PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Procurement of
Medical & Surgical
Supplies
Government of the Republic of the Philippines

Fifth Edition
August 2016
 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
for mandatory1 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:

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

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

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

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

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

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

(e) If modifications must be made to bidding 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.

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 TABLE OF CONTENTS

SECTION I. INVITATION TO BID 5

SECTION II. INSTRUCTIONS TO BIDDERS 9
SECTION III. BID DATA SHEET 40
SECTION IV. GENERAL CONDITIONS OF CONTRACT 49
SECTION V. SPECIAL CONDITIONS OF CONTRACT 66
SECTION VI. SCHEDULE OF REQUIREMENTS 72
SECTION VII. TECHNICAL SPECIFICATIONS 77
SECTION VIII. BIDDING FORMS 83
Section IX. Foreign-Assisted Projects 102
 Section I. Invitation to Bid

Notes on the Invitation to Bid

The Invitation to Bid provides information that enables potential Bidders to decide
whether to participate in the procurement at hand. The Invitation to Bid shall be:

(a) 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 91842.

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-

2 Two years after the effectivity of the 2016 Revised IRR of R.A. No. 9184 on 28 October 2016, advertisement
in a newspaper of general nationwide circulation shall no longer be required. However, a procuring entity that
cannot post its opportunities in the PhilGEPS for justifiable reasons shall continue to publish its advertisements
in a newspaper of general nationwide circulation.

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Foreign-Assisted Projects.

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 Republic of the Philippines
DEPARTMENT OF HEALTH
DR. JOSE RIZAL MEMORIAL HOSPITAL
Lawaan, Dapitan City
Telefax; (065) 213-6421
Website: www.djrmh.doh.gov.ph
Email: dohdjrmh@gmail.com Certificate Number: AJA16.0979

BIDS AND AWARDS COMMITTEE

INVITATION TO BID

PROCUREMENT OF MEDICAL & SURGICAL SUPPLIES

DR. JOSE RIZAL MEMORIAL HOSPITAL

IB NO. PB-2018-03-05

The Dr. Jose Rizal Memorial Hospital through the MDS Regular Account of CY 2018 intends to apply the sum of SEVEN
MILLION EIGHT HUNDRED EIGHTY FOUR THOUSAND FIFTY PESOS ONLY (P 7,884,050.00) being the
Approved Budget for the Contract (ABC) for payment of Medical & Surgical Supplies under PR No. 2018-02-078 dated
February 20, 2018. Bids received in excess of the ABC shall be automatically rejected at bid opening.

The Dr. Jose Rizal Memorial Hospital (DJRMH) now invites duly licensed bidders to bids for the above-captioned package.
Delivery of goods is required by Fifteen (15) working days. Bidders should have completed contract similar to the Project.
The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders.

Bidding will be conducted 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 and subject to
Commonwealth Act 138.

Interested bidders may obtain further information from BAC Secretariat, Dr. Jose Rizal Memorial Hospital, Dapitan City and
inspect the Bidding Documents at the address given below during office hours Mondays to Fridays from 8 a.m. – 5 p.m.

The Dr. Jose Rizal Memorial Hospital will hold a Pre-Bid Conference on March 15, 2018 at 1:30 in the afternoon at the
Procurement Office, DJRMH, Dapitan City.

A complete set of Bidding Documents may be purchased by qualified Bidders on March 8-28, 2018 from the address below
and upon payment of a non-refundable fee for the Bidding Documents in the amount of Eight Thousand Pesos (Php
8,000.00).

BIDS MUST BE IN HARD COPIES and be delivered/dropped into the sealed Bid Box at the address below on any
working day within office hours on or before March 28, 2018 at 9:30 a.m. (Procurement Room Clock). All Bids must be
accompanied by a Bid Security in a form of cash or manager’s check, bank draft/guarantee or irrevocable letter of credit
issued by a Universal or Commercial Bank, surety bond or any combination of the foregoing (please see Section 27.2 of the
IRR).

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.

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The Dr. Jose Rizal Memorial Hospital reserves the right to accept or reject any Bid, to annul the bidding process, to reject all
Bids and may not award the contract without incurring any liability and make no assurance that a contract shall be entered
into as a result of the bidding when the funds for the program/project activity has been withheld or reduced through no fault
of the Dr. Jose Rizal Memorial Hospital at any time prior to contract award, without thereby incurring any liability to the
affected bidder or bidders.

For further information, please refer to:

(SGD) ROSA DALAGUETE MANUEL (SGD) ADORA JAMAROLIN TAMBASEN, RN, MN

Head, BAC Secretariat BAC Chairperson
Dr. Jose Rizal Memorial Hospital Dr. Jose Rizal Memorial Hospital
Dapitan City Dapitan City
Landline No. 906-0117 Telefax No. (065) 213-6421
Email address: bacsec58@yahoo.com Email address: dohdjrmh@gmail.com

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 Section II. Instructions to Bidders

Notes on the Instructions to Bidders

This Section of the Bidding Documents provides the information necessary for bidders to
prepare responsive bids, in accordance with the requirements of the Procuring Entity. It
also provides information on bid submission, 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.

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 TABLE OF CONTENTS

A. GENERAL........................................................................................................ 12
1. Scope of Bid.............................................................................................................12
2. Source of Funds........................................................................................................12
3. Corrupt, Fraudulent, Collusive, and Coercive Practices..........................................12
4. Conflict of Interest....................................................................................................13
5. Eligible Bidders........................................................................................................15
6. Bidder’s Responsibilities..........................................................................................16
7. Origin of Goods........................................................................................................18
8. Subcontracts..............................................................................................................18
B. CONTENTS OF BIDDING DOCUMENTS............................................................19
9. Pre-Bid Conference..................................................................................................19
10. Clarification and Amendment of Bidding Documents.............................................19
C. PREPARATION OF BIDS...................................................................................20
11. Language of Bid.......................................................................................................20
12. Documents Comprising the Bid: Eligibility and Technical Components................20
13. Documents Comprising the Bid: Financial Component...........................................22
14. Alternative Bids........................................................................................................23
15. Bid Prices..................................................................................................................23
16. Bid Currencies..........................................................................................................25
17. Bid Validity..............................................................................................................25
18. Bid Security..............................................................................................................26
19. Format and Signing of Bids......................................................................................28
20. Sealing and Marking of Bids....................................................................................28
D. SUBMISSION AND OPENING OF BIDS..............................................................29
21. Deadline for Submission of Bids..............................................................................29
22. Late Bids...................................................................................................................29
23. Modification and Withdrawal of Bids......................................................................30
24. Opening and Preliminary Examination of Bids........................................................30
E. EVALUATION AND COMPARISON OF BIDS......................................................32
25. Process to be Confidential........................................................................................32
26. Clarification of Bids.................................................................................................32
27. Domestic Preference.................................................................................................32

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 28. Detailed Evaluation and Comparison of Bids..........................................................33
29. Post-Qualification.....................................................................................................34
30. Reservation Clause...................................................................................................35
F. AWARD OF CONTRACT...................................................................................36
31. Contract Award.........................................................................................................36
32. Signing of the Contract.............................................................................................37
33. Performance Security...............................................................................................38
34. Notice to Proceed......................................................................................................39
35. Protest Mechanism…………………………………………………………………39

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 A. General

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

1.2. The name, identification, and number of lots specific to this bidding are
provided in the BDS. The contracting strategy and basis of evaluation of lots
is described in ITB Clause 28.

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

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

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

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

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

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

(ii) “fraudulent practice” means a misrepresentation of facts in

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

(iii) “collusive practices” means a scheme or arrangement between

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

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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

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

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

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

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 (a).

3.3. Furthermore, the Funding Source and the Procuring Entity reserve the
right to inspect and audit records and accounts of a bidder or supplier in the
bidding for and performance of a contract themselves or through independent
auditors as reflected in the GCC Clause 38.

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;

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

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

(d) A Bidder has a relationship, directly or through third parties, that puts
them in a position to have access to information about or influence on the bid
of another Bidder or influence the decisions of the Procuring Entity regarding
this bidding process;

(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 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

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

(a) Duly licensed Filipino citizens/sole proprietorships;

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

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

(d) Cooperatives duly organized under the laws of the Philippines; and

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

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

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

following circumstances exist, as specified in the BDS:

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

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

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

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

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

(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).

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

NFCC = [(Current assets minus current liabilities) (15)] minus the value of
all outstanding or uncompleted portions of the projects under ongoing
contracts, including awarded contracts yet to be started, coinciding with
the contract to be bid.

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

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

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

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

6. Bidder’s Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn
statement in the form prescribed in Section VIII. Bidding Forms as required in
ITB Clause 12.(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;

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(g) Authorizing the HoPE or its duly authorized representative/s to verify
all the documents submitted;

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

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

and its 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 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

17
 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 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

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 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 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.

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 10.2. The BAC shall respond to the said request by issuing a
Supplemental/Bid Bulletin, to be made available to all those who have
properly secured the Bidding Documents, at least seven (7) calendar days
before the deadline for the submission and receipt of Bids.

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

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

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

C. Preparation of Bids

11. Language of 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

20
 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:

(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 with Purchase Order (PO) 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 –

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 (i) Bid security in accordance with ITB Clause 18. If the Bidder
opts to submit the bid security in the form of:

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

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

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

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

(ii) Conformity with technical specifications, as enumerated and

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

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

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

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

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

13. Documents Comprising the Bid: Financial Component

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

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

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

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

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

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

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

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

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

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

(ii) The procuring entity has procedures in place to ensure that the
ABC is based on recent estimates made by the responsible unit of

22
 the procuring entity and that the estimates reflect the quality,
supervision and risk and inflationary factors, as well as prevailing
market prices, associated with the types of works or goods to be
procured.

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

prices and analyzing bid variances.

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

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

(v) The procuring entity has established a monitoring and evaluation

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

14. Alternative Bids

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

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

15. Bid Prices

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

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

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

23
terms used to describe the obligations of the parties, shall be governed by the
rules prescribed in the current edition of the International Commercial Terms
(INCOTERMS) published by the International Chamber of Commerce, Paris.

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

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

(i) The price of the Goods quoted EXW (ex works, ex factory, ex
warehouse, ex showroom, or off-the-shelf, as applicable);

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

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

to delivery of the Goods to their final destination; and

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

BDS.

(b) For Goods offered from abroad:

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

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

BDS.

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

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

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.

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16. Bid Currencies
16.1. Prices shall be quoted in the following currencies:

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

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

16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity
for purposes of bid evaluation and comparing the bid prices will convert the
amounts in various currencies in which the bid price is expressed to Philippine
Pesos at the foregoing exchange rates.

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

17. Bid Validity

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

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

period, the Procuring Entity may request Bidders to extend the period of
validity of their bids. The request and the responses shall be made in writing.
The bid security described in ITB Clause 18 should also be extended
corresponding to the extension of the bid validity period at the least. A Bidder
may refuse the request without forfeiting its bid security, but his bid shall no
longer be considered for further evaluation and 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 Two percent (2%)
check issued by a Universal or
Commercial Bank.

For biddings conducted by

25
 LGUs, the Cashier’s/Manager’s
Check may be issued by other
banks certified by the BSP as
authorized to issue such
financial instrument.

(b) Bank draft/guarantee or

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

For biddings conducted by

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 Five percent (5%)
by the 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

26
furnished the performance security, but in no case later than the expiration of
the bid security validity period indicated in ITB Clause 18.2.

18.4. Upon signing and execution of the contract pursuant to ITB Clause 32,
and the posting of the performance security pursuant to ITB Clause 33, the
successful Bidder’s bid security will be discharged, but in no case later than
the bid security validity period as indicated in the ITB Clause 18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified in
ITB Clause 17;

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

27
 patently insufficient bid, for at least three (3) times within a year, except for
valid reasons.

(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause 32; or

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

Clause 33.

19. Format and Signing of Bids

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

19.2. Forms as mentioned in ITB Clause 19.1 must be completed without any
alterations to their format, and no substitute form shall be accepted. All blank
spaces shall be filled in with the information requested.

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

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

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

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

20. Sealing and Marking of Bids

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

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

28
 containing the original and the copies shall then be enclosed in one single
envelope.

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

20.4. All envelopes shall:

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

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

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

Clause 1.1;

(d) bear the specific identification of this bidding process indicated in the
ITB Clause 1.2; and

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

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

D. Submission and Opening of Bids

21. Deadline for Submission of Bids

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

22. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall
not be accepted by the Procuring Entity. The BAC shall record in the minutes of bid
submission and opening, the Bidder’s name, its representative and the time the late
bid was submitted.

23. Modification and Withdrawal of Bids

23.1. The Bidder may modify its bid after it has been submitted; provided
that the modification is received by the Procuring Entity prior to the deadline
prescribed for submission and receipt of bids. The Bidder shall not be allowed
to retrieve its original bid, but shall be allowed to submit another bid equally
sealed and properly identified in accordance with ITB Clause 20, linked to its

29
 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.

23.2. 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.

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

24. Opening and Preliminary Examination of Bids

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

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

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

compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible bidder
whose first bid envelope was rated “passed”. The second envelope of each

30
 complying bidder shall be opened within the same day. In case one or more of
the requirements in the second envelope of a particular bid is missing,
incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC
shall rate the bid concerned as “failed”. Only bids that are determined to
contain all the bid requirements for both components shall be rated “passed”
and shall immediately be considered for evaluation and comparison.

24.4. Letters of Withdrawal shall be read out and recorded during bid
opening, and the envelope containing the corresponding withdrawn bid shall
be returned to the Bidder unopened.

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

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

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

(a) Registration certificate from the Securities and Exchange Commission

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

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

principal place of business of the bidder is located; and

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

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

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

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

31
 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 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.

32
 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
manufactured in the Philippines substantially from articles, materials, or
supplies of the growth, production, or manufacture, as the case may be, of the
Philippines.

28. Detailed Evaluation and Comparison of Bids

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

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

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

establish the correct calculated prices of the bids; and

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

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

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

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

(b) Arithmetical corrections. Consider computational errors and omissions

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

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

33
 28.5. The Procuring Entity’s evaluation of bids shall be based on the bid price
quoted in the Bid Form, which includes the Schedule of Prices.

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

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

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

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

29.2. Within a non-extendible period of five (5) calendar days from receipt by
the bidder of the notice from the BAC that it submitted the Lowest Calculated
Bid, the Bidder shall submit its latest income and business tax returns filed and
paid through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS.

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

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

29.3. The determination shall be based upon an examination of the

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

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.

34
 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 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

35
 (c) For any justifiable and reasonable ground where the award of the
contract will not redound to the benefit of the GOP as follows:

(i) If the physical and economic conditions have significantly

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

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

HoPE; and

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

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

bidding when:

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

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

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

F. Award of Contract

31. Contract Award

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

31.2. Prior to the expiration of the period of bid validity, the Procuring Entity
shall notify the successful Bidder in writing that its bid has been accepted,
through a Notice of Award duly received by the Bidder or its 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

36
 (ii) In the case of procurement by a Philippine Foreign Service
Office or Post, the PhilGEPS Registration Number of the winning foreign
Bidder;

(b) Posting of the performance security in accordance with ITB Clause 33;

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

(d) Approval by higher authority, if required, as provided in Section 37.3

of the IRR of RA 9184.

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

32. Signing of the Contract

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

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

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

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

(a) Contract Agreement;

(b) Bidding Documents;

(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

37
maximum period of ten (10) calendar days from the receipt of the Notice of
Award from the Procuring Entity and in no case later than the signing of the
contract.

33.2. The Performance Security shall be denominated in Philippine Pesos and

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

Amount of Performance Security

Form of Performance Security (Not less than the Percentage of the
Total Contract Price)
(a) Cash or Five percent (5%)
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 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
Thirty percent (30%)
duly certified by the Insurance
Commission as authorized to
issue such security.

38
 33.3. Failure of the successful Bidder to comply with the above-mentioned
requirement shall constitute sufficient ground for the annulment of the award
and forfeiture of the bid security, in which event the Procuring Entity shall
have a fresh period to initiate and complete the post qualification of the second
Lowest Calculated Bid. The procedure shall be repeated until the LCRB is
identified and selected for recommendation of contract award. However if no
Bidder passed post-qualification, the BAC shall declare the bidding a failure
and conduct a re-bidding with re-advertisement, if necessary.

34. Notice to Proceed

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

35. Protest Mechanism

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

39
 Section III. Bid Data Sheet

Notes on the Bid Data Sheet

Section III is intended to assist the Procuring Entity in providing the specific information
in relation to corresponding clauses in the ITB included in Section II, and has to be
prepared for each specific procurement.

The Procuring Entity should specify in the BDS information and requirements specific to
the circumstances of the Procuring Entity, the processing of the procurement, the
applicable rules regarding bid price and currency, and the bid evaluation criteria that will
apply to the bids. In preparing Section III, the following aspects should be checked:

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

incorporated.

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

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

For foreign-assisted projects, the Bid Data Sheet to be used is provided in Section IX-
Foreign-Assisted Projects.

40
 Bid Data Sheet
ITB Clause

1.1 The Procuring Entity is Dr. Jose Rizal Memorial Hospital.

The name of the Contract is Procurement of Medical & Surgical Supplies

The identification number of the Contract is IB No. PB-2018-03-05

1.2 The lot(s) and reference is/are:

Medical & Surgical Supplies

2 The Funding Source is:

The Government of the Philippines (GOP) through MDS Regular Account

of CY 2018 in the amount of SEVEN MILLION EIGHT HUNDRED
EIGHTY FOUR THOUSAND FIFTY PESOS ONLY (P 7,884,050.00).

NOTE: In the case of National Government Agencies, the General

Appropriations Act and/or continuing appropriations; in the case of
Government-Owned and/or –Controlled Corporations, Government
Financial Institutions, and State Universities and Colleges, the
Corporate Budget for the contract approved by the governing Boards; in
the case of Local Government Units, the Budget for the contract
approved by the respective Sanggunian.

The name of the Project is: Medical & Surgical Supplies

3.1 No further instructions.

5.1 No further instructions.

5.2 Foreign bidders, except those falling under ITB Clause (b), may not
participate in this Project.

5.4 Maintain the ITB Clause and insert any of the following:

For the procurement of Expendable Supplies: The Bidder must have

completed, within the period specified in the Invitation to Bid and ITB
Clause 12.1(a)(ii), a single contract that is similar to this Project,
equivalent to at least twenty-five percent (25%) of the ABC.

For this purpose, similar contracts shall refer to Procurement of Medical &
Surgical Supplies.

7 No further instructions.

8.1 “Subcontracting is not allowed”.

41
8.2 “Not applicable”.

9.1 The Procuring Entity will hold a pre-bid conference for this Project on
March 15, 2018, 1:30 p.m. at Procurement Office, Dr. Jose Rizal Memorial
Hospital, Dapitan City.

10.1 The Procuring Entity’s address is:

Dr. Jose Rizal Memorial Hospital

Dapitan City

ROSA DALAGUETE MANUEL

Head, BAC Secretariat

ADORA JAMAROLIN TAMBASEN, RN, MN

BAC Chairperson

Telefax No. : (065) 213-6421

Telephone No. : (065) 908-8038
Landline No. : 906-0117
Email Address : bacsec58@yahoo.com
12.1(a) No further instructions.

12.1(a)(ii) The bidder’s SLCC similar to the contract to be bid should have been
completed within two (2) years prior to the deadline for the submission and
receipt of bids.

13.1 “No additional requirements.”

(b) No further instructions.

13.1(c) “No additional requirements.”

13.2 The ABC is SEVEN MILLION EIGHT HUNDRED EIGHTY FOUR

THOUSAND FIFTY PESOS ONLY (P 7,884,050.00). Any bid with a financial
component exceeding this amount shall not be accepted.

15.4(a)(iv) “No incidental services are required.”

(b) “No incidental services are required.”

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

16.3 Not applicable.

17.1 Bids will be valid until One Hundred Twenty (120) calendar days from the
opening of bids.

18.1 The bid security shall be in the form of a Bid Securing Declaration, or any

42
 of the following forms and amounts:

1. The amount of not less than __________ [Insert 2% of ABC], if bid

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

2. The amount of not less than _________ [Insert 5% of ABC] if bid

security is in Surety Bond.

18.2 The bid security shall be valid until 120 calendar days from the opening of
bids.

20.3 Each Bidder shall submit one (1) original and two (2) copies of the first and
second components of its bid.

21 The address for submission of bids is Procurement Office, Dr. Jose Rizal
Memorial Hospital, Dapitan City.

The deadline for submission of bids is March 28, 2018 at 9:30 a.m.

24.1 The place of bid opening is Procurement Office, Dr. Jose Rizal Memorial
Hospital, Dapitan City.

The date and time of bid opening is March 28, 2018 at 9:30 a.m.

24.2 No further instructions.

24.3 No further instructions.

27.1 No further instructions.

28.3 (a) Grouping and Evaluation of Lots –

Lots should be formed of similar items that are likely to attract the
maximum competition. A lot is the quantity and number of items that will be
included in a single contract. For example:

Option 1 – Each item to be evaluated and compared with other Bids

separately and recommended for contract award separately.

Partial bids are allowed. All Goods are grouped in lots listed below.
Bidders shall have the option of submitting a proposal on any or all lots and
evaluation and contract award will be undertaken on a per lot basis. Lots
shall not be divided further into sub-lots for the purpose of bidding,
evaluation, and contract award.

In all cases, the NFCC computation, if applicable, must be sufficient for all
the lots or contracts to be awarded to the Bidder.

Item Unit Total ABC

Item Description Qty Unit
No. Cost (Php)
1 Alcohol Swab, 70% Isoprophyl Prep, 800 bxs 150.00 120,000.00

43
 100's/box
2 Arm sling, Pedia / adjustable fit 100 pcs 65.00 6,500.00
Asepto syringe / 60 cc, plastic,
3 200 pcs 35.00 7,000.00
disposable
Autoclave Indicator / paper tape,
4 19mm x 50 meters, with strong 80 rolls 250.00 20,000.00
adhesion quality
Bedpan, plastic, disposable, durable
5 500 pcs 70.00 35,000.00
quality
6 Cervical collar, adult / adjustable fit 50 pcs 580.00 29,000.00
Closed Wound Suction Drainage
System / w/ spring bellows, w/
7 clamp and Y connector, curved 50 pcs 3,000.00 150,000.00
needle, Fr. 14, bellow container
400- 500 ml capacity
Colostomy bag, Adult, at least 25cm
8 3,000 pcs 30.00 90,000.00
x 15cm
Colostomy bag, Pedia, at least 20cm
9 500 pcs 30.00 15,000.00
x 14cm
Cotton Balls, 400 grams/pack, 100%
10 cotton, super absorbent, with no 150 packs 200.00 30,000.00
impurities, non-sterile
Cotton Balls, Pre-Sterilized Pack, 20,00
11 packs 6.00 120,000.00
5'S/pack 0
CTG recorder Paper for Fetal
Monitor, Z-fold, thermosensitive,
12 100 pcs 700.00 70,000.00
(152mm GE or 150mm Philips
Recorder Paper)
Disinfectant Tablet – concentrated
13 disinfectant tablet, contains 50% 100 pcs 23.00 2,300.00
Troclosene sodium (NaDCC)
ECG chest electrode / flat type w/
14 highly conductive gel, superior 1,500 pcs 35.00 52,500.00
adhesion, disposable
ECG tracing paper / 80mmx20m,
15 thermal, compatible with EDAN SE- 200 rolls 160.00 32,000.00
3 model
Elastic bandage, 4"x5 yards,
16 180 pks 350.00 63,000.00
12's/pack
Electrocautery Grounding Pad, w/
cable cord, w/ hydrogel adhesive
conductive adult patient plate,
17 50 pcs 500.00 25,000.00
disposable, compatible w/ Elpis,
Bovie & Valleylab electrocautery
machine
Electrocautery Pencil w/ Tip ,
disposable, compatible w/ Elpis,
18 300 pcs 1,200.00 360,000.00
Bovie & Valleylab Electrocautery
Machine
Face mask / with eyeshield /
19 earloop, anti fog, fluid resistant, 5 pks 2,100.00 10,500.00
latex-free, 100's/pack
Face mask / with eyeshield / tie-on,
20 anti fog, fluid resistant, latex-free, 5 pks 2,100.00 10,500.00
100's/pack
21 Face mask, N-95, respirator mask, 1,000 pcs 80.00 80,000.00

44
 with ear loop
Face Mask, Surgical, Earloop,
22 300 bxs 100.00 30,000.00
disposable, 50's/box
Foley Balloon Catheter, Fr. 14,
23 natural rubber latex, 5-15ml sterile 20 bxs 330.00 6,600.00
2-way,10/box
Foley Balloon Catheter, Fr. 16,
24 natural rubber latex, 5-15ml sterile 200 bxs 330.00 66,000.00
2-way,10/box
Foley balloon catheter, Fr. 24,
25 natural rubber latex, silicon, sterile, 10 pcs 400.00 4,000.00
3-way
Gloves, Examination, large, thick,
26 latex, disposable, 100 pcs/ box, 300 bxs 155.00 46,500.00
non-sterile
Gloves, Examination, medium,
27 thick, latex, disposable, 100 pcs/ 500 bxs 155.00 77,500.00
box, non-sterile
Gloves, Examination, small, latex,
28 disposable, 100 pcs/ box, non- 500 bxs 155.00 77,500.00
sterile
Gloves, Obstetrical, 18.5" elbow
29 length, sterile, latex, powder free 150 pairs 140.00 21,000.00
surgical glove, size 6.5
Gloves, Obstetrical, 18.5" elbow
30 length, sterile, latex, powder free 150 pairs 140.00 21,000.00
surgical glove, size 7
Gloves, Surgical, size 6.5, thick,
latex, sterile, powder free,
31 450 bxs 950.00 427,500.00
hypoallergenic, fits snugly on the
wrist, 50's/box
Gloves, Surgical, size 7, thick, latex,
sterile, powder free,
32 400 bxs 950.00 380,000.00
hypoallergenic, fits snugly on the
wrist, 50/box
Hospital Gauze, non-absorbable,
33 170 rolls 1,600.00 272,000.00
36" x 100 yrds, 28x24 mesh / roll
Ice bag, 400cc capacity, Size 6",
34 100 pcs 180.00 18,000.00
rubberized cloth linen and rayon
Infusion Set, Macro Drip, sterile, w/
needleless Y injection port, Male
35 luer lock connector, 150cm tube 1,000 pcs 160.00 160,000.00
length, with long length between y-
port and connector
Infusion set, Micro Drip, sterile, w/
needleless Y injection port, Male
36 luer lock connector, 150cm tube 600 pcs 160.00 96,000.00
length, with long length between y-
port and connector
Infusion set, Pediatric Solution Set,
non toxic, pyrogen free w/ burette
150cc, w/ Y injection port, male
37 3,500 pcs 140.00 490,000.00
luer lock connector, 150cm tube
length, with long length between y-
port and connector
38 IV Cannula, G - 18, with injection 5,000 pcs 20.00 100,000.00

45
 port, sterile
IV Cannula, G - 20, with injection
39 2,000 pcs 20.00 40,000.00
port, sterile
IV Cannula, G - 22, with injection
40 2,000 pcs 20.00 40,000.00
port, sterile
IV Cannula, G - 24, with injection
41 5,000 pcs 25.00 125,000.00
port, sterile
IV Cannula, G - 26, with injection
42 2,000 pcs 25.00 50,000.00
port, sterile
IV Dressing, transparent, Sterile,
Contours to body and flexes with
43 skin, Breathable, waterproof 8,000 pcs 100.00 800,000.00
bacterial barrier, superior adhesion,
4x4"
IV Extension Set, Twin site, Sterile,
6 inches or more, 2 female
44 100 pcs 150.00 15,000.00
adapters, 1 male luer lock end, with
lock connector
Kidney basin, plastic, autoclavable,
45 100 pcs 30.00 3,000.00
8 inches
Lubricating Gel, sterile, water
46 250 tubes 120.00 30,000.00
soluble 50cc net content
Male urinal, plastic, disposable,
translucent, with lid, permits easy
47 measuring and visualization of 1,000 pcs 40.00 40,000.00
contents, with calibration for
measuring contents
Oral care kit, includes a suction
48 100 pcs 215.00 21,500.00
brush, 24-hour day kit
Oxygen Face Mask, pediatric, w/
49 500 pcs 50.00 25,000.00
tubing
50 Oxygen Nasal Cannula, neonate 1,000 pcs 25.00 25,000.00
Plaster, Adhesive / adheres well to
51 3,000 rolls 160.00 480,000.00
skin, water resistant, 2.5 cm x 5m
Plaster, Adhesive / adheres well to
52 400 rolls 280.00 112,000.00
skin, water resistant, 5 cm x 5m
Plaster, Adhesive / adheres well to
53 240 rolls 395.00 94,800.00
skin, water resistant, 7.5 cm x 5m
Plaster, paper tape, Latex-free,
54 hypoallergenic, 1 inch x 10 yards, 25 bxs 350.00 8,750.00
12's/box
55 Polypropylene Mesh, 3" x 6" 30 pcs 1,800.00 54,000.00
Scrub brush, w/ povidone iodine or
4% chlorhexidinedigluconate,
56 1,400 pcs 65.00 91,000.00
cleanser & detergent, nail cleaner
and soft bristled brush
Skin stapler, 3.9mm x 6.9mm,
57 stainless steel, 35 staples, 5pcs/box, 15 bxs 3,000.00 45,000.00
with staple remover in each box
Specimen container for stool,
disposable, plastic, with screw cap
58 3,000 pcs 6.50 19,500.00
cover, w/ scoop, with writable label
for specimen data
Specimen container for
20,00
59 urine/sputum, disposable, plastic, pcs 5.00 100,000.00
0
w/ screw cap cover, 50 cc capacity,

46
 with writable label for specimen
data
Specimen Container, disposable,
60 plastic, w/ screw cap cover, 120 cc 100 pcs 15.00 1,500.00
capacity, sterile
Sterilizing concentrate, 5Lgal, 30
61 36 gals 3,500.00 126,000.00
days, ready to use
Stomach/Feeding Tube, Fr-16,
62 1,000 pcs 20.00 20,000.00
sterile
Stomach/Feeding Tube, Fr-16,
63 300 pcs 650.00 195,000.00
sterile, silicon
Stylet, intubating guide wire,
64 flexible metallic rod, enclosed in 5 pcs 600.00 3,000.00
PVC sheath, having blunt end, Fr. 8
Stylet, intubating guide wire,
65 flexible metallic rod, enclosed in 10 pcs 600.00 6,000.00
PVC sheath, having blunt end, Fr. 12
Stylet, intubating guide wire,
66 flexible metallic rod, enclosed in 10 pcs 600.00 6,000.00
PVC sheath, having blunt end, Fr. 14
Suction Bottle, plastic, 1500ml
67 capacity, compatible with Bluecross 10 pcs 3,000.00 30,000.00
suction machine
Suction Catheter, Fr-14, sterile
68 5 bxs 540.00 2,700.00
50's/box
Suction Catheter, Fr-16, sterile
69 25 bxs 540.00 13,500.00
50's/box
Suction poole set, w/curved suction
70 tip & detachable suction guard, 500 sets 240.00 120,000.00
disposable, sterile, s.1/4''x36mtr
Surgical Cap, Disposable,
71 50 pks 190.00 9,500.00
100's/pack
Syringe, 0.5ml (Insulin Syringe),
72 Ultra Fine, short needle 100's/box, 79 bxs 1,000.00 79,000.00
sterile
Syringe, 1.0ml (Insulin Syringe),
73 Ultra Fine, short needle 100's/box, 50 bxs 900.00 45,000.00
sterile
Syringe, 1 cc w / G-25 needle,
74 150 bxs 250.00 37,500.00
100/box, sterile disposable
Syringe, 2.5-3 cc w/ needle, G-23,
75 1,500 bxs 280.00 420,000.00
100/box, sterile disposable
Syringe, 5 cc with needle G-23,
76 1,500 bxs 400.00 600,000.00
100's/box, sterile disposable
Syringe, 10 cc with needle, G-23,
77 200 bxs 600.00 120,000.00
100/box, sterile, disposable
Syringe, 20 cc with needle, G-23,
78 40 bxs 960.00 38,400.00
50/box, sterile, disposable
Syringe, 50 cc, sterile, disposable,
79 800 pcs 20.00 16,000.00
luer lock connector
Syringe, 120 cc, sterile, disposable,
80 500 pcs 35.00 17,500.00
luer lock connector
81 Tracheostomy Care Kit, sterile 300 kits 250.00 75,000.00
Underpads, water proof side
82 200 pks 230.00 46,000.00
barrier, super absorbent, 10s/pack

47
 83 Urine collector, pedia, 100pcs/pack 30 bxs 500.00 15,000.00

TOTAL P7,884,050.00
28.4 No further instructions.

29.2 “No additional requirement.”

(f) “No additional requirement.”

48
 Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The GCC in Section IV, read in conjunction with the SCC in Section V and other
documents listed therein, should be a complete document expressing all the rights and
obligations of the parties.

The GCC herein shall not be altered. Any changes and complementary information, which
may be needed, shall be introduced only through the SCC in Section V.

49
 TABLE OF CONTENTS

1. DEFINITIONS 52
2. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE
PRACTICES 53
3. INSPECTION AND AUDIT BY THE FUNDING SOURCE 54
4. GOVERNING LAW AND LANGUAGE 54
5. NOTICES 54
6. SCOPE OF CONTRACT 55
7. SUBCONTRACTING 55
8. PROCURING ENTITY’S RESPONSIBILITIES 55
9. PRICES 55
10. PAYMENT 56
11. ADVANCE PAYMENT AND TERMS OF PAYMENT 56
12. TAXES AND DUTIES 57
13. PERFORMANCE SECURITY 57
14. USE OF CONTRACT DOCUMENTS AND INFORMATION 58
15. STANDARDS 58
16. INSPECTION AND TESTS 58
17. WARRANTY 59
18. DELAYS IN THE SUPPLIER’S PERFORMANCE 60
19. LIQUIDATED DAMAGES 60
20. SETTLEMENT OF DISPUTES 60
21. LIABILITY OF THE SUPPLIER 61
22. FORCE MAJEURE 61
23. TERMINATION FOR DEFAULT 61
24. TERMINATION FOR INSOLVENCY 62
25. TERMINATION FOR CONVENIENCE 62
26. TERMINATION FOR UNLAWFUL ACTS 63
27. PROCEDURES FOR TERMINATION OF CONTRACTS 63
28. ASSIGNMENT OF RIGHTS 64

50
29. CONTRACT AMENDMENT 65
30. APPLICATION 65

51
36. Definitions
36.1. In this Contract, the following terms shall be interpreted as indicated:

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

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

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

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

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

Section.

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

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

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

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

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

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

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

(l) “Day” means calendar day.

(m) The “Effective Date” of the contract will be the date of 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.

52
37. Corrupt, Fraudulent, Collusive, and Coercive Practices
37.1. Unless otherwise provided in the SCC, the Procuring Entity as well as
the bidders, contractors, or suppliers shall observe the highest standard of
ethics during the procurement and execution of this Contract. In pursuance of
this policy, the Procuring Entity:

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

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

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

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

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

(iii) “collusive practices” means a scheme or arrangement between

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

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

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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

53
 (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.

37.2. 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 (a).

38. Inspection and Audit by the Funding Source

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

39. Governing Law and Language

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

39.2. 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.

40. Notices
40.1. 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.

40.2. 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 40.1.

41. Scope of Contract

54
 41.1. The Goods and Related Services to be provided shall be as specified in
Section VI. Schedule of Requirements.

41.2. 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.

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

42.2. 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.

43. Procuring Entity’s Responsibilities

43.1. 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.

43.2. The Procuring Entity shall pay all costs involved in the performance of
its responsibilities in accordance with GCC Clause 41.

44. Prices
44.1. 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.

44.2. 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 64.

45. Payment

55
 45.1. Payments shall be made only upon a certification by the HoPE to the
effect that the Goods have been rendered or delivered in accordance with the
terms of this Contract and have been duly inspected and accepted. Except
with the prior approval of the President no payment shall be made for services
not yet rendered or for supplies and materials not yet delivered under this
Contract. Ten percent (10%) of the amount of each payment shall be retained
by the Procuring Entity to cover the Supplier’s warranty obligations under this
Contract as described in GCC Clause 52.

45.2. 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 41.2, and upon fulfillment of
other obligations stipulated in this Contract.

45.3. Pursuant to GCC Clause 45.2, 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.

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

45.5. 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.

46. Advance Payment and Terms of Payment

46.1. 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.

46.2. All progress payments shall first be charged against the advance
payment until the latter has been fully exhausted.

46.3. For Goods supplied from abroad, unless otherwise indicated in the
SCC, the terms of payment shall be as follows:

(a) On Contract Signature: Fifteen Percent (15%) of the Contract Price

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

(b) On Delivery: Sixty-five percent (65%) of the Contract Price shall be

paid to the Supplier within sixty (60) days after the date of receipt of the

56
 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.

47. 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.

48. Performance Security

48.1. 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.

48.2. 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.

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

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

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

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

(c) Other terms specified in the SCC.

48.5. 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

57
 of such reductions is not more than fifty percent (50%) of the original
performance security.

49. Use of Contract Documents and Information

49.1. 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.

49.2. Any document, other than this Contract itself, enumerated in GCC
Clause 49.1 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.

50. 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.

51. Inspection and Tests

51.1. 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.

51.2. 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.

51.3. 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.

51.4. 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

58
 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 40.

51.5. 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.

52. Warranty
52.1. 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.

52.2. 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.

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

Supplier, a warranty shall be required from the Supplier for a minimum period
specified in the SCC. The obligation for the warranty shall be covered by, at
the Supplier’s option, either retention money in an amount equivalent to at
least one percent (1%) of every progress payment, or a special bank guarantee
equivalent to at least one percent (1%) of the total Contract Price or other such
amount if so specified in the SCC. The said amounts shall only be released
after the lapse of the warranty period specified in the SCC; provided,
however, that the Supplies delivered are free from patent and latent defects
and all the conditions imposed under this Contract have been fully met.

52.4. 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.

52.5. If the Supplier, having been notified, fails to remedy the defect(s)
within the period specified in GCC Clause 52.4, 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.

53. Delays in the Supplier’s Performance

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

59
 53.2. 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 57, the Procuring Entity shall
evaluate the situation and may extend the Supplier’s time for performance, in
which case the extension shall be ratified by the parties by amendment of
Contract.

53.3. Except as provided under GCC Clause 57, 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 54, unless an
extension of time is agreed upon pursuant to GCC Clause 64 without the
application of liquidated damages.

54. Liquidated Damages

Subject to GCC Clauses 53 and 57, 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 58,
without prejudice to other courses of action and remedies open to it.

55. Settlement of Disputes

55.1. 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.

55.2. 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.

55.3. 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.

55.4. 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.”

60
 55.5. 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.

56. Liability of the Supplier

56.1. 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.

56.2. 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.

57. Force Majeure

57.1. 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.

57.2. 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.

57.3. 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.

58. Termination for Default

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

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

61
 (b) As a result of force majeure, the Supplier is unable to deliver or
perform any or all of the Goods, amounting to at least ten percent (10%) of the
contract price, for a period of not less than sixty (60) calendar days after
receipt of the notice from the Procuring Entity stating that the circumstance of
force majeure is deemed to have ceased; or

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

58.2. In the event the Procuring Entity terminates this Contract in whole or in
part, for any of the reasons provided under GCC Clauses 58 to 61, 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.

58.3. 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.

59. 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.

60. Termination for Convenience

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

60.2. 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.

62
 60.3. 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.

61. Termination for Unlawful Acts

61.1. 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

(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.

62. Procedures for Termination of Contracts

62.1. 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.

63
 (c) The Notice to Terminate shall be accompanied by a copy of the
Verified Report;

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

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

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

(g) The HoPE may create a Contract Termination Review Committee

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

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

63. 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.

64. 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.

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

64
 Section V. Special Conditions of Contract
Notes on the Special Conditions of Contract

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

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

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

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

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

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

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

Section IX-Foreign-Assisted Projects.

65
 Special Conditions of Contract
GCC Clause
(g) The Procuring Entity is Dr. Jose Rizal Memorial Hospital
(i) The Supplier is [to be inserted at the time of contract award].
(j) The Funding Source is

the Government of the Philippines (GOP) through MDS Regular

Account of CY 2018 in the amount of SEVEN MILLION EIGHT
HUNDRED EIGHTY FOUR THOUSAND FIFTY PESOS ONLY
(P 7,884,050.00).

NOTE: In the case of National Government Agencies, the General

Appropriations Act and/or continuing appropriations; in the case of
Government-Owned and/or –Controlled Corporations, Government
Financial Institutions, and State Universities and Colleges, the
Corporate Budget for the contract approved by the governing Boards;
in the case of Local Government Units, the Budget for the contract
approved by the respective Sanggunian.
(k) The Project Site is Dr. Jose Rizal Memorial Hospital, Dapitan City.
For multiple sites state “The Project sites are defined in Section VI.
Schedule of Requirements”]
2.1 No further instructions.
41.2 List here any additional requirements for the completion of this
Contract. The following requirements and the corresponding
provisions may be deleted, amended, or retained depending on its
applicability to this Contract:

Delivery and Documents –

For purposes of the Contract, “EXW,” “FOB,” “FCA,” “CIF,” “CIP,”

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

For Goods Supplied from Abroad, state “The delivery terms

applicable to the Contract are DDP delivered [insert place of
destination]. In accordance with INCOTERMS.”

For Goods Supplied from Within the Philippines, state “The delivery
terms applicable to this Contract are delivered [insert place of
destination]. Risk and title will pass from the Supplier to the
Procuring Entity upon receipt and final acceptance of the Goods at
their final destination.”

Delivery of the Goods shall be made by the Supplier in accordance

66
with the terms specified in Section VI. Schedule of Requirements.
The details of shipping and/or other documents to be furnished by the
Supplier are as follows:

For Goods supplied from within the Philippines:

Upon delivery of the Goods to the Project Site, the Supplier shall
notify the Procuring Entity and present the following documents to
the Procuring Entity:

(i) Original and four copies of the Supplier’s invoice showing

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

For Goods supplied from abroad:

Upon shipment, the Supplier shall notify the Procuring Entity and the
insurance company by cable the full details of the shipment, including
Contract Number, description of the Goods, quantity, vessel, bill of
lading number and date, port of loading, date of shipment, port of
discharge etc. Upon delivery to the Project Site, the Supplier shall
notify the Procuring Entity and present the following documents as
applicable with the documentary requirements of any letter of credit
issued taking precedence:

(i) Original and four copies of the Supplier’s invoice showing

Goods’ description, quantity, unit price, and total amount;
(ii) Original and four copies of the negotiable, clean shipped on
board bill of lading marked “freight pre-paid” and five copies
of the non-negotiable bill of lading ;
(iii) Original Supplier’s factory inspection report;
(iv) Original and four copies of the Manufacturer’s and/or
Supplier’s warranty certificate;
(v) Original and four copies of the certificate of origin (for
imported Goods);
(vi) Delivery receipt detailing number and description of items

67
 received signed by the Procuring Entity’s representative at the
Project Site;
(vii) Certificate of Acceptance/Inspection Report signed by the
Procuring Entity’s representative at the Project Site; and
(viii) 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 are:

ROSA D. MANUEL
Administrative Officer V
Head, BAC Secretariat

ADORA J. TAMBASEN, RN, MN

Nurse V
BAC Chairperson

Packaging –

The Supplier shall provide such packaging of the Goods as is required

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

The packaging, marking, and documentation within and outside the

packages shall comply strictly with such special requirements as shall
be expressly provided for in the Contract, including additional
requirements, if any, specified below, and in any subsequent
instructions ordered by the Procuring Entity.

The outer packaging must be clearly marked on at least four (4) sides
as follows:
Name of the Procuring Entity
Name of the Supplier
Contract Description
Final Destination
Gross weight
Any special lifting instructions
Any special handling instructions

68
Any relevant HAZCHEM classifications

A packaging list identifying the contents and quantities of the package

is to be placed on an accessible point of the outer packaging if
practical. If not practical the packaging list is to be placed inside the
outer packaging but outside the secondary packaging.

Insurance –

The Goods supplied under this Contract shall be fully insured by the
Supplier in a freely convertible currency against loss or damage
incidental to manufacture or acquisition, transportation, storage, and
delivery. The Goods remain at the risk and title of the Supplier until
their final acceptance by the Procuring Entity.

Transportation –

Where the Supplier is required under Contract to deliver the Goods

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

Where the Supplier is required under this Contract to transport the

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

Where the Supplier is required under Contract to deliver the Goods

CIF, CIP or DDP, Goods are to be transported on carriers of
Philippine registry. In the event that no carrier of Philippine registry is
available, Goods may be shipped by a carrier which is not of
Philippine registry provided that the Supplier obtains and presents to
the Procuring Entity certification to this effect from the nearest
Philippine consulate to the port of dispatch. In the event that carriers
of Philippine registry are available but their schedule delays the
Supplier in its performance of this Contract the period from when the
Goods were first ready for shipment and the actual date of shipment
the period of delay will be considered force majeure in accordance
with GCC Clause 57.

The Procuring Entity accepts no liability for the damage of Goods

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

69
 Patent Rights –

The Supplier shall indemnify the Procuring Entity against all

third-party claims of infringement of patent, trademark, or industrial
design rights arising from use of the Goods or any part thereof.
10.4 “Not applicable”
10.5 “Not applicable”
11.3 “Maintain the GCC Clause.”

(c) “No further instructions”.

51.1 “None”.
52.3 If the Goods pertain to Expendable Supplies: Three (3) months after
acceptance by the Procuring Entity of the delivered Goods or after the
Goods are consumed, whichever is earlier.

If the Goods pertain to Non-expendable Supplies: One (1) year after

acceptance by the Procuring Entity of the delivered Goods.
52.4 The period for correction of defects in the warranty period is seven
(7) calendar days.
56.1 “No additional provision.”

70
 Section VI. Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which
is the date of delivery to the project site.
Delivered,
Item
Description Quantity Total Weeks/
No.
Months
15 working
1 Alcohol Swab, 70% Isoprophyl Prep, 100's/box 800 bxs NO BID
days
15 working
2 Arm sling, Pedia / adjustable fit 100 pcs NO BID
days
15 working
3 Asepto syringe / 60 cc, plastic, disposable 200 pcs NO BID
days
Php17,600.00(sev 15 working
Autoclave Indicator / paper tape, 19mm x 50 enteen thousand days
4 80 rolls
meters, with strong adhesion quality six hundred
pesos only)
15 working
5 Bedpan, plastic, disposable, durable quality 500 pcs NO BID
days
15 working
6 Cervical collar, adult / adjustable fit 50 pcs NO BID
days
Closed Wound Suction Drainage System / w/ Php82,500.00(eig 15 working
spring bellows, w/ clamp and Y connector, hty two thousand days
7 50 pcs
curved needle, Fr. 14, bellow container 400- five hundred
500 ml capacity pesos only)
NO BID 15 working
8 Colostomy bag, Adult, at least 25cm x 15cm 3,000 pcs
days
NO BID 15 working
9 Colostomy bag, Pedia, at least 20cm x 14cm 500 pcs
days
Cotton Balls, 400 grams/pack, 100% cotton, NO BID 15 working
10 150 packs
super absorbent, with no impurities, non-sterile days
15 working
11 Cotton Balls, Pre-Sterilized Pack, 5'S/pack 20,000 packs NO BID
days
CTG recorder Paper for Fetal Monitor, Z-fold, NO BID 15 working
12 thermosensitive, (152mm GE or 150mm Philips 100 pcs days
Recorder Paper)
Disinfectant Tablet – concentrated disinfectant 15 working
13 tablet, contains 50% Troclosene sodium 100 pcs NO BID days
(NaDCC)
Php22,500.00(T 15 working
wenty two days
ECG chest electrode / flat type w/ highly
14 1,500 pcs thousand five
conductive gel, superior adhesion, disposable
hundred pesos
only)
ECG tracing paper / 80mmx20m, thermal, 15 working
15 200 rolls NO BID
compatible with EDAN SE-3 model days
15 working
16 Elastic bandage, 4"x5 yards, 12's/pack 180 pks NO BID
days
Electrocautery Grounding Pad, w/ cable cord, 15 working
w/ hydrogel adhesive conductive adult patient days
17 50 pcs NO BID
plate, disposable, compatible w/ Elpis, Bovie &
Valleylab electrocautery machine

71
 Electrocautery Pencil w/ Tip , disposable, 15 working
18 compatible w/ Elpis, Bovie & Valleylab 300 pcs NO BID days
Electrocautery Machine
Face mask / with eyeshield / earloop, anti fog, 15 working
19 5 pks NO BID
fluid resistant, latex-free, 100's/pack days
Face mask / with eyeshield / tie-on, anti fog, 15 working
20 5 pks NO BID
fluid resistant, latex-free, 100's/pack days
15 working
21 Face mask, N-95, respirator mask, with ear loop 1,000 pcs NO BID
days
Face Mask, Surgical, Earloop, disposable, 15 working
22 300 bxs NO BID
50's/box days
Foley Balloon Catheter, Fr. 14, natural rubber 15 working
23 20 bxs NO BID
latex, 5-15ml sterile 2-way,10/box days
Foley Balloon Catheter, Fr. 16, natural rubber 15 working
24 200 bxs NO BID
latex, 5-15ml sterile 2-way,10/box days
Foley balloon catheter, Fr. 24, natural rubber 15 working
25 10 pcs NO BID
latex, silicon, sterile, 3-way days
Gloves, Examination, large, thick, latex, 15 working
26 300 bxs NO BID
disposable, 100 pcs/ box, non-sterile days
Gloves, Examination, medium, thick, latex, 15 working
27 500 bxs NO BID
disposable, 100 pcs/ box, non-sterile days
Gloves, Examination, small, latex, disposable, 15 working
28 500 bxs NO BID
100 pcs/ box, non-sterile days
Gloves, Obstetrical, 18.5" elbow length, sterile, 15 working
29 150 pairs NO BID
latex, powder free surgical glove, size 6.5 days
Gloves, Obstetrical, 18.5" elbow length, sterile, 15 working
30 150 pairs NO BID
latex, powder free surgical glove, size 7 days
Gloves, Surgical, size 6.5, thick, latex, sterile, 15 working
31 powder free, hypoallergenic, fits snugly on the 450 bxs NO BID days
wrist, 50's/box
Gloves, Surgical, size 7, thick, latex, sterile, 15 working
32 powder free, hypoallergenic, fits snugly on the 400 bxs NO BID days
wrist, 50/box
Hospital Gauze, non-absorbable, 36" x 100 15 working
33 170 rolls NO BID
yrds, 28x24 mesh / roll days
Ice bag, 400cc capacity, Size 6", rubberized 15 working
34 100 pcs NO BID
cloth linen and rayon days
Infusion Set, Macro Drip, sterile, w/ needleless 15 working
Y injection port, Male luer lock connector, days
35 1,000 pcs NO BID
150cm tube length, with long length between y-
port and connector
Infusion set, Micro Drip, sterile, w/ needleless 15 working
Y injection port, Male luer lock connector, days
36 600 pcs NO BID
150cm tube length, with long length between y-
port and connector
Infusion set, Pediatric Solution Set, non toxic, 15 working
pyrogen free w/ burette 150cc, w/ Y injection days
37 port, male luer lock connector, 150cm tube 3,500 pcs NO BID
length, with long length between y-port and
connector
15 working
38 IV Cannula, G - 18, with injection port, sterile 5,000 pcs NO BID
days
Php37,000.00( 15 working
39 IV Cannula, G - 20, with injection port, sterile 2,000 pcs days
Thirty Seven

72
 thousand
pesos only)
Php37,000.00( 15 working
Thirty Seven days
40 IV Cannula, G - 22, with injection port, sterile 2,000 pcs
thousand
pesos only)
Php100,000.0 15 working
0(One days
41 IV Cannula, G - 24, with injection port, sterile 5,000 pcs hundred
thousand
Pesos only)
NO BID 15 working
42 IV Cannula, G - 26, with injection port, sterile 2,000 pcs
days
IV Dressing, transparent, Sterile, Contours to NO BID 15 working
body and flexes with skin, Breathable, days
43 8,000 pcs
waterproof bacterial barrier, superior adhesion,
4x4"
IV Extension Set, Twin site, Sterile, 6 inches or NO BID 15 working
44 more, 2 female adapters, 1 male luer lock end, 100 pcs days
with lock connector
15 working
45 Kidney basin, plastic, autoclavable, 8 inches 100 pcs NO BID
days
Lubricating Gel, sterile, water soluble 50cc net 15 working
46 250 tubes NO BID
content days
Male urinal, plastic, disposable, translucent, 15 working
with lid, permits easy measuring and days
47 1,000 pcs NO BID
visualization of contents, with calibration for
measuring contents
Oral care kit, includes a suction brush, 24-hour 15 working
48 100 pcs NO BID
day kit days
NO BID 15 working
49 Oxygen Face Mask, pediatric, w/ tubing 500 pcs
days
NO BID 15 working
50 Oxygen Nasal Cannula, neonate 1,000 pcs
days
Plaster, Adhesive / adheres well to skin, water 15 working
51 3,000 rolls NO BID
resistant, 2.5 cm x 5m days
Plaster, Adhesive / adheres well to skin, water NO BID 15 working
52 400 rolls
resistant, 5 cm x 5m days
Plaster, Adhesive / adheres well to skin, water 15 working
53 240 rolls NO BID
resistant, 7.5 cm x 5m days
Plaster, paper tape, Latex-free, hypoallergenic, NO BID 15 working
54 25 bxs
1 inch x 10 yards, 12's/box days
15 working
55 Polypropylene Mesh, 3" x 6" 30 pcs NO BID
days
Scrub brush, w/ povidone iodine or 4% NO BID 15 working
56 chlorhexidinedigluconate, cleanser & detergent, 1,400 pcs days
nail cleaner and soft bristled brush
Skin stapler, 3.9mm x 6.9mm, stainless steel, 35 15 working
57 staples, 5pcs/box, with staple remover in each 15 bxs NO BID days
box
Specimen container for stool, disposable, NO BID 15 working
58 plastic, with screw cap cover, w/ scoop, with 3,000 pcs days
writable label for specimen data

73
 Specimen container for urine/sputum, 15 working
59 disposable, plastic, w/ screw cap cover, 50 cc 20,000 pcs NO BID days
capacity, with writable label for specimen data
Specimen Container, disposable, plastic, w/ NO BID 15 working
60 100 pcs
screw cap cover, 120 cc capacity, sterile days
Php126,000.0 15 working
0(One days
Sterilizing concentrate, 5Lgal, 30 days, ready to Hundred
61 36 gals
use twenty six
thousand
pesos Only)
NO BID 15 working
62 Stomach/Feeding Tube, Fr-16, sterile 1,000 pcs
days
NO BID 15 working
63 Stomach/Feeding Tube, Fr-16, sterile, silicon 300 pcs
days
Php1,250.00( 15 working
Stylet, intubating guide wire, flexible metallic One thousand days
64 rod, enclosed in PVC sheath, having blunt end, 5 pcs two hundred
Fr. 8 fifty pesos
only)
Php2,500.00( 15 working
Stylet, intubating guide wire, flexible metallic days
Two thousand
65 rod, enclosed in PVC sheath, having blunt end, 10 pcs
Fr. 12 Five hundred
pesos only)
Php2,500.00( 15 working
Stylet, intubating guide wire, flexible metallic days
Two thousand
66 rod, enclosed in PVC sheath, having blunt end, 10 pcs
Fr. 14 Five hundred
pesos only)
Suction Bottle, plastic, 1500ml capacity, NO BID 15 working
67 10 pcs
compatible with Bluecross suction machine days
NO BID 15 working
68 Suction Catheter, Fr-14, sterile 50's/box 5 bxs
days
NO BID 15 working
69 Suction Catheter, Fr-16, sterile 50's/box 25 bxs
days
Suction poole set, w/curved suction tip & NO BID 15 working
70 detachable suction guard, disposable, sterile, 500 sets days
s.1/4''x36mtr
NO BID 15 working
71 Surgical Cap, Disposable, 100's/pack 50 pks
days
Syringe, 0.5ml (Insulin Syringe), Ultra Fine, NO BID 15 working
72 79 bxs
short needle 100's/box, sterile days
Syringe, 1.0ml (Insulin Syringe), Ultra Fine, NO BID 15 working
73 50 bxs
short needle 100's/box, sterile days
Syringe, 1 cc w / G-25 needle, 100/box, sterile NO BID 15 working
74 150 bxs
disposable days
Syringe, 2.5-3 cc w/ needle, G-23, 100/box, NO BID 15 working
75 1,500 bxs
sterile disposable days
Syringe, 5 cc with needle G-23, 100's/box, NO BID 15 working
76 1,500 bxs
sterile disposable days
Syringe, 10 cc with needle, G-23, 100/box, NO BID 15 working
77 200 bxs
sterile, disposable days
78 Syringe, 20 cc with needle, G-23, 50/box, 40 bxs NO BID 15 working

74
 sterile, disposable days
Syringe, 50 cc, sterile, disposable, luer lock NO BID 15 working
79 800 pcs
connector days
Syringe, 120 cc, sterile, disposable, luer lock NO BID 15 working
80 500 pcs
connector days
NO BID 15 working
81 Tracheostomy Care Kit, sterile 300 kits
days
Underpads, water proof side barrier, super NO BID 15 working
82 200 pks
absorbent, 10s/pack days
NO BID 15 working
83 Urine collector, pedia, 100pcs/pack 30 bxs
days

75
 Section VII. Technical Specifications

Notes for Preparing the Technical Specifications

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

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

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

Sample Clause: Equivalency of Standards and Codes

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

Reference to brand name and catalogue number should be avoided as far as possible;
where unavoidable they should always be followed by the words “or at least equivalent.”

76
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.

77
 Technical Specifications
Statement of Compliance
Item Specification
“Bidder’s Specification”
1 Alcohol Swab, 70% Isoprophyl Prep, 100's/box NOT COMPLY
2 Arm sling, Pedia / adjustable fit NOT COMPLY
3 Asepto syringe / 60 cc, plastic, disposable NOT COMPLY
Autoclave Indicator / paper tape, 19mm x
Autoclave Indicator / paper tape, 19mm x 50 meters, 50 meters, with strong adhesion quality
4
with strong adhesion quality COMPLY
PMS/TURKEY
5 Bedpan, plastic, disposable, durable quality NOT COMPLY
6 Cervical collar, adult / adjustable fit NOT COMPLY
Closed Wound Suction Drainage System /
w/ spring bellows, w/ clamp and Y
Closed Wound Suction Drainage System / w/ spring
connector, curved needle, Fr. 14, bellow
7 bellows, w/ clamp and Y connector, curved needle,
container 400- 500 ml capacity
Fr. 14, bellow container 400- 500 ml capacity
COMPLY
BICACKCILAR/TURKEY
8 Colostomy bag, Adult, at least 25cm x 15cm NOT COMPLY
9 Colostomy bag, Pedia, at least 20cm x 14cm NOT COMPLY
Cotton Balls, 400 grams/pack, 100% cotton, super NOT COMPLY
10
absorbent, with no impurities, non-sterile
11 Cotton Balls, Pre-Sterilized Pack, 5'S/pack NOT COMPLY
CTG recorder Paper for Fetal Monitor, Z-fold, NOT COMPLY
12 thermosensitive, (152mm GE or 150mm Philips
Recorder Paper)
Disinfectant Tablet – concentrated disinfectant tablet, NOT COMPLY
13
contains 50% Troclosene sodium (NaDCC)
ECG chest electrode / flat type w/ highly conductive NOT COMPLY
14
gel, superior adhesion, disposable
ECG tracing paper / 80mmx20m, thermal, compatible NOT COMPLY
15
with EDAN SE-3 model
16 Elastic bandage, 4"x5 yards, 12's/pack NOT COMPLY
Electrocautery Grounding Pad, w/ cable cord, w/ NOT COMPLY
hydrogel adhesive conductive adult patient plate,
17
disposable, compatible w/ Elpis, Bovie & Valleylab
electrocautery machine
Electrocautery Pencil w/ Tip , disposable, compatible NOT COMPLY
18
w/ Elpis, Bovie & Valleylab Electrocautery Machine
Face mask / with eyeshield / earloop, anti fog, fluid NOT COMPLY
19
resistant, latex-free, 100's/pack
Face mask / with eyeshield / tie-on, anti fog, fluid NOT COMPLY
20
resistant, latex-free, 100's/pack
21 Face mask, N-95, respirator mask, with ear loop NOT COMPLY
22 Face Mask, Surgical, Earloop, disposable, 50's/box NOT COMPLY
Foley Balloon Catheter, Fr. 14, natural rubber latex, NOT COMPLY
23
5-15ml sterile 2-way,10/box
Foley Balloon Catheter, Fr. 16, natural rubber latex, NOT COMPLY
24
5-15ml sterile 2-way,10/box

78
 Foley balloon catheter, Fr. 24, natural rubber latex, NOT COMPLY
25
silicon, sterile, 3-way
Gloves, Examination, large, thick, latex, disposable, NOT COMPLY
26
100 pcs/ box, non-sterile
Gloves, Examination, medium, thick, latex, NOT COMPLY
27
disposable, 100 pcs/ box, non-sterile
Gloves, Examination, small, latex, disposable, 100 NOT COMPLY
28
pcs/ box, non-sterile
Gloves, Obstetrical, 18.5" elbow length, sterile, latex, NOT COMPLY
29
powder free surgical glove, size 6.5
Gloves, Obstetrical, 18.5" elbow length, sterile, latex, NOT COMPLY
30
powder free surgical glove, size 7
Gloves, Surgical, size 6.5, thick, latex, sterile, powder NOT COMPLY
31
free, hypoallergenic, fits snugly on the wrist, 50's/box
Gloves, Surgical, size 7, thick, latex, sterile, powder NOT COMPLY
32
free, hypoallergenic, fits snugly on the wrist, 50/box
Hospital Gauze, non-absorbable, 36" x 100 yrds, NOT COMPLY
33
28x24 mesh / roll
Ice bag, 400cc capacity, Size 6", rubberized cloth NOT COMPLY
34
linen and rayon
Infusion Set, Macro Drip, sterile, w/ needleless Y NOT COMPLY
35 injection port, Male luer lock connector, 150cm tube
length, with long length between y-port and connector
Infusion set, Micro Drip, sterile, w/ needleless Y NOT COMPLY
36 injection port, Male luer lock connector, 150cm tube
length, with long length between y-port and connector
Infusion set, Pediatric Solution Set, non toxic, NOT COMPLY
pyrogen free w/ burette 150cc, w/ Y injection port,
37
male luer lock connector, 150cm tube length, with
long length between y-port and connector
38 IV Cannula, G - 18, with injection port, sterile NOT COMPLY
IV Cannula, G - 20, with injection port,
sterile
39 IV Cannula, G - 20, with injection port, sterile
COMPLY
BICACKCILAR/TURKEY
IV Cannula, G - 22, with injection port,
sterile
40 IV Cannula, G - 22, with injection port, sterile
COMPLY
BICACKCILAR/TURKEY
IV Cannula, G - 24, with injection port,
sterile
41 IV Cannula, G - 24, with injection port, sterile
COMPLY
BICACKCILAR/TURKEY
42 IV Cannula, G - 26, with injection port, sterile NOT COMPLY
IV Dressing, transparent, Sterile, Contours to body NOT COMPLY
43 and flexes with skin, Breathable, waterproof bacterial
barrier, superior adhesion, 4x4"
IV Extension Set, Twin site, Sterile, 6 inches or NOT COMPLY
44 more, 2 female adapters, 1 male luer lock end, with
lock connector
45 Kidney basin, plastic, autoclavable, 8 inches NOT COMPLY
Lubricating Gel, sterile, water soluble 50cc net NOT COMPLY
46
content

79
 Male urinal, plastic, disposable, translucent, with lid, NOT COMPLY
permits easy measuring and visualization of contents,
47 with calibration for measuring contents

48 Oral care kit, includes a suction brush, 24-hour day kit NOT COMPLY
49 Oxygen Face Mask, pediatric, w/ tubing NOT COMPLY
50 Oxygen Nasal Cannula, neonate NOT COMPLY
Plaster, Adhesive / adheres well to skin, water NOT COMPLY
51
resistant, 2.5 cm x 5m
Plaster, Adhesive / adheres well to skin, water NOT COMPLY
52
resistant, 5 cm x 5m
Plaster, Adhesive / adheres well to skin, water NOT COMPLY
53
resistant, 7.5 cm x 5m
Plaster, paper tape, Latex-free, hypoallergenic, 1 inch NOT COMPLY
54
x 10 yards, 12's/box
55 Polypropylene Mesh, 3" x 6" NOT COMPLY
Scrub brush, w/ povidone iodine or 4% NOT COMPLY
56 chlorhexidinedigluconate, cleanser & detergent, nail
cleaner and soft bristled brush
Skin stapler, 3.9mm x 6.9mm, stainless steel, 35 NOT COMPLY
57
staples, 5pcs/box, with staple remover in each box
Specimen container for stool, disposable, plastic, NOT COMPLY
58 with screw cap cover, w/ scoop, with writable label
for specimen data
Specimen container for urine/sputum, disposable, NOT COMPLY
59 plastic, w/ screw cap cover, 50 cc capacity, with
writable label for specimen data
Specimen Container, disposable, plastic, w/ screw cap NOT COMPLY
60
cover, 120 cc capacity, sterile
Sterilizing concentrate, 5Lgal, 30 days,
ready to use
61 Sterilizing concentrate, 5Lgal, 30 days, ready to use COMPLY
DECONEX
POWERZYME/SWITZERLAND
62 Stomach/Feeding Tube, Fr-16, sterile NOT COMPLY
63 Stomach/Feeding Tube, Fr-16, sterile, silicon NOT COMPLY
Stylet, intubating guide wire, flexible
metallic rod, enclosed in PVC sheath,
Stylet, intubating guide wire, flexible metallic rod,
64 having blunt end, Fr. 8
enclosed in PVC sheath, having blunt end, Fr. 8
COMPLY
BICACKCILAR/TURKEY
Stylet, intubating guide wire, flexible
metallic rod, enclosed in PVC sheath,
Stylet, intubating guide wire, flexible metallic rod,
65 having blunt end, Fr. 12
enclosed in PVC sheath, having blunt end, Fr. 12
COMPLY
BICAKCILAR ?TURKEY
Stylet, intubating guide wire, flexible
metallic rod, enclosed in PVC sheath,
Stylet, intubating guide wire, flexible metallic rod,
66 having blunt end, Fr. 14
enclosed in PVC sheath, having blunt end, Fr. 14
COMPLY
BICACKCILAR/TURKEY
Suction Bottle, plastic, 1500ml capacity, compatible NOT COMPLY
67
with Bluecross suction machine

80
68 Suction Catheter, Fr-14, sterile 50's/box NOT COMPLY
69 Suction Catheter, Fr-16, sterile 50's/box NOT COMPLY
Suction poole set, w/curved suction tip & detachable NOT COMPLY
70
suction guard, disposable, sterile, s.1/4''x36mtr
71 Surgical Cap, Disposable, 100's/pack NOT COMPLY
Syringe, 0.5ml (Insulin Syringe), Ultra Fine, short NOT COMPLY
72
needle 100's/box, sterile
Syringe, 1.0ml (Insulin Syringe), Ultra Fine, short NOT COMPLY
73
needle 100's/box, sterile
Syringe, 1 cc w / G-25 needle, 100/box, sterile NOT COMPLY
74
disposable
Syringe, 2.5-3 cc w/ needle, G-23, 100/box, sterile NOT COMPLY
75
disposable
Syringe, 5 cc with needle G-23, 100's/box, sterile NOT COMPLY
76
disposable
Syringe, 10 cc with needle, G-23, 100/box, sterile, NOT COMPLY
77
disposable
Syringe, 20 cc with needle, G-23, 50/box, sterile, NOT COMPLY
78
disposable
79 Syringe, 50 cc, sterile, disposable, luer lock connector NOT COMPLY
Syringe, 120 cc, sterile, disposable, luer lock NOT COMPLY
80
connector
81 Tracheostomy Care Kit, sterile NOT COMPLY
Underpads, water proof side barrier, super absorbent, NOT COMPLY
82
10s/pack
83 Urine collector, pedia, 100pcs/pack NOT COMPLY

81
 Section VIII. Bidding Forms

Notes on the Bidding Forms

The Bidder shall complete and submit with its Bid the Bid Form and Price Schedules
in accordance with ITB Clause 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 48 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.

82
 TABLE OF CONTENTS

BID FORM 77
CONTRACT AGREEMENT FORM 94
OMNIBUS SWORN STATEMENT 96
BANK GUARANTEE FORM FOR ADVANCE PAYMENT 86
BID SECURING DECLARATION FORM ……………………………………………87

83
 Bid Form

Date:March 28,2018
Invitation to Bid3 No:PB-2018-03-05

To: DR. JOSE RIZAL MEMORIAL HOSPITAL

Dapitan City

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers [1], the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to
PROCUREMENT OF MEDICAL AND SURGICAL SUPPLIES under IB number PB-
2018-03-05 in conformity with the said Bidding Documents for the sum of FOUR
HUNDRED TWENTY EIGHT THOUSAND EIGHT HUNDRED FIFTY PESOS
ONLY(PHP428,850.00) or such other sums as may be ascertained in accordance with the
Schedule of Prices attached herewith and made part of this Bid.

We undertake, if our Bid is accepted, to deliver the goods in accordance with the
delivery schedule specified in the Schedule of Requirements.

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

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

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

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

and to contract execution if we are awarded the contract, are listed below:4

Name and address Amount and Purpose of

of agent Currency Commission or gratuity

NONE NONE NONE

NONE NONE NONE
(if none, state “None”)

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

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

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

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

84
 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, as the owner and sole proprietor or
authorized representative of VARIANCE TRADING CORPORATION 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 PROCUREMENT OF MEDICAL AND SURGICAL SUPPLIES
under PB-2018-03-05 of the DR. JOSE RIZAL MEMORIAL HOSPITAL is granted full
power and authority by the VARIANCE TRADING CORPORATION, to participate, submit
the bid, and to sign and execute the ensuing contract on the latter’s behalf for
PROCUREMENT OF MEDICAL SURGICAL SUPPLIES under PB-2018-03-05 of the
DR. JOSE RIZAL MEMORIAL HOSPITAL.

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 28TH day of march 2018.

Maria Melani I. Jimenez Business Unit Manager

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of VARIANCE TRADING CORPORATION

85
 For Goods Offered From Abroad

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

.

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

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

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

86
 For Goods Offered From Within the Philippines

Name of Bidder VARIANCE TRADING CORPORATION Invitation to Bid6 Number PB-2018-03-05 Page 1 of 6 .

1 2 3 4 5 6 7 8 9 10
Transportation
Sales and
and Insurance Cost of Total Price
other taxes
and all other Incidental Total Price, delivered Final
Country Unit price EXW payable if
Item Description Quantity costs Services, if per unit Destination
of origin per item Contract is
incidental to applicable, per (col 5+6+7+8) (col 9) x (col
awarded,
delivery, per item 4)
per item
item
1 Alcohol Swab, 70% Isoprophyl Prep, 100's/box 800 Bxs NO BID NO BID NO BID NO BID NO BID NO BID
2 Arm sling, Pedia / adjustable fit 100 Pcs NO BID NO BID NO BID NO BID NO BID NO BID
3 Asepto syringe / 60 cc, plastic, disposable 200 Pcs NO BID NO BID NO BID NO BID NO BID NO BID
PMS/ Php176.78 Php22.00 Php21.22 00 Php220.00(t Php17,600.0
TURKEY wo hundred 0(Seventeen
Autoclave Indicator / paper tape, 19mm x 50
4 80 Rolls twenty pesos thousand six
meters, with strong adhesion quality
Only) hundred
pesos Only)
5 Bedpan, plastic, disposable, durable quality 500 pcs NO BID NO BID NO BID NO BID NO BID NO BID
6 Cervical collar, adult / adjustable fit 50 pcs NO BID NO BID NO BID NO BID NO BID NO BID
Php1,325.89 Php165.00 Php159.11 00 Php1,650.00( Php82,500.0
Closed Wound Suction Drainage System / w/ One 0(Eighty two
spring bellows, w/ clamp and Y connector, BICACK thousand six thousand
7 50 pcs
curved needle, Fr. 14, bellow container 400- 500 CILAR/ hundred five hundred
ml capacity TURKE fifty pesos pesos Only)
Y only)
8 Colostomy bag, Adult, at least 25cm x 15cm 3,000 pcs NO BID NO BID NO BID NO BID NO BID NO BID
9 Colostomy bag, Pedia, at least 20cm x 14cm 500 pcs NO BID NO BID NO BID NO BID NO BID NO BID
Cotton Balls, 400 grams/pack, 100% cotton, NO BID NO BID NO BID NO BID NO BID NO BID
10 150 packs
super absorbent, with no impurities, non-sterile
11 Cotton Balls, Pre-Sterilized Pack, 5'S/pack 20,000 packs NO BID NO BID NO BID NO BID NO BID NO BID
CTG recorder Paper for Fetal Monitor, Z-fold, NO BID NO BID NO BID NO BID NO BID NO BID
12 thermosensitive, (152mm GE or 150mm Philips 100 pcs
Recorder Paper)
13 Disinfectant Tablet – concentrated disinfectant 100 pcs NO BID NO BID NO BID NO BID NO BID NO BID

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

87
 tablet, contains 50% Troclosene sodium
(NaDCC)
BIOPRO Php12.05 Php1.50 Php1.45 00 Php15.00(fif Php22,500.0
TECH/ teen pesos 0(twenty two
ECG chest electrode / flat type w/ highly
14 KOREA 1,500 pcs Only) thousand
conductive gel, superior adhesion, disposable
five hundred
pesos Only)
ECG tracing paper / 80mmx20m, thermal, NO BID NO BID NO BID NO BID NO BID NO BID
15 200 rolls
compatible with EDAN SE-3 model
16 Elastic bandage, 4"x5 yards, 12's/pack 180 pks NO BID NO BID NO BID NO BID NO BID NO BID
Electrocautery Grounding Pad, w/ cable cord, w/ NO BID NO BID NO BID NO BID NO BID NO BID
hydrogel adhesive conductive adult patient plate,
17 50 pcs
disposable, compatible w/ Elpis, Bovie &
Valleylab electrocautery machine
Electrocautery Pencil w/ Tip , disposable, NO BID NO BID NO BID NO BID NO BID NO BID
18 compatible w/ Elpis, Bovie & Valleylab 300 pcs
Electrocautery Machine
Face mask / with eyeshield / earloop, anti fog, NO BID NO BID NO BID NO BID NO BID NO BID
19 5 pks
fluid resistant, latex-free, 100's/pack
Face mask / with eyeshield / tie-on, anti fog, NO BID NO BID NO BID NO BID NO BID NO BID
20 5 pks
fluid resistant, latex-free, 100's/pack
21 Face mask, N-95, respirator mask, with ear loop 1,000 pcs NO BID NO BID NO BID NO BID NO BID NO BID
Face Mask, Surgical, Earloop, disposable, NO BID NO BID NO BID NO BID NO BID NO BID
22 300 bxs
50's/box
Foley Balloon Catheter, Fr. 14, natural rubber NO BID NO BID NO BID NO BID NO BID NO BID
23 20 bxs
latex, 5-15ml sterile 2-way,10/box
Foley Balloon Catheter, Fr. 16, natural rubber NO BID NO BID NO BID NO BID NO BID NO BID
24 200 bxs
latex, 5-15ml sterile 2-way,10/box
Foley balloon catheter, Fr. 24, natural rubber NO BID NO BID NO BID NO BID NO BID NO BID
25 10 pcs
latex, silicon, sterile, 3-way
Gloves, Examination, large, thick, latex, NO BID NO BID NO BID NO BID NO BID NO BID
26 300 bxs
disposable, 100 pcs/ box, non-sterile
Gloves, Examination, medium, thick, latex, NO BID NO BID NO BID NO BID NO BID NO BID
27 500 bxs
disposable, 100 pcs/ box, non-sterile
Gloves, Examination, small, latex, disposable, NO BID NO BID NO BID NO BID NO BID NO BID
28 500 bxs
100 pcs/ box, non-sterile
Gloves, Obstetrical, 18.5" elbow length, sterile, NO BID NO BID NO BID NO BID NO BID NO BID
29 150 pairs
latex, powder free surgical glove, size 6.5
30 Gloves, Obstetrical, 18.5" elbow length, sterile, 150 pairs NO BID NO BID NO BID NO BID NO BID NO BID

88
 latex, powder free surgical glove, size 7
Gloves, Surgical, size 6.5, thick, latex, sterile, NO BID NO BID NO BID NO BID NO BID NO BID
31 powder free, hypoallergenic, fits snugly on the 450 bxs
wrist, 50's/box
Gloves, Surgical, size 7, thick, latex, sterile, NO BID NO BID NO BID NO BID NO BID NO BID
32 powder free, hypoallergenic, fits snugly on the 400 bxs
wrist, 50/box
Hospital Gauze, non-absorbable, 36" x 100 yrds, NO BID NO BID NO BID NO BID NO BID NO BID
33 170 rolls
28x24 mesh / roll
Ice bag, 400cc capacity, Size 6", rubberized NO BID NO BID NO BID NO BID NO BID NO BID
34 100 pcs
cloth linen and rayon
Infusion Set, Macro Drip, sterile, w/ needleless Y NO BID NO BID NO BID NO BID NO BID NO BID
injection port, Male luer lock connector, 150cm
35 1,000 pcs
tube length, with long length between y-port and
connector
Infusion set, Micro Drip, sterile, w/ needleless Y NO BID NO BID NO BID NO BID NO BID NO BID
injection port, Male luer lock connector, 150cm
36 600 pcs
tube length, with long length between y-port and
connector
Infusion set, Pediatric Solution Set, non toxic, NO BID NO BID NO BID NO BID NO BID NO BID
pyrogen free w/ burette 150cc, w/ Y injection
37 port, male luer lock connector, 150cm tube 3,500 pcs
length, with long length between y-port and
connector
38 IV Cannula, G - 18, with injection port, sterile 5,000 pcs NO BID NO BID NO BID NO BID NO BID NO BID
BICACK Php14.87 Php1.85 Php1.78 00 Php18.50(Ei Php37,000.0
CILAR/ ghteen Pesos 0(Thirty
39 IV Cannula, G - 20, with injection port, sterile TURKE 2,000 pcs and fifty Seven
Y cents thousand
Pesos Only)
BICACK Php14.87 Php1.85 Php1.78 00 Php18.50(Ei Php37,000.0
CILAR/ ghteen Pesos 0(Thirty
40 IV Cannula, G - 22, with injection port, sterile TURKE 2,000 pcs and fifty Seven
Y cents thousand
Pesos Only)
BICACK Php16.07 Php2.0 Php1.93 00 Php20.00(T Php100,000.
CILAR/ wenty pesos 00(One
41 IV Cannula, G - 24, with injection port, sterile TURKE 5,000 pcs Only) hundred
Y Thousand
Pesos Only)
89
42 IV Cannula, G - 26, with injection port, sterile 2,000 pcs NO BID NO BID NO BID NO BID NO BID NO BID
IV Dressing, transparent, Sterile, Contours to NO BID NO BID NO BID NO BID NO BID NO BID
body and flexes with skin, Breathable,
43 8,000 pcs
waterproof bacterial barrier, superior adhesion,
4x4"
IV Extension Set, Twin site, Sterile, 6 inches or NO BID NO BID NO BID NO BID NO BID NO BID
44 more, 2 female adapters, 1 male luer lock end, 100 pcs
with lock connector
45 Kidney basin, plastic, autoclavable, 8 inches 100 pcs NO BID NO BID NO BID NO BID NO BID NO BID
Lubricating Gel, sterile, water soluble 50cc net NO BID NO BID NO BID NO BID NO BID NO BID
46 250 tubes
content
Male urinal, plastic, disposable, translucent, with NO BID NO BID NO BID NO BID NO BID NO BID
47 lid, permits easy measuring and visualization of 1,000 pcs
contents, with calibration for measuring contents
Oral care kit, includes a suction brush, 24-hour NO BID NO BID NO BID NO BID NO BID NO BID
48 100 pcs
day kit
49 Oxygen Face Mask, pediatric, w/ tubing 500 pcs NO BID NO BID NO BID NO BID NO BID NO BID
50 Oxygen Nasal Cannula, neonate 1,000 pcs NO BID NO BID NO BID NO BID NO BID NO BID
Plaster, Adhesive / adheres well to skin, water NO BID NO BID NO BID NO BID NO BID NO BID
51 3,000 rolls
resistant, 2.5 cm x 5m
Plaster, Adhesive / adheres well to skin, water NO BID NO BID NO BID NO BID NO BID NO BID
52 400 rolls
resistant, 5 cm x 5m
Plaster, Adhesive / adheres well to skin, water NO BID NO BID NO BID NO BID NO BID NO BID
53 240 rolls
resistant, 7.5 cm x 5m
Plaster, paper tape, Latex-free, hypoallergenic, 1 NO BID NO BID NO BID NO BID NO BID NO BID
54 25 bxs
inch x 10 yards, 12's/box
55 Polypropylene Mesh, 3" x 6" 30 pcs NO BID NO BID NO BID NO BID NO BID NO BID
Scrub brush, w/ povidone iodine or 4% NO BID NO BID NO BID NO BID NO BID NO BID
56 chlorhexidinedigluconate, cleanser & detergent, 1,400 pcs
nail cleaner and soft bristled brush
Skin stapler, 3.9mm x 6.9mm, stainless steel, 35 NO BID NO BID NO BID NO BID NO BID NO BID
57 staples, 5pcs/box, with staple remover in each 15 bxs
box
Specimen container for stool, disposable, plastic, NO BID NO BID NO BID NO BID NO BID NO BID
58 with screw cap cover, w/ scoop, with writable 3,000 pcs
label for specimen data
Specimen container for urine/sputum, disposable, NO BID NO BID NO BID NO BID NO BID NO BID
59 plastic, w/ screw cap cover, 50 cc capacity, with 20,000 pcs
writable label for specimen data

90
 Specimen Container, disposable, plastic, w/ pcs NO BID NO BID NO BID NO BID NO BID NO BID
60 100
screw cap cover, 120 cc capacity, sterile
DECON Php2,812.49 Php350.00 Php337.51 00 Php3,500.00( Php126,000.
EX/ Three 00(One
Sterilizing concentrate, 5Lgal, 30 days, ready to SWITZE thousand hundred
61 36 gals
use RLAND Five twenty six
Hundred thousand
pesos Only) pesos only)
62 Stomach/Feeding Tube, Fr-16, sterile 1,000 pcs NO BID NO BID NO BID NO BID NO BID NO BID
63 Stomach/Feeding Tube, Fr-16, sterile, silicon 300 pcs NO BID NO BID NO BID NO BID NO BID NO BID
BICACK Php200.89 Php25.00 Php24.11 00 Php250.00(T Php1,250.00(
CILAR/ wo hundred One
Stylet, intubating guide wire, flexible metallic
TURKE fifty pesos thousand
64 rod, enclosed in PVC sheath, having blunt end, 5 pcs
Y only) two hundred
Fr. 8
fifty pesos
only)
BICACK Php200.89 Php25.00 Php24.11 00 Php250.00(T Php2,500.00(
CILAR/ wo hundred Two
Stylet, intubating guide wire, flexible metallic
TURKE fifty pesos Thousand
65 rod, enclosed in PVC sheath, having blunt end, 10 pcs
Y only) five
Fr. 12
Hundred
Pesos Only)
BICACK Php200.89 Php25.00 Php24.11 00 Php250.00(T Php2,500.00(
CILAR/ wo hundred Two
Stylet, intubating guide wire, flexible metallic
TURKE fifty pesos Thousand
66 rod, enclosed in PVC sheath, having blunt end, 10 pcs
Y only) five
Fr. 14
Hundred
Pesos Only)
Suction Bottle, plastic, 1500ml capacity, NO BID NO BID NO BID NO BID NO BID NO BID
67 10 pcs
compatible with Bluecross suction machine
68 Suction Catheter, Fr-14, sterile 50's/box 5 bxs NO BID NO BID NO BID NO BID NO BID NO BID
69 Suction Catheter, Fr-16, sterile 50's/box 25 bxs NO BID NO BID NO BID NO BID NO BID NO BID
Suction poole set, w/curved suction tip & NO BID NO BID NO BID NO BID NO BID NO BID
70 detachable suction guard, disposable, sterile, 500 sets
s.1/4''x36mtr
71 Surgical Cap, Disposable, 100's/pack 50 pks NO BID NO BID NO BID NO BID NO BID NO BID
Syringe, 0.5ml (Insulin Syringe), Ultra Fine, NO BID NO BID NO BID NO BID NO BID NO BID
72 79 bxs
short needle 100's/box, sterile
73 Syringe, 1.0ml (Insulin Syringe), Ultra Fine, 50 bxs NO BID NO BID NO BID NO BID NO BID NO BID
91
 short needle 100's/box, sterile
Syringe, 1 cc w / G-25 needle, 100/box, sterile NO BID NO BID NO BID NO BID NO BID NO BID
74 150 bxs
disposable
Syringe, 2.5-3 cc w/ needle, G-23, 100/box, NO BID NO BID NO BID NO BID NO BID NO BID
75 1,500 bxs
sterile disposable
Syringe, 5 cc with needle G-23, 100's/box, sterile NO BID NO BID NO BID NO BID NO BID NO BID
76 1,500 bxs
disposable
Syringe, 10 cc with needle, G-23, 100/box, NO BID NO BID NO BID NO BID NO BID NO BID
77 200 bxs
sterile, disposable
Syringe, 20 cc with needle, G-23, 50/box, sterile, NO BID NO BID NO BID NO BID NO BID NO BID
78 40 bxs
disposable
Syringe, 50 cc, sterile, disposable, luer lock NO BID NO BID NO BID NO BID NO BID NO BID
79 800 pcs
connector
Syringe, 120 cc, sterile, disposable, luer lock NO BID NO BID NO BID NO BID NO BID NO BID
80 500 pcs
connector
81 Tracheostomy Care Kit, sterile 300 kits NO BID NO BID NO BID NO BID NO BID NO BID
Underpads, water proof side barrier, super NO BID NO BID NO BID NO BID NO BID NO BID
82 200 pks
absorbent, 10s/pack
83 Urine collector, pedia, 100pcs/pack 30 bxs NO BID NO BID NO BID NO BID NO BID NO BID
TOTAL:PHP428,850.00
(FOUR HUNDRED TWENTY EIGHT THOUSAND EIGHT HUNDRED FIFTY PESOS ONLY)

Maria Melani I. Jimenez

Business Unit Manager
[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of VARIANCE TRADING CORPORATION

92
 Contract Agreement Form

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of
PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) of the one part and
[name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the
other part:

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

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

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

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

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

4. The Entity hereby covenants to pay the Supplier in consideration of the provision of
the goods and services and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the contract at the time and in the
manner prescribed by the contract.

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

93
Signed, sealed, delivered by the (for the Entity)

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

94
 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;

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].

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.
________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

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

NAME OF NOTARY PUBLIC

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

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

* This form will not apply for WB funded projects.

 Bank Guarantee Form for Advance Payment

To: [name and address of PROCURING ENTITY]

[name of Contract]

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract,
which amends Clause 45 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]

98
 BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

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

BID SECURING DECLARATION

Invitation to Bid: [Insert Reference number]

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

I/We7, the undersigned, declare that:

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

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

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

3. I/We understand that this Bid Securing Declaration shall cease to be valid on
the following circumstances:

(a) Upon expiration of the bid validity period, or any extension thereof
pursuant to your request;

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

your notice to such effect, and (i) I/we failed to timely file a request for
reconsideration or (ii) I/we filed a waiver to avail of said right;

(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].

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

99
 [Insert NAME OF BIDDER’S AUTHORIZED
REPRESENTATIVE]
[Insert Signatory’s Legal Capacity]
Affiant

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

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

NAME OF NOTARY PUBLIC

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

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

Section IX. Foreign-Assisted Projects

Notes on Foreign-Assisted Projects

100
 This Section is intended to assist the Procuring Entity in providing the specific information
for foreign-assisted projects of the Asian Development Bank (ADB), the Japan
International Cooperation Agency (JICA), and the World Bank.

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

(b) If the Funding Source is JICA, the Procuring Entity should use Section III. Bid
Data Sheet and Section V. Special Conditions of Contract, both of the GOP.

(c) If the Funding Source is World Bank, the Procuring Entity should use the World
Bank Bid Data Sheet and the World Bank Special Conditions of Contract of the
GOP.

The Procuring Entity shall use these PBDs with minimum changes as necessary to address
project-specific conditions. Any such changes shall be introduced only through the Bid
Data Sheet or through the Special Conditions of Contract, and not by introducing changes
in the standard wording of the Instructions to Bidders and the General Conditions of
Contract.

The Procuring Entity shall allow the Bidders sufficient time to study the Bidding
Documents, prepare and complete responsive bids, and submit their bids. A period of at
least twenty (20) days for bid preparation shall be required.

Notes on the Invitation to Bid

The Invitation to Bid provides information that enables potential Bidders to decide whether
to participate in the procurement at hand. The Invitation to Bid shall be:

(a) Advertised at least once in a newspaper of general nationwide circulation which has
been regularly published for at least two (2) years before the date of issue of the
advertisement, subject to Sections 21.2.1 (c) of the IRR of R.A. 91848;

(b) 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, from the time the Invitation to Bid is advertised
until the deadline for the submission and receipt of bids; and

(c) Posted at any conspicuous place reserved for this purpose in the premises of the
Procuring Entity concerned from the time the Invitation to Bid is advertised until
the deadline for the submission and receipt of bids, as certified by the head of the
Bids and Awards Committee (BAC) Secretariat of the Procuring Entity concerned.

Apart from the essential items listed in the Bidding Documents, the Invitation to Bid
should also indicate the following:

8 Two years after the effectivity of the 2016 Revised IRR of RA 9184, on _________, advertisement in a
newspaper of general nationwide circulation shall no longer be required. However, a procuring entity that
cannot post its opportunities in the PhillGEPS for justifiable reasons shall continue to publish its advertisements
in a newspaper of general circulation.

101
(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; and

(d) Any important bid evaluation criteria.

The Invitation to Bid should be incorporated into the Bidding Documents. The
information contained in the Invitation to Bid must conform to the Bidding Documents and
in particular to the relevant information in the BDS.

Notes on the Bid Data Sheet

This Section is intended to assist the Procuring Entity in providing the specific information
in relation to the corresponding clauses in the ITB, and has to be prepared for each specific
procurement.

The Procuring Entity should specify in the BDS information and requirements specific to
the circumstances of the Procuring Entity, the processing of the procurement, the
applicable rules regarding Bid price and currency, and the Bid evaluation criteria that will
apply to the Bids. In preparing this Section, the following aspects should be checked:

(a) Information that specifies and complements provisions of Section II. Instructions to
Bidders must be incorporated.

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

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

Notes on the Special Conditions of the Contract

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

The provisions of this Section complement the GCC, specifying contractual requirements
linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country,
the sector, and the Goods procured. In preparing this Section, the following aspects should
be checked:

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

Contract must be incorporated.

(b) Amendments and/or supplements to provisions of Section IV. General Conditions

of Contract, as necessitated by the circumstances of the specific project, must also
be incorporated.

102
However, no special condition which defeats or negates the general intent and purpose of
the provisions of Section IV. General Conditions of Contract should be incorporated
herein.

103
 Table of Contents
INVITATION TO BID FOR FOREIGN-ASSISTED PROJECTS ERROR!
BOOKMARK NOT DEFINED.
ASIAN DEVELOPMENT BANK BID DATA SHEET ERROR! BOOKMARK
NOT DEFINED.
ASIAN DEVELOPMENT BANK SPECIAL CONDITIONS OF CONTRACT
ERROR! BOOKMARK NOT DEFINED.
WORLD BANK BID DATA SHEET ERROR! BOOKMARK NOT DEFINED.
WORLD BANK SPECIAL CONDITIONS OF CONTRACT ERROR!
BOOKMARK NOT DEFINED.

104
 Invitation to Bid for Foreign-Assisted Projects

[Letterhead of the Procuring Entity]

INVITATION TO BID FOR [Insert name of Project]
1. The Government of the Philippines (GOP) [has received/has applied for/intends to
apply for] a [Loan/Grant] from the [state the foreign government/foreign or
international financing institution, (e.g. Asian Development Bank, Japan International
Cooperative Agency, or World Bank)] toward the cost of [insert name of project], and
it intends to apply part of the proceeds of this [Loan/Grant] to payments under the
contract for [insert name/no. of contract].

Select this for lot-procurement:

The Government of the Philippines (GOP) [has received/has applied for/intends to

apply for] a [Loan/Grant] from the [state the foreign government/foreign or
international financing institution, (e.g. Asian Development Bank, Japan International
Cooperative Agency, or World Bank)] toward the cost of [insert name of project], and
it intends to apply part of the proceeds of this [Loan/Grant] to payments under the
contract for [insert name/no. of contract] for Lot [insert number and identification of
lot].

2. The [insert name of Procuring Entity] now invites bids for [insert brief description of
Goods to be procured].9 Delivery of the Goods is required [insert the required delivery
date or expected contract duration]. Bidders should have completed, within [insert
relevant period] from the date of submission and receipt of bids, a contract similar to
the Project. The description of an eligible bidder is contained in the Bidding
Documents, particularly, in Sub-section 5, Section II. Instructions to Bidders and the
corresponding {[insert Asian Development Bank or World Bank, as appropriate]} Bid
Data Sheet.

3. Bidding will be conducted in accordance with relevant procedures for open competitive
bidding as specified in the Implementing Rules and Regulations (IRR) of Republic Act
(RA) 9184, otherwise known as the “Government Procurement Reform Act”, with
some amendments, as stated in these Bidding Documents and is open to all Bidders
from eligible source countries as defined in the applicable procurement guidelines of
the [state the foreign government/foreign or international financing institution
concerned (e.g. Asian Development Bank, Japan International Cooperation Agency, or
World Bank)]. The contract shall be awarded to the Lowest Calculated Responsive
Bidder (LCRB) who was determined as such during post-qualification. The approved
budget for the contract (ABC) {in case of lot-procurement, insert: “for Lot [insert
number and identification]} is [insert here the amount of the ABC].

[If ADB-funded project, ABC may be published, but it shall not be stated or implied that
bid prices may not exceed ABC.]

9 A brief description of the type(s) of Goods should be provided, including quantities, location of project, and
other information necessary to enable potential bidders to decide whether or not to respond to the invitation.

105
4. Interested bidders may obtain further information from [insert name of the Procuring
Entity] and inspect the Bidding Documents at the address given below during [insert
office hours].

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

date of availability of Bidding Documents] from the address below {[Insert if
necessary: and upon payment of the applicable fee for the Bidding Documents,
pursuant to the latest Guidelines issued by the GPPB 10, in the amount of [insert amount
in Pesos]. Note: For lot procurement, the maximum fee for the Bidding Documents for
each lot shall be based on its ABC, in accordance with the Guidelines issues by the
GPPB; provided that the total fees for the Bidding Documents of all lots shall not
exceed the maximum fee prescribed in the Guidelines for the sum of the ABC of all
lots.}

It may also be downloaded free of charge from the website of the Philippine
Government Electronic Procurement System (PhilGEPS) {[insert and the website of the
Procuring Entity, as applicable]} provided that Bidders shall pay the applicable fee for
the Bidding Documents not later than the submission of their bids.

6. The [insert name of the Procuring Entity] will hold a Pre-Bid Conference11 on [insert
time and date] at [insert address for Pre-Bid Conference, if applicable], which shall be
open to prospective bidders.

7. Bids must be duly received by the BAC Secretariat at the address below on or before
[insert time and date]. All Bids must be accompanied by a bid security in the amount
of __________ in [insert the acceptable form].

Bid opening shall be on [insert time and date] at [insert address for Bid opening]. Bids
will be opened in the presence of the Bidders’ representatives who choose to attend at
the address below. Late bids shall not be accepted.

8. [Insert such other necessary information deemed relevant by the Procuring Entity]

9. The [insert name of the Procuring Entity] reserves the right to accept or reject any bid,
to annul the bidding process, and to reject all bids at any time prior to contract award,
in accordance with Section 41 of RA 9184 and its IRR, without thereby incurring any
liability to the affected bidder or bidders.

10. For further information, please refer to:

[Insert name of officer]

[Insert name of office]
[Insert postal address] and/or [Insert street address]
[Insert telephone number, indicate city code]

10 For ADB-funded projects, the cost of bidding documents must be nominal, and may not be in accordance
with the Guidelines issued by the GPPB. As such, the text “, pursuant to the latest Guidelines issued by the
GPPB,” shall be deleted.
11 May be deleted in case the ABC is less than One Million Pesos (PhP 1,000,000.00) where the Procuring
Entity may not hold a pre-bid conference.

106
[Insert contact’s email address]
[Insert facsimile number]
[Insert website address, if applicable]

_________________________________
[Insert Name and Signature of the BAC
Chairperson or the Authorized
Representative of the BAC Chairperson]

107
 Asian Development Bank Bid Data Sheet

ITB Clause

1.1 The Procuring Entity is [insert name of Procuring Entity]

1.2 The lot(s) and reference is/are:

[insert name]

2 The Funding Source is the Asian Development Bank (ADB) through

[indicate the Loan/Grant/Financing No.] in the amount of [insert amount
of funds].

The name of the Project is: [Insert the name of the project]

Payments by the Foreign Funding Source will be made only at the request
of the Procuring Entity and upon approval by the Funding Source in
accordance with the terms and conditions of Loan {[or Grant, or
Financing]} Agreement No. _________ (hereinafter called the "Financing
Agreement"), and will be subject in all respect to the terms and conditions
of that Financing Agreement and the applicable law. No party other than
the Procuring Entity shall derive any rights from the Financing Agreement
or have any claim to the funds.

3.1

ADB’s Anticorruption Policy requires Borrowers (including beneficiaries

of ADB-financed activity), as well as Bidders, Suppliers, and Contractors
under ADB-financed contracts, observe the highest standard of ethics
during the procurement and execution of such contracts. In pursuance of

108
this policy, ADB

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

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

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

(ii) “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation;

(iii) “coercive practice” means impairing or harming, or

threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly the
actions of a party;

(iv) “collusive practice” means an arrangement between two or

more parties designed to achieve an improper purpose,
including influencing improperly the actions of another
party;

(v) “obstructive practice” means (a) deliberately destroying,

falsifying, altering, or concealing of evidence material to an
ADB investigation; (b) making false statements to
investigators in order to materially impede an ADB
investigation; (c) failing to comply with requests to provide
information, documents or records in connection with an
Office of Anticorruption and Integrity (OAI) investigation;
(d) threatening, harassing, or intimidating any party to
prevent it from disclosing its knowledge of matters relevant
to the investigation or from pursuing the investigation; or (e)

109
 materially impeding ADBʼs contractual rights of audit or
access to information; and

(vi) “integrity violation" is any act which violates ADB’s

Anticorruption Policy, including (i) to (v) above and the
following: abuse, conflict of interest, violations of ADB
sanctions, retaliation against whistleblowers or witnesses,
and other violations of ADB's Anticorruption Policy,
including failure to adhere to the highest ethical standard.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practices
or other integrity violations in competing for the Contract;

(c) will cancel the portion of the financing allocated to a contract if it

determines at any time that representatives of the borrower or of a
beneficiary of ADB-financing engaged in corrupt, fraudulent,
collusive, coercive, or obstructive practices or other integrity
violations during the procurement or the execution of that contract,
without the borrower having taken timely and appropriate action
satisfactory to ADB to remedy the situation;

(d) will impose remedial actions on a firm or an individual, at any

time, in accordance with ADB’s Anticorruption Policy and Integrity
Principles and Guidelines (both as amended from time to time),
including declaring ineligible, either indefinitely or for a stated
period of time, to participate in ADB-financed, administered, or
supported activities or to benefit from an ADB-financed,
administered, or supported contract, financially or otherwise, if it at
any time determines that the firm or individual has, directly or
through an agent, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices or other integrity violations; and

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 (e) will have the right to require that a provision be included in bidding
documents and in contracts financed by ADB, requiring Bidders,
suppliers and contractors to permit ADB or its representative to
inspect their accounts and records and other documents relating to
the bid submission and contract performance and to have them
audited by auditors appointed by ADB.

5.1 Eligible Bidders are as described in ADB Procurement Guidelines as stated

in the Financing Agreement and as described on Asian Development
Bank’s web page www.adb.org.

An Eligible Bidder shall be deemed to have the nationality of a country if it

is a citizen or constituted or incorporated, and operates in conformity with
the provisions of the laws of that country.

5.2 Eligible Bidders are as described in ADB Procurement Guidelines as stated

in the Financing Agreement and as described on Asian Development
Bank’s web page www.adb.org.

5.4 Instruction is the same as the GOP Bid Data Sheet

7 Eligible goods and services shall have their origin in eligible source
countries as described in ADB Procurement Guidelines as stated in the
Financing Agreement and as described on Asian Development Bank’s web
page www.adb.org.

For the purpose of this Clause, origin means the country where the goods
have been grown in, mined, cultivated, produced, manufactured, or
processed; or through manufacture, processing, or assembly, another
commercially recognized article results that differs substantially in its basic
characteristics from its imported components.

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8.1 Instruction is the same as the GOP Bid Data Sheet

8.2 Instruction is the same as the GOP Bid Data Sheet

9.1 Instruction is the same as the GOP Bid Data Sheet

10.1 Instruction is the same as the GOP Bid Data Sheet

12.1 The first envelope shall contain the following eligibility and technical
documents:

a. Eligibility Requirements

i. Registration Certification of the Company;

ii. List and copy of relevant contracts that comply to the experience
requirement as specified in ITB Clause 5.4;
iii. Audited financial statement for the past two years;
iv. Committed Line of Credit from a universal or commercial bank, in
accordance with ITB Clause 5.5
v. In case of Joint Venture, the JV Agreement, if existing, or a signed
Statement from the partner companies that they will enter into a JV
in case of award of contract;

b. Technical Documents

vi. Bid Security or Bid Securing Declaration as required in the ITB 18;
vii. Conformity with the technical specifications, as enumerated and
specified in Sections VI and VII of the Bidding Documents;
viii. Sworn statement in accordance with Section 25.3 of the IRR of RA
9184 and using the form prescribed in Section VIII. Bidding Forms.

Foreign bidders may submit the equivalent documents, if any, issued by the
country of the foreign bidder.

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12.1(a)(ii) Instruction is the same as the GOP Bid Data Sheet

13.1 Instruction is the same as the GOP Bid Data Sheet

13.1(b) Domestic preference is not applicable

13.1(c) Instruction is the same as the GOP Bid Data Sheet

13.2 ABC does not apply as ceiling for bid prices

15.4(a)(iv) Instruction is the same as the GOP Bid Data Sheet

15.4(b) Instruction is the same as the GOP Bid Data Sheet

16.1(b) Instruction is the same as the GOP Bid Data Sheet

16.3 Instruction is the same as the GOP Bid Data Sheet

17.1 Instruction is the same as the GOP Bid Data Sheet

18.1 Instruction is the same as the GOP Bid Data Sheet

18.2 Instruction is the same as the GOP Bid Data Sheet

20.3 Instruction is the same as the GOP Bid Data Sheet

21 Instruction is the same as the GOP Bid Data Sheet

24.1 The BAC shall open the bids in public on [insert date and time of bid
opening], at [insert place of bid opening].

The time for the bid opening shall be the same as the deadline for receipt of
bids or promptly thereafter. Rescheduling the date of the opening of bids
shall not be considered except for force majeure, such as natural calamities.
In re-scheduling the opening of bids, the BAC shall issue a Notice of

113
 Postponement to be posted at the PhilGEPS and the procuring entity’s
websites.

24.2 During Bid opening, if the first envelope lacks any of the documents listed
in the ADB BDS 12.1, the bid shall be declared non-responsive but the
documents shall be kept by the Procuring Entity. Only the unopened
second envelope shall be returned to the Bidder.

24.3 The BAC shall immediately open the financial proposals in the second
envelope of the responsive bids. The bid price shall be read and recorded.

27.1 Domestic preference is not applicable

28.3(a) Instruction is the same as the GOP Bid Data Sheet

28.3(b) Instruction is the same as the GOP Bid Data Sheet

28.4 ABC does not apply as ceiling for bid prices

29.2 Instruction is the same as the GOP Bid Data Sheet

32.4(f) Instruction is the same as the GOP Bid Data Sheet

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 Asian Development Bank Special Conditions of Contract

The ADB adopts the provisions of the Special Conditions of Contract of the GOP as contained in the
Harmonized Philippine Bidding Documents dated ________, except GCC Clause 1.1(j) (Funding Source)
and GCC Clause 2.1 (Corrupt, Fraudulent, Collusive, and Coercive Practices) which shall read as follows:
SCC Clause

1.1(j) The Funding Source is the Asian Development Bank (ADB) through
[indicate the Loan/Grant/Financing No.] in the amount of [insert amount of
funds].

2.1

ADB’s Anticorruption Policy requires Borrowers (including beneficiaries of

ADB-financed activity), as well as Bidders, Suppliers, and Contractors under
ADB-financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy,
ADB

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

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

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

(ii) “fraudulent practice” means any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts
to mislead, a party to obtain a financial or other benefit or to avoid an
obligation;

115
 (iii) “coercive practice” means impairing or harming, or
threatening to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of a party;

(iv) “collusive practice” means an arrangement between two or

more parties designed to achieve an improper purpose, including
influencing improperly the actions of another party;

(v) “obstructive practice” means (a) deliberately destroying,

falsifying, altering, or concealing of evidence material to an ADB
investigation; (b) making false statements to investigators in order to
materially impede an ADB investigation; (c) failing to comply with
requests to provide information, documents or records in connection
with an Office of Anticorruption and Integrity (OAI) investigation;
(d) threatening, harassing, or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or
from pursuing the investigation; or (e) materially impeding ADBʼs
contractual rights of audit or access to information; and

(vi) “integrity violation" is any act which violates ADB’s

Anticorruption Policy, including (i) to (v) above and the following:
abuse, conflict of interest, violations of ADB sanctions, retaliation
against whistleblowers or witnesses, and other violations of ADB's
Anticorruption Policy, including failure to adhere to the highest
ethical standard.

(b) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive, coercive, or obstructive practices or other
integrity violations in competing for the Contract;

(c) will cancel the portion of the financing allocated to a contract if it

determines at any time that representatives of the borrower or of a beneficiary
of ADB-financing engaged in corrupt, fraudulent, collusive, coercive, or

116
obstructive practices or other integrity violations during the procurement or
the execution of that contract, without the borrower having taken timely and
appropriate action satisfactory to ADB to remedy the situation; and

(d) will impose remedial actions on a firm or an individual, at any time,

in accordance with ADB’s Anticorruption Policy and Integrity Principles and
Guidelines (both as amended from time to time), including declaring
ineligible, either indefinitely or for a stated period of time, to participate in
ADB-financed, administered, or supported activities or to benefit from an
ADB-financed, administered, or supported contract, financially or otherwise,
if it at any time determines that the firm or individual has, directly or through
an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices or other integrity violations.

117
 World Bank Bid Data Sheet

ITB Clause

1.1 The Procuring Entity is [insert name of purchasing organization]

1.2 The lot(s) and reference is/are:

[insert name]

2 The Funding Source is the World Bank through [indicate the Loan/Grant
No.] in the amount of [insert amount of funds].

The name of the Project is: [Insert the name of the project]

3.1 The World Bank Guidelines on Anti-Corruption, as stated in the Loan

Agreement and as annexed to the World Bank Standard Conditions of
Contract, shall be adopted.

5.1 No further instruction.

5.2 The Loan/Grant Agreement provides that procurement shall follow the
Bank’s Procurement Guidelines and Section 1.8 thereof permits the
participation of firm from all countries except for those mentioned in
Section 1.10 thereof.”.

5.4 Instruction is the same as the GOP Bid Data Sheet

7 Instruction is the same as the GOP Bid Data Sheet

8.1 Instruction is the same as the GOP Bid Data Sheet

8.2 Instruction is the same as the GOP Bid Data Sheet

9.1 Instruction is the same as the GOP Bid Data Sheet

10.1 Instruction is the same as the GOP Bid Data Sheet

12.1 During Bid opening, if the first bid envelope lacks any of the following
documents, the bid shall be declared non-responsive.

The first envelope shall contain the following eligibility and technical
documents:

a. Eligibility Requirements

i. Registration Certification of the Company;

ii. List of relevant contracts that comply to experience requirement as

118
 specified in ITB Clause 5.4;
iii. Audited financial statement for the past 2 years;
iv. Line of Credit from a universal or commercial bank, in accordance with
ITB Clause 5.5;
v. In case of Joint Venture, the JV Agreement, if existing, or a signed
Statement from the partner companies that they will enter into a JV in case
of award of contract.

b. Technical Document

v. Bid Security or bid securing declaration as required in ITB 18;

vi. Conformity with the technical specifications, as enumerated and
specified in Sections VI and VII of the Bidding Documents;
vii. Sworn statement in accordance with Section 25.3 of the IRR of RA
9184 and using the form prescribed in Section VIII. Bidding Forms.

Foreign bidders may submit the equivalent documents, if any, issued by the
country of the foreign bidder.

12.1(a)(ii) Instruction is the same as the GOP Bid Data Sheet

13.1 Instruction is the same as the GOP Bid Data Sheet

(b) Domestic preference is not applicable.

13.2 ABC does not generally apply as a ceiling for bid prices.

However, subject to prior concurrence of the World Bank, a ceiling may

be applied to bid prices provided the following conditions are met:

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

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

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

c) The procuring entity has trained cost estimators on estimating prices

and analyzing bid variances. In the case of infrastructure projects,
the procuring entity must also have trained quantity surveyors.

119
 d) The procuring entity has established a system to monitor and report
bid prices relative to ABC and engineer’s/procuring entity’s
estimate.

e) The procuring entity has established a monitoring and evaluation

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

15.4(a)(iv) Instruction is the same as the GOP Bid Data Sheet

15.4(b) Instruction is the same as the GOP Bid Data Sheet

16.1(b) Instruction is the same as the GOP Bid Data Sheet

16.3 Instruction is the same as the GOP Bid Data Sheet

17.1 Instruction is the same as the GOP Bid Data Sheet

18.1 Instruction is the same as the GOP Bid Data Sheet

18.2 Instruction is the same as the GOP Bid Data Sheet

20.3 Instruction is the same as the GOP Bid Data Sheet

21 Instruction is the same as the GOP Bid Data Sheet

24.1 The BAC shall open the bids in public on [insert date and time of bid
opening], at [insert place of bid opening].

The time for the bid opening shall be the same as the deadline for receipt of
bids or promptly thereafter. Rescheduling the date of the opening of bids
shall not be considered except for force majeure, such as natural calamities.
In re-scheduling the opening of bids, the BAC shall issue a Notice of
Postponement to be posted at the PhilGEPS and the procuring entity’s
websites.

24.2 During Bid opening, if the first envelope lacks any of the documents listed
in World Bank BDS 12.1, the bid shall be declared non-responsive but the
documents shall be kept by the Procuring Entity.

24.3 The financial proposals in the second envelope of all the bidders shall be
read for record purposes. The first and second envelopes shall not be
returned to the bidders.
27.1 No domestic preference is applicable.

28.3(a) Instruction is the same as the GOP Bid Data Sheet

28.3(b) Instruction is the same as the GOP Bid Data Sheet

28.4 Follow Clause ITB No. 13.2 on whether ABC as a price ceiling will apply.

120
29.2 Instruction is the same as the GOP Bid Data Sheet

32.4(f) Instruction is the same as the GOP Bid Data Sheet

121
 World Bank Special Conditions of Contract

The World Bank adopts the provisions of the Special Conditions of

Contract of the GOP as contained in the Harmonized Philippine Bidding
Documents dated ________, except GCC Clause 2.1 (Corrupt, Fraudulent,
Collusive, and Coercive Practices) which shall read as follows:
SCC Clause

1.1(j) The World Bank is the Funding Source through Loan Agreement No._____

1.1(k) Instruction is the same as the GOP SCC

2.1 Adopted is Guidelines on Preventing and Combating Fraud and Corruption in

Projects Financed by IBRD Loans and IDA Credits and Grants dated October
15, 2006 and Revised in January 2011, that is Annex to the SCC.

6.2 Instruction is the same as the GOP SCC

10.4 Instruction is the same as the GOP SCC
10.5 Instruction is the same as the GOP SCC
11.3 Instruction is the same as the GOP SCC
13.4(c) Instruction is the same as the GOP SCC
16.1 Instruction is the same as the GOP SCC
17.3 Instruction is the same as the GOP SCC
17.4 Instruction is the same as the GOP SCC
21.1 Instruction is the same as the GOP SCC

122
123