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PHILIPPINE BIDDING DOCUMENTS
(As Harmonized with Development Partners) PROCUREMENT OF MEDICINES AND MEDICAL & DENTAL SUPPLIES & EQUIPMENT (REBID) BFP BAC IB No. 2013-05(R) Government of the Republic of the Philippines BUREAU OF FIRE PROTECTION
National Headquarters
Fourth Edition
These Philippine Bidding Documents (PBDs) for the procurement of Goods through Competitive Bidding have been prepared by the Government of the Philippines (GOP) for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the government, including government-owned and/or -control ed corporations (GOCCs), government financial institutions (GFIs), state universities and col eges (SUCs), and local government units (LGUs). The procedures and practices presented in this document have been developed through broad experience, and are for mandatory1 use in projects that are financed in whole or in part by the GOP or any foreign government/foreign or international financing institution in accordance with the provisions of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184. The Bidding Documents shall clearly and adequately define, among others: (a) the objectives, scope, and expected outputs and/or results of the proposed contract; (b) the eligibility requirements of bidders, such as track record to be determined by the Head of the Procuring Entity; (c) the expected contract duration, the estimated quantity in the case of procurement of goods, delivery schedule and/or time frame; and (d) the obligations, duties, and/or functions of the winning bidder. In order to simplify the preparation of the Bidding Documents for each procurement, the PBDs groups the provisions that are intended to be used unchanged in Section II. Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data and provisions specific to each procurement and contract should be included in Section III. Bid Data Sheets (BDS); and Section V. Special Conditions of Contract (SCC); Section VI. Schedule of Requirements; Section VII. Technical Specifications, and Section IX. Foreign- Assisted Projects. This forms to be used are provided in Section VIII. Bidding Forms. Care should be taken to check the relevance of the provisions of the PBDs against the requirements of the specific Goods to be procured. In addition, 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, except for the notes introducing Section VIII. Bidding Documents where the information is useful for the Bidder. The fol owing general directions should be observed when using the documents: 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 Project. Specific details, such as the name of the Procuring Entity and address for bid submission, should be furnished in the ITB, BDS, and SCC. The final documents should contain neither blank spaces nor options. 1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign government/foreign or international financing institution procurement guidelines. This Preface and the footnotes or notes in italics included in the Invitation to Bid, BDS, SCC, 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 fol ow. The Bidding Documents should contain no footnotes except Section VIII. Bidding Documents since these provide important guidance to Bidders. The cover should be modified as required to identify the Bidding Documents as to the names of the Project, Contract, and Procuring Entity, in addition to If modifications must be made to bidding procedures, they can be presented in the BDS. Modifications for specific Project or Contract details should be provided in the SCC as amendments to the Conditions of Contract. For easy completion, whenever reference has to be made to specific clauses in the BDS or SCC these terms shal be printed in bold type face on Section I. Instructions to Bidders and Section III. General Conditions of Contract, respectively. TABLE OF CONTENTS
Section I. Invitation to Bid

Republic of the Philippines
DEPARTMENT OF THE INTERI OR AND LOCAL GOVERNMENT
BUREAU OF FIR
E PROTECTION
NATIONAL HEA DQUARTERS Agham Road, Brgy. Bagong P ag-asa, Diliman, Quezon City INVITATI ON TO BID
OF MEDICINES AND MEDICAL
& DENTAL SUPPLIES AND EQUIPMENT (REBID)
BFP BAC IB No. 2013-05(R)
The Bureau of Fire Protection, through the General Appropriations Act of 2013 intends to apply the sum of One Million One Hundred Sixty Seven Thousand Four Hundred Fifty One and 30/100 Pesos (Php1,167,451.30) being the Approved Budget for the Contract (ABC) to payments under the contract for the Procurement of Medicines and Medical & Dental Supplies (REBID). Bids received in excess of the ABC shal be automatical y rejected at bid opening. The BFP now invites bids for the procurement of the above-captioned package. Delivery of the Goods is required within thirty (30) calendar days after the receipt of Notice to Proceeds. 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. Instructions to Bidders. Bidding wil be conducted through open competitive bidding procedures using a non- discretionary "pass/fail" criterion as specified in the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the "Government Procurement Reform 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 5183 and subject to Commonwealth Act 138. Interested bidders may obtain further information from Office of the BAC Secretariat, 5th Floor, Supply Management Division, BFP National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City and inspect the Bidding Documents at the address given above during office hours [8:00 AM to 5:00 PM, Monday to Friday]. A complete set of Bidding Documents may be purchased by interested Bidders starting from 06 November 2013 and upon payment of a nonrefundable fee for the Bidding Documents in the amount of Five Hundred Pesos (Php500.00). It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, Provided that Bidders who decided to participate shal pay the nonrefundable fee for the Bidding Documents not later than the submission of their bids. Bids must be delivered at Office of the BFP BAC Secretariat, 5th Floor, Supply Management Division, BFP National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City on or before 1100H 14 November 2013 using the Clock in that Office as the official time of the BAC NHQ. Al prospective bidders are advised to strictly observe the official time of submission. All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause
Bid opening shal be on1130H 14 November 2013 at BFP Conference Room, 7th Floor, BFP National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City. Bids wil be opened in the presence of the Bidders' representatives who choose to attend at the above-cited address. Late bids shal not be accepted. The BFP adopts a Registry System as provided in Section 23.4 of the revised IRR of RA 9184 to Bidders who are included in the List of BFP BAC Registry of Bidders and may request for a Certification to that effect at Office of the BFP BAC Secretariat, 5th Floor, Supply Management Division, BFP National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City, every Monday and Friday, during office hours [8:00 AM to 5:00 PM] with a minimum fee of Php500.00 for the Calendar Year. The BFP reserves the right to waive any formality in the responses to the eligibility requirements and to this invitation. BFP further reserves the right to reject any and all proposals, or declare a failure of bidding, or not award the contract, and makes no assurance that contract shall be entered into as a result of this invitation as well as to impose additional terms and conditions without thereby incurring any liability in accordance with Republic Act No. 9184 and its Implementing Rules and Regulations. For further information, please refer to: BFP BAC Secretariat Bureau of Fire Protection Agham Road, Brgy. Bagong Pag-asa, Quezon City Telfax. No. (02) 426-9537/426-3847 (ORIGINAL SIGNED) CSUPT RODRIGO R ABRAZALDO, BFP
Chief Directorial Staff and Chairman, BFP BAC Section II. Instructions to Bidders
TABLE OF CONTENTS
A. General
Scope of Bid
1.1. The procuring entity named in the (hereinafter referred to as the "Procuring Entity") wishes to receive bids for supply and delivery of the goods as described in Section VII. Technical Specifications (hereinafter referred to as the "Goods"). 1.2. The name, identification, and number of lots specific to this bidding are provided in the The contracting strategy and basis of evaluation of lots is described in ITB Clause Source of Funds
The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the and in the amount indicated in the It intends to apply part of the funds received for the Project, as defined in the to cover eligible payments under the contract. Corrupt, Fraudulent, Collusive, and Coercive Practices
3.1. Unless otherwise specified in the 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. In pursuance of this policy, the Procuring Entity: defines, for purposes of this provision, the terms set forth below as "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019. "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes col usive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non- competitive levels and to deprive the Procuring Entity of the benefits of free and open competition. (i i) "col usive practices" means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. (iv) "coercive practices" means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; "obstructive practice" is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or col usive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or (bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract. 3.2. Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (f) A Bidder has controlling shareholders in common with another Bidder; A Bidder receives or has received any direct or indirect subsidy from any other Bidder; A Bidder has the same legal representative as that of another Bidder for purposes of this bid; A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project; A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid. 4.2. In accordance with Section 47 of the IRR of RA 9184, al Bidding Documents shal be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, this Clause shall apply to the fol owing persons: If the Bidder is an individual or a sole proprietorship, to the Bidder If the Bidder is a partnership, to al its officers and members; If the Bidder is a corporation, to al its officers, directors, and control ing stockholders; and If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate. Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder. Eligible Bidders
5.1. Unless otherwise provided in the the fol owing persons shall be eligible to participate in this bidding: Duly licensed Filipino citizens/sole proprietorships; Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; and Unless otherwise provided in the persons/entities forming themselves into a JV, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that Filipino ownership or interest of the joint venture concerned shal be at least sixty percent 5.2. Foreign bidders may be eligible to participate when any of the following circumstances exist, as specified in the When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR al ow foreign bidders to 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 When the Goods sought to be procured are not available from local When there is a need to prevent situations that defeat competition or 5.3. Government corporate entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity. 5.4. Unless otherwise provided in thethe Bidder must have completed at least one contract similar to the Project the value of which, adjusted to current prices using the National Statistics Office consumer price index, must be at least equivalent to a percentage of the ABC stated in the For this purpose, contracts similar to the Project shal be those described in the and completed within the relevant period stated in the Invitation to Bid and ITB Clause
5.5. The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded the contract for this Project (CLC). The NFCC, computed using the following formula, must be at least equal to the ABC to be bid: NFCC = [(Current assets minus current liabilities) (K)] minus the value of al outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project. K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The CLC must be at least equal to ten percent (10%) of the ABC for this Project. If issued by a foreign bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. In the case of local government units (LGUs), the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas (BSP) as authorized to issue such financial instrument. Bidder's Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII. Bidding Forms as required in ITB Clause
6.2. The Bidder is responsible for the fol owing: Having taken steps to carefully examine all of the Bidding Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract; Having made an estimate of the facilities available and needed for the contract to be bid, if any; Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause
Ensuring that it is not "blacklisted" or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB; Ensuring that 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 Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify al the documents submitted; Ensuring that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and al acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary's Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019; and Complying with existing labor laws and standards, in the case of procurement of services. Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned. 6.3. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. 6.4. It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to al matters pertaining to the contract to be bid, including: (a) the location and the nature of this Project; (b) climatic conditions; (c) transportation facilities; and (d) other factors that may affect the cost, duration, and execution or implementation of this Project. 6.5. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity. 6.6. The Bidder shall bear all costs associated with the preparation and submission of his bid, and the Procuring Entity will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 6.7. Before submitting their bids, the Bidder is deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way. 6.8. The Bidder should note that the Procuring Entity will accept bids only from those that have paid the nonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid. Origin of Goods
Unless otherwise indicated in the there is no restriction on the origin of goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause
8.1. Unless otherwise specified in the the Bidder may subcontract portions of the Goods to an extent as may be approved by the Procuring Entity and stated in the However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this 8.2. Subcontractors must comply with the eligibility criteria and the documentary requirements specified in the In the event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Goods shal be disallowed. 8.3. The Bidder may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid. B. Contents of Bidding Documents
Pre-Bid Conference
9.1. (a) If so specified in the a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Bidders' questions on the technical and financial components of this Project. (b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids. If the Procuring Entity determines that, by reason of the method, nature, or complexity of the contract to be bid, or when international participation will be more advantageous to the GOP, a longer period for the preparation of bids is necessary, the pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids, as specified in 9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity's requirements. Non-attendance of the Bidder will in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents discussed during the pre-bid conference. 9.3. Any statement made at the pre-bid conference shal not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin. 10. Clarification and Amendment of Bidding Documents
10.1. Bidders who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation. Such request must be in writing and submitted to the Procuring Entity at the address indicated in theat least ten (10) calendar days before the deadline set for the submission and receipt of bids. 10.2. Supplemental/Bid Bulletins may be issued upon the Procuring Entity's initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the Bidding Documents shal be identified as an amendment. 10.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental/Bid Bul etin must be informed and al owed to modify or withdraw their bids in accordance with ITB Clause
C. Preparation of Bids
11. Language of Bid
The bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Procuring Entity, shall be written in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern for purposes of interpretation of the bid. 12. Documents Comprising the Bid: Eligibility and Technical
Components
12.1. Unless otherwise indicated in the the first envelope shall contain the fol owing eligibility and technical documents: Eligibility Documents – Class "A" Documents: Registration certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives, or any proof of such registration as Mayor's permit issued by the city or municipality where the principal place of business of the prospective bidder is located; (i i) Statement of all its ongoing and completed government and private contracts within the period stated in the including contracts awarded but not yet started, if any. The statement shal include, for each contract, the fol owing: (i i.1) name of the contract; (i i.2) date of the contract; (i i.3) kinds of Goods; (i i.4) amount of contract and value of outstanding contracts; (i i.5) date of delivery; and (i i.6) end user's acceptance or official receipt(s) issued for the contract, if completed. (iv) Audited financial statements, stamped "received" by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions, for the preceding calendar year, which should not be earlier than two (2) years from bid submission; NFCC computation or CLC in accordance with ITB Clause
Class "B" Document: (vi) If applicable, the 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 Technical Documents – Bid security in accordance with ITB Clause If the Bidder
opts to submit the bid security in the form of: (i.1) a bank draft/guarantee or an irrevocable letter of credit issued by a foreign bank, it shall be accompanied by a confirmation from a Universal or Commercial Bank; or (i.2) a surety bond, it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such Conformity with technical specifications, as enumerated and specified in Sections VI and VII of the Bidding Documents; (i i) Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed in Section VIII. 13. Documents Comprising the Bid: Financial Component
13.1. Unless otherwise stated in the the financial component of the bid shall contain the fol owing: Financial Bid Form, which includes bid prices and the bill of quantities and the applicable Price Schedules, in accordance with ITB Clauses
If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a certification from the DTI, SEC, or CDA issued in accordance with ITB Clause unless otherwise provided in the BDS; and
Any other document related to the financial component of the bid as 13.2. (a) Unless otherwise stated in the al bids that exceed the ABC shall not be accepted. (b) Unless otherwise indicated in the for foreign-funded procurement, a ceiling may be applied to bid prices provided the fol owing conditions are met: (i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the procuring entity, payment could be made upon the submission of bids. (i ) The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be (i i) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. (iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer's/procuring entity's estimate. (v) The procuring entity has established a system to monitor and report bid prices relative to ABC and procuring entity's estimate. The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works. 14. Alternative Bids
Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes. 15. Bid Prices
15.1. The Bidder shal complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project. 15.2. The Bidder shall fill in rates and prices for al items of the Goods described in the Bill of Quantities. Bids not addressing or providing al of the required items in the Bidding Documents including, where applicable, Bill of Quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the 15.3. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shal be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris. 15.4. Prices indicated on the Price Schedule shal be entered separately in the fol owing manner: For Goods offered from within the Procuring Entity's country: The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable: (i.1) on the components and raw material used in the manufacture or assembly of Goods quoted ex works or (i.2) on the previously imported Goods of foreign origin quoted ex warehouse, ex showroom, or off-the-shelf and any Procuring Entity country sales and other taxes which will be payable on the Goods if the contract is The price for inland transportation, insurance, and other local costs incidental to delivery of the Goods to their final (i i) The price of other (incidental) services, if any, listed in the For Goods offered from abroad: Unless otherwise stated in the the price of the Goods shal be quoted DDP with the place of destination in the Philippines as specified in the 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. The price of other (incidental) services, if any, listed in the 15.5. Prices quoted by the Bidder shall be fixed during the Bidder's performance of the contract and not subject to variation or price escalation on any account. A bid submitted with an adjustable price quotation shall be treated as non- responsive and shal be rejected, pursuant to ITB Clause
All bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances. Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the Procuring Entity. Nevertheless, in cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regulations, or other acts of the GOP, promulgated after the date of bid opening, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis. 16. Bid Currencies
16.1. Prices shall be quoted in the fol owing currencies: For Goods that the Bidder will supply from within the Philippines, the prices shal be quoted in Philippine Pesos. For Goods that the Bidder will supply from outside the Philippines, the prices may be quoted in the currency(ies) stated in the However, for purposes of bid evaluation, bids denominated in foreign currencies shal be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bul etin on the day of the bid 16.2. If so al owed in accordance with ITB Clause the Procuring Entity for
purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates. 16.3. Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos. 17. Bid Validity
17.1. Bids shal remain valid for the period specified in thewhich shall not exceed one hundred twenty (120) calendar days from the date of the opening 17.2. In exceptional circumstances, prior to the expiration of the Bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clause 18 should also be extended corresponding to
the extension of the bid validity period at the least. A Bidder may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the request shal not be required or permitted to modify its bid. 18. Bid Security
18.1. The bid security in the amount stated in the shall be equal to the percentage of the ABC in accordance with the following schedule: Form of Bid Security Amount of Bid Security (Equal to Percentage of the ABC) (a) Cash or cashier's/manager's check issued by a Universal or Commercial Bank. irrevocable letter of credit issued by a Universal or Commercial Two percent (2%) Bank: Provided, however, that it authenticated by a Universal or Commercial Bank, if issued by a (c) Surety bond callable upon demand issued by a surety or Five percent (5%) insurance company duly certified by the Insurance Commission as authorized to issue such security. (d) Any combination of the Proportionate to share of form with respect to total amount of security For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashier's/manager's check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement. 18.2. The bid security should be valid for the period specified in the Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive. 18.3. No bid securities shall be returned to bidders after the opening of bids and before contract signing, except to those that failed or declared as post- disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. Without prejudice on its forfeiture, bid securities shall be returned only after the bidder with the Lowest Calculated and Responsive Bid has signed the contract and furnished the performance security, but in no case later than the expiration of the bid security validity period indicated in ITB Clause
18.4. Upon signing and execution of the contract pursuant to ITB Clause and the
posting of the performance security pursuant to ITB Clause the successful
Bidder's bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause
18.5. The bid security may be forfeited: withdraws its bid during the period of bid validity specified in ITB Clause
does not accept the correction of errors pursuant to ITB Clause
(i i) fails to submit the requirements within the prescribed period or a finding against their veracity as stated in ITB Clause
(iv) submission of eligibility requirements containing false information or falsified documents; submission of bids that contain false information or falsified documents, or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding; (vi) al owing the use of one's name, or using the name of another for purposes of public bidding; (vii) withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the Lowest Calculated and Responsive Bid; (viii) refusal or failure to post the required performance security within the prescribed time; (ix) refusal to clarify or validate in writing its bid during post- qualification within a period of seven (7) calendar days from receipt of the request for clarification; any documented attempt by a bidder to unduly influence the outcome of the bidding in his favor; (xi) failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful; or (xii) al other acts that tend to defeat the purpose of the competitive bidding, such as habitually withdrawing from bidding, submitting late Bids or patently insufficient bid, for at least three (3) times within a year, except for valid reasons. if the successful Bidder: fails to sign the contract in accordance with ITB Clause or
fails to furnish performance security in accordance with ITB
19. Format and Signing of Bids
19.1. Bidders shal submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Bidding Forms on or before the deadline specified in the ITB Clausesin two (2) separate sealed
bid envelopes, and which shal be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause and the second shall contain the
financial component of the bid. 19.2. Forms as mentioned in ITB Clause must be completed without any
alterations to their format, and no substitute form shal be accepted. All blank spaces shal be filled in with the information requested. 19.3. The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses and In the event of any
discrepancy between the original and the copies, the original shall prevail. 19.4. The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of 19.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidder. 20. Sealing and Marking of Bids
20.1. Bidders shall enclose their original eligibility and technical documents described in ITB Clausein one sealed envelope marked "ORIGINAL -
TECHNICAL COMPONENT", and the original of their financial component in another sealed envelope marked "ORIGINAL - FINANCIAL COMPONENT", sealing them all in an outer envelope marked "ORIGINAL 20.2. Each copy of the first and second envelopes shal be similarly sealed duly marking the inner envelopes as "COPY NO. _ - TECHNICAL COMPONENT" and "COPY NO. _ – FINANCIAL COMPONENT" and the outer envelope as "COPY NO. _", respectively. These envelopes containing the original and the copies shall then be enclosed in one single 20.3. The original and the number of copies of the Bid as indicated in theshall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s. 20.4. All envelopes shall: contain the name of the contract to be bid in capital letters; bear the name and address of the Bidder in capital letters; be addressed to the Procuring Entity's BAC in accordance with ITB
bear the specific identification of this bidding process indicated in the ITB Clause 1.2; and
bear a warning "DO NOT OPEN BEFORE…" the date and time for the opening of bids, in accordance with ITB Claus
20.5. If bids are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid. D. Submission and Opening of Bids
21. Deadline for Submission of Bids
Bids must be received by the Procuring Entity's BAC at the address and on or before the date and time indicated in the 22. Late Bids
Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause shall be declared "Late" and shall
not be accepted by the Procuring Entity. 23. Modification and Withdrawal of Bids
23.1. The Bidder may modify its bid after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be al owed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as "TECHNICAL MODIFICATION" or "FINANCIAL MODIFICATION" and stamped "received" by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened. 23.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. 23.3. Bids requested to be withdrawn in accordance with ITB Clauseshall be
returned unopened to the Bidders. A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract. 23.4. No bid may be modified after the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder's bid security, pursuant to ITB Clause and the
imposition of administrative, civil and criminal sanctions as prescribed by RA 9184 and its IRR. 24. Opening and Preliminary Examination of Bids
24.1. The BAC shall open the first bid envelopes of Bidders in public as specified in the to determine each Bidder's compliance with the documents prescribed in ITB Clause For this purpose, the BAC shal check the
submitted documents of each bidder against a checklist of required documents to ascertain if they are al present, using a non-discretionary "pass/fail" criterion. If a bidder submits the required document, it shall be rated "passed" for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as "failed". Otherwise, the BAC shall rate the said first bid envelope as "passed". 24.2. Unless otherwise specified in the BDS, immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated "passed". The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clause the BAC
shal rate the bid concerned as "failed". Only bids that are determined to contain al the bid requirements for both components shall be rated "passed" and shall immediately be considered for evaluation and comparison. 24.3. Letters of withdrawal shall be read out and recorded during bid opening, and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened. If the withdrawing Bidder's representative is in attendance, the original bid and all copies thereof shall be returned to the representative during the bid opening. If the representative is not in attendance, the bid shall be returned unopened by registered mail. The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids, provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal, subject to appropriate administrative sanctions. 24.4. If a Bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above-enumerated Class "A" Documents, the said certification may be submitted in lieu of the requirements enumerated in ITB Clause items (i) to (v).
24.5. In the case of an eligible foreign Bidder as described in ITB Clause the
Class "A" Documents described in ITB Clause may be substituted
with the appropriate equivalent documents, if any, issued by the country of the foreign Bidder concerned. 24.6. Each partner of a joint venture agreement shal likewise submit the requirements in ITB Clauses and Submission of
documents required under ITB Clausestoby any of the
joint venture partners constitutes compliance. 24.7. A Bidder determined as "failed" has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned: Provided, further, that the BAC shal decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed Bidder signifies his intent to file a motion for reconsideration, the BAC shall keep the bid envelopes of the said failed Bidder unopened and/or duly sealed until such time that the motion for reconsideration or protest has been 24.8. The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shal include, as a minimum: (a) names of Bidders, their bid price, bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shal sign the abstract of bids as read. E. Evaluation and Comparison of Bids
25. Process to be Confidential
25.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise al owed in the case of ITB
25.2. Any effort by a bidder to influence the Procuring Entity in the Procuring Entity's decision in respect of bid evaluation, bid comparison or contract award wil result in the rejection of the Bidder's bid. 26. Clarification of Bids
To assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests for clarification shal be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the Procuring Entity shall not be considered. 27. Domestic Preference
27.1. Unless otherwise stated in the the Procuring Entity will grant a margin of preference for the purpose of comparison of bids in accordance with the The preference shall be applied when (i) the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder, or (i ) the lowest bid offered by a non-Philippine national is lower than the lowest bid offered by a Domestic Entity. For evaluation purposes, the lowest Foreign Bid or the bid offered by a non-Philippine national shall be increased by fifteen percent (15%). In the event that (i) the lowest bid offered by a Domestic Entity does not exceed the lowest Foreign Bid as increased, or (i ) the lowest bid offered by a non-Philippine national as increased, then the Procuring Entity shall award the contract to the Domestic Bidder/Entity at the amount of the lowest Foreign Bid or the bid offered by a non- Philippine national, as the case may be. If the Domestic Entity/Bidder refuses to accept the award of contract at the amount of the Foreign Bid or bid offered by a non-Philippine national within two (2) calendar days from receipt of written advice from the BAC, the Procuring Entity shall award to the bidder offering the Foreign Bid or the non-Philippine national, as the case may be, subject to post-qualification and submission of al the documentary requirements under these Bidding Documents. 27.2. A Bidder may be granted preference as a Domestic Entity subject to the certification from the DTI (in case of sole proprietorships), SEC (in case of partnerships and corporations), or CDA (in case of cooperatives) that the (a) sole proprietor is a citizen of the Philippines or the partnership, corporation, cooperative, or association is duly organized under the laws of the Philippines with at least seventy five percent (75%) of its interest or outstanding capital stock belonging to citizens of the Philippines, (b) habitually established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid, and (c) the business has been in existence for at least five (5) consecutive years prior to the advertisement and/or posting of the Invitation to Bid for this Project. 27.3. A Bidder may be granted preference as a Domestic Bidder subject to the certification from the DTI that the Bidder is offering unmanufactured articles, materials or supplies of the growth or production of the Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplies of the growth, production, or manufacture, as the case may be, of the 28. Detailed Evaluation and Comparison of Bids
28.1. The Procuring Entity will undertake the detailed evaluation and comparison of bids which have passed the opening and preliminary examination of bids, pursuant to ITB Clause in order to determine the Lowest Calculated Bid.
28.2. The Lowest Calculated Bid shal be determined in two steps: The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and The ranking of the total bid prices as so calculated from the lowest to the highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid. 28.3. The Procuring Entity's BAC shal immediately conduct a detailed evaluation of all bids rated "passed," using non-discretionary pass/fail criteria. Unless otherwise specified in thethe BAC shall consider the fol owing in the evaluation of bids: Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shal be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Procuring Entity; and Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of al eligible bids. It may also consider bid modifications, if allowed in the Any adjustment shall be calculated in monetary terms to determine the calculated prices. 28.4. Based on the detailed evaluation of bids, those that comply with the above- mentioned requirements shal be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shal not be considered, unless otherwise indicated in the 28.5. The Procuring Entity's evaluation of bids shall only be based on the bid price quoted in the Financial Bid Form. 28.6. Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, al bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison. 29. Post-Qualification
29.1. The Procuring Entity shal determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB) complies with and is responsive to al the requirements and conditions specified in ITB
29.2. Within a non-extendible period of three (3) calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the fol owing documentary requirements: Tax clearance per Executive Order 398, Series of 2005; Latest income and business tax returns in the form specified in the Certificate of PhilGEPS Registration; and Other appropriate licenses and permits required by law and stated in Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause or a finding against the veracity of such shall be ground for forfeiture of the bid security and disqualification of the Bidder 29.3. The determination shall be based upon an examination of the documentary evidence of the Bidder's qualifications submitted pursuant to ITB Clauses
an as well as other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary "pass/fail" criterion. 29.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes al the criteria for post-qualification, it shall declare the said bid as the Lowest Calculated Responsive Bid, and recommend to the Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or its calculated bid price, whichever is lower. 29.5. A negative determination shall result in rejection of the Bidder's Bid, in which event the Procuring Entity shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder's capabilities to perform satisfactorily. If the second Bidder, however, fails the post qualification, the procedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid, and so on until the Lowest Calculated Responsive Bid is determined for contract award. 29.6. Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. In the case of GOCCs and GFIs, the period provided herein shall be fifteen (15) calendar days. 30. Reservation Clause
30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder's capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract. 30.2. Based on the fol owing grounds, the Procuring Entity reserves the right to reject any and al bids, declare a failure of bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shal be entered into as a result If there is prima facie evidence of col usion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the col usion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; If the Procuring Entity's BAC is found to have failed in fol owing the prescribed bidding procedures; or For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as fol ows: If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity; If the project is no longer necessary as determined by the head of the procuring entity; and (i i) If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity. 30.3. In addition, the Procuring Entity may likewise declare a failure of bidding No bids are received; All prospective Bidders are declared ineligible; All bids fail to comply with al the bid requirements or fail post- qualification; or The Bidder with the Lowest Calculated Responsive Bid (LCRB) refuses, without justifiable cause to accept the award of contract, and no award is made. F. Award of Contract
31. Contract Award
31.1. Subject to ITB Clause the Procuring Entity shal award the contract to the
Bidder whose bid has been determined to be the LCRB. 31.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted, through a Notice of Award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Bidder with the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity. 31.3. Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the fol owing conditions: Submission of the valid JVA, if applicable, within ten (10) calendar days from receipt by the Bidder of the notice from the BAC that the Bidder has the LCRB; Posting of the performance security in accordance with ITB Clause
Signing of the contract as provided in ITB Clause and
Approval by higher authority, if required. 31.4. At the time of contract award, the Procuring Entity shall not increase or decrease the quantity of goods originally specified i 32. Signing of the Contract
32.1. At the same time as the Procuring Entity notifies the successful Bidder that its bid has been accepted, the Procuring Entity shall send the Contract Form to the Bidder, which contract has been provided in the Bidding Documents, incorporating therein all agreements between the parties. 32.2. Within ten (10) calendar days from receipt of the Notice of Award, the successful Bidder shall post the required performance security and sign and date the contract and return it to the Procuring Entity. 32.3. The Procuring Entity shall enter into contract with the successful Bidder within the same ten (10) calendar day period provided that al the documentary requirements are complied with. 32.4. The fol owing documents shall form part of the contract: Contract Agreement; Bidding Documents; Winning bidder's bid, including the Technical and Financial Proposals, and all other documents/statements submitted; Performance Security; Credit line in accordance with ITB Clause if applicable;
Notice of Award of Contract; and Other contract documents that may be required by existing laws and/or specified in the 33. Performance Security
33.1. To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shal post a performance security within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract. 33.2. The performance security shal be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the fol owing schedule: Amount of Performance Security Form of Performance Security (Equal to Percentage of the Total (a) Cash or cashier's/manager's check issued by a Universal or Commercial Bank. irrevocable letter of credit issued by a Universal or Five percent (5%) Commercial Bank: Provided, however, that it shal be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or certified by the Insurance Thirty percent (30%) Commission as authorized to issue such security; and/or (d) Any combination of the Proportionate to share of form with respect to total amount of security 33.3. Failure of the successful Bidder to comply with the above-mentioned requirement shal constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall be repeated until the LCRB is identified and selected for contract award. However if no Bidder passed post-qualification, the BAC shal declare the bidding a failure and conduct a re-bidding with re- 34. Notice to Proceed
34.1. Within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder. 34.2. The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity, which date shal not be later than seven (7) calendar days from the issuance of the Notice to Proceed. Section III. Bid Data Sheet
Bid Data Sheet
ITB Clause
The Procuring Entity is Bureau of Fire Protection The lot(s) and reference is/are: PROCUREMENT of MEDICINES and MEDICAL & DENTAL SUPPLIES
and EQUIPMENT (REBID)
The Funding Source is: The Government of the Philippines (GOP) through the General Appropriations Act CY 2013 in the amount of One Million One Hundred Sixty Seven Thousand Four Hundred Fifty One and 30/100 Pesos The name of the Project is: Procurement of Medicines and Medical & Dental Supplies and Equipment (REBID). No further instructions. No further instructions. None of the circumstances mentioned in the ITB Clause exists in this Project.
Foreign bidders, except those falling under ITB Clause may not
participate in this Project. The Bidder must have completed, three (3) years prior to the deadline of submission and receipt of bids, a single contract that is similar to this Project, and whose value, adjusted to current prices using the National Statistics Office (NSO) consumer price indices, must be at least fifty percent (50%) of For this purpose, similar contracts shall refer to: supply and delivery of medicines, medical, dental & laboratory supplies & equipment. No further instructions. Subcontracting is not al owed. Not applicable The Procuring Entity's address is: Bureau of Fire Protection National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City Telfax No. (02) 426-9537/426-3847 The Bidder shall submit the fol owing Eligibility and Technical Documents
arranged, numbered and tabbed as enumerated below.
Eligibility Documents- Class "A" Documents: 1) Registration certificate  For Sole Proprietorship – Department of Trade and Industry (DTI) business name registration;  For Corporations – Securities and Exchange Commission (SEC) Certificate of Registration or SEC Certificate of Filing of Amended Articles of Incorporation;  For Cooperatives – Cooperative Development Authority. 2) Valid and Current Mayor's permit issued by the city or municipality where the principal place of business of the prospective bidder is located. 3) Statement of the prospective bidder of all its on-going and completed government and private contracts within the last three (3) years, including contracts awarded but not yet started, if any, whether similar or not similar in nature or complexity to the contract to be bid, within the relevant period as provided in the Bidding Documents. Using SF-GOOD-13a, the Bidder is required to list al ongoing government and private contract within the last three (3) years including contract awarded but not yet started duly supported by documents as stipulated on the said Standard Form. (Annex C) For SF-GOOD-13b, the Bidder is required to list al government and private contracts completed which are similar in nature. However, submission of a single contract completed which are similar in nature equivalent to at least 50% of the ABC duly supported by documents as stipulated on the said Standard Form will suffice the requirement. (Annex D) 4) Audited Financial Statements (AFS) for year 2012, stamped "received" by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions. CPA's preparing such AFS must be accredited by the Board of Accountancy (BOA). 5) NFCC computation at least equal to ABC or CLC (10% of ABC) in accordance with ITB Clause 5.
Class "B" Document: 6) If applicable, the JVA in case of 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; and For Joint Venture Agreement, each member of the valid Joint Venture Agreement is mandatorily required to submit Class "A" Legal Documents on separate envelope. In the event that one of the members of the JVA is a foreign member company that is not doing business in the Philippines, the said foreign member company shal submit the appropriate equivalent Class "A" Legal Documents issued by the country of the said member foreign member company. The eligibility requirements or statements, the bids, and al other documents to be submitted to the BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines must accompany the eligibility requirements under Class "A" and "B" Documents if they are in other foreign language. The Joint Venture must also present Board Resolutions allowing the corporation to enter into JVA and specifying therein who will be the lead bidder and that the Joint Venture should be at least 60% Filipino ownership or interest. Standard Form Nr: SF-GOOD-17 shall be used and be acknowledged before a Notary Public. In the event that one of the members of the Joint Venture is a foreign company, the JVA shall be acknowledged before a Philippine Consulate of the country of the foreign member. Technical Documents 7) The bid security in the form, amount and 120 calendar days validity period in accordance with ITB Clause 18. If the Bidder opts to submit the bid security of: (a) a Cash or Cashier's/Manager's check issued by a Universal or Commercial Bank; (b) a Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shal be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank; (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; the surety bond shall be accompanied by a separate certification from the Insurance Commission that the Insurance Company is authorized to issue such surety bond callable upon demand and shal be project specific; (d) Any combination of the foregoing; or (e) Bid Securing Declaration in the form provided as contained in the GPPB Resolution No 03-2012 dated January 27, 2012. It is an undertaking which states, among others, that the bidder shall enter into contract with the procuring entity and furnishes the required performance security within ten (10) calendar days, or less as indicated in the Bidding Documents, from the receipt of the Notice of Award. 8) Duly accomplished and signed technical specifications (using the form as provided for in Section VII. Technical Specifications, pages 71-76 of the Bidding Documents, which also includes the
Production/delivery schedule. (If applicable) 9) Sworn statement by the Bidder or its duly authorized representative in accordance in the form prescribed by the GPPB as to the (a) It is not "blacklisted" or "barred" from bidding by the GOP or any of its agencies, offices, corporations or LGUs, including foreign government/ foreign or international financing institution whose blacklisting rules have been recognized by (b) 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 (c) It is authorizing the HOPE or his duly authorized representative/s to verify al the documents submitted; (d) The signatory is the duly authorized representative of the prospective bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/ or to represent the prospective bidder in the bidding, with the duly notarized Secretary's Certificate attesting to such fact, if the prospective bidder is a corporation, partnership, cooperative or (e) It complies with the disclosure provision under Section 47 of the RA 9184 in relation to other provisions of RA 3019; (f) It complies with the responsibilities of a prospective or eligible (i) Having taken steps to carefully examine all of the bidding (i ) Having knowledge on all conditions, local or otherwise, affecting the implementation of the contract; (i i) Having made an estimate of the facilities available and needed for the contract to be bid, if any; and (iv) Having complied with his responsibility as provided for under Section 22.5.1. 10) Duly notarized authority of the signatory based on 9.d above. Notarization of document shall comply with the 2004 Rules on Notarial Practice which limits competent evidence of identity to the following: (i) identification documents issued by an official agency bearing the photograph and signature of the individual i.e., passport, driver's license, SSS ID, GSIS e-card, etc.; and (i ) the oath of affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual and shows to the notary public documentary identification. Note: 2004 Rules on Notarial Practice which limits competent evidence of
identity shall apply to all documents that needs/requires notarization.
11) Other documentary requirement shall be the Income Tax Return for CY 2012 and business tax returns, both filed through EFPS within the last six months preceding the date of bid submission (2550Q – June and September of 2013. 2550M April, May, July and August 12) Warranty of goods shall be three (3) months after acceptance by the Procuring Entity of the delivered Goods or after the Goods are consumed whichever is earlier and one (1) year for medical, dental and laboratory supplies and equipment. No other acceptable proof of registration is recognized The statement of al ongoing and completed government and private contracts shal include all such contracts within three (3) year prior to the deadline for the submission and receipt of bids. The Bidder shall submit the fol owing Financial Proposal documents
arranged, numbered and tabbed as enumerated below:
(a) Duly accomplished and signed Bid Form; and (b) Duly accomplished and signed Price Schedule. The ABC is One Million One Hundred Sixty Seven Thousand Four Hundred Fifty One and 30/100 Pesos (Php1,167,451.30). Any bid with a financial component exceeding this amount shal not be accepted. No incidental services are required. Not applicable Bid prices shall be fixed. Adjustable price proposals shall be treated as non- responsive and shal be rejected. The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos. Bids will be valid until One Hundred Twenty (120) calendar days from the opening of bids. The bid security shall be in the fol owing amount: 1. The amount of Php23,349.026 [2% of ABC], if bid security is in cash, cashier's/manager's check, bank draft/guarantee or irrevocable letter of 2. The amount of Php58,372.565 [5% of ABC] if bid security is in Surety Bond cal able upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such 3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security. 4. Bid Securing Declaration in the form provided as contained in the GPPB Resolution No 03-2012 dated January 27, 2012. It is an undertaking which states, among others, that the bidder shall enter into contract with the procuring entity and shall furnish the required performance security within ten (10) calendar days, or less as indicated in the Bidding Documents, from the receipt of the Notice of Award. The bid security shall be valid until one hundred twenty (120) calendar days from opening of bids. Each Bidder shall submit one (1) original and two (2) duplicate copies of the first and second components of its bid. The address for submission of bids is Office of the BAC Secretariat, Rm. 502, Supply Management Division, BFP National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City. The deadline for submission of bids is on or before 1100H 14 November 2013 using the clock at the SMD (5th Floor) as the official time of the BAC NHQ. The place of bid opening is: BFP Conference Room, 7th Floor, BFP National Headquarters, Agham Road, Brgy. Bagong Pag-asa, Quezon City. The date and time of bid opening is 1130H 14 November 2013. No further instructions. No further instructions. All items to be grouped together to form one complete Lot that will be awarded to one Bidder to form one complete contract. The goods are grouped in a single lot and the lot shall not be divided into sub- lots for the purpose of bidding, evaluation, and contract award. A bidder may modify its bid, provided that this is done before the deadline for the submission and receipt of bids. Where a bidder modifies its bid, it shall not be al owed to retrieve its original bid, but shal only be allowed to send another bid equally sealed, properly identified, linked to its original bid and marked as a "modification," thereof, and stamped "received" by the BAC. Bid modifications received after the applicable deadline shal not be considered and shal be returned to the bidder unopened [Section 26.1, Revised Implementing Rules and Regulations of the RA 9184]. No further instructions. Latest Tax Clearance for 2013 is required. Conditional Tax Clearance Certificate is not acceptable. The LCB shall submit the following documentary requirements within a non-
extendible period of three (3) calendar days from receipt of the notification.
(a) Tax clearance certificate issued by BIR main office Col ection Enforcement Division (per Executive Order 398, Series of 2005); (b) Valid and current Certificate of PhilGEPS Registration; (c) BIR Registration Certification, which contains the Taxpayer's Identification Number; (d) Valid and current License to Operate (LTO) and its List of Sources issued by FAD of the DOH/BFAD; and (e) Valid and current Certificate of Product Registration (CPR) issued by FAD of the DOH/BFAD; Failure of the Bidder declared as LCB to duly submit the requirements stated above or a finding against the veracity of such shall be ground for forfeiture of the bid security and disqualification the Bidder for award. Section IV. General Conditions of Contract
TABLE OF CONTENTS
Definitions
1.1. In this Contract, the fol owing terms shal be interpreted as indicated: "The Contract" means the agreement entered into between the Procuring Entity and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual "The Goods" means all of the supplies, equipment, machinery, spare parts, other materials and/or general support services which the Supplier is required to provide to the Procuring Entity under the "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as instal ation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract. "GCC" means the General Conditions of Contract contained in this "SCC" means the Special Conditions of Contract. "The Procuring Entity" means the organization purchasing the Goods, "The Procuring Entity's country" is the Philippines. "The Supplier" means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the The "Funding Source" means the organization named in the "The Project Site," where applicable, means the place or places named "Day" means calendar day. (m) The "Effective Date" of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provided in the Notice to Proceed. Performance of all obligations shall be reckoned from the Effective Date of the Contract. "Verified Report" refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate. Corrupt, Fraudulent, Collusive, and Coercive Practices
2.1. Unless otherwise provided in the the Procuring Entity as well as the bidders, contractors, or suppliers shal observe the highest standard of ethics during the procurement and execution of this Contract. In pursuance of this policy, the Procuring Entity: defines, for the purposes of this provision, the terms set forth below as "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019. "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes col usive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non- competitive levels and to deprive the Procuring Entity of the benefits of free and open competition. (i i) "col usive practices" means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. (iv) "coercive practices" means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; "obstructive practice" is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or col usive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or (bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract. 2.2. Further the Funding Source, Borrower or Procuring Entity, as appropriate, will seek to impose the maximum civil, administrative and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with any of the practices mentioned in GCC Clause
Inspection and Audit by the Funding Source
The Supplier shall permit the Funding Source to inspect the Supplier's accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source. Governing Law and Language
4.1. This Contract shal be interpreted in accordance with the laws of the Republic of the Philippines. 4.2. This Contract has been executed in the English language, which shall be the binding and controlling language for al matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shal be written in 5.1. Any notice, request, or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request, or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram, or facsimile to such Party at the address specified in the which shall be effective when delivered and duly received or on the notice's effective date, whichever is later. 5.2. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in thefor GCC
Scope of Contract
6.1. The GOODS and Related Services to be provided shall be as specified in 6.2. This Contract shal 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. Any additional requirements for the completion of this Contract shal be provided in the 7.1. Subcontracting of any portion of the Goods, if allowed in the BDS, does not
relieve the Supplier of any liability or obligation under this Contract. The Supplier will be responsible for the acts, defaults, and negligence of any subcontractor, its agents, servants or workmen as fully as if these were the Supplier's own acts, defaults, or negligence, or those of its agents, servants or 7.2. Subcontractors disclosed and identified during the bidding may be changed during the implementation of this Contract, subject to compliance with the required qualifications and the approval of the Procuring Entity. Procuring Entity's Responsibilities
8.1. Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits, approvals, import, and other licenses from local public authorities, the Procuring Entity shal , if so needed by the Supplier, make its best effort to assist the Supplier in complying with such requirements in a timely and expeditious manner. 8.2. The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with GCC Clause
9.1. For the given scope of work in this Contract as awarded, al bid prices are considered fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Section 61 of R.A. 9184 and its IRR or except as provided in this Clause. 9.2. Prices charged by the Supplier for Goods delivered and/or services performed under this Contract shal not vary from the prices quoted by the Supplier in its bid, with the exception of any change in price resulting from a Change Order issued in accordance with GCC Clause
10. Payment
10.1. Payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted. Except with the prior approval of the President no payment shall be
made for services not yet rendered or for supplies and materials not yet delivered under this Contract. Ten percent (10%) of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier's warranty obligations under this Contract as described in GCC Clause
10.2. The Supplier's request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed, and by documents submitted pursuant to the provision for GCC Clause and upon fulfillment of other
obligations stipulated in this Contract. 10.3. Pursuant to GCC Clause payments shall be made promptly by the
Procuring Entity, but in no case later than sixty (60) days after submission of an invoice or claim by the Supplier. 10.4. Unless otherwise provided in the SCC, the currency in which payment is made to the Supplier under this Contract shal be in Philippine Pesos. 11. Advance Payment and Terms of Payment
11.1. Advance payment shall be made only after prior approval of the President, and shal not exceed fifteen percent (15%) of the Contract amount, unless otherwise directed by the President or in cases allowed under Annex "D" of 11.2. For Goods supplied from abroad, the terms of payment shall be as fol ows: On Contract Signature: Ten percent (10%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. Bidding Forms. On Delivery: Seventy percent (70%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in theprovision on Delivery and Documents. On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entity's authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entity's authorized representative within forty five (45) days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entity's own verification of the reason(s) for the failure to issue documents (vii) and (viii) as described in theprovision on Delivery and Documents. 11.3. All progress payments shall first be charged against the advance payment until the latter has been fully exhausted. 12. Taxes and Duties
The Supplier, whether local or foreign, shal be entirely responsible for all the necessary taxes, stamp duties, license fees, and other such levies imposed for the completion of this Contract. 13. Performance Security
13.1. Within ten (10) calendar days from receipt of the Notice of Award 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 the forms prescribed in the ITB Clause
13.2. The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract. 13.3. The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. 13.4. The performance security may be released by the Procuring Entity and returned to the Supplier after the issuance of the Certificate of Final Acceptance subject to the fol owing conditions: There are no pending claims against the Supplier or the surety company filed by the Procuring Entity; The Supplier has no pending claims for labor and materials filed Other terms specified in the 13.5. In case of a reduction of the contract value, the Procuring Entity shall allow a proportional reduction in the original performance security, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance 14. Use of Contract Documents and Information
14.1. The Supplier shal not, except for purposes of performing the obligations in this Contract, without the Procuring Entity's prior written consent, disclose this Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. 14.2. Any document, other than this Contract itself, enumerated in GCC Clause
shall remain the property of the Procuring Entity and shall be returned (al copies) to the Procuring Entity on completion of the Supplier's performance under this Contract if so required by the Procuring Entity. 15. Standards
The Goods provided under this Contract shall conform to the standards mentioned in the Section VII. Technical Specifications; and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods' country of origin. Such standards shall be the latest issued by the institution concerned. 16. Inspection and Tests
16.1. The Procuring Entity or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity. Theand 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. 16.2. If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods' final destination. If conducted on the premises of the Supplier or its subcontractor(s), al reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. The Supplier shall provide the Procuring Entity with results of such inspections and tests. 16.3. The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in this Clause provided that the Procuring Entity shal bear al of its own costs and expenses incurred in connection with such attendance including, but not limited to, al traveling and board and lodging expenses. 16.4. The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Clause
16.5. The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, shall release the Supplier from any warranties or other obligations under this Contract. 17. Warranty
17.1. The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the technical specifications required by the Procuring Entity provides otherwise. 17.2. The Supplier further warrants that al Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 17.3. In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shal be required from the Supplier for a minimum period specified in the The obligation for the warranty shall be covered by, at the Supplier's option, either retention money in an amount equivalent to at least ten percent (10%) of the final payment, or a special bank guarantee equivalent to at least ten percent (10%) of the Contract Price or other such amount if so specified in the The said amounts shal only be released after the lapse of the warranty period specified in the provided, however, that the Supplies delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met. 17.4. The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shal , within the period specified in theand with al reasonable speed, repair or replace the defective Goods or parts thereof, without cost to the Procuring Entity. 17.5. If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in GCC Clause the Procuring Entity may proceed to
take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable 18. Delays in the Supplier's Performance
18.1. Delivery of the Goods and/or performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Procuring 18.2. If at any time during the performance of this Contract, the Supplier or its Subcontractor(s) should encounter conditions impeding timely delivery of the Goods and/or performance of Services, the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, and upon causes provided for under GCC Clause the Procuring Entity shall
evaluate the situation and may extend the Supplier's time for performance, in which case the extension shall be ratified by the parties by amendment of 18.3. Except as provided under GCC Clause a delay by the Supplier in the
performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause unless an extension of
time is agreed upon pursuant to GCC Clausewithout the application of
liquidated damages. 19. Liquidated Damages
Subject to GCC Clausesan if the Supplier fails to satisfactorily deliver any or
al of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted time extensions if any, the Procuring Entity shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shal be ten percent (10%) of the amount of contract. Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause without
prejudice to other courses of action and remedies open to it. 20. Settlement of Disputes
20.1. If any dispute or difference of any kind whatsoever shall arise between the Procuring Entity and the Supplier in connection with or arising out of this Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 20.2. If after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Procuring Entity or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is 20.3. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under this Contract. 20.4. In the case of a dispute between the Procuring Entity and the Supplier, the dispute shall be resolved in accordance with Republic Act 9285 ("R.A. 9285"), otherwise known as the "Alternative Dispute Resolution Act of 2004." 20.5. Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and the Procuring Entity shall pay the Supplier any monies due the Supplier. 21. Liability of the Supplier
21.1. The Supplier's liability under this Contract shall be as provided by the laws of the Republic of the Philippines, subject to additional provisions, if any, set 21.2. Except in cases of criminal negligence or willful misconduct, and in the case of infringement of patent rights, if applicable, the aggregate liability of the Supplier to the Procuring Entity shal not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment. 22. Force Majeure
22.1. The Supplier shal not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that the Supplier's delay in performance or other failure to perform its obligations under the Contract is the result of a force majeure. 22.2. For purposes of this Contract the terms "force majeure" and "fortuitous event" may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor. Such events may include, but not limited to, acts of the Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. 22.3. If a force majeure situation arises, the Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek al reasonable alternative means for performance not prevented by the force majeure. 23. Termination for Default
23.1. The Procuring Entity shal terminate this Contract for default when any of the fol owing conditions attends its implementation: Outside of force majeure, the Supplier fails to deliver or perform any or al of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier prior to the delay, and such failure amounts to at least ten percent (10%) of the contact price; As a result of force majeure, the Supplier is unable to deliver or perform any or al of the Goods, amounting to at least ten percent (10%) of the contract price, for a period of not less than sixty (60) calendar days after receipt of the notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have The Supplier fails to perform any other obligation under the Contract. 23.2. In the event the Procuring Entity terminates this Contract in whole or in part, for any of the reasons provided under GCC Clausesto the Procuring
Entity may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shal be liable to the Procuring Entity for any excess costs for such similar Goods or Services. However, the Supplier shal continue performance of this Contract to the extent not terminated. 23.3. In case the delay in the delivery of the Goods and/or performance of the Services exceeds a time duration equivalent to ten percent (10%) of the specified contract time plus any time extension duly granted to the Supplier, the Procuring Entity may terminate this Contract, forfeit the Supplier's performance security and award the same to a qualified Supplier. 24. Termination for Insolvency
The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Supplier. 25. Termination for Convenience
25.1. The Procuring Entity may terminate this Contract, in whole or in part, at any time for its convenience. The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has determined the existence of conditions that make Project Implementation economically, financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and national government 25.2. The Goods that have been delivered and/or performed or are ready for delivery or performance within thirty (30) calendar days after the Supplier's receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices. For Goods not yet performed and/or ready for delivery, the Procuring Entity may elect: to have any portion delivered and/or performed and paid at the contract terms and prices; and/or to cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier. 25.3. If the Supplier suffers loss in its initial performance of the terminated contract, such as purchase of raw materials for goods specially manufactured for the Procuring Entity which cannot be sold in open market, it shall be allowed to recover partially from this Contract, on a quantum meruit basis. Before recovery may be made, the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be 26. Termination for Unlawful Acts
26.1. The Procuring Entity may terminate this Contract in case it is determined prima facie that the Supplier has engaged, before or during the implementation of this Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Unlawful acts include, but are not limited to, Corrupt, fraudulent, and coercive practices as defined in ITB Clause
Drawing up or using forged documents; Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and Any other act analogous to the foregoing. 27. Procedures for Termination of Contracts
27.1. The following provisions shall govern the procedures for termination of this Upon receipt of a written report of acts or causes which may constitute ground(s) for termination as aforementioned, or upon its own initiative, the Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execution of a Verified Report, with al relevant evidence attached; Upon recommendation by the Implementing Unit, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveying the termination of this Contract. The notice that this Contract is being terminated for any of the ground(s) afore-mentioned, and a statement of the acts that constitute the ground(s) constituting the same; the extent of termination, whether in whole or in part; (i i) an instruction to the Supplier to show cause as to why this Contract should not be terminated; and (iv) special instructions of the Procuring Entity, if any. The Notice to Terminate shall be accompanied by a copy of the Verified Report; Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated. If the Supplier fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the Head of the Procuring Entity shall issue an order terminating this Contract; The Procuring Entity may, at any time before receipt of the Supplier's verified position paper described in item (d) above withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier's receipt of the notice; Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. It shall serve a written notice to the Supplier of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Supplier of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate; The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity; and The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The Contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity. 28. Assignment of Rights
The Supplier shall not assign his rights or obligations under this Contract, in whole or in part, except with the Procuring Entity's prior written consent. 29. Contract Amendment
Subject to applicable laws, no variation in or modification of the terms of this Contract shal be made except by written amendment signed by the parties. 30. Application
These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of this Contract. Section V. Special Conditions of Contract
Special Conditions of Contract
GCC Clause
The Procuring Entity is Bureau of Fire Protection The Supplier is [to be inserted at the time of contract award]. The Funding Source is the Government of the Philippines (GOP) through the General Appropriations Act CY 2013 in the amount of One Million One Hundred Sixty Seven Thousand Four Hundred Fifty One and 30/100 Pesos (Php1,167,451.30) The Project Site is the BFP National Headquarters. The Procuring Entity's address for Notices is: Bureau of Fire Protection National Headquarters, Agham Road, Brgy. Bagong Pag- asa, Quezon City CSUPT RODRIGO R ABRAZALDO BFP Chairman, BAC Attn: SUPT LILIBETH Q SIMANGAN Head, BAC Secretariat Telfax No. (02) 426-97-35/426-3847 The Supplier's address for Notices is: [Insert address including, name of contact, fax and telephone number] 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 shal be as Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in The details of shipping and/or other documents to be furnished by the Supplier are as fol ows: For Goods supplied from within the Philippines: Upon delivery of the Goods to the Project Site, the Supplier shall notify the Procuring Entity and present the fol owing documents to the Procuring Entity: Original and four copies of the Supplier's invoice showing Goods' description, quantity, unit price, and total amount; Original and four copies delivery receipt/note, railway receipt, or truck receipt; (i i) Original Supplier's factory inspection report; (iv) Original and four copies of the Manufacturer's and/or Supplier's warranty certificate; Original and four copies of the certificate of origin (for imported Goods); (vi) Delivery receipt detailing number and description of items received signed by the authorized receiving personnel; (vii) Certificate of Acceptance/Inspection Report signed by the Procuring Entity's representative at the Project Site; and (viii) Four copies of the Invoice Receipt for Property signed by the Procuring Entity's representative at the Project Site. For Goods supplied from abroad: Upon shipment, the Supplier shall notify the Procuring Entity and the insurance company by cable the ful details of the shipment, including Contract Number, description of the Goods, quantity, vessel, bill of lading number and date, port of loading, date of shipment, port of discharge etc. Upon delivery to the Project Site, the Supplier shall notify the Procuring Entity and present the fol owing documents as applicable with the documentary requirements of any letter of credit issued taking precedence: Original and four copies of the Supplier's invoice showing Goods' description, quantity, unit price, and total amount; Original and four copies of the negotiable, clean shipped on board bill of lading marked "freight pre-paid" and five copies of the non-negotiable bill of lading ; (i i) Original Supplier's factory inspection report; (iv) Original and four copies of the Manufacturer's and/or Supplier's warranty certificate; Original and four copies of the certificate of origin (for imported Goods); (vi) Delivery receipt detailing number and description of items received signed by the Procuring Entity's representative at the (vii) Certificate of Acceptance/Inspection Report signed by the Procuring Entity's representative at the Project Site; and (viii) Four copies of the Invoice Receipt for Property signed by the Procuring Entity's representative at the Project Site. Incidental Services –
The Supplier is required to provide all the fol owing services, including additional services, if, any, specified in Section VI. Schedule of Requirements. performance or supervision of on-site assembly and/or start-up of the supplied Goods; furnishing of tools required for assembly and/or maintenance of the supplied Goods; furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; 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 The Contract price for the Goods shal 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. 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 shal take into consideration, where appropriate, the remoteness of the GOODS' final destination and the absence of heavy handling facilities at al 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 fol ows: 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. Insurance –
The Goods supplied under this Contract shal be fully insured by the Supplier in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery. The Goods remain at the risk and title of the Supplier until their final acceptance by the Procuring Entity. 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 shal 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, shal be arranged by the Supplier, and related costs shall be included in the Contract Price. 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. Patent Rights –
The Supplier shal 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. Other requirements for payment: Certification of compliance to standards of safety, efficacy, purity and quality from FAD of the DOH/BFAD and DTI-BPS or from other equivalent government agencies and/or laboratories /facilities/ institutes duly accredited by the government mandated to conduct mandatory screening using applicable standards. No further instructions The inspections and tests that will be conducted are: 1) 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. 2) The supplier shal promptly replace the equivalent quantity of Goods taken as samples without cost to the PROCURING 3) The delivered products should not be distributed to end-users nor shal it be used until such time the supplier submitted a certification from FAD of DOH/BFAD that the medicine to be supplied passed the standards of safety, efficacy, purity and quality as well as certification from DTI-BPS that the medical, dental & laboratory supplies and equipment to be supplied passed the standards of safety and quality or from other equivalent government agencies and/or laboratories /facilities/ institutes duly accredited by the government mandated to conduct mandatory screening using applicable standards. Three (3) months after acceptance by the Procuring Entity of the delivered Goods or after the Goods are consumed whichever is earlier and one (1) year for medical, dental and laboratory supplies and The period for correction of defects in the warranty period is seven (7) calendar days. No additional provision. 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. Description
Quantity/
Total ABC
Delivery Site
Delivered, Weeks/Months
Drugs and Medicines Supplies
681,149.30 BFP NHQ
Thirty (30) calendar days 1. Pioglitazone 30 mg Tab 100's from the receipt of Notice to 2. Atenalol 100mg 100's Rd. Brgy. Bagong 3. Amoxicillin 500 mg caps 100's Pag-asa, Quezon City 4. Amoxicillin 250 mg/5 ml, 60 ml 5. Cefalexin 500 mg caps, 100's 6. Cefalexin 250 mg/5 ml susp, 60 ml 7. Cloxacillin 500 mg, 100's 8. Carbocisteine 500 mg caps 100's 9. Carbocisteine 250 mg/5 ml susp, 60 ml 10. Salbutamol syrup 60 ml 11. Salbutamol syrup 2mg/ml 12. Cotrimoxazole Capsule 400/80 mg, 100's 13. Mefenamic Acid 500 mg caps, 100's 14. Metoprolol tabs 50mg 100's 15. Loperamide 2 mg caps 100's 16. Paracetamol tabs 500mg, 100's 17. Paracetamol sy 250 mg/5 ml, 60 ml 18. Nifedipine 5 mg, caps 100's 19. Phenylpropanolamine w/ paracetamol/ 20 bxs Chlorphenamine Maleate Tablet, 250 mg 100's (2.5mg/500mg/2mg) 20. Phenylpropanolamine w/ paracetamol/ 144 bxs Chlorphenamine Maleate syrup, 12.5 mg 60 ml (2.5mg/50mg/12.5mg/60ml) 21. Amlodipine Besylate tabs 10mg 100's 22. Aspirin 80mg coated 100's 23. Fluphenazine decanoate vial, 25mg/ml 24. Betahistine HCl tabs 100's, 8 mg 25. Losartan Potassium 50 mg tabs 100's 26. Diltiazem HCl 60mg tabs 100's 27. Metformin + Glibenclamide, 500mg + 5mg, 16 bxs 28. Glimeperide 2mg tabs 100's 29. Metformin 850mg tabs, 100's 30. Celecoxib 200 mg caps, 60's 31. Clopidogrel 75mg tabs 100's 32. Carvedilol 6.25mg tabs 100's 33. Sodium Ascorbate 500mg caps 100's 34. Enalapril Maleate 5mg tabs 100's 35. Simvastatin 80mg tablet 100's 36. Simvastatin 20mg tablet 100's 37. Metformin 500 mg tabs 100's 38. Anti-fungal ointment 20g (Ketoconazole, 20 tubes 39. Vitamin B complex 500mg caps 100's 40. Multivitamins 500mg caps 100's 41. Multivitamins 250mg/5ml, 60 ml 42. CPR Pocket mask 43. Face shield for CPR 44. Triangular Bandage 60"X40" 46. Elastic Bandage 2" 47. Elastic Bandage 4" 48. Elastic Bandage 6" 49. Non - Adhesive dressing (4X4) (Sterile 50. Adhesive woven Tape 1" 51. Sterile Gauze 4x4 100's 52. Providone Iodine 120ml 53. Hydrogen Peroxide 120 ml (10 vol/ 54. Surgical Gloves Medium 100's 55. Surgical Gloves Small 100's 56. Disposable Surgical Face Mask 50's 57. Cervical collar (Pre-Hospital C-Collars, 58. Venous set (g 25) 59. Bag - valve mask (Pedia) 60. Bag - valve mask (Adult) 61. BP apparatus (wall type) 62. Nasal Cannula adult size 63. Oxygen mask with reservoir (non rebreather 20 pcs 64. Oxygen regulator with humidifier and 65. Pulse Oximeter (finger tip) 66. Venturi Mask 67. Oropharyngeal Adjunct (S,M,L) 68. Nasopharyngeal Adjunct (Size 5,6,7,8) 69. Adhesive Strips 100's 71. Analgesic Ointment 10gms 72. Burn Ointment 20 gms 73. Topical anesthesia (cream) 5gms 74. Glucometer (with cholesterol monitoring) 75. Blood Glucose Test Strip 25's 76. Power scissor (Trauma Shear) 77. Suction valve (Nasal Aspirator) Medical Supplies (REHAB)
151,980.00 BFP NHQ
Thirty (30) calendar days 1. Paraffin Wax 1 lb (1:10 Wax: Mineral Oils) 40 lbs from the receipt of Notice to 2. Hot moist pack (standard) Rd. Brgy. Bagong 3. Hot moist pack (cervical) Pag-asa, Quezon City 4. Hot moist pack (lumbar) 5. Towel 100% combed cotton 50" x 24" 6. AC Adaptor (universal) Input 220V 2 pcs 60/50hZ, output: 3V-R 7. Electrical stimulator with FES (black box) 8. Cotton 400gms 9. Velcro straps 1" x 24" (sewed straps, ready 20 pcs to use straps, black) 10. Curtain drapes 60" x 72"(for drapping to 16 pcs 11. Pillow with pil ow case 15" x 24" 12. Plint cover 100% cotton 75"x48"x4" 13. Tissue Paper 2 ply 14. BP Apparatus (wall type) 15. 70% Alcohol 500ml 16. Ultrasonic gel 17. Theraband 7 color set with handle (different 4 sets resistance per color, 2 yards/color) 18. Dumbbells vinyl coated (2, 4, 6, 10 lbs) 19. Ankle weights (S, M, L) 20. Dumbbell rack (pyramid shape, 3 tier 2 sets Dental Supplies
334,322.00 BFP NHQ
Thirty (30) calendar days 1. Disposable Bib 100's from the receipt of Notice to 2. Plastic cups 8oz 50's Rd. Brgy. Bagong 3. Gloves small (powder-free) 100's Pag-asa, Quezon City 4. Surgical Face mask 50's 5. Local anesthesia 50's 6. Alginate kromopan 450g 8. Plaster of Paris 9. Needle short 27g 100's 10. Needle long 27g 100's 11. Prophylaxis paste (prophy plus) 50g 12. Lidocaine ointment USP 5% 50g (mint 30 jars 13. Alcohol 70% isoprophyl 500ml 14. LC Composite a1 15. LC Composite a2 16. LC Composite a3 17. Polishing Stone- composite trimmer, 40 pcs 18. High speed hand piece 19. Glass ionomer 1 25g powder 20g liquid 20. Glass ionomer 2 15g powder 10g liquid 21. Glass ionomer 1x15g powder 8g liquid 22. Retraction Cord 00, 01, 02 23. Debacterol 5 ml 24. Anestheis Lidocain HCL Epinephrine 40 bxs 20mg/10cg per ml 1:100,000 25. Antibacterial gargle 500ml I hereby certify to comply and deliver all the above requirements.
Signature over Printed Name (Duly authorized to sign the Bid) Telephone/Fax No. Section VII. Technical Specifications
In the column "Bidder's Compliance", the bidder must state either "comply" or "not comply" against each of the individual parameters of each specification corresponding to performance parameter of equipment offered. Statement of "comply" or "not comply" must be supported by evidence in a bidders bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer's or distributor's un-amended sales literature, unconditional statements or specification and compliance issued by the manufacturer or distributor, samples, independent test data etc., as appropriate. The indication of the word "comply" in the portion opposite the item which is the primary requirement shall mean that al items under the same are complied with. Should there be discrepancy/ies found during post-qualification on the bidder's representation of compliance and actual offer vis-á-vis the un-amended sales literature, unconditional statements or specification and compliance issued by the manufacturer or distributor, the same shal be enough basis for post-disqualification. Technical Specifications
Bureau of Fire Protection TECHNICAL SPECIFICATIONS Various Drugs and Medicines Supplies
BFP's SPECIFICATION
BIDDER'S STATEMENT OF COMPLIANCE
Particulars
Country of Origin Statement of Compliance
1. Pioglitazone 30 mg Tab 100's 2. Atenalol 100mg 100's 3. Amoxicillin 500 mg caps 100's 4. Amoxicillin 250 mg/5ml 60ml 5. Cefalexin 500 mg caps, 100's 6. Cefalexin 250 mg/5ml susp, 60 ml 144 btls 7. Cloxacillin 500 mg, 100's 8. Carbocisteine 500 mg caps 100's 9. Carbocisteine 250 mg/5ml susp, 60 144 btls 10. Salbutamol syrup 60 ml 11. Salbutamol 2mg/ml 12. Cotrimoxazole Capsule 400/80 mg, 10bxs 13. Mefenamic Acid 500 mg caps, 40 bxs 14. Metoprolol tabs 50mg 100's 15. Loperamide 2 mg caps 100's 16. Paracetamol tabs 500mg, 100's 17. Paracetamol sy 250 mg/5 ml, 60 144 btls 18. Nifedipine caps 5 mg, 100's 19. Phenylpropanolamine paracetamol/ Chlorphenamine Maleate Tablet, 250 mg 100's (2.5mg/500mg/2mg) 20. Phenylpropanolamine paracetamol/ Chlorphenamine Maleate syrup, 12.5 mg 60 ml 21. Amlodipine Besylate tabs 10mg 20 bxs 22. Aspirin 80mg coated 100's 23. Fluphenazine decanoate vial, 4 vials 24. Betahistine HCl tabs 100's, 8mg 25. Losartan Potassium 50 mg tabs 20 bxs 26. Diltiazem HCl 60mg tabs 100's Glibenclamide, 16 bxs 500mg + 5mg, 30's 28. Glimeperide 2mg tabs 100's 29. Metformin 850mg tabs, 100's 30. Celecoxib 200 mg caps, 60's 31. Clopidogrel 75mg tabs 100's 32. Carvedilol 6.25mg tabs 100's 33. Sodium Ascorbate 500mg caps 20 bxs 34. Enalapril Maleate 5mg tabs 100's 35. Simvastatin 80mg tablet 100's 36. Simvastatin 20mg tablet 100's 37. Metformin 500 mg tabs 100's Ketoconazole, 5g) 39. Vitamin B complex 500mg caps 20 bxs 40. Multivitamins 500mg caps 100's 41. Multivitamins 250mg/5ml, 60 ml 42. CPR Pocket mask 43. Face shield for CPR 44. Triangular Bandage 60"X40" 46. Elastic Bandage 2" 47. Elastic Bandage 4" 48. Elastic Bandage 6" 49. Non - Adhesive dressing (4X4) 200 pcs 50. Adhesive woven Tape 1" 51. Sterile Gauze 4x4 100's 52. Providone Iodine 120ml 53. Hydrogen Peroxide 120 ml (10 20 btls 54. Surgical Gloves Medium 100's 55. Surgical Gloves Small 100's 56. Disposable Surgical Face Mask 40 bxs 57. Cervical collar (Pre-Hospital C- 8 pcs Collars adjustable) 58. Venous set (g 25) 59. Bag - valve mask (Pedia) 60. Bag - valve mask (Adult) 61. BP apparatus (wall type) 62. Nasal Cannula adult size 63. Oxygen mask with reservoir (non 20 pcs rebreather mask) 64. Oxygen regulator with humidifier 4 sets 65. Pulse Oximeter (finger tip) 66. Venturi Mask (with different 4 sets 67. Oropharyngeal Adjunct (S,M,L) 68. Nasopharyngeal Adjunct (Size 12 pcs 69. Adhesive Strips 100's 71. Analgesic Ointment 10gms 72. Burn Ointment 20 gms 73. Topical anesthesia (cream) 5gms cholesterol 2 sets 75. Blood Glucose Test Strip 25's 76. Power scissor (Trauma Shear) 77. Suction valve (Nasal Aspirator) Various Medical Supplies (REHAB)
BFP's SPECIFICATION
BIDDER'S STATEMENT OF COMPLIANCE
Particular
Country of Origin
Statement of Compliance
1. Paraffin Wax 1lb (1:10Wax:Mineral 40 lbs 2. Hot moist pack (standard) 3. Hot moist pack (cervical) 4. Hot moist pack (lumbar) 5. Towel 100% combed cotton 50" x 18 pcs 6. AC Adaptor (universal) Input:220V 2 pcs 60/50hZ, output: 3V-R 7. Electrical stimulator with FES (black 4 pcs 8. Cotton 400gms 9. Velcro straps 1" x 24" (sewed straps, 20 pcs ready to use straps, black) 10. Curtain drapes 60" x 72" (for 16 pcs drapping to insert in rod) 11. Pillow with pil ow case 15" x 24" 12. Plint cover 75" x 48" x 4" 13. Tissue Paper 2 ply 14. BP Apparatus (wall type) 15. 70% Alcohol 500ml 16. Ultrasonic gel 17. Theraband 7 color set with handle 4 sets (different resistance per color, 2 18. Dumbbells vinyl coated (2, 4, 6, 10 2 sets 19. Ankle weights (S, M, L) 20. Dumbbell rack (pyramid shape, 3 2 sets tier vertical rack) Various Dental Supplies
BFP's SPECIFICATION
BIDDER'S STATEMENT OF COMPLIANCE
Particulars
Country of Origin
Statement of Compliance
1. Disposable Bib 100's 2. Plastic cups 8oz 50's 3. Gloves small (powder-free) 100's 4. Surgical Face mask 50's 5. Local anesthesia 50's 6. Alginate kromopan 450g 8. Plaster of Paris 9. Needle short 27g 100's 10. Needle long 27g 100's 11. Prophylaxis paste (prophy plus) 50g 20 tubes 12. Lidocaine ointment USP 5% 50g 30 jars 13. Alcohol 70% isoprophyl 500ml 14. LC Composite a1 15. LC Composite a2 16. LC Composite a3 17. Polishing Stone- composite trimmer, 40 pcs 18. High speed hand piece 19. Glass ionomer 1 25g powder 20g 8 sets 20. Glass ionomer 2 15g powder 10g 8 sets 21. Glass ionomer 1x15g powder 8g 8 sets 22. Retraction Cord 00, 01, 02 23. Debacterol 5 ml Epinephrine 20mg/10cg per ml 25. Antibacterial gargle 500ml
NOTE: Upon delivery the following shall be complied with:
 Shelf Life: Supplies must be fresh commercial stock with a total shelf life of thirty six (36) months from the date of manufacture but not less than thirty (30) months from the date of delivery.  Packaging Instructions: 10 sachet/packets per box, 100 boxes per carton (if applicable)  Labeling Instructions:  Each packaging should be imprinted with: Date of Manufacture: _ Date of Expiry:
I hereby certify to comply with all the above Technical Specifications.
SIGNATURE OVER PRINTED NAME (Duly authorized to sign the Bid) TELEPHONE / FAX NO Section VIII. Bidding Forms
TABLE OF CONTENTS
Invitation to Bid2 No: To: [name and address of Procuring Entity] Gentlemen and/or Ladies: Having examined the Bidding Documents including Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to [supply/deliver/perform] [description of the Goods] in conformity with the said Bidding Documents for the sum of [total Bid amount in words and figures] or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of 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 Bidding Documents. We agree to abide by this Bid for the Bid Validity Period specified in BDS provision
for ITB Clauseand it shall remain binding upon us and may be accepted at any time
before the expiration of that period. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below:3 Name and address Amount and Commission or gratuity (if none, state "None") Until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof and your Notice of Award, shall be binding upon us. We understand that you are not bound to accept the lowest or any Bid you may receive. 2 If ADB, JICA and WB funded projects, use IFB. 3 Applicable only if the Funding Source is the ADB, JICA or WB. We certify/confirm that we comply with the eligibility requirements as per ITB Clause
of the Bidding Documents. Dated this day of 20 . [signature] [in the capacity of] Duly authorized to sign Bid for and on behalf of For Goods Offered From Abroad
. Invitation to Bid4 Number . Page Unit price CIF port of entry (specify port) or (specify border point or place of destination) 4 If ADB, JICA and WB funded projects, use IFB. For Goods Offered From Within the Philippines
. Invitation to Bid5 Number . Page of Quantity Unit price EXW Cost of local Unit prices per Sales and other other incidental 5 If ADB, JICA and WB funded projects, use IFB. Contract Agreement Form
THIS AGREEMENT made the _ day of 20 _ between [name of PROCURING ENTITY] of the Philippines (hereinafter cal ed "the Entity") of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter cal ed "the Supplier") of the WHEREAS the Entity invited Bids for certain goods and ancillary services, viz., [brief description of goods and services] and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of [contract price in words and figures] (hereinafter cal ed "the Contract Price"). NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to. The fol owing documents shall be deemed to form and be read and construed as part of this Agreement, viz.: the Bid Form and the Price Schedule submitted by the Bidder; the Schedule of Requirements; the Technical Specifications; the General Conditions of Contract; the Special Conditions of Contract; and the Entity's Notification of Award. In consideration of the payments to be made by the Entity to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Entity to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of The Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the contract. 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 Signed, sealed, delivered by (for the Entity) Signed, sealed, delivered by (for the Supplier). Omnibus Sworn Statement
REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ) S.S. 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 1. Select one, delete the other:
If a sole proprietorship: I am the sole proprietor 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 2. Select one, delete the other:
If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have ful power and authority to do, execute and perform any and al acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity]; If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and al acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary's Certificate issued by the corporation or the members of the joint venture)]; 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 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 al the documents submitted; 6. Select one, delete the rest:
If a sole proprietorship: I am 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 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 7. [Name of Bidder] complies with existing labor laws and standards; and 8. [Name of Bidder] is aware of and has undertaken the fol owing responsibilities as a a) Carefully examine all of the Bidding Documents; b) Acknowledge al conditions, local or otherwise, affecting the implementation of c) Made an estimate of the facilities available and needed for the contract to be bid, d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project]. IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 20 at Bidder's Representative/Authorized Signatory * This form will not apply for WB funded projects.
Bank Guarantee Form for Advance Payment
[name and address of PROCURING ENTITY] [name of Contract] Gentlemen and/or Ladies: In accordance with the payment provision included in the Special Conditions of Contract, which amends Clause of the General Conditions of Contract to provide for advance payment, [name and address of Supplier] (hereinafter cal ed the "Supplier") shal deposit with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words]. We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the PROCURING ENTITY on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words]. We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the PROCURING ENTITY and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [date]. Signature and seal of the Guarantors [name of bank or financial institution] [address] Invitation to Bid for: PROCUREMENT MEDICINES AND MEDICAL & DENTAL SUPPLIES
PRICE SCHEDULE FOR GOODS OFFERED WITHIN THE PHILIPPINES
(TO INCLUDE ALL TAXES BUT NOT LIMITED TO VALUE ADDED TAX [VAT] INCOME TAX, LOCAL TAXES, STORAGE FEE, HAULING FEE AND OTHER FISCAL LEVIES AND DUTIES) Various Drugs and Medicines Supplies
BFP's SPECIFICATION and Estimates
BIDDER'S BID PROPOSALS
Particulars
Unit Cost
Unit Cost
Total Cost
1. Pioglitazone 30 mg Tab 100's 2. Atenalol 100mg 100's 3. Amoxicillin 500 mg caps 100's 4. Amoxicillin 250 mg/5ml 60ml 5. Cefalexin 500 mg caps, 100's 6. Cefalexin 250 mg/5ml susp, 60 144 btls 7. Cloxacillin 500 mg, 100's 8. Carbocisteine 500 mg caps 100's 20 bxs 9. Carbocisteine 250 mg/5ml susp, 144 btls 10. Salbutamol syrup 60 ml 11. Salbutamol 2mg/ml 12. Cotrimoxazole Capsule 400/80 10bxs 13. Mefenamic Acid 500 mg caps, 40 bxs 14. Metoprolol tabs 50mg 100's 15. Loperamide 2 mg caps 100's 16. Paracetamol tabs 500mg, 100's 17. Paracetamol sy 250 mg/5 ml, 60 144 btls 18. Nifedipine caps 5 mg, 100's 19. Phenylpropanolamine paracetamol/ Chlorphenamine Maleate Tablet, 250 mg 100's (2.5mg/500mg/2mg) 20. Phenylpropanolamine paracetamol/ Chlorphenamine Maleate syrup, 12.5 mg 60 ml 21. Amlodipine Besylate tabs 10mg 20 bxs 22. Aspirin 80mg coated 100's 23. Fluphenazine decanoate vial, 4 vials 24. Betahistine HCl tabs 100's, 8mg 8 bxs 25. Losartan Potassium 50 mg tabs 20 bxs 26. Diltiazem HCl 60mg tabs 100's 27. Metformin + Glibenclamide, 16 bxs 500mg + 5mg, 30's 28. Glimeperide 2mg tabs 100's 29. Metformin 850mg tabs, 100's 30. Celecoxib 200 mg caps, 60's 31. Clopidogrel 75mg tabs 100's 32. Carvedilol 6.25mg tabs 100's 33. Sodium Ascorbate 500mg caps 20 bxs 34. Enalapril Maleate 5mg tabs 20 bxs 35. Simvastatin 80mg tablet 100's 36. Simvastatin 20mg tablet 100's 37. Metformin 500 mg tabs 100's Ketoconazole, 5g) 39. Vitamin B complex 500mg caps 20 bxs 40. Multivitamins 500mg caps 100's 30 bxs 41. Multivitamins 250mg/5ml, 60 288 btls 42. CPR Pocket mask 43. Face shield for CPR 44. Triangular Bandage 60"X40" 46. Elastic Bandage 2" 47. Elastic Bandage 4" 48. Elastic Bandage 6" 49. Non - Adhesive dressing (4X4) 200 pcs 50. Adhesive woven Tape 1" 51. Sterile Gauze 4x4 100's 52. Providone Iodine 120ml 53. Hydrogen Peroxide 120 ml (10 20 btls 54. Surgical Gloves Medium 100's 55. Surgical Gloves Small 100's 56. Disposable Surgical Face Mask 40 bxs 57. Cervical collar (Pre-Hospital C- 8 pcs Collars adjustable) 58. Venous set (g 25) 59. Bag - valve mask (Pedia) 60. Bag - valve mask (Adult) 61. BP apparatus (wall type) 62. Nasal Cannula adult size 63. Oxygen mask with reservoir 20 pcs (non rebreather mask) humidifier and flowmeter 65. Pulse Oximeter (finger tip) 66. Venturi Mask (with different 4 sets 67. Oropharyngeal Adjunct (S,M,L) 12 pcs 68. Nasopharyngeal Adjunct (Size 12 pcs 69. Adhesive Strips 100's 71. Analgesic Ointment 10gms 72. Burn Ointment 20 gms 73. Topical anesthesia (cream) 5gms 4 tubes 74. Glucometer with cholesterol 2 sets 75. Blood Glucose Test Strip 25's 76. Power scissor (Trauma Shear) 77. Suction valve (Nasal Aspirator) Sub-total > > >
Various Medical Supplies (REHAB)
BFP's SPECIFICATION and ESTIMATES
BIDDER'S BID PROPOSALS
Particular
Unit Cost
Units Cost
Total Unit Cost
(1:10Wax:Mineral Oils) 2. Hot moist pack (standard) 3. Hot moist pack (cervical) 4. Hot moist pack (lumbar) 5. Towel 100% combed cotton 50" 18 pcs (universal) 2 pcs Input:220V 60/50hZ, output: 7. Electrical stimulator with FES 4 pcs 8. Cotton 400gms 9. Velcro straps 1" x 24" (sewed 20 pcs straps, ready to use straps, black) 10. Curtain drapes 60" x 72" (for 16 pcs drapping to insert in rod) 11. Pillow with pillow case 15" x 12 pcs 12. Plint cover 75" x 48" x 4" 13. Tissue Paper 2 ply 14. BP Apparatus (wall type) 15. 70% Alcohol 500ml 16. Ultrasonic gel 17. Theraband 7 color set with 4 sets handle (different resistance per color, 2 yards/color) 18. Dumbbells vinyl coated (2, 4, 6, 2 sets 19. Ankle weights (S, M, L) 20. Dumbbell rack (pyramid shape, 2 sets 3 tier vertical rack) Sub-total > > >
Various Dental Supplies
BFP's SPECIFICATION and ESTIMATES
BIDDER'S BID PROPOSALS
Particulars
Unit Cost
Unit Cost
Total Cost
1. Disposable Bib 100's 2. Plastic cups 8oz 50's 3. Gloves small (powder-free) 30 bxs 4. Surgical Face mask 50's 5. Local anesthesia 50's 6. Alginate kromopan 450g 8. Plaster of Paris 9. Needle short 27g 100's 10. Needle long 27g 100's 11. Prophylaxis paste (prophy plus) 20 tubes 12. Lidocaine ointment USP 5% 50g 30 jars 13. Alcohol 70% isoprophyl 500ml 14. LC Composite a1 15. LC Composite a2 16. LC Composite a3 17. Polishing Stone- composite 40 pcs trimmer, tapered) 18. High speed hand piece 19. Glass ionomer 1 25g powder 8 sets 20. Glass ionomer 2 15g powder 8 sets 21. Glass ionomer 1x15g powder 8g 8 sets 22. Retraction Cord 00, 01, 02 23. Debacterol 5 ml Epinephrine 20mg/10cg per ml 25. Antibacterial gargle 500ml Sub-total > > >
Signature over Printed Name (Duly authorized to sign the Bid) Telephone/Fax No. REPUBLIC OF THE PHILIPPINES )
CITY OF _ ) S.S.

BID-SECURING DECLARATION
Invitation to Bid/Request for Expression of Interest No.: [Insert reference number]
To: [Insert name and address of the Procuring Entity] I/We, the undersigned, declare that: 1. I/We understand that, according to your conditions, bids must be supported by a Bid Security, which may be in the form of a Bid-Securing Declaration. 2. I/We accept that: (a) I/we wil be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years upon receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing Declaration, if I/we have committed any of the fol owing actions: (i) Withdrawn my/our Bid during the period of bid validity required in the Bidding (i ) Fail or refuse to accept the award and enter into contract or perform any and all acts necessary to the execution of the Contract, in accordance with the Bidding Documents after having been notified of your acceptance of our Bid during the period of bid validity. 3. I/We understand that this Bid-Securing Declaration shal cease to be valid on the fol owing circumstances: (a) Upon expiration of the bid validity period, or any extension thereof pursuant to (b) I am/we are declared ineligible or post-disqualified upon receipt of your notice to such effect, and (i) I/we failed to timely file a request for reconsideration or (i ) I/we filed a waiver to avail of said right; (c) I am/we are declared as the bidder with the Lowest Calculated and Responsive Bid/Highest Rated and Responsive Bid, and I/we have furnished the performance security and signed the Contract. IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this day of
[month] [year] at [place of execution]. [Insert NAME OF BIDDER'S AUTHORIZED
REPRESENTATIVE]
[Insert signatory's legal capacity]
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 _ Rol of Attorneys No. _ PTR No. , [date issued], [place issued] IBP No. , [date issued], [place issued]

SEALING AND MARKING:
ALL envelopes shal be marked in accordance with Section 20.4 of the Instructions to Bidders (IB) of this Bidding Document, which shall contain the fol owing: (See Annex "B")  Name of the contract to be bid in CAPITAL LETTERS;  Name and Address of the prospective bidder in CAPITAL LETTERS;  Be Addressed to the Procuring Entity's BAC in accordance with IB Clause 1.1;  Bear the specific identification of this bidding process indicated in IB Clause 1.2;  Bear a warning "DO NOT OPEN BEFORE…" the date and time for the opening of bids, in accordance with IB Clause 21.

ANNEX "G"
BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS
Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment (REBID) Location of the Project: BFP NHQ, Agham Road, Brgy. Bagong Pag-asa, Quezon City Standard Form Number: SF-GOODS-35 Revised Form : May 24, 2004 AUTHORITY OF SIGNATORY
SPECIAL POWER OF ATTORNEY of _a corporation incorporated under the laws of _, with its registered office at , _as my true and lawful attorney, for it and its name, place and stead, to do, execute and perform any and all acts necessary and/or represent in the bidding of as fully and effectively as I might do if personally present with full power of substitution and revocation and hereby confirming all that said representative shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set may hand this _ day of _, 20 at . Signed in the Presence of: _ REPUBLIC OF THE PHILIPPINES ) QUEZON CITY ) S.S. BEFORE ME, a Notary Public for and in the City/Municipality of (indicate also the Province in the case of Municipality , this _ day of _, 20 , personally appeared the following: ID Name, Number and Validity Known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledge to me that the same is their free and voluntary act and deed and that of the Corporation(s) they represent. WITNESS MY HAND AND NOTARIAL SEAL on the place and on the date first above written. Doc. No. _; Page No. _; Book No. _; Series of 20 _. Note: The Competent Evidence of Identity for Notary shall comply with Sec. 12(a) Rule II of the 2004 Rules on Notarial Practice – The phrase "competent evidence of identity" refers to the identification of an individual based on At least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to, passport, driver's license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter's ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman's book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification. ANNEX "F"
BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS
Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment (REBID) Location of the Project: BFP NHQ, Agham Road, Brgy. Bagong Pag-asa, Quezon City Standard Form Number: SF-GOODS-36 Revised Form : May 24, 2004 AUTHORITY OF SIGNATORY
SECRETARY'S CERTIFICATE
I, _ a duly elected and qualified Corporate Secretary of a corporation duly organized and existing under and by virtue of the law of the _ DO HEREBY CERTIFY, that: I am familiar with the facts herein certified and duly authorized to certify the same; At the regular meeting of the Board of Directors of the said Corporation duly convened and held on at which meeting a quorum was present and acting throughout, the following resolutions were approved, and the same have not been annulled, revoked and amended in any way whatever and are in full force and effect on the date hereof: RESOLVED, that be, as it hereby is, authorized to participate in the bidding of (Project ID NO.) by the _(Name of Procuring Entity); that if awarded the tender shall enter into a contract with the (Name of Procuring Entity_; and in connection therewith hereby appoint acting as duly authorized and designated representatives of _, are granted full power and authority to do, execute and perform any and all acts necessary and/or to represent in the bidding as fully and effectively as the might do if personally present with full power of substitution and revocation and hereby satisfying and confirming all that my said representative shall lawfully do or cause to be done by virtue hereof; RESOLVED FURTHER THAT, is hereby authorized to: execute a waiver of jurisdiction whereby the hereby submits itself to the jurisdiction of the Philippine government and hereby waives its right to question the jurisdiction of the Philippine courts; execute a waiver that the shall not seek and obtain writ of injunctions or prohibition or restraining order against the BFP or any other agency in connection with this project to prevent and restrain the bidding procedures related thereto, the negotiating of and award of a contract to a successful bidder, and the carrying out of the awarded contract. WITNESS the signature of the undersigned as such officer of the said this . (Corporate Secretary) 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. _. Doc. No. _; Page No. _; Book No. _; Series of 20 _. Note: The Competent Evidence of Identity for Notary shall comply with Sec. 12(a) Rule II of the 2004 Rules on Notari al Practice – The phrase "competent evidence of identity" refers to the identification of an individual based on At least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to, passport, driver's license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter's ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman's book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification. ANNEX "E"
BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS
Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment (REBID) Location of the Project: BFP NHQ, Agham Road, Brgy. Bagong Pag-asa, Quezon City Standard Form Number: SF-GOOD-14 Revised on: May 24, 2004 FINANCIAL DOCUMENTS FOR ELIGIBILITY CHECK
A. Summary of the Applicant Supplier's/Distributor's/Manufacturer's assets and liabilities on the basis of the attached income tax return and audited financial statement, stamped "RECEIVED" by the Bureau of Internal Revenue or BIR authorized collecting agent, for the immediately preceding year and a certified copy of Schedule of Fixed Assets particularly the list of construction equipment. 2. Current Assets 3. Total Liabilities 4. Current Liabilities 5. Net Worth (1-3) 6. Net Working Capital (2-4) B. The Net Financial Contracting Capacity (NFCC) based on the above data is computed as follows: NFCC = K (current asset – current liabilities) minus value of all outstanding works under ongoing contracts including awarded contracts yet to be started K = 10 for a contract duration of one year or less, 15 for more than one year up to two years and 20 for more than two years Commitment from a licensed bank to extend to it a credit line if awarded the contract or a cash deposit certificate in the amount of at least 10% of the proposed project to bid. Name of Bank: Amount: _ Herewith attached are certified true copies of the income tax return and audited financial statement: stamped "RECEIVED" by the BIR or BIR authorized col ecting agent for the immediately preceding year and the cash deposit certificate or certificate of commitment from a licensed bank to extend a credit line. Name of Supplier / Distributor / Manufacturer Signature of Authorized Representative 1. If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit the above ANNEX "B"
Nomenclature requirement for mother envelope:
ORIGINAL BID/COPY NR _
Name of Bidder
Address of Bidder
BIDS AND AWARDS COMMITTEE (BAC)
BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS
AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY
PROCUREMENT OF MEDICINES AND MEDICAL & DENTAL
SUPPLIES AND EQUIPMENT (REBID)
DO NOT OPEN BEFORE 1130H 14 NOVEMBER 2013
ANNEX "C"
Standard Form Number: SF-GOOD-13a
Revised on: July 28, 2004
BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS
Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment (REBID)
Location of the Project: BFP NHQ, AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY
List of all Ongoing Government & Private Contracts including contracts awarded but not yet started
Business Address Name of Contract/ Date of Completion Note: This statement shall be supported with: 1 Notice of Award and/or Contract 2 Notice to Proceed issued by the Procuring Entity 3 Certificate of Accomplishments signed by the owner or authorized representative (Printed Name & Signature) ANNEX "D"
Standard Form Number: SF-GOOD-13b
Revised on: July 28, 2004
BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS
Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment (REBID)
Location of the Project: BFP NHQ, AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY
Statement of all Government & Private Contracts completed which are similar in nature
Name of Contract a. Amount at Award b. Amount at Completion b. Contract Effectivity c. Date Completed Note: This statement shall be supported with: 1 Contract/s or Purchase Order/s 2 Corresponding Sales Invoice 3 Official Receipts (Printed Name & Signature) ANNEX "H"
Standard Form Number: SF-GOOD-17 Revised on: May 24, 2004 JOINT VENTURE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That this JOINT VENTURE AGREEMENT is entered into By and Between _, of legal age, (civil status) , owner/proprietor of _ and a _, of legal age, (civil status) , owner/proprietor of a resident of . THAT both parties agree to join together their manpower, equipment, and what is need to facilitate the Joint Venture to participate in the Eligibility, Bidding and Undertaking of the here-under stated project to be conducted by the __(Name of the Procuring Entity) . That both parties agree to be jointly and severally liable for the entire assignment. That both parties agree that _ and/or shall be the Official Representative of the Joint Venture, and is granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Joint Venture in the bidding as fully and effectively and the Joint Venture may do and if personally present with full power of substitution and revocation. THAT this Joint Venture Agreement shall remain in effect only for the above stated Projects until terminated by both parties. Done this _ day of , in the year of our Lord _. ANNEX "I"
Standard Form Number: SF-GOOD-25 Revised on: May 24, 2004 MOTION FOR RECONSIDERATION
Date of Issuance THE CHAIRMAN Bids and Awards Committee Bureau of Fire Protection 145 Union Square Condominium, 15th Avenue Cubao, Quezon City Dear Sir/ Madame: In relation to the results of the Eligibility Check conducted for the bidding of the (Name of Project) , held on _(date and time of the Eligibility Check )_ at _(Venue of the Eligibility Check)_, we would like to request for reconsideration of the decision of "Ineligibility" of our firm on the following grounds: We are hoping for your consideration Very truly yours, Name of the Representative of the Bidder Position of the Representative Name of the Bidder Received by the BAC: ANNEX "J"
Name of Procuring Entity: BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS (BFP NHQ) (REBID) Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment Location of the Project: BFP NHQ, AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY Standard Form Number: SF-GOOD-26 Revised on: May 24, 2004 CHECKLIST OF REQUIREMENTS
FOR THE PROCUREMENT OF GOODS

I. The Technical Envelope:
 ELIGILIBILITY COMPONENT A. Class "A" Documents  Registration Certificate For Sole Proprietorship – Department of Trade and Industry (DTI) business name For Corporations – Securities and Exchange Commission (SEC) Certificate of Registration or SEC Certificate of Filing of Amended Articles of Incorporation; For Cooperatives – Cooperative Development Authority.  Valid and current Mayor's permit issued by the city or municipality where the principal place of business of the prospective bidder is located. Technical Documents  Statement of the prospective bidder of all its on-going and completed government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar in nature or complexity to the contract to be bid, within the relevant period as provided in the Bidding Documents. The statement shall include all information required in the PBD's prescribed by the GPPB. Using SF-GOOD-13a, the Bidder is required to list al ongoing government and private contract within the last three (3) years including contract awarded but not yet started duly supported by documents as stipulated on the said Standard Form. For SF-GOOD-13b, the Bidder is required to list all government and private contracts completed which are similar in nature. However, submission of a single contract completed which are similar in nature equivalent to at least 50% of the ABC duly supported by documents as stipulated on the said Standard Form will suffice the Financial Documents  The prospective bidder's Audited Financial Statements (AFS) for year 2012, stamped "received" by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions. CPA's preparing such AFS must be accredited by the BOA.  The prospective bidder's computation for its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial Bank to extend a credit line in favor of the prospective bidders if awarded the contract to be bid (CLC). This checklist of Technical & Financial Requirements may be given to eligible bidders along with the Bid Documents. The bidders are encouraged to consult this checklist before submitting their Technical and Financial Envelopes on the deadline for the submission and receipt of Bids. Name of Procuring Entity: BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS (BFP NHQ) (REBID) Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment Location of the Project: BFP NHQ, AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY Class "B" Documents  Valid Joint Venture Agreement (JVA). In case of a joint venture, each partner of the joint venture shall submit the legal eligibility documents. The submission of technical and financial capability documents by any of the joint venture partners constitute If applicable, the JVA in case of 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; and For Joint Venture Agreement, each member of the valid Joint Venture Agreement is mandatorily required to submit Class "A" Legal Documents on separate envelope. In the event that one of the members of the JVA is a foreign member company that is not doing business in the Philippines, the said foreign member company shall submit the appropriate equivalent Class "A" Legal Documents issued by the country of the said member foreign member company. The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines must accompany the eligibility requirements under Class "A" and "B" Documents if they are in other foreign language. The Joint Venture must also present Board Resolutions allowing the corporation to enter into JVA and specifying therein who will be the lead bidder and that the Joint Venture should be at least 60% Filipino ownership or interest. Standard Form Nr: SF-GOOD-17 shall be used and be acknowledged before a Notary Public. In the event that one of the members of the Joint Venture is a foreign company, the JVA shall be acknowledged before a Philippine Consulate of the country of the  TECHNICAL COMPONENT  Bid Security in the prescribed form, amount and validity period;  a Cash or Cashier's/Manager's check issued by a Universal or Commercial Bank;  a Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank; or  Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; the surety bond shall be accompanied by a separate certification from the Insurance Commission that the Insurance Company is authorized to issue such surety bond callable upon demand and shall be project specific; or  Any combination of the foregoing; or  Bid Securing Declaration in the form provided as contained in the GPPB Resolution No 03-2012 dated January 27, 2012. It is an undertaking which states, among others, that the bidder shall enter into contract with the procuring entity and furnishes the required performance security within ten This checklist of Technical & Financial Requirements may be given to eligible bidders along with the Bid Documents. The bidders are encouraged to consult this checklist before submitting their Technical and Financial Envelopes on the deadline for the submission and receipt of Bids. Name of Procuring Entity: BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS (BFP NHQ) (REBID) Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment Location of the Project: BFP NHQ, AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY (10) calendar days, or less as indicated in the Bidding Documents, from the receipt of the Notice of Award.  Technical Specifications with original copy of the product/technical brochures of drawing (if applicable) with all pages duly signed and authenticated by the manufacturer or the authorized dealer.  Production/Delivery Schedule;  Manpower Requirements, if applicable; and  After-Sales service, if applicable.  Omnibus Statement by the prospective bidder or its duly authorized representative in the form prescribed by the GPPB as to the following:  It is not "blacklisted" or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institutions recognized by the GPPB;  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;  It is authorizing the Head of the Procuring Entity or his duly authorized representative/s to verify all the documents submitted;  The signatory is the duly authorized representative of the prospective bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the prospective bidder in the bidding, with the duly notarized Secretary's Certificate attesting to such fact, if the prospective bidder is a corporation, partnership, cooperative of joint venture;  It complies with the disclosure provision under Section 47 of RA 9184 in relation to other provision of RA 3019;  It complies with the responsibilities of a prospective or eligible bidder provided in the PBD's; and  It complies with the existing labor laws and standards, in case of procurement  Income Tax Return for CY 2012 and business tax returns, both filed through EFPS within the last six months preceding the date of bid submission (2550Q –March, and June of 2013. 2550M February, April, May 2013, July and August of 2013).  Warranty of goods shall be three (3) months after acceptance by the Procuring Entity of the delivered Goods or after the Goods are consumed whichever is earlier and one (1) year for medical, dental and laboratory supplies and equipment. II. The Financial Envelope:
 Duly accomplished and signed Financial Proposal (Bid Form) and Price Schedule. This checklist of Technical & Financial Requirements may be given to eligible bidders along with the Bid Documents. The bidders are encouraged to consult this checklist before submitting their Technical and Financial Envelopes on the deadline for the submission and receipt of Bids. Name of Procuring Entity: BUREAU OF FIRE PROTECTION NATIONAL HEADQUARTERS (BFP NHQ) (REBID) Name of the Project: Procurement of Medicines and Medical & Dental Supplies and Equipment Location of the Project: BFP NHQ, AGHAM ROAD, BRGY. BAGONG PAG-ASA, QUEZON CITY III.The Post-qualification Documentary Requirement by the declared LCB/HRB:
Within a non-extendible period of three (3) calendar days from the receipt of verbal/written notice from BAC, the Lowest Calculated Bidder shall submit the following documentary  BIR Registration Certification, which contains the Taxpayer's Identification Number;  Latest Tax Clearance;  Valid and current Phil-GEPS Registration;  Valid and current License to Operate (LTO) and its List of Sources issued by FAD of the  Valid and current Certificate of Product Registration (CPR) issued by FAD of the This checklist of Technical & Financial Requirements may be given to eligible bidders along with the Bid Documents. The bidders are encouraged to consult this checklist before submitting their Technical and Financial Envelopes on the deadline for the submission and receipt of Bids.

Source: http://bfp.gov.ph/wp-content/uploads/2013/11/BAC-ITB-2013-05R-Medicines.pdf