Philippine bidding documents

PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Intramuros, Manila
Bidding Documents
Republic of the Philippines
Purchase of Medical and Dental Supplies for
3rd and 4th Quarter 2010
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 -controlled corporations (GOCCs), government financial institutions (GFIs), state universities and colleges (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 (ITB) a (GCC). Data and provisions specific to each procurement and contract should be included in (BDS); (SCCand The forms to be used are provided 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 introducingwhere the information is useful for the Bidder. The following 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 procedures and 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 follow. The Bidding Documents should contain no footnotes excesince 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 date of issue. 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 shall 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
SECTION II. INSTRUCTION TO BIDDERS
SECTION III. BID DATA SHEET
SECTION IV. GENERAL CONDITIONS OF CONTRACT
SECTION V. SPECIAL CONDITIONS OF CONTRACT
SECTION VI. SCHEDULE OF REQUIREMENTS
SECTION VII. TECHNICAL SPECIFICATIONS
SECTION VIII. BIDDING FORMS
Section I. Invitation to Bid

Notes on the Invitation to Bid

The Invitation to Bid provides information that enables potential Bidders to decide
whether to participate in the procurement at hand. The Invitation to Bid shall be:
(a)
Advertised at least once in a newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement, subject to Sections 21.2.2 of the IRR of RA 9184; Posted continuously in the Philippine Government Electronic Procurement System (PhilGEPS) website, the website of the Procuring Entity concerned, if available, and the website prescribed by the foreign government/foreign or international financing institution, if applicable, for a minimum period of seven (7) calendar days starting on the date of advertisement; and Posted at any conspicuous place reserved for this purpose in the premises of the Procuring Entity concerned for a minimum period of seven (7) calendar days, as certified by the head of the Bids and Awards Committee (BAC) Secretariat of the Procuring Entity concerned. Apart from the essential items listed in the Bidding Documents, the Invitation to Bid should also indicate the following: (a) The date of availability of the Bidding Documents, which shall be from the time the Invitation to Bid is first advertised/posted until the deadline for the submission and receipt of bids; The place where the Bidding Documents may be purchased or the website where it may be downloaded; The deadline for the submission and receipt of bids from the last day of posting of the Invitation to Bid; and Any important bid evaluation criteria (e.g., the application of a margin of preference in bid evaluation). The Invitation to Bid should be incorporated into the Bidding Documents. The information contained in the Invitation to Bid must conform to the Bidding Documents and in particular to the relevant information in the BDS.


PAMANTASAN NG LUNGSOD NG MAYNILA
(University of the City of Manila)
Intramuros, Manila
INVITATION TO BID FOR Purchase of Medical and Dental Supplies for 3rd and 4th
Quarter 2010
1. The Pamantasan ng Lungsod ng Maynila (PLM), through the PLM's Corporate Budget
for the contract approved by the Board of Regents for C.Y. 2010 intends to apply the
sum of Nine Hundred Eighty - Six Thousand Eight Hundred Four Pesos & 20/100
Only (PhP986,804.20)
being the Approved Budget for the Contract (ABC) to payments
under the contract for Purchase of Medical and Dental Supplies for 3rd and 4th Quarter
2010 / 2010-G-50
. Bids received in excess of the ABC shall be automatically rejected at bid
opening.

2. The Pamantasan ng Lungsod ng Maynila now invites bids for Purchase of Medical and
Dental Supplies for 3rd and 4th Quarter 2010. Delivery of the Goods is required Seven (7)
Calendar Days Upon Receipt of P.O.
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.
3. Bidding will 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 Act". 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. 4. Interested bidders may obtain further information from Pamantasan ng Lungsod ng
Maynila and inspect the Bidding Documents at the address given below during Monday to
Friday, from
8:00 a.m. to 5:00 p.m.
5. A complete set of Bidding Documents may be purchased by interested Bidders on August
9 to August 26, 2010 from the address below and upon payment of a nonrefundable fee for
the Bidding Documents in the amount of Eight Hundred Pesos Only (PhP800.00).
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 shall pay the nonrefundable fee for the Bidding Documents not later than the submission of their bids. 6. The Pamantasan ng Lungsod ng Maynila will hold a Pre-Bid Conference on August 13,
2:00 p.m. at Pamantasan ng Lungsod ng Maynila, Rm. 202, Gusaling "Don Pepe
Atienza" General Luna Corner Muralla Sts., Intramuros,
Manila,
which shall be open to
all interested parties who have purchased the Bidding Documents.

7. Bids must be delivered to the address below on August 27, 2010, 2:00 p.m. All Bids must
be accompanied by a bid security in any of the acceptable forms and in the amount stated in
ITB Clause1 of the BDS.
Bid opening shall be on August 27, 2010, 2:00 p.m. at Pamantasan ng Lungsod ng
Maynila, Rm. 202, Gusaling "Don Pepe Atienza" General Luna Corner Muralla Sts.,
Intramuros,
Manila
. Bids will be opened in the presence of the Bidders' representatives
who choose to attend at the address below. Late bids shall not be accepted.
8. The Pamantasan ng Lungsod ng Maynila reserves the right to verify the veracity of any
information or authenticity of any document submitted in the course of bidding and to
undertake ocular inspection of offices and facilities of bidders.

It shall not assume any responsibility whatsoever to compensate or indemnify the bidders
for any expense incurred in the preparation of the bid, nor does it guarantee that an
award will be made.


9. The Pamantasan ng Lungsod ng Maynila reserves the right to accept or reject any bid,
declare a failure of bidding, to annul the bidding process, and to reject all bids at any time prior to contract award, or not to award the contract without thereby incurring any liability to the affected bidder or bidders if the funds/allotment for said program/project/activity has been withheld or reduced through no fault of its own.
10. For further information, please refer to:
Contact Name: EMERLINA Q. GOROSPE

PLM-BAC Secretariat
Procurement Office
Pamantasan ng Lungsod ng Maynila
Gen. Luna Corner Muralla Sts., Intramuros, Manila

Telefax No. 528-4592

_
DANILO A. BALUYOT
PLM-BAC Chairman
Section II. Instructions to Bidders

Notes on the Instructions to Bidders

This section of the Bidding Documents provides the information necessary for Bidders to
prepare responsive bids, in accordance with the requirements of the Procuring Entity. It
also provides information on bid submission, opening, evaluation, and award of contract.
Section II contains provisions that are to be used unchanged. Section III consists of
provisions that supplement, amend, or specify in detail, information or requirements
included in Section II which are specific to each procurement.
Matters governing performance of the Bidder, payments, or those affecting the risks,
rights, and obligations of the parties under the contract are not normally included in this
section, but rather undeand/or If duplication of a subject is inevitable in the other sections of the document
prepared by the Procuring Entity, care must be exercised to avoid contradictions between
clauses dealing with the same matter.
TABLE OF CONTENTS
1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent, Collusive, and Coercive Practices 4. Conflict of Interest 5. Eligible Bidders 6. Bidder's Responsibilities 7. Origin of Goods 8. Subcontracts B. CONTENTS OF BIDDING DOCUMENTS 9. Pre-Bid Conference 10. Clarification and Amendments of Bidding Documents C. PREPARATION OF BIDS 11. Language of Bids 12. Documents Comprising the Bid: Eligibility and Technical Components 13. Documents Comprising The Bid: Financial Component 14. Alternative Bids 15. Bid Prices 16. Bid Currencies 17. Bid Validity 18. Bid Security 19. Format and Signing of Bids 20. Sealing and Marking of Bids D. SUBMISSION AND OPENING OF BIDS 21. Deadline for Submission of Bids 22. Late Bids 23. Modification and Withdrawal of Bids 24. Opening and Preliminary Examination of Bids E. EVALUATION AND COMPARISON OF BIDS 25. Process to be Confidential 26. Clarification of Bids 27. Domestic Preference 28. Detailed Evaluation and Comparison of Bids 29. Post-Qualification 30. Reservation Clause F. AWARD OF CONTRACT 31. Contract Award 32. Signing of the Contract 33. Performance Security 34. Notice to Proceed A. General
Scope of Bid
The procuring entity named in (hereinafter referred to as the "Procuring Entity") wishes to receive bids for supply and delivery of the goods as described (hereinafter referred to as the "Goods"). The name, identification, and number of lots specific to this bidding are provided in 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 and in the amount indicated in It intends to apply part of the funds received for the Project, as defined in to cover eligible payments under the contract. Corrupt, Fraudulent, Collusive, and Coercive Practices
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 follows: "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 collusive 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. "collusive 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. "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; 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. 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
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
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) below: 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 bid; or 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. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall 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 following persons: If the Bidder is an individual or a sole proprietorship, to the Bidder himself; If the Bidder is a partnership, to all its officers and members; If the Bidder is a corporation, to all its officers, directors, and controlling 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
Unless otherwise indicated in the the following 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 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 shall be at least sixty percent (60%). 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 allow foreign bidders to participate; 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 Philippines; When the Goods sought to be procured are not available from local suppliers; or When there is a need to prevent situations that defeat competition or restrain trade. 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. Unless otherwise provided in the 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 shall be those described in the
and completed within the relevant period stated in the Invitation to Bid
and ITB Clause
Unless otherwise provided in 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 all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project. Where: 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
The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed as required in ITB Clause

The Bidder is responsible for the following: Having taken steps to carefully examine all of the Bidding Documents; 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; and 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 correct; Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify all 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 all 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 joint venture; 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. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Unless otherwise indicated in the failure to furnish all information or documentation required in the Bidding Documents shall result in the rejection of the bid and the disqualification of the Bidder. 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 all 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. 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. 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. 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. 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 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
Unless otherwise specified in 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 Project. 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 shall be disallowed. 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
If so specified in 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. 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. Any statement made at the pre-bid conference shall 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
Bidders who have purchased the Bidding Documents may request for clarifications on any part of the Bidding Documents for an interpretation. Such a request must be in writing and submitted to the Procuring Entity at the address indicated in the at least ten (10) calendar days before the deadline set for the submission and receipt of bids. 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 shall be identified as an amendment. 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 Bulletin must be informed and allowed 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 following 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 stated in the Mayor's permit issued by the city or municipality where the principal place of business of the prospective bidder is located; Statement of all its ongoing and completed government and private contracts within the period stated in including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following: (iii.1) name of the contract; (iii.2) date of the contract; (iii.3) kinds of Goods; (iii.4) amount of contract and value of outstanding contracts; (iii.5) date of delivery; and (iii.6) end user's acceptance or official receipt(s) issued for the contract, if completed. 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
and
Class "B" Document: 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 successful. Technical Documents – Bid security in accordance with ITB ClauseIf 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 instruments; Conformity with technical specifications, as enumerated and specified in Sections VI and VII of the Bidding Documents; and Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed 13. Documents Comprising the Bid: Financial Component
Unless otherwise stated in the financial component of the bid shall contain Financial Bid Form, which includes bid prices and the bill of quantities
and the applicable Price Schedules, in accordance with ITB Clausea
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
Any other document required in the Unless otherwise stated in the all bids that exceed the ABC shall not be 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
The Bidder shall 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. The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities. Bids not addressing or providing all 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 Government. 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, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris. Prices indicated on the Price Schedule shall be entered separately in the following 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 ex factory; 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 awarded. The price for inland transportation, insurance, and other local costs incidental to delivery of the Goods to their final destination. 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 shall be quoted DDP with the place of destination in the Philippines as specified in 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 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, unless
otherwise specified in the A bid submitted with an adjustable price
quotation shall be treated as non-responsive and shall 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 as indicated in the and specified in the GCC and its
corresponding SCC provision.
16. Bid Currencies
Prices shall be quoted in the following currencies: For Goods that the Bidder will supply from within the Philippines, the prices shall 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 However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening. If so allowed in accordance with ITB Clausethe 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. Unless otherwise specified in payment of the contract price shall be made in Philippine Pesos. 17. Bid Validity
Bids shall remain valid for the period specified inwhich shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids. 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
shall not be required or permitted to modify its bid.
18. Bid Security
The bid security in the amount stated in shall be equal to the percentage of the ABC in accordance with the following schedule: Amount of Bid Security Form 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 shall 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 Five percent (5%) by the Insurance Commission as authorized to issue such security. 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. The bid security should be valid for the period specified in Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive. 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
Upon signing and execution of the contract pursuant to ITB Clause and the
posting of the performance security pursuant to ITB Clausethe successful
Bidder's bid security will be discharged, but in no case later than the bid
security validity period as indicated in the ITB Cla
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

fails to submit the requirements within the prescribed period or
a finding against their veracity as stated in ITB Clause or
any other reason stated in if the successful Bidder: fails to sign the contract in accordance with ITB Clause
fails to furnish performance security in accordance with ITB
Clause
any other reason stated in 19. Format and Signing of Bids
Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided on or before the
deadline specified in the ITB Clauses in two (2) separate sealed bid
envelopes, and which shall 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.
Forms as mentioned in ITB Clausemust be completed without any alterations to
their format, and no substitute form shall be accepted. All blank spaces shall be filled in with the information requested. The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauseand In the event of any discrepancy between
the original and the copies, the original shall prevail.
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 the Bidder. 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
Unless otherwise indicated in 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 BID".
Each copy of the first and second envelopes shall 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 envelope. The original and the number of copies of the Bid as indicated in shall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s. 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
Clause
bear the specific identification of this bidding process indicated in the
ITB Clause
bear a warning "DO NOT OPEN BEFORE…" the date and time for
the opening of bids, in accordance with ITB Clause
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. Moreover, failure to comply with the required sealing and marking of bids shall be a ground for disqualification. 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 Clauseshall be declared "Late" and shall
not be accepted by the Procuring Entity.
23. Modification and Withdrawal of Bids
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 allowed 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. 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. 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. 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
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 shall check the submitted
documents of each bidder against a checklist of required documents to
ascertain if they are all 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". 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 Clausethe BAC
shall rate the bid concerned as "failed". Only bids that are determined to
contain all the bid requirements for both components shall be rated "passed"
and shall immediately be considered for evaluation and comparison.
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. 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 Clauseems (i) to (v).
In the case of an eligible foreign Bidder as described in ITB Clausethe 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.
Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clauses and Submission of documents required
under ITB Clauses to by any of the joint venture
partners constitutes compliance.
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 shall 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 resolved. The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price, bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read. E. Evaluation and Comparison of Bids
25. Process to be Confidential
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 allowed in thor in the case of ITB
Clause 26.
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 will 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 shall 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
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 following: The preference shall be applied when (i) the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder, or (ii) 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 (ii) 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 all the documentary requirements under these Bidding Documents. 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. 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 Philippines. 28. Detailed Evaluation and Comparison of Bids
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 Clauseer to determine the Lowest Calculated Bid.
The Lowest Calculated Bid shall 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. The Procuring Entity's BAC shall immediately conduct a detailed evaluation of all bids rated "passed," using non-discretionary pass/fail criteria. Unless otherwise specified in the BAC shall consider the following 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 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 Procuring Entity; and Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of all 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. Based on the detailed evaluation of bids, those that comply with the above-mentioned requirements shall 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 shall not be considered. Unless otherwise indicated in the Procuring Entity's evaluation of bids shall only be based on the bid price quoted in the Financial Bid Form. Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, all 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
The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB) complies
with and is responsive to all the requirements and conditions specified in ITB
Clause a
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 following 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 for award. The determination shall be based upon an examination of the documentary evidence of the Bidder's qualifications submitted pursuant to ITB Clauseandas
well as other information as the Procuring Entity deems necessary and
appropriate, using a non-discretionary "pass/fail" criterion.
If the BAC determines that the Bidder with the Lowest Calculated Bid passes all 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. 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. 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
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. Based on the following grounds, the Procuring Entity reserves the right to reject any and all 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 shall be entered into as a result of the bidding: If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion 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 following 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 follows: 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 If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity. In addition, the Procuring Entity may likewise declare a failure of bidding when: No bids are received; All prospective bidders are declared ineligible; All bids fail to comply with all 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
Subject to ITB Clausethe Procuring Entity shall award the contract to the Bidder
whose bid has been determined to be the LCRB. 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. Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following 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 Claused
Approval by higher authority, if required. At the time of contract award, the Procuring Entity shall not increase or decrease the quantity of goods originally specified in 32. Signing of the Contract
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. 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. The Procuring Entity shall enter into contract with the successful Bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with. The following 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 Clausepplicable;
Notice of Award of Contract; and Other contract documents that may be required by existing laws and/or specified in the 33. Performance Security
To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall 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. The performance security shall 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 following 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 shall 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 Thirty percent (30%) certified by the Insurance Commission as authorized to issue such security; and/or the Proportionate to share of form with respect to total amount of security Failure of the successful Bidder to comply with the above-mentioned requirement shall 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 shall declare the bidding a failure and conduct a re-bidding with re-advertisement. 34. Notice to Proceed
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. The date of the Bidder's receipt of the Notice to Proceed will be regarded as the effective date of the contract, unless otherwise specified in the Section III. Bid Data Sheet

Notes on the Bid Data Sheet

Section III is intended to assist the Procuring Entity in providing the specific information
in relation to corresponding clauses in the ITB included in Section II, and has to be
prepared for each specific procurement.
The Procuring Entity should specify in the BDS information and requirements specific to
the circumstances of the Procuring Entity, the processing of the procurement, the
applicable rules regarding bid price and currency, and the bid evaluation criteria that will
apply to the bids. In preparing Section III, the following aspects should be checked:
(a)
Information that specifies and complements provisions of Section II must be incorporated. Amendments and/or supplements, if any, to provisions of Section II as necessitated by the circumstances of the specific procurement, must also be incorporated. Bid Data Sheet
ITB Clause
The PROCURING ENTITY is: Pamantasan ng Lungsod ng Maynila
(PLM).

The lot(s) and reference is/are: Reference No.: 2010-G-50
Purchase of Medical and Dental Supplies for 3rd and 4th Quarter 2010)
The Funding Source is: The Government of the Philippines (GOP) through PLM's Corporate
Budget for the contract approved by the Board of Regents for C.Y. 2010,
in the amount of Nine Hundred Eighty - Six Thousand Eight Hundred
Four Pesos & 20/100 Only (PhP986,804.20)

No further instructions. None of the circumstances mentioned in the ITB Clause exists in this
Project. Foreign bidders, except those falling under ITB Clausemay
not participate in this Project.
For the procurement of Non-expendable Supplies: The Bidder must
have completed, within the period specified in the Invitation to Bid and
ITB Clausea single contract that is similar to this Project,
equivalent to at least fifty percent (50%) of the ABC.
For the procurement of Expendable Supplies: The Bidder must have
completed, within the period specified in the Invitation to Bid and ITB
Clause a single contract that is similar to this Project,
equivalent to at least twenty-five percent (25%) of the ABC.
For this purpose, similar contracts shall refer to "No further instructions". No further instructions. No further instructions. No further instructions. "Subcontracting is not allowed." "Not applicable". The Procuring Entity will hold a pre-bid conference for this Project on
August 13, 2010, 2:00 p.m. at Rm. 202, Gusaling "Don Pepe" Atienza,
Pamantasan ng Lungsod ng Maynila, Gen. Luna Corner Muralla Sts.,
Intramuros, Manila.

The PROCURING ENTITY's address is: PLM-BAC Secretariat Office
Procurement Office
Pamantasan ng Lungsod ng Maynila
Gen. Luna Corner Muralla Sts., Intramuros, Manila

Contact Name: EMERLINA Q. GOROSPE

BAC Secretariat
Telefax No. 528-4592
No further instructions. "No other acceptable proof of registration is recognized." The statement of all ongoing and completed government and private
contracts shall include all such contracts within three years prior to the
deadline for the submission and receipt of bids.
"No additional Requirements" The ABC is Nine Hundred Eighty - Six Thousand Eight Hundred Four
Pesos & 20/100 Only (PhP986,804.20)
. Any Bid with a financial proposal
exceeding this amount shall not be accepted.
See GCC Clause 6.2 of the Special Condition of Contract The price of the Goods shall be quoted DDP to Pamantasan ng Lungsod
ng Maynila.

See GCC Clause 6.2 of the Special Condition of Contract Bid Prices shall be fixed. Adjustable price proposals shall be treated as non-responsive and shall be rejected. 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 The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos. No further instructions. Bids will be valid until: December 25, 2010 or 120 calendar days after opening
of the bids whichever comes last.

The bid security shall be in the following amount: 1. 2% of ABC, if bid security is in cash, cashier's/manager's check, bank draft/guarantee or irrevocable letter of credit; 2. 5% of ABC, if bid security is in Surety Bond; or 3. Any combination of the foregoing proportionate to the share of form with respect to total amount of security. The Bid Security shall be valid until: December 25, 2010 or 120 calendar days
after opening of the bids whichever comes last.

Additional Grounds for forfeiture of bid security: 1. Submission of eligibility requirements containing false information or falsified documents. 2. 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. 3. Allowing the use of one's name, or using the name of another for purposes of public bidding. 4. 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. 5. Refusal or failure to post the required performance security within the prescribed time. 6. 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. 7. Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor. 8. Failure of the potential joint venture partners to enter into the joint venture after the bid is declared as successful. 9. All 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. No further instructions. No further instructions. Each Bidder shall submit one (1) original and two (2) copies of the first and
second components of its bid. Likewise, the original of all commercial documents
shall be presented for authentication purposes. The Address for Submission of Bids is: Pamantasan ng Lungsod ng Maynila
Rm. 202, Gusaling "Don Pepe" Atienza
Gen. Luna Corner Muralla Sts., Intramuros, Manila
The deadline for Submission of Bids is: August 27, 2010, 2:00 p.m.
The place of Bid opening is: Pamantasan ng Lungsod ng Maynila
Rm. 202, Gusaling "Don Pepe" Atienza
Gen. Luna Corner Muralla Sts., Intramuros, Manila

The date and time of Bid opening is: August 27, 2010, 2:00 p.m.
No further instructions. No further instructions. Grouping and Evaluation of Lots –
Lots should be formed of similar items that are likely to attract the maximum competition. A lot is the quantity and number of items that will be included in a single contract. For example: Option 3 – Similar items, to be grouped together to form several lots that shall be evaluated and awarded as separate contracts. All GOODS are grouped in lots listed below. Bidders shall have the option of submitting a proposal on any or all lots and evaluation and contract award will be undertaken on a per lot basis. Lots shall not be divided further into sub-lots for the purpose of bidding, evaluation, and contract award. Bid modification is not allowed. No further instructions. Bidders should submit tax returns filed through the Electronic Filing and Payments System (EFPS). NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission. or
Authorization in the case of a bidder offering to supply GOODS under the
Contract which the Bidder did not manufacture or otherwise produce.

No Additional Requirements
The effective date of the Contract is: Upon receipt of the Purchase Order (P.O.)
Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The GCC in Section IV, read in conjunction with the SCC in Section V and other
documents listed therein, should be a complete document expressing all the rights and
obligations of the parties.
The GCC herein shall not be altered. Any changes and complementary information, which
may be needed, shall be introduced only through the SCC in Section V.
TABLE OF CONTENTS

1. DEFINITION

2. CORRUPT, FRAUDULENT, COLLUSIVE AND COERCIVE PRACTICES
3. INSPECTION AND AUDIT BY THE FUNDING SOURCE
4. GOVERNING LAW AND LANGUAGE
5. NOTICES
6. SCOPE OF CONTRACT
7. SUBCONTRACTING
8. PROCURING ENTITY'S RESPONSIBILITIES

9. PRICES
10. PAYMENT
11. ADVANCE PAYMENT
12. TAXES AND DUTIES
13. PERFORMANCE SECURITY
14, USE OF CONTRACT DOCUMENTS AND INFORMATION
15. STANDARDS
16. INSPECTION AND TESTS
17. WARRANTY
18. DELAY'S IN THE SUPPLIER'S PERFORMANCE
19. LIQUIDATED DAMAGES
20. SETTLEMENT OF DISPUTE
21. LIABILITY OF THE SUPPLIER
22. FORCE MAJEURE
23. TERMINATION FOR DEFAULT
24. TERMINATION FOR INSOLVENCY
25. TERMINATION FOR CONVENIENCE
26. TERMINATION FOR UNLAWFUL ACTS
27. PROCEDURES FOR TERMINATION OF CONTRACTS
28. ASSIGNMENT OF RIGHTS
29. CONTRACT AMENDMENT
30. APPLICATION
Definitions
In this Contract, the following terms shall 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 obligations. "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 Contract. "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, 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 Section. "SCC" means the Special Conditions of Contract. "The Procuring Entity" means the organization purchasing the Goods, as named in the "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 na The "Funding Source" means the organization na "The Project Site," where applicable, means the place or places named in the "Day" means calendar day. 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
The Procuring Entity as well as the bidders, contractors, or suppliers shall 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 follows: "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 collusive 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. "collusive 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. "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; 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. 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
This Contract shall be interpreted in accordance with the laws of the Republic of the This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English. 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 thewhich shall be effective when delivered and duly received or on the notice's effective date, whichever is later. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in for GCC Clause

Scope of Contract
The GOODS and Related Services to be provided shall be as specified in This Contract shall include all such items, although not specifically mentioned, that can be reasonably inferred as being required for its completion as if such items were expressly mentioned herein. Any additional requirements for the completion of this Contract shall be provided in the 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 workmen. 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
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 shall, 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. The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with GCC Clause
Prices charged by the Supplier for Goods delivered and/or services performed under
this Contract shall 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 Clauseor if applicable, adjustments authorized in accordance with the
price adjustment provisions specified in the SCC.
10. Payment
Unless otherwise specified in the SCC, 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
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.
Pursuant to GCC Clauseyments 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. Unless otherwise specified in the SCC, the currency in which payment is made to the
Supplier under this Contract shall be in Philippine Pesos. 11. Advance Payment
Advance payment shall be made only after prior approval of the President, and shall not exceed fifteen percent (15%) of the Contract amount, unless otherwise directed by the President or in cases allowed under Annex "D" of RA 9184. For Goods supplied from abroad, ten percent (10%) of the Contract price shall be paid within sixty (60) calendar days from signing of the contract and upon submission of a claim and a bank guarantee issued by a licensed bank for the equivalent amount valid until the Goods are delivered and in the form pr 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, shall 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
Unless otherwise specified in the SCC, 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
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. The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. Unless otherwise specified in the SCC, 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 following 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 against it; and Other terms specified in the 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 security. 14. Use of Contract Documents and Information
The Supplier shall 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. Any document, other than this Contract itself, enumerated in GCC Clauseshall
remain the property of the Procuring Entity and shall be returned (all 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 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
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. The SCC and 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.
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), all 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 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 shall bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. 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 Cla
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
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. The Supplier further warrants that all 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. In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period specified
in the SCC. 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 every progress 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 SCC. The said amounts shall only be released
after the lapse of the warranty period specified in the SCC; 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.
The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall,
within the period specified in the SCC and with all reasonable speed, repair or
replace the defective Goods or parts thereof, without cost to the Procuring
Entity.
If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in GCC Clausethe 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 law.
18. Delays in the Supplier's Performance
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 Entity in 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 Clausethe 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
Contract.
Except as provided under GCC Clausea 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 Clause without the application of liquidated
damages.
19. Liquidated Damages
Subject to GCC Clauseaif the Supplier fails to satisfactorily deliver any or
all 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, a sum equivalent to the
percentage specified in the of the delivered price of the delayed Goods or
unperformed Services for each week or part thereof of delay until actual delivery or
performance, up to a maximum deduction of the percentage specified in Once the maximum is reached, the Procuring Entity shall rescind the Contract
pursuant to GCC Clause prejudice to other courses of action and remedies
open to it.
20. Settlement of Disputes
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. 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 given. 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. Arbitration proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.
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
Subject to additional provisions, if any, set forth in the SCC, the Supplier's liability
under this Contract shall be as provided by the laws of the Republic of the Philippines. 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 shall 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
The Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of a force majeure. 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. 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 all reasonable alternative means for performance not prevented by the force majeure. 23. Termination for Default
The Procuring Entity shall terminate this Contract for default when any of the following conditions attends its implementation: Outside of force majeure, the Supplier fails to deliver or perform any or all 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 all 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 ceased; or The Supplier fails to perform any other obligation under the Contract. In the event the Procuring Entity terminates this Contract in whole or in part, for any of the reasons provided under GCC Clausethe 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 shall be liable
to the Procuring Entity for any excess costs for such similar Goods or
Services. However, the Supplier shall continue performance of this Contract
to the extent not terminated.
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
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 policies. 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. 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 made. 26. Termination for Unlawful Acts
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, the following: 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
The following provisions shall govern the procedures for termination of this Contract: 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 all 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 shall state: 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; an instruction to the Supplier to show cause as to why this Contract should not be terminated; and 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 anytime before receipt of the Supplier's verified position paper to 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 shall 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

Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity in
providing contract-specific information in relation to corresponding clauses in the GCC.
The provisions of this Section complement the GCC, specifying contractual requirements
linked to the special circumstances of the Procuring Entity, the Procuring Entity's country,
the sector, and the Goods purchased. In preparing this Section, the following aspects
should be checked:
(a) Information that complements provisions of Section IV must be incorporated. (b) Amendments and/or supplements to provisions of Section IV, as necessitated by the circumstances of the specific purchase, must also be incorporated. However, no special condition which defeats or negates the general intent and purpose of the provisions of Section IV should be incorporated herein. Special Conditions of Contract
GCC Clause
The PROCURING ENTITY is: Pamantasan ng Lungsod ng
Maynila (PLM).

The Supplier is : The Funding Source is:
The Government of the Philippines (GOP) through PLM's Corporate
Budget for the contract approved by the Board of Regents for C.Y.
2010
in the amount of Nine Hundred Eighty - Six Thousand Eight
Hundred Four Pesos & 20/100 Only (PhP986,804.20)

The Project Site is outside Pamantasan ng Lungsod ng Maynila
The PROCURING ENTITY's address for Notices is: PLM-BAC Secretariat
Procurement Office
Pamantasan ng Lungsod ng Maynila
Gen. Luna Corner Muralla Sts., Intramuros, Manila
Contact Name: EMERLINA Q. GOROSPE
PLM-BAC Secretariat
Telefax No.: 528-4592.

The Supplier's address for Notices is: Address: _
Contact Person: _
Telephone No.:

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 shall be as follows: For foreign Suppliers, state "The delivery terms applicable to the Contract are DDP delivered [insert place of destination]. In accordance with INCOTERMS." For domestic Suppliers, state "The delivery terms applicable to this Contract are delivered [insert place of destination]. Risk and title will pass from the Supplier to the Procuring Entity upon receipt and final acceptance of the Goods at their final destination." Delivery of the Goods shall be made by the Supplier in accordance with the terms specified The details of shipping and/or other documents to be furnished by the Supplier are as follows: For Goods supplied from within the Philippines or by domestic Suppliers: Upon delivery of the Goods to the Project Site, the Supplier shall notify the Procuring Entity and present the following 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; Original Supplier's factory inspection report; 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); 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 (excluding domestic Suppliers): Upon shipment, the Supplier shall notify the Procuring Entity and the insurance company by cable the full 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 following 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 ; Original Supplier's factory inspection report; 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); Delivery receipt detailing number and description of items received signed by the Procuring Entity's representative at the Project Site; (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 purposes of this Clause the Procuring Entity's Representative at the Project Site is [insert name(s)]. Incidental Services –
The Supplier is required to provide all of the following services, including additional services, if any, specified 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 training of the Procuring Entity's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. The Contract price for the Goods shall include the prices charged by the Supplier for incidental services and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. Spare Parts –
The Supplier is required to provide all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier: such spare parts as the Procuring Entity may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under this Contract; and in the event of termination of production of the spare parts: advance notification to the Procuring Entity of the pending termination, in sufficient time to permit the Procuring Entity to procure needed requirements; and following such termination, furnishing at no cost to the Procuring Entity, the blueprints, drawings, and specifications of the spare parts, if requested. The spare parts required are listed in and the cost thereof are included in the Contract Price The Supplier shall carry sufficient inventories to assure ex-stock supply of consumable spares for the Goods for a period of [insert here the time period specified. If not used insert time period of three times the warranty period]. Other spare parts and components shall be supplied as promptly as possible, but in any case within [insert appropriate time period] months of placing the order. Packaging –
The Supplier shall provide such packaging of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in this Contract. The packaging shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packaging case size and weights shall take into consideration, where appropriate, the remoteness of the GOODS' final destination and the absence of heavy handling facilities at all points in transit. The packaging, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified below, and in any subsequent instructions ordered by the Procuring Entity. The outer packaging must be clearly marked on at least four (4) sides as follows: 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 shall 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 shall be specified in this Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price. Where the Supplier is required under this Contract to transport the Goods to a specified place of destination within the Philippines, defined as the Project Site, transport to such place of destination in the Philippines, including insurance and storage, as shall be specified in this Contract, shall be arranged by the Supplier, and related costs shall be included in the Contract Price. Where the Supplier is required under Contract to deliver the Goods
CIF, CIP or DDP, Goods are to be transported on carriers of
Philippine registry. In the event that no carrier of Philippine registry is
available, Goods may be shipped by a carrier which is not of
Philippine registry provided that the Supplier obtains and presents to
the Procuring Entity certification to this effect from the nearest
Philippine consulate to the port of dispatch. In the event that carriers
of Philippine registry are available but their schedule delays the
Supplier in its performance of this Contract the period from when the
Goods were first ready for shipment and the actual date of shipment
the period of delay will be considered force majeure in accordance
with GCC Clause
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 shall indemnify the Procuring Entity against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof. For the given scope of work in this Contract as awarded, all 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-A. No further instructions. No further instructions. No further instructions. No further instructions. No further instructions. The inspections and tests that will be conducted is: Ocular Inspection
The Goods pertain to Expendable Supplies: Three (3) months after acceptance by the Procuring Entity of the delivered Goods or after the Goods are consumed, whichever is earlier. Goods pertain to Non-expendable Supplies: One (1) year after acceptance by the Procuring Entity of the delivered Goods. The period for correction of defects in the warranty period is Seven (7)
Days

The applicable rate is one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay. The maximum deduction shall be ten percent (10%) of the amount of contract. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, the procuring entity shall rescind the contract, without prejudice to other courses of action and remedies open to it. 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." "No additional provision" Section VI. Schedule of Requirements
The delivery schedule stipulated hereafter expressed the date of delivery to the project site on a quarterly basis per stock position. Description
Quantity Total
Implemented by Quarter
Section VII. Technical Specifications

Notes for Preparing the Technical Specifications
A set of precise and clear specifications is a prerequisite for Bidders to respond realistically
and competitively to the requirements of the Procuring Entity without qualifying their bids.
In the context of Competitive Bidding, the specifications (e.g. production/delivery
schedule, manpower requirements, and after-sales service/parts) must be prepared to
permit the widest possible competition and, at the same time, present a clear statement of
the required standards of workmanship, materials, and performance of the goods and
services to be procured. Only if this is done will the objectives of transparency, equity,
efficiency, fairness and economy in procurement be realized, responsiveness of bids be
ensured, and the subsequent task of bid evaluation and post-qualification facilitated. The
specifications should require that all items, materials and accessories to be included or
incorporated in the goods be new, unused, and of the most recent or current models, and
that they include or incorporate all recent improvements in design and materials unless
otherwise provided in the Contract.
Samples of specifications from previous similar procurements are useful in this respect.
The use of metric units is encouraged. Depending on the complexity of the goods and the
repetitiveness of the type of procurement, it may be advantageous to standardize the
General Technical Specifications and incorporate them in a separate subsection. The
General Technical Specifications should cover all classes of workmanship, materials, and
equipment commonly involved in manufacturing similar goods. Deletions or addenda
should then adapt the General Technical Specifications to the particular procurement.
Care must be taken in drafting specifications to ensure that they are not restrictive. In the
specification of standards for equipment, materials, and workmanship, recognized
Philippine and international standards should be used as much as possible. Where other
particular standards are used, whether national standards or other standards, the
specifications should state that equipment, materials, and workmanship that meet other
authoritative standards, and which ensure at least a substantially equal quality than the
standards mentioned, will also be acceptable. The following clause may be inserted in the
Special Conditions of Contract or the Technical Specifications.
Sample Clause: Equivalency of Standards and Codes
Wherever reference is made in the Technical Specifications to specific standards and codes
to be met by the goods and materials to be furnished or tested, the provisions of the latest edition or revision of the relevant standards and codes shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national or relate to a particular country or region, other authoritative standards that ensure substantial equivalence to the standards and codes specified will be acceptable. Reference to brand name and catalogue number should be avoided as far as possible; where unavoidable they should always be followed by the words "or at least equivalent." References to brand names cannot be used when the Funding Source is the GOP. Where appropriate, drawings, including site plans as required, may be furnished by the Procuring Entity with the Bidding Documents. Similarly, the Supplier may be requested to provide drawings or samples either with its Bid or for prior review by the Procuring Entity during contract execution. Bidders are also required, as part of the technical specifications, to complete their statement of compliance demonstrating how the items comply with the specification. Technical Specifications
Statement of Compliance

Bidders must state here either "Comply"
or "Not Comply" against each of the
individual
Specification stating the corresponding
performance parameter of the equipment
offered. Statements 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 un-amended sales
literature, unconditional statements of
specification and compliance issued by the
manufacturer, samples, independent test
data etc., as appropriate. A statement that
is not supported by evidence or is
subsequently found to be contradicted by
the evidence presented will render the Bid
under evaluation liable for rejection. A
statement either in the Bidders statement
of compliance or the supporting evidence
that is found to be false either during Bid
evaluation, post-qualification or the
execution of the Contract may be regarded
as fraudulent and render the Bidder or
supplier liable for prosecution subject to
the provisions of ITB Clause and/or GCC Clause
TECHNICAL SPECIFICATION
Item Description
by Quarter
Medical Supplies
Celecoxib 200mg/cap Diclofenac K, 50mg Diclofenac Na, 50mg Ibuprofen + Paracetamol, 200mg Mefenamic Acid, 500mg Naproxen Na, 550mg Paracetamol, 300mg/2ml Paracetamol, 500mg Carbocisteine, 500mg Carbocisteine Pediatric Suspension 100mg/5ml (120ml) Benzydamine HCl 3mg Benzoxonium Cl + Lidocaine HCl 1mg/1mg PPA+Chlorpheniramine+Paracetamol 25mg/2mg/500mg PPA+Chlorpheniramine+Paracetamol 10mg/2mg/500mg Paracetamol + Phenylpropanolamine 325mg/18mg Butamirate citrate sustained release 50mg Salbutamol, 2.5mg/2.5ml Budesonide 250mcg/ml Aluminum Magnesium Hydroxide+Simethicone chewtabs Aluminum Hydroxide + Magnesium Hydroxide 200mg/200mg Aluminum Magnesium Hydroxide Suspension 355ml Esomeprazole 40mg/tab Ranitidine, 150mg Ranitidine, 500mg/ml 2ml ampule Domperidone 10mg/tab Hyoscine N-butylbromide 10mg Hyoscine N-butylbromide 20mg/ml Metoclopramide 10mg/tab Captopril 25mg/tab Felodipine 2.5mg/tab Losartan K + Hydrochlorothiazide 50mg/12.5mg Metoprolol, 50mg Amoxicillin 500mg/cap Cefalexin, 500mg Cloxacillin, 500mg Cotrimoxazole 800mg/160mg/tab Erythromycin, 500mg Nitrofurazone ointment 25 grams Norfloxacin 200 mg Silver Sulfadiazine cream 20 grams Tranexamic Acid 500mg Chlorphenamine 10mg/ml 10cc vial Cetirizine, 10mg Betamethasone .25mg + Dexchlorphenamine maleate 2mg Hydrocortisone 100mg/vial Betahistine diHCl, 80 mg Meclizine HCl 25mg Sumatriptan 50mg Glimepiride 2mg/tab Metformin 500mg/tab Dextran + Hydroxyprophyl Eye Drops 15ml Anthraquinone Glycosides+Salicylic Acid 10mg+ Alcohol 60% Methysalicylate 57 grams Zinc Oxide + Calamine 1/8oz. 3.5g Eucalyptus 50 grams Betamethasone Cream, 5 grams Betamethasone + Gentamicin + Tolnaflate + Clioquinol Ointment 5 grams Plastic Strips, 100's/box Battery C-size, 2 pieces/pack for Diagnostic Set Cholemeter with strips Cotton buds, 200 tips Cotton, 400 grams Epinephrine ampule Examination Gloves 100's/box Glucometer Strips (Compatible with IN-DUO Glucometer) Hand Sanitizer 50ml Hydrogen Peroxide 500 ml Leukoplast 1.25cm x 5cm Lysol Disinfectant Spray 12 oz. (340 grams) Povidone Iodine Antiseptic Solution 120ml Powder Soap, 1 kilo/pack Heavy Duty Scrub Sponge Mini-Size 75mmx75mmx30mm Sterile Gloves size 6" Syringe with Needle, 3ml Tissue Paper 2 ply Tongue Depressor 100's/box Transpore 12 mm x 5 mm Tuberculline Syringe 1 ml Vicryl Non-absorbable suture (4-0) with cutting needle Sub-Total, PhP
586,681.20
Dental Supplies
NSK Cartridge Pana-Air Handpiece (Japan) Minihead NSK Cartridge Pana-Air Handpiece (Japan) Standard Terumo Disposable Dental Needle Gauge 27 100's Lidocaine 50 cartridge (Anesthesia) Copalite Cavity Varnish Round Bur (Small) Extra Long Bur (Big) Extra Long Bur (Small) Pear Shape Bur (Big) Pear Shape Bur (Small) Tapering Bur (Small) Xylocaine Spray (Anesthesia) Xylocaine Ointment Sand Paper Strips 100's Self Curing Liquid only Paper Towel (Tissue Paper Long) (Brawny) 2 Ply
Disposable Bib 100 pieces Qualatex Examination Gloves (Master Guard) Extra-Smal
Oral B Dental Floss ( 55 yards) Mouth Mirror with Handle ( Big ) Debacterol 1 ml. Disposable Saliva Ejector Tips 100's IRM (Big) 14 gms. Cotton Balls 150's Spongestan (Gel Foam) 24's Hexetidine Bactidol Sol'n, 500ml. SDI Amalgam cap. 100's Barbed Broaches (Pulpdent) Polyseal Sterilization Pouch size 3½" x 9" 3M Restorative Z 350 (Filtex) Heliomolar A2 Radiopaque Heliomolar A3 Radiopaque Heliomolar A3.5 Radiopaque Disposable Cups 100's 8 oz. Prophylactic Paste with Baking Soda Cotton Points
Sponge 3M (Scotch Brite) Green Cross Rubbing Alcohol, 500ml. Flowable 3M Espe Filtex Z350 A3 Temrex Temporary Cement Fuji I Glass Ionomer Cement Matrix Band Holder SDI Bonding Agent SDI Super Etch Gel Light Bulb (Dentsply Light Cure) Orahex Forte, 500ml. Sub-Total, PhP
115,867.00
rDNA Hepatitis B 20mcg/ml Vaccine Sub-Total, PhP
284,256.00
Total Amount, PhP
986,804.20
Section VIII. Bidding Forms

Notes on the Bidding Forms

The Bidder shall complete and submit with its Bid the Bid Form and Price Schedules
in accordance with ITB Clausewith the requirements of the Bidding Documents
and the format set out in this Section.
When requested in the BDS, the Bidder should provide the Bid Security, either in the
form included hereafter or in another form acceptable to the Entity, pursuant to ITB
Clause
The Contract Agreement Form, when it is finalized at the time of contract award,
should incorporate any corrections or modifications to the accepted Bid resulting from
price corrections. The Price Schedule and Schedule of Requirements deemed to form
part of the contract should be modified accordingly.
The Performance Security Form and Bank Guarantee Form for Advance Payment
should not be completed by the Bidders at the time of their Bid preparation. Only the
successful Bidder will be required to provide performance security and bank guarantee
for advance payment in accordance with one of the forms indicated herein or in another
form acceptable to the Procuring Entity and pursuant to GCC Clause and its
corresponding SCC provision.
The sworn affidavit must be completed by all Bidders in accordance with ITB Clausefailure to do so and submit it with the bid shall result in the rejection of the bid and the
Bidder's disqualification.
TABLE OF CONTENTS
1. BID FORM 2. CONTRACT AGREEMENT FORM 3. OMNIBUS SWORN STATEMENT 4. BANK GUARANTEE FORM FOR ADVANCE PAYMENT 5. SCHEDULE OF PRICES 6. BIDDER'S PROFILE STATEMENT 7. MANUFACTURER'S AUTHORIZATION FORM 8. NET FINANCIAL CONTRACTING CAPACITY 9. CHECLIST FOR ELIGIBILITY/TECHNICAL FINANCIAL COMPONENTS 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 this Bid. We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements. If our Bid is accepted, we undertake to provide a performance security in the form, amounts, and within the times specified in the 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. We certify/confirm that we comply with the eligibility requirements as per ITB Clause
of the Bidding Documents. 2 If ADB, JBIC and WB funded projects, use IFB. 3 Applicable only if the Funding Source is the ADB, JBIC or WB. 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, JBIC and WB funded projects, use IFB. For Goods Offered From Within the Philippines
. Invitation to Bid5 Number . Page of other incidental 5 If ADB, JBIC 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 called "the Entity") of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called "the Supplier") of the other part: 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 called "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. 2. The following 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 Contract 4. 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 written. 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 that: 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 Bidder]; 2. Select one, delete the other:
If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power and authority to do, execute and perform any and all 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 all 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 Board; 4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; 5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted; 6. Select one, delete the rest:
If a sole proprietorship: 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 degree; If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; 7. [Name of Bidder] complies with existing labor laws and standards; and 8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examine all of the Bidding Documents; b) Acknowledge all conditions, local or otherwise, affecting the implementation of 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 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 called the "Supplier") shall 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 modification. 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]. Yours truly, Signature and seal of the Guarantors [name of bank or financial institution] [address] SCHEDULE OF PRICES
Item Description
by Quarter
Medical Supplies
Celecoxib 200mg/cap Diclofenac K, 50mg Diclofenac Na, 50mg Ibuprofen + Paracetamol, 200mg Mefenamic Acid, 500mg Naproxen Na, 550mg Paracetamol, 300mg/2ml Paracetamol, 500mg Carbocisteine, 500mg Carbocisteine Pediatric Suspension 100mg/5ml (120ml) Benzydamine HCl 3mg Benzoxonium Cl + Lidocaine HCl 1mg/1mg PPA+Chlorpheniramine+Paracetamol 25mg/2mg/500mg PPA+Chlorpheniramine+Paracetamol 10mg/2mg/500mg Paracetamol + Phenylpropanolamine 325mg/18mg Butamirate citrate sustained release 50mg Salbutamol, 2.5mg/2.5ml Budesonide 250mcg/ml Aluminum Magnesium Hydroxide+Simethicone chewtabs Aluminum Hydroxide + Magnesium Hydroxide 200mg/200mg Aluminum Magnesium Hydroxide Suspension 355ml Esomeprazole 40mg/tab Ranitidine, 150mg Ranitidine, 500mg/ml 2ml ampule Domperidone 10mg/tab Hyoscine N-butylbromide 10mg Hyoscine N-butylbromide 20mg/ml Metoclopramide 10mg/tab Captopril 25mg/tab Felodipine 2.5mg/tab Losartan K + Hydrochlorothiazide 50mg/12.5mg Metoprolol, 50mg Amoxicillin 500mg/cap Cefalexin, 500mg Cloxacillin, 500mg Cotrimoxazole 800mg/160mg/tab Erythromycin, 500mg Nitrofurazone ointment 25 grams Norfloxacin 200 mg Silver Sulfadiazine cream 20 grams Tranexamic Acid 500mg Chlorphenamine 10mg/ml 10cc vial Cetirizine, 10mg Betamethasone .25mg + Dexchlorphenamine maleate 2mg Hydrocortisone 100mg/vial Betahistine diHCl, 80 mg Meclizine HCl 25mg Sumatriptan 50mg Glimepiride 2mg/tab Metformin 500mg/tab Dextran + Hydroxyprophyl Eye Drops 15ml Anthraquinone Glycosides+Salicylic Acid 10mg+ Alcohol 60% Methysalicylate 57 grams Zinc Oxide + Calamine 1/8oz. 3.5g Eucalyptus 50 grams Betamethasone Cream, 5 grams Betamethasone + Gentamicin + Tolnaflate + Clioquinol Ointment 5 grams Plastic Strips, 100's/box Battery C-size, 2 pieces/pack for Diagnostic Set Cholemeter with strips Cotton buds, 200 tips Cotton, 400 grams Epinephrine ampule Examination Gloves 100's/box Glucometer Strips (Compatible with IN-DUO Glucometer) Hand Sanitizer 50ml Hydrogen Peroxide 500 ml Leukoplast 1.25cm x 5cm Lysol Disinfectant Spray 12 oz. (340 grams) Povidone Iodine Antiseptic Solution 120ml Powder Soap, 1 kilo/pack Heavy Duty Scrub Sponge Mini-Size 75mmx75mmx30mm Sterile Gloves size 6" Syringe with Needle, 3ml Tissue Paper 2 ply Tongue Depressor 100's/box Transpore 12 mm x 5 mm Tuberculline Syringe 1 ml Vicryl Non-absorbable suture (4-0) with cutting needle Sub-Total, PhP
Dental Supplies
NSK Cartridge Pana-Air Handpiece (Japan) Minihead NSK Cartridge Pana-Air Handpiece (Japan) Standard Terumo Disposable Dental Needle Gauge 27 100's Lidocaine 50 cartridge (Anesthesia) Copalite Cavity Varnish Round Bur (Small) Extra Long Bur (Big) Extra Long Bur (Small) Pear Shape Bur (Big) Pear Shape Bur (Small) Tapering Bur (Small) Xylocaine Spray (Anesthesia) Xylocaine Ointment Sand Paper Strips 100's Self Curing Liquid only Paper Towel (Tissue Paper Long) (Brawny) 2 Ply
Disposable Bib 100 pieces Qualatex Examination Gloves (Master Guard) Extra-Smal
Oral B Dental Floss ( 55 yards) Mouth Mirror with Handle ( Big ) Debacterol 1 ml. Disposable Saliva Ejector Tips 100's IRM (Big) 14 gms. Cotton Balls 150's Spongestan (Gel Foam) 24's Hexetidine Bactidol Sol'n, 500ml. SDI Amalgam cap. 100's Barbed Broaches (Pulpdent) Polyseal Sterilization Pouch size 3½" x 9" 3M Restorative Z 350 (Filtex) Heliomolar A2 Radiopaque Heliomolar A3 Radiopaque Heliomolar A3.5 Radiopaque Disposable Cups 100's 8 oz. Prophylactic Paste with Baking Soda Cotton Points
Sponge 3M (Scotch Brite) Green Cross Rubbing Alcohol, 500ml. Flowable 3M Espe Filtex Z350 A3 Temrex Temporary Cement Fuji I Glass Ionomer Cement Matrix Band Holder SDI Bonding Agent SDI Super Etch Gel Light Bulb (Dentsply Light Cure) Orahex Forte, 500ml. Sub-Total, PhP
rDNA Hepatitis B 20mcg/ml Vaccine Sub-Total, PhP
Total Amount, PhP
Manufacturer's Authorization Form
To: [name of the PROCURING ENTITY] WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of [name and/or description of the goods] having factories at [address of factory] do hereby authorize [name and address of Agent] to submit a Bid, and subsequently negotiate and sign the Contract with you against IAEB No. [reference of the Invitation to Apply for Eligibility and to Bid] for the above goods manufactured by us. We hereby extend our full guarantee and warranty as per Clause 15 of the General Conditions of Contract for the goods offered for supply by the above firm against this IAEB. _ [signature for and on behalf of Manufacturer] Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent and having the special power of attorney to bind the Manufacturer. It should be included by the Bidder in its Bid. NET FINANCIAL CONTRACTING CAPACITY (NFCC)
NFCC = [K (Current Assets – Current Liabilities)] – (Value of all Outstanding Works under On-going Contracts including Awarded Contracts yet to be started) K – 10 for a contract duration of one (1) year or less 15 for a contract duration of more than one (1) year up to two (2) years 20 for a contract duration of more than two (2) years CURRENT ASSETS
CURRENT LIABILITIES
Value of Outstanding Works under On-going Contracts:

PERCENTAGE
ESTIMATED
CONTRACT
OF PLANNED
COMPLETION
CONTRACT DESCRIPTION
AMOUNT AT
AND ACTUAL
Use additional sheet/s, if necessary FORMULA: K x ( - ) - = Ave. Current Assets Minus Ave. Current Liabilities Minus Total Outstanding Works NFCC Prepared and Submitted by: _ Signature Over Printed Name PART OF THE CONTRACT Bidder's or Duly Authorized Representative' s Signature CHECKLIST FOR ELIGIBILITY AND TECHNICAL COMPONENTS (First Envelope)

The First Envelope shall contain the following:
Eligibility Requirements

Class "A" Documents

o Certificate of Registration from Securities and Exchange Commission (SEC) for
corporations, Department of Trade and Industry (DTI) for sole proprietorship, CDA for
cooperatives, etc.;
o Valid and current Mayor's permit issued by the city or municipality where the principal
place of business of the prospective bidder is located; o Statement of the prospective bidder of all its ongoing and completed government and private contracts within the period stated in the BDS, including contracts awarded but not yet started,
if any. The statement shall include, for each contract, the following:
1. name of contract; 2. date of the contract; 3. kinds of Goods; 4. amount of contract and value of outstanding contracts; 5. date of delivery; and 6. end-user's acceptance or official receipt(s) for the contract, if completed. o Audited Financial Statement stamped "received" by the Bureau of Internal Revenue (BIR)
or its duly accredited and authorized institutions, for the preceding calendar year; o 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);

Class "B" Documents

o Valid joint venture agreement (JVA), in case the joint venture is already in existence. In
the absence of a JVA, duly notarized statements to enter into JVA.
Technical Documents

o Bid Security
o Manpower requirements; after sales service/parts/warranty, if applicable;
o Conformity with technical specifications, as enumerated and specified in Sections VI and
VII of the Bidding Documents, to include brochures of products if applicable; o Omnibus Sworn Statement by the prospective bidder or its duly authorized representative
using the form prescribed in Section VIII. Bidding Documents as to the following: 1. 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; 2. 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; 3. It is authorizing the Head of the Procuring Entity or his duly authorized representative/s to verify all the documents submitted; 4. 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 or joint venture; 5. It complies with the disclosure provision under Section 47 of IRR of RA 9184; 6. It complies with the responsibilities of a prospective or eligible bidder; and 7. It complies with the existing labor laws and standards, in case of procurement of CHECKLIST FOR FINANCIAL COMPONENTS (Second Envelope)
The Second Envelope shall contain the following:

o Financial Bid Form, which includes bid prices and bill of quantities and the applicable Price
Schedules, in accordance with ITB Clause 15.1 and 15.4
o Schedule of Prices

CHECKLIST FOR THE BIDDER WITH LOWEST CALCULATED BID (LCB)

Required within non-extendible period of three (3) calendar days from receipt of notice:

o Tax Clearance per Executive Order 398, Series of 2005;
o Latest income and business tax returns in the form specified in the BDS;
o Certificate of PhilGEPS Registration; and
o Other appropriate licenses and permits required by law and stated in the BDS.

Source: https://www.plm.edu.ph/downloads/Bids/2010/3rd%20and%204th%20Quarter%20Medical%20Supplies%202010%20Biddoc.pdf

Microsoft word - neuersprg.doc

WALTER HALLSTEIN-INSTITUT FÜR EUROPÄISCHES VERFASSUNGSRECHT HUMBOLDT-UNIVERSITÄT ZU BERLIN WHI – Materials 2/03 RALF KANITZ/PHILIPP STEINBERG (HRSG.) NEUE RECHTSPRECHUNG DER EUROPÄISCHEN GERICHTE (EUGH, EUG) EXAMENSRELEVANTE ENTSCHEIDUNGEN KOMPAKT DARGESTELLT, KOMMENTIERT UND RECHTLICH EINGEORDNET Ralf Kanitz/Philipp Steinberg (Hrsg.), Neue Rechtsprechung der Europäischen Gerichte (EuGH, EuG). Examensrelevante Entscheidungen kompakt, Berlin, April 2003 Kontakt: Walter Hallstein-Institut für europäisches Verfassungsrecht Juristische Fakultät Humboldt-Universität zu Berlin Unter den Linden 6 D 10099 Berlin Tel.: ++49 (0) 30 2093 3440 Fax: ++49 (0) 30 2093 3449 www.whi-berlin.de Email: ralf.kanitz@web.de und psteinberg@rz.hu-berlin.de

Microsoft word - kokkalou-2.doc

Transworld Research Network 37/661 (2), Fort P.O. Plants in Traditional and Modern Medicine: Chemistry and Activity, 2010: 69-175 ISBN: 978-81-7895-432-5 Editor: Eugene Kokkalou 2. Medicinal plants used for the treatment of diabetes and its long-term complications Polyxeni Alexiou and Vassilis J. Demopoulos Department of Pharmaceutical Chemistry, School of Pharmacy