LOCAL GOVERNMENT UNIT

CAPOOCAN, LEYTE

BIDDING DOCUMENTS
for the

SUPPLY AND DELIVERY OF

TELEVISION SETS

Sixth Edition
July 2020

PROJECT ID NO.GOODS-2023-PB-017

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 Preface
These Philippine Bidding Documents (PBDs) for the procurement of Goods through
Competitive Bidding have been prepared by the Government of the Philippines for use by any
branch, constitutional commission or office, agency, department, bureau, office, or
instrumentality of the Government of the Philippines, National Government Agencies,
including Government-Owned and/or Controlled Corporations, Government Financing
Institutions, State Universities and Colleges, and Local Government Unit. The procedures and
practices presented in this document have been developed through broad experience, and are
for mandatory use in projects that are financed in whole or in part by the Government of the
Philippines or any foreign government/foreign or international financing institution in
accordance with the provisions of the 2016 revised Implementing Rules and Regulations of
Republic Act No. 9184.

The Bidding Documents shall clearly and adequately define, among others: (i) the
objectives, scope, and expected outputs and/or results of the proposed contract or Framework
Agreement, as the case may be; (ii) the eligibility requirements of Bidders; (iii) the expected
contract or Framework Agreement duration, the estimated quantity in the case of procurement
of goods, delivery schedule and/or time frame; and (iv) the obligations, duties, and/or functions
of the winning bidder.

Care should be taken to check the relevance of the provisions of the PBDs against the
requirements of the specific Goods to be procured. If duplication of a subject is inevitable in
other sections of the document prepared by the Procuring Entity, care must be exercised to
avoid contradictions between clauses dealing with the same matter.

Moreover, each section is prepared with notes intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They shall not be included in
the final documents. The following general directions should be observed when using the
documents:

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

b. Specific details, such as the “name of the Procuring Entity” and “address for
bid submission,” should be furnished in the Instructions to Bidders, Bid Data
Sheet, and Special Conditions of Contract. The final documents should contain
neither blank spaces nor options.

c. This Preface and the footnotes or notes in italics included in the Invitation to
Bid, Bid Data Sheet, General Conditions of Contract, Special Conditions of
Contract, Schedule of Requirements, and Specifications are not part of the text
of the final document, although they contain instructions that the Procuring
Entity should strictly follow.

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d. The cover should be modified as required to identify the Bidding Documents as
to the Procurement Project, Project Identification Number, and Procuring
Entity, in addition to the date of issue.

e. Modifications for specific Procurement Project details should be provided in the

Special Conditions of Contract as amendments to the Conditions of Contract.
For easy completion, whenever reference has to be made to specific clauses in
the Bid Data Sheet or Special Conditions of Contract, these terms shall be
printed in bold typeface on Sections I (Instructions to Bidders) and III (General
Conditions of Contract), respectively.

f. For guidelines on the use of Bidding Forms and the procurement of Foreign-
Assisted Projects, these will be covered by a separate issuance of the
Government Procurement Policy Board.

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 Table of Contents

Glossary of Acronyms, Terms, and Abbreviations ………………………….4

Section I. Invitation to Bid……………………………………………………..7
Section II. Instructions to Bidders…………………………………………...8
1. Scope of Bid ………………………………………………………………………. 11
2. Funding Information………………………………………………………………. 11
3. Bidding Requirements ……………………………………………………………. 11
4. Corrupt, Fraudulent, Collusive, and Coercive Practices………………………….. 11
5. Eligible Bidders…………………………………………………………………… 11
6. Origin of Goods ………………………………………………………………….. 12
7. Subcontracts ……………………………………………………………………… 12
8. Pre-Bid Conference ………………………………………………………………. 13
9. Clarification and Amendment of Bidding Documents …………………………… 13
10. Documents comprising the Bid: Eligibility and Technical Components ………….13
11. Documents comprising the Bid: Financial Component …………………………... 13
12. Bid Prices …………………………………………………………………………. 14
13. Bid and Payment Currencies ………………………………………………………15
14. Bid Security ………………………………………………………………………. 15
15. Sealing and Marking of Bids ………………………………………………………15
16. Deadline for Submission of Bids …………………………………………………. 15
17. Opening and Preliminary Examination of Bids ………………………………….. 16
18. Domestic Preference ……………………………………………………………… 16
19. Detailed Evaluation and Comparison of Bids ……………………………………. 16
20. Post-Qualification ………………………………………………………………… 17
21. Signing of the Contract …………………………………………………………… 17
Section III. Bid Data Sheet …………………………………………………..19
Section IV. General Conditions of Contract ……………………...………..21
1. Scope of Contract ………………………………………………………………… 22
2. Advance Payment and Terms of Payment ……………………………………….. 22
3. Performance Security ……………………………………………………………. 22
4. Inspection and Tests ……………………………………………………………… 22
5. Warranty …………………………………………………………………………. 23
6. Liability of the Supplier ………………………………………………………….. 23
Section V. Special Conditions of Contract ………………………………….24
Section VI. Schedule of Requirements ……………………………………....29
Section VII. Technical Specifications …………………………………………31
Section VIII. Checklist of Technical and Financial Documents …………..34

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 Glossary of Acronyms, Terms, and
Abbreviations
ABC – Approved Budget for the Contract.

BAC – Bids and Awards Committee.

Bid – A signed offer or proposal to undertake a contract submitted by a bidder in response to

and in consonance with the requirements of the bidding documents. Also referred to as
Proposal and Tender. (2016 revised IRR, Section 5[c])

Bidder – Refers to a contractor, manufacturer, supplier, distributor and/or consultant who

submits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR,
Section 5[d])

Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016
revised IRR, Section 5[e])

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

Consulting Services – Refer to services for Infrastructure Projects and other types of projects
or activities of the GOP requiring adequate external technical and professional expertise that
are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:
(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical services
or special studies. (2016 revised IRR, Section 5[i])

CDA - Cooperative Development Authority.

Contract – Refers to the agreement entered into between the Procuring Entity and the Supplier
or Manufacturer or Distributor or Service Provider for procurement of Goods and Services;
Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for
Procurement of Consulting Services; as the case may be, as recorded in the Contract Form
signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.

CIF – Cost Insurance and Freight.

CIP – Carriage and Insurance Paid.

CPI – Consumer Price Index.

DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”

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DTI – Department of Trade and Industry.

EXW – Ex works.

FCA – “Free Carrier” shipping point.

FOB – “Free on Board” shipping point.

Foreign-funded Procurement or Foreign-Assisted Project– Refers to procurement whose

funding source is from a foreign government, foreign or international financing institution as
specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section
5[b]).

Framework Agreement – Refers to a written agreement between a procuring entity and a

supplier or service provider that identifies the terms and conditions, under which specific
purchases, otherwise known as “Call-Offs,” are made for the duration of the agreement. It is in
the nature of an option contract between the procuring entity and the bidder(s) granting the
procuring entity the option to either place an order for any of the goods or services identified
in the Framework Agreement List or not buy at all, within a minimum period of one (1) year
to a maximum period of three (3) years. (GPPB Resolution No. 27-2019)

GFI – Government Financial Institution.

GOCC – Government-owned and/or –controlled corporation.

Goods – Refer to all items, supplies, materials and general support services, except Consulting
Services and Infrastructure Projects, which may be needed in the transaction of public
businesses or in the pursuit of any government undertaking, project or activity, whether in the
nature of equipment, furniture, stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services such as the repair and maintenance of
equipment and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by the Procuring
Entity for such services. The term “related” or “analogous services” shall include, but is not
limited to, lease or purchase of office space, media advertisements, health maintenance
services, and other services essential to the operation of the Procuring Entity. (2016 revised
IRR, Section 5[r])

GOP – Government of the Philippines.

GPPB – Government Procurement Policy Board.

INCOTERMS – International Commercial Terms.

Infrastructure Projects – Include the construction, improvement, rehabilitation, demolition,

repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology projects,
irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power and electrification facilities, national

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buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])

LGUs – Local Government Units.

NFCC – Net Financial Contracting Capacity.

NGA – National Government Agency.

PhilGEPS - Philippine Government Electronic Procurement System.

Procurement Project – refers to a specific or identified procurement covering goods,

infrastructure project or consulting services. A Procurement Project shall be described,
detailed, and scheduled in the Project Procurement Management Plan prepared by the agency
which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB Circular
No. 06-2019 dated 17 July 2019)

PSA – Philippine Statistics Authority.

SEC – Securities and Exchange Commission.

SLCC – Single Largest Completed Contract.

Supplier – refers to a citizen, or any corporate body or commercial company duly organized
and registered under the laws where it is established, habitually established in business and
engaged in the manufacture or sale of the merchandise or performance of the general services
covered by his bid. (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019). Supplier
as used in these Bidding Documents may likewise refer to a distributor, manufacturer,
contractor, or consultant.

UN – United Nations.

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Section I. Invitation to Bid

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 Republic of the Philippines
Province of Leyte
MUNICIPALITY OF CAPOOCAN
-oOo-
CAPOOCAN BIDS AND AWARD COMMITTEE

INVITATION TO BID
for
SUPPLY AND DELIVERY OF TELEVISION SETS

1. The MUNICIPALITY of Capoocan, Leyte, through the SEF intends to apply the sum of
FOUR HUNDRED FIFTY TWO THOUSAND PESOS ONLY (PhP452,000.00) being
the Approved Budget for the Contract (ABC) to payments under the contract for the
SUPPLY AND DELIVERY OF TELEVISION SETS . Bids received in excess of the
ABC shall be automatically rejected at bid opening.

2. The MUNICIPALITY of Capoocan, Leyte, now invites bids for the above Procurement
Project. Delivery of the Goods is required within FIFTEEN CALENAR DAYS.
Bidders should have completed, within two (2) years from the date of submission and
receipt of bids, a contract similar to the Project. The description of an eligible bidder
is contained in the Bidding Documents, particularly, in Section II (Instructions to
Bidders).

3. Bidding will be conducted 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) No. 9184.

a. 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 No. 5183.

4. Interested bidders may obtain further information from MUNICIPALITY OF

CAPOOCAN, LEYTE and inspect the Bidding Documents at the address given below
during office hours from Monday – Friday.

If not the proprietor, persons authorized by the supplier to purchase and drop bidding
documents in his/her behalf, are required to submit a notarized authorization letter along
with a valid identification.

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5. A complete set of Bidding Documents may be acquired by interested Bidders on
October 17- November 6, 2023 from the given address below and upon payment of the
applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by
the GPPB, in the amount of FIVE HUNDRED PESOS ONLY (Php500.00). The
Procuring Entity shall allow the bidder to present its proof of payment for the fees
presented in person.

The Procuring Entity requires the bidder to present its proof of payment for the fees in
person and to provide its official e-mail address and a USB Flash Drive upon purchase
of bidding documents. Interested bidders are likewise required to present a proof of
enlistment in the Document Request List in the PhilGEPS website prior to purchase of
bidding documents.

6. Bids must be duly received by the BAC Secretariat through manual submission at the
address below on or before November 6, 2023 at 8:30 in the morning. Late bids shall
not be accepted.

7. All Bids must be accompanied by a bid security in any of the acceptable forms and in
the amount stated in ITB Clause 14.

8. Bid opening shall be on November 6, 2023 at 9:30 in the morning at Social Hall,
Municipal Building, Capoocan, Leyte. Bids will be opened in the presence of the
bidders’ representatives who choose to attend the activity.

9. The MUNICIPALITY OF CAPOOCAN, LEYTE 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 Sections 35.6 and 41 of the 2016 revised IRR of
RA No. 9184, without thereby incurring any liability to the affected bidder or bidders.

10. For further information, please refer to:

MR. BENITO C. PROCIA

Chairman, Bids and Awards Committee
2nd Floor Municipal Building, Capoocan, Leyte

(Sgd.) BENITO C. PROCIA

BAC Chairman

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Section II. Instructions to Bidders

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1. Scope of Bid
The Procuring Entity, MUNICIPALITY OF CAPOOCAN, LEYTE wishes to receive
Bids for the SUPPLY AND DELIVERY OF TELEVISION SETS . with identification
number GOODS-2023-PB-017.

The Procurement Project (referred to herein as “Project”) is composed of 1 lot, the

details of which are described in Section VII (Technical Specifications).

2. Funding Information

2.1. The GOP through the source of funding as indicated below for SEF in the
amount of PhP452,000.00
2.2. The source of funding is:

. LGUs, the Annual or Supplemental Budget, as approved by the Sanggunian.

3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184 and
its 2016 revised IRR, including its Generic Procurement Manuals and associated
policies, rules and regulations as the primary source thereof, while the herein clauses
shall serve as the secondary source thereof.

Any amendments made to the IRR and other GPPB issuances shall be applicable only
to the ongoing posting, advertisement, or IB by the BAC through the issuance of a
supplemental or bid bulletin.

The Bidder, by the act of submitting its Bid, shall be deemed to have verified and
accepted the general requirements of this Project, including other factors that may affect
the cost, duration and execution or implementation of the contract, project, or work and
examine all instructions, forms, terms, and project requirements in the Bidding
Documents.

4. Corrupt, Fraudulent, Collusive, and Coercive Practices

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. They or
through an agent shall not engage in corrupt, fraudulent, collusive, coercive, and
obstructive practices defined under Annex “I” of the 2016 revised IRR of RA No. 9184
or other integrity violations in competing for the Project.

5. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable
will be evaluated.

5.2. a. Foreign ownership exceeding those allowed under the rules may
participate pursuant to:
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 i. When a Treaty or International or Executive Agreement as
provided in Section 4 of the RA No. 9184 and its 2016 revised IRR
allow foreign bidders to participate;

ii. Citizens, corporations, or associations of a country, included in the

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

iii. When the Goods sought to be procured are not available from local
suppliers; or

iv. When there is a need to prevent situations that defeat competition

or restrain trade.

5.3. Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No.9184, the Bidder
shall have an SLCC that is at least one (1) contract similar to the Project the
value of which, adjusted to current prices using the PSA’s CPI, must be at least
equivalent to:

[Select one, delete the other/s]

a. For the procurement of Non-expendable Supplies and Services: The Bidder

must have completed a single contract that is similar to this Project,
equivalent to at least fifty percent (50%) of the ABC.

b. For the procurement of Expendable Supplies: The Bidder must have

completed a single contract that is similar to this Project, equivalent to at
least twenty-five percent (25%) of the ABC.

5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the
2016 IRR of RA No. 9184.

6. Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a decision
of the UN Security Council taken under Chapter VII of the Charter of the UN, subject
to Domestic Preference requirements under ITB Clause 18.

7. Subcontracts
7.1. The Bidder may subcontract portions of the Project to the extent allowed by the
Procuring Entity as stated herein, but in no case more than twenty percent (20%)
of the Project.

The Procuring Entity has prescribed that:

a. Subcontracting is not allowed.

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 7.2. Subcontracting of any portion of the Project does not relieve the Supplier of any
liability or obligation under the 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.

8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time as indicated in paragraph 6 of the IB.

9. Clarification and Amendment of Bidding Documents

Prospective bidders may request for clarification on and/or interpretation of any part of
the Bidding Documents. Such requests must be in writing and received by the
Procuring Entity, at its given address indicated in the IB, at least ten (10) calendar days
before the deadline set for the submission and receipt of Bids.

10. Documents comprising the Bid: Eligibility and Technical Components

10.1. The first envelope shall contain the eligibility and technical documents of the
Bid as specified in Section VIII (Checklist of Technical and Financial
Documents).

10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been completed
within 5 years prior to the deadline for the submission and receipt of bids.

10.3. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must
be accompanied by a translation in English, which 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.
Similar to the required authentication above, for Contracting Parties to the
Apostille Convention, only the translated documents shall be authenticated
through an apostille pursuant to GPPB Resolution No. 13-2019 dated 23 May
2019. The English translation shall govern, for purposes of interpretation of the
bid.

11. Documents comprising the Bid: Financial Component

11.1. The second bid envelope shall contain the financial documents for the Bid as
specified in Section VIII (Checklist of Technical and Financial Documents).

11.2. If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a

certification issued by DTI shall be provided by the Bidder in accordance with
Section 43.1.3 of the 2016 revised IRR of RA No. 9184.

11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.

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 11.4. For Foreign-funded Procurement, a ceiling may be applied to bid prices
provided the conditions are met under Section 31.2 of the 2016 revised IRR of
RA No. 9184.

11.5. Financial proposals for single or multi-year Framework Agreement shall be

submitted before the deadline of submission of bids as prescribed in the IB. For
multi-year Framework Agreement, evaluation of the financial proposal during
this stage is for purposes of determining eligibility and whether or not such
financial proposal is within the ABC.

12. Bid Prices

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

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

12.2. For Framework Agreement, the following should also apply in addition
to Clause 12.1:

a. For a single year Framework Agreement, the prices quoted by the Bidder
shall be fixed during the Bidder’s performance of the contract and not
subject to variation or escalation on any account. Price schedules required
under Clause 12.1 shall be submitted with the bidding documents.

b. For a multi-year Framework Agreement, the prices quoted by the Bidder

during submission of eligibility documents shall be the ceiling and the price
quoted during mini-competition must not exceed the initial price offer. The
price quoted during call for mini-competition shall be fixed during the
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 Bidder’s performance of that Call-off and not subject to variation or
escalation on any account. Price schedules required under Clause 12.1 shall
be submitted with the bidding documents.

13. Bid and Payment Currencies

13.1. For Goods that the Bidder will supply from outside the Philippines, the bid
prices may be quoted in the local currency or tradeable currency accepted by the
BSP at the discretion of the Bidder. However, for purposes of bid evaluation,
Bids denominated in foreign currencies, shall be converted to Philippine
currency based on the exchange rate as published in the BSP reference rate
bulletin on the day of the bid opening.

13.2. Payment of the contract price shall be made in:

a. Philippine Pesos.

14. Bid Security

14.1. The Bidder shall submit a Bid Securing Declaration1 or any form of Bid Security
in the amount indicated in the BDS, which shall be not less than the percentage
of the ABC in accordance with the schedule in the BDS.

14.2. The Bid and bid security shall 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.

14.3. In the case of Framework Agreement, other than the grounds for forfeiture under
the 2016 revised IRR, the bid security may also be forfeited if the successful
bidder fails to sign the Framework Agreement, or fails to furnish the
performance security or performance securing declaration. Without prejudice
on its forfeiture, bid securities shall be returned only after the posting of
performance security or performance securing declaration, as the case may be,
by the winning Bidder or compliant Bidders and the signing of the Framework
Agreement.

15. Sealing and Marking of Bids

Each Bidder shall submit one copy of the first and second components of its Bid.

The Procuring Entity may request additional hard copies and/or electronic copies of the
Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.

16. Deadline for Submission of Bids

1 In the case of Framework Agreement, the undertaking shall refer to entering into contract with the Procuring Entity and
furnishing of the performance security or the performance securing declaration within ten (10) calendar days from receipt of
Notice to Execute Framework Agreement.
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 16.1. The Bidders shall submit on the specified date and time and either at its physical
address as indicated in paragraph 7 of the IB.

16.2. For multi-year Framework Agreement, the submission of bids shall be for the
initial evaluation of their technical and financial eligibility. Thereafter, those
declared eligible during the said initial eligibility evaluation and entered into a
Framework Agreement with the Procuring Entity shall submit anew their best
financial offer at the address and on or before the date and time indicated in the
Call for each mini-competition.

17. Opening and Preliminary Examination of Bids

17.1. The BAC shall open the Bids in public at the time, on the date, and at the place
specified in paragraph 9 of the IB. The Bidders’ representatives who are present
shall sign a register evidencing their attendance.

In case the Bids cannot be opened as scheduled due to justifiable reasons, the
rescheduling requirements under Section 29 of the 2016 revised IRR of RA No.
9184 shall prevail.

17.2. The preliminary examination of bids shall be governed by Section 30 of the

2016 revised IRR of RA No. 9184.

18. Domestic Preference

18.1. The Procuring Entity will grant a margin of preference for the purpose of
comparison of Bids in accordance with Section 43.1.2 of the 2016 revised IRR
of RA No. 9184.

18.2. For multi-year Framework Agreement, determination of margin of preference

shall be conducted every call for Mini-Competition.

19. Detailed Evaluation and Comparison of Bids

19.1. 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 conditions in the evaluation of Bids under Section 32.2 of the
2016 revised IRR of RA No. 9184.

19.2. If the Project allows partial bids, bidders may submit a proposal on any of the
lots or items, and evaluation will be undertaken on a per lot or item basis, as the
case maybe. In this case, the Bid Security as required by ITB Clause 14 shall be
submitted for each lot or item separately.

19.3. The descriptions of the lots or items shall be indicated in Section VII (Technical
Specifications), although the ABCs of these lots or items are indicated in the
BDS for purposes of the NFCC computation pursuant to Section 23.4.2.6 of the
2016 revised IRR of RA No. 9184. The NFCC must be sufficient for the total
of the ABCs for all the lots or items participated in by the prospective Bidder.

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 19.4. The Project shall be awarded as follows:

Option 1 – One Project having several items that shall be awarded as one
contract.

19.5. Except for bidders submitting a committed Line of Credit from a Universal or
Commercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of RA
No. 9184, which must be sufficient for the total of the ABCs for all the lots or
items participated in by the prospective Bidder. For bidders submitting the
committed Line of Credit, it must be at least equal to ten percent (10%) of the
ABCs for all the lots or items participated in by the prospective Bidder.

20. Post-Qualification
20.1. For multi-year Framework Agreement, all bidders initially determined to be
eligible and financially compliant shall be subject to initial post-qualification.
The BAC shall then recommend the execution of a Framework Agreement
among all eligible, technically and financially compliant bidders and the
Procuring Entity and shall be issued by HoPE a Notice to Execute Framework
Agreement. The determination of the Lowest Calculated Bid (LCB) shall not
be performed by the BAC until a Mini-Competition is conducted among the
bidders who executed a Framework Agreement. When a Call for Mini-
Competition is made, the BAC shall allow the bidders to submit their best
financial proposals on such pre-scheduled date, time and place to determine the
bidder with the LCB.

20.2. 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,
or in the case of multi-year Framework Agreement, that it is one of the eligible
bidders who have submitted bids that are found to be technically and financially
compliant,}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. For every mini-competition in Framework Agreement, the LCB shall
likewise submit the required documents for final Post Qualification.}

21. Signing of the Contract

21.1. The documents required in Section 37.2 of the 2016 revised IRR of RA No.
9184 shall form part of the Contract. Additional Contract documents are
indicated in the BDS.

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

21.3. Within ten (10) calendar days from receipt of the Notice to Execute Framework
Agreement with the Procuring Entity, the successful Bidder or its duly
authorized representative shall formally enter into a Framework Agreement
17
 with the procuring entity for an amount of One Peso to be paid to the procuring
entity as a consideration for the option granted by the procuring entity to procure
the items in the Framework Agreement List when the need arises.

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

21.5. The following documents shall form part of the Framework Agreement:

a. Framework Agreement Form;

b. Bidding Documents;
c. Call-offs;
d. Winning bidder’s bid, including the Technical and Financial Proposals, and
all other documents/statements submitted (e.g., bidder’s response to
request for clarifications on the bid), including corrections to the bid, if any,
resulting from the Procuring Entity’s bid evaluation;
e. Performance Security or Performance Securing Declaration, as the case
may be;
f. Notice to Execute Framework Agreement; and
g. Other contract documents that may be required by existing laws and/or
specified in the BDS.

18
Section III. Bid Data Sheet

19
 Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:

a. SUPPLY AND DELIVERY OF ICT EQUIPMENT AND

PERIPHERALS

b. completed within 5 years prior to the deadline for the submission and
receipt of bids.
12 The price of the Goods shall be quoted DDP Municipal Hall, Capoocan, Leyte
or the applicable International Commercial Terms (INCOTERMS) for this
Project.

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

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

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

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

15 Each Bidder shall submit ONE (1) original and TWO (2) copies of the first and
second components of its bid. However, documents which are specifically
prepared for this bidding as indicated in Section IX should all be original.

19 The NFCC Computation, if applicable, must be sufficient for the contract to be

awarded to the bidder and must be prepared and signed by a Certified Public
Accountant.

20.2 For purposes of post qualification, the following documents shall be required:

a. Registration Certificate from DTI or SEC;

b. Current Mayor’s/Business Permit;
c. Tax Clearance Certificate ;
d. Income Tax Return; and
e. Audited Financial Statement

21.2 [List here any additional contract documents relevant to the Project that may be
required by existing laws and/or the Procuring Entity.]

20
Section IV. General Conditions of Contract

21
1. Scope of Contract
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. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute
the primary source for the terms and conditions of the Contract, and thus, applicable in
contract implementation. Herein clauses shall serve as the secondary source for the
terms and conditions of the Contract.

This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA No.
9184 allowing the GPPB to amend the IRR, which shall be applied to all procurement
activities, the advertisement, posting, or invitation of which were issued after the
effectivity of the said amendment.

Additional requirements for the completion of this Contract shall be provided in the
Special Conditions of Contract (SCC).

2. Advance Payment and Terms of Payment

2.1. Advance payment of the contract amount is provided under Annex “D” of the
revised 2016 IRR of RA No. 9184.

2.2. The Procuring Entity is allowed to determine the terms of payment on the partial
or staggered delivery of the Goods procured, provided such partial payment
shall correspond to the value of the goods delivered and accepted in accordance
with prevailing accounting and auditing rules and regulations. The terms of
payment are indicated in the SCC.

3. Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder 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 of the forms
prescribed in Section 39 of the 2016 revised IRR of RA No. 9184.

4. Inspection and Tests

The Procuring Entity or its representative shall have the right to inspect and/or to test
the Goods to confirm their conformity to the Project specifications at no extra cost to
the Procuring Entity in accordance with the Generic Procurement Manual. In addition
to tests in the SCC, 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.

All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the Supplier to
the authorized inspectors at no charge to the Procuring Entity.

22
5. Warranty
5.1 In order to assure that manufacturing defects shall be corrected by the Supplier,
a warranty shall be required from the Supplier as provided under Section 62.1
of the 2016 revised IRR of RA No. 9184.

5.2 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,
repair or replace the defective Goods or parts thereof without cost to the
Procuring Entity, pursuant to the Generic Procurement Manual.

6. Liability of the Supplier

The Supplier’s liability under this Contract shall be as provided by the laws of the
Republic of the Philippines.

If the Supplier is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.

23
Section V. Special Conditions of Contract

24
 Special Conditions of Contract
GCC
Clause
1 [List here any additional requirements for the completion of this Contract)

Delivery and Documents –

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

[For Goods supplied from abroad, state:] “The delivery terms applicable to the
Contract are DDP delivered [indicate place of destination]. In accordance with
INCOTERMS.”

[For Goods supplied from within the Philippines, state:] “The delivery terms
applicable to this Contract are delivered [indicate 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).

For purposes of this Clause the Procuring Entity’s Representative at the Project
Site is [indicate name(s)].

Incidental Services –

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

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

Select appropriate requirements and delete the rest.

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

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

25
 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.
f. [Specify additional incidental service requirements, as needed.]

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.

1. 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

2. 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 and other components required are listed in Section VI
(Schedule of Requirements) and the costs thereof are included in the contract
price.

The Supplier shall carry sufficient inventories to assure ex-stock supply of

consumable spare parts or components for the Goods for a period of period of
three times the warranty period.

Spare parts or components shall be supplied as promptly as possible, but in any

case, within 3 months of placing the order.

26
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.

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.

27
 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.

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.

Intellectual Property 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.
2.2 Not applicable

4 The inspections and tests that will be conducted are:

Accuracy of technical specifications

28
 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 Delivered,
Numbe Description Quantity Total Weeks/Mo
r
Unit
nths
DEPED/ SEF 260,000.00

1 Smart TV 10 units

Specs:

*32”HD Ready

*Art Slim,

*HDR Micro Dimming

*Sport Mode

*IPQ

*Dolby Audio

*Smart Volume

*Android OS

*Google Assistant

*64-bit CA53*4+ Mali 470

*HDMI 1.4

*USB 2.0

* 2.4G WiFi

*Bluetooth

DEPED/ SEF 192,000.00

2 Smart TV 6 units

Specs:

*43” Full HD

* Art Slim

*HDR, * Micro Dimming

* Sport Mode

*IPQ

29
*Dolby Audio

*Smart Volume

*Android OS

*Google Assistant

*64-bit CA53*4+ Mali 470

*HDMI 1.4

*USB 2.0

* 2.4G WiFi

*Bluetooth

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

30
Section VII. Technical Specifications

31
 Technical Specifications
Item Specification Statement of Compliance
DEPED/ SEF [Bidders must state here either “Comply” or “Not
Comply” against each of the individual parameters
1 Smart TV of each Specification stating the corresponding
performance parameter of the equipment offered.
Statements of “Comply” or “Not Comply” must be
Specs: supported by evidence in a Bidders Bid and cross-
referenced to that evidence. Evidence shall be in
*32”HD Ready the form of manufacturer’s un-amended sales
literature, unconditional statements of specification
*Art Slim, and compliance issued by the manufacturer,
samples, independent test data etc., as appropriate.
*HDR Micro Dimming A statement that is not supported by evidence or is
subsequently found to be contradicted by the
evidence presented will render the Bid under
*Sport Mode evaluation liable for rejection. A statement either
in the Bidder's statement of compliance or the
*IPQ supporting evidence that is found to be false either
during Bid evaluation, post-qualification or the
*Dolby Audio execution of the Contract may be regarded as
fraudulent and render the Bidder or supplier liable
*Smart Volume for prosecution subject to the applicable laws and
issuances.]
*Android OS

*Google Assistant

*64-bit CA53*4+ Mali 470

*HDMI 1.4

*USB 2.0

* 2.4G WiFi

*Bluetooth

DEPED/ SEF

2 Smart TV

Specs:

*43” Full HD

* Art Slim

*HDR, * Micro Dimming

* Sport Mode

*IPQ

*Dolby Audio

32
*Smart Volume

*Android OS

*Google Assistant

*64-bit CA53*4+ Mali 470

*HDMI 1.4

*USB 2.0

* 2.4G WiFi

*Bluetooth

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

33
Section VIII. Checklist of Technical and
Financial Documents

34
 Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents

Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages)
updated as of January 2022;

Technical Documents
⬜ (b) 3 original copies of Statement of the prospective bidder of all its ongoing
government and private contracts, including contracts awarded but not yet
started, if any, whether similar or not similar in nature and complexity to the
contract to be bid; and
⬜ (c) 3 original copies of Statement of the bidder’s Single Largest Completed
Contract (SLCC) similar to the contract to be bid, except under conditions
provided for in Sections 23.4.1.3 and 23.4.2.4 of the 2016 revised IRR of RA
No. 9184, within the relevant period as provided in the Bidding Documents;
and

⬜ (d) original copies of Bid Security. If in the form of a Surety Bond, submit also
a certification issued by the Insurance Commission;

or
Original copy of Notarized Bid Securing Declaration; and
⬜ (e) 3 original copies of Conformity with the Technical Specifications, which may
include production/delivery schedule, manpower requirements, and/or after-
sales/parts, if applicable; and

⬜ (f) 3 copies original duly signed Omnibus Sworn Statement (OSS);

and if applicable, Original Notarized Secretary’s Certificate in case of a

corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.

Financial Documents

⬜ (g) The prospective bidder’s computation of Net Financial Contracting Capacity

(NFCC duly prepared and signed by a CPA.);

or
A committed Line of Credit from a Universal or Commercial Bank in lieu of
its NFCC computation.

35
 Class “B” Documents
⬜ (h) If applicable, a duly signed joint venture agreement (JVA) in case the joint
venture is already in existence;

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

II. FINANCIAL COMPONENT ENVELOPE

⬜ a 3 original copies of duly signed and accomplished Financial Bid Form; and
⬜ b. 3 original copies of duly signed and accomplished Price Schedule(s).

36
Section IX. Bidding Forms

37
 APPENDIX “1”

Bid Form for the Procurement of Goods

[shall be submitted with the Bid]
_________________________________________________________________________

BID FORM
Date : _________________
Project Identification No. : _________________

To: [name and address of Procuring Entity]

Having examined the Philippine Bidding Documents (PBDs) including the Supplemental
or 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 PBDs for the sum of [total Bid amount in words and figures] or the total calculated bid price,
as evaluated and corrected for computational errors, and other bid modifications in accordance
with the Price Schedules attached herewith and made part of this Bid. The total bid price includes
the cost of all taxes, such as, but not limited to: [specify the applicable taxes, e.g. (i) value added
tax (VAT), (ii) income tax, (iii) local taxes, and (iv) other fiscal levies and duties], which are
itemized herein or in the Price Schedules,

If our Bid is accepted, we undertake:

a. to deliver the goods in accordance with the delivery schedule specified in the Schedule of
Requirements of the Philippine Bidding Documents (PBDs);

b. to provide a performance security in the form, amounts, and within the times prescribed
in the PBDs;

c. to abide by the Bid Validity Period specified in the PBDs and it shall remain binding upon
us at any time before the expiration of that period.

[Insert this paragraph if Foreign-Assisted Project with the Development Partner:

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:

Name and address Amount and Purpose of

of agentCurrencyCommission 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.

We certify/confirm that we comply with the eligibility requirements pursuant to the PBDs.

The undersigned is authorized to submit the bid on behalf of [name of the bidder] as evidenced
by the attached [state the written authority].

38
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.

Name: ___________________________________________________________________
Legal capacity: _____________________________________________________________
Signature: ________________________________________________________________
Duly authorized to sign the Bid for and behalf of: __________________________________
Date: ___________________

39
 Price Schedule for Goods Offered from Within the Philippines
[shall be submitted with the Bid if bidder is offering goods from within the Philippines]
______________________________________________________________________________

For Goods Offered from Within the Philippines

Name of Bidder ________________________ Project ID No._________ Page ___of___

1 2 3 4 5 6 7 8 9 10

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

Name: ___________________________________________________________________

Legal Capacity: ____________________________________________________________

Signature: ________________________________________________________________

Duly authorized to sign the Bid for and behalf of: __________________________________

40
 STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT
which is similar in nature
(indicate only one)

Business Name: _____________________________________________________

Business Address: ___________________________________________________

End User’s
Acceptance
or Official
Name of Contract Kinds of Contract Date of
Receipt or
Client Date Goods Amount Delivery
Sales Invoice
Issued for
the Contract

Submitted by : ___________________________________________
Printed Name and Signature

Designation : ___________________________________________

Date : ___________________________________________

Instruction:
a. Cut-off date is a day before the schedule of bidding of the herein procurement transaction.

41
 STATEMENT OF ALL ON-GOING GOVERNMENT AND PRIVATE
CONTRACTS INCLUDING CONTRACTS AWARDED
BUT NOT YET STARTED

Business Name: _____________________________________________________

Business Address: ___________________________________________________

Value of
Name of Client Contract Date Kinds of Goods Outstanding Date of Delivery
Contracts

GOVERNMENT

PRIVATE

Submitted by : ___________________________________________
Printed Name and Signature

Designation : ___________________________________________

Date : ___________________________________________

Instruction:
a. State all on-going contracts including those awarded but not yet started (government and
private contracts which may be similar or not similar to the project/procurement transaction
being bid) prior to the bidding date.
b. If there is no ongoing contract including awarded but not yet started as of the aforementioned
period, state none or equivalent term.
c. The total amount of the ongoing and awarded but not yet started contracts should be consistent
with those used in the Net Financial Contracting Capacity (NFCC).

42
 COMPUTATION OF NET FINANCIAL CONTRACTING CAPACITY
(NFCC)
A. Summary of the Firm’s assets and liabilities on the basis of the attached copy
of audited financial statement, stamped “RECEIVED” by the Bureau of
Internal Revenue or BIR authorized collecting agent, for the immediately
preceding year.

PARTICULARS Year 20____

1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Total Net Worth (1-3)
Current Net Worth or Net
6.
Working Capital (2-4)

B. The Net Financial Contracting Capacity (NFCC) based on the above data is
computed as follows:

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

Where: K = 15

NFCC = PhP _______________________________________

Prepared by:

_________________________________________
Certified Public Accountant (CPA)
PRC License ____________________________
_________________________________________

Submitted by:

________________________________________
Name of Firm

_________________________________________
Signature of Authorized Representative

Date: ___________________________________

43
Contract Agreement Form for the Procurement of Goods (Revised)
[Not required to be submitted with the Bid, but it shall be submitted within ten (10) days after
receiving the Notice of Award]
_________________________________________________________________________

CONTRACT AGREEMENT

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, particularly
[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 in specified
currency] (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 as required by the 2016 revised Implementing Rules

and Regulations of Republic Act No. 9184 shall be deemed to form and be read
and construed as integral part of this Agreement, viz.:

i. Philippine Bidding Documents (PBDs);

i. Schedule of Requirements;
ii. Technical Specifications;
iii. General and Special Conditions of Contract; and
iv. Supplemental or Bid Bulletins, if any

ii. Winning bidder’s bid, including the Eligibility requirements, Technical and
Financial Proposals, and all other documents or statements submitted;

Bid form, including all the documents/statements contained in the Bidder’s

bidding envelopes, as annexes, and all other documents submitted (e.g.,
Bidder’s response to request for clarifications on the bid), including
corrections to the bid, if any, resulting from the Procuring Entity’s bid
evaluation;

iii. Performance Security;

iv. Notice of Award of Contract; and the Bidder’s conforme thereto; and

v. Other contract documents that may be required by existing laws and/or

the Procuring Entity concerned in the PBDs. Winning bidder agrees that
additional contract documents or information prescribed by the
GPPB that are subsequently required for submission after the
contract execution, such as the Notice to Proceed, Variation Orders,
and Warranty Security, shall likewise form part of the Contract.

44
 3. In consideration for the sum of [total contract price in words and figures] or such
other sums as may be ascertained, [Named of the bidder] agrees to [state the
object of the contract] in accordance with his/her/its Bid.

4. The [Name of the procuring entity] agrees to pay the above-mentioned sum in
accordance with the terms of the Bidding.

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.

[Insert Name and Signature] [Insert Name and Signature]

[Insert Signatory’s Legal Capacity] [Insert Signatory’s Legal Capacity]

for: for:

[Insert Procuring Entity] [Insert Name of Supplier]

Acknowledgment
[Format shall be based on the latest Rules on Notarial Practice]

45
 Omnibus Sworn Statement (Revised)
[shall be submitted with the Bid]
_________________________________________________________________________

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, by itself or by
relation, membership, association, affiliation, or controlling interest with another
blacklisted person or entity as defined and provided for in the Uniform Guidelines
on Blacklisting;

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

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

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

6. [Select one, delete the rest:]

[If a sole proprietorship:] The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical

46
 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 responsibilities as a Bidder in

compliance with the Philippine Bidding Documents, which includes:

a. Carefully examining all of the Bidding Documents;

b. Acknowledging all conditions, local or otherwise, affecting the implementation of the
Contract;
c. Making an estimate of the facilities available and needed for the contract to be bid, if
any; and
d. Inquiring or securing 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.

10. In case advance payment was made or given, failure to perform or deliver any of
the obligations and undertakings in the contract shall be sufficient grounds to
constitute criminal liability for Swindling (Estafa) or the commission of fraud with
unfaithfulness or abuse of confidence through misappropriating or converting any
payment received by a person or entity under an obligation involving the duty to
deliver certain goods or services, to the prejudice of the public and the
government of the Philippines pursuant to Article 315 of Act No. 3815 s. 1930, as
amended, or the Revised Penal Code.

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

[Insert NAME OF BIDDER OR ITS AUTHORIZED

REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

47
 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 Error! Reference source not found. 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]

48
 Bid Securing Declaration Form
[shall be submitted with the Bid if bidder opts to provide this form of bid security]
_________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

BID SECURING DECLARATION

Project Identification No.: [Insert number]

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

I/We, 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
procurement 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 No. 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; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid, and
I/we have furnished the performance security and signed the Contract.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month]
[year] at [place of execution].

[Insert NAME OF BIDDER OR ITS AUTHORIZED

REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

49
 Performance Securing Declaration (Revised)
[if used as an alternative performance security but it is not required to be submitted with the
Bid, as it shall be submitted within ten (10) days after receiving the Notice of Award]
_________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)

CITY OF _____________________ ) S.S.

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 for the first
offense, or two (2) years for the second 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 revised
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 OR ITS

AUTHORIZED REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

50
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