Ebooks

December 4, 2012

Deadline of Submission:

Tuesday, December 4, 2012

Invitation to Bid

PROCUREMENT FOR E-BOOKS

The National Library of the Philippines, through the authorized appropriations under the General Appropriations Act (GAA) for FY 2013 intends to apply the sum of ONE MILLION SEVENTY SEVEN THOUSAND NINE HUNDRED SIXTEEN PESOS (PhP1,077,916.00) being the Approved Budget for the Contract (ABC) to payments under the contract for E-books. Bids received in excess of the ABC shall be automatically rejected at bid opening.

The National Library of the Philippines now invites bids for the supply of E-books. Items stated in the Technical Specifications must be readily available and accessible by National Library of the Philippines users within thirty (30) days after receipt of Purchase Order. Bidders should have completed, within three (3) years from the date of submission and receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders.

Bidding 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 open to all interested bidders, whether local or foreign, subject to the conditions for eligibility provided in the IRR of RA 9184.

Interested bidders may obtain further information from National Library of the Philippines (NLP) and inspect the Bidding Documents at the address given below during Mondays – Fridays, 8:00AM – 5:00PM..

A complete set of Bidding Documents may be purchased by interested Bidders on November 6, 2012 from the address below and upon payment of a nonrefundable fee for the Bidding Documents in the amount of PhP1,000.00.

It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and NLP website at http:web.nlp.gov.ph, provided that Bidders shall pay the nonrefundable fee for the Bidding Documents not later than the submission of their bids. NLP will hold a Pre-Bid Conference on November 12, 2012, 10:00AM at Conference Room, 3^rd Floor NLP Building,, which shall be open to all interested parties.

Bids must be delivered to the address below on or before December 4, 2012 at 10:00AM. 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 December 4, 2012, 10:30AM at the Conference Room, 3^rd Floor NLP Building. Bids will be opened in the presence of the Bidders’ representatives who choose to attend at the address below. Late bids shall not be accepted.

The National Library of the Philippines 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 or MARICEL M. DIAZ

Ground Floor, Library for the Blind Section 3^rd Floor, Filipiniana Division

National Library of the Philippines National Library of the Phils.

T.M. Kalaw St., Ermita, Manila T.M. Kalaw St., Ermita, Manila

Tel. No.: 524-0498 Tel. No. 310-5029

Email: dollydc5501@yahoo.com Email: mlmanalo@yahoo.com

ddcarungui@nlp.gov.ph

Sgd.

PAULINA R. MORENO

Chairperson

Bids and Awards Committee

Section II. Instruction to Bidders

TABLE OF CONTENTS

A.. General. 12

1.…… Scope of Bid. 12

2.…… Source of Funds. 12

3.…… Corrupt, Fraudulent, Collusive, and Coercive Practices. 12

4.…… Conflict of Interest 13

5.…… Eligible Bidders. 15

6.…… Bidder’s Responsibilities. 16

7.…… Origin of Goods. 18

8.…… Subcontracts. 18

B.. Contents of Bidding Documents. 18

9.…… Pre-Bid Conference. 18

10. Clarification and Amendment of Bidding Documents. 19

C.. Preparation of Bids. 19

11. Language of Bid. 19

12. Documents Comprising the Bid: Eligibility and Technical Components. 19

13. Documents Comprising the Bid: Financial Component 21

14. Alternative Bids. 22

15. Bid Prices. 22

16. Bid Currencies. 23

17. Bid Validity. 24

18. Bid Security. 24

19. Format and Signing of Bids. 26

20. Sealing and Marking of Bids. 27

D.. Submission and Opening of Bids. 27

21. Deadline for Submission of Bids. 27

22. Late Bids. 28

23. Modification and Withdrawal of Bids. 28

24. Opening and Preliminary Examination of Bids. 28

E.. Evaluation and Comparison of Bids. 30

25. Process to be Confidential 30

26. Clarification of Bids. 30

27. Domestic Preference. 30

28. Detailed Evaluation and Comparison of Bids. 31

29. Post-Qualification. 32

30. Reservation Clause. 33

F.. Award of Contract. 34

31. Contract Award. 34

32. Signing of the Contract 35

33. Performance Security. 35

34. Notice to Proceed. 36

General

Scope of Bid

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 the “Goods”).

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.

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.

Corrupt, Fraudulent, Collusive, and Coercive Practices

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:

defines, for purposes of this provision, the terms set forth below as follows:
1. “corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019.
2. “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.
3. “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.
4. “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;
5. “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.

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

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

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

Conflict of Interest

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

A Bidder has controlling shareholders in common with another Bidder;
A Bidder receives or has received any direct or indirect subsidy from any other Bidder;
A Bidder has the same legal representative as that of another Bidder for purposes of this bid;
A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;
A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; or
A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid.

In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons:

If the Bidder is an individual or a sole proprietorship, to the Bidder himself;
If the Bidder is a partnership, to all its officers and members;
If the Bidder is a corporation, to all its officers, directors, and controlling stockholders; and
If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder.

Eligible Bidders

Unless otherwise provided in the BDS, the following persons shall be eligible to participate in this bidding:

Duly licensed Filipino citizens/sole proprietorships;
Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines;
Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;
Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; and
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%).

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

When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR allow foreign bidders to participate;
Citizens, corporations, or associations of a country, included in the list issued by the GPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations, or associations of the Philippines;
When the Goods sought to be procured are not available from local suppliers; or
When there is a need to prevent situations that defeat competition or restrain trade.

Government corporate entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity.

Unless otherwise provided in the 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 relevant period stated in the Invitation to Bid and ITB Clause 12.1(a)(iii).

The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded the contract for this Project (CLC).

The NFCC, computed using the following formula, must be at least equal to the ABC to be bid:

NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project.

Where:

K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years.

The CLC must be at least equal to ten percent (10%) of the ABC for this Project. If issued by a foreign bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. In the case of local government units (LGUs), the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas (BSP) as authorized to issue such financial instrument.

Bidder’s Responsibilities

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

The Bidder is responsible for the following:

Having taken steps to carefully examine all of the Bidding Documents;
Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract;
Having made an estimate of the facilities available and needed for the contract to be bid, if any;
Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.3.
Ensuring that it is not “blacklisted” or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB;

Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;

Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify all the documents submitted;
Ensuring that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary’s Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture;
Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019; and
Complying with existing labor laws and standards, in the case of procurement of services.

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

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

It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to the contract to be bid, including: (a) the location and the nature of this Project; (b) climatic conditions; (c) transportation facilities; and (d) other factors that may affect the cost, duration, and execution or implementation of this Project.

The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity.

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

Before submitting their bids, the Bidder is deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way.

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

Origin of Goods

Unless otherwise indicated in the BDS, there is no restriction on the origin of goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause 27.1.

Subcontracts

Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Goods 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.
Subcontractors must comply with the eligibility criteria and the documentary requirements 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 Goods shall be disallowed.
The Bidder may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid.

Contents of Bidding Documents

Pre-Bid Conference

(a) 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.

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

Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

Clarification and Amendment of Bidding Documents

Bidders who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation. Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of bids.

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

Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23.

Preparation of Bids

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.

Documents Comprising the Bid: Eligibility and Technical Components

Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents:
1. Eligibility Documents –

Class “A” Documents:

Registration certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives, or any proof of such registration as stated in the BDS;
Mayor’s permit issued by the city or municipality where the principal place of business of the prospective bidder is located;
Statement of all its ongoing and completed government and private contracts within the period stated in the BDS, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following:
1. name of the contract;
2. date of the contract;
3. kinds of Goods;
4. amount of contract and value of outstanding contracts;
5. date of delivery; and
6. end user’s acceptance or official receipt(s) issued for the contract, if completed.
Audited financial statements, stamped “received” by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions, for the preceding calendar year, which should not be earlier than two (2) years from bid submission;
NFCC computation or CLC in accordance with ITB Clause 5.5; and

Class “B” Document:

If applicable, the JVA in case the joint venture is already in existence, or duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful.
Technical Documents –
1. Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of:
  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
  2. a surety bond, it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such instruments;
2. Conformity with technical specifications, as enumerated and specified in Sections VI and VII of the Bidding Documents; and
3. 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.

Documents Comprising the Bid: Financial Component

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

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;
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
Any other document related to the financial component of the bid as stated in the BDS.

(a) Unless otherwise stated in the BDS, all bids that exceed the ABC shall not be accepted.

(b) Unless otherwise indicated in the BDS, for foreign-funded procurement, a ceiling may be applied to bid prices provided the following conditions are met:

(i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the procuring entity, payment could be made upon the submission of bids.

(ii) The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured.

(iii) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances.

(iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer’s/procuring entity’s estimate.

(v) The procuring entity has established a system to monitor and report bid prices relative to ABC and procuring entity’s estimate. The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works.

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.

Bid Prices

The Bidder shall complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project.

The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, Bill of Quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a “0” (zero) for the said item would mean that it is being offered for free to the Government.

The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris.

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

For Goods offered from within the Procuring Entity’s country:
1. 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:
  1. on the components and raw material used in the manufacture or assembly of Goods quoted ex works or ex factory; or
  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.
2. The price for inland transportation, insurance, and other local costs incidental to delivery of the Goods to their final destination.
3. The price of other (incidental) services, if any, listed in the BDS.
For Goods offered from abroad:
1. 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.
2. The price of other (incidental) services, if any, listed in the BDS.

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.

Bid Currencies

Prices shall be quoted in the following currencies:

For Goods that the Bidder will supply from within the Philippines, the prices shall be quoted in Philippine Pesos.
For Goods that the Bidder will supply from outside the Philippines, the prices may be quoted in the currency(ies) stated in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening.

If so allowed in accordance with ITB 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 foregoing exchange rates.

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

Bid Validity

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.

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.

Bid Security

The bid security 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)
Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank.	Two percent (2%)
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.	Two percent (2%)
Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.	Five percent (5%)
Any combination of the foregoing.	Proportionate to share of form with respect to total amount of security

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

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

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

Upon signing and execution of the contract pursuant to ITB Clause 32, and the posting of the performance security pursuant to ITB Clause 33, the successful Bidder’s bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause 18.2.

The bid security may be forfeited:

if a Bidder:
1. withdraws its bid during the period of bid validity specified in ITB Clause 17;
2. does not accept the correction of errors pursuant to ITB Clause 28.3(b);
3. fails to submit the requirements within the prescribed period or a finding against their veracity as stated in ITB Clause 29.2;
4. submission of eligibility requirements containing false information or falsified documents;
5. 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;
6. allowing the use of one’s name, or using the name of another for purposes of public bidding;
7. 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;
8. refusal or failure to post the required performance security within the prescribed time;
9. 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;
10. any documented attempt by a bidder to unduly influence the outcome of the bidding in his favor;
11. failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful; or
12. 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.
if the successful Bidder:
1. fails to sign the contract in accordance with ITB Clause 32; or
2. fails to furnish performance security in accordance with ITB Clause 33.

Format and Signing of Bids

Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Bidding Forms on or before the deadline specified in the ITB Clauses 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.

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.

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

The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Bidder.

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

Sealing and Marking of Bids

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”.

Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as “COPY NO. ___ – TECHNICAL COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and the outer envelope as “COPY NO. ___”, respectively. These envelopes containing the original and the copies shall then be enclosed in one single envelope.

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

All envelopes shall:

contain the name of the contract to be bid in capital letters;
bear the name and address of the Bidder in capital letters;
be addressed to the Procuring Entity’s BAC in accordance with ITB Clause 1.1;
bear the specific identification of this bidding process indicated in the ITB Clause 1.2; and
bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of bids, in accordance with ITB Clause 21.

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.

Submission and Opening of Bids

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.

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.

Modification and Withdrawal of Bids

The Bidder may modify its bid after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL MODIFICATION” and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened.

A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids.

Bids requested to be withdrawn in accordance with ITB 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.

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.

Opening and Preliminary Examination of Bids

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”.

Unless otherwise specified in the BDS, immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated “passed”. The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clause 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.

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

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

In the case of an eligible foreign Bidder as described in ITB Clause 5, the Class “A” Documents described 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.

Each partner of a joint venture agreement shall likewise submit the requirements 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)(v) by any of the joint venture partners constitutes compliance.

A Bidder determined as “failed” has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed Bidder signifies his intent to file a motion for reconsideration, the BAC shall keep the bid envelopes of the said failed Bidder unopened and/or duly sealed until such time that the motion for reconsideration or protest has been resolved.

The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price, bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read.

Evaluation and Comparison of Bids

Process to be Confidential

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

Any effort by a bidder to influence the Procuring Entity in the Procuring Entity’s decision in respect of bid evaluation, bid comparison or contract award will result in the rejection of the Bidder’s bid.

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.

Domestic Preference

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:

The preference shall be applied when (i) the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder, or (ii) the lowest bid offered by a non-Philippine national is lower than the lowest bid offered by a Domestic Entity.
For evaluation purposes, the lowest Foreign Bid or the bid offered by a non-Philippine national shall be increased by fifteen percent (15%).
In the event that (i) the lowest bid offered by a Domestic Entity does not exceed the lowest Foreign Bid as increased, or (ii) the lowest bid offered by a non-Philippine national as increased, then the Procuring Entity shall award the contract to the Domestic Bidder/Entity at the amount of the lowest Foreign Bid or the bid offered by a non-Philippine national, as the case may be.
If the Domestic Entity/Bidder refuses to accept the award of contract at the amount of the Foreign Bid or bid offered by a non-Philippine national within two (2) calendar days from receipt of written advice from the BAC, the Procuring Entity shall award to the bidder offering the Foreign Bid or the non-Philippine national, as the case may be, subject to post-qualification and submission of all the documentary requirements under these Bidding Documents.

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

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

Detailed Evaluation and Comparison of Bids

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

The Lowest Calculated Bid shall be determined in two steps:

The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and
The ranking of the total bid prices as so calculated from the lowest to the highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid.

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

Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a “0” (zero) for the said item would mean that it is being offered for free to the Procuring Entity; and
Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of all eligible bids. It may also consider bid modifications, if allowed in the BDS. Any adjustment shall be calculated in monetary terms to determine the calculated prices.

Based on the detailed evaluation of bids, those that comply with the above-mentioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS.

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

Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison.

Post-Qualification

The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB) complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5, 12, and 13.

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

Tax clearance per Executive Order 398, Series of 2005;
Latest income and business tax returns in the form specified in the BDS;
Certificate of PhilGEPS Registration; and
Other appropriate licenses 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.

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.

If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria for post-qualification, it shall declare the said bid as the Lowest Calculated Responsive Bid, and recommend to the Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or its calculated bid price, whichever is lower.

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

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

Reservation Clause

Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract.

Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a failure of bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding:

If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the collusion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition;
If the Procuring Entity’s BAC is found to have failed in following the prescribed bidding procedures; or
For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows:
1. 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;
2. If the project is no longer necessary as determined by the head of the procuring entity; and
3. If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.

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

No bids are received;
All prospective Bidders are declared ineligible;
All bids fail to comply with all the bid requirements or fail post-qualification; or
The Bidder with the Lowest Calculated Responsive Bid (LCRB) refuses, without justifiable cause to accept the award of contract, and no award is made.

Award of Contract

Contract Award

Subject to ITB Clause 29, the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be the LCRB.

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

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

Submission of the valid JVA, if applicable, within ten (10) calendar days from receipt by the Bidder of the notice from the BAC that the Bidder has the LCRB;
Posting of the performance security in accordance with ITB Clause 33;
Signing of the contract as provided in ITB Clause 32; and
Approval by higher authority, if required.

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

Signing of the Contract

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

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

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

The following documents shall form part of the contract:

Contract Agreement;
Bidding Documents;
Winning bidder’s bid, including the Technical and Financial Proposals, and all other documents/statements submitted;
Performance Security;
Credit line in accordance with ITB Clause 5.5, if applicable;
Notice of Award of Contract; and
Other contract documents that may be required by existing laws and/or specified in the BDS.

Performance Security

To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall post a performance security within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract.

The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule:

Form of Performance Security	Amount of Performance Security (Equal to Percentage of the Total Contract Price)
Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank.	Five percent (5%)
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.	Five percent (5%)
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%)
Any combination of the foregoing.	Proportionate to share of form with respect to total amount of security

Failure of the successful Bidder to comply with the above-mentioned requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall be repeated until the LCRB is identified and selected for contract award. However if no Bidder passed post-qualification, the BAC shall declare the bidding a failure and conduct a re-bidding with re-advertisement.

Notice to Proceed

Within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder.

The 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
2	The Funding Source is: The Government of the Philippines (GOP) through authorized appropriations under the General Appropriations Act for FY 2013 in the amount of PhP1,077,916.00
3.1	No further instructions.
5.1	No further instructions.
5.2	Foreign bidders may participate.
5.4	The Bidder must have completed, within the period specified in the Invitation to Bid and ITB Clause 12.1(a)(iii), a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the ABC.
7	No further instructions.
8.1	Subcontracting is not allowed.
9.1	The Procuring Entity will hold a pre-bid conference for this Project on November 12, 2012 , 10AM at the Conference room, 3^rd Floor, NLP Building T.M. Kalaw St., Ermita, Manila.
10.1	The Procuring Entity’s address is: T.M. Kalaw St., Ermita, Manila Contact person is the BAC Secretariat
12.1(a)	No further instructions.
12.1(a)(i)	No other acceptable proof of registration is recognized.
12.1(a)(iii)	The statement of all ongoing and completed government and private contracts shall include all such contracts within three (3) years prior to the deadline for the submission and receipt of bids.
13.1	No additional requirements.
13.1(b)	No further instructions.
13.2	The ABC is PhP1,077,916.00. Any bid with a financial component exceeding this amount shall not be accepted.
16.1(b)	The Bid prices for Goods supplied from outside of the Philippines shall be quoted either in Philippine Pesos or United States Dollars at the discretion of the Bidder.
16.3	Payment shall be made in US $
17.1	Bids will be valid within 120 days from the opening of bids.
18.1	The bid security shall be in the following amount: The amount of PhP21,558.32, if bid security is in cash, cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of credit; The amount of PhP53,895.80 if bid security is in Surety Bond; or 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 120 days from the opening of bids.
20.3	Each Bidder shall submit one (1) original and (1) one copies of the first and second components of its bid.
21	The address for submission of bids is Conference Room, 3^rd Floor NLP Building, T.M. Kalaw St., Ermita, Manila. The deadline for submission of bids is December 4, 2012 at 10:00AM.
24.1	The place of bid opening is at the Conference Room 3^rd Floor, NLP Building , T.M. Kalaw St., Ermita, Manila. The date and time of bid opening is December 4, 2012 at 10:30AM.
24.2	No further instructions.
27.1	No further instructions.
28.3	All Goods are grouped in lots listed below. Bidders shall have the option of submitting a proposal on any or all lots and evaluation and contract award will be undertaken on a per lot basis. Lots shall not be divided further into sub-lots for the purpose of bidding, evaluation, and contract award. PARTICULARS E-books (Filipiniana) E-books (Foreign)
28.3(b)	Bid modification is not allowed.
28.4	No further instructions.
29.2(a)	No further instructions.
29.2(b)	Bidders have option to submit manually filed tax returns or tax returns filed through the Electronic Filing and Payments System (EFPS). NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission.
232.4 (g)	No further instructions.

Section IV. General Conditions of Contract

TABLE OF CONTENTS

1…… Definitions. 46

2…… Corrupt, Fraudulent, Collusive, and Coercive Practices. 47

3…… Inspection and Audit by the Funding Source. 48

4…… Governing Law and Language. 48

5…… Notices. 48

6…… Scope of Contract. 49

7…… Subcontracting. 49

8…… Procuring Entity’s Responsibilities. 49

9…… Prices. 49

10…. Payment. 50

11…. Advance Payment and Terms of Payment. 50

12…. Taxes and Duties. 51

13…. Performance Security. 51

14…. Use of Contract Documents and Information. 51

15…. Standards. 52

16…. Inspection and Tests. 52

17…. Warranty. 53

18…. Delays in the Supplier’s Performance. 53

19…. Liquidated Damages. 54

20…. Settlement of Disputes. 54

21…. Liability of the Supplier. 55

22…. Force Majeure. 55

23…. Termination for Default. 55

24…. Termination for Insolvency. 56

25…. Termination for Convenience. 56

26…. Termination for Unlawful Acts. 57

27…. Procedures for Termination of Contracts. 57

28…. Assignment of Rights. 58

29…. Contract Amendment. 58

30…. Application. 58

Definitions

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

“The Contract” means the agreement entered into between the Procuring Entity and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.
“The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.
“The Goods” means all of the supplies, equipment, machinery, spare parts, other materials and/or general support services which the Supplier is required to provide to the Procuring Entity under the Contract.
“The Services” means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract.
“GCC” means the General Conditions of Contract contained in this Section.
“SCC” means the Special Conditions of Contract.
“The Procuring Entity” means the organization purchasing the Goods, as named in the SCC.
“The Procuring Entity’s country” is the Philippines.
“The Supplier” means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the SCC.
The “Funding Source” means the organization named in the SCC.
“The Project Site,” where applicable, means the place or places named in the SCC.
“Day” means calendar day.
The “Effective Date” of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provided in the Notice to Proceed. Performance of all obligations shall be reckoned from the Effective Date of the Contract.

“Verified Report” refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate.

Corrupt, Fraudulent, Collusive, and Coercive Practices

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:

defines, for the purposes of this provision, the terms set forth below as follows:
1. “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.
2. “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.
3. “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.
4. “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;
5. “obstructive practice” is

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.

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

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

Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Supplier’s accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source.

Governing Law and Language

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

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.

Notices

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.

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.

Scope of Contract

The GOODS and Related Services to be provided shall be as specified in Section VI. Schedule of Requirements.

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.

Subcontracting

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

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

Procuring Entity’s Responsibilities

Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits, approvals, import, and other licenses from local public authorities, the Procuring Entity shall, if so needed by the Supplier, make its best effort to assist the Supplier in complying with such requirements in a timely and expeditious manner.

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

Prices

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.

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.

Payment

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.

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.

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.

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

Advance Payment and Terms of Payment

Advance payment shall be made only after prior approval of the President, and shall not exceed fifteen percent (15%) of the Contract amount, unless otherwise directed by the President or in cases allowed under Annex “D” of RA 9184.

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

On Contract Signature: Ten percent (10%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. Bidding Forms.
On Delivery: Seventy percent (70%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents.

On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entity’s authorized representative. In the event that no inspection or acceptance certificate

is issued by the Procuring Entity’s authorized representative within forty five (45) days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entity’s own verification of the reason(s) for the failure to issue documents (vii) and (viii) as described in the SCC provision on Delivery and Documents.

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

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.

Performance Security

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.

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

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

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

There are no pending claims against the Supplier or the surety company filed by the Procuring Entity;
The Supplier has no pending claims for labor and materials filed against it; and
Other terms specified in the SCC.

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.

Use of Contract Documents and Information

The Supplier shall not, except for purposes of performing the obligations in this Contract, without the Procuring Entity’s prior written consent, disclose this Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.

Any document, other than this Contract itself, enumerated in GCC 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.

Standards

The Goods provided under this Contract shall conform to the standards mentioned in the Section VII. Technical Specifications; and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the institution concerned.

Inspection and Tests

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

If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. The Supplier shall provide the Procuring Entity with results of such inspections and tests.

The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in this Clause provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

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

Warranty

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

The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination.

In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period specified in the SCC. The obligation for the warranty shall be covered by, at the Supplier’s option, either retention money in an amount equivalent to at least ten percent (10%) of 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.

The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall, within the period specified in the SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without cost to the Procuring Entity.

If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in GCC 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.

Delays in the Supplier’s Performance

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

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.

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.

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.

Settlement of Disputes

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

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

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

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.”

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.

Liability of the Supplier

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.

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.

Force Majeure

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

For purposes of this Contract the terms “force majeure” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor. 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.

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.

Termination for Default

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

Outside of force majeure, the Supplier fails to deliver or perform any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier prior to the delay, and such failure amounts to at least ten percent (10%) of the contact price;

As a result of force majeure, the Supplier is unable to deliver or perform any or all of the Goods, amounting to at least ten percent (10%) of the contract price, for a period of not less than sixty (60) calendar days after receipt of the notice from the Procuring Entity

stating that the circumstance of force majeure is deemed to have ceased; or
The Supplier fails to perform any other obligation under the Contract.

In the event the Procuring Entity terminates this Contract in whole or in part, for any of the reasons provided under GCC 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.

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.

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.

Termination for Convenience

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

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

to have any portion delivered and/or performed and paid at the contract terms and prices; and/or
to cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier.

If the Supplier suffers loss in its initial performance of the terminated contract, such as purchase of raw materials for goods specially manufactured for the

Procuring Entity which cannot be sold in open market, it shall be allowed to recover partially from this Contract, on a quantum meruit basis. Before recovery may be made, the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be made.

Termination for Unlawful Acts

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

Corrupt, fraudulent, and coercive practices as defined in ITB Clause 3.1(a);
Drawing up or using forged documents;
Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and
Any other act analogous to the foregoing.

Procedures for Termination of Contracts

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

Upon receipt of a written report of acts or causes which may constitute ground(s) for termination as aforementioned, or upon its own initiative, the Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execution of a Verified Report, with all relevant evidence attached;
Upon recommendation by the Implementing Unit, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveying the termination of this Contract. The notice shall state:
1. 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;
2. the extent of termination, whether in whole or in part;
3. an instruction to the Supplier to show cause as to why this Contract should not be terminated; and
4. special instructions of the Procuring Entity, if any.
The Notice to Terminate shall be accompanied by a copy of the Verified Report;
Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated. If the Supplier fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the Head of the Procuring Entity shall issue an order terminating this Contract;
The Procuring Entity may, at any time before receipt of the Supplier’s verified position paper described in item (d) above withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier’s receipt of the notice;
Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. It shall serve a written notice to the Supplier of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Supplier of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate;
The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity; and
The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The Contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity.

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.

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.

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
1.16	The Procuring Entity is National Library of the Philippines (NLP)
1.1(i)	The Supplier is [to be inserted at the time of contract award].
1.1(j)	The Funding Source is The Government of the Philippines (GOP) through the authorized appropriations under the Government Appropriations Act (GAA) for FY 2013 in the amount of PhP1,077,916.00.
1.1(k)	The Project Site is Collection Development Division, National Library of the Philippines, T.M. Kalaw, Manila.
5.1	The Procuring Entity’s address for Notices is: Ms. Teresita Pimentel Collection Development Division, 5^th Floor NLP Building Telefax: 310-5057 he Supplier’s address for Notices is: [Insert address including, name of contact, fax and telephone number]
6.2	The delivery terms applicable to the Contract are DDP delivered at Collection Development Division, National Library of the Philippines. In accordance with INCOTERMS.” The delivery terms applicable to this Contract are delivered at Collection Development Division. Risk and title will pass from the Supplier to the Procuring Entity upon receipt and final acceptance of the Goods at their final destination.” Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in Section VI. Schedule of Requirements. The details of shipping and/or other documents to be furnished by the Supplier are as follows: For Goods supplied from within the Philippines: Upon delivery of the Goods to the Project Site, the Supplier shall notify the Procuring Entity and present the following documents to the Procuring Entity: Original and four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount; Original and four copies delivery receipt/note, railway receipt, or truck receipt; Original Supplier’s factory inspection report; Original and four copies of the Manufacturer’s and/or Supplier’s warranty certificate; Original and four copies of the certificate of origin (for imported Goods); Delivery receipt detailing number and description of items received signed by the authorized receiving personnel; Certificate of Acceptance/Inspection Report signed by the Procuring Entity’s representative at the Project Site; and Four copies of the Invoice Receipt for Property signed by the Procuring Entity’s representative at the Project Site. For Goods supplied from abroad: Upon shipment, the Supplier shall notify the Procuring Entity and the insurance company by cable the full details of the shipment, including Contract Number, description of the Goods, quantity, vessel, bill of lading number and date, port of loading, date of shipment, port of discharge etc. Upon delivery to the Project Site, the Supplier shall notify the Procuring Entity and present the following documents as applicable with the documentary requirements of any letter of credit issued taking precedence: Original and four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount; Original and four copies of the negotiable, clean shipped on board bill of lading marked “freight pre-paid” and five copies of the non-negotiable bill of lading ; Original Supplier’s factory inspection report; Original and four copies of the Manufacturer’s and/or Supplier’s warranty certificate; Original and four copies of the certificate of origin (for imported Goods); Delivery receipt detailing number and description of items received signed by the Procuring Entity’s representative at the Project Site; Certificate of Acceptance/Inspection Report signed by the Procuring Entity’s representative at the Project Site; and Four copies of the Invoice Receipt for Property signed by the Procuring Entity’s representative at the Project Site. For purposes of this Clause the Procuring Entity’s Representative at the Project Site is [insert name(s)].

10.4	Payment shall be made in US $
13.4(c)	No further instructions.
16.1	None
17.3	One (1) year after acceptance by the Procuring Entity of the delivered Goods.
17.4	The period for correction of defects in the warranty period is 60 days
21.1	No additional provision. or, if the Supplier is a joint venture, “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 days stipulates hereafter a delivery date which is the date of delivery to the project site.

Item Number	Description	Quantity	Total	Delivered
1	E-books (Filipiniana)	106 titles/volumes	106	30 days upon receipt of Purchase Order
2	E-books (Foreign)	200 titles/volumes	200	30 days upon receipt of Purchase Order

Section VII. Technical Specifications

Item No.	Specifications		Statement of Compliance
Lot 1	E-books (Filipiniana)	QTY
1	2005 Philippines Economic and Product Market Databook / Parker, Philip M., 2005. eISBN 9781417578368	1
2	Agents of Apocalypse: Epidemic Disease in the Colonial Philippines / De Bevoise, Ken, 1995. eISBN 9781400811373	1
3	Amazons of the Huk Rebellion: Gender, Sex, and Revolution in the Philippines / Lanzona, Vina A., 2009. eISBN 9780299230937	1
4	America at War: The Philippines, 1898-1913 / Feuer, A. B., 2002. eISBN 9780313011962	1
5	American Military Intervention in Unconventional War / Bert, Wayne, 2011. eISBN 9780230337817	1
6	American Workers, Colonial Power: From the Philippines to Iraq / Fujita-Rony, Dorothy B., 2003. eISBN 9780520927728	1
7	Basques in the Philippines / De Borja, Marciano R., 2005. eISBN 9780874178913	1
8	Between Two Worlds: Society, Politics, and Business in the Philippines / Hodder, Rupert., 2002. eISBN 9780203220450	1
9	Blood of Government: Race, Empire, the United States, & the Philippines / Kramer, Paul A., 2006. eISBN 9780807877173	1
10	Business Guide to the Philippines / Kirk, Donald, 1998. eISBN 9781136012105	1
11	Captured: The Japanese Internment of American Civilians in the Philippines, 1941-1945 / Cogan, Frances B., 2000. eISBN 9780820343525	1
12	Changing Village Environment in Southeast Asia: Applied Anthropology and Environmental Reclamation in the Northern Philippines / Wallace, Ben J., 2006. eISBN 9780203015858	1
13	Children of the Philippines / Kinkade, Sheila., 1996. eISBN 9780585327792	1
14	Closer Than Brothers / McCoy, Alfred W., 1999. eISBN 9780585356563	1
15	Colorado’s Volunteer Infantry in the Philippine Wars, 1898-1899 / Hunt, Geoffrey, 2006. eISBN 9780826337023	1
16	Computable General Equilibrium Model for Environmental Policy Analysis / Stenberg, Luz Centeno, 2009. eISBN 9781617281174	1
17	Conquest and Pestilence in the Early Spanish Philippines: The Case of Deforestation in the Philippines / Newson, Linda A., 2009. eISBN 9781441620026	1
18	Counter-guerrilla Operations : The Philippine Experience / Valeriano, Napoleon D., 2006. eISBN 9780313390029	1
19	Crony Capitalism : Corruption and Development in South Korea and the Philippines / Kang, David C., 2002. eISBN 9780511041914	1
20	Cultures of Disaster : Society and Natural Hazards in the Philippines / Bankoff, Greg, 2003. eISBN 9780203221891	1
21	Developing Country Debt and Economic Performance. Volume 3, Country Studies–Indonesia, Korea, Philippines, Turkey / Sachs, Jeffrey, 1989. eISBN 9780226733210	1
22	Developing Towns and Cities: Lessons from Brazil and Philippines / Lee, Kyu Sik, 1999. eISBN 9780585261225	1
23	Diagnosing the Philippine Economy: Toward Inclusive Growth / Zhuang, Juzhong, 2009. eISBN 9781843318095	1
24	Doomed at the Start: American Pursuit Pilots in the Philippines, 1941-1942 / Bartsch, William H., 1992. eISBN 9780585180168	1
25	Dream Factories of a Former Colony: American Fantasies, Philippine Cinema / Capino, José B., 2010. eISBN 9780816674985	1
26	Economic Competitiveness of Philippines: Financials Returns, Labor Productivity and International Gaps / Parker, Philip M., 2006. eISBN 9781423792406	1
27	Economy of the Philippines: Elites, Inequalities and Economic Restructuring / Krinks, Peter A., 2002. eISBN 9780203169278	1
28	Empire’s Proxy: American Literature and U.S. Imperialism in the Philippines / Wesling, Meg, 2011. eISBN 9780814794784	1
29	Encyclopedia of the Spanish-American & Philippine-American Wars / Keenan, Jerry., 2001. eISBN 9781576075685	1
30	Encyclopedia of the Spanish-American and Philippine-American Wars : A Political, Social, and Military History / Tucker, Spencer, 2009. eISBN 9781851099528	1
31	Environmentally Friendly Building Products in Philippines: A Strategic Reference, 2007 / Parker, Philip M., 2007. eISBN 9781435600027	1
32	Fantasy-production: Sexual Economies and Other Philippine Consequences for the New World Order / Tadiar, Neferti Xina M., 2004. eISBN 9789882201293	1
33	Food of the World. Philippines & Singapore / Workman, Wade, 2009. eISBN 9789380075303	1
34	Gender Assessment of Selected E-business and Strategies in Asia: The Case Studies of Malaysia, the Philippines, the Republic of Korea and Thailand / Thas, Angela M. Kuga., 2007. eISBN 9781429497664	1
35	Generation Later: Household Strategies and Economic Change in the Rural Philippines / Eder, James F., 1999. eISBN 9780585238838	1
36	Globe Telecom: Succeeding in the Philippine Telecommunications Economy / LaBrie, Ryan C., 2003. eISBN 9780585433394	1
37	God’s Arbiters: Americans and the Philippines, 1898-1902 / Harris, Susan K., 2011. eISBN 9780199781072	1
38	Green Tiger: The Costs of Ecological Decline in the Philippines / Goldoftas, Barbara., 2006. eISBN 9780195350586	1
39	Hernando De Los Ríos Coronel and the Spanish Philippines in the Golden Age / Crossley, John N., 2011. eISBN 9781409425656	1
40	Historical Dictionary of the Philippines / Guillermo, Artemio R., 1997. eISBN 9780585245836	1
41	Household Responses to Poverty and Vulnerability. Vol. 3, Confronting Crisis in Commonwealth, Metro Manila, Philippines / Moser, Caroline O. N., 1997. eISBN 9780585362724	1
42	Huaqiao Warriors: Chinese Resistance Movement in the Philippines, 1942-45 / Yung Li, Yuk-wai, 1995. eISBN 9789882201804	1
43	In the Philippines and Okinawa: A Memoir, 1945-1948 / Triplet, William S., 2001. eISBN 9780826263322	1
44	Infectious Diseases of the Philippines / Berger, Stephen A., 2011. eISBN 9781617551635	1
45	Islamic Identity, Postcoloniality, and Educational Policy: Schooling and Ethno-religious Conflict in the Southern Philippines / Milligan, Jeffrey Ayala, 2005. eISBN 9781403981578	1
46	Landcare in the Philippines: A Practical Guide to Getting It Started and Keeping It Going / 2009. eISBN 9781921531569	1
47	Landscapes of Globalization: Human Geographies of Economic Change in the Philippines / Kelly, Philip F., 2000. eISBN 9780203170885	1
48	Language Planning in Malawi, Mozambique, and the Philippines / Kaplan, Robert B., 1999. eISBN 9780585199351	1
49	Language Policy and Modernity in Southeast Asia : Malaysia, the Philippines, Singapore, and Thailand / Rappa, Antonio L., 2006. eISBN 9780387321868	1
50	Liberation Theology in the Philippines : Faith in a Revolution / Nadeau, Kathleen M., 2002. eISBN 9780313075308	1
51	Looted: The Philippines After the Bases / Kirk, Donald, 1998. eISBN 9780312299873	1
52	MacArthur Highway & Other Relics of American Empire in the Philippines / McCallus, Joseph P., 2010. eISBN 9781597976046	1
53	Made in the Philippines: Gendered Discourses and the Making of Migrants / Tyner, James A., 2004. eISBN 9780203799895	1
54	Managing the Politics of Reform: Overhauling the Legal Infrastructure of Public Procurement in the Philippines / Campos, J. Edgardo, 2006. eISBN 9780821364369	1
55	Migrants for Export: How the Philippine State Brokers Labor to the World / Rodriguez, Robyn Magalit, 2010. eISBN 9780816673605	1
56	Mining and Natural Hazard Vulnerability in the Philippines: Digging to Development or Digging to Disaster? / Holden, William N., 2012. eISBN 9781843313960	1
57	Mixed Blessing : The Impact of the American Colonial Experience on Politics and Society in the Philippines / McFerson, Hazel M., 2002. eISBN 9780313075131	1
58	Musical Renderings of the Philippine Nation / Castro, Christi-Anne., 2011. eISBN 9780199876846	1
59	Muslim Rulers and Rebels : Everyday Politics and Armed Separatism in the Southern Philippines / McKenna, Thomas M., 1998. eISBN 9780520919648	1
60	Nongovernmental Organizations in Enviromental Struggles: Politics and Making Moral Capital in the Philippines / Bryant, Raymond L., 2005. eISBN 9780300132830	1
61	Old Catholic and Philippine Independent Ecclesiologies in History: The Catholic Church in Every Place / Smit, Peter-Ben, 2011. eISBN 9789004214989	1
62	On the Road to Tribal Extinction: Depopulation, Deculturation, and Adaptive Well-being Among the Batak of the Philippines / Eder, James F., 1992. eISBN 9780520912755	1
63	Philippine Economy: Development, Policies, and Challenges / Balisacan, A. M., 2003. eISBN 9780198036050	1
64	Philippine English : Linguistic and Literary Perspectives / Bautista, Maria Lourdes S., 2008. eISBN 9789888052639	1
65	Philippine Politics and Society in the Twentieth Century : Colonial Legacies, Post-colonial Trajectories / Hedman, Eva-Lotta E., 2000. eISBN 9780203992012	1
66	Philippine Security in the Age of Terror: National, Regional, and Global Challenges in the Post-9/11 World / Banlaoi, Rommel C., 2010. eISBN 9781439815519	1
67	Philippines / Mildenstein, Tammy, 2005. eISBN 9781438105475	1
68	Philippines / Italia, Bob, 2003. eISBN 9781616138004	1
69	Philippines / Zobel, Derek, 2012. eISBN 9781612115122	1
70	Philippines / Richardson, Jim, 1989. eISBN 9781576073223	1
71	Philippines / McElroy, Wendy., 2007. eISBN 9781433238277	1
72	Philippines Communications / 2011. eISBN 9781618404633	1
73	Philippines: A Global Studies Handbook / Woods, Damon L., 2006. eISBN 9781851096800	1
74	Philippines: From Crisis to Opportunity : Country Assistance Review / Zanini, Gianni, 1999. eISBN 9780585333007	1
75	Philippines: Mobilities, Identities, Globalization / Tyner, James A., 2009. eISBN 9780203892411	1
76	Philippines: Society & Culture / 2011. eISBN 9781618408716	1
77	Philippines: Travel Including Points of Interest / 2011. eISBN 9781618406378	1
78	Plundering Paradise : The Struggle for the Environment in the Philippines Broad, Robin, 1993. eISBN 9780520915480	1
79	Policing America’s Empire : The United States, the Philippines, and the Rise of the Surveillance State / McCoy, Alfred W., 2009. eISBN 9780299234133	1
80	Political Booms: Local Money and Power in Taiwan, East China, Thailand, and the Philippines / White, Lynn T., 2009. eISBN 9789812836830	1
81	Politicians and Economic Reform in New Democracies : Argentina and the Philippines in the 1990s / Eaton, Kent., 2002. eISBN 9780271030579	1
82	Politics of NGOs in South-East Asia: Participation and Protest in the Philippines / Clarke, Gerard, 1998. eISBN 9780203025468	1
83	Private Solutions for Infrastructure. Opportunities for the Philippines / 2000. eISBN 9780585424583	1
84	Raiding, Trading, and Feasting: The Political Economy of Philippine Chiefdoms / Junker, Laura Lee., 1999. eISBN 9780585334837	1
85	Redesigning Rice Photosynthesis to Increase Yield / Mitchell, P. L., 2000. eISBN 9780080540429	1
86	Republic of the Philippines and U.S. Relations / Voigt, Margaret R., 2010. eISBN 9781617287220	1
87	Rice Genetics and Cytogenetics / 1964. eISBN 9789812814302	1
88	Rice Genetics III: Proceedings of the Third International Rice Genetics Symposium, Manila, Philippines, 16-20 Oct 1995 / Khush, Gurdev S., 1996. eISBN 9789812814289	1
89	Rice Genetics IV: Proceedings of the Fourth International Rice Genetics Symposium, 22-27 October 2000, Los Baños (Philippines) / Khush, Gurdev S., 2001. eISBN 9789812814296	1
90	Rice Genetics V : Proceedings of the Fifth International Rice Genetics Symposium, the Philippines, 19-23 November 2005 / Brar, D. S., 2007. eISBN 9789812708816	1
91	Rice Village Saga: Three Decades of Green Revolution in the Philippines / 速水, 佑次郎, 2000. eISBN 9780230599185	1
92	Rough Guide to the Philippines / Dalton, David, 2011. eISBN 9781405381161	1
93	Selected Social Safety Net Programs in the Philippines: Targeting, Cost-effectiveness, and Options for Reform / Subbarao, K., 1996. eISBN 9780585222431	1
94	Skills for the Labor Market in the Philippines / Di Gropello, Emanuela, 2010. eISBN 9780821384961	1
95	Spanish-American War and Philippines Insurrection, 1898-1902: An Annotated Bibliography / Barnes, Mark, 2011. eISBN 9780203846827	1
96	Spotlight on the Philippines / Kalman, Bobbie, 2011. eISBN 9781427196866	1
97	Star-entangled Banner: One Hundred Years of America in the Philippines / Delmendo, Sharon, 2004. eISBN 9780813536477	1
98	State and Society in the Philippines / Abinales, P. N., 2005. eISBN 9780742568723	1
99	State Structure, Policy Formation, and Economic Development in Southeast Asia : The Political Economy of Thailand and the Philippines / Raquiza, Antoinette., 21012. eISBN 9781136505027	1
100	States, Ideologies, and Social Revolutions : A Comparative Analysis of Iran, Nicaragua, and the Philippines / Parsa, Misagh, 2000. eISBN 9780511017100	1
101	U.S. Imperialism and Revolution in the Philippines / San Juan, E., 2007. eISBN 9780230607033	1
102	Uncultural Behavior: An Anthropological Investigation of Suicide in the Southern Philippines / Macdonald, Charles J-H., 2007. eISBN 9781435666283	1
103	Unequal Alliance: The World Bank, the International Monetary Fund, and the Philippines / Broad, Robin., 1988. eISBN 9780520909977	1
104	Visualizing American Empire: Orientalism and Imperialism in the Philippines / Brody, David., 2010. eISBN 9780226075303	1
105	Why America Fights : Patriotism and War Propaganda from the Philippines to Iraq / Brewer, Susan A., 2009. eISBN 9780199700882	1
106	World Infopaedia: Philippines / 2007. eISBN 9781441637260	1

Lot 2	E-Books (Foreign)	QTY	Statement of Compliance
1	100 Most Influential Philosophers of All Time / Duignan, Brian, 2010. eISBN 978161530057.	1
2	150 Best Jobs for a Secure Future / Shatkin, Laurence, 2012. eISBN 9781593578909.	1
3	2600 Phrases for Setting Effective Performance Goals: Ready-to-use Phrases That Really Get Results / Falcone, Paul, 2012. eISBN 9780814417768.	1
4	30 Days to Social Media Success : The 30 Day Results Guide to Making the Most of Twitter, Blogging, LinkedIn, and Facebook / Martin, Gail, 2010.	1
5	42 Rules to Turn Prospects Into Customers: How to Build Profitable Relationships to Close More Sales and Drive More Business / Powell, Meridith Elliott, 2010. eISBN 9781607730835.	1
6	Ace Your Teacher Interview: 149 Fantastic Answers to Tough Interview Questions / Fredericks, Anthony D, 2012. eISBN 9781593579050.	1
7	Adaptive Control of Robot Manipulators: A Unified Regressor-free Approach / Huang, An-Chyau, 2010. eISBN 9789814307420.	1
8	Adaptive Motion Compensation in Radiotherapy / Murphy, Martin J., 2012. eISBN 9781439821947.	1
9	Adaptive Security Management Architecture / Tiller, James S., 2011. eISBN 9781420013375.	1
10	Advanced Analytics for Green and Sustainable Economic Development: Supply Chain Models and Financial Technologies / Luo, Zongwei, 2012. eISBN 9781613501573.	1
11	Ageing and Older Adult Mental Health: Issues and Implications for Practice / Coughlan, Barry J., 2011. eISBN 9781136708909.	1
12	Aging With HIV: A Gay Man’s Guide / Masten, James, 2011. eISBN 9780199781515.	1
13	AIDS Sourcebook: Basic Consumer Health Information About the HIV and AIDS, Including Facts About Its Origins, Stages… Judd, Sandra J., 2011. eISBN 9780780811911	1
14	Aircraft Electrical and Electronic Systems: Principles, Operation and Maintenance / Tooley, Michael H., 2009. eISBN 9780080942971	1
15	Alzheimer Disease Sourcebook: Basic Consumer Health Information About Alzheimer Disease and Other Forms of Dementia, Including… Sutton, Amy L., 2011. eISBN 9780780811942	1
16	Ancient Egypt and the Near East : An Illustrated History / 2011. eISBN 9780761499572	1
17	Antibiotics and Antiseptics in Periodontal Therapy / Dumitrescu, Alexandrina L., 2011. eISBN 9783642132117	1
18	Arc of Empire : America’s Wars in Asia From the Philippines to Vietnam / Hunt, Michael H, 2012. eISBN 9780807882566.	1
19	Architecture of Network Systems / Serpanos, Dimitrios Nikolaou, 2011. eISBN 9780080922829.	1
20	Autism Spectrum Disorder / Lubetsky, Martin J., 2011. eISBN 9780199842513.	1
21	Bacterial Meningitis : Global Status / Berger, Stephen A., 2011. eISBN 9781617553455.	1
22	Bacterial Skin Diseases : Global Status / Berger, Stephen A., 2011. eISBN 9781617553035.	1
23	Bacterial Vaginosis : Global Status / Berger, Stephen A., 2011. eISBN 9781617552502	1
24	Basics of Anesthesia / Miller, Ronald D., 2011. eISBN 9781437703658	1
25	Brain, Body, and Mind: Neuroethics With a Human Face / Glannon, Walter, 2011. eISBN 9780199875894	1
26	Bringing Schools Into the 21st Century / Gut, Dianne Marie, 2011. eISBN 9789400702684	1
27	Bullying and Harassment in the Workplace : Developments in Theory, Research, and Practice / Einarsen, Ståle, 2011. eISBN 9781439804902	1
28	Bullying in Different Contexts / Monks, Claire P., 2011. eISBN 9780511860829	1
29	Business and Sustainability : Concepts, Strategies and Changes / Perry, Martin, 2011. eISBN 9781780524399	1
30	Business in the Cloud: What Every Business Needs to Know About Cloud Computing / Hugos, Michael H., 2011. eISBN 9780470917022	1
31	Bust: Greece, the Euro, and the Sovereign Debt Crisis / Lynn, Matthew, 2011. eISBN 9781119994411	1
32	Career As a Home Health Aide: Rapidly Expanding Healthcare Career With Minimal Education Requirements / 2010. eISBN 9781441640727	1
33	Catastrophic Disaster Planning and Response / Oliver, Clifford, 2011. eISBN 9781439841754	1
34	Cholera: Global Status / Berger, Stephen A., 2011. eISBN 9781617552724	1
35	Classical Literature: An Introduction / Hyde, Roy., 2011. eISBN 9780203818503	1
36	Cleopatra: A Biography / Roller, Duane W.. 2010. eISBN 9780199711000	1
37	Clinical Textbook of Dental Hygiene and Therapy / Noble, Suzanne, 2012. eISBN 9781118362631	1
38	Cloud Computing: Implementation, Management, and Security / Rittinghouse, John W., 2010. eISBN 9781439806814	1
39	Coaching and Mentoring Supervision: Theory and Practice / Clutterbuck, David, 2011. eISBN 9780335242993	1
40	Coaching Emotional Intelligence in the Classroom : A Practical Guide for 7-14 / Bowkett, Stephen, 2011. eISBN 9780203833377	1
41	Collaborative Public Manager: New Ideas for the Twenty-first Century / Oapos;Leary, Rosemary, 2009. eISBN 9781589015852	1
42	Combat Stress Injury : Theory, Research, and Management / Nash, William P., 2011. eISBN 9780203943694	1
43	Comics, Manga, and Graphic Novels: A History of Graphic Narratives / Petersen, Robert S., 2011. eISBN 9780313363313	1
44	Community Disaster Recovery and Resiliency: Exploring Global Opportunities and Challenges / Rivera, Jason David, 2011. eISBN 9781420088236	1
45	Complete Guide to Portfolio Construction and Management / Snopek, Lukasz, 2012. eISBN 9781119953043	1
46	Concise Encyclopedia of Sociology / Ryan, J. Michael, 2011. eISBN 9781444392630	1
47	Confessions of an Event Planner : Case Studies From the Real World of Events: How to Handle … Allen, Judy, 2009. eISBN 9780470737552	1
48	Connecting with Your Asperger Partner: Negotiating the Maze of Intimacy / Weston, Louise, 2010. eISBN 9780857002860	1
49	Coping With Choices to Die / Prado, C. G, 2011. eISBN 9780511909924	1
50	Corporate Management in a Knowledge-based Economy / Zanda, Gianfranco, 2012. eISBN 9780230355453	1
51	Counseling and Psychotherapy Theories in Context and Practice / Sommers-Flanagan, John, 2012. eISBN 9781118289037	1
52	Counseling Older Adults / Blando, John., 2011. eISBN 9780203893401	1
53	Creative Close-ups: Digital Photography Tips & Techniques / Davis, Harold, 2010. eISBN 9780470591178	1
54	Critical Pedagogy and Cognition: An Introduction to a Postformal Educational Psychology / Malott, Curry, 2011. eISBN 9789400706309	1
55	Critical Thinking and Writing for Nursing Students / Price, Bob, 2010. eISBN 9780857255877	1
56	Customer-centric Knowledge Management: Concepts and Applications / Al-Shammari, Minwir, 2012. eISBN 9781613500903	1
57	Cyberculture and New Media / Ricardo, Francisco J., 2009. eISBN 9781441601094	1
58	Dementia / McNamara, Patrick, 2011. eISBN 9780313384356	1
59	Design and Equipment for Restaurants and Foodservice : A Management View / Katsigris, Costas., 2009. eISBN 9780470289822	1
60	Design to Thrive: Creating Social Networks and Online Communities That Last / Howard, Tharon W., 2010. eISBN 9780080957203	1
61	Developer’s Guide to the Semantic Web / Yu, Liyang, 2011. eISBN 9783642159701	1
62	Diabetes Sourcebook: Basic Consumer Health Information About Type 1 and Type 2 Diabetes, … Judd, Sandra J., 2011. eISBN 9780780812024	1
63	Diabetic Emergencies: Diagnosis and Clinical Management / Katsilambros, Nicholas, 2011. eISBN 9781119971795	1
64	Digital Material : Tracing New Media in Everyday Life and Technology / Boomen, Marianne van den., 2009. eISBN 9789048506668	1
65	Distress Tolerance : Theory, Research, and Clinical Applications / Zvolensky, Michael J., 2011. eISBN 9781609180393	1
66	Dynamics of Information Systems : Theory and Applications / Hirsch, Michael J., 2010. eISBN 9781441956897	1
67	E-healthcare Systems and Wireless Communications: Current and Future Challenges / Watfa, Mohamed, 2012. eISBN 9781613501245	1
68	Economic, Social and Political Elements of Climate Change / Leal Filho, Walter, 2011. eISBN 9783642147760	1
69	Electronic Medical Records: A Practical Guide for Primary Care / Skolnik, Neil S., 2011. eISBN 9781607616061	1
70	Emergency Care of Minor Trauma in Children: A Practical Handbook / Davies, Ffion C. W., 2011. eISBN 9781444149555	1
71	Emergent Web Intelligence: Advanced Information Retrieval / Chbeir, Richard, 2010. eISBN 9781849960748	1
72	Empires at War: A Short History of Modern Asia Since World War II / Pike, Francis, 2010. eISBN 9781441657442	1
73	Employee Benefits Answer Book: An Indispensable Guide for Managers and Business Owners / Mazin, Rebecca A., 2011. eISBN 9780470912423	1
74	Encountering Development : The Making and Unmaking of the Third World / Escobar, Arturo, 2012. eISBN 9781400839926	1
75	Encyclopaedia of Disaster Management, Syed / M. H., 2009. eISBN 9781441662095	1
76	Encyclopedia of Arthritis / Taylor, Guy., 2011. eISBN 9781438133058	1
77	Epilepsy / Bazil, Carl W., 2011. eISBN 9780199876785	1
78	European Identity and the Second World War / Wintle, Michael J., 2011. eISBN 9780230306943	1
79	Everything Guide to Starting and Running a Restaurant: The Ultimate Resource for Starting a Successful Restaurant! / Lee, Ronald, 2011. eISBN 9781440527845	1
80	Everything HR Kit: A Complete Guide to Attracting, Retaining & Motivating High-performance Employees / Putzier, John, 2011. eISBN 9780814416105	1
81	Examination of the Newborn / Lomax, Anne, 2011. eISBN 9781444341898	1
82	Expert Resumes for Managers and Executives / Enelow, Wendy S., 2012. eISBN 9781593578862	1
83	Faith No More : Why People Reject Religion / Zuckerman, Phil., 2012. eISBN 9780199876495	1
84	First Ladies: From Martha Washington to Mamie Eisenhower, an Intimate Portrait of the Women Who Shaped America / Schwartz Foster, Feather, 2011. eISBN 9781402242847	1
85	First Maya Civilization : Ritual and Power Before the Classic Period / Estrada Belli, Francisco, 2011. eISBN 9780203839133	1
86	Five Futures Glasses: How to See and Understand More of the Future With the Eltville Model / Mićić, Pero., 2010. eISBN 9780230275317	1
87	Food Services / Tomkies, Kelly Kagamas, 2010. eISBN 9781438132051	1
88	Forms of Community Participation in Disaster Risk Management Practices / Osti, R., 2011. eISBN 9781611227000	1
89	Fundamentals of Landscape Architecture / Waterman, Tim, 2009. eISBN 9782940439232	1
90	Future Minds : How the Digital Age Is Changing Our Minds, Why This Matters, and What We Can Do About It / Watson, Richard, 2010. eISBN 9781857884586	1
91	Geometry of Strategy: Concepts for Strategic Management / Keidel, Robert W., 2010. eISBN 9780203881019	1
92	Global Business Etiquette: A Guide to International Communication and Customs / Martin, Jeanette S., 2012. eISBN 9780313397189	1
93	Global Financial Crisis: Triggers, Responses and Aftermath / Ciro, Tony., 2012. eISBN 9781409411406	1
94	Globalization and Technocapitalism: The Political Economy of Corporate Power and Technological Domination / Suarez-Villa, Luis, 2012. eISBN 9781409439165	1
95	Gnostics: Myth, Ritual, and Diversity in Early Christianity / Brakke, David, 2010. eISBN 9780674058897	1
96	Government Budgeting and Financial Management in Practice: Logics to Make Sense of Ambiguity / Miller, Gerald, 2012. eISBN 9781420018158	1
97	Green Entrepreneur Handbook : The Guide to Building and Growing a Green and Clean Business / Koester, Eric, 2011. eISBN 9781439817315	1
98	Handbook of Art Therapy / Malchiodi, Cathy A., 2012. eISBN 9781609189761	1
99	Handbook of Budgeting / Lalli, William Rea, 2012. eISBN 9781118170595	1
100	Harvesting Intangible Assets : Uncover Hidden Revenue in Your Company’s Intellectual Property / Sherman, Andrew J., 2012. eISBN 9780814417003	1
101	Hepatitis D, E and G : Global Status / Berger, Stephen A., 2011. eISBN 9781617553196	1
102	Herpes Simplex: Global Status / Berger, Stephen A., 2011. eISBN 9781617553202	1
103	History of Chemical and Biological Weapons / Spiers, Edward M., 2010. eISBN 9781861897244	1
104	History of Communications: Media and Society from the Evolution of Speech to the Internet / Poe, Marshall., 2011. eISBN 9780511992896	1
105	Hospitality Strategic Management: Concepts and Cases / Enz, Cathy A., 2010. eISBN 9780470399286	1
106	Human Behavior in the Social Environment / Rogers, Anissa, 2010. eISBN 9780203868867	1
107	Human Resources or Human Capital?: Managing People As Assets / Mayo, Andrew., 2012. eISBN 9781409422860	1
108	Hypertension and Stroke : Pathophysiology and Management / Aiyagari, Venkatesh, 2011. eISBN 9781607610106	1
109	Illustrated Guide to Infection Control / Motacki, Kathleen, 2011. eISBN 9780826105615	1
110	Implant Dentistry at a Glance / Malet, Jacques, 2012. eISBN 9781444398380	1
111	Information Skills for Nursing Students / Hutchfield, Kay, 2010. eISBN 9781844457472	1
112	Innovative Knowledge Management: Concepts for Organizational Creativity and Collaborative Design / Eardley, Alan, 2011. eISBN 9781605667027	1
113	Integrated Clinical Orthodontics / Davidovitch, Zeev., 2012. eISBN 9781444398601	1
114	Intermediate Robot Building / Cook, David, 2010. eISBN 9781430227557	1
115	Interpreting Ancient Figurines: Context, Comparison, and Prehistoric Art / Lesure, Richard G., 2011. eISBN 9780511992919	1
116	Introduction to Nineteenth Century Art / Facos, Michelle, 2011. eISBN 9780203833070	1
117	Introduction to Psycholinguistics : Understanding Language Science / Traxler, Matthew J., 2012. eISBN 9781444344325	1
118	Introduction to Public Health / Goldsteen, Raymond L., 2011. eISBN 9780826141538	1
119	Inventing Africa: History, Archaeology and Ideas / Derricourt, Robin M., 2011. eISBN 9781849645836	1
120	Islamic Finance and Law : Theory and Practice in a Globalized World / Balala, Maha-Hanaan, 2011. eISBN 9780857719058	1
121	Jesus Beyond Christianity : The Classic Texts / Barker, Gregory A., 2010. eISBN 9780191573002	1
122	Key Issues in E-learning: Research and Practice / Pachler, Norbert, 2011. eISBN 9781441145246	1
123	Killer Photos With Your Iphone / Bamberg, Matthew, 2011. eISBN 9781435456907	1
124	Lead with Purpose : Giving Your Organization a Reason to Believe in Itself / Baldoni, John, 2012. eISBN 9780814417393	1
125	Leadership Rules : 50 Timeless Lessons for Leaders / Owen, Jo., 2011. eISBN 9780857082442	1
126	Lean for the Public Sector: The Pursuit of Perfection in Government Services / Teeuwen, Bert, 2011. eISBN 9781439840245	1
127	Localization Strategies for Global E-business / Singh, Nitish, 2012. eISBN 9781139206440	1
128	Lubrication and Maintenance of Industrial Machinery : Best Practices and Reliability / Gresham, Robert M., 2009. eISBN 9781420089363	1
129	Ma Notes: Medical Assistant’s Pocket Guide / Brassington, Cindi, 2011. eISBN 9780803627468	1
130	Making of Modern South Africa : Conquest, Apartheid, Democracy / Worden, Nigel, 2012. eISBN 9781444355406	1
131	Malaria : Global Status / Berger, Stephen A., 2011. eISBN 9781617553400	1
132	Managing Electronic Media: Making, Marketing, and Moving Digital Content / Van Tassel, Joan M., 2010. eISBN 9780080927800	1
133	Managing People and Organizations : Peter Drucker’s Legacy / Stein, Guido, 2010. eISBN 9780857240330	1
134	Managing Salespeople: A Business Owner’s Guide / Gerber, Philip A., 2010. eISBN 9781600051821	1
135	Medical Language Instant Translator / Chabner, Davi-Ellen, 2011. eISBN 9781437705638	1
136	Morality, Leadership, and Public Policy : On Experimentalism in Ethics / Weber, Eric Thomas, 2011. eISBN 9781441174185	1
137	Multitasking Mind / Salvucci, Dario D., 2011. eISBN 9780199780396	1
138	Networking All-in-one for Dummies / Lowe, Doug, 2011. eISBN 9780470904718	1
139	New Leader’s 100-day Action Plan: How to Take Charge, Build Your Team, and Get Immediate Results / Bradt, George B., 2011. eISBN 9781118121474	1
140	Nutrition for Foodservice and Culinary Professionals / Drummond, Karen Eich., 2010. eISBN 9780470405741	1
141	On Strategic Leadership / Rush, Stephen, 2012. eISBN 9781604911138	1
142	Online and Social Networking Communities: A Best Practice Guide for Educators / Kear, Karen Lesley, 2011. eISBN 9780203842737	1
143	Parasomnias and Other Sleep-related Movement Disorders / Thorpy, Michael J., 2010. eISBN 9780511712647	1
144	Peer Power : Transforming Workplace Relationships / Clay, Cynthia, 2012. eISBN 9781118228500	1
145	Perception and Knowledge : A Phenomenological Account / 2011. eISBN 9781139078344	1
146	Politics of Imagining Asia / Wang, Hui., 2011. eISBN 9780674061354	1
147	Popular Controversies in World History : Investigating History’s Intriguing Questions / Danver, Steven Laurence, 2011. eISBN 9781598840780	1
148	Portfolio Theorists: Von Neumann, Savage, Arrow and Markowitz / Read, Colin, 2012. eISBN 9780230362307	1
149	Practitioner Handbook on Evaluation / Stockmann, Reinhard, 2011. eISBN 9781849808026	1
150	Pragmatic Modernism / Schoenbach, Lisi, 2012. eISBN 9780199909384	1
151	Prehistory of Asia Minor: From Complex Hunter-gatherers to Early Urban Societies / Düring, Bleda S., 2011. eISBN 9780511860393	1
152	Primary Curriculum Design Handbook : Preparing Our Children for the 21st Century / Male, Brian., 2012. eISBN 9781441172600	1
153	Professional Flash Mobile Development: Creating Android and Iphone Applications / Wagner, Richard, 2011. eISBN 9781118037331	1
154	Professional Web Design: Techniques and Templates / Eccher, Clint., 2011. eISBN 9781435457164	1
155	Project Management ROI : A Step-by-step Guide for Measuring the Impact and ROI for Projects / Phillips, Jack J., 2012. eISBN 9781118122686	1
156	Psychology in Social Context: Issues and Debates / Tyson, Philip John, 2011. eISBN 9781444396225	1
157	Public Administration: Traditions of Inquiry and Philosophies of Knowledge / Riccucci, Norma., 2010. eISBN 9781589016170	1
158	Public Management in the Postmodern Era : Challenges and Prospects / Fenwick, John., 2010. eISBN 9781849808873	1
159	Public-private Partnerships : Costs, Benefits, and Efficiencies / Perl, Stephen W., 2010. eISBN 9781617611537	1
160	Quantitative Business Valuation: A Mathematical Approach for Today’s Professionals / Abrams, Jay B., 2010. eISBN 9780470594490	1
161	Quick Brainstorming Activities for Busy Managers : 50 Exercises to Spark Your Team’s Creativity … / MILLER, Brian Cole, 2012. eISBN 9780814417935	1
162	Quintessence of Strategic Management: What You Really Need to Know to Survive in Business / Kotler, Philip., 2010. eISBN 9783642145445	1
163	Rainmaking Conversations: Influence, Persuade, and Sell in Any Situation / Schultz, Mike, 2011. eISBN 9781118025758	1
164	Real Estate / Riley, Rowan., 2010. eISBN 9781438134161	1
165	Real Retouching : A Professional Step-by-step Guide / Beene, Carrie, 2011. eISBN 9780240814186	1
166	Rebuilding Trust in the Workplace: Seven Steps to Renew Confidence, Commitment, and Energy / Reina, Dennis S., 2010. eISBN 9781605093741	1
167	Recovery From Stuttering / Howell, Peter, 2011. eISBN 9780203847404	1
168	Robot Behaviour: Design, Description, Analysis and Modelling / Nehmzow, Ulrich., 2009. eISBN 9781848003972	1
169	Robot Vision: Strategies, Algorithms and Motion Planning / Itô, Daiki, 2009. eISBN 9781616689810	1
170	Robot-age Knowledge Changeover / Michelini, Rinaldo C., 2009. eISBN 9781608763900	1
171	Robotics / Bajd, Tadej, 2010. eISBN 9789048137763	1
172	Robotics for Electronics Manufacturing: Principles and Applications in Cleanroom Automation / Mathia, Karl, 2010. eISBN 9780511712975	1
173	Routledge Companion to Philosophy and Music / Kania, Andrew., 2011. eISBN 9780203830376	1
174	Sell Yourself: A Practical Guide to Personal Branding and Presentation-based Interviews / Kramer, Eric P., 2012. eISBN 9781435459755	1
175	September 12 : Community and Neighborhood Recovery at Ground Zero / Smithsimon, Gregory, 2011. eISBN 9780814771129	1
176	Short History of Atheism / Hyman, Gavin, 2010. eISBN 9781441681331	1
177	Social Equity and Public Administration : Origins, Developments, and Applications / Frederickson, H. George., 2010. eISBN 9780765624734	1
178	Social Work Education and Training / Lishman, Joyce, 2011. eISBN 9780857002624	1
179	Socialnomics: How Social Media Transforms the Way We Live and Do Business / Qualman, Erik, 2011. eISBN 9780470901205	1
180	Sociology Reference Guide. The Concepts of Family Dynamic / 2011. eISBN 9781429834865	1
181	Speech Disorders : Causes, Treatment and Social Effects / Harrison, Alan E., 2010. eISBN 9781617619168	1
182	Strategic Planning : A Practical Guide to Strategy Formulation and Execution / Simerson, Byron K., 2011. eISBN 9780313384813	1
183	Strategy by Design : A Process of Strategy Innovation / Carlopio, James., 2010. eISBN 9780230105263	1
184	Strategy Driven Talent Management: A Leadership Imperative / Dowell, Ben E., 2010. eISBN 9780470540022	1
185	Strategy Making in a Crisis: From Analysis to Imagination / Gibbert, Michael., 2010. eISBN 9781849805261	1
186	Stress-related Disorders Sourcebook: Basic Consumer Health Information About Stress and Stress-related Disorders, … / Sutton, Amy L., 2011. eISBN 9780780812109	1
187	Theories of Performance: Organizational and Service Improvement in the Public Domain / Talbot, Colin., 2010. eISBN 9780191591471	1
188	Thoracic Imaging: Case Review / Boiselle, Phillip M., 2011. eISBN 9780323086332	1
189	Transitions to Early Care and Education : International Perspectives on Making Schools Ready for Young Children / Jalongo, Mary Renck, 2011. eISBN 9789400705739	1
190	Trauma: A Comprehensive Emergency Medicine Approach / Shockley, Lee W., 2011. eISBN 9781139144742	1
191	Treasury Management : The Practitioner’s Guide / Bragg, Steven M., 2010. eISBN 9780470591185	1
192	Treatment of Drinking Problems : A Guide for the Helping Professions / Marshall, E. Jane., 2010. eISBN 9780511909535	1
193	Understanding Digital Humanities / Berry, David M., 2012. eISBN 9780230371934	1
194	Unlocking E-government Potential: Concepts, Cases and Practical Insights / Bhatnagar, Subhash C., 2009. eISBN 9788132102489	1
195	Ventricular Fibrillation and Acute Coronary Syndrome / Mandell, Joyce E., 2011. eISBN 9781617611674	1
196	Visual Research Methods: In the Social Sciences / Spencer, Stephen, 2011. eISBN 9780203883860	1
197	Wedding Videography : Start to Finish / Silber, Joanna., 2011. eISBN 9781435455900	1
198	What Is Global Leadership? : 10 Key Behaviors That Define Great Global Leaders / Cvitkovich, Karen, 2011. eISBN 9781857884692	1
199	What School Leaders Need to Know About Digital Technologies and Social Media / McLeod, Scott, 2012. eISBN 9781118116708	1
200	Working With Adults At Risk From Harm / Greenfields, Margaret, 2011. eISBN 780335241248	1

Section VIII. Bidding Forms

Notes on the Bidding Forms The Bidder shall complete and submit with its Bid the Bid Form and Price Schedules in accordance with ITB Clause 15 with the requirements of the Bidding Documents and the format set out in this Section. When requested in the BDS, the Bidder should provide the Bid Security, either in the form included hereafter or in another form acceptable to the Entity, pursuant to ITB Clause 18.1. The Contract Agreement Form, when it is finalized at the time of contract award, should incorporate any corrections or modifications to the accepted Bid resulting from price corrections. The Price Schedule and Schedule of Requirements deemed to form part of the contract should be modified accordingly. The Performance Security Form and Bank Guarantee Form for Advance Payment should not be completed by the Bidders at the time of their Bid preparation. Only the successful Bidder will be required to provide performance security and bank guarantee for advance payment in accordance with one of the forms indicated herein or in another form acceptable to the Procuring Entity and pursuant to GCC Clause 13 and its corresponding SCC provision. The sworn affidavit must be completed by all Bidders in accordance with ITB Clause 4.2 failure to do so and submit it with the bid shall result in the rejection of the bid and the Bidder’s disqualification.

TABLE OF CONTENTS

Bid Form.. 74

Contract Agreement Form.. 78

Omnibus Sworn Statement. 79

Bank Guarantee Form for Advance Payment. 81

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.

For Goods Offered From Abroad

Name of Bidder __________________ Invitation to Bid Number __________. Page___________ of.

1	2	3	4	5	6	7	8	9	10
Item	Description	Country of origin	Quantity	Unit price exw per item	Cost of local labor, raw material, and component²	Total price exw per item (cols. 4 x 5)	Unit prices per item final destination and unit price of other incidental services	Sales and other taxes payable per item if Contract is awarded	Total Price delivered Final Destination (col 8 + 9) x 4

For Goods Offered From Within the Philippines

Name of Bidder . Invitation to Bid[1] Number . Page of .

1	2	3	4	5	6	7	8	9	10
Item	Description	Country of origin	Quantity	Unit price exw per item	Cost of local labor, raw material, and component²	Total price exw per item (cols. 4 x 5)	Unit prices per item final destination and unit price of other incidental services	Sales and other taxes payable per item if Contract is awarded	Total Price delivered Final Destination (col 8 + 9) x 4

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;

(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).

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:

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];

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)];

[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;

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;

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

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;

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

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

Carefully examine all of the Bidding Documents;

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

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

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]

ITEM	DESCRIPTION	QTY	UNIT	UNIT COST (Inclusive of VAT)
Lot 1	(Filipiniana EBooks) ABC = $8,857.21	QTY

Item	Description	QTY	UNIT	UNIT COST (Inclusive of VAT)
Lot 2	Foreign EBooks ABC = $16,210.57

Contractor:

Failed