAC Secretariat, the head of the Project
Management Office (PMO) or the end-user unit, and the project
consultants, by consanguinity or affinity up to the third civil
degree. On the part of the Bidder, this Clause shall apply to
the following persons:

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

the Bidder himself;

(b) If the Bidder is a partnership, to all its officers and

members;

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

and controlling stockholders;

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

and controlling shareholders or members; and

(e) If the Bidder is a joint venture (JV), the provisions of items

(a), (b), (c), or (d) of this Clause shall correspondingly
apply to each of the members of the said JV, as may be
appropriate.

Relationship of the nature described above or failure to comply

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

5. Eligible Bidders
5.1. Unless otherwise provided in the BDS, the following persons
shall be eligible to participate in this bidding:

(a) Duly licensed Filipino citizens/sole proprietorships;

(b) Partnerships duly organized under the laws of the

Philippines and of which at least sixty percent (60%) of
the interest belongs to citizens of the Philippines;

(c) Corporations duly organized under the laws of the

Philippines, and of which at least sixty percent (60%) of
the outstanding capital stock belongs to citizens of the
Philippines;

(d) Cooperatives duly organized under the laws of the

Philippines; and

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

(JV), i.e., a group of two (2) or more persons/entities that
intend to be jointly and severally responsible or liable for

17
 a particular contract: Provided, however, that Filipino
ownership or interest of the JV concerned shall be at least
sixty percent (60%).

5.2. Foreign bidders may be eligible to participate when any of the

following circumstances exist, as specified in the BDS:

(a) When a Treaty or International or Executive Agreement as

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

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

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

(c) When the Goods sought to be procured are not available

from local suppliers; or

(d) When there is a need to prevent situations that defeat

competition or restrain trade.

5.3. Government owned or –controlled corporations (GOCCs) may be

eligible to participate only if they can establish that they (a) are
legally and financially autonomous, (b) operate under
commercial law, and (c) are not attached agencies of the
Procuring Entity.

5.4. Unless otherwise provided in the BDS, the Bidder must have
completed a Single Largest Completed Contract (SLCC) similar
to the Project and the value of which, adjusted, if necessary, by
the Bidder to current prices using the Philippine Statistics
Authority (PSA) consumer price index, must be at least
equivalent to a percentage of the ABC stated in the BDS.

For this purpose, contracts similar to the Project shall be those

described in the BDS, and completed within the relevant period
stated in the Invitation to Bid and ITB Clause 12.1(a)(ii).

5.5. The Bidder must submit a computation of its Net Financial

Contracting Capacity (NFCC), which must be at least equal to
the ABC to be bid, calculated as follows:

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

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

18
 The values of the domestic bidder’s current assets and current
liabilities shall be based on the latest Audited Financial
Statements submitted to the BIR.

For purposes of computing the foreign bidders’ NFCC, the value

of the current assets and current liabilities shall be based on
their audited financial statements prepared in accordance with
international financial reporting standards.

If the prospective bidder opts to submit a committed Line of

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

6. Bidder’s Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a
sworn statement in the form prescribed in Section VIII. Bidding
Forms as required in ITB Clause 12.1(b)(iii).

6.2. The Bidder is responsible for the following:

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

Documents;

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

affecting the implementation of the contract;

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

needed for the contract to be bid, if any;

(d) Having complied with its responsibility to inquire or

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

(e) Ensuring that it is not “blacklisted” or barred from

bidding by the GOP or any of its agencies, offices,
corporations, or LGUs, including foreign
government/foreign or international financing institution
whose blacklisting rules have been recognized by the
GPPB;

(f) Ensuring that each of the documents submitted in

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

(g) Authorizing the HoPE or its duly authorized

representative/s to verify all the documents submitted;

19
(h) Ensuring that the signatory is the duly authorized
representative of the Bidder, and granted full power and
authority to do, execute and perform any and all acts
necessary and/or to represent the Bidder in the bidding,
with the duly notarized Secretary’s Certificate attesting to
such fact, if the Bidder is a corporation, partnership,
cooperative, or joint venture;

(i) Complying with the disclosure provision under Section 47

of RA 9184 and its IRR in relation to other provisions of
RA 3019;

(j) Complying with existing labor laws and standards, in the

case of procurement of services; Moreover, bidder
undertakes to:

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

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

In case there is a finding by the Procuring Entity or

the DOLE of underpayment or non-payment of
workers’ wage and wage-related benefits, bidder
agrees that the performance security or portion of
the contract amount shall be withheld in favor of
the complaining workers pursuant to appropriate
provisions of Republic Act No. 9184 without
prejudice to the institution of appropriate actions
under the Labor Code, as amended, and other
social legislations.

(ii) Comply with occupational safety and health

standards and to correct deficiencies, if any.

In case of imminent danger, injury or death of the

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

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

clauses under the contract specifying wages, hours
of work and other benefits under prevailing national
laws, rules and regulations; or collective bargaining
agreement; or arbitration award, if and when

20
 applicable, through posting in two (2) conspicuous
places in the establishment’s premises; and

(k) Ensuring that it did not give or pay, directly or indirectly,

any commission, amount, fee, or any form of
consideration, pecuniary or otherwise, to any person or
official, personnel or representative of the government in
relation to any procurement project or activity.

Failure to observe any of the above responsibilities shall be at

the risk of the Bidder concerned.

6.3. The Bidder is expected to examine all instructions, forms,

terms, and specifications in the Bidding Documents.

6.4. It shall be the sole responsibility of the Bidder to determine

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

6.5. The Procuring Entity shall not assume any responsibility

regarding erroneous interpretations or conclusions by the
prospective or eligible bidder out of the data furnished by the
procuring entity. However, the Procuring Entity shall ensure
that all information in the Bidding Documents, including
bid/supplemental bid bulletin/s issued, are correct and
consistent.

6.6. Before submitting their bids, the Bidder is deemed to have

become familiar with all existing laws, decrees, ordinances,
acts and regulations of the Philippines which may affect this
Project in any way.

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

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

7. Origin of Goods
Unless otherwise indicated in the BDS, there is no restriction on the
origin of goods other than those prohibited by a decision of the United

21
 Nations Security Council taken under Chapter VII of the Charter of
the United Nations, subject to ITB Clause 27.1.

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

8.2. Subcontractors must submit the documentary requirements

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

8.3. The Bidder may identify the subcontractor to whom a portion

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

B. Contents of Bidding Documents

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

(b) The pre-bid conference shall be held at least twelve (12)

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

9.2. Bidders are encouraged to attend the pre-bid conference to

ensure that they fully understand the Procuring Entity’s
requirements. Non-attendance of the Bidder will in no way

22
 prejudice its bid; however, the Bidder is expected to know the
changes and/or amendments to the Bidding Documents as
recorded in the minutes of the pre-bid conference and the
Supplemental/Bid Bulletin. The minutes of the pre-bid
conference shall be recorded and prepared not later than five
(5) calendar days after the pre-bid conference. The minutes
shall be made available to prospective bidders not later than
five (5) days upon written request.

9.3 Decisions of the BAC amending any provision of the bidding

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

10. Clarification and Amendment of Bidding Documents

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

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

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

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

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

10.4. Any Supplemental/Bid Bulletin issued by the BAC shall also

be posted in the PhilGEPS and the website of the Procuring
Entity concerned, if available, and at any conspicuous place in
the premises of the Procuring Entity concerned. It shall be the
responsibility of all Bidders who have properly secured the
Bidding Documents to inquire and secure Supplemental/Bid
Bulletins that may be issued by the BAC. However, Bidders
who have submitted bids before the issuance of the
Supplemental/Bid Bulletin must be informed and allowed to
modify or withdraw their bids in accordance with ITB Clause
23.

23
 C. Preparation of Bids

11. Language of Bids

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

12. Documents Comprising the Bid: Eligibility and

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

(a) Eligibility Documents –

Class “A” Documents:

(i) PhilGEPS Certificate of Registration and

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

(ii) Statement of all its ongoing government and private

contracts, including contracts awarded but not yet
started, if any, whether similar or not similar in
nature and complexity to the contract to be bid; and

Statement of the Bidder’s SLCC similar to the

contract to be bid, in accordance with ITB Clause
5.4, within the relevant period as provided in the
BDS.

The two statements required shall indicate for each

contract the following:

24
 (ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) kinds of Goods;

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

of contract and value of outstanding
contracts;

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

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

(ii.8) date of delivery; and

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

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

(iii) NFCC computation in accordance with ITB Clause

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

Class “B” Document:

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

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

(b) Technical Documents –

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

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

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

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

25
 (i.2) a surety bond, it shall be accompanied by a
certification by the Insurance Commission
that the surety or insurance company is
authorized to issue such instruments;

(ii) Conformity with technical specifications, as

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

(iii) Sworn statement in accordance with Section 25.3 of

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

(iv) For foreign bidders claiming eligibility by reason of

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

13. Documents Comprising the Bid: Financial Component

13.1. The financial component of the bid shall contain the following:

(a) Financial Bid Form, which includes bid prices and the
applicable Price Schedules, in accordance with ITB
Clauses 15.1 and 15.4;

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

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

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

the bid as stated in the BDS.

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

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

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

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

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

(ii) The procuring entity has procedures in place to

ensure that the ABC is based on recent estimates
made by the responsible unit of the procuring entity

26
 and that the estimates reflect the quality, supervision
and risk and inflationary factors, as well as prevailing
market prices, associated with the types of works or
goods to be procured.

(iii) The procuring entity has trained cost estimators on

estimating prices and analyzing bid variances.

(iv) The procuring entity has established a system to

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

(v) The procuring entity has established a monitoring

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

14. Alternative Bids

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

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

15. Bid Prices

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

15.2. The Bidder shall fill in rates and prices for all items of the
Goods described in the Schedule of Prices. Bids not
addressing or providing all of the required items in the Bidding
Documents including, where applicable, Schedule of Prices,
shall be considered non-responsive and, thus, automatically
disqualified. In this regard, where a required item is provided,
but no price is indicated, the same shall be considered as non-

27
 responsive, but specifying a zero (0) or a dash (-) for the said
item would mean that it is being offered for free to the
Government, except those required by law or regulations to be
accomplished.

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

15.4. Prices indicated on the Price Schedule shall be entered

separately in the following manner:

(a) For Goods offered from within the Procuring Entity’s

country:

(i) The price of the Goods quoted EXW (ex works, ex

factory, ex warehouse, ex showroom, or off-the-
shelf, as applicable);

(ii) The cost of all customs duties and sales and other
taxes already paid or payable;

(iii) The cost of transportation, insurance, and other

costs incidental to delivery of the Goods to their
final destination; and

(iv) The price of other (incidental) services, if any, listed

in the BDS.

(b) For Goods offered from abroad:

(i) Unless otherwise stated in the BDS, the price of the

Goods shall be quoted DDP with the place of
destination in the Philippines as specified in the
BDS. In quoting the price, the Bidder shall be free
to use transportation through carriers registered in
any eligible country. Similarly, the Bidder may
obtain insurance services from any eligible source
country.

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

in the BDS.

(c) For Services, based on the form which may be prescribed

by the Procuring Entity, in accordance with existing laws,
rules and regulations

28
 15.5. Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the contract and not subject to variation or
price escalation on any account. A bid submitted with an
adjustable price quotation shall be treated as non-responsive
and shall be rejected, pursuant to ITB Clause 24.

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

16. Bid Currencies

16.1. Prices shall be quoted in the following currencies:

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

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

16.2. If so allowed in accordance with ITB Clause 16.1, the

Procuring Entity for purposes of bid evaluation and comparing
the bid prices will convert the amounts in various currencies in
which the bid price is expressed to Philippine Pesos at the
foregoing exchange rates.

16.3. Unless otherwise specified in the BDS, payment of the contract

price shall be made in Philippine Pesos.

29
17. Bid Validity
17.1. Bids shall remain valid for the period specified in the BDS
which shall not exceed one hundred twenty (120) calendar
days from the date of the opening of bids.

17.2. In exceptional circumstances, prior to the expiration of the bid

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

18. Bid Security

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

Amount of Bid Security

Form of Bid Security (Not Less than the Percentage
of the ABC)
(a) Cash or
cashier’s/manager’s check
issued by a Universal or
Commercial Bank.

For biddings conducted by

LGUs, the
Cashier’s/Manager’s
Check may be issued by
other banks certified by the
BSP as authorized to issue
Two percent (2%)
such financial instrument.

(b) Bank draft/guarantee or

irrevocable letter of credit
issued by a Universal or
Commercial Bank:
Provided, however, that it
shall be confirmed or
authenticated by a
Universal or Commercial
Bank, if issued by a

30
 foreign bank.

For biddings conducted by

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

(c) Surety bond callable upon

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

The Bid Securing Declaration mentioned above is an

undertaking which states, among others, that the Bidder shall
enter into contract with the procuring entity and furnish the
performance security required under ITB Clause 33.2, within
ten (10) calendar days from receipt of the Notice of Award, and
commits to pay the corresponding amount as fine, and be
suspended for a period of time from being qualified to
participate in any government procurement activity in the event
it violates any of the conditions stated therein as provided in the
guidelines issued by the GPPB.

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

18.3. No bid securities shall be returned to Bidders after the opening

of bids and before contract signing, except to those that failed
or declared as post-disqualified, upon submission of a written
waiver of their right to file a request for reconsideration and/or
protest, or upon the lapse of the reglementary period to file a
request for reconsideration or protest. Without prejudice on its
forfeiture, bid securities shall be returned only after the Bidder
with the Lowest Calculated Responsive Bid (LCRB) has signed
the contract and furnished the performance security, but in no
case later than the expiration of the bid security validity period
indicated in ITB Clause 18.2.

18.4. Upon signing and execution of the contract pursuant to ITB

Clause 32, and the posting of the performance security
pursuant to ITB Clause 33, the successful Bidder’s bid

31
 security will be discharged, but in no case later than the bid
security validity period as indicated in the ITB Clause 18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity

specified in ITB Clause 17;

(ii) does not accept the correction of errors pursuant to

ITB Clause 28.3(b);

(iii) has a finding against the veracity of any of the

documents submitted as stated in ITB Clause 29.2;

(iv) submission of eligibility requirements containing

false information or falsified documents;

(v) submission of bids that contain false information or

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

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

of another for purposes of public bidding;

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

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

(viii) refusal or failure to post the required performance

security within the prescribed time;

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

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

(x) any documented attempt by a Bidder to unduly

influence the outcome of the bidding in his favor;

(xi) failure of the potential joint venture partners to

enter into the joint venture after the bid is declared
successful; or

(xii) all other acts that tend to defeat the purpose of the
competitive bidding, such as habitually withdrawing
from bidding, submitting late Bids or patently

32
 insufficient bid, for at least three (3) times within a
year, except for valid reasons.

(b) if the successful Bidder:

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

Clause 32; or

(ii) fails to furnish performance security in accordance

with ITB Clause 33.

19. Format and Signing of Bids

19.1. Bidders shall submit their bids through their duly authorized
representative using the appropriate forms provided in Section
VIII. Bidding Forms on or before the deadline specified in the
ITB Clauses 21 in two (2) separate sealed bid envelopes, and
which shall be submitted simultaneously. The first shall
contain the technical component of the bid, including the
eligibility requirements under ITB Clause 12.1, and the second
shall contain the financial component of the bid. This shall
also be observed for each lot in the case of lot procurement.

19.2. Forms as mentioned in ITB Clause 19.1 must be completed

without any alterations to their format, and no substitute form
shall be accepted. All blank spaces shall be filled in with the
information requested.

19.3. The Bidder shall prepare and submit an original of the first
and second envelopes as described in ITB Clauses 12 and 13.
In addition, the Bidder shall submit copies of the first and
second envelopes. In the event of any discrepancy between the
original and the copies, the original shall prevail.

19.4. Each and every page of the Bid Form, including the Schedule
of Prices, under Section VIII hereof, shall be signed by the duly
authorized representative/s of the Bidder. Failure to do so
shall be a ground for the rejection of the bid.

19.5. Any interlineations, erasures, or overwriting shall be valid only

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

20. Sealing and Marking of Bids

20.1. Bidders shall enclose their original eligibility and technical
documents described in ITB Clause 12 in one sealed envelope
marked “ORIGINAL - TECHNICAL COMPONENT”, and the
original of their financial component in another sealed

33
 envelope marked “ORIGINAL - FINANCIAL COMPONENT”,
sealing them all in an outer envelope marked “ORIGINAL BID”.

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

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

20.4. All envelopes shall:

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

letters;

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

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

with ITB Clause 1.1;

(d) bear the specific identification of this bidding process

indicated in the ITB Clause 1.6; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and
time for the opening of bids, in accordance with ITB
Clause 21.

20.5. Bid envelopes that are not properly sealed and marked, as
required in the bidding documents, shall not be rejected, but
the Bidder or its duly authorized representative shall
acknowledge such condition of the bid as submitted. The BAC
or the Procuring Entity shall assume no responsibility for the
misplacement of the contents of the improperly sealed or
marked bid, or for its premature opening.

D. Submission and Opening of Bids

21. Deadline for Submission of Bids

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

22. Late Bids

Any bid submitted after the deadline for submission and receipt of
bids prescribed by the Procuring Entity, pursuant to ITB Clause 21,

34
 shall be declared “Late” and shall not be accepted by the Procuring
Entity. The BAC shall record in the minutes of bid submission and
opening, the Bidder’s name, its representative and the time the late
bid was submitted.

23. Modification and Withdrawal of Bids

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

23.2 A Bidder may, through a Letter of Withdrawal, withdraw its bid

after it has been submitted, for valid and justifiable reason;
provided that the Letter of Withdrawal is received by the
Procuring Entity prior to the deadline prescribed for submission
and receipt of bids. The Letter of Withdrawal must be executed
by the duly authorized representative of the Bidder identified in
the Omnibus Sworn Statement, a copy of which should be
attached to the letter.

23.3. Bids requested to be withdrawn in accordance with ITB Clause

23.1 shall be returned unopened to the Bidders. A Bidder,
who has acquired the bidding documents, may also express its
intention not to participate in the bidding through a letter
which should reach and be stamped by the BAC before the
deadline for submission and receipt of bids. A Bidder that
withdraws its bid shall not be permitted to submit another bid,
directly or indirectly, for the same contract.

23.4. No bid may be modified after the deadline for submission of

bids. No bid may be withdrawn in the interval between the
deadline for submission of bids and the expiration of the period
of bid validity specified by the Bidder on the Financial Bid
Form. Withdrawal of a bid during this interval shall result in
the forfeiture of the Bidder’s bid security, pursuant to ITB
Clause 18.5, and the imposition of administrative, civil and
criminal sanctions as prescribed by RA 9184 and its IRR

24. Opening and Preliminary Examination of Bids

24.1. The BAC shall open the bids in public, immediately after the
deadline for the submission and receipt of bids, as specified in

35
 the BDS. In case the Bids cannot be opened as scheduled due
to justifiable reasons, the BAC shall take custody of the Bids
submitted and reschedule the opening of Bids on the next
working day or at the soonest possible time through the
issuance of a Notice of Postponement to be posted in the
PhilGEPS website and the website of the Procuring Entity
concerned.

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

24.3. Unless otherwise specified in the BDS, immediately after

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

24.4. Letters of Withdrawal shall be read out and recorded during

bid opening, and the envelope containing the corresponding
withdrawn bid shall be returned to the Bidder unopened.

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

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

Clause 5, the following Class “A” Documents may be
substituted with the appropriate equivalent documents, if any,
issued by the country of the foreign Bidder concerned, which
shall likewise be uploaded and maintained in the PhilGEPS in
accordance with Section 8.5.2 of the IRR:

36
 (a) Registration certificate from the Securities and Exchange
Commission (SEC), Department of Trade and Industry (DTI)
for sole proprietorship, or CDA for cooperatives;

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

where the principal place of business of the bidder is
located; and

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

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

24.7. Each partner of a joint venture agreement shall likewise

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

24.8. The Procuring Entity shall prepare the minutes of the

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

24.8 The bidders or their duly authorized representatives may attend

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

24.9 To ensure transparency and accurate representation of the bid

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

E. Evaluation and Comparison of Bids

25. Process to be Confidential

25.1. Members of the BAC, including its staff and personnel, as well
as its Secretariat and TWG, are prohibited from making or
accepting any kind of communication with any bidder

37
 regarding the evaluation of their bids until the issuance of the
Notice of Award, unless otherwise allowed in the case of ITB
Clause 26.

25.2. Any effort by a bidder to influence the Procuring Entity in the

Procuring Entity’s decision in respect of bid evaluation, bid
comparison or contract award will result in the rejection of the
Bidder’s bid.

26. Clarification of Bids

To assist in the evaluation, comparison, and post-qualification of the
bids, the Procuring Entity may ask in writing any Bidder for a
clarification of its bid. All responses to requests for clarification shall
be in writing. Any clarification submitted by a Bidder in respect to its
bid and that is not in response to a request by the Procuring Entity
shall not be considered.

27. Domestic Preference

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

(a) The preference shall be applied when the lowest Foreign

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

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

increased by fifteen percent (15%).

(c) In the event that the lowest bid offered by a Domestic

Bidder does not exceed the lowest Foreign Bid as
increased, then the Procuring Entity shall award the
contract to the Domestic Bidder at the amount of the
lowest Foreign Bid.

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

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

27.2. A Bidder may be granted preference as a Domestic Bidder

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

38
 manufactured in the Philippines substantially from articles,
materials, or supplies of the growth, production, or
manufacture, as the case may be, of the Philippines.

28. Detailed Evaluation and Comparison of Bids

28.1. The Procuring Entity will undertake the detailed evaluation
and comparison of bids which have passed the opening and
preliminary examination of bids, pursuant to ITB Clause 24, in
order to determine the Lowest Calculated Bid.

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

(a) The detailed evaluation of the financial component of the

bids, to establish the correct calculated prices of the bids;
and

(b) The ranking of the total bid prices as so calculated from

the lowest to the highest. The bid with the lowest price
shall be identified as the Lowest Calculated Bid.

28.3. The Procuring Entity’s BAC shall immediately conduct a

detailed evaluation of all bids rated “passed,” using non-
discretionary pass/fail criteria. The BAC shall consider the
following in the evaluation of bids:

(a) Completeness of the bid. Unless the BDS allows partial

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

(b) Arithmetical corrections. Consider computational errors

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

28.4. Based on the detailed evaluation of bids, those that comply

with the above-mentioned requirements shall be ranked in the
ascending order of their total calculated bid prices, as
evaluated and corrected for computational errors, discounts
and other modifications, to identify the Lowest Calculated Bid.
Total calculated bid prices, as evaluated and corrected for

39
 computational errors, discounts and other modifications,
which exceed the ABC shall not be considered, unless
otherwise indicated in the BDS.

28.5. The Procuring Entity’s evaluation of bids shall be based on the

bid price quoted in the Bid Form, which includes the Schedule
of Prices.

28.6. Bids shall be evaluated on an equal footing to ensure fair

competition. For this purpose, all bidders shall be required to
include in their bids the cost of all taxes, such as, but not
limited to, value added tax (VAT), income tax, local taxes, and
other fiscal levies and duties which shall be itemized in the bid
form and reflected in the detailed estimates. Such bids,
including said taxes, shall be the basis for bid evaluation and
comparison.

28.7. If so indicated pursuant to ITB Clause 1.2, Bids are being

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

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

29.2. Within a non-extendible period of five (5) calendar days from

receipt by the bidder of the notice from the BAC that it
submitted the Lowest Calculated Bid, the Bidder shall submit
its latest income and business tax returns filed and paid
through the BIR Electronic Filing and Payment System (eFPS)
and other appropriate licenses and permits required by law
and stated in the BDS.

Failure to submit any of the post-qualification requirements on

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

40
 29.3. The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted
pursuant to ITB Clauses 12 and 13, as well as other
information as the Procuring Entity deems necessary and
appropriate, using a non-discretionary “pass/fail” criterion,
which shall be completed within a period of twelve (12)
calendar days.

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

29.5. A negative determination shall result in rejection of the

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

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

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

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

30. Reservation Clause

30.1. Notwithstanding the eligibility or post-qualification of a Bidder,
the Procuring Entity concerned reserves the right to review its
qualifications at any stage of the procurement process if it has
reasonable grounds to believe that a misrepresentation has
been made by the said Bidder, or that there has been a change
in the Bidder’s capability to undertake the project from the
time it submitted its eligibility requirements. Should such
review uncover any misrepresentation made in the eligibility

41
 and bidding requirements, statements or documents, or any
changes in the situation of the Bidder which will affect its
capability to undertake the project so that it fails the preset
eligibility or bid evaluation criteria, the Procuring Entity shall
consider the said Bidder as ineligible and shall disqualify it
from submitting a bid or from obtaining an award or contract.

30.2. Based on the following grounds, the Procuring Entity reserves

the right to reject any and all bids, declare a Failure of Bidding
at any time prior to the contract award, or not to award the
contract, without thereby incurring any liability, and make no
assurance that a contract shall be entered into as a result of
the bidding:

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

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

(b) If the Procuring Entity’s BAC is found to have failed in

following the prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the

award of the contract will not redound to the benefit of
the GOP as follows:

(i) If the physical and economic conditions have

significantly changed so as to render the project no
longer economically, financially or technically
feasible as determined by the HoPE;

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

by the HoPE; and

(iii) If the source of funds for the project has been

withheld or reduced through no fault of the
Procuring Entity.

30.3. In addition, the Procuring Entity may likewise declare a failure

of bidding when:

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

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

42
 (d) The bidder with the LCRB refuses, without justifiable
cause to accept the award of contract, and no award is
made in accordance with Section 40 of the IRR of RA
9184.

F. Award of Contract

31. Contract Award

31.1. Subject to ITB Clause 29, the HoPE or its duly authorized
representative shall award the contract to the Bidder whose
bid has been determined to be the LCRB.

31.2. Prior to the expiration of the period of bid validity, the

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

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

contract shall be subject to the following conditions:

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

calendar days from receipt of the Notice of Award:

(i) Valid JVA, if applicable; or

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

Service Office or Post, the PhilGEPS Registration
Number of the winning foreign Bidder;

(b) Posting of the performance security in accordance with

ITB Clause 33;

(c) Signing of the contract as provided in ITB Clause 32; and

(d) Approval by higher authority, if required, as provided in

Section 37.3 of the IRR of RA 9184.

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

32. Signing of the Contract

32.1. At the same time as the Procuring Entity notifies the
successful Bidder that its bid has been accepted, the Procuring

43
 Entity shall send the Contract Form to the Bidder, which
contract has been provided in the Bidding Documents,
incorporating therein all agreements between the parties.

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

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

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

(a) Contract Agreement;

(b) Bidding Documents;

(c) Winning bidder’s bid, including the Technical and

Financial Proposals, and all other documents/statements
submitted (e.g., bidder’s response to request for
clarifications on the bid), including corrections to the bid,
if any, resulting from the Procuring Entity’s bid
evaluation;

(d) Performance Security;

(e) Notice of Award of Contract; and

(f) Other contract documents that may be required by

existing laws and/or specified in the BDS.

33. Performance Security

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

33.2. The Performance Security shall be denominated in Philippine

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

44
 Amount of Performance
Security
Form of Performance Security
(Not less than the Percentage
of the Total Contract Price)
(a) Cash or
cashier’s/manager’s check
issued by a Universal or
Commercial Bank.

For biddings conducted by

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

(b) Bank draft/guarantee or

irrevocable letter of credit
issued by a Universal or
Five percent (5%)
Commercial Bank:
Provided, however, that it
shall be confirmed or
authenticated by a
Universal or Commercial
Bank, if issued by a
foreign bank.

For biddings conducted by

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

(c) Surety bond callable upon

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

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

mentioned requirement shall constitute sufficient ground for
the annulment of the award and forfeiture of the bid security,

45
 in which event the Procuring Entity shall have a fresh period to
initiate and complete the post qualification of the second
Lowest Calculated Bid. The procedure shall be repeated until
the LCRB is identified and selected for recommendation of
contract award. However if no Bidder passed post-qualification,
the BAC shall declare the bidding a failure and conduct a re-
bidding with re-advertisement, if necessary.

34. Notice to Proceed

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

35. Protest Mechanism

Decisions of the procuring entity at any stage of the procurement
process may be questioned in accordance with Section 55 of the IRR of
RA9184.

46
Section III. Bid Data Sheet

47
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.

For foreign-assisted projects, the Bid Data Sheet to be used is provided in

Section IX- Foreign-Assisted Projects.

48
 SECTION III. BID DATA SHEET

Bid Data Sheet

ITB Clause

1.1 The Procuring Entity is the Department of Education – Asset

Management Division.

The name of the Contract is “Supply, Delivery and Installation

of Additional Air Conditioning Units for DepEd Central
Office”

The identification number of the Contract is 2019-06-AdmS2(011)-

BV-CB-004.

1.2 The lot and reference is:

“Supply, Delivery and Installation of Additional Air
Conditioning Units for DepEd Central Office”

Approved Budget for the

Lot Description Quantity
Contract (ABC in PHP)
2.5 HP Inverter Type, Wall
Mounted, ACU with
23
Dismantling and
Installation cost
1 4,972,415.20
3.0 TR Inverter Type, Floor
Mounted, ACU with
24
Dismantling and
Installation cost
2 The Funding Source is:

The Government of the Philippines (GOP) through FY 2019

General Appropriations Act (GAA) in the amount of Philippine
Pesos Four Million, Nine Hundred Seventy-Two Thousand,
Four Hundred Fifteen and 20/100 (Php 4,972,415.20).

The name of the Project is: Supply, Delivery and Installation of

Additional Air Conditioning Units for DepEd Central Office.

3.1 No further instructions.

5.1 No further instructions.

5.2 None of the circumstances mentioned in the ITB Clause exists in

this Project. Foreign bidders, except those falling under ITB
Clause 5.2(b), may not participate in this Project.
In the case of an eligible foreign bidder as described above, it
must secure a PhilGEPS registration by uploading and
maintaining, at PhilGEPS, the Class “A” Documents described in
ITB Clause 12.1(a), which may be substituted with the
appropriate equivalent documents, if any, issued by the country of

49
 SECTION III. BID DATA SHEET

the foreign bidder concerned.

The bid, as well as other correspondence and documents related
to the Bid shall be written in English. If supporting documents
and printed literature furnished by the Bidder are in another
language, it must be accompanied by an accurate translation
in English in accordance with Section II, Instruction to
Bidders, Clause 11.
In case of foreign bidder found eligible in accordance with ITB
Clause 5.1, the bidder-supplier shall be represented by an agent in
the Philippines authorized to communicate in writing with DepEd,
receive and/or furnish documents, cause replacement of defective
Goods or complete short deliveries, and able to carry out the
Supplier’s obligations prescribed in the Conditions of Contract
and/or Technical Specifications, and other similar acts authorized
by the Supplier before award and if awarded the contract.
5.4 Prospective bidder should have completed, within a period of five
(5) years immediately preceding the deadline for submission of
bids, Single Largest Completed Contract (SLCC) similar to the
contract to be bid and the value of which, adjusted, if necessary,
by the Bidder to current prices using the Philippine Statistics
Authority (PSA) consumer price index, must be at least fifty
percent (50%) of the ABC of the lot bid for; OR have completed,
within a period of five (5) years immediately preceding the
deadline for submission of bids, at least two (2) similar contracts
and the total of the aggregated contract amount should be
equivalent to at least fifty percent (50%) of the ABC of the lot bid
for; and the largest of these similar contracts must be equivalent
to at least twenty-five percent (25%) of the ABC of the lot to be
bid. The contracts may come from different agencies/companies.
For this purpose, similar contracts shall refer to:
“Supply, Delivery and Installation of Air Conditioning Units”

Bidder may use the same contract/s for all lots it intends to bid
for, subject to SLCC requirements. This means a single contract
amounting to 50% or aggregate contracts amounting to 50%, will
be treated independently per lot.

5.5 The computation of a prospective bidder’s NFCC must be at least

equal to the ABC to be bid, calculated as follows:

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

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

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

liabilities shall be based on the latest Audited Financial

50
 SECTION III. BID DATA SHEET

Statements submitted to the BIR.

For purposes of computing the foreign bidders’ NFCC, the value of

the current assets and current liabilities shall be based on their
Audited Financial Statements prepared in accordance with
international financial reporting standards. (23.5.1.4a)

If the prospective bidder submits a committed Line of Credit, it

must be at least equal to ten (10%) of the ABC of the lot or lots
bid for: Provided, that if the same is issued by a foreign Universal
or Commercial Bank, it shall be confirmed or authenticated by a
local Universal or Commercial Bank.

In case of a joint venture, the NFCC shall be computed based on

the Audited Financial Statement of the local lead partner, unless
it is shown by clear proof that the other partners to the joint
venture have infused capital investment to support the operation
of the local lead partner to ensure compliance with the obligations
under the contracts in this project, in which case the NFCC of the
foreign joint venture or the minority partner of the joint venture
shall be computed.

For this purpose, the local lead partner shall be that

person/organization/ company identified in the Joint Venture
Agreement or in the Letters of Intents (for potential JV partners)
shown to have the controlling stakes in the JV.

For easier reference, participating JVs or prospective JV partners

must indicate in their JVAs or Letters of Intent the local lead
partner appointed by them.
6.2(d) Consistent with Section 22.5.3 of the Revised IRR of RA 9184,
posting on the PhilGEPS (www,philgeps.gov.ph) and the
procuring entity’s websites (www.deped.gov.ph) of any
supplemental/bid bulletin shall be considered sufficient notice to
all bidders or parties concerned.

“It shall therefore be the responsibility of all Bidders who secure

the Bidding Documents to: a) inquire and secure
Supplemental/Bid Bulletins that may be issued by the BAC; b)
know the latest website of PhilGEPS and the procuring entity; c)
check from time to time the PhilGEPS and Procuring Entity’s
websites, and at any conspicuous place within the premises of
the Procuring Entity for possible posting of any supplemental/
bid bulletin; and d) inform the BAC in writing, through its
Secretariat, of any changes in its address or contract numbers.
Duly signed written communication such as notices or requests
shall, likewise, be deemed to have been given or made and
considered official communication when received by the concerned
party, either in person or through an authorized representative of

51
 SECTION III. BID DATA SHEET

the Party to whom the communication is addressed, or when sent

by registered mail, telex, telegram, electronic mail or facsimile to
such Party at the address or contact numbers specified in the
Bidder’s Information Sheet, which shall be effective when delivered
and duly received or on the notice’s effective date, whichever is
later.”
7 No further instructions.

8.1 No further instructions.

8.2 Sub-contracting is not allowed

9.1 DepEd will hold a pre-bid conference for this Project on June 26, 2019,
9:00 A.M. at Education Facilities Division Conference Room, 5 th
Floor, Mabini Building, DepEd Complex, Pasig City.

10.1 Request for clarification/s for an interpretation must be in writing

and submitted at least ten (10) calendar days before the deadline
set for the submission and receipt of bids.

The Procuring Entity’s address is:

The Chairperson
Bids and Awards Committee V
BAC Secretariat Division
Department of Education
Room M-511, 5th Floor, Mabini Bldg., DepEd Complex, Meralco
Avenue, Pasig City Tel. No. (632) 633-9343, 636-6542

In accordance with ITB Clause 10.2, the BAC shall respond to the
said request by issuing a Supplemental/Bid Bulletin, to be made
available to all those who have properly secured the Bidding
Documents, at least seven (7) calendar days before the deadline for
the submission and receipt of Bids.
10.2 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, and to inform the BAC in writing,
through its Secretariat of any changes in its address or contact
numbers.

11 In case of foreign bidders, if the eligibility requirements or

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

52
 SECTION III. BID DATA SHEET

12.1(a) For purposes of determining the eligibility of bidders using the

criteria stated in Section 23.4 of the IRR, only the following
documents shall be required by the BAC, using the forms
prescribed in the Bidding Documents:

A. Class “A” Documents

Legal Documents

i) Registration certificate from SEC, Department of Trade and

Industry (DTI) for the sole proprietorships, or CDA for
cooperatives.

ii) Mayor’s/Business Permit issued by the city or municipality

where the principal place of business of prospective bidder
is located, or the equivalent documents for Exclusive
Economic Zones or Areas.

In cases of recently expired Mayor’s/Business permits, it

shall be accepted together with the official receipts as proof
that the bidder has applied for renewal within the period
prescribed by the concerned local government units,
provided that the renewed permit shall be submitted as a
post-qualification requirement in accordance with Section
34.2 of the IRR.

iii) Tax clearance per E.O. 398, s. 2005, as finally reviewed and
approved by the Bureau of Internal Revenue (BIR).

Technical Documents

Statement of the prospective bidder of all its ongoing government

and private contracts, including contracts awarded but not yet
started, if any, whether similar or not similar in nature and
complexity to the contract to be bid.

v) Statement of the bidder’s Single Largest Completed

Contract (SLCC) similar to the contract to be bid, except
under conditions provided for in Sections 23.4.1.3 and
23.4.2.4 of the IRR, within the relevant period as provided
in the Bidding Documents in the case of Goods.

All of the above statements shall include all information

required in this PBDs prescribed by the GPPB.

Financial Documents

vi) The prospective bidder’s audited financial statements,

53
 SECTION III. BID DATA SHEET

showing, among others, the prospective bidder’s total and

current assets and liabilities, stamped “received” by the BIR
or its duly accredited and authorized institutions, for the
preceding calendar year which should not be earlier that
two (2) years from the date of bid submission.

vii) The prospective bidder’s computation of Net Financial

Contracting Capacity (NFCC). However, in the case of
procurement of Goods, a bidder may submit a committed
Line of Credit from a Universal or Commercial Bank, in lieu
of its NFCC computation.

Original copies of Class “A” Eligibility Legal Documents, such as

the SEC, DTI, or the CDA registration certificate and the Mayor’s
permit, may not be submitted on the date and the time of the bid
submission. However, the bidder must be able to present such
original copies during post-qualification or upon demand by the
BAC or its authorized representatives.

B. Class “B” Documents

In the case of joint venture, bidders shall submit a valid joint

venture agreement (JVA) in case the joint venture is already in
existence. In the absence of a JVA, duly notarized statements
from all the potential joint venture partners should be included in
the bid, stating that they will enter into and abide by the
provisions of JVA in the event that the bid is successful. Failure
to enter into a joint venture in the event of a contract award shall
be ground for the forfeiture of the bid security.

Each partner of the joint venture shall submit their respective

PhilGEPS Certificates of Registration in accordance with Section
8.5.2 of the IRR. The submission of technical and financial
eligibility documents by any of the joint venture partners
constitutes compliance: Provided that the statement of all ongoing
contract and the Audited Financial Statement to be considered by
the BAC shall be that of the partner whose NFCC was submitted.

In connection with the requirement referred to in BDS Clause

12.1(A)(v) above, for a Contract or Purchase Order (P.O.) to be
considered completed, it should have been accepted and duly
issued a Certificate of Completion (COC), or any document of
similar import with corresponding supporting documents, to wit:

• Invoices showing at least ninety (90%) of Contract or P.O.

has been paid, signed by its Head of the Procuring Entity
(HoPE) or its duly authorized representative in case of
government contracts; or

• End-user’s Acceptance in case of private contracts, ninety

54
 SECTION III. BID DATA SHEET

percent (90%) of which has been paid.

Failure to include a material ongoing contract or failure to disclose

complete information in the statement of contracts shall result in
the following:

a. Disqualification of the bidder for non-compliance with the

eligibility requirement under Sections 23.1 or 24.1 of the
revised IRR.

b. Blacklisting under Section 65.3 (a) or (b) of the revised IRR.

In case the bidder has no ongoing contract, the bidder shall

submit a duly signed Statement of All Ongoing Government and
Private Contracts form provided in Section VIII, Bidding Forms and
indicate “No Ongoing Contract” or “None” or “Not Applicable
(N/A)” in said form; otherwise, the bid shall be rejected or
disqualified.

Bidders with ongoing project/s with DepEd are allowed to bid for
this project, provided:

1. The ongoing project will be subject to verification/validation as

part of the post qualification pursuant to section 34.3 (iii) of
the revised IRR of RA 9184.

2. BAC will determine during post qualification if the unfinished

projects may impact on the implementation of the new project.

12.1(a) Bidders shall be guided by the provisions of GPPB Resolutions no.

26-2017, which states, as follows:
“4.0 Deferment of Mandatory Submission of PhiGEPS
Certificate of Registration and Membership
“4.1 To provide prospective bidders with additional time to
register with PhilGEPS under the Platinum Membership
category and to synchronize with the PhilGEPS
Modernization, the Government Procurement Policy Board
resolved to approved, by referendum, the deferment of the
implementation of mandatory submission of PhilGEPS
Certificate of Registration and Membership in Competitive
Bidding under Section 8.5.2 of the 2016 Revised IRR of
RA 9184, thus:
“4.1.1 For all procurement projects advertised and/or
posted after the effectivity of this Circular, bidders may
still submit their Class “A” Eligibility Documents required
to be uploaded and maintained current and updated in
the PhilGEPS pursuant to Section 8.5.2 of the IRR, or if
already registered in the PhilGEPS under Platinum

55
 SECTION III. BID DATA SHEET

category, their Certificate of Registration and Membership

in lieu of their uploaded file of Class “A” Documents, or a
combination thereof. In case the bidder opted to submit
their Class “A” Documents, the Certificate of PhilGEPS
Registration (Platinum Membership) shall remain as a
post-qualification requirements to be submitted in
accordance with Section34.2 of 2016 Revised IRR of RA
9184;”

12.1(a)(vi) For foreign bidders or Filipino firms in JV with foreign bidders,

each firm must submit a valid Tax Clearance Certificate issued by
the Bureau of Internal Revenue, Quezon City, Philippines;
otherwise the bid shall be automatically rejected or disqualified.
There is no equivalent document for this requirement.
12.1(b)(i) Technical Documents: Bid Security
Original Bid Security shall be submitted inside the Technical
Component envelope. Bid security in the form of
cashier’s/manager’s check shall be made payable to “Department
of Education – OSEC Trust.”
Bid Securing Declarations must be in the standard form and the
required fields of information should be properly filled out,
otherwise, it shall be a ground for disqualification of the bids.
12.1(b)(ii) Technical Documents: Conformity with the Technical
Specifications

To be submitted in the Eligibility and Technical Component

Envelope

Duly accomplished and signed Bidder’s Statement of Compliance

following the template found in Section VII. Technical
Specifications. The statement of compliance to technical
specifications must strictly observe the requirement on cross-
referencing to appropriate evidence.

12.1(b)(iii) Technical Documents: Omnibus Sworn Statement

For purposes of the Omnibus Sworn Statement, the statement

pertaining to the authority of the signatory must be supported by
the following documents:

For sole proprietorship, a duly notarized Special Power of

Attorney;

For partnership, corporation, cooperative or joint venture, a duly

notarized Secretary’s Certificate issued by the entity or members
of the joint venture.

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 SECTION III. BID DATA SHEET

13.1 No additional requirements

13.1 The original duly signed and accomplished Financial Bid Form
and the original duly signed and accomplished with ITB Clause
15.

Bill of quantities may not be submitted; The Price Schedule(s),

Schedule of Requirements and/or Technical Specifications shall
serve as the Bill of Quantities or List of Goods.
13.1(b) No further instructions.

13.1(c) No additional requirements.

13.2 The Approved Budget for the Contract (ABC) shall refer to the
approved budget ceiling allocated to each of the lot items, and
shall be as indicated in the Invitation to Bid, this BDS and Section
VI. Schedule of Requirements of this bidding documents.

Any bid with financial component exceeding the applicable amount

of ABC shall not be accepted, and would constitute as ground for
disqualification for that particular item.

15.1 Bid prices should be written in two (2) decimal places only. Bid
prices that are written in more than two (2) decimal places shall be
rounded off.

Results of bid evaluation that will exceed the ABC shall be a

ground for rejection of the bid(s).

15.2 The Bidder shall fill in the rates and/or prices for all the Goods or
items described in the Schedule of Requirements and complete the
appropriate Price Schedules in its prescribed form included in
Section VIII. Bidding Forms.

The Bill of Quantities described in ITB Clause 15.2, may not be

submitted.

The bidder shall fill in prices indicated on the Price Schedule for
inland transportation, insurance and other local costs incidental
to the delivery of the Goods to their final destination, including all
customs duties and sales and taxes already paid or payable.

15.4(a)(iv) Incidental services are as required under SCC of the bidding

documents.

15.4(b) Bid Prices, Goods offered from Abroad

“The price of the Goods shall be quoted DDP delivered Project

Site(s) ”, or the applicable INCOTERMS for this Project.

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 SECTION III. BID DATA SHEET

16.1(b) The Bid prices for Goods supplied from outside of the Philippines
shall be quoted in Philippine Pesos.

16.3 Payment shall be made in Philippine Pesos.

17.1 Bids will be valid for 120 calendar days from date of bid opening.
Bids valid for a shorter period shall be rejected outright as non-
responsive.

18.1 The bid security shall be in the following forms and amount not
less than the required percentage of the ABC in accordance with
the following:

Amount of Bid Security

Form of Bid Security
(Equal to Percentage of the ABC)
(a) Cashier’s/manager’s check issued by a
Universal or Commercial Bank.

(b) Bank draft/guarantee or irrevocable letter

Two percent (2%)
of credit issued by a Universal or
Commercial Bank: Provided, however, that
it shall be confirmed or authenticated by a
Universal or Commercial Bank, if issued by
a foreign bank.
(c) Surety bond callable upon demand issued
by a surety or insurance company duly
Five percent (5%)
certified by the Insurance Commission as
authorized to issue such security.
(d) Bid Securing Declaration No percentage required

1. Original Bid Security shall be submitted inside the “Technical

Component Envelope, otherwise, the bid shall be rejected or
disqualified.

2. Bid Security in the form of Cash should be deposited by the

Bidder to the DepEd Cashier prior to bid submission; and
submit the original Official Receipt inside the Technical
Component Envelope.

3. Bid security in the form of cashier’s/manager’s check should be

made payable to “DECS-OSEC Trust”

4. The Bid Securing Declaration must be original and should

follow the standard form and the required fields of information
should be properly filled out, otherwise, it shall be a ground for
disqualification of the bids.

5. Bid security in the amount exceeding the required amount of

the appropriate bid security stated above is not a ground for
disqualification of the bidder’s bid.

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 SECTION III. BID DATA SHEET

Forms of Bid Security (In Php)

Bank draft/guarantee Surety bond
or irrevocable letter of callable upon
credit issued by a demand issued
Cashier’s / Universal or by a surety or
manager’s Commercial Bank: insurance Bid Securing
ABC check issued Provided, however, that company duly Declaration
(in PhP) by a Universal it shall be confirmed or certified by the (no
or Commercial authenticated by a Insurance percentage
Bank Universal or Commission as required)
(2% of ABC) Commercial Bank, if authorized to
issued by a foreign issue such
bank security
(2% of ABC) (5% of ABC)

4,972,415.20 99,448.30 99,448.30 248,620.76 -

The bid security shall be valid for 120 calendar days reckoned
from the date of the opening of bids. Bids with bid security valid
18.2 for a shorter period shall be rejected outright as non-responsive.

Bid securities shall be turned over to the DepEd Cash Division for
custody.

20.1 Bidders shall enclose their original eligibility and technical

documents described in ITB Clause 12 in one sealed envelope
marked “ORIGINAL – TECHNICAL COMPONENT”, and the
original of their financial component described in ITB Clause 13
in another sealed envelope marked “ORIGINAL – FINANCIAL
COMPONENT.” In addition, the Bidders shall submit a copy of
each of the Technical Component and the Financial Component
(hard and soft copy) of their bids in separate envelopes,
respectively. Then, the bidders shall seal and mark the original
and the copies of their bids in accordance with BDS 20.2.

In the event of any discrepancy between the original and the copy,
the original shall prevail.

Original copies of the Class “A” Eligibility Legal Documents, such

as the SEC, DTI, or the CDA registration certificate and the
Mayor’s Permit, may not be submitted on the date and the time of
the bid submission. However, the bidder must be able to present
such original copies during post- qualification on demand by the
BAC or its authorized representative(s).

The Technical Component is inclusive of the Eligibility Documents

described in ITB 12.

20.2 The inner and outer envelopes of the Technical Component and
the Financial Component of the bids shall be marked in
accordance with ITB Clause 20.4

To facilitate the receipt and classification of bid envelopes, outer

59
 SECTION III. BID DATA SHEET

envelopes shall be color RED, inner envelope containing

Technical Proposal shall be color Blue and inner envelope
containing Financial Proposal shall be color Green.

The following documents which are to be submitted as part of the

bids must be produced in electronic forms recorded on three (3)
CDs (both Word format and PDF(or read-only) format)

1. Statement of Compliance with Technical Specifications

2. Filled out Price Schedule
3. Filled out Net Financial Contracting Capacity (NFCC)

In case of discrepancy in the substance and content between the

printed copies and the CDs, the printed copies shall prevail. Non-
submission of CDs will not be a ground for disqualification, but
the bidder may be required to submit the same during the
opening of the financial envelopes.

Post qualification documents maybe submitted during the bidding

but this does not disqualify bidders who will not submit post
qualification documents during bid submission.

20.3 Subject to BDS Clause 20.1 and 20.2. Each Bidder shall submit
three (3) paper copies of its bid.
20.5 Unsealed or unmarked outer bid envelopes shall be rejected.
However, bid envelopes that are not properly sealed and marked,
as required in the Bidding Documents, shall be accepted, provided
that the bidder or its duly authorized representative shall
acknowledge such condition of the bid as submitted. The BAC
shall assume no responsibility for the misplacement of the
contents of the improperly sealed or marked bid, or for its
premature opening. (n)
21 The address for submission of bids is Bureau of Curriculum
Development Conference Room, 3rd Floor, Bonifacio Building
DepEd Complex, Pasig City.

The deadline for submission of bids is July 8, 2019; 9:00 A.M.

24.1 The place of bid opening is Bureau of Curriculum Development

Conference Room, 3rd Floor, Bonifacio Building DepEd
Complex, Pasig City.

The date and time of bid opening is July 8, 2019; 9:00 A.M.

“In case the bids cannot be opened as scheduled due to justifiable

reasons, the BAC shall take custody of the bids submitted and
rescheduled the opening of bids on the next working day or at the
soonest possible time through the issuance of a Notice of
Postponement to be posted in the PhilGEPS website and the

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 SECTION III. BID DATA SHEET

website of DepEd”.

24.2 No further instructions.

24.3 No further instructions.

25.1 The “NO CONTACT RULE” shall be strictly observed. Bidders are
not allowed to call or talk to any member of the Bids and Awards
Committee (BAC), Technical Working Group (TWG) or Secretariat.

27.1 No further instructions.

28.3 The items to be procured are grouped in Lots. Bidders shall have
the option of submitting a proposal on any or all lots. Bidders must
bid for all items in the lot bid for; otherwise, the bid shall be
rejected. Lot shall not be divided further into sub-lots for the
purpose of bidding, evaluation, and contract award. Evaluation and
contract award will be undertaken on a “per-lot” basis.

28.3(b) Arithmetical Computation

Bid modification shall be allowed only in accordance with ITB

Clause 23.

28.4
The Procuring Entity’s evaluation of bids shall only be based on the
bid price(s) quoted in the Financial Bid Form(s) and/or the Price
Schedule(s). Bid modification shall be allowed only in accordance
with ITB Clause 23.

28.5 The evaluation of bids shall only be based on the bid price(s)
quoted in the Financial Bid Form(s) and the Price Schedule(s).

29.1
1. Upon demand by the BAC or its representative(s), a bidder with
the lowest calculated bid shall present or submit the following:

a. Documents to confirm or support its Statement of Ongoing

and/or Statement identifying its Aggregate Largest
Completed Contracts which may consist of contracts,
purchase orders, agreements, notices of award, job orders,
or notices to proceed, with the corresponding duly signed
certificate of completion, delivery receipts, inspection and
acceptance reports, certificates of final acceptance or
official receipts.
b. Original copy of the submitted eligibility, technical and
financial documents during bid opening.
29.2 Within a non-extendible period of five (5) calendar days from
receipt by the bidder of the notice from the BAC that it submitted
the LCB, the Bidder shall submit the following requirements:

a. Latest income and business tax returns: Printed copies of

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 SECTION III. BID DATA SHEET

the Electronically filed Income Tax and Business Tax

Returns with copies of their respective Payment
Confirmation Forms for the immediately preceding
calendar/tax year from the authorized agent bank; and
b. Other appropriate licenses and permits required by law or
as may be prescribed by the BAC.

The envelope shall be placed in a brown envelope and marked:

 ITB 29.2 Documents
 Name of Project:
 Bid Opening Date:
 Name of Bidder:

During post-qualification, upon demand by the BAC or its

representative(s), a bidder with the lowest calculated bid shall be
able to present:

1. Documents to verify or support its Statement of On-

going and/ or Statement identifying its Single Largest
Completed Contract which may consist of the following:
appropriate and clear duly signed contracts, purchase
orders, agreements, notices of award, job orders, or
notices to proceed, with the corresponding duly signed
certificate of completion, delivery receipts, inspection
and acceptance reports, certificates of final acceptance
or official receipts

2. original copy of the submitted eligibility, technical and

financial documents during bid opening

Failure to submit above requirements within the required

timeframe or a finding against the veracity of any such documents
or other documents submitted for the project shall be a ground for
enforcement of the bid securing declaration and disqualification of
the bidder for the award.
29.2(a) Only tax returns filed and taxes paid through the BIR Electronic
Filing and Payment System (EFPS) shall be accepted. (as
amended by GPPB Res. No. 11-2013)
Printed copies of the Electronically filed Income Tax and Business
Tax Returns with copies of their respective Payment Confirmation
Forms for the immediate preceding calendar/tax year from the
authorized agent bank shall be submitted.

NOTE: The latest income and business tax returns are those within
the last six months preceding the date of bid submission.
29.2(c) No further instructions.
29.4 In accordance with GPPB Circular No.06-2005 dated August 5,

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 SECTION III. BID DATA SHEET

2005, in case of a tie or equal bids having been post-qualified,

DepEd shall use “draw lots” or similar methods of chance to
break the tie.
31 Determination of award shall be on a per lot basis.
32.4(g) No further instructions.
32.4(f) No additional document

33.2 The successful bidder shall furnish the performance security in any
of the forms prescribed in ITB Clause 33.2 and amount not less
than the required percentage of the ABC, and shall remain valid
until thirty (30) days from issuance by the Procuring Entity of the
Certificate of Final Acceptance and must be co-terminus with the
Project.

The performance security posted shall be turned-over to the DepEd

Cash Division for custody.

The Supplier shall be responsible for the extension of its

performance security during the remaining period or duration of
the Project reckoned from the date of the effectivity of the contract,
or for any contract time extension granted by the Procuring Entity,
which shall be valid until final acceptance of the Project.

34.2 Consistent with Section 37.4.1 of the IRR of RA 9184, 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 its issuance.

63
Section IV. General Conditions of
Contract

64
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.

65
 TABLE OF CONTENTS

1. DEFINITIONS................................................................................................................................... 67
2. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE PRACTICES ........................ 68
3. INSPECTION AND AUDIT BY THE FUNDING SOURCE ...................................................... 69
4. GOVERNING LAW AND LANGUAGE.......................................................................................... 70
5. NOTICES ........................................................................................................................................... 70
6. SCOPE OF CONTRACT ................................................................................................................. 70
7. SUBCONTRACTING ....................................................................................................................... 70
8. PROCURING ENTITY’S RESPONSIBILITIES ......................................................................... 71
9. PRICES .............................................................................................................................................. 71
10. PAYMENT ..................................................................................................................................... 71
11. ADVANCE PAYMENT AND TERMS OF PAYMENT ........................................................... 72
12. TAXES AND DUTIES ................................................................................................................. 73
13. PERFORMANCE SECURITY ................................................................................................... 73
14. USE OF CONTRACT DOCUMENTS AND INFORMATION............................................... 74
15. STANDARDS ................................................................................................................................ 74
16. INSPECTION AND TESTS ........................................................................................................ 74
17. WARRANTY.................................................................................................................................. 75
19. LIQUIDATED DAMAGES .......................................................................................................... 77
20. SETTLEMENT OF DISPUTES ................................................................................................. 77
21. LIABILITY OF THE SUPPLIER............................................................................................... 78
22. FORCE MAJEURE ..................................................................................................................... 78
23. TERMINATION FOR DEFAULT.............................................................................................. 78
24. TERMINATION FOR INSOLVENCY....................................................................................... 79
25. TERMINATION FOR CONVENIENCE ................................................................................... 79
26. TERMINATION FOR UNLAWFUL ACTS .............................................................................. 80
27. PROCEDURES FOR TERMINATION OF CONTRACTS.................................................... 81
28. ASSIGNMENT OF RIGHTS ...................................................................................................... 82
29. CONTRACT AMENDMENT ...................................................................................................... 82
30. APPLICATION ............................................................................................................................. 82

66
1. Definitions
1.1. In this Contract, the following terms shall be interpreted as
indicated:

(a) “The Contract” means the agreement entered into between

the Procuring Entity and the Supplier, as recorded in the
Contract Form signed by the parties, including all
attachments and appendices thereto and all documents
incorporated by reference therein.

(b) “The Contract Price” means the price payable to the

Supplier under the Contract for the full and proper
performance of its contractual obligations.

(c) “The Goods” means all of the supplies, equipment,

machinery, spare parts, other materials and/or general
support services which the Supplier is required to provide
to the Procuring Entity under the Contract.

(d) “The Services” means those services ancillary to the

supply of the Goods, such as transportation and
insurance, and any other incidental services, such as
installation, commissioning, provision of technical
assistance, training, and other such obligations of the
Supplier covered under the Contract.

(e) “GCC” means the General Conditions of Contract

contained in this Section.

(f) “SCC” means the Special Conditions of Contract.

(g) “The Procuring Entity” means the organization purchasing

the Goods, as named in the SCC.

(h) “The Procuring Entity’s country” is the Philippines.

(i) “The Supplier” means the individual contractor,

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

(j) The “Funding Source” means the organization named in

the SCC.

(k) “The Project Site,” where applicable, means the place or

places named in the SCC.

(l) “Day” means calendar day.

67
 (m) The “Effective Date” of the contract will be the date of
signing the contract; however the Supplier shall
commence performance of its obligations only upon
receipt of the Notice to Proceed and copy of the approved
contract.

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

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

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

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

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

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

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

(ii) "fraudulent practice" means a misrepresentation of

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

(iii) “collusive practices” means a scheme or

arrangement between two or more Bidders, with or
without the knowledge of the Procuring Entity,

68
 designed to establish bid prices at artificial, non-
competitive levels.

(iv) “coercive practices” means harming or threatening

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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

(bb) acts intended to materially impede the

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

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

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

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

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

3. Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the
Supplier’s accounts and records relating to the performance of the

69
 Supplier and to have them audited by auditors appointed by the
Funding Source, if so required by the Funding Source.

4. Governing Law and Language

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

4.2. This Contract has been executed in the English language,

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

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

5.2. A Party may change its address for notice hereunder by giving
the other Party notice of such change pursuant to the
provisions listed in the SCC for GCC Clause 5.1.

6. Scope of Contract
6.1. The Goods and Related Services to be provided shall be as specified in
Section VI. Schedule of Requirements

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

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

70
 own acts, defaults, or negligence, or those of its agents,
servants or workmen.

7.2. If subcontracting is allowed, the Supplier may identify its

subcontractor during contract implementation. Subcontractors
disclosed and identified during the bidding may be changed
during the implementation of this Contract. In either case,
subcontractors must submit the documentary requirements
under ITB Clause 12 and comply with the eligibility criteria
specified in the BDS. In the event that any subcontractor is
found by the Procuring Entity to be ineligible, the
subcontracting of such portion of the Goods shall be
disallowed.

8. Procuring Entity’s Responsibilities

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

8.2. The Procuring Entity shall pay all costs involved in the
performance of its responsibilities in accordance with GCC
Clause 6.

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

9.2. Prices charged by the Supplier for Goods delivered and/or

services performed under this Contract shall not vary from the
prices quoted by the Supplier in its bid, with the exception of
any change in price resulting from a Change Order issued in
accordance with GCC Clause 29.

10. Payment
10.1. Payments shall be made only upon a certification by the HoPE
to the effect that the Goods have been rendered or delivered in
accordance with the terms of this Contract and have been duly
inspected and accepted. Except with the prior approval of the
President no payment shall be made for services not yet
rendered or for supplies and materials not yet delivered under

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 this Contract. At least one percent (1%) but not to exceed five
percent (5%) of the amount of each payment shall be retained
by the Procuring Entity to cover the Supplier’s warranty
obligations under this Contract as described in GCC Clause
17.

10.2. The Supplier’s request(s) for payment shall be made to the

Procuring Entity in writing, accompanied by an invoice
describing, as appropriate, the Goods delivered and/or
Services performed, and by documents submitted pursuant to
the SCC provision for GCC Clause 6.2, and upon fulfillment of
other obligations stipulated in this Contract.

10.3. Pursuant to GCC Clause 10.2, payments shall be made

promptly by the Procuring Entity, but in no case later than
sixty (60) days after submission of an invoice or claim by the
Supplier. Payments shall be in accordance with the schedule
stated in the SCC.

10.4. Unless otherwise provided in the SCC, the currency in which

payment is made to the Supplier under this Contract shall be
in Philippine Pesos.

10.5. Unless otherwise provided in the SCC, payments using Letter

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

11. Advance Payment and Terms of Payment

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

11.2. All progress payments shall first be charged against the

advance payment until the latter has been fully exhausted.

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

the SCC, the terms of payment shall be as follows:
(a) On Contract Signature: Fifteen Percent (15%) of the
Contract Price shall be paid within sixty (60) days from
signing of the Contract and upon submission of a claim
and a bank guarantee for the equivalent amount valid
until the Goods are delivered and in the form provided in
Section VIII. Bidding Forms.

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 (b) On Delivery: Sixty-five percent (65%) of the Contract Price
shall be paid to the Supplier within sixty (60) days after
the date of receipt of the Goods and upon submission of
the documents (i) through (vi) specified in the SCC
provision on Delivery and Documents.

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

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

12. Taxes and Duties

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

13. Performance Security

13.1. Within ten (10) calendar days from receipt of the Notice of
Award from the Procuring Entity but in no case later than the
signing of the contract by both parties, the successful Bidder
shall furnish the performance security in any the forms
prescribed in the ITB Clause 33.2.

13.2. The performance security posted in favor of the Procuring

Entity shall be forfeited in the event it is established that the
winning bidder is in default in any of its obligations under the
contract.

13.3. The performance security shall remain valid until issuance by

the Procuring Entity of the Certificate of Final Acceptance.

13.4. The performance security may be released by the Procuring

Entity and returned to the Supplier after the issuance of the
Certificate of Final Acceptance subject to the following
conditions:

(a) There are no pending claims against the Supplier or the

surety company filed by the Procuring Entity;

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

(c) Other terms specified in the SCC.

13.5. In case of a reduction of the contract value, the Procuring

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

14. Use of Contract Documents and Information

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

14.2. Any document, other than this Contract itself, enumerated in

GCC Clause 14.1 shall remain the property of the Procuring
Entity and shall be returned (all copies) to the Procuring Entity
on completion of the Supplier’s performance under this
Contract if so required by the Procuring Entity.

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

16. Inspection and Tests

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

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

16.3. The Procuring Entity or its designated representative shall be

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

16.4. The Procuring Entity may reject any Goods or any part thereof
that fail to pass any test and/or inspection or do not conform
to the specifications. The Supplier shall either rectify or replace
such rejected Goods or parts thereof or make alterations
necessary to meet the specifications at no cost to the Procuring
Entity, and shall repeat the test and/or inspection, at no cost
to the Procuring Entity, upon giving a notice pursuant to GCC
Clause 5.

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

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

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

17.3. In order to assure that manufacturing defects shall be

corrected by the Supplier, a warranty shall be required from
the Supplier for a minimum period specified in the SCC. The

75
 obligation for the warranty shall be covered by, at the
Supplier’s option, either retention money in an amount
equivalent to at least three percent (3%) of every progress
payment, or a special bank guarantee equivalent to at least
three percent (3%) of the total Contract Price or other such
amount if so specified in the SCC. The said amounts shall only
be released after the lapse of the warranty period specified in
the SCC; provided, however, that the Supplies delivered are
free from patent and latent defects and all the conditions
imposed under this Contract have been fully met.

17.4. The Procuring Entity shall promptly notify the Supplier in

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

17.5. If the Supplier, having been notified, fails to remedy the

defect(s) within the period specified in GCC Clause 17.4, the
Procuring Entity may proceed to take such remedial action as
may be necessary, at the Supplier’s risk and expense and
without prejudice to any other rights which the Procuring
Entity may have against the Supplier under the Contract and
under the applicable law.

18. Delays in the Supplier’s Performance

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

18.2. If at any time during the performance of this Contract, the

Supplier or its Subcontractor(s) should encounter conditions
impeding timely delivery of the Goods and/or performance of
Services, the Supplier shall promptly notify the Procuring
Entity in writing of the fact of the delay, its likely duration and
its cause(s). As soon as practicable after receipt of the
Supplier’s notice, and upon causes provided for under GCC
Clause 22, the Procuring Entity shall evaluate the situation
and may extend the Supplier’s time for performance, in which
case the extension shall be ratified by the parties by
amendment of Contract.

18.3. Except as provided under GCC Clause 22, a delay by the

Supplier in the performance of its obligations shall render the
Supplier liable to the imposition of liquidated damages
pursuant to GCC Clause 19, unless an extension of time is
agreed upon pursuant to GCC Clause 29 without the
application of liquidated damages.

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

20. Settlement of Disputes

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

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

20.3. Any dispute or difference in respect of which a notice of

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

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

20.5. Notwithstanding any reference to arbitration herein, the parties

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

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

21.2. Except in cases of criminal negligence or willful misconduct,

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

22. Force Majeure

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

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

22.3. If a force majeure situation arises, the Supplier shall promptly

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

23. Termination for Default

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

(a) Outside of force majeure, the Supplier fails to deliver or

perform any or all of the Goods within the period(s)
specified in the contract, or within any extension thereof

78
 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 ninety (90) calendar days after receipt of
the notice from the Procuring Entity stating that the
circumstance of force majeure is deemed to have ceased;
or

(c) The Supplier fails to perform any other obligation under

the Contract.

23.2. In the event the Procuring Entity terminates this Contract in

whole or in part, for any of the reasons provided under GCC
Clauses 23 to 26, the Procuring Entity may procure, upon
such terms and in such manner as it deems appropriate,
Goods or Services similar to those undelivered, and the
Supplier shall be liable to the Procuring Entity for any excess
costs for such similar Goods or Services. However, the
Supplier shall continue performance of this Contract to the
extent not terminated.

23.3. In case the delay in the delivery of the Goods and/or

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

24. Termination for Insolvency

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

25. Termination for Convenience

25.1. The Procuring Entity may terminate this Contract, in whole or
in part, at any time for its convenience. The HoPE may
terminate a contract for the convenience of the Government if
he has determined the existence of conditions that make
Project Implementation economically, financially or technically
impractical and/or unnecessary, such as, but not limited to,

79
 fortuitous event(s) or changes in law and national government
policies.

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

(a) to have any portion delivered and/or performed and paid

at the contract terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed

amount for partially completed and/or performed goods
and for materials and parts previously procured by the
Supplier.

25.3. If the Supplier suffers loss in its initial performance of the

terminated contract, such as purchase of raw materials for
goods specially manufactured for the Procuring Entity which
cannot be sold in open market, it shall be allowed to recover
partially from this Contract, on a quantum meruit basis. Before
recovery may be made, the fact of loss must be established
under oath by the Supplier to the satisfaction of the Procuring
Entity before recovery may be made.

26. Termination for Unlawful Acts

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

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

ITB Clause 3.1(a);

(b) Drawing up or using forged documents;

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

engaging in production contrary to rules of science or the
trade; and

(d) Any other act analogous to the foregoing.

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27. Procedures for Termination of Contracts
27.1. The following provisions shall govern the procedures for
termination of this Contract:

(a) Upon receipt of a written report of acts or causes which

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

(b) Upon recommendation by the Implementing Unit, the

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

(i) that this Contract is being terminated for any of the

ground(s) afore-mentioned, and a statement of the
acts that constitute the ground(s) constituting the
same;

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

part;

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

why this Contract should not be terminated; and

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

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

of the Verified Report;

(d) Within a period of seven (7) calendar days from receipt of

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

(e) The Procuring Entity may, at any time before receipt of

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

81
 (f) Within a non-extendible period of ten (10) calendar days
from receipt of the verified position paper, the HoPE shall
decide whether or not to terminate this Contract. It shall
serve a written notice to the Supplier of its decision and,
unless otherwise provided, this Contract is deemed
terminated from receipt of the Supplier of the notice of
decision. The termination shall only be based on the
ground(s) stated in the Notice to Terminate;

(g) The HoPE may create a Contract Termination Review

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

(h) The Supplier must serve a written notice to the Procuring

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

28. Assignment of Rights

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

29. Contract Amendment

Subject to applicable laws, no variation in or modification of the terms
of this Contract shall be made except by written amendment signed by
the parties.

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

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Section V. Special Conditions of
Contract

83
Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the
Procuring Entity in providing contract-specific information in relation to
corresponding clauses in the GCC.

The provisions of this Section complement the GCC, specifying contractual

requirements linked to the special circumstances of the Procuring Entity, the
Procuring Entity’s country, the sector, and the Goods purchased. In preparing
this Section, the following aspects should be checked:

(a) Information that complements provisions of Section IV must be

incorporated.

(b) Amendments and/or supplements to provisions of Section IV, as

necessitated by the circumstances of the specific purchase, must also be
incorporated.

However, no special condition which defeats or negates the general intent and
purpose of the provisions of Section IV should be incorporated herein.

For foreign-assisted projects, the Special Conditions of Contract to be used is

provided in Section IX-Foreign-Assisted Projects.

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 Special Conditions of Contract
GCC
Clause
1.1(g) The Procuring Entity is Department of Education
(DepEd) – Asset Management Division.
1.1(i) The Supplier is [to be inserted at the time of contract
award].
1.1(j) The Funding Source is

The Government of the Philippines (GOP) through FY

2019 General Appropriations Act (GAA), in the amount of
Philippine Pesos Four Million, Nine Hundred Seventy-
Two Thousand, Four Hundred Fifteen and 20/100
(Php 4,972,415.20).
1.1(k) The Project site is Department of Education, Central
Office, Meralco Ave., Pasig City.
2.1 No further instructions.
5.1 The Procuring Entity’s address for Notices is:
Maritess L. Ablay
Chief Administrative Officer
AS-Asset Management Division
Department of Education
Ground Floor, Teodora Alonzo Building, DepEd Central
Office Complex, Meralco Avenue, Pasig City
Telephone Nos. 635-0551

The Supplier’s address for Notices is: [to be inserted at

the time of contract award - address including, name of
contact, fax and telephone number]
6.2 (v) Delivery receipt detailing number and description
of items received signed by the Procuring Entity’s
representative at the Project Site;
(vi) Certificate of Acceptance/Inspection Report
signed by the Procuring Entity’s representative at
the Project Site; and
(vii) Four copies of the Invoice Receipt for Property
signed by the Procuring Entity’s representative at
the Project Site.
For purposes of this Clause the Procuring Entity’s
Representative at the Project Site is [insert name(s)].

85
Incidental Services –
The Supplier is required to provide all of the incidental
and additional services as specified in Section VI.
Schedule of Requirements, among which are as follows:
(a) performance or supervision of on-site assembly
and/or startup of the supplied Goods, as may be
applicable to the goods supplied;
(b) furnishing of tools required for assembly and/or
maintenance of the supplied Goods, as may be
applicable to the goods supplied;
(c) furnishing of a detailed operations and
maintenance manual for each appropriate unit of
the supplied Goods, as may be applicable to the
goods supplied;
(d) performance or supervision or maintenance
and/or repair of the supplied Goods, as may be
applicable to the goods supplied, for a period of
time agreed by the parties, provided that this
service shall not relieve the Supplier of any
warranty obligations under this Contract; and
(e) training of the Procuring Entity’s personnel, at
the Supplier’s plant and/or on-site, in assembly,
start-up, operation, maintenance, and/or repair
of the supplied Goods, as may be applicable to
the goods supplied;
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.
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.

Spare Parts –
As may be reasonably required by Deped, the Supplier
shall provide all of the following materials, notifications,
and information pertaining to spare parts manufactured
or distributed by the Supplier: or distributed by the
Supplier:
(a) such spare parts as the Procuring Entity may

86
 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 Supplier shall carry sufficient inventories to assure
ex-stock supply of spare parts for the Goods that will be
sustained for a minimum of five (5) years from the date
the goods were procured.
Other spare parts and components must be available
nationwide and shall be supplied as promptly as
possible, but in any case within one (1) month of
placing the order.
Packaging –
The Supplier shall provide such packaging of the Goods
as is required to prevent their damage or deterioration
during transit to their final destination, as indicated in
this Contract. The packaging shall be sufficient to
withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and
precipitation during transit, and open storage.
Packaging case size and weights shall take into
consideration, where appropriate, the remoteness of the
GOODS’ final destination and the absence of heavy
handling facilities at all points in transit.
The packaging, marking, and documentation within
and outside the packages shall comply strictly with
such special requirements as shall be expressly
provided for in the Contract, including additional
requirements, if any, specified below, and in any
subsequent instructions ordered by the Procuring
Entity.
The outer packaging must be clearly marked on at least

87
four (4) sides as follows:
“Name of the Procuring
Entity Name of the
Supplier Contract
Description
Final
Destination
Gross weight
Any special lifting
instructions Any special
handling instructions
Any relevant HAZCHEM classifications”
A packaging list identifying the contents and quantities
of the package is to be placed on an accessible point of
the outer packaging if practical. If not practical the
packaging list is to be placed inside the outer packaging
but outside the secondary packaging.
Insurance –
The Goods supplied under this Contract shall 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
deemed 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 deemed 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

88
 and presents to the Procuring Entity certification to this
effect from the nearest Philippine consulate to the port
of dispatch. In the event that carriers of Philippine
registry are available but their schedule delays the
Supplier in its performance of this Contract the period
from when the Goods were first ready for shipment and
the actual date of shipment the period of delay will be
considered force majeure in accordance with GCC
Clause 22.
The Procuring Entity accepts no liability for the damage
of Goods during transit 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 free and/or indemnify the Procuring
Entity against all thirdparty claims of infringement of
patent, trademark, or industrial design rights arising
from use of the Goods or any part thereof.

10.1 Payment

Payments shall be made subject to the provisions of

Clause 4.8 of DepEd Order (DO) no. 67 s. 2016, as
amended by D.O. No. 006 s. 2019, on the delegated
signing authorities involving claims for payment of
procurement deliveries.
10.3 Payment
The method and conditions of payment to be made to the
Supplier through the Government disbursement
procedure within sixty (60) days from submission of
documents under this Contract shall be as follows:

Progress Payments: Payment shall be made on the

basis of per unit cost of the actual deliveries. Payment
shall be made within sixty (60) days after the date of
acceptance of the Goods at the project site and upon
submission of the documents (i) to (viii) specified in SCC
for GCC Clause 6.2, on best effort basis.

subject to the “Warranty” provision in the form of either

retention money in an amount equivalent to at least one
percent (1%) of every progress payment, or a special
bank guarantee in the amount equal to at least one

89
 percent (1%) of the Contract Price required in Section
62 of RA 9184 and its IRR.

The retention money or special bank guarantee shall be

released only after the lapse of the Warranty in SCC
Clause 17.3.

10.4 Payment shall be made in Philippine Pesos.

11.1
In accordance with Clause 4, Annex D of 2016 Revised
IRR of RA 9184 as amended Memorandum Order No.
15, s. 2011, upon submission of irrevocable letter of
credit or bank guarantee issued by a Universal or
Commercial Bank, advance payment not to exceed
fifteen percent (15%) of the contract amount shall be
allowed and paid within sixty (60) calendar days from
signing of the contract. The irrevocable letter of credit or
bank guarantee must be for an equivalent amount, shall
remain valid until the goods are delivered, accompanied
by a claim for advance payment.
The remaining balance of the Contract Price shall be
paid to the supplier upon complete delivery of the
requirement per lot shall be paid to the Supplier within
sixty (60) days after the date of acceptance of the Goods
at the Project Site and upon submission of the
documents (i) to (vii) specified in SCC for GCC Clause
6.2.
13.4 The supplier shall be responsible for the extension of its
performance security during the remaining period or
duration of the Project reckoned from the date of the
effectivity of the contract/purchase order, or for any
contract/purchase order time extension granted by the
Procuring Entity, which shall be valid until final
acceptance of the Project.
13.4(c) No further instructions.
16.1 The inspections and tests that will be conducted are:

1. The Procuring Entity shall have the option to conduct

pre-delivery inspection(s) at points of delivery or at
supplier’s premises.

2. Complete Goods/Services shall be inspected and/or

tested by the Procuring Entity or its authorized
representatives at the time and date of deliveries to
project site(s). Goods/services delivered with defect/s
or non-compliant with the required specifications shall

90
 be rejected by the Procuring Entity and replaced by the
Supplier.

3. The Procuring Entity shall have the option to inspect

supplier’s premises covered by the contract to monitor
and assess Supplier’s capacity to discharge its
contractual obligations to the Procuring Entity.
16.2 All inspection and test should be done in the
Philippines only.
17.3 Warranty

The supplier warrants that the Goods supplied under

Contract are brand new. Further, they warrant 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.

Should there be any such defects found during the

warranty period, the defective items shall be replaced by
the Supplier at no additional cost to the Procuring
Entity.
17.4 Upon receipt by the Supplier of the Procuring Entity’s
notice of any claims arising under this warranty, the
Supplier shall immediately act upon to repair or replace
the defective Goods or parts thereof. The period for
correction of defects in the warranty period is within
three (3) calendar days from receipt of such notice.

For defects arising prior to their actual use, DepEd may

opt to demand for recall and replacement of the
defective items.

On the other hand, defects arising from the onset until

the expiry of the warranty period, DepEd may ask for
repairs of the defective items, as may be applicable.

91
19 The Supplier shall be liable for the damages for the
delay in its performance of the Contract and shall pay
DepEd liquidated damages, not by way of penalty, in an
amount equal to one-tenth (1/10) of one percent (1%) of
the cost of the delayed goods scheduled for delivery for
every day of delay until such goods are finally delivered
and accepted by DepEd. DepEd shall deduct the
liquidated damages from any money due or which may
become due to the Supplier, or collect from any of the
securities or warranties posted by the Supplier,
whichever is convenient. Once the cumulative amount
of liquidated damages reaches ten percent (10%) of the
amount of the Contract, DepEd may rescind the
Contract, without prejudice to other courses of action
and remedies open to it.
21.1 Neither the execution of a test and/or inspection of the
Goods or any part thereof, nor the attendance by the
Procuring Entity shall release the Supplier from any
warranties or other obligations under this Contract.

In case of a joint venture:

All partners to the joint venture shall be jointly and

severally liable to the Procuring Entity.

92
Section VI. Schedule of
Requirements

93
 Section VI. Schedule of
Requirements
A. List/Description of Goods /Services

Lot Description Quantity Delivery Period

2.5 HP Inverter Type,

Wall Mounted, Within Sixty (60)
23
ACU with Dismantling and calendar days from
Installation cost the date of receipt
1 of the Notice to
3.0 TR Inverter Type,
Proceed or the date
Floor Mounted, indicated in the
24
ACU with Dismantling and NTP.
Installation cost

B. Delivery and Installation Schedule

Complete delivery and installation shall be made within the

contract duration stipulated above, from the date of receipt of the
Notice to Proceed (NTP) by the Supplier or the date provided for
such purpose indicated in the NTP.

C. Project Site

Goods shall be delivered to and installed at DepEd Central Office,

Meralco Ave., Pasig City.

D. Delivery, Installation and Receiving Instructions

1. Goods/Services as specified in this Schedule of Requirements

and/or Technical Specifications shall be delivered only to the
address indicated herein.

2. The Supplier shall notify the indicated authorized receiving

personnel at the Project Site at the scheduled date of delivery
at least three (3) working days in advance, and shall ensure
that the authorized receiving personnel of the Purchaser is
present during the date and time of delivery.

3. The Supplier shall make delivery or deliveries to the Project

Site on regular working days, during Office hours from 8:00
A.M. to 5:00 P.M. The Receiving Personnel reserves the right

94
 to refuse to receive/accept delivered Goods made before 8:00
A.M. or after 5:00 P.M., and on non-working days.

4. Delivery receipts must be signed by Ms. Maritess L. Ablay,

Chief of Asset Management Division, or her authorized
representative.

Statement of Compliance

I/We have read and understood the requirements/scope of

service/terms of reference and conditions stipulated herein and shall
therefore comply to the conditions set forth in the Contract with respect to
this Section VI. Schedule of Requirements, if our bid is considered for
award.

Name and Signature of Bidder’s Authorized Representative

95
Section VII. Technical
Specifications

96
Notes for Preparing the Technical Specifications

A set of precise and clear specifications is a prerequisite for Bidders to respond

realistically and competitively to the requirements of the Procuring Entity without
qualifying their bids. In the context of Competitive Bidding, the specifications (e.g.
production/delivery schedule, manpower requirements, and after-sales service/parts)
must be prepared to permit the widest possible competition and, at the same time,
present a clear statement of the required standards of workmanship, materials, and
performance of the goods and services to be procured.. Only if this is done will the
objectives of transparency, equity, efficiency, fairness and economy in procurement be
realized, responsiveness of bids be ensured, and the subsequent task of bid evaluation
and post- qualification facilitated. The specifications should require that all items,
materials and accessories to be included or incorporated in the goods be new, unused,
and of the most recent or current models, and that they include or incorporate all
recent improvements in design and materials unless otherwise provided in the
Contract.

Samples of specifications from previous similar procurements are useful in this

respect. The use of metric units is encouraged. Depending on the complexity of the
goods and the repetitiveness of the type of procurement, it may be advantageous to
standardize the General Technical Specifications and incorporate them in a separate
subsection. The General Technical Specifications should cover all classes of
workmanship, materials, and equipment commonly involved in manufacturing similar
goods. Deletions or addenda should then adapt the General Technical Specifications
to the particular procurement.

Care must be taken in drafting specifications to ensure that they are not restrictive. In
the specification of standards for equipment, materials, and workmanship, recognized
Philippine and international standards should be used as much as possible. Where
other particular standards are used, whether national standards or other standards,
the specifications should state that equipment, materials, and workmanship that meet
other authoritative standards, and which ensure at least a substantially equal quality
than the standards mentioned, will also be acceptable. The following clause may be
inserted in the Special Conditions of Contract or the Technical Specifications.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Technical Specifications to specific standards and

codes to be met by the goods and materials to be furnished or tested, the provisions of
the latest edition or revision of the relevant standards and codes shall apply, unless
otherwise expressly stated in the Contract. Where such standards and codes are
national or relate to a particular country or region, other authoritative standards that
ensure substantial equivalence to the standards and codes specified will be
acceptable.

Reference to brand name and catalogue number should be avoided as far as possible;
where unavoidable they should always be followed by the words “or at least
equivalent.” References to brand names cannot be used when the Funding Source is
the GOP.

Where appropriate, drawings, including site plans as required, may be furnished by

the Procuring Entity with the Bidding Documents. Similarly, the Supplier may be
requested to provide drawings or samples either with its Bid or for prior review by the
Procuring Entity during contract execution.

Bidders are also required, as part of the technical specifications, to complete their
statement of compliance demonstrating how the items comply with the specification.

97
 Technical Specifications
Bidders must state here either “Comply” or “Not Comply” against each of
the individual parameters of each Specification stating the corresponding
performance parameter of the equipment offered. Statements of “Comply”
or “Not Comply” must be supported by evidence in a Bidders Bid and cross-
referenced to that evidence.

Evidence shall be in the form of manufacturer’s un-amended sales

literature, unconditional statements of specification and compliance issued
by the manufacturer, samples, independent test data etc., as appropriate.

A statement that is not supported by evidence or is subsequently found to

be contradicted by the evidence presented will render the Bid under
evaluation liable for rejection. A statement either in the Bidders statement
of compliance or the supporting evidence that is found to be false either
during Bid evaluation, post-qualification or the execution of the Contract
may be regarded as fraudulent and render the Bidder or supplier liable for
prosecution subject to the provisions of ITB Clause 3.1(a)(ii) and/or GCC
Clause 2.1(a)(ii).

The detailed specifications as indicated below are minimum parameters

and a bidder may offer items equivalent to or superior than these
specifications.

98
General Requirements/Specifications

Statement of
Item Specification
Compliance and
Cross-Reference
The brand of the Air Conditioning units must have
1 been available in the market for the last five (5) years.

The bidder must provide a Certificate of Satisfactory

performance issued by at least three (3) large
2 institutional clients

The bidder must provide or submit a list of

3
address/es of their brand service center/s within
Metro Manila.

4 If seller/ distributor, provide a Manufacturer’s

Authorization to prove that the bidder is an authorized
seller/distributor.

5 The bidder must provide a brochure or any other

official documents coming from the manufacturer’
showing the technical specifications of the product;
The bidder must provide a certification in any of the
6
following:
- Bureau of Product Standards (PS);
- Underwriters Laboratories (UL);
- European Conformity (CE); or
- ISO Certification

7 The bidder must provide a list of at least five (5) highly

trained electrical technicians with their bio-data. They
must be licensed Electrical Engineers or at least
holders of National Certificate II (NCII) for Refrigeration
and Air-Conditioning Servicing. During the installation
process, the bidder will contract the electrical
technicians from the said list.

8 The bidder must provide a Warranty Certificate for a 5-

Year Warranty on Compressor and 1-Year Warranty on
Services and Parts

9 The bidder must provide a Certificate of Availability of

Spare-Parts and Services for the next five(5) years.

99
 Detailed Technical Specifications
BIDDER’S
BIDDER’S
STATEMENT
QTY DESCRIPTION ACTUAL
OF
OFFER
COMPLIANCE

2.5 HP SPLIT TYPE INVERTER, WALL MOUNTED AIR-CONDITIONING UNIT

Nominal 2.5 HP
Capacity
Unit Type Inverter, Wall-Mounted

Power Supply Voltage: 220-240V

Phase: 1
Frequency: 60 Hz
Refrigerant R-410A
Charge
Performance Cooling Capacity: 19,000-
Data: 22,500 KJ/Hr
System Power Input: 1,800-
2,400W;
System Current Input: 7.0-
11.0A
Energy Efficiency Ratio (EER):
8.0-10KJ/W-Hr
Sound Level-Indoor (Low):
23 25.0-44.0 dB (A)
Sound Level-Outdoor (Low):
50.0-54.0 dB (A)
Piping Liquid Pipe: Ø1/4”
Connections Gas Pipe: Ø5/8”
System Connection (both liquid & gas):
Flare
Warranty 5 Year Warranty on Compressor
& 1 Year Warranty on Services
and Parts
Included 1. All accessories and works
necessary to complete the
installation and testing will be
included.
2. Dismantling of old units
are also included. The General
Services Division will be
responsible of pulling out all
dismantled units

100
 BIDDER’S
BIDDER’S
STATEMENT
QTY DESCRIPTION ACTUAL
OF
OFFER
COMPLIANCE

3.0 TR SPLIT TYPE INVERTER, FLOOR MOUNTED AIR CONDITIONING UNIT

Nominal 3.0 Tr
Capacity
Unit Type Inverter, Floor-mounted

Power Supply Voltage: 220-240V

Phase: 1
Frequency: 60 Hz
Refrigerant R-410A
Charge
Performance Cooling Capacity: 33,000-
Data: 38,000 KJ/Hr
System Power Input: 2,500-
4000W;
System Current Input: 2.5-17A
Energy Efficiency Ratio (EER):
9.00-15.0KJ/W-Hr
Sound Level-Indoor (Low):
44.0-51.0 dB (A)
Sound Level-Outdoor (Low):
23 50.0-60.0 dB (A)
Piping Liquid Pipe: Ø3/8”
Connections Gas Pipe: Ø5/8”
System Connection (both liquid & gas):
Flare
Warranty 5 Year Warranty on Compressor
& 1 Year Warranty on Services
and Parts
Included
1. All accessories and works
necessary to complete the
installation and testing will be
included.

2. Dismantling of old units are

also included. The General
Services Division will be
responsible of pulling out all
dismantled units

101
Section VIII. Bidding Forms

102
103
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 15 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 18.1.

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 13 and its corresponding SCC
provision.

The sworn affidavit must be completed by all Bidders in accordance with ITB
Clause
4.2. Failure to do so and submit it with the bid shall result in the rejection
of the bid and the Bidder’s disqualification.

104
 TABLE OF CONTENTS

FINANCIAL BID FORM ............................................................................ 106

PRICE SCHEDULE ................................................................................. 108
PRICE SCHEDULE ................................................................................. 109
CONTRACT AGREEMENT FORM................................................................ 110
OMNIBUS SWORN STATEMENT ................................................................ 113
BANK GUARANTEE FORM FOR ADVANCE PAYMENT ..................................... 116
BID SECURING DECLARATION FORM ........................................................ 117
BID SECURITY (BANK GUARANTEE) FORM ................................................. 119
NET FINANCIAL CONTRACTING CAPACITY (NFCC) FORM .............................. 120
LIST OF ALL ONGOING GOVERNMENT & PRIVATE CONTRACTS INCLUDING
CONTRACTS AWARDED BUT NOT YET STARTED ............................................ 121
STATEMENT IDENTIFYING THE SINGLE LARGEST COMPLETED CONTRACT ........ 122
JOINT VENTURE AGREEMENT FORM ........................................................ 123
PERFORMANCE SECURITY (BANK GUARANTEE) FORM .................................. 125

105
 FINANCIAL BID FORM
Date:
Project No:

The Secretary
Department of Education
DepEd Complex, Central Office
Meralco Avenue, Pasig City

Attention: The Chairperson

Bids and Awards Committee

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 17.1 and 18.2, respectively, and it shall remain
binding upon us and may be accepted at any time before the expiration of that
bid validity period.

Until a formal Contract is prepared and executed, this Bid, together with
your written acceptance thereof and your Notice of Award, shall be binding
upon us.

We understand that you are not bound to accept the lowest or any Bid you
may receive.

We certify/confirm that we comply with the eligibility requirements as per

ITB Clause 5 of the Bidding Documents.
.

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

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

106
 Name of Bidder, to participate, submit the bid, and to sign and execute the
ensuing contract on the latter’s behalf for Name of Project of the Name of the
Procuring Entity].

We, further, confirm that, for purposes of this bid, and if such Bid is accepted,
the address stated below shall be the Supplier’s official address and contact
numbers, as reflected in the (state proof of billing e.g. PhilGEPS Certificate,
Mayor’s Permit, SEC, Tax Clearance)

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

Dated this ________________ day of ________________ 20______.

[signature over printed name of [in the capacity of _______________________]

Authorized Representative] (designation of Authorized Representative

Duly authorized to sign Bid for and on behalf of ____________________________

[Registered Company/Business Name of the Bidder]
Address :_______________________ Telephone No :____________________________
Telefax: _______________________ Email address :__________________________

107
 PRICE SCHEDULE

For Goods Offered From Abroad

Name of Bidder Invitation to Bid Number _. Page of .

Project Title: __________________

1 2 3 4 5 6 7 8 9
Item Description Country Quantity Unit price CIF port Total CIF or Unit Price Unit price Total Price
of origin of entry (specify CIP price per Delivered Duty Delivered delivered DDP
port) or CIP named item Unpaid (DDU) Duty Paid (col 4 x 8)
place (col. 4 x 5) (DDP)
(specify border
point or place of
destination)
2.5 HP Split
Type Inverter,
Wall Mounted
Air-
Conditioning
1
Unit

3.0 HP Split
Type Inverter,
Wall Mounted
2
Air-
Conditioning
Unit

TOTAL

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

Note: Accomplish this form in accordance with ITB Clause 15 and,

specifically 15.4(b) thereof. Rates and prices for all items of the Goods
described in the Technical Specifications and Schedule of Requirements
shall be indicated, therefore, all columns shall be filled-out. Where a
required item is provided, but no price is indicated, the same shall be
considered as non-responsive and, thus, automatically disqualified.
Specify that items are being offered for free to the government by indicating
dash (-), zero (“0”) or (“N/A”).

108
 PRICE SCHEDULE

For Goods Offered From Within the Philippines

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

Project Title:

1 2 3 4 5 6 7 8 9 10 11 12
Description Country of Quantity Unit price Transportat Sales and Dismantling Installation Cost of Total Price, Total Price
origin EXW per ion and other taxes Cost Cost Incidental per unit delivered
item Insurance payable if Services, if (col Final
and all Contract is applicable, (5+6+7+8+9 Destination
Item

other costs awarded, per item +10) (col 11) x

incidental per item (col 4)
to delivery,
per item

2.5 HP Split Type

Inverter, Wall
1
Mounted Air-
Conditioning Unit
3.0 HP Split Type
Inverter, Wall
2
Mounted Air-
Conditioning Unit
TOTAL

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

Note: Accomplish this form in accordance with ITB Clause 15, and,
specifically 15.4(a) thereof. Rates and prices for all items of the Goods
described in the Technical Specifications and Schedule of Requirements
shall be indicated, therefore, all columns shall be filled-out. Where a
required item is provided, but no price is indicated, the same shall be
considered as non-responsive and, thus, automatically disqualified.
Specify that items are being offered for free to the government by indicating
dash (-), zero (“0”) or (“N/A”).

109
 CONTRACT AGREEMENT FORM

PROJECT : ____________________________________________________________

Contract No. : __________________________________________________________

THIS AGREEMENT made and entered into this _____ day of

__________ 20_____ by and between the Department of Education, located
at DepEd Complex, Meralco Avenue, Pasig City, Philippines, represented
herein by its (Name of PE’s Representative), (hereinafter called “the
Purchaser”) of the one part and (Name of Bidder/Authorized Representative),
with Office address at [Office address of Supplier] (hereinafter called “the
Supplier”) of the other part:

WHEREAS, the Purchaser invited Bids for certain goods and ancillary
services, viz, [brief description of goods and services], has passed and
approved Resolution to Award No. ___________________________, and
therefore, accepted a Bid by the Supplier for the supply of those goods and
services in the sum of Philippine Pesos [contract price in words and figures]
(hereinafter called “the Contract Price”), broken down as follows: (indicate if
by lots, otherwise, delete) .

Lot Item/Description Quantity Unit Price Contract

No. (in Php) Cost (in
Php)

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 Purchaser’s Notice of Award;

b. the Performance Security
c. the Bid Form and the Price Schedule submitted by the Bidder;
d. the General and Special Conditions of Contract;
e. the Technical Specifications;

110
 f. the Schedule of Requirements; and
g. Supplemental Bid Bulletins, if any.

3. The Goods and Services referred to in this Agreement shall be

delivered to the Project Site/s within the contract duration of (insert
no. of days), which shall commence upon receipt of the Notice to
Proceed by the Supplier;

4. In consideration of the Contract Price mentioned herein to be paid by

the Purchaser to the Supplier, the Supplier hereby covenants, unto
the Purchaser, to provide the goods and services and to remedy
defects therein in conformity in all respects with the provisions of the
Contract;

5. The Purchaser 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, to wit: (insert manner of payment as
defined under SCC Clause 10.3 of the Bidding Documents);

6. Payments shall be subject to the “Warranty” provisions in the form of

either retention money in an amount equivalent to at least one
percent (10%) of every progress payment, or a special Bank Guarantee
in the amount equal to at least 10% of the total Contract Price
required in Section 62 of R.A. 9184 and its IRR.

7. The Supplier shall be liable for damages for the delay in its
performance of the Contract and shall pay the procuring entity
liquidated damages, not by way of penalty, in an amount equal to one-
tenth (1/10) of one percent (1%) of the cost of the delayed
goods/services scheduled for delivery for every day of delay until such
goods/services are finally delivered and accepted by the procuring
entity concerned. The Procuring Entity shall deduct the liquidated
damages from any money due or which may become due to the
Supplier, or collect from any of the securities or warranties posted by
the Supplier, whichever is convenient to the Procuring Entity
concerned. Once the cumulative amount of liquidated damages
reaches ten percent (10%) of the amount of this Contract, the
Purchaser shall rescind this Contract, without prejudice to other
courses of action and remedies open to the Purchaser.

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.

111
 SIGNED, SEALED AND DELIVERED BY:

__________________________ ___________________________
PURCHASER SUPPLIER

SIGNED IN THE PRESENCE OF:

_________________________ ___________________________
PURCHASER’S WITNESS SUPPLIER’S WITNESS

REPUBLIC OF THE PHILIPPINES) S.S.

PASIG CITY, METRO MANILA )

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public in and for Pasig City, Metro Manila,
Philippines, this ___________ day of ___________________________, personally
appeared:

GOVERNMENT-ISSUED IDENTIFICATION
CARD

NAME Number Issued on Issued at

PURCHASER

SUPPLIER

Known to me and to me known to be the same persons who executed

the foregoing instrument and acknowledged to me that same is the free and
voluntary act and deed of the entities which they respectively represent.

The foregoing instrument is a CONTRACT consisting of ____ pages

(exclusive of attachments), including this page on which the
acknowledgement is written and signed by the parties hereto and their
instrument witness on the left hand margin of each and every page hereof.

WITNESS MY HAND AND SEAL on the date and place first above
written.

NOTARY PUBLIC
Until December 31, 20__
Doc. No. ______
Page No. ______
Book No. ______
Series of _____

112
 OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

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

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

1. Select one, delete the other:

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

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

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

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

2. Select one, delete the other:

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

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

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

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

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

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

113
4. Each of the documents submitted in satisfaction of the bidding
requirements is an authentic copy of the original, complete, and all
statements and information provided therein are true and correct;

5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its

duly authorized representative(s) to verify all the documents
submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to

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

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

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

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

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

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

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

responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;

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

implementation of the Contract;

c) Made an estimate of the facilities available and needed for the

contract to be bid, if any; and

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

[Name of the Project].

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

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___,

20__ at ____________, Philippines.

_____________________________________
Bidder’s Representative/Authorized Signatory

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

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

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

NAME OF NOTARY PUBLIC

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

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

* This form will not apply for WB funded projects.

115
 BANK GUARANTEE FORM FOR ADVANCE PAYMENT

To: Department of Education

[name of Contract]

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special

Conditions of Contract, which amends Clause 10 of the General Conditions
of Contract to provide for advance payment, [name and address of Supplier]
(hereinafter called the “Supplier”) shall deposit with the PROCURING
ENTITY a bank guarantee to guarantee its proper and faithful performance
under the said Clause of the Contract in an amount of [amount of guarantee
in figures and words].

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

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

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

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

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

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

116
 BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

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

BID SECURING DECLARATION

Invitation to Bid: [Insert Reference number]

To: The Honorable Secretary

Department of Education
DepEd Complex, Meralco Ave.
Pasig City

I/We1, the undersigned, declare that:

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

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

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

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

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

to be valid on the following circumstances:

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

extension thereof pursuant to your request;

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

receipt of your notice to such effect, and (i) I/we failed to

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

117
 timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right;

(c) I am/we are declared the bidder with the Lowest

Calculated Responsive Bid, and I/we have furnished the
performance security and signed the Contract.

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

____ day of [month] [year] at [place of execution].

[Insert NAME OF BIDDER’S

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

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

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

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

NAME OF NOTARY PUBLIC

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

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

118
 BID SECURITY (BANK GUARANTEE) FORM

WHEREAS, [insert name of Bidder] (hereinafter called the “Bidder”) has

submitted its bid dated [insert date] for the [insert name of contract] (hereinafter
called the “Bid”).

KNOW ALL MEN by these presents that We [insert name of Bank] of

[insert name of Country] having our registered office at [insert address]
(hereinafter called the “Bank” are bound unto the DEPARTMENT OF
EDUCATION Central Office, (hereinafter called the “Entity”), in the sum of [insert
amount] for which payment well and truly to be made to the said Entity the
Bank binds itself, its successors and assigns by these presents.

SEALED with the Common Seal of said Bank this _____ day of _________
201__.

THE CONDITIONS of this obligation are:

1. If the Bidder:

(a) withdraws its Bid during the period of bid validity specified
in the Form of Bid; or

(b) does not accept the correction of arithmetical errors of its

bid price in accordance with the Instructions to Bidder; or

2. If the Bidder having been notified of the acceptance of its bid by

the Procuring Entity during the period of bid validity:

(a) fails or refuses to execute the Contract Form in accordance

with the Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security in
accordance with the Instructions to Bidders.

We undertake to pay to the Entity up to the above amount upon receipt

of its first written demand, without the Entity having to substantiate its
demand, provided that in its demand the Entity will note that the amount
claimed by the Entity is due to the Entity owing to the occurrence of one or
both of the two (2) conditions, specifying the occurred condition or conditions.

The Guarantee will remain in force up to and including the date [insert
days] days after the deadline for submission of Bids as such deadline is stated
in the Instructions to Bidders or as it may be extended by the Entity, notice of
which extension(s) to the Bank is hereby waived. Any demand in respect of this
Guarantee should reach the Bank not later than the above date.

DATE _______________ SIGNATURE OF THE BANK ___________________

WITNESS ____________________________ SEAL _________________________
(Signature, Name and Address)

119
 NET FINANCIAL CONTRACTING CAPACITY (NFCC) FORM

A. Summary of the Applicant Supplier’s/Distributor’s/Manufacturer’s

assets and liabilities on the basis of the attached income tax return and
audited financial statement, stamped “RECEIVED” by the Bureau of
Internal Revenue or its duly accredited and authorized institutions, for
the preceding calendar/tax year which should not be earlier than two (2)
years from date of bid submission.

Year 20__
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Net Worth (1-3)
6. Net Working Capital (2-4)

B. The Net Financial Contracting Capacity (NFCC) based on the above data
is computed as follows:

NFCC = K (current asset – current liabilities) minus value of all

outstanding works under ongoing contracts including awarded contracts
yet to be started

NFCC = P _______________________________________

K = 15 regardless of contract duration

Herewith attached are certified true copies of the income tax return
and audited financial statement: stamped “RECEIVED” by the BIR or
its duly accredited or authorized institution for the preceding year
which should not be earlier than two (2) years from date of bid
submission.

Submitted by:
________________________________________
Name of Supplier / Distributor / Manufacturer
_________________________________________
Signature of Authorized Representative
Date : _____________________________

NOTE: If Partnership or Joint Venture, each Partner or Member Firm of Joint

Venture shall submit the above requirements.

120
 SECTION VIII. BIDDING FORMS

LIST OF ALL ONGOING GOVERNMENT & PRIVATE CONTRACTS INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED

Business Name : ___________________________________________________

Business Address
: ___________________________________________________

% of
Bidder’s Role Date Awarded Accomplishment Value of
Name of Contract/ Owner’s Name
Nature of a. Date Outstanding
a. Address Works /
Project Cost Work Started
b. Telephone Description % b. Date of Undelivered
Planned Actual
Nos. Portion
Completion

Government

Private

Note : (In case of no ongoing contract, the bidder shall submit this duly signed form and indicate “No ongoing contracts” or “None” or “Not
Applicable (N/A)” under the Column for Name of Contract (first column from left)
Submitted by: ____________________________________
Printed Name and Signature of Authorized Representative
Designation : ____________________________________
Date : ____________________________________
 STATEMENT IDENTIFYING THE SINGLE LARGEST COMPLETED CONTRACT

Business Name :____________________________________________________

Business Address :____________________________________________________

Bidder's Role a. Date Awarded

b. Contract
a. Amount at Award Effectivity
a. Owner's Name
Nature of b. Amount at c. Date Completed
Name of Contract b. Address
Work Completion d. Contract
c. Telephone Nos. Description % c. Duration Performance
certified by End
User
Government

Private

Note: The bidder shall be able to support this statement with:

Duly signed Contracts/Purchase Orders (POs)/ Agreements/Memoranda of Agreement (MOA)/Notices of Award (NOA)/Job Orders or
Notices to Proceed (NTP) with the corresponding
Certificates of Completion of Delivery (CCDs)/ Certificates of Final Acceptance (CFAs)/duly signed Delivery Receipts (DRs), or duly
accomplished Inspection and Acceptance Reports (IARs)
Submitted by :____________________________________________________
(Printed Name and Signature)
Designation :____________________________________________________
Date :____________________________________________________

122
 JOINT VENTURE AGREEMENT FORM

KNOW ALL MEN BY THESE PRESENTS:

That this JOINT VENTURE AGREEMENT is entered into By and

Between ___________, of legal age, __(civil status)__, owner/proprietor of
_________________________ and a resident of ________________________.

- and -

_______________________, of legal age, __(civil status)__, owner/proprietor of

____________________ and a resident of ____________________________________.

THAT both parties agree to join together their manpower, equipment,

and what is needed to facilitate the Joint Venture to participate in the
Eligibility, Bidding and Undertaking of the hereunder stated project to be
conducted by the __(Name of the Procuring Entity)__.

NAME OF PROJECT CONTRACT AMOUNT

That both parties agree to be jointly and severally liable for the entire
assignment.

That both parties agree that ____________________ and

____________________ own the share and interest of ____________________ and
______________________ [indicate percentage of shares) respectively

That both parties agree that ___________________ and/or

__________________ shall be the Official Representative of the Joint Venture,
and is granted full power and authority to do, execute and perform any and
all acts necessary and/or to represent the Joint Venture in the bidding as
fully and effectively and the Joint Venture may do and if personally present
with full power of substitution and revocation.

THAT this Joint Venture Agreement shall remain in effect only for the
above stated Projects until terminated by both parties.

Done this _____ day of ______, in the year of our Lord _____.

123
 ___________________________
_____________________________

SIGNED IN THE PRESENCE OF:

___________________________
_____________________________
Witness Witness

REPUBLIC OF THE PHILIPPINES) S.S.

PASIG CITY, METRO MANILA )

ACKNOWLEDGMENT

BEFORE ME, a Notary Public in and for Pasig City, Metro Manila,
Philippines, this ________ day of ___________________, 201_ personally
appeared:

GOVERNMENT-ISSUED
IDENTIFICATION CARD
NAME Number Issued on Issued at

________________ _______ ______ ________

________________ _______ ______ ________

Known to me and to me known to be the same persons who executed

the foregoing instrument and acknowledged to me that same is the free and
voluntary act and deed of the entities which they respectively represent.

The foregoing instrument is a JOINT VENTURE AGREEMENT

consisting of ___ pages (exclusive of attachments), including this page on
which this acknowledgment is written and signed by the parties hereto and
their instrument witnesses on the left hand margin of each and every page
hereof.

WITNESS MY HAND AND SEAL on the date and place first above
written.
NOTARY PUBLIC
Until December 31, 201_

Doc. No. _________

Page No. _________
Book No. _________
Series of 201______

124
 PERFORMANCE SECURITY (BANK GUARANTEE) FORM

To : The Secretary
Department of Education
DepEd Complex, Meralco Avenue
Pasig City

Attention: The Chairperson

Bids and Awards Committee

WHEREAS, [insert name and address of Supplier] (hereinafter called

the “Supplier”) has undertaken, in pursuance of Contract No. [insert number]
dated [insert date] to execute [insert name of contract and brief description]
(hereinafter called the “Contract”);

AND WHEREAS, it has been stipulated by you in the said Contract

that the Supplier shall furnish you with a Bank Guarantee by a recognized
bank for the sum specified therein as security for compliance with his
obligations in accordance with the Contract;

AND WHEREAS, we have agreed to give the Supplier such a Bank

Guarantee;

NOW THEREFORE, we hereby affirm that we are the Guarantor and

responsible to you, on behalf of the Supplier, up to a total of [insert amount
of guarantee] proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and
without cavil or argument, any sum or sums within the limits of [insert
amount of guarantee] as aforesaid without your needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from
the Supplier before presenting us with the demand.

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

the terms of the Contract to be performed there under or of any of the
Contract documents which may be made between you 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 be valid until the date of your issuance of the
Notice of Final Acceptance.

SIGNATURE AND SEAL OF THE GUARANTOR ________________________

NAME OF BANK _____________________________________________________
ADDRESS ___________________________________________________________
DATE___________________________________________________________________

125
 SEALING AND MARKING OF BIDS

TECHNICAL
PROPOSAL
FINANCIAL
ORIGINAL PROPOSAL
ELECTRONIC
ELECTRONIC

BLUE

GREEN Table of
Contents

RED

TECHNICAL TECHNICAL
FINANCIAL FINANCIAL
PROPOSAL PROPOSAL
COPY 1 PROPOSAL COPY 2 PROPOSAL

ELECTRONIC ELECTRONIC
ELECTRONIC ELECTRONIC

BLUE BLUE

GREEN GREEN

RED RED

POST-QUALIFICATION
DOCUMENTS (ITB 29.2)

BROWN

126
 ORIGINAL / COPY NO. ________

[BIDDER’S COMPANY NAME]

[COMPANY’S OFFICE ADDRESS]
PUBLIC BIDDING: [PROJECT TITLE]
BIDDING FOR __[no.]__:__[item description]__(if applicable)

THE CHAIRPERSON
BIDS AND AWARDS COMMITTEE
DEPARTMENT OF EDUCATION CENTRAL
OFFICE
[VENUE OF BID OPENING]

DO NOT OPEN BEFORE [TIME AND DATE OF BID OPENING]

127
128