Standard Bidding Documents
Standard Bidding Documents
Standard Bidding Documents
DOCUMENTS
Supply and Delivery of Polyethylene Plastic
Bags
GO-23-02-009
PROVINCIAL GOVERNMENT OF
SORSOGON
Sixth Edition
July 2020
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Preface
These Philippine Bidding Documents (PBDs) for the procurement of Goods through
Competitive Bidding have been prepared by the Government of the Philippines for use by any
branch, constitutional commission or office, agency, department, bureau, office, or
instrumentality of the Government of the Philippines, National Government Agencies,
including Government-Owned and/or Controlled Corporations, Government Financing
Institutions, State Universities and Colleges, and Local Government Unit. The procedures and
practices presented in this document have been developed through broad experience, and are
for mandatory use in projects that are financed in whole or in part by the Government of the
Philippines or any foreign government/foreign or international financing institution in
accordance with the provisions of the 2016 revised Implementing Rules and Regulations of
Republic Act No. 9184.
The Bidding Documents shall clearly and adequately define, among others: (i) the
objectives, scope, and expected outputs and/or results of the proposed contract or Framework
Agreement, as the case may be; (ii) the eligibility requirements of Bidders; (iii) the expected
contract or Framework Agreement duration, the estimated quantity in the case of procurement
of goods, delivery schedule and/or time frame; and (iv) the obligations, duties, and/or functions
of the winning bidder.
Care should be taken to check the relevance of the provisions of the PBDs against the
requirements of the specific Goods to be procured. If duplication of a subject is inevitable in
other sections of the document prepared by the Procuring Entity, care must be exercised to
avoid contradictions between clauses dealing with the same matter.
Moreover, each section is prepared with notes intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They shall not be included in
the final documents. The following general directions should be observed when using the
documents:
a. All the documents listed in the Table of Contents are normally required for the
procurement of Goods. However, they should be adapted as necessary to the
circumstances of the particular Procurement Project.
b. Specific details, such as the “name of the Procuring Entity” and “address for
bid submission,” should be furnished in the Instructions to Bidders, Bid Data
Sheet, and Special Conditions of Contract. The final documents should contain
neither blank spaces nor options.
c. This Preface and the footnotes or notes in italics included in the Invitation to
Bid, Bid Data Sheet, General Conditions of Contract, Special Conditions of
Contract, Schedule of Requirements, and Specifications are not part of the text
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of the final document, although they contain instructions that the Procuring
Entity should strictly follow.
f. For guidelines on the use of Bidding Forms and the procurement of Foreign-
Assisted Projects, these will be covered by a separate issuance of the
Government Procurement Policy Board.
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Table of Contents
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Glossary of Acronyms, Terms, and
Abbreviations
ABC – Approved Budget for the Contract.
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])
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])
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.
DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”
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DTI – Department of Trade and Industry.
EXW – Ex works.
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])
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buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])
Supplier – refers to a citizen, or any corporate body or commercial company duly organized
and registered under the laws where it is established, habitually established in business and
engaged in the manufacture or sale of the merchandise or performance of the general services
covered by his bid. (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019). Supplier
as used in these Bidding Documents may likewise refer to a distributor, manufacturer,
contractor, or consultant.
UN – United Nations.
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Section I. Invitation to Bid
Notes on the Invitation to Bid
The Invitation to Bid (IB) provides information that enables potential Bidders to decide
whether to participate in the procurement at hand. The IB shall be posted in accordance with
Section 21.2 of the 2016 revised IRR of RA No. 9184.
Apart from the essential items listed in the Bidding Documents, the IB should also indicate
the following:
a. The date of availability of the Bidding Documents, which shall be from the time the
IB is first advertised/posted until the deadline for the submission and receipt of bids;
b. The place where the Bidding Documents may be acquired or the website where it
may be downloaded;
d. Any important bid evaluation criteria (e.g., the application of a margin of preference
in bid evaluation).
The IB should be incorporated in the Bidding Documents. The information contained in the
IB must conform to the Bidding Documents and in particular to the relevant information in
the Bid Data Sheet.
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Republic of the Philippines
PROVINCE OF SORSOGON
INVITATION TO BID
The Provincial Government of Sorsogon through the Provincial Bids and Awards Committee
hereby invites interested suppliers/manufacturers to apply for eligibility and if found eligible,
to bid for the following projects:
Bids received in excess of the ABC shall be automatically rejected during the bid opening.
Bidders should have completed, within three (3) years from the date of submission and receipt
of bids, a contract similar to the Project. The description of an eligible bidder is contained in
the Bidding Documents, particularly, in Section II of the Instructions to Bidders.
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.
Prospective Bidders may obtain further information from the Provincial Bids and Award
Committee and inspect the Bidding Documents at the address given below from 9:00 AM to
3:00PM only.
A complete set of Bidding Documents may be acquired by interested Bidders from the given
address below and upon payment of the applicable fee for the Bidding Documents, pursuant
to the latest Guidelines issued by the GPPB, in the amount of Five Thousand (Php5,000.00)
pesos only. The Procuring Entity shall allow the bidder to present its proof of payment for the
fees after payment has been made at the Provincial Treasurer’s Office.
The Provincial Bids and Award Committee will hold a Pre-Bid Conference1 on February 27,
2023 @ 2:00 PM at the Conference Room 3, 2F, Capitol Bldg., Capitol Compound, Sorsogon
City, which shall be open to prospective bidders however shall abide by the health protocol
imposed by the Local Government unit as govern by the EO No. 22 of the Provincial
Government of Sorsogon.
Bids must be duly received by the BAC Secretariat through manual submission at the office
address indicated below, on or before March 13, 2023 at 12:00 NN . Late bids shall not be
accepted.
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.
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All Bids must be accompanied by a bid security in any of the acceptable forms and in the
amount stated in ITB Clause 14.
Bid opening shall be on March 13, 2023 at the Conference Room 3, 2F, Capitol Bldg., Capitol
Compound, Sorsogon City @ 2:00 P.M. Bids will be opened in the presence of the bidders’
representatives who choose to attend the activity and compliant with the requirement for the
health protocol.
Interested bidder, upon submission of letter of intent is directed to bring with him and present
to the Committee the original copies of Department of Trade and Industry (DTI) Certificate or
Securities and Exchange Commission (SEC) Certificate, Mayor’s Permit, Tax Clearance
Certificate and PhilGeps Registration Certificate.
Further, should a person will represent the supplier, he must be duly authorized by the latter
through a duly notarized Special Power of Attorney, Secretary’s Certificate, or
Board/Partnership Resolution, whichever is applicable and bring with him the above stated
documents to be presented to the Committee for the purpose of verification of its authenticity.
The Provincial Government of Sorsogon 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.
DOMINADOR O. JARDIN
PBAC Chairperson
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Section II. Instructions to Bidders
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1. Scope of Bid
[Note: The Project Identification Number is assigned by the Procuring Entity based on
its own coding scheme and is not the same as the PhilGEPS reference number, which
is generated after the posting of the bid opportunity on the PhilGEPS website.]
2. Funding Information
2.1. The GOP through the source of funding as indicated below for Budget Year
2023 in the amount of One Million Three Hundred Thousand pesos only. (Php
1,300,000.00)
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.
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.
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5. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable
will be evaluated.
5.2.
a. Foreign ownership limited to those allowed under the rules may participate
in this Project.
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:
c. For procurement where the Procuring Entity has determined, after the
conduct of market research, that imposition of either (a) or (b) will likely
result to failure of bidding or monopoly that will defeat the purpose of
public bidding: the Bidder should comply with the following requirements:
[Select either failure or monopoly of bidding based on market research
conducted]
5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the
2016 IRR of RA No. 9184.
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6. Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a decision
of the UN Security Council taken under Chapter VII of the Charter of the UN, subject
to Domestic Preference requirements under ITB Clause 18.
7. Subcontracts
7.1. The Bidder may subcontract portions of the Project to the extent allowed by the
Procuring Entity as stated herein, but in no case more than twenty percent (20%)
of the Project.
8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time at its physical address at the Conference Room 3, 2nd Floor, Capitol
Building, Capitol Compound, Brgy. Burabod, Sorsogon City as indicated in paragraph
6 of the IB.
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.
10.1. 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 3 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.
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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).
11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.
12.1. Prices indicated on the Price Schedule shall be entered separately in the
following manner:
ii. The cost of all customs duties and sales and other taxes already
paid or payable;
iv. The price of other (incidental) services, if any, listed in the BDS.
i. Unless otherwise stated in the BDS, the price of the Goods shall
be quoted delivered duty paid (DDP) with the place of destination
in the Philippines as specified in the BDS. In quoting the price,
the Bidder shall be free to use transportation through carriers
registered in any eligible country. Similarly, the Bidder may
obtain insurance services from any eligible source country.
ii. The price of other (incidental) services, if any, as listed in the BDS.
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12.2. [Include if Framework Agreement will be used:] For Framework Agreement,
the following should also apply in addition to Clause 12.1:
a. For a single year Framework Agreement, the prices quoted by the Bidder
shall be fixed during the Bidder’s performance of the contract and not
subject to variation or escalation on any account. Price schedules required
under Clause 12.1 shall be submitted with the bidding documents.
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.
a. Philippine Pesos.
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.
14.2. The Bid and bid security shall be valid until 120 calendar days. Any Bid not
accompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.
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.
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The Procuring Entity may request additional hard copies and/or electronic copies of the
Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.
16.1. The Bidders shall submit on the specified date and time as indicated in
paragraph 7 of the IB.
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.
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.
19.1. The Procuring Entity’s BAC shall immediately conduct a detailed evaluation of
all Bids rated “passed,” using non-discretionary pass/fail criteria. The BAC
shall consider the conditions in the evaluation of Bids under Section 32.2 of the
2016 revised IRR of RA No. 9184.
19.2. If the Project allows partial bids, bidders may submit a proposal on any of the
lots or items, and evaluation will be undertaken on a per lot or item basis, as the
case maybe. In this case, the Bid Security as required by ITB Clause 14 shall be
submitted for each lot or item separately.
19.3. The descriptions of the lots or items shall be indicated in Section VII (Technical
Specifications), although the ABCs of these lots or items are indicated in the
BDS for purposes of the NFCC computation pursuant to Section 23.4.2.6 of the
2016 revised IRR of RA No. 9184. The NFCC must be sufficient for the total
of the ABCs for all the lots or items participated in by the prospective Bidder.
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
20.2. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated Bid,
{[Include if Framework Agreement will be used:] or in the case of multi-year
Framework Agreement, that it is one of the eligible bidders who have submitted
bids that are found to be technically and financially compliant,}the Bidder shall
submit its latest income and business tax returns filed and paid through the BIR
Electronic Filing and Payment System (eFPS) and other appropriate licenses
and permits required by law and stated in the BDS. {[Include if Framework
Agreement will be used:] For every mini-competition in Framework
Agreement, the LCB shall likewise submit the required documents for final Post
Qualification.}
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.
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Section III. Bid Data Sheet
This Section is intended to assist the Procuring Entity in providing the specific information
in relation to corresponding clauses in the ITB and has to be prepared for each specific
procurement.
The Procuring Entity should specify in the BDS information and requirements specific to
the circumstances of the Procuring Entity, the processing of the procurement, and the bid
evaluation criteria that will apply to the Bids. In preparing the BDS, the following aspects
should be checked:
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Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:
b. completed within 3 years prior to the deadline for the submission and
receipt of bids.
12 The price of the Goods shall be quoted DDP Provincial Government of Sorsogon
or the applicable International Commercial Terms (INCOTERMS) for this
Project.
14.1 The bid security shall be in the form of a Bid Securing Declaration, or any of the
following forms and amounts:
a. The amount of not less than P 26,000.00. [equivalent to two percent (2%)
of ABC], if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit; or
The documents required in Sec.37.2 of the revised IRR of RA No. 9184 shall
form part of the contract, whereas for Sec. 37.2.3 (d) Performance Security,
must be in the form of Surety Bond.
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Section IV. General Conditions of Contract
Matters governing performance of the Supplier, payments under the contract, or matters
affecting the risks, rights, and obligations of the parties under the contract are included in
the GCC and Special Conditions of Contract.
Any complementary information, which may be needed, shall be introduced only through
the Special Conditions of Contract.
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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).
2.1. 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.
2.3. For a single-year Framework Agreement, prices charged by the Supplier for
Goods delivered and/or services performed under a Call-Off shall not vary from
the prices quoted by the Supplier in its bid.
2.4. For multi-year Framework Agreement, prices charged by the Supplier for
Goods delivered and/or services performed under a Call-Off shall not vary from
the prices quoted by the Supplier during conduct of Mini-Competition.
3. Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder from
the Procuring Entity but in no case later than the signing of the Contract by both parties,
the successful Bidder shall furnish the performance security in any of the forms
prescribed in Section 39 of the 2016 revised IRR of RA No. 9184.{[Include if
Framework Agreement will be used:] In the case of Framework Agreement, the Bidder
may opt to furnish the performance security or a Performance Securing Declaration as
defined under the Guidelines on the Use of Framework Agreement.}
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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 {[Include if Framework Agreement
will be used:] or Framework Agreement} specifications at no extra cost to the Procuring
Entity in accordance with the Generic Procurement Manual. In addition to tests in the
SCC, Section VII (Technical Specifications) shall specify what inspections and/or
tests the Procuring Entity requires, and where they are to be conducted. The Procuring
Entity shall notify the Supplier in writing, in a timely manner, of the identity of any
representatives retained for these purposes.
All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the Supplier to
the authorized inspectors at no charge to the Procuring Entity.
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.
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.
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Section V. Special Conditions of Contract
The Special Conditions of Contract (SCC) complement the GCC, specifying contractual
requirements linked to the special circumstances of the Procuring Entity, the Procuring
Entity’s country, the sector, and the Goods purchased. In preparing this Section, the
following aspects should be checked:
However, no special condition which defeats or negates the general intent and purpose of
the provisions of the GCC should be incorporated herein.
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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:]
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 –
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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 –
1. such spare parts as the Procuring Entity may elect to purchase from the
Supplier, provided that this election shall not relieve the Supplier of any
warranty obligations under this Contract; and
The spare parts and other components required are listed in Section VI
(Schedule of Requirements) and the costs thereof are included in the contract
price.
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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:
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.
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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.
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:
Full payment upon full delivery.”
4 The inspections and tests that will be conducted are: [Indicate the applicable
inspections and tests).
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Section VI. Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is
the date of delivery to the project site.
Item Delivered,
Description Quantity Total
Number Weeks/Months
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[Use this form for Framework Agreement:]
Prepared by the End-User, attached to the APP and submitted to the BAC for the approval of
the HOPE.
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.
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Section VII. Technical Specifications
Samples of specifications from previous similar procurements are useful in this respect. The
use of metric units is encouraged. Depending on the complexity of the goods and the
repetitiveness of the type of procurement, it may be advantageous to standardize the General
Technical Specifications and incorporate them in a separate subsection. The General
Technical Specifications should cover all classes of workmanship, materials, and equipment
commonly involved in manufacturing similar goods. Deletions or addenda should then
adapt the General Technical Specifications to the particular procurement.
Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for equipment, materials, and workmanship, recognized Philippine
and international standards should be used as much as possible. Where other particular
standards are used, whether national standards or other standards, the specifications should
state that equipment, materials, and workmanship that meet other authoritative standards,
and which ensure at least a substantially equal quality than the standards mentioned, will
also be acceptable. The following clause may be inserted in the Special Conditions of
Contract or the Technical Specifications.
Wherever reference is made in the Technical Specifications to specific standards and codes
to be met by the goods and materials to be furnished or tested, the provisions of the latest
edition or revision of the relevant standards and codes shall apply, unless otherwise
expressly stated in the Contract. Where such standards and codes are national or relate to a
particular country or region, other authoritative standards that ensure substantial equivalence
to the standards and codes specified will be acceptable.
Reference to brand name and catalogue number should be avoided as far as possible; where
unavoidable they should always be followed by the words “or at least equivalent.”
References to brand names cannot be used when the funding source is the GOP.
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Where appropriate, drawings, including site plans as required, may be furnished by the
Procuring Entity with the Bidding Documents. Similarly, the Supplier may be requested to
provide drawings or samples either with its Bid or for prior review by the Procuring Entity
during contract execution.
Bidders are also required, as part of the technical specifications, to complete their statement
of compliance demonstrating how the items comply with the specification.
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Technical Specifications
Item Specification Statement of Compliance
(Please refer to separate sheet)
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[Use this form for Framework Agreement:]
Technical Specifications
TECHNICAL SPECIFICATIONS
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Section VIII. 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.
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Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE
Technical Documents
(e) 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
(f) 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
(g) 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
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Financial Documents
(m) 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, for the preceding
calendar year which should not be earlier than two (2) years from the date of
bid submission; and
(p) Original of duly signed and accomplished Financial Bid Form; and
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