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Information Technology Parts, Accessories & Peripherals

Deadline of Submission: 
Monday, November 5, 2012

                      

                   National Commission for Culture and the Arts

  NATIONAL LIBRARY OF THE  PHILIPPINES

 

P.O. Box 2926                                                                           Phone:   (632) 524-1011

T. M. Kalaw Street, Ermita 1000                                                Website: web.nlp.gov.ph

Manila, Philippines

 

BID DOCUMENTS FOR

PUBLIC BIDDING NO. 12-10

 

COMPUTER HARDWARE AND PERIPHERALS

 

TABLE OF CONTENTS

 

SECTION I. INVITATION TO BID ...............................................    3

 

SECTION II. INSTRUCTION TO BIDDERS …...........................    5

 

SECTION III. BID DATA SHEET....................................................32

 

SECTION IV. GENERAL CONDITIONS OF CONTRACT …....35

 

SECTION V. SPECIAL CONDITIONS OF CONTRACT ............51

 

SECTION VI. SCHEDULE OF REQUIREMENTS ......................      53

 

SECTION VII. TECHNICAL SPECIFICATIONS ........................     54

 

SECTION VIII. BIDDING FORMS ................................................     57

 

SECTION I. INVITATION TO BID

                           

       National Commission for Culture and the Arts

  NATIONAL LIBRARY OF THE  PHILIPPINES

 

P.O. Box 2926                                                                           Phone:   (632) 524-1011

T. M. Kalaw Street, Ermita 1000                                                Website: web.nlp.gov.ph

Manila, Philippines

INVITATION TO BID FOR

           Supply & Delivery Computer Equipment and Peripherals

The National Library of the Philippines (NLP) through the Government of the Philippines intends to apply the sum of One Million Twenty Two Thousand Pesos only (PhP1,022,000.00) being the Approved Budget Contract (ABC) to payments under the contract for the Supply & Delivery Computer Equipment and Peripherals under Public Bidding No. 12-10. Bids received in excess of the ABC shall be automatically rejected at bid opening.

 

The NLP now invites bids for the SUPPLY & DELIVERY OF COMPUTER EQUIPMENT AND PERIPHERALS under PB 12-10. Delivery of the goods is required within 45 calendar days upon receipt of Purchase Order. Bidders should have completed, within two (2) years from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible to bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders (ITB).

                                                                                                             

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.

 

            Interested Bidders may obtain further information from NLP Bids and Awards Committee (BAC) Secretariat and inspect the Bidding Documents at the address given below from 8:00 AM to 5:00 PM, Monday to Friday.

A complete set of Bidding Documents may be purchased by interested Bidders beginning on October 11, 2012 from the address given below and upon payment of a nonrefundable fee in the amount of One Thousand Pesos and 00/100 only (PhP1,000.00). It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the NLP, provided that Bidders shall pay the non-refundable fee for the Bidding Documents not later than the submission of bids.

 

The NLP will hold a Pre-Bid Conference on October 23, 2012 at 3:00 PM at the Conference Rome, 3rd Floor, Mezzanine, NLP Building at T.M. Kalaw St., Ermita, Manila, which shall be open to all interested parties.

 

Bids must be delivered to the address below on or before November 5, 2012, 8:30 AM. All Bids must be accompanied by a Bid security in any of the acceptable forms and in the amount stated in ITB Clause 18.

 

Bid opening shall be on November 5, 2012 at 9:00 AM at the Conference Room, 3rd Floor, Mezzanine, NLP Building at T.M. Kalaw St., Ermita, Manila. Bids will be opened in the presence of the bidders or authorized representatives who choose to attend at the address below. Late Bids shall not be accepted.

 

The NLP reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to contract award, without thereby incurring any liability to the affected Bidder or Bidders.

For further information, please refer to:

 

DOLORES D. CARUNGUI

National Library of the Philippines

BAC Secretariat

Tel. No.: 524-0498

Email: dollydc5501@yahoo.com

 

or                            

 

MARICEL M. DIAZ

National Library of the Philippines

BAC Secretariat

Tel. No.: 310-5029

Email: mlmanalo@nlp.gov.ph

                                                           

                        PAULINA R. MORENO

                                                                                    Chairperson

                                                                                    Bids and Awards Committee

                                National Library of the Philippines

 

SECTION II. INSTRUCTION TO BIDDERS

 

TABLE OF CONTENTS

A. GENERAL............................................................................................................           7

     1.    Scope of Bids ................................................................................................            7

     2.    Source of funds .............................................................................................            7

     3.    Corrupt, Fraudulent, Collusive, and Coercive Practices ............................... 7

     4.    Conflict of Interest .........................................................................................           8

     5.    Eligible Bidders .............................................................................................            10

     6.    Bidder's Responsibilities ................................................................................            11

     7.    Origin of Goods .............................................................................................            13

     8.    Subcontracts ...................................................................................................           13

B. CONTENTS OF BIDDING DOCUMENTS ........................................................       13

     9.    Pre-Bid Conference ........................................................................................           13

     10.  Clarification and Amendment of Bidding Documents ..................................           14

C. PREPARATION OF BIDS ...................................................................................         14

     11.  Language of Bids ............................................................................................          14

     12.  Documents Comprising the Bid: Eligibility and Technical Components .......           14

     13.  Documents Comprising the Bid: Financial Components ...............................            16

     14.  Alternative Bids ...............................................................................................          16

     15.  Bid Prices .........................................................................................................          16

     16.  Bid Currencies ..................................................................................................         18

     17.  Bid Validity .......................................................................................................        18

     18.  Bid Security .......................................................................................................        19

     19.  Format and Signing of Bids ..............................................................................        21

     20.  Sealing and Marking of Bids .............................................................................        21

D. SUBMISSION AND OPENING OF BIDS ..............................................................    22

     21.  Deadline for Submission of Bids .......................................................................        22

     22.  Late Bids ............................................................................................................       22

     23.  Modification and Withdrawal of Bids ................................................................      22

     24.  Opening and Preliminary Examination of Bids .................................................        23

E. EVALUATION AND COMPARISON OF BIDS ....................................................    24       

     25.  Process to be Confidential ..................................................................................       24

     26.  Clarification of Bids ............................................................................................      24

     27.  Domestic Preference ..............................................................................................    25

     28.  Detailed Evaluation and Comparison of Bids .......................................................    26

     29.  Post-Qualification ..................................................................................................    27

     30.  Reservation Clause  ................................................................................................   28

F. AWARD OF CONTRACT ............................................................................................ 29

     31.  Contract Award ......................................................................................................   29

     32.  Signing of the Contract ........................................................................................    29

     33.  Performance Security ..........................................................................................      30

     34.  Notice to Proceed ................................................................................................     31

 

A. General

 

1. Scope of Bid

 

            1.1.      The procuring entity named in the BDS  (hereinafter referred to as the                                “Procuring Entity”) wishes to receive bids for supply and delivery of the goods                        as described in Section VII. Technical Specifications (hereinafter referred to as                “Goods”).

 

            1.2.      The name, identification, and number of lots specific to this bidding are                             provided in the BDS. The contracting strategy and basis of evaluation of lots is                         described in ITB Clause 28.

 

 

2. Source of Funds

 

The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the contract.

 

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

 

3.1.      Unless otherwise specified in the BDS, 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:

 

(a)        defines, for purposes of this provision, the terms set forth below as             follows:

 

            (i)         "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                                Procuring Entity, 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;

 

            (ii)        "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;

            (iii)       “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;

 

            (iv)       “coercive practices” means harming or threatening to harm,              directly or indirectly, persons, or their property to influence                   their participation in a procurement process, or affect the                           execution of a contract;

 

            (v)        “obstructive practice” is

 

                        (aa)      deliberately destroying, falsifying, altering or concealing                              of evidence material to an administrative proceedings or                                   investigation or making false statements to investigators                                 in order to materially impede an administrative                                                 proceedings or investigation of the Procuring Entity or                                 any foreign government/foreign or international                                            financing institution into allegations of a corrupt,                                              fraudulent, coercive or collusive practice; and/or                                               threatening, harassing or intimidating any party to                                        prevent it from disclosing its knowledge of matters                                      relevant to the administrative proceedings or                                                 investigation or from pursuing such proceedings or                             investigation; or

 

                        (bb)      acts intended to materially impede the exercise of the                                   inspection and audit rights of the Procuring Entity or                                   any foreign government/foreign or international                                       financing institution herein.

 

(b)        will reject a proposal for award if it determines that the bidder        recommended for award has engaged in corrupt or fraudulent practices           in competing for the Contract.

 

3.2.      Further, the Procuring Entity will seek to impose the maximum civil,           administrative, and/or criminal penalties available under the applicable laws            on individuals and organizations deemed to be involved in any of the practices          mentioned in ITB Clause 3.1(a).

 

3.3.      Furthermore, the Funding Source and the Procuring Entity reserve the right to       inspect and audit records and accounts of a contractor in the bidding for and performance of a contract themselves or through independent auditors as          reflected in the GCC Clause 3.

 

4. Conflict of Interest

 

  1. All bidders found to have conflicting interests shall be disqualified to                           participate in the procurement at hand, without prejudice to the imposition of                        appropriate administrative, civil, and criminal sanctions. A Bidder may be                   considered to have conflicting interests with another Bidder in any of the                            events described in paragraphs(a) through (c) and a general conflict of interest                        in any of the circumstances set out in paragraphs (d) through (g) below:

 

(a)        A Bidder has controlling shareholders in common with another Bidder;

 

(b)        A Bidder receives or has received any direct or indirect subsidy from          any other Bidder;

 

(c)        A Bidder has the same legal representative as that of another Bidder for

purposes of this Bid;

 

(d)       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;

 

(e)        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

 

(f)        A Bidder who participated as a consultant in the preparation of the             design or technical specifications of the goods and related services that             are the subject of the bid.

 

4.2.      In accordance with Section 47 of the IRR of RA 9184, 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:

 

(a)        If the Bidder is an individual or a sole proprietorship, to the Bidder                        himself;

 

(b)        If the Bidder is a partnership, to all its officers and members;

 

(c)        If the Bidder is a corporation, to all its officers, directors, and         controlling stockholders; and

 

  1. 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.

 

5. Eligible Bidders

 

5.1.      Unless otherwise indicated in the BDS, the following persons shall be eligible                    to participate in this Bidding:

 

            (a)        Duly licensed Filipino citizens/sole proprietorships;

 

            (b)        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;

 

                        (c)        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;

 

(d)       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

 

(e)        Unless otherwise provided in the BDS, 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%).

 

5.2.      Foreign bidders may be eligible to participate when any of the following    circumstances exist, as specified in the BDS.

 

            (a)        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;

         

          (b)      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;

 

                   (c)      When the Goods sought to be procured are not available from                       local suppliers; or

                   (d)      When there is a need to prevent situations that defeat competition or                                  restrain trade.

 

 

 

5.3.      Government Corporate Entities may be eligible to participate only if they can

establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity.

 

5.4.      Unless otherwise provided in the BDS, 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 BDS.

 

For this purpose, contracts similar to the Project shall be those described in the BDS, and completed within the period stated in the Invitation to Bid and ITB Clause 12.1(a)(iii).

 

  1. 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.

 

6. Bidder’s Responsibilities

 

6.1.      The Bidder or its duly authorized representative shall submit a sworn                                  statement in the form prescribed in Section VIII. Bidding Form as required in                        ITB Clause 12.1(b)(iii).

 

6.2.      The Bidder is responsible for the following:

 

(a)        Having taken steps to carefully examine all of the Bidding Documents;

 

(b)        Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract;

 

(c)        Having made an estimate of the facilities available and needed for the        contract to be bid, if any;

 

(d)       Having complied with its responsibility to inquire or secure                          Supplemental/Bid Bulletin/s as provided under ITB Clause 10.3;

 

(e)        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;

 

(f)        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;

 

(g)        Authorizing the Head of the Procuring Entity or its duly authorized

representative/s to verify all the documents submitted;

 

(h)        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;

 

(i)         Complying with the disclosure provision under Section 47 of the Act in

relation to other provisions of Republic Act 3019; and

 

(j)         Complying with existing labor laws and standards, if applicable.                            

Failure to observe any of the above responsibilities shall be at the risk                      of the Bidder concerned.

 

6.3.      The Bidder is expected to examine all instructions, forms, term, and                                    specifications in the Bidding Documents.

 

6.4.      It shall be the sole responsibility of the Bidder to determine and to satisfy itself                 by such means as it considers necessary or desirable as to 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.

 

6.5.      The Procuring Entity shall not assume any responsibility regarding erroneous

interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity.

 

            6.6.      The Bidder shall bear all costs associated with the preparation and submission                    of his bid, and the  Procuring Entity will in no case be responsible or liable for                         those costs,  regardless of the conduct or outcome of the bidding process.

 

6.7.      Before submitting their bids, the Bidders are deemed to have become familiar                    with all existing laws, decrees, ordinances, acts and regulations of the                                  Philippines which may affect the contract in any way.

 

6.8.      Bidders should note that the Procuring Entity will only accept bids only from                    those that have paid the nonrefundable fee for the Bidding Documents at the                         office indicated in the Invitation to Bid.

 

7. Origin of GOODS and Services

 

            Unless otherwise indicated in the BDS, there is no restriction on the origin of Goods,        or Contracting of Works or Services other than those prohibited by a decision of         the       United Nations Security Council taken under Chapter VII of the Charter of the United        Nations.

 

8. Subcontracts

 

8.1.      Unless otherwise specified in the BDS, the Bidder may subcontract portions of                 the Works to an extent as may be approved by the Procuring Entity and stated                        in the BDS. However, subcontracting of any portion shall not relieve the                             Bidder from any liability or obligation that may arise from the contract for this                        Project.

 

8.2.      Subcontractors must submit the documentary requirements under ITB Clause                    12 and comply with the eligibility criteria specified in the BDS. In the event                      that any subcontractor is found by the Procuring Entity to be ineligible, the                    subcontracting of such portion of the Works shall be disallowed.

 

8.3.      The Bidder may identify the subcontractor to whom a portion of the Works                       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

 

9. Pre-Bid Conference

 

9.1.      If so specified in the BDS, 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.

 

9.2.      Bidders are encouraged to attend the pre-bid conference to ensure that they                       fully understand the Procuring Entity’s requirements. Non-attendance of the                  Bidder will in no way prejudice its bid; however, the Bidder is expected to                know the changes and/or amendments to the Bidding Documents discussed                         during the pre-bid conference.

 

9.3.      Any statement made at the pre-bid conference 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

 

10.1.    Bidders who have purchased the Bidding Documents may request for

clarification(s) on any part of the Bidding Documents or for an interpretation. Such a request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of Bids.

 

10.2.    Supplemental/Bid Bulletins may be issued upon the Procuring Entity’s                                initiative for purposes of clarifying or modifying any provision of the Bidding                      Documents not later than seven (7) calendar days before the deadline for the                         submission and receipt of Bids. Any modification to the Bidding Documents                shall be identified as an amendment.

 

10.3.    Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the

Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids

in accordance with ITB Clause 23.

 

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 BDS, the first envelope shall contain the

following eligibility and technical documents:

 

  1. Eligibility Documents –

 

Class "A" Documents:

 

(i) 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                                   BDS;

 

      (ii)  Mayor’s permit issued by the city or municipality where the                          principal place of business of the prospective bidder is located;

 

(iii)  Statement 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:

 

     (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.

 

(iv)       Audited financial statements, stamped “received” by the Bureau of            Internal Revenue (BIR) or its duly accredited and authorized   institutions, for the preceding calendar year, which should not be earlier than two (2) years from bid submission;

 

  1. NFCC computation or CLC in accordance with ITB Clause 5.5; and

 

           

Class "B" Document:

 

(vii)      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.

 

(b) Technical Documents –

 

(i)         Bid security as prescribed in ITB Clause 18. If the Bidder opts to submit the bid security in the form of:

 

 (i.1)     a bank draft/guarantee or an irrevocable letter of credit issued                      by a foreign bank, it shall be accompanied by a confirmation                   from a Universal or Commercial Bank; or

 

(i.2)      a surety bond accompanied by a certification coming from an

authorized Insurance Commission that a surety or insurance company is authorized to issue such instruments;

 

  1. Conformity with technical specifications, as enumerated and specified             in Sections VI and VII of the Bidding Documents; and

 

(iii)       Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of        RA 9184 and using the form prescribed in Section VIII. Bidding            Forms.

 

13. Documents Comprising the Bid: Financial Component

 

13.1.    Unless otherwise stated in the BDS, the financial component of the bid shall                      contain the following:

 

(a)        Financial Bid Form, which includes bid prices and the bill of quantities                   and the applicable Price Schedules, in accordance with ITB Clauses                        15.1 and 15.4;

 

(b)        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 27, unless otherwise provided in the BDS; and

 

(c)        Any other document related to the financial component of the bid as                      stated in the BDS.

 

  1. Unless indicated in the BDS, all Bids that exceed the ABC shall not be                              accepted.

 

14. Alternative Bids

 

Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by      a Bidder in addition or as a substitute to its original bid which may be included as part             of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is   contained in a single envelope or submitted in two (2) or more separate bid envelopes.

 

15. Bid Prices

 

15.1.    The Bidder 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.

 

15.2.    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.

 

15.3.    The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and              Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms                used to describe the obligations of the parties, 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.

 

  1. Prices indicated on the Price Schedule shall be entered separately in the                              following manner:

 

            (a)        For Goods offered from within the Procuring Entity’s country:

 

                        (i)         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.

 

                        (ii)        The price for inland transportation, insurance, and other local                                               costs incidental to delivery of the Goods to their final                                                          destination.

 

                        (iii)       The price of other (incidental) services, if any, listed in the                                       BDS.

 

(b)        For Goods offered from abroad:

 

            (i)         Unless otherwise stated in the BDS, the price of the Goods shall                              be quoted DDP with the place of destination in the Philippines                                     as specified in the BDS.  In quoting the price, the Bidder shall                                     be free to use transportation through carriers registered in any                                  eligible country.  Similarly, the Bidder may obtain insurance                                     services from any eligible source country.

 

            (ii)        The price of other (incidental) services, if any, listed in the                           BDS.

 

15.5.    Prices quoted by the Bidder shall be fixed during the Bidder’s performance of       the contract and not subject to variation or price escalation on any account. A            bid submitted with an adjustable price quotation shall be treated as non-       responsive and shall be rejected, pursuant to ITB Clause 24.

 

            All bid prices shall be considered as fixed prices, and therefore not subject to         price escalation during contract implementation, except under extraordinary             circumstances. Extraordinary circumstances refer to events that may be      determined by the National Economic and Development Authority in    accordance with the Civil Code of the Philippines, and upon the     recommendation of the Procuring Entity. Nevertheless, in cases where the cost         of the awarded contract is affected by any applicable new laws, ordinances,        regulations, or other acts of the GOP, promulgated after the date of bid             opening, a contract price adjustment shall be made or appropriate relief shall           be applied on a no loss-no gain basis.

 

16. Bid Currencies

 

16.1.    All bid prices shall be quoted in Philippine Pesos unless otherwise provided in        the BDS. However, for purposes of bid evaluation, bids denominated in         foreign currencies shall be converted to Philippine currency based on the        exchange rate prevailing on the day of the Bid opening.

 

16.2.    If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for

purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening.

 

16.3.    Unless otherwise specified in the BDS, payment of the contract price shall be                    made in Philippine Pesos.

 

17. Bid Validity

 

17.1.    Bids shall remain valid for the period specified in the BDS which shall not                         exceed one hundred twenty (120) calendar days from the date of the opening               of bids.

 

17.2.    In exceptional circumstances, prior to the expiration of the bid validity period,                   the Procuring Entity may request Bidders to extend the period of validity of                their bids. The request and the responses shall be made in writing. The bid               security described in ITB Clause 18 should also be extended corresponding to                     the extension of the bid validity period at the least. A Bidder may refuse the                      request without forfeiting its bid security, but his bid shall no longer be                               considered for further evaluation and award. A Bidder granting the request                        shall not be required or permitted to modify its bid.

 

18.       Bid Security

 

18.1.    The bid security, issued in favor of the Procuring Entity, in the amount stated                     in the BDS shall be equal to the percentage of the ABC in accordance with the                         following schedule:

 

 

Form of Bid Security

 

Amount of Bid Security

(Equal to Percentage of the ABC)

 

(a) Cash or cashier’s/manager’s check issued by a Universal or Commercial

Bank.

Two percent (2%)

 

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a

foreign bank.

 

(c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; and/or

Five percent (5%)

 

(d) Any combination of the foregoing

 Proportionate to share of form with respect to total amount of security.

 

 

For biddings conducted by local government units, the Bidder may also submit bid securities in the form of cashier’s/manager’s check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement.

 

18.2.    The bid security should be valid for the period specified in the BDS. Any bid                    not accompanied by an acceptable bid security shall be rejected by the                          Procuring Entity as non-responsive.

 

18.3.    No bid securities shall be returned to bidders after the opening of bids and                         before contract signing, except to those that failed or declared as post-                               disqualified, upon submission of a written waiver of their right to file a motion              for reconsideration and/or protest. Without prejudice on its forfeiture, Bid                         Securities shall be returned only after the bidder with the Lowest    Calculated                   Responsive Bid has signed the contract and furnished the Performance                               Security, but in no case later than the expiration of the Bid Security validity                 period indicated in ITB Clause 18.2.

 

18.4.    Upon signing and execution of the contract, pursuant to ITB Clause 31, and                      the posting of the performance security, pursuant to ITB Clause 32, the                                     successful Bidder’s Bid security will be discharged, but in no case later than               the Bid security validity period as indicated in ITB Clause 18.2.

 

18.5.    The bid security may be forfeited:

           

 (a)       if a Bidder:

 

(i)         withdraws its bid during the period of bid validity specified in                    ITB Clause 17;

 

(ii)        does not accept the correction of errors pursuant to ITB Clause

28.3(b);

 

  1. fails to submit the requirements within the prescribed period, or                   a finding against their veracity, as stated in ITB Clause 29.2;

 

                                    (iv)       submission of eligibility requirements containing false                                                          information or falsified documents;

                                    (v)        submission of bids that contain false information or

                                                falsified documents, or the concealment of such information in                                            the bids in order to influence the outcome of eligibility                                                         screening or any other stage of the public bidding;

 

                                    (vi)       allowing the use of one’s name, or using the name of another                                               for purposes of public bidding;

                                    (vii)      withdrawal of a bid, or refusal to accept an award, or enter into                                           contract with the Government without justifiable cause, after                                              the Bidder had been adjudged as having submitted the Lowest                                            Calculated and Responsive Bid;

                                    (viii)     refusal or failure to post the required performance security                                                   within the prescribed time;

                                    (ix)       refusal to clarify or validate in writing its bid during post-                                                    qualification within a period of seven (7) calendar days from                                               receipt of the request for clarification;

                                    (x)        any documented attempt by a bidder to unduly influence the                                               outcome of the bidding in his favor;

                                    (xi)       failure of the potential joint venture partners to enter into the                                               joint venture after the bid is declared successful; or

                                    (xii)      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.

                        (b)        if the successful Bidder:

 

  1. fails to sign the contract in accordance with ITB Clause 31;

 

  1. fails to furnish performance security in accordance with ITB                       Clause 32; or

 

 

19.       Format and Signing of Bids

 

19.1.    Bidders shall submit their bids through their duly authorized representative                        using the appropriate forms provided in Section IX. Bidding Forms on or                              before the deadline specified in the ITB Clause 21 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 12.1, and the second shall contain the financial                  component of the bid.

 

19.2.    Forms as mentioned in ITB Clause 19.1 must 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.

 

19.3.    The Bidder shall prepare an original of the first and second envelopes as     described in ITB Clauses 12 and 13. In addition, the Bidder shall submit         copies of the first and second envelopes. In the event of any discrepancy          between the original and the copies, the original shall prevail.

 

19.4.    The bid, except for unamended printed literature, shall be signed, and each and

every page thereof shall be initialed, by the duly authorized representative/s of the Bidder.

 

19.5.    Any interlineations, erasures, or overwriting shall be valid only if they are               signed or initialed by the duly authorized representative/s of the Bidder.

 

20.       Sealing and Marking of Bids

 

20.1.    Unless otherwise indicated in the BDS, Bidders shall enclose their original

eligibility and technical documents described in ITB Clause 12, in 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”.

 

20.2.    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.

 

20.3.    The original and the number of copies of the Bid as indicated in the BDS shall                   be typed or written in indelible ink and shall be signed by the bidder or its duly                         authorized representative/s.

 

20.4.    All envelopes shall:

 

(a)        contain the name of the contract to be bid in capital letters;

 

(b)        bear the name and address of the Bidder in capital letters;

 

(c)        be addressed to the Procuring Entity’s BAC in accordance wit ITB                        Clause 1.1;

 

(d)       bear the specific identification of this bidding process indicated in the

            ITB Clause 1.2; and

 

(e)        bear a warning “DO NOT OPEN BEFORE…” the date and time for                      the opening of bids, in accordance with ITB Clause 21.

 

20.5.    If bids are not sealed and marked as required, the Procuring Entity will assume                  no responsibility for the misplacement or premature opening of the bid.

 

 

D. Submission and Opening of Bids

 

21.       Deadline for Submission of Bids

 

Bids must be received by the Procuring Entity’s BAC at the address and on or before       the date and time indicated in the BDS.

 

22.       Late Bids

 

Any bid submitted after the deadline for submission and receipt of bids prescribed by       the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall          not be accepted by the Procuring Entity.

 

23.       Modification and Withdrawal of Bids

 

23.1.    The Bidder may modify its bid after it has been submitted; provided that the

modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be 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.

 

23.2.    A Bidder may, through a letter of withdrawal, withdraw its bid after it has been

submitted, for valid and justifiable reason; provided that the letter of withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids.

 

23.3.    Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be

returned unopened to the Bidders. A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract.

 

23.4.    No bid may be modified after the deadline for submission of bids. No bid may                  be withdrawn in the interval between the deadline for submission of bids and                         the expiration of the period of bid validity specified by the Bidder on the                                    Financial Bid Form. Withdrawal of a bid during this interval shall result in the              forfeiture of the Bidder’s bid security, pursuant to ITB Clause 18.5, and the                        imposition of administrative, civil, and criminal sanctions as prescribed by RA                    9184 and its IRR.

 

24.       Opening and Preliminary Examination of Bids

 

24.1.    The BAC shall open the first bid envelopes of Bidders in public as specified in                  the BDS to determine each Bidder’s compliance with the documents                             prescribed in ITB Clause 12. 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”.

 

24.2.    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 those first bid envelope was rated “passed”. The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clause 13.2, the 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.

 

24.3.    Letters of withdrawal shall be read out and recorded during bid opening, and                    the envelope containing the corresponding withdrawn bid shall be returned to              the Bidder unopened. If the withdrawing Bidder’s representative is in                              attendance, the original bid and all copies thereof shall be returned to the                                representative during the bid opening. If the representative is not in attendance,                  the Bid shall be returned unopened by registered mail. The Bidder may                              withdraw its bid prior to the deadline for the submission and receipt of bids,                      provided that the corresponding letter of withdrawal contains a valid                          authorization requesting for such withdrawal, subject to appropriate                          administrative sanctions.

 

24.4.    If a Bidder has previously secured a certification from the Procuring Entity to                    the effect that it has previously submitted the above-enumerated Class “A                  Documents, the said certification may be submitted in lieu of the requirements                         enumerated in ITB Clause 12.1(a), items (i) to (v).

 

24.5.    In the case of an eligible foreign Bidder as described in ITB Clause 5, the              Class “A” Documents enumerated in ITB Clause 12.1(a) may be substituted               with the appropriate equivalent documents, if any, issued by the country of the                     foreign Bidder concerned.

 

24.6.    Each partner of a joint venture agreement shall likewise submit the documents

required in ITB Clauses 12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB Clauses 12.1(a)(iii) to 12.1(a)(vi) by any of the joint venture partners constitutes compliance.

 

  1. 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 for reconsideration with the BAC: Provided, however,                that the request 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 request for reconsideration, the BAC shall keep the bid                                   envelopes of the said failed Bidder unopened and/or duly sealed until such                 time that the request for reconsideration or protest has been resolved.

 

  1. 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 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

 

25.1.    Members of the BAC, including its staff and personnel, as well as its                                  Secretariat and TWG, are prohibited from making or accepting any kind of                  communication with any bidder regarding the evaluation of their bids until the                       issuance of the Notice of Award, unless otherwise allowed in the case of ITB                 Clause 26.

 

25.2.    Any effort by a bidder to influence the Procuring Entity in the Procuring                            Entity’s decision in respect of Bid evaluation, Bid comparison or contract                award 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

 

            27.1     Unless otherwise stated in the BDS, the Procuring Entity will grant a margin                     of preference for the purpose of comparison of bids in accordance with the                 following:

                        (a)        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.

                        (b)        For evaluation purposes, the lowest Foreign Bid or the bid offered by a                              non-Philippine national shall be increased by fifteen percent (15%).

                        (c)        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.

                        (d)       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.

  1. A Bidder may be granted preference as a Domestic Entity subject to the                                   certification from the DTI (in case of sole proprietorships), SEC (in case of                   partnerships and corporations), or CDA (in case of cooperatives) that the  (a)                         sole proprietor is a citizen of the Philippines or the partnership, corporation,                cooperative, or association is duly organized under the laws of the Philippines                         with at least seventy five percent (75%) of its interest or outstanding capital                             stock belonging to citizens of the Philippines, (b) habitually established in                     business and habitually engaged in the manufacture or sale of the merchandise                covered by his bid, and (c) the business has been in existence for at least five                         (5) consecutive years prior to the advertisement and/or posting of the                           Invitation to Bid for this Project.

 

            27.3     A Bidder may be granted preference as a Domestic Bidder subject to the                            certification from the DTI that the Bidder is offering unmanufactured articles,                   materials or supplies of the growth or production of the Philippines, or                           manufactured articles, materials, or supplies manufactured or to be                                   manufactured in the Philippines substantially from articles, materials, or                             supplies of the growth, production, or manufacture, as the case may be, of the                    Philippines.

 

 

 

28.       Detailed Evaluation and Comparison of Bids

 

          28.1.   The Procuring Entity will undertake the detailed evaluation and comparison of                    bids which have passed the opening and preliminary examination of bids,               pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.

 

  1. The Lowest Calculated Bid shall be determined in two steps:

 

                        (a)        The detailed evaluation of the financial component of the bids, to                                       establish the correct calculated prices of the bids; and

                       

                        (b)        The ranking of the total bid prices as so calculated from the lowest to                                 the highest. The bid with the lowest price shall be identified as the                                Lowest Calculated Bid.

 

            28.3.    The Procuring Entity's BAC shall immediately conduct a detailed evaluation                      of all bids rated “passed,” using non-discretionary pass/fail criteria. Unless                  otherwise specified in the BDS, the BAC shall consider the following in the                  evaluation of bids:

 

                        (a)        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

 

                        (b)        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 BDS. Any adjustment shall be                              calculated in monetary terms to determine the calculated prices.

 

            28.4.    Based on the detailed evaluation of bids, those that comply with the above-                       mentioned requirements 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 BDS.

 

  1. The Procuring Entity’s evaluation of bids shall only be based on the bid price         quoted in the Financial Bid Form.

 

 

            28.6.    Bids shall be evaluated on an equal footing to ensure fair competition.  For this                  purpose, 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

 

          29.1     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                       Clauses 5, 12, and 13.

 

            29.2     Within a non-extendible period of three (3) calendar days from receipt by the                     bidder of the notice from the BAC that it submitted the LCB, the Bidder shall                      submit the following documentary requirements:

 

                        (a)        Tax clearance per Executive Order 398, Series of 2005;

 

                        (b)        Latest income and business tax returns in the form specified in BDS;

 

                        (c)        Certificate of PhilGEPS Registration; and

 

                        (d)       Other appropriate licences and permits required by law and stated in                                   the BDS.

 

                        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.

 

          29.3.    The determination shall be based upon an examination of the documentary                         evidence of the Bidder’s qualifications submitted pursuant to ITB Clauses 12               and 13, as well as other information as the Procuring Entity deems necessary                        and appropriate, using a non-discretionary “pass/fail” criterion.

 

            29.4.    If the BAC determines that the Bidder with the Lowest Calculated Bid passes                  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.

 

          29.5     A negative determination shall result in rejection of the Bidder’s Bid, in which                   event the Procuring Entity shall proceed to the next Lowest Calculated Bid to                       make a similar determination of that Bidder’s capabilities to perform                          satisfactorily. If the second Bidder, however, fails the post qualification, the                     procedure for post qualification shall be repeated for the Bidder with the next                    Lowest Calculated Bid, and so on until the Lowest Calculated Responsive Bid                  is determined for contract award.

            29.6.    Within a period not exceeding seven (7) calendar days from the date of receipt                  of the recommendation of the BAC, the Head of the Procuring Entity shall                      approve or disapprove the said recommendation. In the case of GOCCs and                         GFIs, the period provided herein shall be fifteen (15) calendar days.

30.       Reservation Clause

 

30.1.    Notwithstanding the eligibility or post-qualification of a bidder, the Procuring

Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such  review uncover any misrepresentation made in the eligibility and bidding requirements,

statements or documents, or any changes in the situation of the Bidder which        will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the         said Bidder as ineligible and shall disqualify it from submitting a bid or from             obtaining an award or contract.

 

30.2.    Based on the 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:

 

(a)        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;

 

(b)        If the Procuring Entity’s BAC is found to have failed in following the

prescribed bidding procedures; or

 

(c)        For any justifiable and reasonable ground where the award of the

                                    contract will not redound to the benefit of the GOP as follows:

 

(i)         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;

           

(ii)        If the project is no longer necessary as determined by the head

                                                of the procuring entity; and

 

(iii)       If the source of funds for the project has been withheld or

                                                reduced through no fault of the Procuring Entity.

 

30.3.    In addition, the Procuring Entity may likewise declare a failure of bidding                         when:

 

(a)        No bids are received;

 

(b)        All prospective bidders are declared ineligible;

 

(c)        All bids fail to comply with all the bid requirements or fail post-                              qualification;

 

(d)       The bidder with the Lowest Calculated Responsive Bid refuses,                              without justifiable cause to accept the award of contract, and no award                    is made.

 

F.  Award of Contract

 

31.       Contract Award

 

31.1.    Subject to ITB Clause 29, the Procuring Entity shall award the contract to the

Bidder whose bid has been determined to be the Lowest Calculated and Responsive Bid (LCRB).

 

31.2.    Prior to the expiration of the period of Bid validity, the Procuring Entity shall                    notify the successful Bidder in writing that its Bid has been accepted, through                        a Notice of Award received personally or sent by registered mail or                                  electronically, receipt of which must be confirmed in writing within two (2)                         days by the LCRB and submitted personally or sent by registered mail or                           electronically to the Procuring Entity.

 

31.3.    Notwithstanding the issuance of the Notice of Award, award of contract shall       be subject to the following conditions:

 

(a)        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;

 

(b)        Posting of the performance security in accordance with ITB Clause 33;

 

  1. Signing of the contract as provided in ITB Clause 32; and

 

(d)       Approval by higher authority, if required.

            31.4.    At the time of contract award, the Procuring Entity shall not increase or                             decrease the quantity of goods originally specified in Section VI. Schedule of                      Requirements.

 

 

32.       Signing of the Contract

 

32.1.    At the same time as the Procuring Entity notifies the successful Bidder that its                   Bid has been accepted, the Procuring Entity shall send the Contract Form to                       the Bidder, which Contract has been provided in the Bidding Documents,                 incorporating therein all agreements between the parties.

 

32.2.    Within Ten (10) calendar days from receipt of the Notice of Award, the                              successful Bidder shall post the required performance security, sign and date               the contract and return it to the Procuring Entity.

 

32.3.    The Procuring Entity shall enter into contract with the successful Bidder                            within the same ten (10) calendar days period provided that all the                               documentary   requirements are complied with.

 

32.4.    The following documents shall form part of the contract:

 

(a)        Contract Agreement;

 

(b)        Bidding Documents;

 

(c)        Winning bidder’s bid, including the Technical and Financial Proposals,                   and all other documents/statements submitted;

 

(d)       Performance Security;

 

(e)        Credit line in accordance with ITB Clause 5.5, if applicable;

 

(f)        Notice of Award of Contract; and

 

(g)        Other contract documents that may be required by existing laws and/or

specified in the BDS.

 

 

33.       Performance Security

 

33.1.    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.

 

33.2.    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:

 

Form of Performance Security

 

 

Amount of Performance Security

(Equal to Percentage of the Total Contract Price)

(a) Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank

 

 

 

Five percent (5%)

 

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or

Commercial Bank: Provided, however, that it shall be confirmed or authenticated

by a Universal or Commercial Bank, if issued by a foreign bank.

(c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; and/or

Thirty percent (30%)

 

(d) Any combination of the foregoing

Proportionate to share of form with respect to total amount of security

 

 

33.3.    Failure of the successful Bidder to comply with the above-mentioned                                 requirement 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 Lowest Calculated and                                 Responsive Bid 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

 

34.1.    Within three (3) calendar days from the date of approval of the Contract by the

appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder.

 

34.2.    The contract effectivity date shall be provided in the Notice to Proceed by the                   Procuring Entity, which date shall not be later than seven (7) calendar days                 from the issuance of the Notice to Proceed.

 

SECTION III. BID DATA SHEET

 

ITB Clause

 

1.1

The PROCURING ENTITY is National Library of the Philippines

 

1.2

This bidding shall have one (1) lot as follows:

 

“Supply and Delivery of Computer  Hardware and Peripherals”

 

2

The Funding Source is:

 

The Government of the Philippines (GOP) through FY 2011 Continuing Appropriations in the amount of PhP1,022,000.00.

 

The name of the Project is Supply and Delivery of Computer Hardware and Peripherals

 

5.1

No further instructions

 

5.2

Bidding is restricted to eligible bidders as defined in ITB Clause 5.1.

 

5.4

The Bidder must have completed, within Two (2) years from the submission of bids, a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the Approved Budget of the Contract to be bid. Such contract must be part of, or included in, the Statement under Item 12.1 (a)(iii) hereof.

 

Similar contract includes project for the Supply and Delivery of Computer Hardware and Peripherals

 

5.5

No further instructions

6.3

No further instructions

7

No further instructions

8.1

Subcontracting not allowed

 

8.2

Not applicable

 

9.1

The Procuring Entity will hold a pre-bid conference for this Project on October 23, 2012  at 10:00AM to be held at the Conference Room, 3rd Floor, NLP Building, T.M. Kalaw St., Ermita, Manila.

 

10.1

The Procuring Entity’s address is:

 

National Library of the Philippines

T.M. Kalaw St., Ermita, Manila

12.1

No further instructions

12.1(a)(i)

For corporations/partnerships: the following may also be submitted: latest articles of incorporation/partnership or by-laws, or amendments thereto, duly approved by the Securities and Exchange Commission.

 

12.1(a)(iii)

The statement of all ongoing and completed government and private contracts shall include all such contracts within two (2) years prior to the deadline for the submission and receipt of bids.

 

12.1(b)(iii)

Notarization of this document shall comply with the 2004 Rules on Notarial Practice which limits competent evidence of identity to the following: (I) identification documents issued by an official agency bearing the photograph and signature of the individual i.e. passport, SSS ID, GSIS e-card, etc.; and (ii) the oath of affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual and shows to the notary public documentary identification.

 

13.1

No additional requirements

13.1(b)

No further instructions

13.2

The ABC is One Million Twenty Two Thousand Pesos (PhP1,022,000.00). Any bid with a    financial component exceeding this amount shall not be accepted.

 

15.4(a(iii)

No further instructions

15.4(b)

No further instructions

16.1(b)

The bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos.

 

16.3

No further instructions

17.1

Bids will be valid within a period of  120 calendar days from the date of opening of bids.

 

18.1

The bid security issued in favor of the National Library of the Philippines shall be in the following forms and amount:

 

a. and b. 2% of the ABC or PhP20,440.00 if bid security is in cash, cashier’s/manager’s check, bank,bank draft/guarantee or irrevocable letter of credit;

 

c. 5% of the ABC or PhP51,100.00 if bid security is in Surety Bond accompanied with a certification from Insurance Commission that insurance company is authorized to insure such security; or

 

d. Any combination of the foregoing proportionate to the share of form with respect to total amount of security.

 

18.2

The bid security shall be valid within a period of 120 calendar days from the date of opening of bids.

 

20.3

Each Bidder shall submit one (1) original and two (2) duplicate copies of the first and     second components of its bid.

 

21

The address for submission of bids is at the Conference Room 3rd Floor, NLP Building, T.M. Kalaw St.,  Ermita, Manila.

 

The deadline for submission of bids is on November 5, 2012 at 98:30 a.m. Late bids shall not be accepted.

 

24.1

The place of bid opening is at the Conference Room 3rd Floor, NLP Building, T.M. Kalaw St., Ermita, Manila.

 

The date and time of bid opening is November 5,2012, 9:00 a.m.

 

24.2

No further instructions

27.1

No further instructions

28.3

The goods are grouped in a single lot and the lot shall not be divided into sub-lots for the purpose of bidding, evaluation, and contract award.

 

28.3(b)

Bid modification is allowed in case of arithmetical corrections only.

28.4

No further instructions

29.2(b)

 Latest Income and Business Tax Returns, whether manually filed or through the Electronic Filing and Payments System (EFPS), consisting of the following:

- 2011 Income Tax Return

- VAT Returns (Form 2550M and 2550Q) or Percentage Tax Returns (2551M) with proof of payment covering the months from April to September 2012.

 

29.2(d)

No further instructions

32.4(g)

No further instructions

 

SECTION IV. GENERAL CONDITIONS OF CONTRACT

 

TABLE OF CONTENTS

 

     1.    Definitions ................................................................................................     36

     2.    Corrupt, Fraudulent, Collusive, and Coercive Practices ..........................      37

     3.    Inspection and Audit by the funding source ............................................     38

     4.    Governing Law and Language ................................................................      39

     5.    Notices ....................................................................................................       39

     6.    Scope of Contract ....................................................................................      39

     7.    Subcontracting .........................................................................................      39

     8.    Procuring entity's responsibilities …........................................................       40

     9.    Prices .......................................................................................................       40

     10.  Payment ..................................................................................................       40

     11.  Advance Payment and Terms of Payment …...........................................      41

     12.  Taxes and Duties ….................................................................................       41

     13.  Performance Security ..............................................................................       41

     14.  Use of Contract Documents and Information ...........................................    42

     15.  Standards ..................................................................................................     42

     16.  Inspection and Tests .................................................................................     43

     17.  Warranty ..................................................................................................      43

     18.  Delays in the Supplier's Performance .......................................................     44

     19.  Liquidated Damages .................................................................................     45

     20.  Settlement of Disputes ..............................................................................    45

     21.  Liability of the Supplier  ...........................................................................     45

     22.  Force Majeure ...........................................................................................     46

     23.  Termination for Default ............................................................................     46

     24.  Termination for Insolvency .......................................................................     47

     25.  Termination for Convenience ....................................................................     47

     26.  Termination for Unlawful Acts ..................................................................    48

     27.  Procedures for Termination of Contracts ...................................................    49

     28.  Assignment of Rights .................................................................................   50

     29.  Contract Amendments .................................................................................  50

     30.  Application  .................................................................................................  50

1.      Definitions

          1.1     In this Contract, the following terms shall be interpreted as indicated:

                        (a)        “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.

                        (b)        “The Contract Price” means the price payable to the Supplier under the                               Contract for the full and proper performance of its contractual                                             obligations.

                        (c)        “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.

                        (d)       “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.

                        (e)        “GCC” means the General Conditions of Contract contained in this                                    Section.

                        (f)        “SCC” means the Special Conditions of Contract.

                        (g)        “The Procuring Entity” means the organization purchasing the Goods,                                as named in the SCC.

                        (h)        “The Procuring Entity’s country” is the Philippines.

                        (i)         “The Supplier” means the individual contractor, manufacturer                                              distributor, or firm supplying/manufacturing the Goods and Services                                   under this Contract and named in the SCC.

                        (j)         The “Funding Source” means the organization named in the SCC.

                        (k)        “The Project Site,” where applicable, means the place or places named                                in the SCC.

                        (l)         “Day” means calendar day.

                        (m)       The “Effective Date” of the contract will be the date of receipt by the                                Supplier of the Notice to Proceed or the date provided in the Notice to                               Proceed.  Performance of all obligations shall be reckoned from the                             Effective Date of the Contract.

                        (n)        “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.

2.    Corrupt, Fraudulent, Collusive, and Coercive Practices

          2.1     Unless otherwise provided in the SCC, 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:

                      (a)   defines, for the purposes of this provision, the terms set forth below as                             follows:

                             (i)       "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.

                             (ii)      "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.

                             (iii)     “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.

                             (iv)     “coercive practices” means harming or threatening to harm,                                   directly or indirectly, persons, or their property to influence                                  their participation in a procurement process, or affect the                                            execution of  a contract;

                             (v)      “obstructive practice” is

(aa)     deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or

 

(bb)    acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.

 

                   (b)      will reject a proposal for award if it determines that the Bidder                                recommended for award has engaged in any of the practices                                    mentioned in this Clause for purposes of competing for the                                contract.

          2.2.    Further the Funding Source, Borrower or Procuring Entity, as appropriate, will                   seek to impose the maximum civil, administrative and/or criminal penalties               available under the applicable law on individuals and organizations deemed to              be involved with any of the practices mentioned in GCC Clause 2.1(a).

3.    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.

4.    Governing Law and Language

          4.1     This Contract shall be interpreted in accordance with the laws of the Republic                    of the Philippines.

          4.2.    This Contract has been executed in the English language, which shall be the            binding and controlling language for 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.

5.    Notices

          5.1     Any notice, request, or consent required or permitted to be given or made              pursuant to this Contract shall be in writing.  Any such notice, request, or                           consent shall be deemed to have been given or made when received by the                   concerned party, either in person or through an authorized representative of the                    Party to whom the communication is addressed, or when sent by registered                    mail, telex, telegram, or facsimile to such Party at the address specified in the                    SCC, which shall be effective when delivered and duly received or on the                 notice’s effective date, whichever is later.

          5.2     A Party may change its address for notice hereunder by giving the other Party                   notice of such change pursuant to the provisions listed in the SCC for GCC             Clause 5.1

6.    Scope of Contract

          6.1     The GOODS and Related Services to be provided shall be as specified in                            SECTION VI. Schedule of requirements.

          6.2     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 SCC.

7.    Subcontracting

          7.1     Subcontracting of any portion of the Goods, if allowed in the BDS, does not             relieve the Supplier of any liability or obligation under this Contract.  The            Supplier will be responsible for the acts, defaults, and negligence of any                            subcontractor, its agents, servants or workmen as fully as if these were the               Supplier’s own acts, defaults, or negligence, or those of its agents, servants or              workmen.

          7.2     Subcontractors disclosed and identified during the bidding may be changed               during the implementation of this Contract, subject to compliance with the                    required qualifications and the approval of the Procuring Entity.

8.    Procuring Entity’s Responsibilities

          8.1     Whenever the performance of the obligations in this Contract requires that the                   Supplier obtain permits, approvals, import, and other licenses from local                            public authorities, the Procuring Entity 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.

          8.2     The Procuring Entity shall pay all costs involved in the performance of its                 responsibilities in accordance with GCC Clause 6.

9.    Prices

          9.1     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 or except as provided in this Clause. 

          9.2     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 Clause 29.

10.  Payment

          10.1    Payments shall be made only upon a certification by the Head of the Procuring                    Entity to the effect that the Goods have been rendered or delivered in                             accordance with the terms of this Contract and have been duly inspected and                  accepted.  Except with the prior approval of the President no payment shall be                made for services not yet rendered or for supplies and materials not yet                             delivered under this Contract.  Ten percent (10%) of the amount of each                       payment shall be retained by the Procuring Entity to cover the Supplier’s                          warranty obligations under this Contract as described in GCC Clause 17.

          10.2    The Supplier’s request(s) for payment shall be made to the Procuring Entity in                   writing, accompanied by an invoice describing, as appropriate, the Goods                 delivered and/or Services performed, and by documents submitted pursuant to              the SCC provision for GCC Clause 6.2, and upon fulfillment of other                       obligations stipulated in this Contract.

          10.3    Pursuant to GCC Clause 10.2, payments shall be made promptly by the                            Procuring Entity, but in no case later than sixty (60) days after submission of           an invoice or claim by the Supplier.

          10.4    Unless otherwise provided in the SCC, the currency in which payment is made                   to the Supplier under this Contract shall be in Philippine Pesos.

 

11.  Advance Payment and Terms of Payment

          11.1    Advance payment shall be made only after prior approval of the President, and                    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.

          11.2    For Goods supplied from abroad, the terms of payment shall be as follows:

                   (a)      On Contract Signature: Ten percent (10%) of the Contract Price shall                      be paid within sixty (60) days from signing of the Contract and upon                            submission of a claim and a bank guarantee for the equivalent amount                            valid until the Goods are delivered and in the form provided in Section                         VIII. Bidding Forms.

                   (b)      On Delivery: Seventy percent (70%) of the Contract Price shall be paid                              to the Supplier within sixty (60) days after the date of receipt of the                       Goods and upon submission of the documents (i) through (vi) specified                        in the SCC provision on Delivery and Documents.

                   (c)      On Acceptance: The remaining twenty percent (20%) of the Contract                       Price shall be paid to the Supplier within sixty (60) days after the date                     of submission of the acceptance and inspection certificate for the                               respective delivery issued by the Procuring Entity’s authorized                                    representative. In the event that no inspection or acceptance certificate                             is issued by the Procuring Entity’s authorized representative within                              forty five (45) days of the date shown on the delivery receipt the                                      Supplier shall have the right to claim payment of the remaining twenty                     percent (20%) subject to the Procuring Entity’s own verification of the                              reason(s) for the failure to issue documents (vii) and (viii) as described                          in the SCC provision on Delivery and Documents.

          11.3    All progress payments shall first be charged against the advance payment until                   the latter has been fully exhausted.

12.  Taxes and Duties

The Supplier, whether local or foreign, 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

          13.1.   Within ten (10) calendar days from receipt of the Notice of Award from the               Procuring Entity but in no case later than the signing of the contract by both                parties, the successful Bidder shall furnish the performance security in any the            forms prescribed in the ITB Clause 33.2

          13.2.   The performance security posted in favor of the Procuring Entity shall be                 forfeited in the event it is established that the winning bidder is in default in                  any of its obligations under the contract.

          13.3    The performance security shall remain valid until issuance by the Procuring              Entity of the Certificate of Final Acceptance.

          13.4.   The performance security may be released by the Procuring Entity and                              returned to the Supplier after the issuance of the Certificate of Final                       Acceptance subject to the following conditions:

a. There are no pending claims against the Supplier or the surety company      filed by the Procuring Entity;

                       b. The Supplier has no pending claims for labor and materials filed against it;                             and

                         c. Other terms specified in the SCC.

          13.5.   In case of a reduction of the contract value, the Procuring Entity shall allow a           proportional reduction in the original performance security, provided that any           such reduction is more than ten percent (10%) and that the aggregate of such                reductions is not more than fifty percent (50%) of the original performance            security.

14.  Use of Contract Documents and Information

          14.1.   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.

          14.2    Any document, other than this Contract itself, enumerated in GCC Clause              14.1 shall 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 Section VII. Technical Specification; and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin.  Such standards shall be the latest issued by the institution concerned.

16.  Inspection and Tests

          16.1    The Procuring Entity or its representative shall have the right to inspect and/or                to test the Goods to confirm their conformity to the Contract specifications at              no extra cost to the Procuring Entity. The SCC and Section VII. Technical             Specification shall specify what inspections and/or tests the Procuring Entity            requires and where they are to be conducted.  The Procuring Entity shall notify              the Supplier in writing, in a timely manner, of the identity of any                                       representatives retained for these purposes.

          16.2    If applicable, the inspections and tests may be conducted on the premises of             the Supplier or its subcontractor(s), at point of delivery, and/or at the goods’               final destination.  If conducted on the premises of the Supplier or its                      subcontractor(s), 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 Supplier shall provide the Procuring Entity with                     results of such inspections and tests.

          16.3    The Procuring Entity or its designated representative shall be entitled to attend                the tests and/or inspections referred to in this Clause provided that the                       Procuring Entity 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.

          16.4    The Procuring Entity may reject any Goods or any part thereof that fail to pass                  any test and/or inspection or do not conform to the specifications. The Supplier             shall either rectify or replace such rejected Goods or parts thereof or make               alterations necessary to meet the specifications at no cost to the Procuring            Entity, and shall repeat the test and/or inspection, at no cost to the Procuring                   Entity, upon giving a notice pursuant to GCC Clause 5.

          16.5    The Supplier agrees that neither the execution of a test and/or inspection of the                Goods or any part thereof, nor the attendance by the Procuring Entity or its            representative, shall release the Supplier from any warranties or other                       obligations under this Contract.

17.  Warranty

          17.1    The Supplier warrants that the Goods supplied under the Contract are new,             unused, of the most recent or current models, and that they incorporate all                   recent improvements in design and materials, except when the technical                      specifications required by the Procuring Entity provides otherwise. 

          17.2    The Supplier further warrants that 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.

          17.3    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 the final payment, or a special bank guarantee                            equivalent to at least ten percent (10%) of the Contract Price or other such                    amount if so specified in the 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.

          17.4    The Procuring Entity shall promptly notify the Supplier in writing of any                             claims arising under this warranty.  Upon receipt of such notice, the Supplier            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.

          17.5    If the Supplier, having been notified, fails to remedy the defect(s) within the             period specified in GCC Clause 17.4, the Procuring Entity may proceed to              take such remedial action as may be necessary, at the Supplier’s risk and                       expense and without prejudice to any other rights which the Procuring Entity            may have against the Supplier under the Contract and under the applicable                    law.

18.  Delays in the Supplier’s Performance

          18.1    Delivery of the Goods and/or performance of Services shall be made by the              Supplier in accordance with the time schedule prescribed by the Procuring            Entity in Section VI. Schedule of Requirements.

          18.2    If at any time during the performance of this Contract, the Supplier or its                           Subcontractor(s) should encounter conditions impeding timely delivery of the            Goods and/or performance of Services, the Supplier shall promptly notify the            Procuring Entity in writing of the fact of the delay, its likely duration and its                cause(s).  As soon as practicable after receipt of the Supplier’s notice, and                  upon causes provided for under GCC Clause 22, the Procuring Entity shall                    evaluate the situation and may extend the Supplier’s time for performance, in                     which case the extension shall be ratified by the parties by amendment of                 Contract.

          18.3    Except as provided under GCC Clause 22, a delay by the Supplier in the                           performance of its obligations shall render the Supplier liable to the imposition                    of liquidated damages pursuant to GCC Clause 19, unless an extension of time            is agreed upon pursuant to GCC Clause 29 without the application of                          liquidated damages.

 

 

19.  Liquidated Damages

Subject to GCC Clauses 18 and 22, if 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, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shall be ten percent (10%) of the amount of contract.  Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to other courses of action and remedies open to it.

20.  Settlement of Disputes

          20.1.   If any dispute or difference of any kind whatsoever shall arise between the               Procuring Entity and the Supplier in connection with or arising out of this           Contract, the parties shall make every effort to resolve amicably such dispute               or difference by mutual consultation.

          20.2.   If after thirty (30) days, the parties have failed to resolve their dispute or                          difference by such mutual consultation, then either the Procuring Entity or the                   Supplier may give notice to the other party of its intention to commence                              arbitration, as hereinafter provided, as to the matter in dispute, and no                          arbitration in respect of this matter may be commenced unless such notice is              given.

          20.3.   Any dispute or difference in respect of which a notice of intention to                       commence arbitration has been given in accordance with this Clause shall be                  settled by arbitration.  Arbitration may be commenced prior to or after delivery           of the Goods under this Contract.

          20.4.   In the case of a dispute between the Procuring Entity and the Supplier, the              dispute shall be resolved in accordance with Republic Act 9285 (“R.A. 9285”),           otherwise known as the “Alternative Dispute Resolution Act of 2004.”

          20.5.   Notwithstanding any reference to arbitration herein, the parties shall continue                    to perform their respective obligations under the Contract unless they                        otherwise agree; and the Procuring Entity shall pay the Supplier any monies                   due the Supplier.

21.  Liability of the Supplier

          21.1    The Supplier’s liability under this Contract shall be as provided by the laws of                   the Republic of the Philippines, subject to additional provisions, if any, set                    forth in the SCC.

          21.2    Except in cases of criminal negligence or willful misconduct, and in the case              of infringement of patent rights, if applicable, the aggregate liability of the                   Supplier to the Procuring Entity 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

          22.1.   The Supplier shall not be liable for forfeiture of its performance security,                            liquidated damages, or termination for default if and to the extent that the               Supplier’s delay in performance or other failure to perform its obligations                    under the Contract is the result of a force majeure.

          22.2    For purposes of this Contract the terms “force majeure” and “fortuitous event”                 may be used interchangeably.  In this regard, a fortuitous event or force                        majeure shall be interpreted to mean an event which the Contractor could not              have foreseen, or which though foreseen, was inevitable.  It shall not include                 ordinary unfavorable weather conditions; and any other cause the effects of              which could have been avoided with the exercise of reasonable diligence by                    the Contractor.  Such events may include, but not limited to, acts of the                            Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods,             epidemics, quarantine restrictions, and freight embargoes.

          22.3    If a force majeure situation arises, the Supplier shall promptly notify the                             Procuring Entity in writing of such condition and the cause thereof. Unless               otherwise directed by the Procuring Entity in writing, the Supplier shall                       continue to perform its obligations under the Contract as far as is reasonably               practical, and shall seek all reasonable alternative means for performance not                prevented by the force majeure.

23.  Termination for Default

          23.1    The Procuring Entity shall terminate this Contract for default when any of the                    following conditions attends its implementation:

                   (a)      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;

                   (b)      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

                   (c)      The Supplier fails to perform any other obligation under the                                    Contract.

          23.2    In the event the Procuring Entity terminates this Contract in whole or in part,                   for any of the reasons provided under GCC Clauses 23 to 26, the Procuring                 Entity may procure, upon such terms and in such manner as it deems                             appropriate, Goods or Services similar to those undelivered, and the Supplier                   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.

          23.3    In case the delay in the delivery of the Goods and/or performance of the                            Services exceeds a time duration equivalent to ten percent (10%) of the                             specified contract time plus any time extension duly granted to the Supplier,               the Procuring Entity may terminate this Contract, forfeit the Supplier's                         performance security and award the same to a qualified Supplier.

24.  Termination for Insolvency

The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction.  In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

25.  Termination for Convenience

          25.1.   The Procuring Entity may terminate this Contract, in whole or in part, at any           time for its convenience.  The Head of the Procuring Entity may terminate a                   contract for the convenience of the Government if he has determined the                     existence of conditions that make Project Implementation economically,                            financially or technically impractical and/or unnecessary, such as, but not                 limited to, fortuitous event(s) or changes in law and national government                           policies.

          25.2    The Goods that have been delivered and/or performed or are ready for delivery                  or performance within thirty (30) calendar days after the Supplier’s receipt of               Notice to Terminate shall be accepted by the Procuring Entity at the contract                 terms and prices.  For Goods not yet performed and/or ready for delivery, the             Procuring Entity may elect:

                   (a)      to have any portion delivered and/or performed and paid at the                               contract terms and prices; and/or

                   (b)      to cancel the remainder and pay to the Supplier an agreed amount        for                          partially completed and/or performed goods and for materials and                                     parts previously procured by the Supplier.

          25.3.   If the Supplier suffers loss in its initial performance of the terminated contract,                    such as purchase of raw materials for goods specially manufactured for the                Procuring Entity which cannot be sold in open market, it shall be allowed to                 recover partially from this Contract, on a quantum meruit basis.  Before                         recovery may be made, the fact of loss must be established under oath by the              Supplier to the satisfaction of the Procuring Entity before recovery may be               made.

26.  Termination for Unlawful Acts

          26.1    The Procuring Entity may terminate this Contract in case it is determined                prima facie that the Supplier has engaged, before or during the implementation               of this Contract, in unlawful deeds and behaviors relative to contract                       acquisition and implementation.  Unlawful acts include, but are not limited to,                the following:

                   (a)      Corrupt, fraudulent, and coercive practices as defined in ITB                                 Clause 3.1(a);

                   (b)      Drawing up or using forged documents;

                   (c)      Using adulterated materials, means or methods, or engaging in                                production contrary to rules of science or the trade; and

                   (d)      Any other act analogous to the foregoing.

 

27.  Procedures for Termination of Contracts

          27.1.   The following provisions shall govern the procedures for termination of this              Contract:

                   (a)      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;

                   (b)      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:

                             (i)       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;

                             (ii)      the extent of termination, whether in whole or in part;

                             (iii)     an instruction to the Supplier to show cause as to why this                                              Contract should not be terminated; and

                             (iv)     special instructions of the Procuring Entity, if any.

                   c)       The Notice to Terminate shall be accompanied by a copy of the                               Verified Report;

                   (d)      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;

                   (e)      The Procuring Entity may, at any time before receipt of the                                   Supplier’s verified position paper described in item (d) above                                 withdraw the Notice to Terminate if it is determined that certain                                     items or works subject of the notice had been completed, delivered,                          or performed before the Supplier’s receipt of the notice;

                   (f)       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;

                   (g)      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

                   (h)      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

 

 

GCC Clause

 

1.1 (g)

The procuring Entity is the National Library of the Philippines (NLP)

1.1 (i)

The Supplier is:

 

 

1.1 (j)

The Funding Source is:

 

The Government of the Philippines (GOP) through the authorized appropriation in the amount of One Million Twenty Two Thousand  Pesos (PhP1,022,000.00)

1.1 (k)

National Library of the Philippines

T.M. Kalaw St., Ermita, Manila

5.1

The Procuring Entity's address for Notices is:

National Library of the Philippines

T.M. Kalaw St., Ermita, Manila

Tel. Nos.: (02) 310-5024

 

Contact Person: Ms. Paulina Moreno, BAC Chairman

 

The Supplier's address for Notices is:

 

 

 

6.1

The Computer Hardware and Peripherals shall only be delivered by the Supplier at the National Library of the Philippines, T.M. Kalaw St. Ermita Manila and upon instruction by the Administrative Officer not later than 4:00pm on the day of delivery as indicated in Section VI. Schedule of Requirements.

 

Moreover, the delivery schedule as indicated in Section VI. Schedule of Requirements may be modified at the option of the Procuring Entity, with prior due notice, written or verbal, to the Supplier.

 

9.1

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

10.2

No further instructions

10.4

No further instructions

13.1

No further instructions

13.4

No further instructions

14.

No further instructions

16.1

The Goods delivered are accepted by the Procuring Entity as to quantity only. However, inspection as to the Goods' compliance with the technical specifications, and its order and condition, will be done in the presence of the representatives of both Supplier and Procuring Entity upon prior due notice, written or verbal, to the authorized representative of the Supplier. The inspection will push through as scheduled even in the absence of the Supplier's representative, if the latter was duly notified. In which case, the results of the inspection conducted by the Procuring Entity shall be final and binding upon the Supplier.

 

The inspection and tests that will be conducted shall be in accordance with Section VII. Technical Specifications.

 

17.3

At least One (1) year warranty on parts and service with provision of quarterly check-up and on-call on site support service.

 

17.4 and 17.5

No further instructions

19

Subject to GCC Clauses 18 and 22, if 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, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shall be ten percent (10%) of the amount of contract.  Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to other courses of action and remedies open to it.

21.1

If applicable, all partners to the joint venture shall be jointly and severally liable to the procuring entity.

 

 

SECTION VI. SCHEDULE OF REQUIREMENTS

 

The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the date of delivery to the project site.

 

Item

Description/Model

Quantity

Unit

Delivery

 

Supply and Delivery of the following:

 

 

 

1

Hard Disk Drives

Seagate Barracuda XT SATA

6Gb/s 2TB Hard Drive

30

pc.

 

 

 

Within forty five (45) days from receipt of Notice to Proceed

2

Hard Disk Drives

Seagate 160GB SATA 2MB

7200RPM Barracuda Hard Disk Drive

25

pc.

3

Hard Disk Drives

Seagate 500GB SATA 8MB

7200RPM Barracuda Hard Disk Drive

21

pc.

4

KVR800D2N6/2G (Memory)

50

pc.

5

TeraStation Pro

TS-8VH8.0TL/R6 (8TB)

1

pc.

 

 

I hereby certify to comply and deliver all the above requirements.

 

 

 

  ______________________                         _________________________                          _______________

   Name of Company/Bidder          Signature Over Printed Name                      Date

of Representative

 

SECTION VII. TECHNICAL SPECIFICATION

 

 

Item

Qty

Specification

Statement of Compliance

1

30 pcs.

HARD DISK DRIVE

Seagate Barracuda XT SATA 6Gb/s 2TB Hard Drive

SPECIFICATIONS

  • Model Number: ST32000641AS
  • Interface: SATA 6Gb/s
  • Cache: 64MB
  • Capacity: 2TB
  • Areal density (avg): 347Gb/in2
  • Guaranteed Sectors: 3,907,029,168

PHYSICAL

  • Height: 26.1mm (1.028 in)
  • Width: 101.6mm (4.0 in)
  • Length: 146.99mm (5.787 in)
  • Weight (typical): 700g (1.543 lb)

PERFORMANCE

  • Spin Speed: 7200 RPM
  • Sustained data transfer rate: 138Mb/s
  • Average latency: 4.16ms
  • Random read seek time: 8.5ms
  • Random write seek time: 9.5ms
  • I/O data transfer rate: 600MB/s
  • Unrecoverable read errors: 1 in 10

POWER

  • 12V start max current: 2.8A
  • Average idle power: 6.39W
  • Average operating power: 9.23W

ENVIRONMENT Ambient Temperature

  • Operating: 5°–60°C
  • Nonoperating: -40°–70°C
  • Maximum operating temperature change: 20°C per hour
  • Maximum nonoperating temperature change: 30°C per hour

Shock

  • Operating Shock (max): 63 Gs for 2ms
  • Nonoperating Shock (max): 300 Gs for 2ms

ACOUSTICS

  • Acoustics (Idle Volume): 2.8 bels
  • Acoustics (Seek Volume): 3.2 bels

 

 

2

 

25 pcs.

HARD DISK DRIVES

Seagate 160GB SATA 2MB 7200RPM Barracuda Hard Disk Drive (This is to replaced damaged HDD)

 

 

3

 

21 pcs.

HARD DISK DRIVES

Seagate 500GB SATA 8MB 7200RPM Barracuda Hard Disk Drive (This is to replaced damaged HDD)

 

4

50 pcs.

KVR800D2N6/2G (Memory)

 

5

1 pc.

TeraStation Pro

TS-8VH8.0TL/R6 (8TB)

  • Intel® Atom™ 1.66 GHz Dual Core / 2 GB RAM
  • -Eight front loading hot swap hard drives with lockable front panel
  • Active Directory support
  • Quota support prevents users/groups from consuming too much disk space
  • Scheduled shut down reduces energy costs
  • DFS (Distributed File System) suppor
  • Easy setup wizard and management through intuitive web interface
  • Cartridge mounted hot swap hard drives behind the front panel for easy drive access and replacement
  • 10/100/1000 Gigabit Ethernet with Jumbo Frame
  • Two Ethernet ports for port trunking
  • Supported RAID levels: 0, 1, 5, 6, 10, 50, 51, 60, 61 Normal (JBOD)
  • Share level replication feature synchronizes files of TeraStations
  • Failover synchronizes configuration data and files between two TeraStation PROs. When the main TeraStation fails, the backup TeraStation automatically becomes a main TeraStation
  • Hot spare enables automatic RAID build in case of a drive failure
  • Optional AES-128 bit hard drive encryption
  • Large silent fan and advanced ventilation design cool down hard drives and other components efficiently
  • LCD Display shows important TeraStation information and disk status
  • Built-in FTP server functionality
  • BitTorrent Client: Download digital content from the Internet directly to your TeraStation
  • 2 USB 2.0 ports for external drive, printer and UPS connectivity

Note: Brand and Model numbers as specified are required for compatibility. Any replacement must be validated with ITD to ensure compatibility.

 

 

          I hereby certify to comply with all the above Technical Specifications.

 

         

          ________________________              _____________________________

          Name of Company/Bidder                       Signature Over Printed Name of

                                                                             Representative

 

 

          ________________________

                           Date

SECTION VIII. BIDDING FORMS

 

TABLE OF CONTENTS

 

       Omnibus Sworn Statement ….........................................................................    58

 

      Statement of all Government & Private contracts completed which are

              similar in nature ........................................................................................   60

 

      List of all ongoing Government and Private contracts including contracts

             awarded but not yet started.........................................................................   61

 

      Bid Form …................................................... ...................................................   62

 

      Contract Agreement Form …............................................................................   64

 

Omnibus Sworn Statement

 

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______     ) S.S.

 

 

AFFIDAVIT

 

 

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];

 

  1. 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)];

 

  1. [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;

 

  1. 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;

 

  1. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;

 

  1. 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;

 

  1. [Name of Bidder] complies with existing labor laws and standards; and

 

  1. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder:

 

  1. Carefully examine all of the Bidding Documents;

 

  1. Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;

 

  1. Made an estimate of the facilities available and needed for the contract to be bid, if any; and

 

  1. 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 ____________, Philippines.

 

 

                                                          _____________________________________

                                                          Bidder’s Representative/Authorized Signatory

 

[JURAT]

 

 

* This form will not apply for WB funded projects.

 

 

Statement of all Government & Private Contracts completed

which are similar in nature

 

 

Business Name: __________________________________________________

 

Business Address: ________________________________________________

 

 

Name of Contract

Date of the Contract

Kinds of Goods

Amount of Contract

Date of Delivery

End User's Acceptance or Official Receipt(s) Issued for the Contract

Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Private

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submitted by: _____________________________________________

                                         (Printed Name & Signature)

 

Designation: ______________________________________________

 

Date: ____________________________________________________

 

List of all Ongoing Government & Private Contracts including

Contracts awarded but not yet started

 

 

Business Name: __________________________________________________

 

Business Address: ________________________________________________

 

 

Name of Contract

Date of the Contract

Kinds of Goods

Amount of Contract

Value of Outstanding Contracts

Date of Delivery

Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Private

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submitted by: _____________________________________________

                                         (Printed Name & Signature)

 

Designation: ______________________________________________

 

Date: ____________________________________________________

 

Bid Form

 

 

                                                                     Date:                                   

                                                  Invitation to Bid 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.

 

 

Item

Description/Model

Quantity

Unit

Unit Cost

(inclusive of VAT)

 

Supply and Delivery of the following:

 

 

 

1

Hard Disk Drives

Seagate Barracuda XT SATA

6Gb/s 2TB Hard Drive

30

pc.

 

2

Hard Disk Drives

Seagate 160GB SATA 2MB

7200RPM Barracuda Hard Disk Drive

25

pc.

 

3

Hard Disk Drives

Seagate 500GB SATA 8MB

7200RPM Barracuda Hard Disk Drive

21

pc.

 

4

KVR800D2N6/2G (Memory)

50

pc.

 

5

TeraStation Pro

TS-8VH8.0TL/R6 (8TB)

1

pc.

 

 

       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 Clause 18.2 and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

 

       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 5 of the Bidding Documents.

 

Dated this ________________ day of ________________ 20______.

 

 

                                                                                                                

[signature]                                           [in the capacity of]

 

Duly authorized to sign Bid for and on behalf of                     ____________________________

 

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:

 

1.       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.:

 

(a)      the Bid Form and the Price Schedule submitted by the Bidder;

(b)      the Schedule of Requirements;

(c)      the Technical Specifications;

(d)      the General Conditions of Contract;

(e)      the Special Conditions of Contract; and

(f)       the Entity’s Notification of Award.

 

3.       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                          the                           (for the Entity)

 

Signed, sealed, delivered by                          the                           (for the  Supplier).

 

Contractor: 
Integrated Computer Systems, Inc.
Contract Amount: 
588485
Notice of Award: 
November 13, 2012
Contract number: 
1211-0238
Notice to Proceed: 
November 22, 2012
Contract Date: 
November 15, 2012

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