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Bid Doc-049

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Bfg distributor
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 27

PHILIPPINE BIDDING DOCUMENTS

Procurement of
GOODS
Government of the Republic of the Philippines

PROCUREMENT OF 21 UNITS DESKTOP COMPUTER


AND 14 UNITS PRINTER
FOR THE USE OF TREASURY DIVISION

Sixth Edition
July 2020

0
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.

1
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.

2
Table of Contents

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


SectionI. Invitation to Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section II. Instructions to Bidders…………………………………………...7
1. Scope of Bid ………………………………………………………………………. 9
2. Funding Information………………………………………………………………. 9
3. Bidding Requirements ……………………………………………………………. 9
4. Corrupt, Fraudulent, Collusive, and Coercive Practices 9
5. Eligible Bidders…………………………………………………………………… 9
6. Origin of Goods ………………………………………………………………….. 10
7. Subcontracts ……………………………………………………………………… 10
8. Pre-Bid Conference ………………………………………………………………. 10
9. Clarification and Amendment of Bidding Documents …………………………… 11
10. Documents comprising the Bid: Eligibility and Technical Components …………. 11
11. Documents comprising the Bid: Financial Component …………………………... 11
12. Bid Prices …………………………………………………………………………. 11
13. Bid and Payment Currencies ……………………………………………………… 12
14. Bid Security ………………………………………………………………………. 12
15. Sealing and Marking of Bids ……………………………………………………… 13
16. Deadline for Submission of Bids …………………………………………………. 13
17. Opening and Preliminary Examination of Bids ………………………………….. 13
18. Domestic Preference ……………………………………………………………… 13
19. Detailed Evaluation and Comparison of Bids ……………………………………. 13
20. Post-Qualification ………………………………………………………………… 14
21. Signing of the Contract …………………………………………………………… 14
Section III. Bid Data Sheet …………………………………………………..15
Section IV. General Conditions of Contract ……………………...………..16
1. Scope of Contract ………………………………………………………………… 16
2. Advance Payment and Terms of Payment ……………………………………….. 16
3. Performance Security ……………………………………………………………. 16
4. Inspection and Tests ……………………………………………………………… 16
5. Warranty …………………………………………………………………………. 17
6. Liability of the Supplier ………………………………………………………….. 17
Section V. Special Conditions of Contract ………………………………….19
Section VI. Schedule of Requirements ……………………………………....22
Section VII. Technical Specifications …………………………………………Error!
Bookmark not defined.
Section VIII. Checklist of Technical and Financial Documents …………..22
3
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.”
4
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
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])
5
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

6
REPUBLIC OF THE PHILIPPINES
OFFICE OF THE PRESIDENT
METROPOLITAN MANILA DEVELOPMENT AUTHORITY
(Pangasiwaan Sa Pagpapaunlad Ng Kalakhang Maynila)
ISO 9001 : 2015 CERTIFIED

Section I. Invitation to Bid


PROCUREMENT OF 21 UNITS DESKTOP COMPUTER AND 14 UNITS PRINTER FOR THE
USE OF TREASURY DIVISION

IB-2024-049-GOODS-TREASURY

1. The Government of the Philippines (GOP), through the 2024 LOCAL FUND Regular
2024 CURRENT intends to apply the sum of PESOS: Three Million Four Hundred
Seventy-Nine Thousand (PHP 3,479,000.00) being the ABC to payments under the
contract for the Procurement of 21 Units Desktop Computer and 14 Units Printer for
the Use of Treasury Division. Bids received in excess of the ABC shall be automatically
rejected at bid opening.

2. The Metropolitan Manila Development Authority (MMDA) now invites bids for the
above Procurement Project. Delivery of the Goods is required within Thirty (30)
calendar days upon issuance of Notice to Proceed. Bidders should have completed,
within five (5) years (CY’s 2019, 2020, 2021, 2022 and 2023) 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. Prospective Bidders may obtain further information from BAC Secretariat and inspect
the Bidding Documents at BAC Secretariat at the 9th Floor, Supply and Property
Division MMDA New Bldg., Dona Julia Vargas Avenue Corner Molave Street,
Barangay Ugong, Pasig City from 8:00 AM to 5:00 PM, Mondays to Fridays starting
11 September 2024 at telephone number: 8898-4200 local 9006. Order of payment
signed by BAC Secretariat head or his authorized representative must be secured at his
office stated at paragraph 10.

5. A complete set of Bidding Documents may be acquired by interested Bidders on 11


September 2024 from the given address and may be downloaded free of charge from
the website(s) Philippine Government Electronic Procurement System (PhilGEPS) and
the website of the Metropolitan Manila Development Authority and upon payment of
the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued
7
by the GPPB, in the amount of Pesos: Five Thousand (Php 5,000.00). The Procuring
Entity shall allow the bidder to present its proof of payment for the fees shall be
presented through electronic means or personally presented.

6. The Metropolitan Manila Development Authority (MMDA) will hold a Pre-Bid


Conference1 on 18 September 2024, 10:10 am at GM’s Conference Room, 18th Floor,
MMDA New Bldg., Dona Julia Vargas Avenue Corner Molave Street, Barangay
Ugong, Pasig City, and/or through video conferencing or webcasting via ZOOM, which
shall be open to prospective bidders.

7. Bids must be duly received by the BAC Secretariat through Manual Submission at the
Lobby Guard, MMDA New Bldg., Dona Julia Vargas Avenue Corner Molave Street,
Barangay Ugong, Pasig City on or before 02 October 2024, 9:00 am. Late bids shall
not be accepted. 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 02 October 2024, 10:10 am at the GM’s Conference Room,
18th Floor, MMDA New Bldg., Dona Julia Vargas Avenue Corner Molave Street,
Barangay Ugong, Pasig City. Bids will be opened in the presence of the bidders’
representatives who choose to attend the activity. Bids will be opened in the presence
of the bidders’ representatives who choose to attend the activity.

9. The Metropolitan Manila Development Authority (MMDA) 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. MILTON T. MORCO


Head, BAC Secretariat
Bids and Awards Committee
METROPOLITAN MANILA DEVELOPMENT AUTHORITY
18th Floor, MMDA New Bldg.,
Dona Julia Vargas Avenue Corner Molave Street,
Barangay Ugong, Pasig City
Telephone Number: 8898-4200 local 1803
Email Address: [email protected]

11. You may visit the following websites:


For downloading of Bidding Documents: PhilGEPS Website

Atty. Victor Pablo C. Trinidad


Bids and Awards Committee Chairman

1 May be deleted in case the ABC is less than One Million Pesos (PhP1,000,000) where the Procuring Entity may not hold a
Pre-Bid Conference.
8
Section II. Instructions to Bidders
1. Scope of Bid

The Procuring Entity, METROPOLITAN MANILA DEVELOPMENT AUTHORITY wishes to


receive Bids for the Procurement of 21 Units Desktop Computer and 14 Units Printer for the
Use of Treasury Division.

The Procurement Project (referred to herein as “Project”) is composed of ONE (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 in the amount of
PHP 3,479,000.00

2.2. The source of funding is:

a. 2024 LOCAL FUND Regular 2024 CURRENT

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.
9
5.2.
a. Foreign ownership exceeding those allowed under the rules may participate
pursuant to:

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:

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.

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

The Procuring Entity has prescribed that:

7.1. Subcontracting is not ALLOWED

8. Pre-Bid Conference

The Procuring Entity will hold a pre-bid conference for this Project will be on 18
September 2024, 10:10 am, at GM’s Conference Room, 18th Floor, MMDA New Bldg.,
Dona Julia Vargas Avenue Corner Molave Street, Barangay Ugong, Pasig City, and/or
through videoconferencing/webcasting} as indicated in paragraph 6 of the IB.
10
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, either at its given address or through electronic mail 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 FIVE (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.

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.

12. Bid Prices

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

11
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 e.

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 Section


VII (Technical Specifications).

12.2. Discounts shall be incorporated in the BID OFFER. The Bid amount shall be
written in words and in figures. Failure to comply, the Bid shall be Rejected.

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 Declaration2 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.

2 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.
12
14.2. The Bid and bid security shall be valid only for Thirty (30) Days. Any Bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.

15. Sealing and Marking of Bids

Each Bidder shall submit TWO (2) copies 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.

If the Procuring Entity allows the submission of bids through online submission or any
other electronic means, the Bidder shall submit an electronic copy of its Bid, which
must be digitally signed. An electronic copy that cannot be opened or is corrupted shall
be considered non-responsive and, thus, automatically disqualified.

16. Deadline for Submission of Bids

16.1. The Bidders shall submit on the specified date and time and either at its
physical address or through online submission as indicated in paragraph 7 of the
IB.

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 videoconferencing,
webcasting or other similar technologies will be used, attendance of
participants shall likewise be recorded by the BAC Secretariat.

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.

19. Detailed Evaluation and Comparison of Bids

19.1. The Procuring BAC shall immediately conduct a detailed evaluation of all Bids
rated “passed,” using non-discretionary pass/fail criteria. The BAC shall

13
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 15 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.

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. 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, unless
provided OTHERWISE by BDS.

20.2 Bid Bulletins should be part and parcel of the submission of the Bidder. Failure
to attach a copy shall be a ground for disqualification.

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.

14
Section III. Bid Data Sheet
Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:

a. Procurement of ICT Equipment


b. Completed within Five (5) years prior to the deadline for the submission
and receipt of bids.
7.1 Subcontracting shall not be allowed.

12 Not Applicable

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 two percent (2%) of ABC in the amount of
PESOS: Sixty-Nine Thousand, Five Hundred Eighty (PhP 69,580.00) 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 five percent (5%) of ABC in the amount of
PESOS: One Hundred Seventy-Three Thousand Nine Hundred Fifty (PhP
173,950.00), if bid security is in Surety Bond.

19.4 Please Refer to Section 19.4

20.1 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, unless provided OTHERWISE by BDS.
20.2 Bid Bulletin shall be attached.

21.2 All Contracts must be accompanied by attachments. All lease agreements must be
accompanied by attachments showing ownership or title. Failure to comply, the
BID shall be rejected.

15
Section IV. General Conditions of Contract
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 prior to 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. 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.

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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.

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 Section V.

17
Section V. Special Conditions of Contract
GCC
Clause
1 [List here any additional requirements for the completion of this Contract. The
following requirements and the corresponding provisions may be deleted,
amended, or retained depending on its applicability to this Contract:]

Delivery and Documents –

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

[For Goods supplied from abroad, state:] “The delivery terms applicable to the
Contract are DDP delivered [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

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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.

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 and other components 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 spare parts or components for the Goods for a period of [indicate
here the time period specified. If not used indicate a time period of three times
the warranty period].

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


case, within [insert appropriate time period] months of placing the order.

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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.

20
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 [If partial payment is allowed, state] “The terms of payment shall be as follows:
_____________.”
4 The inspections and tests that will be conducted are: 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
Goods

21
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 Unit Quantity Delivered Weeks/Months


No.
Minimum Requirement:
1 DESKTOP BRANDED Unit 21 Thirty (30) Calendar
2 ALL-IN-ONE ECOTANK PRINTER Unit 14 Days upon the issuance
***nothing follows***
of Notice to Proceed
Delivery Period: To be delivered Thirty (30) Calendar days upon the issuance of Notice to Proceed.

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Framework Agreement List
FRAMEWORK AGREEMENT LIST
(AGENCY)
Item / Service Cost per item or Maximum Quantity Total Cost
Type and nature of service per Item
each item/service

TOTAL
(Approved Budget for
the Contract)
Expected delivery Within [no. of days] calendar days upon issuance of Call-off .
timeframe after receipt
of a Call-Off.
Remarks Indicate here any other appropriate information as may be
necessary.

SIGNATURE OVER POSITION DEPARTMENT/DIVISION


PRINTED NAME

23
Section VII. Technical Specifications
Technical Specifications
Item Description Unit Quantity Statement of Compliance
No.
Minimum Requirement: Bidders must state here
1 DESKTOP Branded Units 21 either "Comply" or "Not
At least 5.0 Ghz (CPU Clock speed) 13th Gen Comply" against each of the
Memory – at least 16GB DDR5 RAM individual parameters of
Storage – at least 1TB 7200 rpm HDD + 500GB each Specification stating the
NVMe SSD corresponding performance
Display – at least 23” Full HD 1920 x 1080 parameter of the equipment
Operating System – at least Windows 11 Pro License offered. Statements of "Comply"
Software – Microsoft Office 2021 Standard or "Not Comply" must be
supported by evidence in a
Mouse – USB Mouse
Bidders Bid and cross-referenced
Keyboard – USB Keyboard
to that evidence. Evidence shall
Video Card - On-Board be in the form of manufacturer's
Others – Casing un-amended sales literature,
AVR/UPS at least 650VA unconditional statements of
2 All-in-One EcoTank Printer Units 14 specification and compliance
Print, Scan, Copy, Wifi issued by the manufacturer,
Compact Integrated Tank Design samples, independent test data
At least 5,760 x 1,440 dpi etc., as appropriate. A Statement
Scan Resolution at least 1200 x 2400dpi that is not supported by evidence
Spill-free, Error-free refilling or is subsequently found to be
Wifi & Wifi-Direct contradicted by the evidence
presented will render the Bid
At least one year warranty under evaluation liable for
Indicate the Brand of items offered. rejection. A statement either in
the Bidders statement of
*** nothing follows ***
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).

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Section VIII. Checklist of Technical and
Financial Documents
Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents


Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages) in
accordance with Section 8.5.2 of the IRR;

Technical Documents
⬜ (b) 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) 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 copy 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) Conformity with the Technical Specifications, which may include production/delivery
schedule, manpower requirements, and/or after-sales/parts, if applicable; and

⬜ (f) 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) or
A Committed Line of Credit from a Universal or Commercial Bank in lieu of its NFCC
computation.

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

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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

⬜ (i) Original of duly signed and accomplished Financial Bid Form; and
⬜ (j) Original of duly signed and accomplished Price Schedule(s).

Other documentary requirements under RA No. 9184 (as applicable)


⬜ (k) [For foreign bidders claiming by reason of their country’s extension of reciprocal rights
to Filipinos] Certification from the relevant government office of their country stating
that Filipinos are allowed to participate in government procurement activities for the
same item or product.

⬜ (l) Certification from the DTI if the Bidder claims preference as a Domestic Bidder or
Domestic Entity.

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