However, if necessary, they must be adapted to the circumstances of the individual public procurement project. Bidder - Refers to a contractor, manufacturer, supplier, distributor and/or consultant who submits a bid in accordance with the requirements of the tender documents.
Invitation to Bid
All bids must be accompanied by a bid security in any of the acceptable forms and in the amount specified in ITB clause 14. Bids will be opened in the presence of the bidders' representative who chooses to participate in the activity.
Instructions to Bidders
Scope of Bid
Funding Information
Bidding Requirements
Corrupt, Fraudulent, Collusive, and Coercive Practices 12
The public procurement project (hereinafter referred to as the “Project”) consists of one (1) lot, the details of which are described in Section VII (Technical Specifications). When a treaty or an international or executive agreement, as provided for in section 4 of RA no. Citizens, corporations or associations of a country included in the list issued by the GPPB whose laws or regulations grant reciprocal rights or privileges to citizens, corporations or associations of the Philippines;.
For procurement of non-consumable supplies and services: The Bidder must have completed a single contract similar to this Project, equal to at least fifty percent (50%) of the ABC. For Procurement of Expendable Stock: The Bidder must have completed a single contract similar to this Project, equal to at least twenty-five percent (25%) of the ABC. Completed at least two (2) similar contracts, the total amount of which must be equal to at least fifty percent (50%) in the case of non-disposable supplies and services or twenty-five percent (25%) in the case of disposable stock] of the ABC for this Project; and.
The largest of these similar contracts must be equivalent to at least half of ABC's percentage as required above. Bidders must meet the eligibility criteria from section 23.4.1 of the IRR 2016 RA no.
Origin of Goods
Subcontracts
Subcontracting of any part of the project does not relieve the supplier of any liability or obligation under the contract. The Supplier shall be responsible for the acts, defaults and negligence of any subcontractor, its agents, servants or workers as fully as if these were the Supplier's own acts, defaults or negligence or the acts of its agents, servants or workers. .
Pre-Bid Conference
Clarification and Amendment of Bidding Documents
Documents comprising the Bid: Eligibility and Technical Components
Documents comprising the Bid: Financial Component
Any offer that exceeds the ABC stated in paragraph 1 of the IB will not be accepted. For foreign-funded procurements, the bid price ceiling may be applied if the conditions are met in accordance with Section 31.2 of the Revised IRR of 2016 RA No.
Bid Prices
Bid and Payment Currencies
Bid Security
Sealing and Marking of Bids
Deadline for Submission of Bids
Opening and Preliminary Examination of Bids
Domestic Preference
Detailed Evaluation and Comparison of Bids
Post-Qualification
Signing of the Contract
12 The price of goods must be quoted according to DDP [destination] or applicable international commercial terms (INCOTERMS) for this project. These clauses serve as a secondary source for the terms and conditions of the contract. The client must notify the provider in writing in a timely manner of the identity of any representatives he has engaged for these purposes.
Supplier's liability under this Agreement shall be governed by the laws of the Republic of the Philippines. The Special Contract Conditions (SCC) complement the GCC and specify the contractual requirements related to the specific circumstances of the client, the client country, the sector and the purchased goods. The risk and the right of ownership pass from the supplier to the customer after receipt and final acceptance of the goods at the final destination."
Delivery of the Goods is made by the Supplier in accordance with the conditions stated in Chapter VI (Schedule of Requirements). The Supplier is obligated to provide all of the following services, including any additional services, specified in Section VI. The Supplier shall indemnify the Contracting Authority against all claims by third parties for infringement of patent, trademark or industrial design rights arising from the use of the Goods or any part thereof.
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically and competitively to the requirements of the Procuring Entity without qualifying their tenders.
Bid Data Sheet
General Conditions of Contract
- Scope of Contract
- Advance Payment and Terms of Payment
- Performance Security
- Inspection and Tests
- Warranty
- Liability of the Supplier
The General Conditions of Contract (GCC) in this Section, read together with the Special Conditions of Contract in Section V and the other documents listed therein, shall be a complete document stating all rights and obligations of the parties. . Matters governing the Supplier's performance, payments under the Contract or matters affecting the risks, rights and obligations of the parties under the Contract are included in the GCC and the Special Conditions of Contract. 9184 and its revised IRR in 2016, including the Generic Procurement Manual, and related issuances, constitute the primary source for the terms and conditions of the contract, and thus, applicable in the implementation of the contract.
9184 which allows the GPPB to amend the IRR, which will be applied to all procurement activities whose advertisement, posting or invitation has been issued after the effectivity of said amendment. Advance payment of the contract amount is provided under Annex "D" of the revised 2016 IRR of RA No. The Procuring Entity is permitted to determine the terms of payment on the partial or staggered delivery of the Goods procured, provided such partial payment corresponds to the value of the goods delivered and accepted in accordance with prevailing accounting and auditing rules and regulations.
Within ten (10) calendar days after the Bidder's receipt of the Notice of Award from the Procuring Entity, but in no event later than before the signature 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. To ensure that manufacturing defects are corrected by the supplier, a warranty shall be required from the supplier as stated in Section 62.1 of the 2016 Revised IRR of RA No.
Special Conditions of Contract
For Goods delivered from abroad state:] “The delivery conditions applicable to the Agreement are DDP delivery [indicate place of destination]. For Goods delivered from the Philippines please state:] “The terms of delivery applicable to this Contract are delivered [specify the place of destination]. The Supplier shall provide packaging for the Goods necessary to prevent damage or deterioration in transit to their final destination as specified in this Contract.
The dimensions and weight of the packaging, where appropriate, take into account the remoteness of the final destination of the Goods and the absence of heavy handling facilities at all points during transport. A packing list listing the contents and quantities of the packaging should be placed in an accessible area of the outer packaging if possible. If the Supplier is required under the Contract to deliver the Goods CIF, CIP or DDP, transportation of the Goods to the port of destination or other named place of destination in the Philippines as specified in this Contract shall be arranged and paid for by the Supplier, the cost of which is included in the Contract Price.
If the Supplier is required under this Contract to transport the Goods to a specified destination within the Philippines, defined as the Project Site, transportation to the destination in the Philippines, including insurance and storage, as specified in this Contract, are arranged by the Supplier and the associated costs are included in the contract price. If the Supplier is required under the Contract to deliver the Goods CIF, CIP or DDP, the Goods must be carried on carriers registered in the Philippines.
Schedule of Requirements
Technical Specifications
Where applicable, drawings, including floor plans as required, may be provided by the contracting authority with the tender documents. Similarly, the supplier may be asked to provide drawings or samples either with its bid or for prior assessment by the contracting authority during the performance of the contract. Tenderers are also required, as part of the technical specifications, to complete their Declaration of Conformity and demonstrate how the items conform to the specification.
Statements of "Comply" or "Not Comply" must be supported by evidence in a Bidder Offer and that evidence must be referenced. Evidence must be provided in the form of unmodified manufacturer's sales literature, unconditional declarations of specification and conformity issued by the manufacturer, samples, independent test data, etc., as appropriate. A statement that is not supported by evidence or that is subsequently contradicted by the evidence presented will render the Offer under evaluation susceptible to rejection.
A statement either in the bidder's declaration of compliance or supporting evidence that is found to be false either during bid evaluation, post-qualification or contract execution may be considered fraudulent and render the bidder or supplier liable for prosecution under applicable laws and treasons.].
Checklist of Technical and Financial Documents
If it is in the form of a bond, also submit a certificate issued by the Insurance Commission;. Original copy of notarized bid security statement; and. e) Compliance with the technical specifications, which may include production/delivery schedule, manpower and/or aftermarket/parts requirements, if applicable; and. f) Original duly signed Omnibus Sworn Statement (OSS);. and if applicable, original notarized secretarial certificate in case of a corporation, partnership or cooperative; or original special power of attorney for all members of the joint venture giving full power and authority to its officer to sign the OSS and perform acts to represent the bidder. If applicable, a duly signed joint venture agreement (JVA) if the joint venture already exists. duly certified statements from all potential joint venture partners stating that they will enter into and comply with the provisions of the JVA in the event that the bid is approved.
Other Documentary Requirements under RA No. i) [For foreign bidders claiming due to their country's extension of reciprocal rights to Filipinos] Certification from the relevant government office in their country stating that Filipinos are permitted to participate in .public procurement activities for the same item or product. j) Certification from DTI if the bidder claims preference as a domestic bidder or domestic entity.
