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Procurement of
Male Condom
IB No. 2021-107
Government of the Republic of the Philippines
Sixth Edition
July 2020
Table of Contents
2
Glossary of Acronyms, Terms, and
Abbreviations
ABC – Approved Budget for the Contract.
Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016
revised IRR, Section 5[e])
Consulting Services – Refer to services for Infrastructure Projects and other types of projects
or activities of the GOP requiring adequate external technical and professional expertise that
are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:
(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical services
or special studies. (2016 revised IRR, Section 5[i])
Contract – Refers to the agreement entered into between the Procuring Entity and the Supplier
or Manufacturer or Distributor or Service Provider for procurement of Goods and Services;
Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for
Procurement of Consulting Services; as the case may be, as recorded in the Contract Form
signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.
DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”
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DTI – Department of Trade and Industry.
EXW – Ex works.
Goods – Refer to all items, supplies, materials and general support services, except Consulting
Services and Infrastructure Projects, which may be needed in the transaction of public
businesses or in the pursuit of any government undertaking, project or activity, whether in the
nature of equipment, furniture, stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services such as the repair and maintenance of
equipment and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by the Procuring
Entity for such services. The term “related” or “analogous services” shall include, but is not
limited to, lease or purchase of office space, media advertisements, health maintenance
services, and other services essential to the operation of the Procuring Entity. (2016 revised
IRR, Section 5[r])
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buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])
Supplier – refers to a citizen, or any corporate body or commercial company duly organized
and registered under the laws where it is established, habitually established in business and
engaged in the manufacture or sale of the merchandise or performance of the general services
covered by his bid. (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019). Supplier
as used in these Bidding Documents may likewise refer to a distributor, manufacturer,
contractor, or consultant.
UN – United Nations.
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Section I. Invitation to Bid
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Republic of the Philippines
Department of Health
CENTRAL OFFICE BIDS AND AWARDS COMMITTEE
2. The DOH now invites bids for the procurement of the above-captioned project. Delivery of the
Goods is required within the period specified under SECTION VI. Schedule of Requirements.
Bidders should have completed, within two (2) years from the date of submission and receipt of
bids, a contract similar to the Project, equivalent to at least twenty-five percent (25%) of the
ABC. The description of an eligible bidder is contained in the Bidding Documents, particularly,
in Section II. Instructions to Bidders.
3. Bidding will be conducted through open competitive bidding procedures using a non-
discretionary “pass/fail” criterion as specified in the 2016 revised Implementing Rules and
Regulations (IRR) of Republic Act (RA) No. 9184.
4. Prospective bidders may obtain further information from the COBAC Secretariat, G/F, Bldg. 6,
Department of Health, San Lazaro Compound and inspect the Bidding Documents at the address
given above during 8:00 AM – 5:00 PM, Monday to Friday.
It may also be downloaded free of charge from the website of the Philippine Government
Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided
that Bidders shall pay the applicable fee for the Bidding Documents not later than the submission
of their bids.
6. The DOH will hold a Pre-Bid Conference on 26 January 2021; 10:00 AM at the COBAC
Conference Room, Ground Floor, Bldg. 6, Department of Health, Sta. Cruz, Manila, and/or
through video conferencing or webcasting via Cisco Webex, which shall be open to prospective
bidders. Interested bidders may contact the COBAC-D Secretariat at this electronic mail (e-mail)
address, [email protected] for details.
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7. Bids must be duly received by the COBAC–D Secretariat through either (i) manual submission
at the office address indicated below, (ii) online or electronic submission as indicated below,
or (iii) both on or before 09 February 2021, 9:00 AM. Late bids shall not be accepted.
8. All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount
stated in ITB Clause 14.
9. Bid opening shall be on 09 February 2021, 9:00 AM at the given address below and or via Cisco
Webex. Bids will be opened in the presence of the bidders’ representatives who choose to attend
the activity.
iv. For electronic bid submission, the passwords for accessing the Bidding
Documents will be disclosed by the Bidders only during the actual bid
opening which may be done in person or face-to-face through
videoconferencing, webcasting or similar technology. (GPPB Resolution
No. 09-2020 and Section 29 of the 2016 IRR of RA 9184)
Note:
The BAC shall open the bid envelopes using a non-discretionary “pass/fail” criterion. In case
of electronic bid submission, Bidding Documents not in compressed archive folders and are
not password protected, shall be rejected. However, bid envelopes that are not properly
sealed and marked or not properly compressed and password-protected, as required in the
Bidding Documents, shall be accepted, provided that the bidder or its duly authorized
representative shall acknowledge such condition of the bid as submitted. The BAC shall
assume no responsibility for the misplacement of the contents of the improperly sealed or
marked bid, or improperly compressed or password-protected folder, or for its premature
opening. (GPPB Resolution No. 09-2020 and Section 25.9 of the 2016 IRR of RA 9184)
Further, once the GCQ is lifted or the Bidder is determined as the Single/Lowest
Calculated and Responsive Bid, whichever comes first, the Bidder shall submit three
(3) sets of printed copies of the eligibility documents, certified as such by the bidder or
his duly authorized representative.
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11. The DOH reserves the right to reject any and all bids, declare a failure of bidding, or not award
the contract at any time prior to contract award in accordance with Sections 35.6 and 41 of RA
9184 and its IRR, without thereby incurring any liability to the affected bidder or bidders.
COBAC – D Secretariat
Department of Health
San Lazaro Compound
Sta. Cruz, Manila
Tel. Nos. 8651-7800 local 1624 to 1627; 1650 to 52
Facsimile No.: 8741-9775; 8740-6830
Official email address: [email protected]
___________________________________________
LILIBETH C. DAVID, MD, MPH, MPM, CESO I
Undersecretary of Health
Chairperson, COBAC-D
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Section II. Instructions to Bidders
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1. Scope of Bid
The Procuring Entity, DOH wishes to receive Bids for the Procurement of Male
Condom with identification number IB No. 2021-107.
2. Funding Information
2.1. The GOP through the source of funding as indicated below for [2021] in the
amount of Seven Million Eight Hundred Ninety-Four Thousand Eight Hundred
Philippine Pesos (PhP7,894,800.00).
3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184 and
its 2016 revised IRR, including its Generic Procurement Manuals and associated
policies, rules and regulations as the primary source thereof, while the herein clauses
shall serve as the secondary source thereof.
Any amendments made to the IRR and other GPPB issuances shall be applicable only
to the ongoing posting, advertisement, or IB by the BAC through the issuance of a
supplemental or bid bulletin.
The Bidder, by the act of submitting its Bid, shall be deemed to have verified and
accepted the general requirements of this Project, including other factors that may affect
the cost, duration and execution or implementation of the contract, project, or work and
examine all instructions, forms, terms, and project requirements in the Bidding
Documents.
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5. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable
will be evaluated.
5.2. Foreign bidders may be eligible to participate when any of the following
circumstances exist:
iii. When the Goods sought to be procured are not available from
local suppliers; or
5.3. Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No.9184, the Bidder
shall have an SLCC that is at least one (1) contract similar to the Project the
value of which, adjusted to current prices using the PSA’s CPI, must be at least
equivalent to:
5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the
2016 IRR of RA No. 9184.
6. Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a decision
of the UN Security Council taken under Chapter VII of the Charter of the UN, subject
to Domestic Preference requirements under ITB Clause 18.
7. Subcontracts
7.1. The Bidder may subcontract portions of the Project to the extent allowed by the
Procuring Entity as stated herein, but in no case more than twenty percent (20%)
of the Project.
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The Procuring Entity has prescribed that:
7.2. Subcontracting of any portion of the Project does not relieve the Supplier of any
liability or obligation under the 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.
8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time and either at its physical address COBAC Conference Room, Ground
Floor, Bldg. 6, Department of Health, Sta. Cruz, Manila, and/or through video
conferencing or webcasting via Cisco Webex, which shall be open to prospective bidders
as indicated in paragraph 6 of the IB.
10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been completed
within [two (2) years] prior to the deadline for the submission and receipt of
bids.
10.3. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must
be accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent
office having jurisdiction over the foreign bidder’s affairs in the Philippines.
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11. Documents comprising the Bid: Financial Component
11.1. The second bid envelope shall contain the financial documents for the Bid as
specified in Section VIII (Checklist of Technical and Financial Documents).
11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.
ii. The cost of all customs duties and sales and other taxes already
paid or payable;
i. Unless otherwise stated in the BDS, the price of the Goods shall
be quoted delivered duty paid (DDP) with the place of destination
in the Philippines as specified in the BDS. In quoting the price, the
Bidder shall be free to use transportation through carriers
registered in any eligible country. Similarly, the Bidder may obtain
insurance services from any eligible source country.
a. Philippine Pesos.
14.1. The Bidder shall submit a Bid Securing Declaration2 or any form of Bid Security
in the amount indicated in the BDS, which shall be not less than the percentage
of the ABC in accordance with the schedule in the BDS.
14.2. The Bid and bid security shall be valid until One Hundred Twenty Calendar
Days. Any Bid not accompanied by an acceptable bid security shall be rejected
by the Procuring Entity as non-responsive.
The Procuring Entity may request additional hard copies and/or electronic copies of the
Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.
If the Procuring Entity allows the submission of bids through online submission or any
other electronic means, the Bidder shall submit an electronic copy of its Bid, which
must be digitally signed. An electronic copy that cannot be opened or is corrupted shall
be considered non-responsive and, thus, automatically disqualified.
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16. Deadline for Submission of Bids
16.1. The Bidders shall submit on the specified date and time and either at its physical
address or through online submission as indicated in paragraph 7 of the IB.
17.1. The BAC shall open the Bids in public at the time, on the date, and at the place
specified in paragraph 9 of the IB. The Bidders’ representatives who are present
shall sign a register evidencing their attendance. In case videoconferencing,
webcasting or other similar technologies will be used, attendance of participants
shall likewise be recorded by the BAC Secretariat.
In case the Bids cannot be opened as scheduled due to justifiable reasons, the
rescheduling requirements under Section 29 of the 2016 revised IRR of RA No.
9184 shall prevail.
19.2. If the Project allows partial bids, bidders may submit a proposal on any of the
lots or items, and evaluation will be undertaken on a per lot or item basis, as the
case maybe. In this case, the Bid Security as required by ITB Clause 15 shall be
submitted for each lot or item separately.
19.3. The descriptions of the lots or items shall be indicated in Section VII (Technical
Specifications), although the ABCs of these lots or items are indicated in the
BDS for purposes of the NFCC computation pursuant to Section 23.4.2.6 of the
2016 revised IRR of RA No. 9184. The NFCC must be sufficient for the total of
the ABCs for all the lots or items participated in by the prospective Bidder.
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19.4. The Project shall be awarded as follows:
Option 4- One project that is one lot or item, which shall be awarded as one
contract
19.5. Except for bidders submitting a committed Line of Credit from a Universal or
Commercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of RA
No. 9184, which must be sufficient for the total of the ABCs for all the lots or
items participated in by the prospective Bidder. For bidders submitting the
committed Line of Credit, it must be at least equal to ten percent (10%) of the
ABCs for all the lots or items participated in by the prospective Bidder.
20. Post-Qualification
20.1. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated Bid,
the Bidder shall submit its latest income and business tax returns filed and paid
through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS.
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Section III. Bid Data Sheet
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Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:
b. completed within [two (2) years] prior to the deadline for the submission
and receipt of bids.
7.1 No further instruction
12 The price of the Goods shall be quoted DDP with the DOH warehouse or the
applicable International Commercial Terms (INCOTERMS) for this Project.
14.1 The bid security shall be in the form of a Bid Securing Declaration, or any of the
following forms and amounts:
a. The amount of not less than two percent (2%) of ABC amounting to
PhP157,896.00, if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit; or
b. The amount of not less than five percent (5%) of ABC amounting to
PhP394,740.00, if bid security is in Surety Bond.
15 Each Bidder shall submit one (1) original and two (2) copies of the first and second
components of its bid: 1st copy- marked as ‘ORIGINAL’; 2nd copy- marked as
‘COPY 1’; 3rd copy- marked as ‘COPY 2’.
19.3 The ABC is Seven Million Eight Hundred Ninety-Four Thousand Eight Hundred
Philippine Pesos (PhP7,894,800.00). Any bid with a financial component exceeding
this amount shall not be accepted.
20.1 The LCB shall submit three (3) sets of true copies of the original certified as
such by the bidder or his duly authorized signatory within a non-extendible
period of five (5) calendar days from receipt of the notification arranged,
numbered and tabbed as enumerated below:
(a) Latest Annual Tax Return filed thru Electronic Filing and Payment Systems
(EFPS) and must be duly validated with the tax payments made thereon for the
preceding Tax Year be it on a calendar or fiscal year income (per Revenue
Regulations 3-2005);
(b) Latest Business Tax Return filed thru Electronic Filing and Payment System
(EFPS) duly validated with the tax payments made thereon also refers to the
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Value Added Tax (VAT) or Percentage Tax Returns covering the previous six
(6) months (per Revenue Regulations 3-2005);
The latest income and business tax returns are those within the last six
months preceding the date of bid submission
(c) Articles of Incorporation and General Information Sheet (GIS), in case the
Bidder has submitted a SEC registration as part of the Eligibility Documents,
if applicable; and
Failure of the Bidder declared as LCB to duly submit the requirements stated
above or a finding against the veracity of such shall be ground for forfeiture
of the bid security and disqualify the Bidder for award.
NOTE:
1) In case of a JVA, each joint venture partners shall submit the above-cited
Post-Qualification Documentary Requirements (GPPB NPM 006-2010
dated 04 February 2010).
20.2 List of required licenses and permits relevant to the Project and the corresponding
law requiring it:
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2. Valid and current License to Operate RA 9711, FDA Act of 2009 & its
(LTO) as Medical Device Importer/ IRR
Wholesaler issued by Philippine Food
and Drugs Administration
(PFDA). Provided that in case of expired
LTO, the application for renewal was
made timely as per DOH AO No. 2016-
0003.
21.2 Additional required documents relevant to the Project that are required by existing
laws and/or the Procuring Entity:
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Section IV. General Conditions of Contract
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1. Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that can
be reasonably inferred as being required for its completion as if such items were
expressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute
the primary source for the terms and conditions of the Contract, and thus, applicable in
contract implementation. Herein clauses shall serve as the secondary source for the
terms and conditions of the Contract.
This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA No.
9184 allowing the GPPB to amend the IRR, which shall be applied to all procurement
activities, the advertisement, posting, or invitation of which were issued after the
effectivity of the said amendment.
Additional requirements for the completion of this Contract shall be provided in the
Special Conditions of Contract (SCC).
2.2. The Procuring Entity is allowed to determine the terms of payment on the partial
or staggered delivery of the Goods procured, provided such partial payment
shall correspond to the value of the goods delivered and accepted in accordance
with prevailing accounting and auditing rules and regulations. The terms of
payment are indicated in the SCC.
3. Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder from
the Procuring Entity but in no case later than prior to the signing of the Contract by both
parties, the successful Bidder shall furnish the performance security in any of the forms
prescribed in Section 39 of the 2016 revised IRR of RA No. 9184.
All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the Supplier to
the authorized inspectors at no charge to the Procuring Entity.
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5. Warranty
5.1. In order to assure that manufacturing defects shall be corrected by the Supplier,
a warranty shall be required from the Supplier as provided under Section 62.1
of the 2016 revised IRR of RA No. 9184.
5.2. The Procuring Entity shall promptly notify the Supplier in writing of any claims
arising under this warranty. Upon receipt of such notice, the Supplier shall,
repair or replace the defective Goods or parts thereof without cost to the
Procuring Entity, pursuant to the Generic Procurement Manual.
If the Supplier is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.
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Section V. Special Conditions of Contract
25
Special Conditions of Contract
GCC
Clause
1 Delivery and Documents –
For purposes of the Contract, “EXW,” “FOB,” “FCA,” “CIF,” “CIP,” “DDP” and
other trade terms used to describe the obligations of the parties shall have the
meanings assigned to them by the current edition of INCOTERMS published by
the International Chamber of Commerce, Paris. The Delivery terms of this
Contract shall be as follows:
[For Goods supplied from abroad, state:] “The delivery terms applicable to the
Contract are DDP delivered [indicate place of destination]. In accordance with
INCOTERMS.”
[For Goods supplied from within the Philippines, state:] “The delivery terms
applicable to this Contract are delivered [indicate place of destination]. Risk and
title will pass from the Supplier to the Procuring Entity upon receipt and final
acceptance of the Goods at their final destination.”
Delivery of the Goods shall be made by the Supplier in accordance with the terms
specified in Section VI (Schedule of Requirements).
For purposes of this Clause the Procuring Entity’s Representative at the Project
Site is/are:
The Supplier shall provide such packaging of the Goods as is required to prevent
their damage or deterioration during transit to their final destination, as indicated
in this Contract. The packaging shall be sufficient to withstand, without limitation,
rough handling during transit and exposure to extreme temperatures, salt and
precipitation during transit, and open storage. Packaging case size and weights
shall take into consideration, where appropriate, the remoteness of the Goods’
final destination and the absence of heavy handling facilities at all points in transit.
The packaging, marking, and documentation within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for
in the Contract, including additional requirements, if any, specified below, and in
any subsequent instructions ordered by the Procuring Entity.
The outer packaging must be clearly marked on at least four (4) sides as follows:
Insurance –
The Goods supplied under this Contract shall be fully insured by the Supplier in
a freely convertible currency against loss or damage incidental to manufacture or
acquisition, transportation, storage, and delivery. The Goods remain at the risk
and title of the Supplier until their final acceptance by the Procuring Entity.
Transportation –
Where the Supplier is required under Contract to deliver the Goods CIF, CIP, or
DDP, transport of the Goods to the port of destination or such other named place
of destination in the Philippines, as shall be specified in this Contract, shall be
arranged and paid for by the Supplier, and the cost thereof shall be included in the
Contract Price.
Where the Supplier is required under this Contract to transport the Goods to a
specified place of destination within the Philippines, defined as the Project Site,
transport to such place of destination in the Philippines, including insurance and
storage, as shall be specified in this Contract, shall be arranged by the Supplier,
and related costs shall be included in the contract price.
Where the Supplier is required under Contract to deliver the Goods CIF, CIP or
DDP, Goods are to be transported on carriers of Philippine registry. In the event
that no carrier of Philippine registry is available, Goods may be shipped by a
carrier which is not of Philippine registry provided that the Supplier obtains and
presents to the Procuring Entity certification to this effect from the nearest
Philippine consulate to the port of dispatch. In the event that carriers of Philippine
registry are available but their schedule delays the Supplier in its performance of
this Contract the period from when the Goods were first ready for shipment and
the actual date of shipment the period of delay will be considered force majeure.
The Procuring Entity accepts no liability for the damage of Goods during transit
other than those prescribed by INCOTERMS for DDP deliveries. In the case of
Goods supplied from within the Philippines or supplied by domestic Suppliers
risk and title will not be deemed to have passed to the Procuring Entity until their
receipt and final acceptance at the final destination.
The Supplier shall indemnify the Procuring Entity against all third-party claims
of infringement of patent, trademark, or industrial design rights arising from use
of the Goods or any part thereof.
Based on the General Provisions of the GAA of 2021, Section 60: Cash Budgeting
System, all appropriations shall be made available for release and disbursement
for the purpose specified and under the same general and special provisions
applicable until December 31, 2021.
After the end of validity period, all unreleased appropriations shall lapse, while
unexpended or undisbursed funds shall revert to the unappropriated surplus of the
General Fund in accordance with Section 28, Chapter IV Book VI of E.O. No.
292 and shall not thereafter be available for expenditure except by subsequent
legislative enactment. Departments, bureaus, and offices of the National
Government, including constitutional offices enjoying fiscal autonomy, SUCs
and GOCCs, shall strictly observe the validity of appropriations and the reversion
of funds.
For FY2021, the appropriation for infrastructure capital outlays shall be valid for
obligation until December 31, 2021 while completion of the construction,
inspection and payment shall be made not later than June 30, 2022. On the other
hand, appropriation for MOOE and other capital outlay items shall be likewise be
valid for obligation until December 31, 2021 while the delivery, inspection and
payment or disbursement shall be made not later than March 31, 2022.
2) The supplier shall promptly replace the equivalent quantity of Goods taken as
samples without cost to the PROCURING ENTITY.
3) Failure to comply within the prescribed time shall compel the SCMS to have
the subject commodities pulled out by the third party logistics service provider
of the DOH with the hauling and freight fees chargeable against the
concerned supplier/company. In observance of the above-mentioned
timeline, coordinate with the SCMS of the DOH.
Section VI. Schedule of Requirements
The delivery schedule expressed as calendar days stipulates hereafter a delivery date which is the date of
delivery to the project site.
2nd Tranche:
1,300,000 pieces -
Ninety (90) calendar days
upon receipt of approved
NTP.
_______________________
Signature over Printed Name
[date of signing]
33
Section VII. Technical Specifications
34
Technical Specifications
Item Specification Statement of Compliance
35
Technical Specifications
Republic of the Philippines
Department of Health
TECHNICAL SPECIFICATIONS
Item No. 1 Male Condom Quantity / Unit 2,631,600 Pieces
Name of Manufacturer: Country of Origin:
Brand:
Total ABC: PhP7,894,800.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
A. Detailed Technical Specifications:
3. Labeling instructions:
a) Standard labeling instructions as approved by PFDA pursuant to Administrative Order No. 2016-0008.
b) In addition to the labeling requirement of FDA:
i. On each aluminum foil pack, the following should be imprinted or stickered with non-removable
or permanent sticker or label that is binding and with residue and tearing if removed:
Philippine Government Property – Department of Health NOT
FOR SALE
ii. On each small/bigger box/carton, the following should be imprinted or stickered with non-
removable or permanent sticker or label that is binding and with residue and tearing if removed:
Philippine Government Property – Department of Health
NOT FOR SALE
36
Republic of the Philippines
Department of Health
TECHNICAL SPECIFICATIONS
Item No. 1 Male Condom Quantity / Unit 2,631,600 Pieces
Name of Manufacturer: Country of Origin:
Brand:
Total ABC: PhP7,894,800.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
C. Additional Requirements to be submitted by the Single/Lowest Calculated Bidder (S/LCB):
1. One (1) sample each for the three (3) flavors to be submitted for evaluation. The sample submitted and
approved during the evaluation shall be the same sample to be delivered upon award of contract.
D. Product Recall & Disposal:
1. The supplier must ensure the quality of products and if there will be problems in the quality, the supplier
will recall and replace the products distributed in the regions hospitals/treatment and rehabilitation
centers/RHU/HC/BHSs based on the guidelines on Product Recall, FDA Circular No. 2016-012.
2. In case of product recalls, damage or expired medicines due to replacement, the costs associated with the
proper handling or pull out from health facilities where the medicines have already been distributed shall
be borne by the supplier.
_______________________
Signature over Printed Name
[date of signing]
37
Section VIII. Checklist of Technical and
Financial Documents
38
Checklist of Technical and Financial Documents
Arranged numbered and tabbed as it appears below:
I. TECHNICAL COMPONENT ENVELOPE
Class “A” Documents
Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages);
or
⬜ (b) Registration certificate from Securities and Exchange Commission (SEC),
Department of Trade and Industry (DTI) for sole proprietorship, or
Cooperative Development Authority (CDA) for cooperatives or its equivalent
document,
and
⬜ (c) Mayor’s or Business permit issued by the city or municipality where the
principal place of business of the prospective bidder is located, or the
equivalent document for Exclusive Economic Zones or Areas (together with
corresponding copy of receipt(s) of payments of the said permit);
and
⬜ (d) Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approved
by the Bureau of Internal Revenue (BIR).
Technical Documents
⬜ (e) Statement of the prospective bidder of all its ongoing government and
private contracts, including contracts awarded but not yet started, if any,
whether similar or not similar in nature and complexity to the contract to be
bid; and
⬜ (f) Statement of the bidder’s Single Largest Completed Contract (SLCC)
similar to the contract to be bid, except under conditions provided for in
Sections 23.4.1.3 and 23.4.2.4 of the 2016 revised IRR of RA No. 9184,
within the relevant period as provided in the Bidding Documents; and
⬜ (g) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission;
or
Original copy of Notarized Bid Securing Declaration; and
⬜ (h) Conformity with the Technical Specifications, which may include
production/delivery schedule, manpower requirements, and/or after-
sales/parts, if applicable; and
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⬜ (i) Original duly signed Omnibus Sworn Statement (OSS);
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.
Financial Documents
⬜ (j) The Supplier’s audited financial statements, showing, among others, the
Supplier’s total and current assets and liabilities, stamped “received” by the
BIR or its duly accredited and authorized institutions, for the preceding
calendar year which should not be earlier than two (2) years from the date of
bid submission; and
⬜ (k) The prospective bidder’s computation of Net Financial Contracting Capacity
(NFCC);
or
A committed Line of Credit from a Universal or Commercial Bank in lieu
of its NFCC computation.
⬜ (d) The bidder shall submit any of the following whichever is applicable:
a) If the bidder is a manufacturer, certificate that the bidder manufactures the
products/item; or
b) If the bidder is an Exclusive/Authorized Distributor or Dealer of the
products/items, Certificate or Contract from the manufacturer or importer
must be provided as proof that the bidder is an Exclusive/Authorized
Distributor or Dealer of the products/items; or
c) If the bidder is an agent of the exclusive distributor or dealer, the following
must be provided:
i. Certificate or Distributor/Dealership Agreement by the Manufacturer
with the distributor or dealer; and
ii. Contract between the distributor/dealer and the bidder.
⬜ (f) Sworn Statement using the prescribed form
Note:
a) Sworn Statement;
b) Computation of NFCC;
c) Manufacturer's Authorization;
d) Secretary's Certificate;
e) Special Power of Attorney;
f) Statement of Ongoing Contracts; and
g) Statement of SLCC.
2) For the following requirements, please refer to GPPB Resolution No. 16-2020:
a) Bid Form;
b) Price Schedule;
c) Bid Securing Declaration; and
d) Omnibus Sworn Statement
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