Unless otherwise specified in the BDS, the Bidder may subcontract parts of the goods to the extent approved by BULACAN STATE UNIVERSITY and specified in the BDS. In the event that BULACAN STATE UNIVERSITY determines that the subcontractor is not suitable, the delivery of such part of the goods to the subcontractor will be prevented.
Clarification and Amendment of Bidding Documents
Preparation of Bids 11. Language of Bid
- Documents Comprising the Bid: Eligibility and Technical Components
- Documents Comprising the Bid: Financial Component
- Alternative Bids
- Bid Prices
- Bid Currencies
- Bid Validity
- Bid Security
- Format and Signing of Bids
- Sealing and Marking of Bids
Unless otherwise stated in the BDS, the financial part of the bid must contain the following: Unless otherwise specified in the BDS, payment of the Contract Price shall be made in Philippine pesos.
Submission and Opening of Bids 21. Deadline for Submission of Bids
Late Bids
If bids are not sealed and marked as required, BULACAN STATE UNIVERSITY assumes no responsibility for misplacement or premature opening of the bid.
Modification and Withdrawal of Bids
Opening and Preliminary Examination of Bids
Evaluation and Comparison of Bids 25. Process to be Confidential
- Clarification of Bids
- Domestic Preference
- Detailed Evaluation and Comparison of Bids
- Post-Qualification
- Reservation Clause
The ranking of the total bid prices thus calculated from the lowest to the highest. An adverse decision will result in the rejection of the Bidder's Bid, in which case BULACAN STATE UNIVERSITY shall proceed to the next lowest calculated Bid to make a similar determination of that Bidder's ability to perform satisfactorily. If the project is no longer necessary as determined by the head of BULACAN STATE UNIVERSITY; and. iii).
If the source of funds for the project has been withheld or reduced through no fault of BULACAN STATE UNIVERSITY.
Award of Contract 31. Contract Award
Signing of the Contract
At the same time that BULACAN STATE UNIVERSITY notifies the successful bidder that its bid has been accepted, BULACAN STATE UNIVERSITY will send to the Bidder the Contract Form, which contract is given in the Tender Documents, including all agreements between the parties . . Within ten (10) calendar days of receipt of the award notice, the successful bidder shall post the required performance bond and sign and date the contract and return it to BULACAN STATE UNIVERSITY. BULACAN STATE UNIVERSITY will enter into a contract with the successful Bidder within the same ten (10) day calendar period provided that all documentation requirements are met.
Performance Security
Notice to Proceed
The effective date of the Agreement shall be specified in the Notice of Continuation by BULACAN STATE UNIVERSITY, and such date shall not be later than seven (7) calendar days from the issuance of the Notice of Continuation.
Protest Mechanism
12.1(a)(ii) Valid mayoral permit issued by the city or municipality where the principal place of business of the prospective bidder is located. 13.1(b) Preferably with soft copy in compact disc (CD) of the bid prices and applicable price schedules using Microsoft Excel. 16.1(b) The bid prices for goods supplied from outside the Philippines are quoted in Philippine pesos.
Each combination of the above is proportional to the share of the form in relation to the total amount of the security deposit.
Definitions
Corrupt, Fraudulent, Collusive, and Coercive Practices
Further, the Funding Source, Borrower or BULACAN STATE UNIVERSITY, as the case may be, will seek to impose the maximum civil, administrative and/or criminal penalties available under applicable law on individuals and organizations found to be involved in any of the practices mentioned in the GCC clause. (A).
Inspection and Audit by the Funding Source
Governing Law and Language
Notices
A Party may change its address for notice hereunder by notifying the other Party of such change in accordance with the provisions set out in the SCC for GCC clause 5.1.
Scope of Contract
Subcontracting
Procuring Entity’s Responsibilities
Prices
The prices charged by the Supplier for the goods supplied and/or services performed under this Agreement shall not differ from the prices quoted by the Supplier in its quotation, except for any price change resulting from a change order , issued in accordance with Article 29 of the GCC. .
Payment
Advance Payment and Terms of Payment
In the event that the client's authorized representative does not issue a certificate of inspection or acceptance within forty-five (45) days from the date indicated on the delivery certificate, the supplier has the right to demand payment of the remaining twenty percent (20%). provided that the Client himself verifies the reason(s) for the non-issue of documents (vii) and (viii) as described in the SCC provision on delivery and documents.
Taxes and Duties
Performance Security
Use of Contract Documents and Information
Standards
Inspection and Tests
The Supplier agrees that neither the performance of a test and/or inspection of the Goods or any part thereof, nor the participation by BULACAN STATE UNIVERSITY or its representative, shall release the Supplier from any warranty or other obligation under this Contract.
Warranty
Delays in the Supplier’s Performance
Liquidated Damages
Settlement of Disputes
Any dispute or difference with respect to which notice of intent to arbitrate has been given in accordance with this section shall be settled by arbitration. In the event of a dispute between BULACAN STATE UNIVERSITY and the Supplier, the dispute shall be resolved in accordance with Republic Act 9285 ("R.A. 9285"), also known as the "Alternative Dispute Resolution Act of 2004". Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless otherwise agreed; and BULACAN STATE UNIVERSITY shall pay the Supplier any amount due to the Supplier.
Liability of the Supplier
Force Majeure
Termination for Default
Termination for Insolvency
Termination for Convenience
Government, if it has determined the existence of conditions that make the implementation of the project economically, financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous events or changes in legislation and national government policies. Goods that have been delivered and/or performed or are ready for delivery or performance within thirty (30) calendar days after the Supplier receives notice of cancellation shall be accepted by BULACAN STATE UNIVERSITY at the contractual terms and prices. For Goods not yet delivered and/or ready for delivery, BULACAN STATE UNIVERSITY may choose:. a) that any part is delivered and/or performed and paid for according to the contractual terms and prices; and/or. b) cancel the balance and pay the supplier the agreed amount for partially completed and/or executed goods and for materials and parts previously purchased by the supplier.
Before recovery is made, the fact of loss must be certified by the Supplier under oath to the satisfaction of BULACAN STATE UNIVERSITY before recovery is made.
Termination for Unlawful Acts
If the Supplier incurs losses in its initial performance of the terminated contract, such as the purchase of raw materials for goods manufactured specifically for BULACAN STATE UNIVERSITY, which cannot be sold in the open market, it will be allowed to partially recover from this contract , in a quantum meruit basis.
Procedures for Termination of Contracts
If, after the expiration of the seven (7) day period, the supplier does not provide a reason for inaction or non-fulfillment of obligations, the head of BULACAN STATE UNIVERSITY shall issue an order terminating this contract;. e) BULACAN STATE UNIVERSITY may, at any time prior to receipt of the Supplier's verified position paper described in (d) above, withdraw the notice of termination if it is determined that certain items or works that are the subject of the notice have been completed, delivered, or carried out prior to the supplier's receipt of the notification;. f) Within ten (10) calendar days from the receipt of the non-renewable certified position paper, the Head of BULACAN STATE UNIVERSITY shall decide whether or not to terminate this Agreement. It shall notify the Supplier in writing of its decision and, unless otherwise specified, this Agreement shall be deemed terminated upon receipt of notification of the Supplier's decision. Termination is based only on the grounds stated in the termination notice; g) The Head of BULACAN STATE UNIVERSITY may establish a Contract Termination Review Committee (CTRC) to assist him in the performance of this function.
All decisions recommended by the CTRC must be approved by the head of BULACAN STATE UNIVERSITY; and. h).
Assignment of Rights
The contract shall be deemed terminated if not resumed within thirty (30) calendar days of receipt of such notice by BULACAN STATE UNIVERSITY.
Contract Amendment
Application
The risk and the right of ownership pass from the supplier to the client after receipt and final acceptance of the goods at the final destination." The supplier will deliver the goods in accordance with the conditions set out in sec. Four copies of receipt receipt for the property bill signed by the representative of Bulacan State University at the project site.
The goods remain at the risk and property of the supplier until their final acceptance by Bulacan State University.
Technical Specifications
After examining the bid documents, including bid bulletin numbers [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to [supply/deliver/export] [description of the goods] in accordance with the said bid documents for the sum of [total Bid Amount in words and figures] or such other amounts as may be determined in accordance with the Price Schedule attached hereto and made part of this Bid. We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements. If our Bid is accepted, we undertake to provide a performance security in the form, amounts and within the times specified in the Bid Documents.
We certify/confirm that we are in compliance with the eligibility requirements as per ITB Clause 5 of the Tender Documents.
Omnibus Sworn Statement
If a partnership or cooperative: None of the officers and members of [name of bidder] are related to the head of the procuring entity, members of the Bidding and Award Committee (BAC), the Technical Working Group and the BAC Secretariat, head of the Project Management Office or the end-user unit, and the project consultants by blood or affinity up to the third civil degree; If a corporation or joint venture: none of the officers, directors and controlling shareholders of [name of bidder] are related to the head of the procuring entity, members of the Bid and Award 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 blood or affinity up to the third civil degree; Name of Bidder] has not given or paid any commission, amount, fee or any form of consideration, monetary or otherwise, directly or indirectly, to any person or officer, employee or representative of the government in connection with any procurement project or activity.
The delivery schedule expressed as weeks/months hereafter stipulates a delivery date which is the date of delivery to the project site.
Scope of Work / Technical Specifications
Project Location: Bulacan State University, City of Malolos Bulacan Standard Form Number: SF-GOOD-13a. Notice of Award or Notice to Proceed or Contract or P.O. Completion certificates and owner's acceptance. I/We understand that bids under your terms must be supported by bid security, which may be in the form of a bid security statement.
I/We accept that: (a) I/We will be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years after receipt of your Blacklisting Order; and, (b) I/we will pay the appropriate penalty provided in terms of Section 6 of the Guidelines on the Use of Bid Security Statement3, if I/we have committed any of the following actions:. i) my/our bid withdrawn during the bid validity period required in the bid documents; or. ii) Fail or refuse to accept the award and enter into contract or perform any and all acts necessary for the performance of the Contract, in accordance with the Bid Documents after you have been notified of your acceptance of our Bid during the period of the bid validity.
