Checklist of Technical and Financial Documents

Notes on the Checklist of Technical and Financial Documents

The prescribed documents in the checklist are mandatory to be submitted in the Bid, but shall be subject to the following:

a. GPPB Resolution No. 09-2020 on the efficient procurement measures during a State of Calamity or other similar issuances that shall allow the use of alternate documents in lieu of the mandated requirements; or

b. Any subsequent GPPB issuances adjusting the documentary requirements after the effectivity of the adoption of the PBDs.

The BAC shall be checking the submitted documents of each Bidder against this checklist to ascertain if they are all present, using a non-discretionary “pass/fail” criterion pursuant to Section 30 of the 2016 revised IRR of RA No. 9184.

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 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.

CENTRALIZED BIDS AND AWARDS COMMITTEE

ITB No. Date /Time of Opening

and Evaluation of Bids:

Project Title:

Approved Budget for the Contract:

Name of Bidder:

Address:

CHECKLIST OF DOCUMENTS FOR THE OPENING AND BID EVALUATION OF BIDDING DOCUMENTS

(Note: Write if PASSED or FAILED on the left space provided.)

I. PRELIMINARY EXAMINATION OF BIDS;

A. Two Envelope System REMARKS

(Passed/Failed)

1. Original Bid Copy 2. Copy 1 & 2 B. Marking of Bids

REMARKS (Passed/Failed)

1. Arranged

2. Numbered/Tabbed

3. Original Copies of the Bid Document must be duly signed by prospective bidder or authorized representative using blue ink pen I. TECHNICAL COMPONENTS - (ENVELOPE ONE)

Passed/Failed

Remarks Eligibility Documents (Class “A” Documents) Page No. LEGAL DOCUMENTS

(a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages) in accordance with section 8.5.2 of the RIRR of RA 9184;

1.1

(b) Registration certificate from Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or

Cooperative Development Authority (CDA) for cooperatives or its equivalent document, and

(c) Mayor’s or Business permit issued by the city or municipality where the principal place of business of the prospective bidder is located, or the equivalent document for Exclusive Economic Zones or Areas;

And

(d) Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approved by the Bureau of Internal Revenue (BIR).

TECHNICAL DOCUMENTS

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

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

Original copy of Bid Security. If in the form of a Surety Bond, submit also a certification issued by the Insurance Commission;

Original copy of Notarized Bid Securing Declaration; and 5.

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

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

The Supplier’s audited financial statements, showing, among others, the Supplier’s total and current assets and liabilities, stamped

“received” by the BIR or its duly accredited and authorized institutions or filed through Electronic Filing and Payment System (EPFS) with corresponding reference number, for the preceding calendar year which should not be earlier than two (2) years from the date of bid submission; and

The prospective bidder’s computation of Net Financial Contracting Capacity (NFCC);

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

Eligibility Documents (Class “B” Documents)

If applicable, a duly signed joint venture agreement (JVA) in case the joint venture is already in existence

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 COMPONENTS - (ENVELOPE TWO)

Financial Proposal Submission Form, to include the following

Duly accomplished and signed Financial Bid Form;

Bid Amount in Figures and in Words:

______________________________________________________

____

2. Duly accomplished and signed Price Schedule(s) Other documentary requirements under RA No. 9184 (as applicable)

[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.

2. Certification from the DTI if the Bidder claims preference as a Domestic Bidder or Domestic Entity.

III. OVER-ALL REMARKS

PASSED FAILED

TECHNICAL COMPONENTS

FINANCIAL COMPONENTS

OTHERS (e.g. ground/s for failed bid):

_____________________________________________________________________

__________________

Contract Agreement [PROJECT TITLE]

THIS AGREEMENT made on the _____ day of __________ 20_____ between:

The FOOD and DRUG ADMINISTRATION, a National Government Agency organized and existing by virtue of Republic Act No. 3720, as amended, with address at Food and Drug Administration Main, Civic Drive, Filinvest City, Alabang, Muntinlupa City, represented by its (OFFICER–IN–CHARGE,) DIRECTOR GENERAL, (INSERT NAME OF DIRECTOR GENERAL) (hereinafter called the “FDA”;

- and -

(COMPLETE NAME OF SUPPLIER), a corporation duly organized and existing under Philippine laws, with principal office address at (INSERT COMPLETE PRINCIPAL OFFICE ADDRESS), represented herein by (INSERT THE NAME, RANK, AND DESIGNATION OF THE AUTHORIZED REPRESENTATIVE), hereinafter called “the SUPPLIER/SERVICE PROVIDER/ACRONYM OF SUPPLIER”)

The FDA and the (SUPPLIER/SERVICE PROVIDER/SUPPLIER ACRONYM) may each be referred to as a “Party”, and collectively as “Parties.”

WITNESSETH That:

WHEREAS, the FDA invited Bids for the certain goods and ancillary services (the

“Bid”), particularly (INSERT TITLE OF THE PROCUREMENT PROJECT) (the

“Services/Goods”) under ITB No. (Please insert the ITB Reference) and has accepted a Bid by the (SUPPLIER/SERVICE PROVIDER/SUPPLIER ACRONYM) for the supply of those goods and services the (Brief Description of the Project) in the sum of (INSERT BID PRICE IN WORDS) ONLY (Php INSERT CONTRACT PRICE IN FIGURES) (hereinafter called “the Contract Price”).

(Insert whereas clauses as needed)

NOW THEREFORE, for and in consideration of the abovementioned premises, the FDA and the (SUPPLIER/SERVICE PROVIDER/SUPPLIER ACRONYM) hereby agrees 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.

3. In consideration for the sum of [total contract price in words and figures], [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.

5. This Agreement contains all the terms and conditions agreed upon by the parties with reference to the subject matter contained in this Agreement. No other agreement, oral or otherwise, shall be deemed to exist or to bind either of the parties to this Agreement.

No Amendment to this Agreement may be made except by a written instrument signed by both parties, executed in the same formalities as this Agreement.

6. This Agreement may be renewed upon mutual agreement of the parties by giving written notice to the other party at least thirty(30)/sixty (60) (Choose one only) days prior the extinguishment of this contract.

7. This Agreement is governed by, and construed in accordance with, the laws of the Republic of the Philippines. Any dispute between the PARTIES arising out of, or relating to this agreement, its interpretation or performance hereunder, the parties shall exert their best efforts to resolve the dispute amicably through negotiation.

If such dispute cannot be settled amicably, the parties shall resort to Alternative Dispute Resolution (ADR) through arbitration.

Should the resort to arbitration fail, the parties agree that all suits shall be filed in the appropriate courts of Makati City or Muntinlupa City only, to the exclusion of all other courts.

8. Should the Service Provider fail to satisfactorily deliver goods under the contract in accordance with the terms of this Agreement, inclusive of duly granted time extensions, if any, the Service Provider shall be liable for damages for the delay and shall pay the FDA liquidated damages, not by way of penalty, an amount equal to one-tenth (1/10) of one percent (1%) of the cost of the delayed goods scheduled for delivery for every day of delay until such goods are finally delivered and accepted by the FDA.

The FDA need not prove that it has incurred actual damages to be entitled to liquidated damages. Such amount shall be deducted from any money due or which may become due to the Service Provider, or collected from any securities or warranties posted by the Service Provider, whichever is convenient to the FDA.

In case the total sum of liquidated damages reaches ten percent (10%) of the total contract price, the FDA may rescind the contract and impose appropriate sanctions over and above the liquidated damages to be paid, in accordance with existing applicable laws, rules and regulations.

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 Signatory’s Legal Capacity]

for:

[Insert Procuring Entity]

[Insert Name and Signature]

[Insert Signatory’s Legal Capacity]

for:

[Insert Name of Supplier]

Acknowledgment

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

Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D A V I T

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 Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

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

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

If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

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

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

a) Carefully examine all of the Bidding Documents;

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

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

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

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

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.

_____________________________________

Bidder’s Representative/Authorized Signatory

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

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

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

NAME OF NOTARY PUBLIC

Serial No. of Commission _______________

Notary Public for _______ until __________

Roll of Attorneys No. __________________

PTR No. ______ [date issued], [place issued]

IBP No. ______ [date issued], [place issued]

Doc. No. _____

Page No. _____

Book No. _____

Series of _____

* This form will not apply for WB funded projects.

Dalam dokumen Bidding Documents (Halaman 40-65)