PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Supply, Delivery, Testing and

Commissioning of Brand New
Mobile Dental Vehicle
IB No. 2020-144

Government of the Republic of the Philippines

Fifth Edition
October 2016
 TABLE OF CONTENTS

SECTION I. INVITATION TO BID ............................................................................3

SECTION II. INSTRUCTIONS TO BIDDERS .............................................................7
SECTION III. BID DATA SHEET ......................................................................... 40
SECTION IV. GENERAL CONDITIONS OF CONTRACT ....................................... 54
SECTION V. SPECIAL CONDITIONS OF CONTRACT ........................................... 70
SECTION VI. SCHEDULE OF REQUIREMENTS.................................................... 79
SECTION VII. TECHNICAL SPECIFICATIONS ..................................................... 80
SECTION VIII. BIDDING FORMS ...................................................................... 101
Section I. Invitation to Bid

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 Republic of the Philippines
Department of Health
CENTRAL OFFICE BIDS AND AWARDS COMMITTEE

INVITATION TO BID FOR THE

SUPPLY, DELIVERY, TESTING AND COMMISSIONING OF
BRAND NEW MOBILE DENTAL VEHICLE
IB NO. 2020-144
1. The Department of Health (DOH), through the Continuing Appropriations of 2019
intends to apply the sum of One Hundred Seven Million Eight Hundred Thousand
Philippine Pesos (PhP107,800,000.00) being the Approved Budget for the Contract
(ABC) to payments under the contract for the Supply, Delivery, Testing and
Commissioning of Brand New Mobile Dental Vehicle under IB No. 2020-144. Bids
received in excess of the ABC shall be automatically rejected at bid opening.

2. The DOH now invites bids for the procurement of the above-captioned project.
Delivery of the Goods is required within the period specified under SECTION VI.
Schedule of Requirements. Bidders should have completed, within two (2) years from
the date of submission and receipt of bids, a contract similar to the Project, equivalent
to:

a. At least two (2) similar contracts, the aggregate amount of which should be
equivalent to at least fifty percent (50%) of the (ABC) of the ABC for this Project;
and

b. The largest of these similar contracts must be equivalent to at least half of the
percentage of the ABC as required above.

The description of an eligible bidder is contained in the Bidding Documents,

particularly, in Section II. Instructions to Bidders.

3. Bidding will be conducted through open competitive bidding procedures using a non-
discretionary “pass/fail” criterion as specified in the 2016 Revised Implementing Rules
and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the
“Government Procurement Reform Act”.

Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or

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

4. Interested bidders may obtain further information from the COBAC Secretariat, G/F,
Bldg. 6, Department of Health, San Lazaro Compound and inspect the Bidding
Documents at the address given above during 8:00 AM – 5:00 PM, Monday to Friday.

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5. A complete set of Bidding Documents may be acquired by interested Bidders on
08 June 2020 to 30 June 2020 from the address above and upon payment of the
applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by
the GPPB, in the amount of Fifty Thousand Philippine Pesos (PhP50,000.00).

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

6. Due to the national and worldwide declaration of Covid-19 Pandemic that has caused
large number of deaths, severe health effects/impacts, loss of livelihood and services,
social economic disruptions, implementation of community quarantine that restricts
movement, and imposition of social distancing wherein movement of people and mass
public and private transport are limited, the Central Office Bids and Awards
Committee (COBAC)-C by virtue of GPPB Resolution 09-2020, shall adopt measures
to efficiently conduct the procurement activities for this project.

7. The Committee will hold a Pre-Bid Conference on 16 June 2020, 10:00 A.M. through
video conference, which shall be open to all prospective bidders. Interested bidders may
contact the COBAC-C Secretariat at this electronic mail (e-mail) address,
[email protected], for details.

8. Bids must be duly received by the COBAC–C Secretariat at the address below on or
before 30 June 2020, 9:00 AM. All Bids must be accompanied by a bid security in any
of the acceptable forms and in the amount stated in ITB Clause 18.

9. Bid opening shall be on 30 June 2020, 9:00 AM. and will be conducted through video
conference. Bids will be opened in the presence of the bidders’ representatives by
joining the video conference. Interested bidders may contact the COBAC-C Secretariat
at this electronic mail (e-mail) address, [email protected], for details.
Late bids shall not be accepted.

Bidders may submit their bid proposal on or before 30 June 2020, 9:00 AM. to the
COBAC-C Secretariat through any of the following options:

a. In printed copy to be submitted at the G/F, Bldg. 6, Department of

Health, San Lazaro Compound; or

b. In electronic copy via e-mail to [email protected]

provided that it complies with the following conditions:

i. It should be in a clear .PDF/.IMG/.JPG/.TIFF/.GIF/.PNG format,

and shall be in two (2) password protected Bidding Documents
in compressed archive folders pursuant to GPPB Resolution No.
09-2020 and Section 25.1 of the 2016 IRR of RA 9184;

ii. A generated bid receipt page or email acknowledgement

indicating the time of submission must be secured and printed as
a reference;

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 iii. The documentary requirements are arranged accordingly based
on the Eligibility Checklist using the standard file name
indicated therein.

iv. For electronic bid submission, the passwords for accessing the
Bidding Documents will be disclosed by the Bidders only during
the actual bid opening which may be done in person or face-to-
face through videoconferencing, webcasting or similar
technology. (GPPB Resolution No. 09-2020 and Section 29 of
the 2016 IRR of RA 9184)

Note:

The BAC shall open the bid envelopes using a non-discretionary “pass/fail”
criterion. In case of electronic bid submission, Bidding Documents not in
compressed archive folders and are not password protected, shall be
rejected. However, bid envelopes that are not properly sealed and marked or
not properly compressed and password-protected, as required in the Bidding
Documents, shall be accepted, provided that the bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The
BAC shall assume no responsibility for the misplacement of the contents of
the improperly sealed or marked bid, or improperly compressed or
password-protected folder, or for its premature opening. (GPPB Resolution
No. 09-2020 and Section 25.9 of the 2016 IRR of RA 9184)

Further, once the General Community Quarantine is lifted or the Bidder is

determined as the Single/Lowest Calculated and Responsive Bid, whichever
comes first, the Bidder shall submit three (3) sets of printed copies of the
eligibility documents, certified as such by the bidder or his duly authorized
representative.

10. The DOH reserves the right to reject any and all bids, declare a failure of bidding, or
not award the contract at any time prior to contract award in accordance with Section
41 of RA 9184 and its IRR, without thereby incurring any liability to the affected
bidder or bidders.

11. For further information, please refer to:

COBAC – C Secretariat
Department of Health
San Lazaro Compound
Sta. Cruz, Manila
Tel. Nos. 8651-7800 local 1625 to 1627; 1650 to 52
Facsimile No.: 8741-9775; 8740-6830

KENNETH G. RONQUILLO, MD, MPHM, CESO III

Assistant Secretary of Health
COBAC – C Chairperson

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Section II. Instructions to Bidders

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 TABLE OF CONTENTS

A. GENERAL ........................................................................................................ 10
1. Scope of Bid ............................................................................................................. 10
2. Source of Funds ........................................................................................................ 10
3. Corrupt, Fraudulent, Collusive, and Coercive Practices .......................................... 10
4. Conflict of Interest ................................................................................................... 11
5. Eligible Bidders ........................................................................................................ 13
6. Bidder’s Responsibilities.......................................................................................... 14
7. Origin of Goods ........................................................................................................ 16
8. Subcontracts ............................................................................................................. 16
B. CONTENTS OF BIDDING DOCUMENTS .............................................................. 17
9. Pre-Bid Conference .................................................................................................. 17
10. Clarification and Amendment of Bidding Documents ............................................. 17
C. PREPARATION OF BIDS .................................................................................... 18
11. Language of Bid ....................................................................................................... 18
12. Documents Comprising the Bid: Eligibility and Technical Components ................ 19
13. Documents Comprising the Bid: Financial Component .......................................... 20
14. Alternative Bids........................................................................................................ 21
15. Bid Prices ................................................................................................................. 22
16. Bid Currencies .......................................................................................................... 23
17. Bid Validity .............................................................................................................. 23
18. Bid Security .............................................................................................................. 24
19. Format and Signing of Bids ..................................................................................... 26
20. Sealing and Marking of Bids .................................................................................... 27
D. SUBMISSION AND OPENING OF BIDS ................................................................ 28
21. Deadline for Submission of Bids ............................................................................. 28
22. Late Bids .................................................................................................................. 28
23. Modification and Withdrawal of Bids ...................................................................... 28
24. Opening and Preliminary Examination of Bids ....................................................... 29
E. EVALUATION AND COMPARISON OF BIDS ....................................................... 31
25. Process to be Confidential ........................................................................................ 31
26. Clarification of Bids ................................................................................................. 31
27. Domestic Preference ................................................................................................ 31

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

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 A. General

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

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

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

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

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

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

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

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

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

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

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

two or more Bidders, with or without the knowledge of the

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

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

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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

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

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

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

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

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

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

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

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 interest in any of the circumstances set out in paragraphs (d) through (g)
below:

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

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

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

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

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

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

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

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

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

4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents
shall be accompanied by a sworn affidavit of the Bidder that it is not related to
the Head of the Procuring Entity (HoPE), members of the Bids and Awards
Committee (BAC), members of the Technical Working Group (TWG),
members of the BAC Secretariat, the head of the Project Management Office
(PMO) or the end-user unit, and the project consultants, by consanguinity or
affinity up to the third civil degree. On the part of the Bidder, this Clause shall
apply to the following persons:

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

himself;

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

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

controlling stockholders;

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

controlling shareholders or members; and

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

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

Clause will result in the automatic disqualification of a Bidder.

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

(a) Duly licensed Filipino citizens/sole proprietorships;

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

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

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

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

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

5.2. Foreign bidders may be eligible to participate when any of the following
circumstances exist, as specified in the BDS:

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

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

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

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

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

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

restrain trade.

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

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

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

For this purpose, contracts similar to the Project shall be those described in the
BDS, and completed within the relevant period stated in the Invitation to Bid
and ITB Clause 12.1(a)(ii).

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

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

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

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

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

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

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

6.2. The Bidder is responsible for the following:

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

Documents;

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

implementation of the contract;

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

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

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

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

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

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

(g) Authorizing the HoPE or its duly authorized representative/s to verify

all the documents submitted;

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

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

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

(j) Complying with existing labor laws and standards, in the case of
procurement of services; Moreover, bidder undertakes to:

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

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

In case there is a finding by the Procuring Entity or the DOLE

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

(ii) Comply with occupational safety and health standards and to

correct deficiencies, if any.

In case of imminent danger, injury or death of the worker,

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

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 (iii) Inform the workers of their conditions of work, labor clauses
under the contract specifying wages, hours of work and other
benefits under prevailing national laws, rules and regulations;
or collective bargaining agreement; or arbitration award, if and
when applicable, through posting in two (2) conspicuous places
in the establishment’s premises; and

(k) Ensuring that it did not give or pay, directly or indirectly, any
commission, amount, fee, or any form of consideration, pecuniary or
otherwise, to any person or official, personnel or representative of the
government in relation to any procurement project or activity.

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

6.3. The Bidder is expected to examine all instructions, forms, terms, and
specifications in the Bidding Documents.

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

6.5. The Procuring Entity shall not assume any responsibility regarding erroneous
interpretations or conclusions by the prospective or eligible bidder out of the
data furnished by the procuring entity. However, the Procuring Entity shall
ensure that all information in the Bidding Documents, including
bid/supplemental bid bulletin/s issued, are correct and consistent.

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

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

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

7. Origin of Goods
Unless otherwise indicated in the BDS, there is no restriction on the origin of goods
other than those prohibited by a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, subject to ITB Clause 27.1.

8. Subcontracts

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

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

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

B. Contents of Bidding Documents

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

(b) The pre-bid conference shall be held at least twelve (12) calendar days
before the deadline for the submission and receipt of bids, but not earlier than
seven (7) calendar days from the posting of the invitation to bid/bidding
documents in the PhilGEPS website. If the Procuring Entity determines that,
by reason of the method, nature, or complexity of the contract to be bid, or
when international participation will be more advantageous to the GOP, a
longer period for the preparation of bids is necessary, the pre-bid conference
shall be held at least thirty (30) calendar days before the deadline for the
submission and receipt of bids, as specified in the BDS.

9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they
fully understand the Procuring Entity’s requirements. Non-attendance of the
Bidder will in no way prejudice its bid; however, the Bidder is expected to
know the changes and/or amendments to the Bidding Documents as recorded
in the minutes of the pre-bid conference and the Supplemental/Bid Bulletin.
The minutes of the pre-bid conference shall be recorded and prepared not later
than five (5) calendar days after the pre-bid conference. The minutes shall be
made available to prospective bidders not later than five (5) days upon written
request.

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

10. Clarification and Amendment of Bidding Documents

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

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

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

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

C. Preparation of Bids

11. Language of Bids

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

However, for Contracting Parties to the Apostille Convention, the documents

shall be authenticated through an apostille by the Competent Authority, except
for Countries identified by the Department of foreign Affairs (DFA) that will still
require legalization (red ribbon) by the relevant Embassy or Consulate.

A Contracting Party refers to a State that has joined the Apostille Convention,
whether or not the Convention has entered into force for that State.

A Competent Authority refers to the authority designated by a Contracting

Party that is competent to issue an apostille. A Contracting Party may designate

18
 one or more Competent Authorities and may designate Competent Authorities
that are competent to issue an apostille for certain categories of public
documents. Information about designated Competent Authorities may be found
on the Apostille Section of the Hague Conference Website under “Competent
Authorities” (GPPB Resolution No. 13-2019 dated 23 May 2019).

The English translation shall govern, for purposes of interpretation of the bid.

12. Documents Comprising the Bid: Eligibility and Technical

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

(a) Eligibility Documents –

Class “A” Documents:

(i) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR. For the
procurement to be performed overseas, it shall be subject to
the Guidelines to be issued by the GPPB.

(ii) Statement of all its ongoing government and private contracts,

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

Statement of the Bidder’s SLCC similar to the contract to be

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

The two statements required shall indicate for each contract the
following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) kinds of Goods;

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

contract and value of outstanding contracts;

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

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

19
 (ii.8) date of delivery; and

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

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

(iii) NFCC computation in accordance with ITB Clause 5.5 or a

committed Line of Credit from a universal or commercial bank.

Class “B” Document:

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

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

(b) Technical Documents –

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

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

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

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

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

(ii) Conformity with technical specifications, as enumerated and

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

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

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

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

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

13. Documents Comprising the Bid: Financial Component

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

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

20
 (b) If the Bidder claims preference as a Domestic Bidder, a certification
from the DTI issued in accordance with ITB Clause 27, unless
otherwise provided in the BDS; and

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

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

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

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

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

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

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

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

prices and analyzing bid variances.

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

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

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

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

14. Alternative Bids

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

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

21
 and administrative penalties that may be imposed upon the persons and
entities concerned.

15. Bid Prices

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

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

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

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

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

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

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

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

to delivery of the Goods to their final destination; and

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

BDS.

(b) For Goods offered from abroad:

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

22
 (ii) The price of other (incidental) services, if any, listed in the
BDS.

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

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

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

16. Bid Currencies

16.1. Prices shall be quoted in the following currencies:

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

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

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

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

17. Bid Validity

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

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

18. Bid Security

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

Amount of Bid Security

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

For biddings conducted by LGUs, the

Cashier’s/Manager’s Check may be
issued by other banks certified by the
BSP as authorized to issue such
financial instrument.
(b) Bank draft/guarantee or irrevocable
letter of credit issued by a Universal
or Commercial Bank: Provided, Two percent (2%)
however, that it shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.

For biddings conducted by LGUs,

Bank Draft/Guarantee, or
Irrevocable Letter of Credit may be
issued by other banks certified by the
BSP as authorized to issue such
financial instrument.
(c) Surety bond callable upon demand
issued by a surety or insurance
company duly certified by the Five percent (5%)
Insurance Commission as authorized
to issue such security.

The Bid Securing Declaration mentioned above is an undertaking which

states, among others, that the Bidder shall enter into contract with the

24
 procuring entity and furnish the performance security required under ITB
Clause 33.2, within ten (10) calendar days from receipt of the Notice of
Award, and commits to pay the corresponding amount as fine, and be
suspended for a period of time from being qualified to participate in any
government procurement activity in the event it violates any of the conditions
stated therein as provided in the guidelines issued by the GPPB.

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

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

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

18.5. The bid security may be forfeited:

(a) if a Bidder:

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

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

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

submitted as stated in ITB Clause 29.2;

(iv) submission of eligibility requirements containing false

information or falsified documents;

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

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

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

25
 (vii) withdrawal of a bid, or refusal to accept an award, or enter into
contract with the Government without justifiable cause, after
the Bidder had been adjudged as having submitted the LCRB;

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

within the prescribed time;

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

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

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

outcome of the bidding in his favor;

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

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

(b) if the successful Bidder:

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

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

Clause 33.

19. Format and Signing of Bids

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

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

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

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

26
 19.5. Any interlineations, erasures, or overwriting shall be valid only if they are
signed or initialed by the duly authorized representative/s of the Bidder.

20. Sealing and Marking of Bids

20.1. Bidders shall enclose their original eligibility and technical documents
described in ITB Clause 12 in one sealed envelope marked “ORIGINAL -
TECHNICAL COMPONENT”, and the original of their financial component
in another sealed envelope marked “ORIGINAL - FINANCIAL
COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL
BID”. In case of electronic bid submission, in two (2) password protected
Bidding Documents in compressed archive folders pursuant to GPPB
Resolution No. 09-2020 and Section 25.1 of the 2016 IRR of RA 9184

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

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

20.4. All envelopes shall:

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

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

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

Clause 1.1;

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

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

20.5. Bid envelopes that are not properly sealed and marked, as required in the
bidding documents, shall not be rejected, but the Bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The
BAC or the Procuring Entity shall assume no responsibility for the
misplacement of the contents of the improperly sealed or marked bid, or for its
premature opening. In case of electronic bid submission, Bidding Documents
not in compressed archive folders and are not password protected, shall be
rejected. However, bid envelopes that are not properly sealed and marked or
not properly compressed and password-protected, as required in the Bidding
Documents, shall be accepted, provided that the bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The

27
 BAC shall assume no responsibility for the misplacement of the contents of the
improperly sealed or marked bid, or improperly compressed or password-
protected folder, or for its premature opening. (GPPB Resolution No. 09-2020
and Section 25.9 of the 2016 IRR of RA 9184)

D. Submission and Opening of Bids

21. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or before
the date and time indicated in the BDS. In case the deadline for Submission of Bids
falls on a non-working day duly declared by the President, Governor or Mayor
or other government official authorized to make such declaration, the deadline
shall be the next working day.

22. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by
the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall
not be accepted by the Procuring Entity. The BAC shall record in the minutes of bid
submission and opening, the Bidder’s name, its representative and the time the late
bid was submitted. Or in case of online or electronic bid submission, generate a Bid
receipt page for the official time of late submission which can be saved or printed by
the bidder. (GPPB Resolution No. 09-2020 and Section 25.6 of the 2016 IRR of RA
9184)

23. Modification and Withdrawal of Bids

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

23.2. For online or electronic bid submission, where a bidder modifies its Bid, it
shall not be allowed to retrieve its original Bid, but shall only be allowed to
send another Bid equally secured and properly identified. In the case of
electronic submission, to be labelled as a “modification,” of the one
previously submitted. The time indicated in the latest Bid receipt page
generated shall be the official time of submission. Bids submitted after the
deadline shall not be accepted. (GPPB Resolution No. 09-2020 and Section 26
of the 2016 IRR of RA 9184)

23.3. 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

28
 prescribed for submission and receipt of bids. The Letter of Withdrawal must
be executed by the duly authorized representative of the Bidder identified in
the Omnibus Sworn Statement, a copy of which should be attached to the
letter.

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

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

24. Opening and Preliminary Examination of Bids

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

24.2. For electronic bid submission, the passwords for accessing the Bidding
Documents will be disclosed by the Bidders only during the actual bid opening
which may be done in person or face-to-face through videoconferencing,
webcasting or similar technology. (GPPB Resolution No. 09-2020 and Section
29 of the 2016 IRR of RA 9184)

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

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

compliance with the requirements in the first envelope, the BAC shall
forthwith open the second bid envelope of each remaining eligible bidder
whose first bid envelope was rated “passed”. The second envelope of each
complying bidder shall be opened within the same day. In case one or more of
the requirements in the second envelope of a particular bid is missing,

29
 incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC
shall rate the bid concerned as “failed”. Only bids that are determined to
contain all the bid requirements for both components shall be rated “passed”
and shall immediately be considered for evaluation and comparison.

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

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

24.7. In the case of an eligible foreign bidder as described in ITB Clause 5, the
following Class “A” Documents may be substituted with the appropriate
equivalent documents, if any, issued by the country of the foreign Bidder
concerned, which shall likewise be uploaded and maintained in the PhilGEPS
in accordance with Section 8.5.2 of the IRR:

(a) Registration certificate from the Securities and Exchange Commission

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

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

principal place of business of the bidder is located; and

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

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

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

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

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

30
 24.11. To ensure transparency and accurate representation of the bid submission, the
BAC Secretariat shall notify in writing all bidders whose bids it has received
through its PhilGEPS-registered physical address or official e-mail address.
The notice shall be issued within seven (7) calendar days from the date of the
bid opening.

E. Evaluation and Comparison of Bids

25. Process to be Confidential

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

25.2. Any effort by a bidder to influence the Procuring Entity in the Procuring
Entity’s decision in respect of bid evaluation, bid comparison or contract
award will result in the rejection of the Bidder’s bid.

26. Clarification of Bids

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

27. Domestic Preference

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

(a) The preference shall be applied when the lowest Foreign Bid is lower
than the lowest bid offered by a Domestic Bidder.

(b) For evaluation purposes, the lowest Foreign Bid shall be increased by
fifteen percent (15%).

(c) In the event that the lowest bid offered by a Domestic Bidder does not
exceed the lowest Foreign Bid as increased, then the Procuring Entity
shall award the contract to the Domestic Bidder at the amount of the
lowest Foreign Bid.

(d) If the Domestic Bidder refuses to accept the award of contract at the
amount of the Foreign Bid within two (2) calendar days from receipt of
written advice from the BAC, the Procuring Entity shall award to the
bidder offering the Foreign Bid, subject to post-qualification and

31
 submission of all the documentary requirements under these Bidding
Documents.

27.2. A Bidder may be granted preference as a Domestic Bidder subject to the

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

28. Detailed Evaluation and Comparison of Bids

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

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

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

establish the correct calculated prices of the bids; and

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

28.3. The Procuring Entity’s BAC shall immediately conduct a detailed evaluation
of all bids rated “passed,” using non-discretionary pass/fail criteria. The BAC
shall consider the following in the evaluation of bids:

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

(b) Arithmetical corrections. Consider computational errors and omissions

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

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

32
 errors, discounts and other modifications, which exceed the ABC shall not be
considered, unless otherwise indicated in the BDS.

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

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

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

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

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

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

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

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

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

29.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes
all the criteria for post-qualification, it shall declare the said bid as the LCRB,

33
 and recommend to the HoPE the award of contract to the said Bidder at its
submitted price or its calculated bid price, whichever is lower.

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

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

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

30. Reservation Clause

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

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

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

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

34
 (b) If the Procuring Entity’s BAC is found to have failed in following the
prescribed bidding procedures; or

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

(i) If the physical and economic conditions have significantly

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

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

HoPE; and

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

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

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

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

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

30.4. Without prejudice to Sec. 35.1 hereof, the BAC is authorized, upon
consultation with the end-user unit, to cancel or terminate the conduct of
procurement activities, for any justifiable reason, such as but not limited to:

(a) the physical and economic conditions have significantly changed so as

to render the project no longer economically, financially, or technically
feasible, as determined by the end-user unit;

(b) the project is no longer necessary as determined by the end-user unit;

(c) the source of funds for the project has been withheld or reduced
through no fault of the PE; or

(d) brought about by the declaration of a State of Calamity, or

implementation of community quarantine or similar restrictions.

(GPPB Resolution No. 09-2020 and Section 29 of the 2016 IRR of RA 9184)

F. Award of Contract

31. Contract Award

35
 31.1. Subject to ITB Clause 29, the HoPE or its duly authorized representative shall
award the contract to the Bidder whose bid has been determined to be the
LCRB.

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

31.3. Notwithstanding the issuance of the Notice of Award, award of contract shall
be subject to the following conditions:

(a) Submission of valid JVA, if applicable, within ten (10) calendar days
from receipt of the Notice of Award;

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

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

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

of the IRR of RA 9184.

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

32. Signing of the Contract

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

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

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

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

(a) Contract Agreement;

(b) Bidding Documents;

(c) Winning bidder’s bid, including the Technical and Financial Proposals,
and all other documents/statements submitted (e.g., bidder’s response

36
 to request for clarifications on the bid), including corrections to the
bid, if any, resulting from the Procuring Entity’s bid evaluation;

(d) Performance Security;

(e) Notice of Award of Contract; and

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

33. Performance Security

33.1. To guarantee the faithful performance by the winning Bidder of its obligations
under the contract, it shall post a performance security within a maximum
period of ten (10) calendar days from the receipt of the Notice of Award from
the Procuring Entity and in no case later than the signing of the contract. In
consideration of the limited access to financial institutions, regulatory and
other offices, as well as the implementation of government restrictions on
transport and travel, ALLOW PEs to accept Performance Securing
Declaration (PSD) in lieu of a performance security to guarantee the winning
bidder’s faithful performance of obligations under the contract, for
procurement activities during a State of Calamity, or implementation of
community quarantine or similar restrictions declared or being implemented
either in the locality of the PE or of the Bidder, subject to the following:

(a) Similar to the PSD used in Framework Agreement, such declaration

shall state, among others, that the winning bidder shall be blacklisted
from being qualified to participate in any government procurement
activity for one (1) year, in case of first offense or two (2) years, if
with prior similar offense, in the event it violates any of the conditions
stated in the contract. A copy of the PSD form is attached hereto in
Section VIII. Bidding Forms;

(b) An unnotarized PSD may be accepted, subject to submission of a

notarized PSD before payment, unless the same is replaced with a
performance security in the prescribed form, as stated below; and

(c) The end-user may require the winning bidder to replace the submitted
PSD with a performance security in any of the prescribed forms under
Section 39.2 of the 2016 revised IRR of RA No. 9184 upon lifting of
the State of Calamity, or community quarantine or similar restrictions,
as the case may be.

(GPPB Resolution No. 09-2020)

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

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

37
 Amount of Performance Security
Form of Performance Security (Not less than the Percentage of the
Total Contract Price)
(a) Cash or cashier’s/manager’s
check issued by a Universal or
Commercial Bank.

For biddings conducted by the

LGUs, the Cashier’s/Manager’s
Check may be issued by other
banks certified by the BSP as
authorized to issue such
financial instrument.
(b) Bank draft/guarantee or
irrevocable letter of credit issued
by a Universal or Commercial Five percent (5%)
Bank: Provided, however, that it
shall be confirmed or
authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.

For biddings conducted by the

LGUs, the Bank Draft/
Guarantee or Irrevocable Letter
of Credit may be issued by other
banks certified by the BSP as
authorized to issue such
financial instrument.
(c) Surety bond callable upon
demand issued by a surety or
insurance company duly
Thirty percent (30%)
certified by the Insurance
Commission as authorized to
issue such security.

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

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

34. Notice to Proceed

Within seven (7) calendar days from the date of approval of the contract by the
appropriate government approving authority, the Procuring Entity shall issue the

38
 Notice to Proceed (NTP) together with a copy or copies of the approved contract to
the successful Bidder. All notices called for by the terms of the contract shall be
effective only at the time of receipt thereof by the successful Bidder.

35. Protest Mechanism

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

39
Section III. Bid Data Sheet

40
 Bid Data Sheet
ITB Clause

1.1 The Procuring Entity is Department of Health.

1.2 The name of the Contract is Supply, Delivery, Testing and Commissioning
of Brand New Mobile Dental Vehicle

The identification number of the Contract is IB No. 2020-144.

The lot(s) and reference is/are:

SUPPLY, DELIVERY, TESTING AND COMMISSIONING OF BRAND

NEW MOBILE DENTAL VEHICLE
IB NO. 2020-144
2 The Funding Source is:

The Government of the Philippines (GOP) through the Continuing

Appropriations of 2019 in the amount of One Hundred Seven Million Eight
Hundred Thousand Philippine Pesos (PhP107,800,000.00).

The name of the Project is: Supply, Delivery, Testing and Commissioning of
Brand New Mobile Dental Vehicle.

3.1 No further instructions.

5.1 No further instructions.

5.2 (b) None of the circumstances mentioned in the ITB Clause exists in this
Project. Foreign bidders, except those falling under ITB Clause 5.2 (b),
stated below may not participate in this Project:

The bidder claiming eligibility by reason of their country’s extension of

reciprocal rights to Filipinos shall submit a certification from the
relevant government office of their country stating that Filipinos are
allowed to participate in their government procurement for the same
item/product.
5.4 The Bidder should comply with the following requirements:

a. Completed at least two (2) similar contracts, the aggregate amount

of which should be equivalent to at least fifty percent (50%) of the
ABC for this Project; and

b. The largest of these similar contracts must be equivalent to at least

half of the percentage of the ABC as required above.

For this purpose, similar contracts shall refer to supply and delivery of
various vehicles including medical equipment

41
7 No further instructions.

8.1 “Subcontracting is not allowed.”

8.2 “Not applicable”.

9.1 Due to the General Community Quarantine and in promoting Social

Distancing, the Central Office Bids and Awards Committee (COBAC)-C
will hold a Pre-Bid Conference through video conference which shall be
open to prospective bidders on 16 June 2020; 10:00 A.M.

10.1 The Procuring Entity’s address is:

COBAC Conference Room,

G/F, Bldg. 6
Department of Health
San Lazaro Compound, Rizal Avenue
Sta. Cruz, Manila

COBAC Secretariat
8651-7800 local 1624; 1625, 1626, 1627;1629

12.1(a) The Bidder shall submit the following Eligibility and Technical
Documents arranged, numbered and tabbed as enumerated below.

(a) Eligibility Documents –

Class “A” Documents:

1) Registration certificate from the Securities and Exchange

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

2) Mayor’s/Business permit issued by the city or municipality

where the principal place of business of the prospective bidder
is located, or the equivalent document for Exclusive Economic
Zones or Areas (2016 Revised IRR of RA9184) together with
corresponding copy of receipt of payments of the said permit;

In consideration of the limited access to financial institutions,

regulatory and other offices, as well as the implementation of
government restrictions on transport and travel, Acceptability of
the recently expired Mayor’s or Business permits and the
Official Receipt as proof that the Bidder has applied and paid
for the renewal of the permit ; Provided that, the current and
valid Mayor’s or Business Permit as renewed, will be submitted
by the bidder with the LCRB after the award of contract but
before payment (GPPB Circular 09-2020

3) Tax clearance per Executive Order No. 398, Series of 2005

42
 issued by BIR main office Accounts Receivable Monitoring
Division (ARMD), as finally reviewed and approved by the BIR
pursuant to RR 01-2016 of BIR;

NOTE: In case of a foreign JV Partner either Delinquency

Verification Certification to Non-Resident Foreign Corporations
(NRFC) or Non-Resident Aliens Not Engaged in Trade or
Business (NRANETB), the Tax Clearance form required under
BIR RR 3-2005, the CED of the BIR issues NRFC / NRANETB
attesting to the fact that the taxpayer has no outstanding Final
Assessment Notice and/or delinquent account or may be
substituted by the appropriate equivalent documents, if any,
issued by the country of the foreign bidder concerned.

4) Audited financial statements, showing among others, the Total

and Current Assets and Liabilities, 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 the date of bid
submission;

NOTE:

a) Bidders may still submit the Class “A” Eligibility

Documents required to be uploaded and maintained current
and updated in the PhilGEPS pursuant to Section 8.5.2 of
the 2016 Revised IRR; or

b) If already registered in the PhilGEPS under Platinum

category, the Certificate of Registration and Membership in
lieu of the uploaded file of Class “A” Eligibility Documents;
or

c) A combination thereof in case any of the earlier uploaded

Class “A” Eligibility Documents has been expired.

In the event the bidder opted to submit only the Class “A”
Eligibility Documents, the Certificate of PhilGEPS
Registration (Platinum Membership) shall remain a post-
qualification requirement to be submitted in accordance
with Section 34.2 of the 2016 Revised IRR of RA 9184
(Pursuant to GPPB Circular 07-2017 DATED 31 July 2017)

5) Statement of ALL its ongoing government and private

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

Statement of the Bidder’s at least two (2) or more completed

contracts similar to the contract to be bid, in accordance with
ITB Clause 5.4, within two (2) years from the Submission and

43
 Opening of Bids, the aggregate amount should be equivalent to
at least 50% of the ABC.

The two (2) statements required shall indicate for each contract
the following using the prescribed COBAC Standard Form
Nos. 1 and 2, as provided in Section VIII. Bidding Forms:

a) Name of contract;

b) Date of the contract;

c) Contract duration;

d) Owner’s name and address;

e) Kinds of Goods;

f) For Statement of Ongoing Contracts - amount of contract

and value of outstanding contracts;

g) For Statement of SLCC - amount of completed contracts,

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

h) Date of delivery; and

i) End-user’s acceptance or official receipt or sales invoice for
the contract, if completed, which shall be attached to the
statements.

Note: Failure to include an immaterial ongoing contract or

failure to disclose complete information in the statement of
contracts shall result in the following (GPPB Resolution No.
29-2012 dated 23 November 2012):

(a) Disqualification of the bidder for non-compliance with

the eligibility requirement under Section 23.1 of the
revised IRR.

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

IRR.

6) The Bidder must submit a computation of its Net Financial

Contracting Capacity (NFCC), which must be at least equal to
the ABC to be bid, calculated as follows using the prescribed
COBAC Standard Form No. 3 as provided for in Section
VIII. Bidding Forms:

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

the value of all outstanding or uncompleted portions of the
projects under ongoing contracts, including awarded contracts

44
 yet to be started, coinciding with the contract to be bid.

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

liabilities shall be based on the latest Audited Financial
Statements submitted to the BIR.

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

NOTE:

a) In case of a Joint Venture Agreement (JVA), the entity using

its Audited Financial Statement (AFS) shall submit a
statement of its on-going contracts including contracts
awarded and not yet started, if any, Provided that, its on-
going contracts shall be reflected in the computation of
NFCC. Provided further, that the Current Assets and Current
Liabilities of foreign bidders shall be based on their AFS
accomplished in compliance with International Financial
Reporting Standards (Circular 02-2014 dated 20 June 2014
pursuant to GPPB Resolution 14-2014 dated 20 June 2014).

Class “B” Document:

7) If applicable, valid Joint Venture Agreement (JVA) in case of

the joint venture is already in existence. In the absence of a
JVA, duly notarized statements from all the potential joint
venture partners should be included in the bid, stating that they
will enter into and abide by the provisions of the JVA in the
instance that the bid is successful. Failure to enter into a Joint
Venture in the event of a contract award shall be ground for
the forfeiture of the bid security (2016 Revised IRR of
RA9184).

NOTE:
Based on ITB Clause 24.6, in case of a JVA, each partner of
the joint venture shall submit the following:

1) SEC/DTI or appropriate equivalents documents, if any,

issued by the country of the foreign bidder concerned;

2) Mayor’s/Business permit issued by the city or municipality

where the principal place of business of the prospective
bidder is located, or the equivalent document for Exclusive
Economic Zones or Areas together with corresponding

45
 copy of receipt of payments of the said permit;

In consideration of the limited access to financial

institutions, regulatory and other offices, as well as the
implementation of government restrictions on transport and
travel, Acceptability of the recently expired Mayor’s or
Business permits and the Official Receipt as proof that the
Bidder has applied and paid for the renewal of the permit ;
Provided that, the current and valid Mayor’s or Business
Permit as renewed, will be submitted by the bidder with the
LCRB after the award of contract but before payment
(GPPB Circular 09-2020)

3) Tax clearance per Executive Order No. 398, Series of 2005

issued by BIR main office Accounts Receivable Monitoring
Division (ARMD), as finally reviewed and approved by the
BIR pursuant to RR 01-2016 of BIR or Delinquency
Verification Certification to Non-Resident Foreign
Corporations (NRFC) or Non-Resident Aliens Not Engaged
in Trade or Business (NRANETB), (GPPB NPM 045-2013,
dated 07 June 2013); and

4) Audited financial statements, showing among others, the

Total and Current Assets and Liabilities, 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 the date of bid submission.

NOTE: For required technical and financial documents,

submission of by any of the joint venture partners
constitutes compliance: Provided, That the partner
responsible to submit the NFCC shall likewise submit the
Statement of all of its ongoing contracts and Audited
Financial Statements.

NOTE:

a) Bidders may still submit the Class “A” Eligibility

Documents required to be uploaded and maintained
current and updated in the PhilGEPS pursuant to
Section 8.5.2 of the 2016 Revised IRR; or

b) If already registered in the PhilGEPS under Platinum

category, the Certificate of Registration and
Membership in lieu of the uploaded file of Class “A”
Eligibility Documents; or

c) A combination thereof in case any of the earlier

uploaded Class “A” Eligibility Documents has been

46
 expired.

In the event the bidder opted to submit only the Class “A”
Eligibility Documents, the Certificate of PhilGEPS
Registration (Platinum Membership) shall remain a post-
qualification requirement to be submitted in accordance
with Section 34.2 of the 2016 Revised IRR of RA 9184
(Pursuant to GPPB Circular 07-2017 dated 31 July 2017)

(b) Technical Documents –

8) Bid Security in accordance with ITB Clause 18. The bidders

shall submit a Bid Securing Declaration (BSD) or any form of
Bid Security, in an amount not less than the required percentage
of the ABC in accordance with the following schedule (2016
Revised IRR of RA9184):

Amount of Bid Security

Form of Bid Security (Not less than the required
percentage of the ABC)
(a) Cash, 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
Two percent (2%)
or Commercial Bank: Provided,
however, that it shall be confirmed
or authenticated by a Universal or
Commercial Bank, if issued by a
foreign bank.
(c) Surety bond callable upon demand
issued by a surety or insurance
company duly certified by the Five percent (5%)
Insurance Commission as
authorized to issue such security.
(d) Bid Securing Declaration No percentage required
NOTE: The grounds on which the Bid Security may be forfeited
as stated in the ITB Clause 18.5 shall be indicated if the bidder
submitted letter (b) and (c) above.

9) Duly signed Production/delivery schedule using the form as

provided for in Section VI. Schedule of Requirements;

10) Duly accomplished and signed Technical Specifications using

the form as provided for in Section VII. Technical
Specifications of the Bidding Documents;

NOTE: The supplier shall indicate the page(s) where the

specific technical data or each technical specification can be
found and attached these documents referred to with this

47
 form.

11) The Omnibus Sworn Statement executed by the Bidder or its

duly authorized representative using the prescribed form in
Section VIII. Bidding Forms; and

12) Duly notarized authority of the signatory based on the above

using the COBAC’s Standard Form provided in Section
VIII. Bidding Forms):

a) Secretary’s Certificate (i.e. Corporation; Joint Venture

Agreement); or

b) Special Power of Attorney (i.e Sole Proprietorship;

Partnership).

12.1(a)(ii) The bidder’s SLCC similar to the contract to be bid should have been
completed within 2 years prior to the deadline for the submission and
receipt of bids.
12.1(b)(iii) Notarization of this document shall comply with the 2004 Rules on Notarial
Practice which limits competent evidence of identity to the following:

(i) identification documents issued by an official agency bearing the

photograph and signature of the individual i.e. passport, driver’s
license, SSS ID, GSIS e-card, etc.,

or

(ii) the oath of affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known to the
notary public and who personally knows the individual and shows to
the notary public documentary identification.

Note: Acceptability of Unnotarized Bid Securing Declaration, Omnibus

Sworn Statement, and Authority of the Signatory subject to compliance
therewith after award of contract but before payment, for procurement
activities during a State of Calamity, or implementation of community
quarantine or similar restrictions declared or being implemented either in
the locality of the PE or of the Bidder. (GPPB Resolution 09-2020)
13.1 The Bidder shall submit the following Financial Proposal documents
arranged, numbered and tabbed as enumerated below:

(a) Duly accomplished and signed Bid Form;

(b) Duly accomplished and signed Price Schedule based on ITB 15.

NOTE: Please refer to the GPPB prescribed form as provided for in

Section VIII. Bidding Forms.

48
13.1(b) No further instructions.

13.2 The ABC is One Hundred Seven Million Eight Hundred Thousand
Philippine Pesos (PhP107,800,000.00). Any bid with a financial component
exceeding this amount shall not be accepted.

Item Description Qty Unit Total ABC

No. (PhP)
Supply, Delivery, Testing and
1 Commissioning of Brand New 22 unit 107,800,000.00
Mobile Dental Vehicle

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

15.4(b)(i) Not applicable.

15.4(b)(ii) No incidental services are required.

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

16.3 Not applicable.

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

18.1 The bid security shall be in the form of a Bid Securing Declaration, or any
of the following forms and amounts:

1. The amount of not less than 2% of ABC, if bid security is in cash,

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

2. The amount of not less than 5% of ABC if bid security is in Surety

Bond.

3. Bid Securing Declaration shall not have monetary cost.

18.2 The bid security shall be valid until One Hundred Twenty (120) days from
the submission and opening of bids.

20.3 Each Bidder shall submit one (1) original and two (2) copies of the first and
second components of its bid: 1st copy- marked as ‘ORIGINAL’; 2nd copy-
marked as ‘COPY 1’; 3rd copy- marked as ‘COPY 2’.

21 Due to the General Community Quarantine and in promoting Social

Distancing, Bid opening shall be on 30 June 2020, 9:00 AM. and will be
conducted through video conference. Bids will be opened in the presence of
the bidders’ representatives by joining the video conference. Interested
bidders may contact the COBAC-C Secretariat at this electronic mail (e-
mail) address, [email protected], for details. Late bids shall
not be accepted.

49
 Bidders may submit their bid proposal on or before 30 June 2020, 9:00
AM. to the COBAC-C Secretariat through any of the following options:

1. In printed copy to be submitted at the G/F, Bldg. 6, Department

of Health, San Lazaro Compound; or

2. In electronic copy via e-mail to

[email protected] provided that it complies with
the following conditions:

a) It should be in a clear .PDF/.IMG/.JPG/.TIFF/.GIF/.PNG

format, and shall be in two (2) password protected Bidding
Documents in compressed archive folders pursuant to
GPPB Resolution No. 09-2020 and Section 25.1 of the 2016
IRR of RA 9184;

b) The documentary requirements are arranged accordingly

based on the Eligibility Checklist using the standard file
name indicated therein.

c) A generated bid receipt page or email acknowledgement

indicating the time of submission must be secured and
printed as a reference;

d) For electronic bid submission, the passwords for accessing

the Bidding Documents will be disclosed by the Bidders only
during the actual bid opening which may be done in person
or face-to-face through videoconferencing, webcasting or
similar technology. (GPPB Resolution No. 09-2020 and
Section 29 of the 2016 IRR of RA 9184).

24.1 For submission of printed copy of bid proposal, 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 COBAC in accordance with ITB Clause;
(d) Bear the specific identification of this bidding process indicated in the
ITB Clause; and
(e) Bear a warning “DO NOT OPEN BEFORE…” the date and time for
the opening of bids, in accordance with ITB Clause.
TO : THE COBAC – C
FROM : ________________________________
(Name of Bidder in Capital Letters)
ADDRESS : ________________________________
(Address of Bidder in Capital Letters)

PROJECT : SUPPLY, DELIVERY, TESTING AND

50
 COMMISSIONING OF BRAND NEW
MOBILE DENTAL VEHICLE
BID REF NO: IB No. 2020-144
ITEM NO : (IF ANY)
(In Capital Letters, Indicate the Phase):
“DO NOT OPEN BEFORE 30 June 2020; 9:00 A.M.”
24.2 No further instructions.

24.3 No further instructions.

27.1 No further instructions.

28.3 (a) Grouping and Evaluation

Item to be evaluated and compared with other Bids separately and

recommended for contract award separately.

28.3 (b) Arithmetical Corrections during the Evaluation of Bid:

As a rule, bid modification is allowed only when there is a need to

clarify the validity of arithmetical computation between the unit cost
and the total amount in the item being bid.
28.4 No further instructions.

29.2 The LCB shall submit three (3) sets of true copies of the original certified
as such by the bidder or his duly authorized signatory within a non-
extendible period of five (5) calendar days from receipt of the notification.

(a) Latest Annual Tax Return filed thru Electronic Filing and Payment
Systems (EFPS) and must be duly validated with the tax payments
made thereon for the preceding Tax Year be it on a calendar or fiscal
year income (per Revenue Regulations 3-2005);

(b) Latest Business Tax Return filed thru Electronic Filing and Payment
System (EFPS) duly validated with the tax payments made thereon also
refers to the Value Added Tax (VAT) or Percentage Tax Returns
covering the previous six (6) months (per Revenue Regulations 3-
2005);

The latest income and business tax returns are those within the last six
months preceding the date of bid submission

(c) Articles of Incorporation and General Information Sheet (GIS), in case

the Bidder has submitted a SEC registration as part of the Eligibility
Documents, if applicable;

(d) Valid and current Certificate of PhilGEPS Registration and

Membership – Platinum (In the event the bidder opted to submit only
the Class “A” Eligibility Documents (Pursuant to GPPB Circular 07-

51
 2017 dated 31 July 2017);

Failure of the Bidder declared as LCB to duly submit the requirements

stated above or a finding against the veracity of such shall be ground
for forfeiture of the bid security and disqualify the Bidder for award.

NOTE:

1) In case of a JVA, each joint venture partners shall submit the

above-cited Post-qualification Documentary Requirements (GPPB
NPM 006-2010 dated 04 February 2010).

2) As the possible Lowest Calculated Responsive Bidder (LCRB), please

provide the COBAC –C, soft copy in “Word” and in PDF the Technical
Specifications you submitted during the Submission and Opening of
Bids for the above-cited procurement project.

3) All submitted documents during the Submission and Opening of

Bids (original and the two (2) copies) by the LCB must be true
copies of the original certified as such by the Bidder’s duly
authorized signatory

32.4(f) “No additional requirement.”

33.2 The Performance Security shall be denominated in Philippine Pesos and

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

Amount of Performance
Security
Form of Performance Security (Not less than the
required percentage of
the Total Contract Price)
(a) Cash, 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 Bank: Provided, however, Five percent (5%)
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 Insurance Thirty percent (30%)
Commission as authorized to issue such
security.

In consideration of the limited access to financial institutions, regulatory

and other offices, as well as the implementation of government restrictions

52
on transport and travel, bidders are allowed to submit Performance
Securing Declaration (PSD) in lieu of a performance security to guarantee
the winning bidder’s faithful performance of obligations under the
contract, for procurement activities during a State of Calamity, or
implementation of community quarantine or similar restrictions declared
or being implemented either in the locality of the PE or of the Bidder,
subject to the following using the prescribed form in Section VIII.
Bidding Forms:

(a) Similar to the PSD used in Framework Agreement, such

declaration shall state, among others, that the winning bidder
shall be blacklisted from being qualified to participate in any
government procurement activity for one (1) year, in case of
first offense or two (2) years, if with prior similar offense, in
the event it violates any of the conditions stated in the contract.
A copy of the PSD form is attached hereto in Section VIII.
Bidding Forms;

(b) An unnotarized PSD may be accepted, subject to submission

of a notarized PSD before payment, unless the same is
replaced with a performance security in the prescribed form, as
stated above; and

(c) The end-user may require the winning bidder to replace the
submitted PSD with a performance security in any of the
prescribed forms under Section 39.2 of the 2016 revised IRR
of RA No. 9184 upon lifting of the State of Calamity, or
community quarantine or similar restrictions, as the case may
be. (GPPB Resolution No. 09-2020)

The Performance Security shall be valid until the issuance of the

Certificate of Inspection and Acceptance Report by the Department of
Health (DOH) which must form part of the terms and conditions of the
Bank draft/guarantee, irrevocable letter of credit issued by a Universal or
Commercial Bank or Surety bond callable upon demand issued by a surety
or insurance company duly certified by the Insurance Commission as
authorized to issue such security when opted to be used by the bidder.
Otherwise, the award of contract shall be cancelled without prejudice of the
institution of blacklisting proceeding or other administrative cases, civil or
criminal cases with the forfeiture of the bid security.

53
Section IV. General Conditions of Contract

54
 TABLE OF CONTENTS
1. DEFINITIONS .............................................................................................. 56
2. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE
PRACTICES ................................................................................................. 57
3. INSPECTION AND AUDIT BY THE FUNDING SOURCE ................................. 58
4. GOVERNING LAW AND LANGUAGE ........................................................... 58
5. NOTICES ..................................................................................................... 58
6. SCOPE OF CONTRACT ................................................................................ 59
7. SUBCONTRACTING ..................................................................................... 59
8. PROCURING ENTITY’S RESPONSIBILITIES ................................................ 59
9. PRICES ....................................................................................................... 59
10. PAYMENT ................................................................................................... 60
11. ADVANCE PAYMENT AND TERMS OF PAYMENT ....................................... 60
12. TAXES AND DUTIES .................................................................................... 61
13. PERFORMANCE SECURITY ........................................................................ 61
14. USE OF CONTRACT DOCUMENTS AND INFORMATION .............................. 62
15. STANDARDS ................................................................................................ 62
16. INSPECTION AND TESTS ............................................................................. 62
17. WARRANTY ................................................................................................ 63
18. DELAYS IN THE SUPPLIER’S PERFORMANCE ............................................ 64
19. LIQUIDATED DAMAGES ............................................................................. 64
20. SETTLEMENT OF DISPUTES ....................................................................... 64
21. LIABILITY OF THE SUPPLIER ..................................................................... 65
22. FORCE MAJEURE ....................................................................................... 65
23. TERMINATION FOR DEFAULT.................................................................... 66
24. TERMINATION FOR INSOLVENCY .............................................................. 66
25. TERMINATION FOR CONVENIENCE ........................................................... 66
26. TERMINATION FOR UNLAWFUL ACTS ...................................................... 67
27. PROCEDURES FOR TERMINATION OF CONTRACTS ................................... 67
28. ASSIGNMENT OF RIGHTS ........................................................................... 69
29. CONTRACT AMENDMENT .......................................................................... 69
30. APPLICATION ............................................................................................. 69

55
1. Definitions
1.1. In this Contract, the following terms shall be interpreted as indicated:

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

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

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

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

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

Section.

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

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

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

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

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

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

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

(l) “Day” means calendar day.

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

56
 (n) “Verified Report” refers to the report submitted by the Implementing
Unit to the HoPE setting forth its findings as to the existence of
grounds or causes for termination and explicitly stating its
recommendation for the issuance of a Notice to Terminate.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

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

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

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

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

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

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

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

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

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

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

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to an administrative
proceedings or investigation or making false statements
to investigators in order to materially impede an

57
 administrative proceedings or investigation of the
Procuring Entity or any foreign government/foreign or
international financing institution into allegations of a
corrupt, fraudulent, coercive or collusive practice;
and/or threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of matters
relevant to the administrative proceedings or
investigation or from pursuing such proceedings or
investigation; or

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

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

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

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

3. Inspection and Audit by the Funding Source

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

4. Governing Law and Language

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

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

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

58
 SCC, which shall be effective when delivered and duly received or on the
notice’s effective date, whichever is later.

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

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

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

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

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

8. Procuring Entity’s Responsibilities

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

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

9. Prices
9.1. For the given scope of work in this Contract as awarded, all bid prices are
considered fixed prices, and therefore not subject to price escalation during
contract implementation, except under extraordinary circumstances and upon

59
 prior approval of the GPPB in accordance with Section 61 of R.A. 9184 and
its IRR or except as provided in this Clause.

9.2. Prices charged by the Supplier for Goods delivered and/or services performed
under this Contract shall not vary from the prices quoted by the Supplier in its
bid, with the exception of any change in price resulting from a Change Order
issued in accordance with GCC Clause 29.

10. Payment
10.1. Payments shall be made only upon a certification by the HoPE to the effect
that the Goods have been rendered or delivered in accordance with the terms
of this Contract and have been duly inspected and accepted. Except with the
prior approval of the President no payment shall be made for services not yet
rendered or for supplies and materials not yet delivered under this Contract.
At least one percent (1%) but shall not to exceed five percent (5%) of the
amount of each payment shall be retained by the Procuring Entity to cover
Supplier’s warranty obligations under this Contract as described in GCC
Clause 17.

10.2. The Supplier’s request(s) for payment shall be made to the Procuring Entity in
writing, accompanied by an invoice describing, as appropriate, the Goods
delivered and/or Services performed, and by documents submitted pursuant to
the SCC provision for GCC Clause 6.2, and upon fulfillment of other
obligations stipulated in this Contract.

10.3. Pursuant to GCC Clause 10.2, payments shall be made promptly by the
Procuring Entity, but in no case later than sixty (60) days after submission of
an invoice or claim by the Supplier. Payments shall be in accordance with the
schedule stated in the SCC.

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

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

11. Advance Payment and Terms of Payment

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

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

60
 11.3. For Goods supplied from abroad, unless otherwise indicated in the SCC, the
terms of payment shall be as follows:

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

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

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

paid to the Supplier within sixty (60) days after the date of receipt of
the Goods and upon submission of the documents (i) through (vi)
specified in the SCC provision on Delivery and Documents.

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

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

12. Taxes and Duties

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

13. Performance Security

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

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

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

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

61
 (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.

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

14. Use of Contract Documents and Information

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

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

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

16. Inspection and Tests

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

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

62
 to the Procuring Entity. The Supplier shall provide the Procuring Entity with
results of such inspections and tests.

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

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

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

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

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

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

Supplier, a warranty shall be required from the Supplier for a minimum period
specified in the SCC. The obligation for the warranty shall be covered by, at
the Supplier’s option, either retention money in an amount equivalent to at
least one percent (1%) but not to exceed five percent (5%) of every progress
payment, or a special bank guarantee equivalent to at least one percent (1%)
but not to exceed five percent (5%) of the total Contract Price or other such
amount if so specified in the SCC. The said amounts shall only be released
after the lapse of the warranty period specified in the SCC; provided,
however, that the Supplies delivered are free from patent and latent defects
and all the conditions imposed under this Contract have been fully met.

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

63
 17.5. If the Supplier, having been notified, fails to remedy the defect(s) within the
period specified in GCC Clause 17.4, the Procuring Entity may proceed to
take such remedial action as may be necessary, at the Supplier’s risk and
expense and without prejudice to any other rights which the Procuring Entity
may have against the Supplier under the Contract and under the applicable
law.

18. Delays in the Supplier’s Performance

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

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

18.3. Except as provided under GCC Clause 22, a delay by the Supplier in the
performance of its obligations shall render the Supplier liable to the imposition
of liquidated damages pursuant to GCC Clause 19, unless an extension of
time is agreed upon pursuant to GCC Clause 29 without the application of
liquidated damages.

19. Liquidated Damages

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

20. Settlement of Disputes

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

20.2. If after thirty (30) days, the parties have failed to resolve their dispute or
difference by such mutual consultation, then either the Procuring Entity or the

64
 Supplier may give notice to the other party of its intention to commence
arbitration, as hereinafter provided, as to the matter in dispute, and no
arbitration in respect of this matter may be commenced unless such notice is
given.

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

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

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

20.5. Notwithstanding any reference to arbitration herein, the parties shall continue
to perform their respective obligations under the Contract unless they
otherwise agree; and the Procuring Entity shall pay the Supplier any monies
due the Supplier.

21. Liability of the Supplier

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

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

22. Force Majeure

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

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

22.3. If a force majeure situation arises, the Supplier shall promptly notify the
Procuring Entity in writing of such condition and the cause thereof. Unless
otherwise directed by the Procuring Entity in writing, the Supplier shall

65
 continue to perform its obligations under the Contract as far as is reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the force majeure.

23. Termination for Default

23.1. The Procuring Entity may rescind or terminate a contract for default,
without prejudice to other courses of action and remedies under the
circumstances when, outside of force majeure, the Supplier fails to deliver or
perform any or all of the Goods within the period(s) specified in the contract,
or within any extension thereof granted by the Procuring Entity pursuant to a
request made by the Supplier prior to the delay, and such failure amounts to at
least ten percent (10%) of the contact price.

23.2. The Procuring Entity may terminate the contract when, 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.

23.3. The Procuring Entity may terminate the contract when, the Supplier fails
to perform any other obligation under the Contract.

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

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

24. Termination for Insolvency

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

25. Termination for Convenience

25.1. The Procuring Entity may terminate this Contract, in whole or in part, at any
time for its convenience. The HoPE may terminate a contract for the
convenience of the Government if he has determined the existence of

66
 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.

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

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

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

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

26. Termination for Unlawful Acts

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

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

3.1(a);

(b) Drawing up or using forged documents;

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

production contrary to rules of science or the trade; and

(d) Any other act analogous to the foregoing.

27. Procedures for Termination of Contracts

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

(a) Upon receipt of a written report of acts or causes which may constitute
ground(s) for termination as aforementioned, or upon its own initiative,
the Implementing Unit shall, within a period of seven (7) calendar

67
 days, verify the existence of such ground(s) and cause the execution of
a Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the Implementing Unit, the HoPE shall

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

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

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

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

Contract should not be terminated; and

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

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

Verified Report;

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

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

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

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

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

(h) The Supplier must serve a written notice to the Procuring Entity of its
intention to terminate the contract at least thirty (30) calendar days
before its intended termination. The Contract is deemed terminated if it

68
 is not resumed in thirty (30) calendar days after the receipt of such
notice by the Procuring Entity.

28. Assignment of Rights

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

29. Contract Amendment

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

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

69
Section V. Special Conditions of Contract

70
 Special Conditions of Contract
GCC Clause
1.1(g) The Procuring Entity is Department of Health (DOH).
1.1(i) The Supplier is [to be inserted at the time of contract award].

1.1(j) The Funding Source is the Government of the Philippines (GOP)

through the Continuing Appropriations of 2019 in the amount of

1.1(k) The Project sites are defined in Section VI. Schedule of

Requirements.
2.1 No further instructions.
5.1 The Procuring Entity’s address for Notices are:

DR. LEONITA P. GORGOLON

Director IV
Health Facilities Enhancement Program
Bldg. 4, DOH, San Lazaro Compound, Sta. Cruz, Manila
Tel No.8-651-7800 loc. 1453-1456
Email Address: [email protected]

ENGR. MARI JEMMA C. QUINTO

Engineer IV
Health Facilities Enhancement Program
Bldg. 4, DOH, San Lazaro Compound, Sta. Cruz, Manila
Tel No.8-651-7800 loc. 1453-1456
Email Address: [email protected]

The Supplier’s address for Notices is: [Insert address including,

name of contact, fax and telephone number]

71
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 Chamber of Commerce, Paris. The Delivery terms of
this Contract shall be as follows:

For Goods Supplied from Abroad, state “The delivery terms

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

For Goods Supplied from Within the Philippines, state “The

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

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

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

For Goods supplied from within the Philippines:

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

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

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

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For Goods supplied from abroad:

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

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

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

Incidental Services –

The Supplier is required to provide all of the following services,

including additional services, if any, specified in Section VI.
Schedule of Requirements:

Select appropriate requirements and delete the rest.

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

start-up of the supplied Goods;
(b) furnishing of tools required for assembly and/or
maintenance of the supplied Goods;
(c) furnishing of a detailed operations and maintenance manual

73
 for each appropriate unit of the supplied Goods;
(d) performance or supervision or maintenance and/or repair of
the supplied Goods, for a period of time agreed by the
parties, provided that this service shall not relieve the
Supplier of any warranty obligations under this Contract;
and
(e) training of the Procuring Entity’s personnel, at the
Supplier’s plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the supplied
Goods.

The Contract price for the Goods shall include the prices charged
by the Supplier for incidental services and shall not exceed the
prevailing rates charged to other parties by the Supplier for similar
services.

Spare Parts –

The Supplier is required to provide all of the following materials,

notifications, and information pertaining to spare parts
manufactured or distributed by the Supplier:

Select appropriate requirements and delete the rest.

(a) such spare parts as the Procuring Entity may elect to

purchase from the Supplier, provided that this election shall
not relieve the Supplier of any warranty obligations under
this Contract; and
(b) in the event of termination of production of the spare parts:

i. advance notification to the Procuring Entity of the

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

The spare parts required are listed in Section VI. Schedule of

Requirements and the cost thereof are included in the Contract
Price

The Supplier shall carry sufficient inventories to assure ex-stock

supply of consumable spares for the Goods for a period of [insert
here the time period specified. If not used insert time period of
three times the warranty period].

Other spare parts and components shall be supplied as promptly as

74
possible, but in any case within [insert appropriate time period]
months of placing the order.

Packaging –

The Supplier shall provide such packaging of the Goods as is

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

The packaging, marking, and documentation within and outside

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

The outer packaging must be clearly marked on at least four (4)

sides as follows:
Name of the Procuring Entity
Name of the Supplier
Contract Description
Final Destination
Gross weight
Any special lifting instructions
Any special handling instructions
Any relevant HAZCHEM classifications

A packaging list identifying the contents and quantities of the

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

Insurance –

The Goods supplied under this Contract shall be fully insured by

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

75
 Transportation –

Where the Supplier is required under Contract to deliver the Goods

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

Where the Supplier is required under this Contract to transport the

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

Where the Supplier is required under Contract to deliver the Goods

CIF, CIP or DDP, Goods are to be transported on carriers of
Philippine registry. In the event that no carrier of Philippine
registry is available, Goods may be shipped by a carrier which is
not of Philippine registry provided that the Supplier obtains and
presents to the Procuring Entity certification to this effect from the
nearest Philippine consulate to the port of dispatch. In the event
that carriers of Philippine registry are available but their schedule
delays the Supplier in its performance of this Contract the period
from when the Goods were first ready for shipment and the actual
date of shipment the period of delay will be considered force
majeure in accordance with GCC Clause 22.

The Procuring Entity accepts no liability for the damage of Goods

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

Patent Rights –

The Supplier shall indemnify the Procuring Entity against all

third-party claims of infringement of patent, trademark, or
industrial design rights arising from use of the Goods or any part
thereof.
10.2 Based on the General Provisions of the GAA of 2020, Section 60:
Cash Budgeting System, all appropriations shall be made available
for release and disbursement for the purpose specified and under
the same general and special provisions applicable until December
31, 2020. The appropriation for infrastructure capital outlays shall
be valid for obligation until December 31, 2020 while completion
of the construction, inspection and payment shall be made not later

76
 than December 31, 2021. Appropriation for MOOE and other
capital outlay items shall be likewise be valid for obligation until
December 31, 2020 while the delivery, inspection and payment or
disbursement shall be made not later than June 30, 2021.

Thus, all Supplier/Contractor/Consultant’s procurement contracts

must be awarded and obligated by end December 31, 2020 while
delivery inspection, acceptance and payment for goods and
consulting services shall be completed and paid by June 30, 2021
while infrastructure projects by December 31, 2021. Therefore,
request(s) for payment with complete documents shall be made in
writing not later than (NLT) than the dates indicated above
accompanied by an invoice describing, as appropriate, the Goods
delivered and/or Services performed or Works done, with the
documents submitted pursuant to the SCC provision for GCC
Clause 6.2, and upon fulfillment of other obligations stipulated in
the conditions for the procurement and in the Contract.
10.3 For staggered delivery: Terms of Payment/billing shall be made
for each completed delivery and acceptance upon presentation of
signed Invoices Receipt and submission of relevant documents as
stipulated in the contract.
10.4 Not applicable.
10.5 Payment using LC is not allowed.
13.3 The performance security shall remain valid until issuance by the
Procuring Entity of the Certificate of Final Acceptance.
13.4(c) “No further instructions”.
16.1 The inspections and tests that will be conducted are:

1) Upon delivery, the Goods shall undergo preliminary physical

inspection by the Inspection Team of the PROCURING
ENTITY to ascertain the physical condition and acceptability
of the units. All equipment, instruments, accessories and
peripherals shall be functioning and shall have no physical
damage.

2) The supplier shall promptly replace the equivalent quantity of

Goods taken as samples without cost to the PROCURING
ENTITY.

3) Failure to comply within the prescribed time shall compel the

SCMS to have the subject commodities pulled out by the third
party logistics service provider of the DOH with the hauling
and freight fees chargeable against the concerned
supplier/company. In observance of the above-mentioned
timeline, coordinate with the SCMS of the DOH.

77
17.3 Warranty:

For the dental instruments, vehicle parts and services:

Five (5) years after acceptance by the Procuring Entity of the
delivered Goods or after the Goods are consumed, whichever is
earlier.

For the parts and services of dental units and accessories,

electric high speed hand piece, electric low speed hand piece,
autoclave, air-conditioning unit, generator set and manual
transfer switch:
Two (2) years after acceptance by the Procuring Entity of the
delivered Goods or after the Goods are consumed, whichever is
earlier.

17.4 The period for correction of defects in the warranty period is

seven (7) calendar days.
21.1 “No additional provision.”

or

If the Supplier is a joint venture, “All partners to the joint venture

shall be jointly and severally liable to the Procuring Entity.”

78
 Section VI. Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the date of
delivery to the project site.

Item Description Quantity Total Delivery Site Delivered,

Number ABC Calendar Days
1 Supply, Delivery, 22 units 107,800,000.00 DOH, San The delivery of mobile
Testing and Lazaro dental vehicles must be
Commissioning of Compound, Sta. completed within One
Brand New Mobile Cruz, Manila Hundred Twenty (120)
Dental Vehicle or calendar days upon
DOH– receipt of approved
Philippine Notice to Proceed (NTP).
Blood Center,
Lung Center 1st Tranche –
Compound At least six (6) units
Quezon Avenue, Sixty (60) calendar days
Quezon City upon receipt of approved
NTP

2nd Tranche –
At least six (6) units
Ninety (90) calendar
days upon receipt of
approved NTP

3rd Tranche –
At least ten (10) units
One Hundred Twenty
(120) calendar days upon
receipt of approved NTP.

Note: A prototype
sample for the
acceptance shall be
presented by the supplier
before the first batch of
units are delivered. The
prototype must be
presented within 30
calendar days upon
receipt of the approved
NTP.
______________________
Signature over Printed Name
[date of signing]

In the capacity of: [title or other appropriate designation]

Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

79
Section VII. Technical Specifications

80
 Technical Specifications
Item Specification Statement of Compliance

Bidders must state here either “Comply”

or “Not Comply” against each of the
individual parameters of each
Specification stating the corresponding
performance parameter of the equipment
offered. Statements of “Comply” or “Not
Comply” must be supported by evidence
in a Bidders Bid and cross-referenced to
that evidence. Evidence shall be in the
form of manufacturer’s un-amended sales
literature, unconditional statements of
specification and compliance issued by the
manufacturer, samples, independent test
data etc., as appropriate. A statement that
is not supported by evidence or is
subsequently found to be contradicted by
the evidence presented will render the Bid
under evaluation liable for rejection. A
statement either in the Bidders statement
of compliance or the supporting evidence
that is found to be false either during Bid
evaluation, post-qualification or the
execution of the Contract may be regarded
as fraudulent and render the Bidder or
supplier liable for prosecution subject to
the provisions of ITB Clause 3.1(a)(ii)
and/or GCC Clause 2.1(a)(ii).

81
 Technical Specifications
Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
I. Technical specifications:
The Mobile Dental Vehicle shall contain the
following equipment and peripherals:
a. Dental Unit - 2 sets
b. Air compressor - 1 piece
c. Ultrasonic scaler - 2 pieces
d. Dental instruments - 2 sets
e. Instrument cabinet - 1 piece
f. Autoclave sterilizer - 1 piece
g. Clean water tank - 1 piece
h. Waste water tank -1 piece
i. Lavatory with faucet - 1 piece
j. Room air-conditioning unit -1 piece
k. Electric generator- 1 piece
l. Manual transfer switch - 1 piece

A. Vehicle Specifications and Requirements

1. Vehicle type: Minibus type, front-engine,

step side entrance vehicle
2. Minimum vehicle exterior dimensions:
Length:7500 mm, Width: 2000 mm,
Height: 2600 mm
3. Vehicle body: All metal
4. Vehicle entrance: Pneumatic door at the
right side of the vehicle
5. Engine size/displacement: at least 3.5
liters
6. Engine type: 4 cylinders, in-line type, 16
valve, Double Over Head Cam (DOH),
turbo-charged and with intercooler

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 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
7. Fuel-injector system: Direct injection
8. Emission Compliance: Euro 4
9. Fuel supply: Diesel
10. Fuel tank capacity: at least 80 liters
11. Drive type: Rear wheel drive
12. Transmission: Manual with at least 5
speed +1 Reverse
13. Steering: Left hand drive with power-
steering system
14. Brakes: Hydraulic Drum type on the
front and rear, with Anti-lock braking
system. With parking brake
15. Front and rear suspensions: Semi-
elliptic leaf spring with double acting
shock absorbers
16. Front wheels and tires: at least sixteen
(16) inch steel wheels with at least
seven (7) inch width radial type tires
17. Rear wheels and tires: Dual fitment
steel wheels at least sixteen (16) inches
size with at least seven (7) inch width
radial type tires
18. Standard vehicle lamps: Head lamps,
tail lamps, stop lamps, signal lamps,
license plate lamps, fog lamps and step
lamps
19. Windshield Wipers: With at least two
(2) speed intermittent with washer
20. Driver and passenger side mirrors: At
least 8 x 15 inches mirror head with top

83
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
flat mirror and bottom convex mirror,
manual or power adjustment
21. Vehicle body color: (please refer to
Annex A: DOH prescribed vehicle
color)
22. DOH logo and prescribed markings
painted on the body of the vehicle:
(please refer to the Annex B)
23. Floor Material: Metal with anti-static
floor matting. The steps at the entrance
of the vehicle must be fitted with a
diamond tread plate flooring.
24. Standard dashboard instrumentations:
a. Speedometer,
b. odometer,
c. fuel gauge,
d. digital clock,
e. warning lamps for low oil pressure,
f. cooling water level,
g. overheating,
h. low battery charge,
i. indicator lamps for parking brake
and head light high-beam,
j. engine check
k. door open.

25. Dashboard Camera:

a. Resolution of at least
1920x1080@30fps
b. angle of view at least 120 degrees
diagonal,
c. at least 2 inch LED display,
d. minimum storage capacity of 64Gb,
e. with loop recording,
f. automatic on/off and night vision

84
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
recording in low light.
g. The camera must be permanently
installed on the dashboard or
windshield.
h. The power supply must be from the
vehicle battery.

26. Standard driver’s cabin accessories:

a. AM/FM radio with speakers,
b. USB connector,
c. front personal lamp for driver and
passenger,
d. rear view mirror, sun visor and
assist grips for the driver and
passenger.
27. Vehicle glass widows: The vehicle
glass windows (except the
windshield) must be installed with
medium shade (35% Visible Light
Transmitted) glass tint.
28. Air conditioning system: Dual type
with ACU vents around the vehicle
29. Seat belts: 3 point Emergency
Locking Retractor (ELR) seatbelts for
the driver and front passenger.
30. Airbags: Supplemental Restraint
System (SRS) airbags for the driver
and for the front passenger.
31. Vehicle interior trim: Moulded trim.
The ceiling must be provided with
insulation.
32. Set of tools:

85
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
a) hydraulic jack,
b) tire wrench,
c) flat and Philips screw drivers,
d) set of pliers,
e) adjustable wrench,
f) early warning device
g) spare wheel and tire

33. The vehicle must be installed with the

following:
a) Refillable clean water tank (at least
80 liters capacity and with at least
20 meters, 0.5 inch diameter water
hose) and piping system to provide
water to the Dental Units, clean
water faucet and autoclave.
b) Waste water tank at least 50 liters
capacity with quick release drain
hose at least 20 meters length.
c) Lavatory made of stainless steel
with water faucet connected to
clean water tank and with drainage
system connected to the waste
water tank. The water supply pipes
and drainage pipes must be covered
with a cabinet built stainless steel
or PVC or ABS material.
d) Instrument cabinet:
i. Made of stainless steel or ABS
material,
ii. Width: at least 400 mm,
iii. Length: at least 500mm,
iv. Height: at least 650mm,
v. with at least three (3) lockable
drawers
vi. The cabinet must be properly

86
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
mounted on the vehicle floor.

e) Divider curtains between the two

Dental Units
f) Passenger bench:
i. 3-seater bench made of stainless
steel frame
ii. With mattress made of
polyurethane foam covered with
washable leatherette material.
iii. The bench must be fitted with
stainless steel hand rails on both
sides
iv. With a 2-point seatbelt for each
passenger.

g) At least three LED ceiling lamps

h) Air compressor:
i.at least 1 horsepower,
ii.silent-type,
iii.220V, 60Hz.
iv. The compressor must be
properly mounted on the vehicle
floor
v. It must be properly covered with
metal sheet/screen to prevent the
moving parts from causing
accidents/injuries.

i) Room air-conditioning unit (ACU):

i. 1 Hp,
ii. split type,
iii. inverter technology,
iv. 220V, 60Hz.
v. The ACU must be properly
mounted in the vehicle.

87
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00

j) Electric generator:
i. at least 10KVA,
ii. 220V, 60Hz,
iii. 1phase,
iv. inverter technology,
v. silent type,
vi. electric start.
vii. The generator must be
properly mounted on the
vehicle floor
viii. it must be properly covered
with metal sheet/screen to
prevent the moving parts from
causing accidents/injuries.

k) Manual transfer switch:

i. (at least 50 ampere, 220 V)
ii. installed between the
generator set and outside
power source.
iii. The connection for the outside
power source must be a
retractable extension cord, 3.5
sq. mm stranded copper wire
duplex with grounding wire, at
least 10 meters length, with
heavy duty electrical plug.

l) Appropriate electrical wirings,

switches and circuit breakers for the
supply of electrical power from the
generator set/outside power source
to the dental units, room air-
conditioning unit, air compressor,
autoclave, ceiling lamps and at least
four (4) 220V convenience outlets
placed around the vehicles.

88
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
m) Fastening systems made of metal to
prevent the Dental Unit telescopic
arms, dentist’s stool and autoclave
from swinging while the vehicle is
moving.
n) Fire extinguisher:
i. (rating 2A10BC),
ii. at least two (2),
iii. with holder mounted on the
vehicle wall.

o) Digital clock with at least 4 inch

display mounted on the vehicle wall
p) Sharp and garbage container at least
3 liter capacity and made of PVC or
ABS plastic material mounted on the
vehicle floor.
q) At least 4 emergency break glass
hammers mounted on the vehicle
walls/window pillars
B. Dental Unit Specifications
1. Patient Chair
a. The patient chair shall be capable of
withstanding a patient weight of at
least 135 kg.
b. The covering upholstery materials
shall be resistant to liquid absorption
and the upholstery and padding shall
be flame resistant.
c. The chair must have an articulating
headrest, left and right armrests.
d. The vertical (up and down)
movement of the base of the chair

89
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
and the forward and back positioning
of the back rest must be motorized
and must be controlled by hand in
the control module or by a foot
switch. The chair must also
incorporate a back rest safety stop
(Automatic safety stop or safety
switch in the back rest).
e. The chair must be fitted with a
cuspidor made of porcelain or
stainless steel and a water faucet.
2. Dentist’s Module

The dentist’s module must be fitted on a

telescopic arm and must have the
following components:

a. Connection for a 3-way syringe

b. At least one connection for a high
speed air turbine (up to 400,000
rpm) hand piece
c. Connection for a low speed air
turbine (up to 40,000 rpm) hand
piece
d. Connection for high speed electric
hand piece
e. Connection for low speed electric
hand piece
f. Instrument tray holder
g. Control module for the up and down
position of the base of the chair and
the forward and back position of the
back rest.
h. Control switches for the

90
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
cuspidor/spittoon flush, water faucet,
water supply and air supply of the
hand pieces.

3. Assistant’s module

The assistant’s module must be fitted

on a telescopic arm and must have
the following components:

a. 3-way syringe connector

b. Control module for the up and
down position of the base of the
chair and the forward and back
position.
c. Tray holder table
d. Saliva suction ejector
4. Hand Pieces Specifications
a. Three (3) way syringe
i. The hand piece body, head
and tip must be made of
stainless or aluminum steel
ii. Push button controls for
water, air and mist
iii. Detachable head and nozzle
tip
iv. Quick disconnect swivel
coupling
v. Autoclavable
b. High speed air turbine hand piece
i. The hand piece body must be

91
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
made of stainless or
aluminum steel
ii. With water spray
iii. Quick disconnect swivel
coupling
iv. Detachable tip
v. Autoclavable
c. Low speed air turbine hand piece
i. The hand piece body must be
made of stainless or
aluminum steel
ii. With water spray
iii. Quick disconnect swivel
coupling
iv. Detachable tip
v. Autoclavable
d. Electric high speed hand piece
i. Motor speed range: 200,000
– 400,000 rpm
ii. Brushless motor
iii. With speed and torque
control
iv. With auto reverse function
v. With LCD/LED display
vi. The hand piece body must be
made of stainless steel
vii. The quick disconnect swivel

92
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
coupling
viii. 220V, 60Hz
e. Electric high speed hand piece
i. Motor speed range: 20,000 –
50,000 rpm
ii. Brushless motor
iii. With speed and torque
control
iv. With auto reverse function
v. With LCD/LED display
vi. The hand piece body must be
made of stainless steel
vii. The quick disconnect swivel
coupling
viii. 220V, 60Hz
5. Dental lamp

The lamp must be fitted on a telescopic

arm and must be LED white light with a
minimum intensity of 45,000 lux.

6. Power Supply: Power Supply: 220V, 60Hz

7. Other requirements
a. The Dental Unit must be fitted with
piping connections to the clean water
tank, waste water tank and air
compressor.
b. The Dental Unit must have a sanitation
system for the tubing of the 3-way hand
pieces, saliva ejector, high and low

93
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
speed air turbine hand pieces.
c. Accessories: Dentist stool

C. Autoclave
1. Capacity: at least 20 liters
2. Chamber and door material: Stainless steel
3. Temperature Range: 124 – 134 °C
4. Automatic operation and microprocessor
controlled
5. Gauge/Indicator for Pressure and
Temperature
6. Timer for sterilization and dry process
7. Safety Features:
a. Over pressure safety valve and overheat
shut off
b. Low water cut off
c. Emergency button / exhaust valve
d. Door safety lock
8. Power Supply: 220V, 60Hz
9. Visual and Audible Alarm for:
a. Power failure
b. Low water
c. Door not closed
d. Over pressure and/or over temperature
e. Sterilization cycle failure

94
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
f. End of sterilization cycle
10. Accessories:
a. Stainless steel trays
b. One (1) pair of tong
c. One (1) pair of heat resistant gloves

D. Ultrasonic Scaler
1. Piezoelectric scaler
2. With detachable hand piece with LED
light and4tips. The hand piece must be
autoclavable
3. Adjustable scaler power
4. Adjustable water flow rate
5. 220 V, 60Hz
6. Accessories:
a. Tool for changing the tips
b. Hose for water supply
c. Extra hand piece with 4 tips

E. Dental Instruments

The dental instruments must be made of

surgical grade stainless steel and shall have a
warranty of five (5) years. The dental
instruments to be supplied are the following:

1. One (1) extraction forceps #16 with cross

serrations
2. One (1) extraction forceps #17 with cross
serrations

95
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
3. One (1) extraction forceps # 18 Left
4. One (1) extraction forceps #18 Right
5. One (1) extraction forceps #44 with cross
serrations
6. One (1) extraction forceps #69 with cross
serrations
7. One (1) pedo extraction forceps #69 with
cross serrations
8. One (1) extraction forceps #150 with cross
serrations
9. One (1) extraction forceps #151 with cross
serrations
10. One (1) elevator, straight
11. One (1) elevator, left
12. One (1) elevator, right
13. Two (2) self-aspirating dental syringe
14. Ten (10) gum separator, double-ended
15. Two (2) scalpel #3
16. Two (2) needle holder
17. Two (2) surgical scissor, straight
18. Two (2) cement spatula
19. Twenty-five (25) explorer, double-ended
20. Twenty-five (25) mouth mirror with handle
#4
21. Twenty-five (25) self-locking cotton pliers

96
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
II. Additional Requirements to be attached with this form arranged, numbered and tabbed
as enumerated below:
1. Valid and current License to Operate (LTO) as Medical Device Importer/ Wholesaler
issued by Philippine Food and Drugs Administration (PFDA). Provided that in case of
expired LTO, the application for renewal was made timely as per PFDA Circular No. 2011-
004.

In case of expired LTO, the following copies may be submitted:

(i) expired LTO;
(ii) application for renewal; and
(iii) Official Receipt as proof of payment of renewal of LTO
2. Product brochure(s) or technical data sheet(s) in Hard and Soft copies showing the technical
specifications of the following in English language:

a) Mobile Dental Vehicle

b) Dental Unit
c) 3 way syringe
d) High speed air turbine hand piece
e) Low speed air turbine hand piece
f) Electric high speed hand piece
g) Electric low speed hand piece
h) Ultrasonic scaler
i) Autoclave sterilizer
j) Dental instruments
k) Air compressor
l) Room air-conditioning unit
m) Electric generator
n) Manual transfer switch
3. Valid and current Certificate of Compliance with ISO 13485: Quality Management System
–Requirements for regulatory purposes in the name of the Dental Unit manufacturer.
The Certificate must be issued by an independent Certifying Body/Agency;
4. Valid and current Test Report(s) on the following Standards for the brand and model of the
Dental Unit. The Test Reports must be issued by independent Testing Laboratories:
a) ISO 7494-1:2011, Dental units — Part 1: General requirements and test methods
b) ISO 7494-2 Dentistry — Dental units — Part 2: Air, water, suction and wastewater
systems
c) ISO 9168:2009 Hose connectors for air driven dental hand pieces

97
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
d) IEC 80601-2-60, Medical electrical equipment — Part 2-60: Particular requirements
for basic safety and essential performance of dental equipment
e) ISO 6875 Dentistry — Patient chair

5. Valid Marketing Authorization, Registration Approval or Free Sale Certificate for the
Dental Unit issued by the Health Authority in the country of origin.
6. The bidder shall submit any of the following whichever is applicable:
a) If the bidder is the manufacturer, certify that the bidder manufactures the
products/items; or
b) If the bidder is an Exclusive/ Authorized Distributor or Dealer of the products/items,
Certificate or Contract from the manufacturer must be provided as proof that the
bidder is an Exclusive / Authorized Distributor or Dealer of the vehicle; or
c) If the bidder is an agent of the exclusive distributor or dealer the following must be
provided:
i. Certificate or Distributorship/Dealership Agreement by the Manufacturer
with the distributor or dealer; and
ii. Contract between the distributor/dealer and the bidder.
7. Proof (such as sales invoice) that the Brand of the Dental Unit has been sold to other health
facilities in the Philippines.
8. List and address of the Dental Unit Manufacturer’s branch office, sales office and/or
distributor’s office in any of the following:
a) Western Europe;
b) USA or Canada and;
c) Japan
9. Notarized Certificate from the bidder:
a) That the brand of the dental units has been in the local and/or international market
for at least ten (10) years.
b) That Dental Units and accessories, autoclaves, air compressors, air-conditioning
units and generator sets are brand new, unused, not discontinued models and were
not subjected to any product recall.
10. Notarized Certificate from the manufacturer or local dealer of the vehicle:
a) That the manufacturer has been manufacturing diesel engines and mini buses for

98
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
the past twenty five (25) years
b) That the vehicles are brand new, unused, not discontinued models and were not
subjected to any product recall.
11. Sworn Statement using the prescribed form in Section VIII. Bidding Forms.
III. Additional Requirement to be submitted by the Lowest/Single Calculated Bidder
(L/SCB) as part of post qualification:

1. Site inspection in the bidder’s facility to verify/validate the capability and capacity of the
bidder to fabricate the Mobile Dental Vehicles. The inspection shall be conducted by the
TWG-Technical members. This requirement is not applicable if the facility is located outside
the Philippines.
D. Upon delivery the following shall be complied with:

1. The supplier shall provide orientation/training on the use and maintenance of the vehicle,
dental units and accessories, electric high speed hand piece, electric low speed hand piece,
autoclave, air compressor, air-conditioning unit, generator set and manual transfer switch to
the end-users, (dentists, drivers and maintenance staff) at a schedule to be agreed upon by
DOH and the winning bidder.

2. The supplier shall submit the following to the end user/recipient of the dental vehicle:
a) Operator’s Manual in English language for the vehicle, dental units and
accessories, electric high speed hand piece, electric low speed hand piece,
autoclave, air-conditioning unit, generator set and manual transfer switch.

b) Warranty Certificate of five (5) years on parts and services for the vehicle. The
manufacturer/dealer shall either repair or replace any item or part in the vehicle
that is found to be defective in material or in workmanship under normal use.
The warranty period shall commence from the date of acceptance by the end-user
after testing and commissioning. The warranty certificate shall include the
following:

b.1. That the warranty for the vehicle shall not be affected in case a change
of dealer occurs.
b.2. That if the vehicle is unable to return to the service center during the
warranty period, the manufacturer/dealer shall provide mechanics
and/or technicians that can perform on-site service and maintenance,
provided that the end user will shoulder the travel expenses.

3. Warranty Certificate of five (5) years for the dental instruments and two (2) years on parts

99
 Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Supply, Delivery, Testing and
Item No. 1 Commissioning of Brand New Qty./ Unit 22 units
Mobile Dental Vehicle
Name of Manufacturer: Country of Origin:
Brand: Model (if applicable):
Total ABC: PhP107,800,000.00
and services for dental units and accessories, electric high speed hand piece, electric low
speed hand piece, autoclave, airconditioning unit, generator set and manual transfer switch.
The supplier shall either repair or replace any item or part in the said equipment that is
found to be defective in material or in workmanship under normal use. The warranty period
shall commence from the date of acceptance by the end-user after testing and
commissioning. The warranty certificate shall include the following:
a) The bidder shall conduct the necessary corrective maintenance within fifteen (15)
calendar days upon notification of equipment breakdown from the end user.
b) The bidder shall have the primary responsibility and accountability to ensure that in
case of defects, the vehicle, equipment and/or peripherals are appropriately repaired
or replaced and shall be in good working condition

4. At least three (3) years validity of vehicle LTO registration with red plate;

5. Third Party Liability (TPL) vehicle insurance for one (1) year and comprehensive GSIS
vehicle insurance for one (1) year.

_______________________
Signature over Printed Name
[date of signing]

In the capacity of: [title or other appropriate designation]

Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

100
Section VIII. Bidding Forms

101
 TABLE OF CONTENTS

BID FORM......................................................................................................... 103

CONTRACT AGREEMENT FORM ...................................................................... 107
OMNIBUS SWORN STATEMENT ........................................................................ 109
BANK GUARANTEE FORM FOR ADVANCE PAYMENT ..................................... 112
SWORN STATEMENT................................................................................. 117

102
 Bid Form

Date:
Invitation to Bid1 No:

To: [name and address of Procuring Entity]

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers [insert
numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to
[supply/deliver/perform] [description of the Goods] in conformity with the said Bidding
Documents for the sum of [total Bid amount in words and figures] or such other sums as may
be ascertained in accordance with the Schedule of Prices attached herewith and made part of
this Bid.

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

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

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

We agree to abide by this Bid for the Bid Validity Period specified in BDS provision
for ITB Clause 17.1 and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

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

and to contract execution if we are awarded the contract, are listed below:2

Name and address Amount and Purpose of

of agent Currency Commission or gratuity

(if none, state “None”)

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

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

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

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

103
 We certify/confirm that we comply with the eligibility requirements as per ITB Clause
5 of the Bidding Documents.

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

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

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

Dated this ________________ day of ________________ 20______.

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

104
 For Goods Offered From Abroad

Name of Bidder . Invitation to Bid3 Number __. Page of

.

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

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

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

105
 For Goods Offered From Within the Philippines

Name of Bidder . Invitation to Bid4 Number . Page of .

1 2 3 4 5 6 7 8 9 10
Item Description Country Quantity Unit price EXW Transportation Sales and Cost of Total Price, Total Price
of origin per item and Insurance other taxes Incidental per unit delivered Final
and all other payable if Services, if (col 5+6+7+8) Destination
costs Contract is applicable, per (col 9) x (col 4)
incidental to awarded, per item
delivery, per item
item

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

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

106
 Contract Agreement Form

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

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

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

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

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

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

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

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

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

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

107
Signed, sealed, delivered by the (for the Entity)

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

108
 Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

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

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of

[Name of Bidder] with office address at [address of Bidder];

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

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

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor, or authorized

representative of [Name of Bidder], I have full power and authority to do, execute and
perform any and all acts necessary to participate, submit the bid, and to sign and
execute the ensuing contract for [Name of the Project] of the [Name of the Procuring
Entity], as shown in the attached duly notarized Special Power of Attorney;

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

and authority to do, execute and perform any and all acts necessary to participate,
submit the bid, and to sign and execute the ensuing contract for [Name of the Project]
of the [Name of the Procuring Entity], as shown in the attached [state title of attached
document showing proof of authorization (e.g., duly notarized Secretary’s Certificate,
Board/Partnership Resolution, or Special Power of Attorney, whichever is
applicable;)];

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

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

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

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

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

109
 6. Select one, delete the rest:

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

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

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

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

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

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

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

Bidder:

a) Carefully examine all of the Bidding Documents;

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

the Contract;

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

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

Project].

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to any person or official,
personnel or representative of the government in relation to any procurement project
or activity.

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

_____________________________________
Bidder’s Representative/Authorized Signatory

110
 SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place
of execution], Philippines. Affiant/s is/are personally known to me and was/were identified
by me through competent evidence of identity as defined in the 2004 Rules on Notarial
Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government
identification card used], with his/her photograph and signature appearing thereon, with no.
________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

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

NAME OF NOTARY PUBLIC

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

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

* This form will not apply for WB funded projects.

111
 Bank Guarantee Form for Advance Payment

To: [name and address of PROCURING ENTITY]

[name of Contract]

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract,
which amends Clause 10 of the General Conditions of Contract to provide for advance
payment, [name and address of Supplier] (hereinafter called the “Supplier”) shall deposit
with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful
performance under the said Clause of the Contract in an amount of [amount of guarantee in
figures and words].

We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally
and irrevocably to guarantee as primary obligator and not as surety merely, the payment to
the PROCURING ENTITY on its first demand without whatsoever right of objection on our
part and without its first claim to the Supplier, in the amount not exceeding [amount of
guarantee in figures and words].

We further agree that no change or addition to or other modification of the terms of the
Contract to be performed thereunder or of any of the Contract documents which may be made
between the PROCURING ENTITY and the Supplier, shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition, or
modification.

This guarantee shall remain valid and in full effect from the date of the advance payment
received by the Supplier under the Contract until [date].

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

112
 BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

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

BID SECURING DECLARATION

Invitation to Bid: [Insert Reference number]

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

I/We5, the undersigned, declare that:

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

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

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

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

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

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

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

(c) I am/we are declared the bidder with the Lowest Calculated
Responsive Bid, and I/we have furnished the performance security and
signed the Contract.

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

113
 IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED

REPRESENTATIVE]
[Insert Signatory’s Legal Capacity]
Affiant

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

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

NAME OF NOTARY PUBLIC

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

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

114
REPUBLIC OF THE PHILIPPINES )
CITY OF __________________ ) S.S.
x-------------------------------------------x

PERFORMANCE SECURING DECLARATION

Invitation to Bid: [Insert Reference Number indicated in the Bidding Documents]

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

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, to guarantee the faithful

performance by the supplier/distributor/manufacturer/contractor/consultant of its
obligations under the Contract, I/we shall submit a Performance Securing Declaration
within a maximum period of ten (10) calendar days from the receipt of the Notice of
Award prior to the signing of the Contract.

2. I/We accept that: I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of one (1) year if in case
it is my first offense, or two (2) years if I have a prior similar offense upon receipt of
your Blacklisting Order if I/we have violated my/our obligations under the Contract.

3. I/We understand that this Performance Securing Declaration shall cease to be valid
upon:

a. issuance by the Procuring Entity of the Certificate of Final Acceptance, subject to

the following conditions:
i. Procuring Entity has no claims filed against the contract awardee;
ii. It has no claims for labor and materials filed against the contractor; and
iii. Other terms of the contract; or b. replacement by the winning bidder of the
submitted PSD with a performance security in any of the prescribed forms under
Section 39.2 of the 2016 IRR of RA No. 9184 as required by the end-user.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED

REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of

execution], Philippines.

115
 [Select one of the two following paragraphs and delete the other]

Affiant/s is/are personally known to me and was/were identified by me through competent

evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).
Affiant/s exhibited to me his/her [insert type of government identification card used], with no.
___________issued on ______ at ______.

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

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___

Page No. ___
Book No. ___
Series of ____.

116
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.
x------------------------x

SWORN STATEMENT

I, [Name of Affiant], the Authorized Representative, of [Name of Company], with an

office address at [Address of the Company], after having been duly sworn in accordance with
law, do hereby depose and state that:

I, on behalf of our company, is participating in the Public Bidding of the Department of

Health (DOH) for the procurement of under IB No.
_______;

I, hereby pledge to observe and respect the Code of Conduct of the DOH such as but not
limited to the rule of “Conflict of Interest’ and “No Gift-Giving Policy”;

I, confirm that our company does not have any current engagement and/or partnership,
joint sponsorship or any other activity with the tobacco industry;

In the event that our company violated the afore-mentioned rules or found to have a
misrepresentation against this pledge, it shall be a ground for an automatic disqualification of
our bid without prejudice to the institution of an administrative, civil or criminal action;

That I am executing this affidavit to attest to the truthfulness of the foregoing and to
comply with the post-qualification requirement for the procurement of ________________
under IB No. _______.

In witness whereof, I have hereunto affixed my signature this ______ day of 20_____ at
the _________________.

_____________________________________
Affiant

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

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

117
 NAME OF NOTARY PUBLIC
Serial No. of Commission _______________
Notary Public for _______ until __________
Roll of Attorneys No. __________________
PTR No. ______ [date issued], [place issued]
IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____
Book No. _____
Series of _____

118
 NFCC
COBAC STANDARD FORM NO. 3

COMPUTATION OF NET FINANCIAL CONTRACTING CAPACITY

Summary of the Supplier’s/Distributor’s/Manufacturer’s assets and liabilities on the basis of

the income tax return and audited financial statement, stamped “RECEIVED” by the Bureau
of Internal Revenue or BIR authorized collecting agent, for the immediately preceding year.

Year 20___
1 Total Assets
2 Current Assets
3 Total Liabilities
4 Current Liabilities
5 Net Worth (1-3)
6 Net Working Capital

The Net Financial Contracting Capacity (NFCC) based on the above data is computed as
follows:

NFCC = [(Current Assets minus Current Liabilities) (15)] minus the value of all outstanding
or uncompleted portions of the projects under on-going contracts, including awarded
contracts yet to be started coinciding with the contract to be bid.

Where:

K = 15

NFCC = PhP__________

_______________________
Signature over Printed Name
[date of signing]

In the capacity of :[title or other appropriate designation]

Duly authorized to sign bid for and on behalf of :[Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

119
 MANUFACTURER’S CERTIFICATE
COBAC STANDARD FORM NO. 4

Manufacturer's Authorization

To: [name and address of Procurement Agent]

We [complete name of Manufacturer], who are official manufacturers of [type of

goods manufactured], having factories at [full address of Manufacturer’s factories], do
hereby authorize [complete name of Bidder] to submit a bid the purpose of which is to
provide the following Goods, manufactured by us [name and or brief description of the
Goods], and to subsequently negotiate and sign the Contract with the DEPARTMENT OF
HEALTH.

We hereby extend our full guarantee and warranty in accordance with Clause 17 of
the General Conditions of Contract, with respect to the Goods offered by the above firm.

_______________________
Signature over Printed Name
[date of signing]

In the capacity of :[title or other appropriate designation]

Duly authorized to sign bid for and on behalf of :[Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]

Note: This letter of authority should be on the letterhead of the Manufacturer.

120
 AUTHORITY OF SIGNATORY
COBAC STANDARD FORM NO. 5

REPUBLIC OF THE PHILIPPINES )

CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

SECRETARY’S CERTIFICATE

I, _________________________, a duly elected and qualified Corporate Secretary of

____________________________, a corporation duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with principal office and place of
business at [complete office address], DO HEREBY CERTIFY, that:

I am familiar with the facts herein certified and duly authorized to certify the same;

At the Regular/Special meeting of the Board of Directors of the said Corporation duly
convened and held on [dd mm yy] at which meeting a quorum was present and acted
throughout, the following resolution was unanimously approved, and the same have not been
annulled, revoked and amended in any way whatever and are in full force and effect on the
date hereof:

(Resolution No.___________)

RESOLVED, that ________________________be, as it hereby is, authorized to

participate in the bidding of the [Name of the Project and reference number] by the
DEPARTMENT OF HEALTH (DOH); and that if awarded the project shall enter into a
contract with the DOH; and in connection therewith hereby appoint
_______________________, acting as duly authorized and designated representatives of
__________________, are granted full power and authority to do, execute and perform any
and all acts necessary and/or to represent ______________________ in the bidding as fully
and effectively as the _________________________________ might do if personally present
with full power of substitution and revocation and hereby satisfying and confirming all that
my said representative shall lawfully do or cause to be done by virtue hereof;

IN WITNESS WHEREOF, I/We have hereunto set my/our hands this ____ day of
[month] [year] at [place of execution].

____________________________
[Corporate Secretary]

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place

of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by

121
me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice
(A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government
identification card used], with his/her photograph and signature appearing thereon, with no.
______ and his/her Community Tax Certificate No. _______ issued on ______ at ______.

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

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___

Page No. ___
Book No. ___
Series of ____.

122
 AUTHORITY OF SIGNATORY
COBAC STANDARD FORM NO. 6

REPUBLIC OF THE PHILIPPINES )

CITY OF _______________________ ) S.S.
x-------------------------------------------------------x

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS that the undersigned [name], [title] of [name
of Company], is lawfully authorized to represent and act on behalf of the [name of company],
a company registered under the laws of the Republic of the Philippines with its registered
office at [complete office address], do hereby APPOINT, NAME and CONSTITUTE,
[name], [title] of [name of company] as my true and lawful attorney-in-fact to act for and in
my name and stead, to do, execute and perform any and all acts necessary and/or represent in
the bidding and perform the following acts:

1. To participate and submit a bid to the DEPARTMENT OF HEALTH for the

Procurement of [Name of Project and reference number].
2. To make, sign, execute, deliver and receive contracts, agreements and any and all
documents pertinent thereto, as may be necessary to carry into effect the foregoing
authority and to bind myself with the DOH.

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and
authority to do and perform any and every act and thing whatsoever requisite or necessary or
proper to be done in and about the premises as fully to all intents and purposes as I might or
could lawfully do if personally present, with power of substitution and revocation, and hereby
ratifying and confirming all that my said attorney-in-fact shall lawfully do or cause to done
under and by virtue of these presents.

IN WITNESS WHEREOF, I/We have hereunto set my/our hands this ____ day of
[month] [year] at [place of execution].

___________________________
_
[Principal]
____________________________
[Legal Representative/s]

Attorney-in-Fact SIGNED IN THE PRESENCE OF

___________________________ ___________________________

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place

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

123
 Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___

Page No. ___
Book No. ___
Series of ____.

124
 Statement / List of all Ongoing Government and Private Contracts including
contracts awarded but not yet started (IF ANY)

Business Name : ________________________________

Business Address : ________________________________

a. Owner’s Bidder’s Role a. Date

% of Accomplishment Value of
Name Nature Awarded
Outstanding
Name of Contract b. Address of b. Date Started Works/
Project Cost Description %
c. Telephone Work c. Date of Planned Actual Undelivered
Nos. Completion Portion

Government

Private

Total Cost
Note: Indicate “no ongoing contracts” if there are none.

_______________________
Signature over Printed Name
[date of signing]

In the capacity of [title or other appropriate designation]

Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

125
 Statement identifying the Bidder’s Single Largest Completed Contract
similar to the contract to be bid
Business Name : ________________________________
Business Address : ________________________________

a. Owner’s Bidder’s Role a. Amount at

a. Date Awarded
Name Nature of Award
b. Contract
Name of Contract b. Address b. Amount at
Work Description % Effectivity
c. Telephone Completion
c. Date Completed
Nos. c. Duration
Government / Private

Note: This statement shall be supported with any of the following documents:
1. Purchase Order and/or Contract of Agreement;
2. Certificate of Completion or End-user’s Acceptance;
3. Official Receipt/s issued for the contract

_______________________
Signature over Printed Name
[date of signing]

In the capacity of: [title or other appropriate designation]

Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

126
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