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Section I. Invitation to Bid

1. ITB Clause 1 1 The Procuring Entity is the Commission on Audit Region XII 1 2 The lots and reference are Information Technology Equipment Loti Branded Notebook Computers Lot2 Branded Desktop Computers Lot3 Tower Type Server Lot 4 Printers 2 The Funding Source is The Commission on Audit R O XII General Fund in the amount of Two Million Three Hundred Twenty Six Thousand and Five Hundred Pesos P 2 326 500 00 The name of the Project is Procurement of Information Technology Equipment 3 1 No further instructions 5 1 No further instructions 5 2 None of the circumstances mentioned in the ITB Clause exists in this Project 5 4 The Bidder must have completed within the period specified in ITB Clause 12 1 a ii a single contract that is similar to this Project equivalent to at least fifty percent 50 of the ABC For this purpose similar contracts shall refer to Lot 1 Supply and delivery of Branded Notebook Computers Lot 2 Supply and delivery of Branded Desktop Computers Lot 3 Supply and delivery of Tower Type Server Lot 4 Printers 34 7 No further instructions 8 1 Subcontracting is not allowed 8 2 Not applicable 9 1 The Procuring Entity will hold a Pre Bid Conference for this Project on August 7 2014 10 00 AM at COA XII Training Hall Don Teodoro V Juliano Avenue Cotabato City 10 1 The Procuring Entity s address is Commission On Audit Regional Office
2. 29 2 29 3 29 4 29 5 The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid LCB complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5 12 and 13 Within a non extendible period of three 3 calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB the Bidder shall submit the following documentary requirements a Tax clearance per Executive Order 398 Series of 2005 b Latest income and business tax returns in the form specified in the BDS c Certificate of PhilGEPS Registration and d Other appropriate licenses and permits required by law and stated in the BDS Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause or a finding against the veracity of such shall be ground for forfeiture of the bid security and disqualification of the Bidder for award The determination shall be based upon an examination of the documentary evidence of the 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 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 Lowe
3. Scan and copy resolution 600 dpi x 1 200 dpi sensor Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed 69 4 E All In One Printer Scanner Copier Printing Maximum Resolution 5 760 x 1 440 dpi w variable sized droplet technology Printing Speed Up to 27ppm for black and 15ppm for coloured Scan and Copy Precision 600 dpi x 1 200 dpi sensor Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed Note Bidders must state here either Comply or Not Comply against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered Statements of Comply or Not Comply must be supported by evidence in a Bidders Bid and cross referenced to that evidence Evidence shall be in the form of manufacturer s un amended sales literature unconditional statements of specification and compliance issued by the manufacturer samples independent test data etc as appropriate A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection A statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid evaluation post qualification or the exe
4. Inquire or secure Supplemental Bid Bulletin s issued for the Name of the Project IN WITNESS WHEREOF I have hereunto set my hand this __ day of 20 at Philippines Bidder s Representative Authorized Signatory JURAT This form will not apply for WB funded projects 78 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 0 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 PR
5. 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 Based on the following grounds the Procuring Entity reserves the right to reject any and all bids declare a failure of bidding at any time prior to the contract award or not to award the contract without thereby incurring any liability and make no assurance that a contract shall be entered into as a result of the bidding a If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity or between the BAC and any of the Bidders or if the collusion is between or among the bidders themselves or between a Bidder and a third party including any act which restricts suppresses or nullifies or tends to restrict suppress or nullify competition b If the Procuring Entity s BAC is found to have failed in following the prescribed bidding procedures or c For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows 1 If the physical and economic conditions have significantl
6. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder s bid security pursuant to ITB Clause 23 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 24 2 24 3 24 4 24 5 The BAC shall open the first bid envelopes of Bidders in public as specified in the BDS to determine each Bidder s compliance with the documents prescribed in ITB Clause 12 For this purpose the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present using a non discretionary pass fail criterion If a bidder submits the required document it shall be rated passed for that particular requirement In this regard bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as failed Otherwise the BAC shall rate the said first bid envelope as passed Unless otherwise specified in the BDS immediately after determining compliance with the requirements in the first envelope the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated passed The second envelope of each complying bidder shall be opened within the same day In case one or more of the requirements in the second envelope of a particular bid is
7. 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 Letters of withdrawal shall be read out and recorded during bid opening and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened If the withdrawing Bidder s representative is in attendance the original bid and all copies thereof shall be returned to the representative during the bid opening If the representative is not in attendance the bid shall be returned unopened by registered mail The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal subject to appropriate administrative sanctions If a Bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above enumerated Class A Documents the said certification may be submitted in lieu of the requirements enumerated in ITB Clause 12 1 a items i to v In the case of an eligible foreign Bidder as described in ITB Clause 5 the 24 24 6 24 7
8. one card reader DC Power RJ45 VGA HDMI port Network Integrated 802 11 b g n 10 100 1000 Base T Audio Integrated HD Audio Video Integrated HD Graphics Display 12 14 LED Wide integrated multi touch screen Weight 1 30 to 2 40 kg Pointing Device Touch Pad Keyboard 84 keys Battery Lithium Ion 6 cell pack AC Adapter 220V Operating System Windows 8 1 Professional 64 bit with OEM license pre installed and activated Others Latest pre installed and activated antivirus w one year subscription user s manual USB mouse mouse pad carrying bag recovery CD w installation for Windows 8 1 9 units Shall not exceed thirty 30 calendar days upon Supplier s receipt of the Notice to Proceed 59 1 B Notebook Computers with 17 18 Display Processor Intel Core i7 3 Generation Memory 4GB DDR3 Hard Disk Drive 500GB 7200rpm partitioned 50 50 Optical Drive DVD RW Internal Interfaces 1x USB 3 0 and 2x USB 2 0 ports Headphone Line out Microphone in or combo jack multi in one card reader DC Power RJ45 VGA HDMI port Network Integrated 802 11 b g n 10 100 1000 Base T Audio Integrated HD Audio Video Integrated HD Graphics Display 17 18 LED Wide integrated multi touch screen Weight 1 30 to 2 40 kg Pointing Device Touch Pad Keyboard 84 keys Battery Lithium Ion 6 cell pack AC Adapter 220V Operating System Windows 8 1 Professional 64 bit w
9. partnership cooperative or joint venture 10 6 3 6 4 6 5 6 6 6 7 6 8 1 Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019 and Gj Complying with existing labor laws and standards in the case of procurement of services Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned The Bidder is expected to examine all instructions forms terms and specifications in the Bidding Documents It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to the contract to be bid including a the location and the nature of this Project b climatic conditions c transportation facilities and d other factors that may affect the cost duration and execution or implementation of this Project The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity The Bidder shall bear all costs associated with the preparation and submission of his bid and the Procuring Entity will in no case be responsible or liable for those costs regardless of the conduct or outcome of the bidding process Before submitting their bids the Bidder is deemed to have become familiar with all existing l
10. 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 26 28 2 28 3 28 4 28 5 28 6 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 The Procuring Entity s BAC shall immediately conduct a detailed evaluation of all bids rated passed using non discretionary pass fail criteria Unless otherwise specified in the BDS the BAC shall consider the following in the evaluation of bids a Completeness of the bid Unless the ITB specifically allows partial bids bids not addressing or providing all of the required items in the Schedule of Requirements including where applicable bill of quantities shall be considered non responsive and thus automatically disqualified In this regard where a required item is provided but no price is indicated the same shall be considered as non responsive but specifying a 0 zero for the
11. 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 9 2 9 3 a If so specified in the BDS a pre bid conference shall be held at the venue and on the date indicated therein to clarify and address the Bidders questions on the technical and financial components of this Project b The pre bid conference shall be held at least twelve 12 calendar days before the deadline for the submission and receipt of bids If the Procuring Entity determines that by reason of the method nature or complexity of the contract to be bid or when international participation will be more advantageous to the GOP a longer period for the preparation of bids is necessary the pre bid conference shall be held at least thirty 30 calendar days before the deadline for the submission and receipt of bids as specified in the BDS Bidders are encouraged to attend the pre bid conference to ensure that they fully understand the Procuring 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 discussed during the pre bid conference Any statement made at the pre bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as
12. 000 00 2 Branded Desktop Computers 22 880 000 00 3 Tower Type Server 1 300 000 00 4 Printers 30 336 500 00 Total ABC P 2 326 500 00 Bids received in excess of the ABC shall be automatically rejected during bid opening Delivery of Goods shall not exceed thirty 30 calendar days upon winning bidder s receipt of the Notice to Proceed The description of an eligible bidder is contained in the Bidding Documents particularly in Section Il Instructions to Bidders Bidding will be conducted through open competitive bidding procedures using a non discretionary pass fail criteria as specified in the Implementing Rules and Regulations IRR of Republic Act 9184 otherwise known as the Government Procurement Reform Act Interested bidders shall have the option of submitting a proposal on any or all lots as specified and evaluation and contract award will be undertaken on a per lot basis The Bidding Documents may also be downloaded free of charge from the following websites www coa gov ph and www philgeps gov ph However should the bidders decide to participate in the bidding they shall pay the non refundable fee for the Bidding Documents amounting to Three Thousand Pesos P3 000 00 not later than the submission of their bids The schedule of activities is listed as follows ACTIVITIES SCHEDULE VENUE Issuance of the Bidding July 23 August 19 2014 COA Regional Office No XII Documents Pre Bid Conference August 7
13. 11 7 Yield 4 000 pages yield for black and 6 500 pages yield for coloured 68 Connectivity USB 2 0 High Speed Wireless Printing WiFi Connectivity 4 B All In One Mobile Printer Print Quality Color 4 800 x 1 200 dpi Black Up to 600 x 600 dpi Connectivity USB 2 0 High Speed Wireless Capability Bluetooth SD Card Slot Scan Resolution Up to 600 dpi Copy Resolution Up to 600 x 600 dpi Other capabilities Copy Reduce Enlarge Settings up to 99 copies 4 C All In One Printer Scanner Copier Fax Printing Maximum Resolution 5 760 x 1 440 dpi w Variable Sized Droplet Technology Printing Speed Up to 33ppm for black and 15ppm for colour Scan Resolution 1 200 dpi x 2 400 dpi Maximum Scan Area 216 x 297mm 8 5 x 11 7 Fax Output Black and White and Colour Fax Fax Resolution Standard 200 x 100 Fine 200 x 200 Photo 200 x 200 with error diffusion Dial Capabilities Automatic Redial PC Fax Transmit Only Broadcast Fax Mono Only Group Dial Delay Send Feeder Up to 30 sheets automatic document feeder Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed Wireless Printing WiFi Connectivity 4 D Printer Dot Matrix Printing Maximum Resolution 5 760 x 1 440 dpi w variable sized droplet technology Printing Speed Up to 27ppm for black and 15ppm for colour
14. Bidding Documents including where applicable Bill of Quantities shall be considered non responsive and thus automatically disqualified In this regard where a required item is provided but no price is indicated the same shall be considered as non 16 15 3 15 4 responsive but specifying a 0 zero for the said item would mean that it is being offered for free to the Government The terms Ex Works EXW Cost Insurance and Freight CIF Cost and Insurance Paid to CIP Delivered Duty Paid DDP and other trade terms used to describe the obligations of the parties shall be governed by the rules prescribed in the current edition of the International Commercial Terms INCOTERMS published by the International Chamber of Commerce Paris 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 1 The price of the Goods quoted EXW ex works ex factory ex warehouse ex showroom or off the shelf as applicable including all customs duties and sales and other taxes already paid or payable 1 1 on the components and raw material used in the manufacture or assembly of Goods quoted ex works or ex factory or 1 2 on the previously imported Goods of foreign origin quoted ex warehouse ex showroom or off the shelf and any Procuring Entity country sales and other taxes which will be payable on the Goods if the contra
15. Class A Documents described in ITB Clause 12 1 a may be substituted with the appropriate equivalent documents if any issued by the country of the foreign Bidder concerned Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clauses 12 1 a G and 12 1 a 11 Submission of documents required under ITB Clauses 12 1 a i to 12 1 a v by any of the joint venture partners constitutes compliance The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include as a minimum a names of Bidders their bid price bid security findings of preliminary examination and b attendance sheet The BAC members shall sign the abstract of bids as read E Evaluation and Comparison of Bids 25 Process to be Confidential 25 1 25 2 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 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
16. ITB Clause 19 1 must be completed without any alterations to their format and no substitute form shall be accepted All 21 19 3 19 4 19 5 blank spaces shall be filled in with the information requested The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12 and 13 In the event of any discrepancy between the original and the copies the original shall prevail The bid except for unamended printed literature shall be signed and each and every page thereof shall be initialed by the duly authorized representative s of the Bidder 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 20 2 20 3 20 4 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 Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as COPY NO __ TECHNICAL COMPONENT and COPY NO _ FINANCIAL COMPONENT and the outer envelope as COPY NO _ respectively These envelopes containing the origi
17. No XII Don Teodoro V Juliano Avenue Cotabato City Contact Person Ms Wevina Sequina Barranco Head BAC Secretariat Telefax Nos 064 421 1973 12 1 No further instructions 12 1 a No further instructions 12 1 a iii The statement of all ongoing and completed government and private contracts shall include all such contracts within three 3 years August 2011 to August 2014 prior to the deadline for the submission and receipt of bids 13 1 No additional requirements 13 1 b No further instructions 13 2 a The ABC is Two Million Three Hundred Twenty Six Thousand and Five Hundred Pesos P2 326 500 00 broken down as follows Lot 1 Eight Hundred Ten Thousand Pesos P810 000 00 Lot 2 Eight Hundred Eighty Thousand Pesos P880 000 00 Lot 3 Three Hundred Thousand Pesos P300 000 00 Lot 4 Three Hundred Thirty Six Thousand and Five Hundred Pesos P336 500 00 Any bid with a financial component exceeding this amount shall not be accepted 35 15 4 a iii No incidental services are required 15 4 b Not applicable The price of the Services shall be quoted delivered duty paid DDP COA Region XII Cotabato City 16 1 b The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos No incidental services are required 16 3 Not applicable 17 1 Bids will be valid until December 16 2014 or one hundred twenty 120 calendar days f
18. a Supplemental Bid Bulletin 12 10 Clarification and Amendment of Bidding Documents 10 1 Bidders who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten 10 calendar days before the deadline set for the submission and receipt of bids 10 2 Supplemental Bid Bulletins may 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 3 Any Supplemental Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System PhilGEPS and the website of the Procuring Entity concerned if available It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental Bid Bulletins that may be issued by the BAC However Bidders who have submitted bids before the issuance of the Supplemental Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23 C Preparation of Bids 11 Language of bid The bid as well as all correspondence and documents relating to the bid exchanged
19. bid including the Technical and Financial Proposals and all other documents statements submitted d Performance Security e Credit line in accordance with ITB Clause 5 5 if applicable f Notice of Award of Contract and g Other contract documents that may be required by existing laws and or specified in the BDS 33 Performance Security 33 1 To guarantee the faithful performance by the winning Bidder of its obligations under the contract it shall post a performance security within a maximum period of ten 10 calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule 31 Amount of Performance Security Form of Performance Security Equal to Percentage of the Total Contract Price a Cash or cashier s manager s check issued by a Universal or Commercial Bank b Bank draft guarantee or irrevocable letter of credit issued by a Universal or Five percent 5 Commercial Bank Provided however that it shall be confirmed or authenticated by a Universal or Commercial Bank if issued by a foreign bank c Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insur
20. by the Bidder and the Procuring Entity shall be written in English Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines in which case the English translation shall govern for purposes of interpretation of the bid eee 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 13 i ii iii iv v Registration certificate from the Securities and Exchange 4Commission SEC Department of Trade and Industry DTI for sole proprietorship or Cooperative Development Authority CDA for cooperatives or any proof of such registration as stated in the BDS Mayor s permit issued by the city or municipality where the principal place of business of the prospective bidder is located Statement of all its ongoing and completed government and private contracts within the period stated in the BDS including contracts awarded but not yet started if any The statement shall include for each contract the following iii 1 name of the contract 111 2 date of the contract 111 3 kinds of Goods amount of contract and value of outstanding c
21. complaint is received in the morning If complaint is received in the afternoon during office hours response should not be later than 12 00 noon the next day i Service Center having service facilities with qualified technicians and original genuine parts components readily available ii Equipment Repair on site repair should be done after the response time Service equipment s specifically but not limited to desktop and laptop should be provided if affected equipment needs an off site repair or waiting time for repair is more than a week i e supplier is still awaiting for the arrival of the replacement parts s These service units should be of similar or higher specifications and performance Note If equipment repair calls for a particular part to be serviced as identified by COA IT Technician the said part should be brought by the technician of the winning bidder on his response to the complaint 32 4 g No further instructions 38 1 Section IV General Conditions of Contract Definitions 1 1 a b c d e f g h i G k D In this Contract the following terms shall be interpreted as indicated 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 the
22. 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 In case of a reduction of the contract value the Procuring Entity shall allow a proportional reduction in the original performance security provided that any such reduction is more than ten percent 10 and that the aggregate of such reductions is not more than fifty percent 50 of the original performance security Use of Contract Documents and Information 14 1 14 2 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 Any document other than this Contract itself enumerated in GCC Clause 14 1 shall remain the property of the Procuring Entity and shall be returned all copies to the Procuring Entity on completion of the Supplier s performance under this Contract if so required by the Procuring Entity Standards The Goods provided under this Contract shall conform to the standards mentioned in t
23. design rights arising from use of the Goods or any part thereof 10 4 Not applicable 13 4 c No further instructions 16 1 The inspections and tests that will be conducted are Performance Tests appropriate for the Goods as per Schedule of Requirements Section VI Performance Tests Burn Testing shall be done at the supplier s Service Center 17 3 If the Goods pertain to Expendable Supplies Three 3 months after acceptance by the Procuring Entity of the delivered Goods or after the Goods are consumed whichever is earlier If the Goods pertain to Non expendable Supplies One 1 year after acceptance by the Procuring Entity of the delivered Goods 17 4 The period for correction of defects in the warranty period is not more than seven 7 days 57 21 1 No additional provision If the Supplier is a joint venture all partners to the joint venture shall be jointly and severally liable to the Procuring Entity 58 Item No Description Section VI Schedule of Requirements Quantity Delivered Weeks Months LOT 1 BRANDED NOTEBOOK COMPUTERS 1 A Notebook Computers with 12 14 Display Processor Intel Core i7 3 Generation Memory 4GB DDR3 Hard Disk Drive 500GB 7200rpm partitioned 50 50 Optical Drive DVD RW Internal Interfaces 1x USB 3 0 and 2x USB 2 0 ports Headphone Line out Microphone in or combo jack multi in
24. directly or through third parties that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process This will include a firm or an organization who lends or temporarily seconds its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project e A Bidder submits more than one bid in this bidding process However this does not limit the participation of subcontractors in more than one bid or f A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid In accordance with Section 47 of the IRR of RA 9184 all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity members of the Bids and Awards Committee BAC members of the Technical Working Group TWG members of the BAC Secretariat the head of the Project 7 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
25. form prescribed in Section VIII Bidding Forms 13 Documents Comprising the Bid Financial Component 13 1 13 2 Unless otherwise stated in the BDS the financial component of the bid shall contain the following a b c b Financial Bid Form which includes bid prices and the bill of quantities and the applicable Price Schedules in accordance with ITB Clauses 15 1 and 15 4 If the Bidder claims preference as a Domestic Bidder or Domestic Entity a certification from the DTI SEC or CDA issued in accordance with ITB Clause 27 unless otherwise provided in the BDS and Any other document related to the financial component of the bid as stated in the BDS Unless otherwise stated in the BDS all bids that exceed the ABC shall not be accepted 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 15 accessible website If payment of Bidding Documents is required by the procuring entity payment could be made upon the submission of bids ii The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality supervision and risk and inflationary factors as well as prevailing market prices associated with the types of wo
26. 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 i the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder or ii the 25 27 2 27 3 lowest bid offered by a non Philippine national is lower than the lowest bid offered by a Domestic Entity b For evaluation purposes the lowest Foreign Bid or the bid offered by a non Philippine national shall be increased by fifteen percent 15 c In the event that 1 the lowest bid offered by a Domestic Entity does not exceed the lowest Foreign Bid as increased or ii the lowest bid offered by a non Philippine national as increased then the Procuring Entity shall award the contract to the Domestic Bidder Entity at the amount of the lowest Foreign Bid or the bid offered by a non Philippine national as the case may be d If the Domestic Entity Bidder refuses to accept the award of contract at the amount of the Foreign Bid or bid offered by a non Philippine national within two 2 calendar days from re
27. proprietorship to the Bidder himself b If the Bidder is a partnership to all its officers and members c If the Bidder is a corporation to all its officers directors and controlling stockholders and d If the Bidder is a joint venture JV the provisions of items a b or c of this Clause shall correspondingly apply to each of the members of the said JV as may be appropriate Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder 5 Eligible Bidders 5 1 5 2 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 of which at least sixty percent 60 of the interest belongs to citizens of the Philippines and e Unless otherwise provided in the BDS persons entities forming themselves into a JV i e a group of two 2 or more persons entities that intend to be jointly and severally responsible or li
28. 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 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and or inspection or do not conform to the specifications The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity and shall repeat the test and or inspection at no cost to the Procuring Entity upon giving a notice pursuant to GCC Clause 5 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 Warranty 17 1 17 2 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 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
29. received for the Project as defined in the BDS to cover eligible payments under the contract 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 1 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 11 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 5 3 2 b Gii iv v includes collusive practices among Bidders prior to or after bid submission designed to establish bid prices at artificial non competit
30. 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 All progress payments shall first be charged against the advance payment until the latter has been fully exhausted 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 Performance Security 13 1 Within ten 10 calendar days from receipt of the Notice of Award from the Procuring Entity but in no case later than the signing of the contract by both parties the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Clause 33 2 44 14 15 13 5 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 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance 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
31. 2014 10 00 AM COA Regional Office No XII Submission Opening of Bids August 19 2014 9 30 AM COA Regional Office No XII The Pre Bid Conference shall be open only to all interested parties who have purchased the Bidding Documents The COA BAC reserves the right to accept or reject any bid to annul the bidding process and to reject all bids at any time prior to contract award without thereby incurring any liability to the affected bidder or bidders For further information please contact WEVINA SEQUINA BARRANCO Head BAC Secretariat COA Region XII Cotabato City Telefax Nos 064 421 1973 Sgd VIRGINIA G DATUKON CPA State Auditor V Chairperson Bids and Awards Committee Section II Instructions to Bidders A General 1 Scope of Bid 1 1 1 2 The procuring entity named in the Bid Data Sheet BDS hereinafter referred to as the Procuring Entity wishes to receive bids for supply and delivery of the goods as described in Section VII Technical Specifications hereinafter referred to as the Services 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 Source of Funds The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS and in the amount indicated in the BDS It intends to apply part of the funds
32. Award award of contract shall be subject to the following conditions a Submission of the valid JVA if applicable within ten 10 calendar days from receipt by the Bidder of the notice from the BAC that the Bidder has the LCRB b Posting of the performance security in accordance with ITB Clause 33 c Signing of the contract as provided in ITB Clause 32 and d Approval by higher authority if required 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 30 32 Signing of the Contract 32 1 32 2 32 3 32 4 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 Within ten 10 calendar days from receipt of the Notice of Award the successful Bidder shall post the required performance security and sign and date the contract and return it to the Procuring Entity 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 The following documents shall form part of the contract a Contract Agreement b Bidding Documents c Winning bidder s
33. CD w installation for Windows 8 1 1 B Notebook Computers with 17 18 Display Type Branded Processor Intel Core 17 3rd generation 66 Memory 4GB DDR3 Hard Disk Drive 500 GB 7200 rpm partitioned 50 50 Optical Drive DVD RW Internal Interfaces 1x USB 3 0 and 2x USB 2 0 Ports Network Integrated 802 11 b g m 10 100 1000 BaseT Audio Integrated HD Audio Video Integrated HD Graphics Controller Display 17 to 18 LED Wide integrated multi touch screen Weight 1 30 to 2 40 kg Keyboard 84 keys Battery Lithium Ion 6 cell pack AC Adapter 220 V Operating System Windows 8 1 Professional 64 bit with OEM License pre installed and activated Others Latest Pre installed and Activated Antivirus w one year subscription User s manual USB Mouse Mouse Pad Carrying Bag Recovery CD w installation for Windows 8 1 DESKTOP COMPUTERS Type Branded Processor Intel Core i7 E generation Memory 4GB DDR3 Hard Disk Drive 500 GB 7200rpm partitioned 50 50 Optical Drive DVD RW USB 2 0 and 3 0 Ports parallel Serial Interfaces HDM DVI VGA RJ 45 Audio Audio Integrated HD Audio Audio Integrated HD Audio Network Network Interface Controller Integrated 10 100 1000 Ethernet Display 19 LED monitor Wide Screen VGA and DVI Ports Video Integrated HD Graphics Keyboard USB Keyboa
34. 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 54 Entity upon receipt and final acceptance of the Goods at their final destination Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in Section VI Schedule of Requirements The details of shipping and or other documents to be furnished by the Supplier are as follows For Goods supplied from within the Philippines Upon delivery of the Goods to the Project Site the Supplier shall notify the Procuring Entity and present the following documents to the Procuring Entity 1 Original and four copies of the Supplier s invoice showing Goods description quantity unit price and total amount 11 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
35. 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 1 Original and four copies of the Supplier s invoice showing Goods description quantity unit price and total amount 55 11 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 v
36. Goods in the conditions prevailing in the country of final destination 46 18 17 3 17 4 17 5 In order to assure that manufacturing defects shall be corrected by the Supplier a warranty shall be required from the Supplier for a minimum period specified in the SCC The obligation for the warranty shall be covered by at the Supplier s option either retention money in an amount equivalent to at least ten percent 10 of the final payment or a special bank guarantee equivalent to at least ten percent 10 of the Contract Price or other such amount if so specified in the SCC The said amounts shall only be released after the lapse of the warranty period specified in the SCC provided however that the Supplies delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met 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 If the Supplier having been notified fails to remedy the defect s within the period specified in GCC Clause 17 4 the Procuring Entity may proceed to take such remedial action as may be necessary at the Supplier s risk and expense and without prejudice to any other rights whi
37. OCURING ENTITY and the Supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change addition or modification This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until date Yours truly Signature and seal of the Guarantors name of bank or financial institution address date 79
38. Republic of the Philippines Commission on Audit Region XII Cotabato City BIDDING DOCUMENTS Bidding for the Procurement of Information Technology Equipment TABLE OF CONTENTS SECTION I INVITATION TO BID syidsesdssetccsacdescasdecedsrnacdesceadedeacessadescesdesavccsecdessnsceoss 3 SECTION II INSTRUCTIONS TO BIDDERS sscssrrrrccrereressccseneeseseceeneeseseceseneseeeene 5 SECTION III BID DATA SHEET agiata 34 SECTION IV GENERAL CONDITIONS OF CONTRACT sseessssscesssoocessscoceesscsoceesooo 39 SECTION V SPECIAL CONDITIONS OF CONTRACT esssssseeesssoocessooocessoooceessooceesooo 54 SECTION VI SCHEDULE OF REQUIREMENTS sssssscesscoceesscoocesscoocesssooceessooceesoso 59 SECTION VII TECHNICAL SPECIFICATIONS sessssoeeesscoceesscoocessooocessococeesscooceesooo 66 SECTION VIII BIDDING FORMS eessssseesssococesscoocessococeesococeesscoocesssoocessosoceesssoceesoso 71 Section I Invitation to Bid Republic of the Philippines Commission on Audit Region XII Cotabato City INVITATION TO BID No 2014 001 PROCUREMENT OF INFORMATION TECHNOLOGY EQUIPMENT The Commission on Audit COA will be accepting bids for the Procurement of Information Technology Equipment The Approved Budget for the Contract ABC is Two Million Three Hundred Twenty Six Thousand Five Hundred Pesos P2 326 500 00 broken down as follows Lot No Item Description Quantity Sub ABC 1 Branded Notebook Computers 18 P 810
39. able for a particular contract Provided however that Filipino ownership or interest of the joint venture concerned shall be at least sixty percent 60 Foreign bidders may be eligible to participate when any of the following circumstances exist as specified in the BDS 8 5 3 5 4 5 5 a When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR allow foreign bidders to participate b Citizens corporations or associations of a country included in the list issued by the GPPB the laws or regulations of which grant reciprocal rights or privileges to citizens corporations or associations of the Philippines 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 Government corporate entities may be eligible to participate only if they can establish that they a are legally and financially autonomous b operate under commercial law and c are not dependent agencies of the GOP or the Procuring Entity Unless otherwise provided in the BDS the Bidder must have completed at least one contract similar to the Project the value of which adjusted to current prices using the National Statistics Office consumer price index must be at least equivalent to a percentage of the ABC stated in the BDS For this purpose contracts similar to the Projec
40. ance Commission as authorized to issue such security and or Thirty percent 30 d Any combination of the Proportionate to share of form foregoing with respect to total amount of security Failure of the successful Bidder to comply with the above mentioned requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid The procedure shall be repeated until the LCRB is identified and selected for contract award However if no Bidder passed post qualification the BAC shall declare the bidding a failure and conduct a re bidding with re advertisement 34 Notice to proceed 34 1 34 2 Within three 3 calendar days from the date of approval of the contract by the appropriate government approving authority the Procuring Entity shall issue its Notice to Proceed to the Bidder The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity which date shall not be later than seven 7 calendar days from the issuance of the Notice to Proceed 32 35 Protest Mechanism Decision of the procuring entity at any stage of the procurement process may be questioned in accordance with Section 55 of the revised Implementing Rules and Regulations of Republic Act 9184 33 Section III Bid Data Sheet
41. awarded the contract are listed below 2 Name and address Amount and Purpose of of agent Currency Commission or gratuity 71 1 If ADB JICA and WB funded projects use IFB Applicable only if the Funding Source is the ADB JICA or WB if none state None Until a formal Contract is prepared and executed this Bid together with your written acceptance thereof and your Notice of Award shall be binding upon us We understand that you are not bound to accept the lowest or any Bid you may receive We certify confirm that we comply with the eligibility requirements as per ITB Clause 5 of the Bidding Documents Dated this day of 20 signature in the capacity of Duly authorized to sign Bid for and on behalf of AZ For Goods Offered From Abroad Name of Bidder Invitation to Bid Number ___ Page of Unit price CIF port of Total CIF or Unit Price Unit price Total Price entry specify port or CIP price 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 73 73 Jf ADB JICA and WB funded projects use IFB For Goods Offered From Within the Philippines Name of Bidder Invitation to Bidt Number Page of A Unit price EXW Cost of local Total price Unit prices per Sales and other Total Price oforigin per item labor raw EXW per item item final taxes payable delivered Final material and col
42. aws decrees ordinances acts and regulations of the Philippines which may affect this Project in any way The Bidder should note that the Procuring Entity will accept bids only from those that have paid the nonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid 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 11 8 Subcontracts 8 1 8 2 8 3 Unless otherwise specified in the BDS the Bidder may subcontract portions of the Goods to an extent as may be approved by the Procuring Entity and stated in the BDS However subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this Project Subcontractors must comply with the eligibility criteria and the documentary requirements specified in the BDS In the event that any subcontractor is found by the Procuring Entity to be ineligible the subcontracting of such portion of the Goods shall be disallowed 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
43. ceipt of written advice from the BAC the Procuring Entity shall award to the bidder offering the Foreign Bid or the non Philippine national as the case may be subject to post qualification and submission of all the documentary requirements under these Bidding Documents A Bidder may be granted preference as a Domestic Entity subject to the certification from the DTI in case of sole proprietorships SEC in case of partnerships and corporations or CDA in case of cooperatives that the a sole proprietor is a citizen of the Philippines or the partnership corporation cooperative or association is duly organized under the laws of the Philippines with at least seventy five percent 75 of its interest or outstanding capital stock belonging to citizens of the Philippines b habitually established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid and c the business has been in existence for at least five 5 consecutive years prior to the advertisement and or posting of the Invitation to Bid for this Project 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
44. centage required For biddings conducted by LGUs the Bidder may also submit bid securities in the form of cashier s manager s check bank draft guarantee or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement The Bid Securing Declaration mentioned above is an undertaking which states among others that the bidder shall enter into contract with the 19 18 3 18 4 18 5 procuring entity and furnish the performance security required under ITB Clause 33 2 from receipt of the Notice of Award and committing to pay the corresponding 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 The bid security should be valid for the period specified in the BDS Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non responsive No bid securities shall be returned to bidders after the opening of bids and before contract signing except to those that failed or declared as post disqualified upon submission of a written waiver of their right to file a motion for reconsideration and or protest Without prejudice on its forfeiture bid securities shall be returned only after the bidder with the Lowest Calculated and Responsive Bid has signed the contract and f
45. ch the Procuring Entity may have against the Supplier under the Contract and under the applicable law Delays in the Supplier s Performance 18 1 18 2 18 3 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 If at any time during the performance of this Contract the Supplier or its Subcontractor s should encounter conditions impeding timely delivery of the Goods and or performance of Services the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay its likely duration and its cause s As soon as practicable after receipt of the Supplier s notice and upon causes provided for under GCC Clause 22 the Procuring Entity shall evaluate the situation and may extend the Supplier s time for performance in which case the extension shall be ratified by the parties by amendment of Contract Except as provided under GCC Clause 22 a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 19 unless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liquidated damages 47 19 20 21 Liquidated Damages Subject to GCC Clauses 18 and 22 if the Supplier fails to satisfactorily deliver any or all of the Goods and o
46. ct is awarded 11 The price for inland transportation insurance and other local costs incidental to delivery of the Goods to their final destination Gii The price of other incidental services if any listed in the BDS b For Goods offered from abroad 1 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 17 ii The price of other incidental services if any listed in the BDS 15 5 Prices quoted by the Bidder shall be fixed during the Bidder s performance of the contract and not subject to variation or price escalation on any account A bid submitted with an adjustable price quotation shall be treated as non responsive and shall be rejected pursuant to ITB Clause 24 All bid prices shall be considered as fixed prices and therefore not subject to price escalation during contract implementation except under extraordinary circumstances Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines and upon the recommendation of the Procuring Entity Nevertheless in cases where the cost of the awar
47. cution of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the provisions of ITB Clause 3 1 a 11 and or GCC Clause 2 1 a 11 70 Section VIII Bidding Forms Bid Form Date Invitation to Bid N Commission On Audit R O No XII Don Teodoro V Juliano Avenue Cotabato City Gentlemen and or Ladies Having examined the Bidding Documents including Bid Bulletin Numbers insert numbers the receipt of which is hereby duly acknowledged we the undersigned offer to supply deliverlperform description of the Goods in conformity with the said Bidding Documents for the sum of total Bid amount in words and figures or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Bid We undertake if our Bid is accepted to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements If our Bid is accepted we undertake to provide a performance security in the form amounts and within the times specified in the Bidding Documents We agree to abide by this Bid for the Bid Validity Period specified in BDS provision for ITB Clause 18 2 and it shall remain binding upon us and may be accepted at any time before the expiration of that period Commissions or gratuities if any paid or to be paid by us to agents relating to this Bid and to contract execution if we are
48. d 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 50 26 27 25 3 If the Supplier suffers loss in its initial performance of the terminated contract such as purchase of raw materials for goods specially manufactured for the Procuring Entity which cannot be sold in open market it shall be allowed to recover partially from this Contract on a quantum meruit basis Before recovery may be made the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be made Termination for Unlawful Acts 26 1 The Procuring Entity may terminate this Contract in case it is determined prima facie that the Supplier has engaged before or during the implementation of this Contract in unlawful deeds and behaviors relative to contract acquisition and implementation Unlawful acts include but are not limited to the following a Corrupt fraudulent and coercive practices as defined in ITB Clause 3 1 a b Drawing up or using forged documents c Using adulterated materials means or methods or engaging in production contrary to rules of science or the trade and d Any other act analogous to the foregoing Procedures for Termination of Contracts 27 1 The following provisions shall govern the procedures for termina
49. ded contract is affected by any applicable new laws ordinances regulations or other acts of the GOP promulgated after the date of bid opening a contract price adjustment shall be made or appropriate relief shall be applied on a no loss no gain basis 16 Bid Currencies 16 1 Prices shall be quoted in the following currencies a For Goods that the Bidder will supply from within the Philippines the prices shall be quoted in Philippine Pesos b For Goods that the Bidder will supply from outside the Philippines the prices may be quoted in the currency ies stated in the BDS However for purposes of bid evaluation bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening 16 2 If so allowed in accordance with ITB Clause 16 1 the Procuring Entity for purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates 16 3 Unless otherwise specified in the BDS payment of the contract price shall be made in Philippine Pesos 17 Bid Validity 17 1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty 120 calendar days from the date of the opening of bids 18 17 2 In exceptional circumstances prior to the expiration of the Bid va
50. ded in the Notice to Proceed Performance of all obligations shall be reckoned from the Effective Date of the Contract n Verified Report refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate 2 Corrupt Fraudulent Collusive and Coercive Practices 2 1 Unless otherwise provided in the SCC the Procuring Entity as well as the bidders contractors or suppliers shall observe the highest standard of ethics during the procurement and execution of this Contract In pursuance of this policy the Procuring Entity a defines for the purposes of this provision the terms set forth below as follows i ii iii iv 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 s
51. e sized droplet technology Printing Speed Up to 27ppm for black and 15ppm for coloured Scan and Copy Precision 600 dpi x 1 200 dpi sensor Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed 20 units 65 Section VII Technical Specifications Item Specification Statement of Compliance Indicate also the brand name model and detailed specification with supporting brochure and related literature LOT 1 BRANDED NOTEBOOK COMPUTERS 1 1 A Notebook Computers with 12 14 Display Type Branded Processor Intel Core i7 3rd generation Memory 4GB DDR3 Hard Disk Drive 500 GB 7200 rpm partitioned 50 50 Optical Drive DVD RW Internal Interfaces 1x USB 3 0 and 2x USB 2 0 Ports Headphone Line out Microphone in or combo jack Multi in one card reader DCPower RJ45 VGA HDMI Port Network Integrated 802 11 b g m 10 100 1000 BaseT Audio Integrated HD Audio Video Integrated HD Graphics Display 12 to 14 LED Wide integrated multi touch screen Weight 1 30 to 2 40 kg Keyboard 84 keys Battery Lithium Ion 6 cell pack AC Adapter 220 V Operating System Windows 8 1 Professional 64 bit with OEM License pre installed and activated Others Latest Pre installed and Activated Antivirus w one year subscription User s manual USB Mouse Mouse Pad Carrying Bag Recovery
52. ead of the Procuring Entity shall issue an order terminating this Contract 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 Within a non extendible period of ten 10 calendar days from receipt of the verified position paper the Head of the Procuring Entity shall decide whether or not to terminate this Contract It shall serve a written notice to the Supplier of its decision and unless otherwise provided this Contract is deemed terminated from receipt of the Supplier of the notice of decision The termination shall only be based on the ground s stated in the Notice to Terminate The Head of the Procuring Entity may create a Contract Termination Review Committee CTRC to assist him in the discharge of this function All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity and 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 Assignment of Rights The Suppli
53. efusal or failure to post the required performance security within the prescribed time ix refusal to clarify or validate in writing its bid during post qualification within a period of seven 7 calendar days from receipt of the request for clarification x any documented attempt by a bidder to unduly influence the outcome of the bidding in his favor xi failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful or xii all other acts that tend to defeat the purpose of the competitive bidding such as habitually withdrawing from bidding submitting late Bids or patently insufficient bid for at least three 3 times within a year except for valid reasons 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 19 2 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 Forms as mentioned in
54. elay in performance or other failure to perform its obligations under the Contract is the result of a force majeure For purposes of this Contract the terms force majeure and fortuitous event may be used interchangeably In this regard a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen or which though foreseen was inevitable It shall not include ordinary unfavorable weather conditions and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor Such events may include but not limited to acts of the Procuring Entity in its sovereign capacity wars or revolutions fires floods epidemics quarantine restrictions and freight embargoes 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 Termination for Default 23 1 The Procuring Entity shall terminate this Contract for default when any of the following conditions attends its implementation a Outside of force majeure the Supplier fails to deliver or perform any or all of the Goods wit
55. enue Cotabato City The deadline for Submission of Bids is August 19 2014 9 30 AM PST 24 1 The place of bid opening is COA XII Training Hall Don Teodoro V Juliano Avenue Cotabato City The date and time of bid opening is August 19 2014 10 00 AM PST 27 1 No further instructions 28 3 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 Loti Branded Notebook Computers Lot 2 Branded Desktop Computers Lot3 Tower Type Server Lot4 Printers 28 3 b Bid modification is not allowed 28 4 No further instructions 37 29 2 b Bidders have the option to submit manually filed tax returns or tax returns filed through the Electronic Filing and Payments System EFPS NOTE The latest income and business tax returns are those within the last six months preceding the date of bid submission 29 2 d Additional Requirements a Submission of copy of the Certificate of Authorized Dealership by the Manufacturer Distributors whichever is applicable to the bidder for Lot Nos 1 2 3 and 4 b After Sales Service Parts Program for Lot Nos 1 2 3 and 4 i Response time within four 4 hours from receipt of complaint if
56. er documents pertaining to this Contract exchanged by the parties shall be written in English Notices 5 1 5 2 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 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 0 Scope of Contract 6 1 6 2 The GOODS and Related Services to be provided shall be as specified in Section VI Schedule of Requirements 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 Subcontracting 7 1 7 2 Subcontracting of any portion of the Goods if allowed in the BDS does not relieve the Supplier of any liability or obligation und
57. er shall not assign his rights or obligations under this Contract in whole or in part except with the Procuring Entity s prior written consent 52 29 30 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 Application These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of this Contract 53 Section V Special Conditions of Contract GCC Clause 1 1 g The Procuring Entity is the Commission on Audit Region XII 1 10 The Supplier is 1 10 The Funding Source is Commission on Audit General Fund in the amount of Two Million Three Hundred Twenty Six Thousand Five Hundred Pesos P2 326 500 00 1 1 k The Project Site is COA Region XII Cotabato City 5 1 The Procuring Entity s address for Notices is Commission on Audit XII Don Teodoro V Juliano Avenue Cotabato City Contact Person c o Ms Wevina Sequina Barranco Head BAC Secretariat Fax and Telephone No 421 1973 The Supplier s address for the Notices is 6 2 Delivery and Documents For purposes of the Contract EXW FOB FCA CIF CIP DDP and other trade terms used to describe the obligations of the parties shall have the meanings assigned to them by the current edition of INCOTERMS published by the International
58. er 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 Subcontractors disclosed and identified during the bidding may be changed during the implementation of this Contract subject to compliance with the required qualifications and the approval of the Procuring Entity 42 10 Procuring Entity s Responsibilities 8 1 8 2 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 The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with GCC Clause 6 Prices 9 1 9 2 For the given scope of work in this Contract as awarded all bid prices are considered fixed prices and therefore not subject to price escalation during contract implementation except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Section 61 of R A 9184 and its IRR or except as provided in this Clause Prices charged by the Supplier for Goods delivered and or services perfo
59. he 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 45 16 17 Inspection and Tests 16 1 16 2 16 3 16 4 16 5 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 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 The Procuring Entity or its designated representative shall be entitled to attend the tests and or inspections referred to in this Clause
60. hin the period s specified in the contract or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier prior to the delay and such failure amounts to at least ten percent 10 of the contact price b As a result of force majeure the Supplier is unable to deliver or perform any or all of the Goods amounting to at least ten percent 10 of the contract price for a period of not less than sixty 60 calendar days after receipt of the notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have ceased or 49 24 25 23 2 23 3 c The Supplier fails to perform any other obligation under the Contract In the event the Procuring Entity terminates this Contract in whole or in part for any of the reasons provided under GCC Clauses 23 to 26 the Procuring Entity may procure upon such terms and in such manner as it deems appropriate Goods or Services similar to those undelivered and the Supplier shall be liable to the Procuring Entity for any excess costs for such similar Goods or Services However the Supplier shall continue performance of this Contract to the extent not terminated 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 Cont
61. i Delivery receipt detailing number and description of items received signed by the Procuring Entity s representative at the Project Site vii Certificate of Acceptance Inspection Report signed by the Procuring Entity s representative at the Project Site and 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 is Ms Wevina S Barranco Head BAC Secretariat 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 inc
62. imilar acts as provided in Republic Act 3019 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 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 coercive practices means harming or threatening to harm directly or indirectly persons or their property to influence 40 2 2 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 mat
63. ith OEM license pre installed and activated Others Latest pre installed and activated antivirus w one year subscription user s manual USB mouse mouse pad carrying bag recovery CD w installation for Windows 8 1 9 units Shall not exceed thirty 30 calendar days upon Supplier s receipt of the Notice to Proceed 60 LOT 2 BRANDED DESKTOP COMPUTERS Processor Intel Core i7 3 Generation Memory 4GB DDR3 Hard Disk Drive 500GB 7200 rpm partitioned 50 50 Optical Drive DVD RW Interfaces USB 2 0 and 3 0 ports Parallel Serial HDMI DVI VGA RJ 45 Audio Audio Integrated HD Audio Network Interface Controller Integrated 10 100 1000 Ethernet Display 19 LED Monitor Wide Screen VGA and DVI ports Video Integrated HD Graphics Keyboard USB Keyboard Mouse USB 2 button scroll mouse Operating System Windows 8 1 Professional 64 bit with OEM License pre installed and activated Others Surge Protector with PS Marking Cover Cable for VGA and DVI Mouse Pad Manual Latest Antivirus Software with one year subscription Recovery CD with installation for Windows 8 1 22 units Shall not exceed thirty 30 calendar days upon Supplier s receipt 61 LOT 3 TOWER TYPE SERVER Shall not Casing Tower l unit exceed thirty 30 Processor Two 2 Intel Xeon E5 2630 2 30Ghz 6 cores calendar days upon Cache 15MB L3 Supplier s receip
64. ive levels and to deprive the Procuring Entity of the benefits of free and open competition 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 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 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 will reject a proposal for award if it determines that the Bidde
65. lidity 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 bid security in the amount stated in the BDS shall be equal to the percentage of the ABC in accordance with the following schedule Amount of Bid Security Form of Bid Security Equal to Percentage of the ABC a Cash or cashier s manager s check issued by a Universal or Commercial Bank b Bank draft guarantee or irrevocable letter of credit issued by a Universal or Commercial Two percent 2 Bank Provided however that it shall be confirmed or authenticated by a Universal or Commercial Bank if issued by a foreign bank c Surety bond callable upon demand issued by a surety or insurance company duly certified Five percent 5 by the Insurance Commission as authorized to issue such security d Any combination of items a to Proportionate to share of form c above with respect to total amount of security e Bid Securing Declaration No per
66. luding 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 56 Where the Supplier is required under Contract to deliver the Goods CIF CIP or DDP Goods are to be transported on carriers of Philippine registry In the event that no carrier of Philippine registry is available Goods may be shipped by a carrier which is not of Philippine registry provided that the Supplier obtains and presents to the Procuring Entity certification to this effect from the nearest Philippine consulate to the port of dispatch In the event that carriers of Philippine registry are available but their schedule delays the Supplier in its performance of this Contract the period from when the Goods were first ready for shipment and the actual date of shipment the period of delay will be considered force majeure in accordance with GCC Clause 22 The Procuring Entity accepts no liability for the damage of Goods during transit other than those prescribed by INCOTERMS for DDP Deliveries In the case of Goods supplied from within the Philippines or supplied by domestic Suppliers risk and title will not be deemed to have passed to the Procuring Entity until their receipt and final acceptance at the final destination Patent Rights The Supplier shall indemnify the Procuring Entity against all third party claims of infringement of patent trademark or industrial
67. nal and the copies shall then be enclosed in one single envelope The original and the number of copies of the Bid as indicated in the BDS shall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative s 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 Clausel 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 22 20 5 If bids are not sealed and marked as required the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid D Submission and Opening of Bids 21 Deadline of Submission of Bids Bids must be received by the Procuring Entity s BAC at the address and on or before the date and time indicated in the BDS 22 Late Bids Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity pursuant to ITB Clause 21 shall be declared Late and shall not be accepted by the Procuring Entity 23 Modification and Withdrawal of Bids 23 1 23 2 23 3 23 4 Bidder may modify its bid after it has been submitted provided that
68. ntract shall be in Philippine Pesos 43 11 12 13 Advance Payment and Terms of Payment 11 1 11 3 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 For Goods supplied from abroad the terms of payment shall be as follows a b c 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 On Delivery Sixty five percent 65 of the Contract Price shall be paid to the Supplier within sixty 60 days after the date of receipt of the Goods and upon submission of the documents i through vi specified in the SCC provision on Delivery and Documents 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
69. o commence arbitration has been given in accordance with this Clause shall be settled by arbitration Arbitration may be commenced prior to or after delivery of the Goods under this Contract 20 4 In the case of a dispute between the Procuring Entity and the Supplier the dispute shall be resolved in accordance with Republic Act 9285 R A 9285 otherwise known as the Alternative Dispute Resolution Act of 2004 20 5 Notwithstanding any reference to arbitration herein the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree and the Procuring Entity shall pay the Supplier any monies due the Supplier Liability of the Supplier 21 1 The Supplier s liability under this Contract shall be as provided by the laws of the Republic of the Philippines subject to additional provisions if any set forth in the SCC 48 22 23 21 2 Except in cases of criminal negligence or willful misconduct and in the case of infringement of patent rights if applicable the aggregate liability of the Supplier to the Procuring Entity shall not exceed the total Contract Price provided that this limitation shall not apply to the cost of repairing or replacing defective equipment Force Majeure 22 1 22 2 22 3 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 d
70. oned the Supplier hereby covenants with the Entity to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract 4 The Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the contract IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written Signed sealed delivered by the for the Entity 75 Signed sealed delivered by the for the Supplier 76 Omnibus Sworn Statement REPUBLIC OF THE PHILIPPINES CITY MUNICIPALITY OF S S AFFIDA VIT 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 l Select one delete the other lf a sole proprietorship I am the sole proprietor of Name of Bidder with office address at address of Bidder If a partnership corporation cooperative or joint venture I am the duly authorized and designated representative of Name of Bidder with office address at address of Bidder Select one delete the other If a sole pro
71. ontracts date of delivery and end user s acceptance or official receipt s issued for the contract if completed Audited financial statements stamped received by the Bureau of Internal Revenue BIR or its duly accredited and authorized institutions for the preceding calendar year which should not be earlier than two 2 years from bid submission NFCC computation or CLC in accordance with ITB Clause 5 5 and Class B Document vi If applicable the JVA in case the joint venture is already in existence or duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful 14 b Technical Documents 1 Bid security in accordance with ITB Clause 18 If the Bidder opts to submit the bid security in the form of i l 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 1 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 11 Conformity with technical specifications as enumerated and specified in Sections VI and VII of the Bidding Documents and iii Sworn statement in accordance with Section 25 2 a iv of the IRR of RA 9184 and using the
72. prietorship As the owner and sole proprietor of Name of Bidder I have full power and authority to do execute and perform any and all acts necessary to represent it in the bidding for Name of the Project of the Name of the Procuring Entity If a partnership corporation cooperative or joint venture I am granted full power and authority to do execute and perform any and all acts necessary and or to represent the Name of Bidder in the bidding as shown in the attached state title of attached document showing proof of authorization e g duly notarized Secretary s Certificate issued by the corporation or the members of the joint venture Name of Bidder is not blacklisted or barred from bidding by the Government of the Philippines or any of its agencies offices corporations or Local Government Units foreign government foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original complete and all statements and information provided therein are true and correct Name of Bidder is authorizing the Head of the Procuring Entity or its duly authorized representative s to verify all the documents submitted 77 6 Select one delete the rest If a sole proprietorship I am not related to the Head of the Procuring Entity members of
73. py Resolution Up to 600 x 600 dpi Other capabilities Copy Reduce Enlarge Settings up to 99 copies 63 2 units 4 C All In One Printer Scanner Copier Fax with the following specifications Printing Maximum Resolution 5 760 x 1 440 dpi w Variable Sized Droplet Technology Printing Speed Up to 33ppm for black and 15ppm for colour Scan Resolution 1 200 dpi x 2 400 dpi Maximum Scan Area 216 x 297mm 8 5 x 11 7 Fax Output Black and White and Colour Fax Fax Resolution Standard 200 x 100 Fine 200 x 200 Photo 200 x 200 with error diffusion Dial Capabilities Automatic Redial PC Fax Transmit Only Broadcast Fax Mono Only Group Dial Delay Send Feeder Up to 30 sheets automatic document feeder Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed Wireless Printing WiFi Connectivity 6 units 4 D Printer Dot Matrix with the following specifications Printing Maximum Resolution 5 760 x 1 440 dpi w variable sized droplet technology Printing Speed Up to 27ppm for black and 15ppm for colour Scan and copy resolution 600 dpi x 1 200 dpi sensor Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed 1 unit 64 4 E All In One Printer Scanner Copier with the following specifications Printing Maximum Resolution 5 760 x 1 440 dpi w variabl
74. r recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract Further the Procuring Entity will seek to impose the maximum civil administrative and or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3 1 a 3 3 Furthermore the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3 4 Conflict of Interest 4 1 4 2 All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand without prejudice to the imposition of appropriate administrative civil and criminal sanctions A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs a through c below and a general conflict of interest in any of the circumstances set out in paragraphs d through f below a A Bidder has controlling shareholders in common with another Bidder b A Bidder receives or has received any direct or indirect subsidy from any other Bidder c A Bidder has the same legal representative as that of another Bidder for purposes of this bid d A Bidder has a relationship
75. r to perform the Services within the period s specified in this Contract inclusive of duly granted time extensions if any the Procuring Entity shall without prejudice to its other remedies under this Contract and under the applicable law deduct from the Contract Price as liquidated damages the applicable rate of one tenth 1 10 of one 1 percent of the cost of the unperformed portion for every day of delay until actual delivery or performance The maximum deduction shall be ten percent 10 of the amount of contract Once the maximum is reached the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23 without prejudice to other courses of action and remedies open to it Settlement of Disputes 20 1 If any dispute or difference of any kind whatsoever shall arise between the Procuring Entity and the Supplier in connection with or arising out of this Contract the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation 20 2 If after thirty 30 days the parties have failed to resolve their dispute or difference by such mutual consultation then either the Procuring Entity or the Supplier may give notice to the other party of its intention to commence arbitration as hereinafter provided as to the matter in dispute and no arbitration in respect of this matter may be commenced unless such notice is given 20 3 Any dispute or difference in respect of which a notice of intention t
76. ract forfeit the Supplier s performance security and award the same to a qualified Supplier 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 Termination for Convenience 25 1 292 The Procuring Entity may terminate this Contract in whole or in part at any time for its convenience The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has determined the existence of conditions that make Project Implementation economically financially or technically impractical and or unnecessary such as but not limited to fortuitous event s or changes in law and national government policies 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 an
77. rd Mouse USB 2 button scroll mouse Operating System Window 8 1 Professional 64 bit with OEM License pre installed and activated 67 Others Surge protector with PS marking Cover Cable for VGA and DVI Mouse pad Manual Latest Antivirus Software with one year subcription Recovery CD with installation for Windows 8 1 TOWER TYPE SERVER Casing Tower Processor Two 2 Intel Xeon E5 2630 2 30Ghz 6 cores Cache ISMB L3 Memory 32GB Raid Controller RAID O 1 and5 Hard Disk Drive 5x ITB 6G SAS 7 2K Hot Plug Hot Swap Small Form Factor Optical Drive DVD RW Interfaces USB RJ 45 VGA Network Interface Controller Four 4 10 100 1000Mbps Ethernet Display 19 LED Monitor Keyboard USB Keyboard Mouse USB 2 button scroll mouse Power Supply Redundant Power Supply Warranty 3 years on all parts 3 years on services 3 years on site Others Remote management Hardware Fault Management Asset Management Performance Management Technical Support on the installation of software and electrical requirements PRINTERS 4 A All In One Printer Scanner Copier Printing Resolution Printing Maximum Resolution 5760 x 1440 dpi w variable sized droplet technology Speed Printing speed of up to 27ppm for black and 15ppm for colour Scan Resolution 1 200 dpi x 2 400 dpi Maximum Scan Area 216 x 297mm 8 5 x
78. rein The Contract Price means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations 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 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 GCC means the General Conditions of Contract contained in this Section SCC means the Special Conditions of Contract The Procuring Entity means the organization purchasing the Goods as named in the SCC The Procuring Entity s country is the Philippines The Supplier means the individual contractor manufacturer distributor or firm supplying manufacturing the Goods and Services under this Contract and named in the SCC The Funding Source means the organization named in the SCC The Project Site where applicable means the place or places named in the SCC Day means calendar day 39 m The Effective Date of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provi
79. rks or goods to be procured Gii The procuring entity has trained cost estimators on estimating prices and analyzing bid variances iv The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer s procuring entity s estimate v The procuring entity has established a system to monitor and report bid prices relative to ABC and procuring entity s estimate The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works 14 Alternative Bids Alternative Bids shall be rejected For this purpose alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two 2 or more separate bid envelopes 15 Bid Prices 15 1 The Bidder shall complete the appropriate Price Schedules included herein stating the unit prices total price per item the total amount and the expected countries of origin of the Goods to be supplied under this Project The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities Bids not addressing or providing all of the required items in the
80. rmed under this Contract shall not vary from the prices quoted by the Supplier in its bid with the exception of any change in price resulting from a Change Order issued in accordance with GCC Clause 29 Payment 10 1 10 2 10 3 10 4 Payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted Except with the prior approval of the President no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under this Contract Ten percent 10 of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier s warranty obligations under this Contract as described in GCC Clause 17 The Supplier s request s for payment shall be made to the Procuring Entity in writing accompanied by an invoice describing as appropriate the Goods delivered and or Services performed and by documents submitted pursuant to the SCC provision for GCC Clause 6 2 and upon fulfillment of other obligations stipulated in this Contract Pursuant to GCC Clause 10 2 payments shall be made promptly by the Procuring Entity but in no case later than sixty 60 days after submission of an invoice or claim by the Supplier Unless otherwise provided in the SCC the currency in which payment is made to the Supplier under this Co
81. rom bid opening date August 19 2014 18 1 The bid security shall be in the following amount Form of Bid Security Amount of Bid Security Equal to Percentage of the ABC a Cash or cashier s manager s Lot 1 P 16 200 00 check issued by a Universal or Commercial Bank Lot 2 17 600 00 Lot 3 6 000 00 Lot 4 6 730 00 b Bank draft guarantee or Lot 1 P 16 200 00 irrevocable letter of credit issued by a Universal or Lot 2 17 600 00 Commercial Bank Provided ees 6 000 00 however that it shall be confirmed or authenticated by a Lot 4 6 730 00 Universal or Commercial Bank if issued by a foreign bank c Surety bond callable upon Lot 1 40 500 00 demand issued by a surety or insurance company duly Lot 2 44 000 00 certified by the Insurance Lot 3 15 000 00 Commission as authorized to issue such security Lot 3 16 825 00 d Any combination of items a to c above Proportionate to share of form with respect to total amount of security e Bid Securing Declaration No percentage required 36 18 2 The bid security shall be valid until December 16 2014 or one hundred twenty 120 calendar days from bid opening date August 19 2014 20 3 Fach Bidder shall submit one 1 original and three 3 copies of the first and second components of its bid 21 The address for submission of bids is BAC Office COA Region XII Don Teodoro V Juliano Av
82. s 4 x 5 destination and per item if Destination component unit price of Contract is col 8 9 x4 other incidental awarded services 74 74 Tf ADB JICA and WB funded projects use IFB Contract Agreement Form THIS AGREEMENT made the day of 20_ between name of PROCURING ENTITY of the Philippines hereinafter called the Entity of the one part and name of Supplier of city and country of Supplier hereinafter called the Supplier of the other part WHEREAS the Entity invited Bids for certain goods and ancillary services viz brief description of goods and services and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of contract price in words and figures hereinafter called the Contract Price NOW THIS AGREEMENT WITNESSETH AS FOLLOWS 1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to 2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz a the Bid Form and the Cost Distribution submitted by the Bidder b the Schedule of Requirements c the Technical Specifications d the General Conditions of Contract e the Special Conditions of Contract and f the Entity s Notification of Award 3 In consideration of the payments to be made by the Entity to the Supplier as hereinafter menti
83. said item would mean that it is being offered for free to the Procuring Entity and b Arithmetical corrections Consider computational errors and omissions to enable proper comparison of all eligible bids It may also consider bid modifications if allowed in the BDS Any adjustment shall be calculated in monetary terms to determine the calculated prices 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 The Procuring Entity s evaluation of bids shall only be based on the bid price quoted in the Financial Bid Form 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 27 29 Post Qualification 29 1
84. st Calculated Responsive Bid and recommend to the Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or its calculated bid price whichever is lower A negative determination shall result in rejection of the Bidder s Bid in which event the Procuring Entity shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder s capabilities to perform satisfactorily If the second Bidder however fails the post qualification the procedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid and so on until the Lowest Calculated Responsive Bid is determined for contract award 28 29 6 Within a period not exceeding seven 7 calendar days from the date of receipt of the recommendation of the BAC the Head of the Procuring Entity shall approve or disapprove the said recommendation In the case of GOCCs and GFIs the period provided herein shall be fifteen 15 calendar days 30 Reservation Clause 30 1 30 2 Notwithstanding the eligibility or post qualification of a Bidder the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder or that there has been a change in the Bidder s capability to undertake the project from the time it submitted its eligibility requirements
85. t of Memory 32GB the Notice to Proceed Raid Controller RAID 0 1 and 5 Hard Disk Driver 5 x 1TB 6G SAS 7 2K Hot Plug Hot Swap Small Form Factor Optical Drive DVD RW Interfaces USB RJ 45 VGA Network Interface Controller Four 4 10 100 1000Mbps Ethernet Display 19 LED Monitor Keyboard USB Keyboard Mouse USB 2 button scroll mouse Power Supply Redundant Power Supply Warranty 3 years on all parts 3 years on services 3 years on site Others Remote Management Hardware Fault Management Asset Management Performance Management Technical Support on the installation of software and electrical requirements 62 LOT 4 PRINTERS 4 A All In One Printer Scanner Copier with the following specifications Printing Resolution Printing Maximum Resolution 5760 x 1440 dpi w variable sized droplet technology Speed Printing speed of up to 27ppm for black and 15ppm for colour Scan Resolution 1 200 dpi x 2 400 dpi Maximum Scan Area 216 x 297mm 8 5 x 11 7 Yield 4 000 pages yield for black and 6 500 pages yield for coloured Connectivity USB 2 0 High Speed Wireless Printing WiFi Connectivity 1 unit 4 B All In One Mobile Printer with the following specifications Print Quality Color 4 800 x 1 200 dpi Black Up to 600 x 600 dpi Connectivity USB 2 0 High Speed Wireless Capability Bluetooth SD Card Slot Scan Resolution Up to 600 dpi Co
86. t shall be those described in the BDS and completed within the relevant period stated in the Invitation to Bid and ITB Clause 12 1 a iii The Bidder must submit a computation of its Net Financial Contracting Capacity NFCC or a commitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded the contract for this Project CLC The NFCC computed using the following formula must be at least equal to the ABC to be bid NFCC Current assets minus current liabilities K minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts including awarded contracts yet to be started coinciding with the contract for this Project Where K 10 for a contract duration of one year or less 15 for a contract duration of more than one year up to two years and 20 for a contract duration of more than two years 9 The CLC must be at least equal to ten percent 10 of the ABC for this Project If issued by a foreign bank it shall be confirmed or authenticated by a Universal or Commercial Bank In the case of local government units LGUs the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas BSP as authorized to issue such financial instrument 6 Bidder s Responsibilities 6 1 6 2 The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII Bidding forms as req
87. ters 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 Further the Funding Source Borrower or Procuring Entity as appropriate will seek to impose the maximum civil administrative and or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with any of the practices mentioned in GCC Clause 2 1 a 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 Governing Law and Language 4 1 This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines 41 4 2 This Contract has been executed in the English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract All correspondence and oth
88. the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids The Bidder shall not be allowed to retrieve its original bid but shall be allowed to submit another bid equally sealed properly identified linked to its original bid marked as TECHNICAL MODIFICATION or FINANCIAL MODIFICATION and stamped received by the BAC Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened 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 Bids requested to be withdrawn in accordance with ITB Clause 23 1 shall be returned unopened to the Bidders A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids A Bidder that withdraws its bid shall not be permitted to submit another bid directly or indirectly for the same contract 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
89. 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
90. tion of this Contract a Upon receipt of a written report of acts or causes which may constitute ground s for termination as aforementioned or upon its own initiative the Implementing Unit shall within a period of seven 7 calendar days verify the existence of such ground s and cause the execution of a Verified Report with all relevant evidence attached b Upon recommendation by the Implementing Unit the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveying the termination of this Contract The notice shall state i that this Contract is being terminated for any of the ground s afore mentioned and a statement of the acts that constitute the ground s constituting the same ii the extent of termination whether in whole or in part 51 28 c d e f g h ili 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 The Notice to Terminate shall be accompanied by a copy of the Verified Report Within a period of seven 7 calendar days from receipt of the Notice of Termination the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated If the Supplier fails to show cause after the lapse of the seven 7 day period either by inaction or by default the H
91. uired in ITB Clause 12 1 b iii The Bidder is responsible for the following a b c d e f g h Having taken steps to carefully examine all of the Bidding Documents Having acknowledged all conditions local or otherwise affecting the implementation of the contract Having made an estimate of the facilities available and needed for the contract to be bid if any Having complied with its responsibility to inquire or secure Supplemental Bid Bulletin s as provided under ITB Clause 10 3 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 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 Authorizing the Head of the Procuring Entity or its duly authorized representative s to verify all the documents submitted 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
92. urnished the performance security but in no case later than the expiration of the bid security validity period indicated in ITB Clause 18 2 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 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 11 does not accept the correction of errors pursuant to ITB Clause 28 3 b iii fails to submit the requirements within the prescribed period or a finding against their veracity 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 20 vi allowing the use of one s name or using the name of another for purposes of public bidding vii withdrawal of a bid or refusal to accept an award or enter into contract with the Government without justifiable cause after the Bidder had been adjudged as having submitted the Lowest Calculated and Responsive Bid viii r
93. y changed so as to render the project no longer economically financially or technically feasible as determined by the head of the procuring entity 11 If the project is no longer necessary as determined by the head of the procuring entity and 29 30 3 iii If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity In addition the Procuring Entity may likewise declare a failure of bidding when a No bids are received b All prospective Bidders are declared ineligible c All bids fail to comply with all the bid requirements or fail post qualification or d The Bidder with the Lowest Calculated Responsive Bid LCRB refuses without justifiable cause to accept the award of contract and no award is made F Award of Contract 31 Contract Award 31 1 31 2 Subject to ITB Clause 29 the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be the LCRB Prior to the expiration of the period of bid validity the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted through a Notice of Award received personally or sent by registered mail or electronically receipt of which must be confirmed in writing within two 2 days by the Bidder with the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity Notwithstanding the issuance of the Notice of

Section I. Invitation to Bid

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