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ITB NO.

bac-23-0210E

PHILIPPINE BIDDING
DOCUMENTS

Government of the Republic of the


Philippines
City Government of Pasig

Refill of Medical Oxygen & Medical


Oxygen Flask Type
-P.C.G.H.

Sixth Edition
July 2020

0
Table of Contents

Glossary of Acronyms, Terms, and Abbreviations ........................................ 2


Section I. Invitation to Bid .............................................................................. 5
Section II. Instructions to Bidders ................................................................ 9
1. Scope of Bid ..............................................................................................................10
2. Funding Information .................................................................................................10
3. Bidding Requirements...............................................................................................10
4. Corrupt, Fraudulent, Collusive, and Coercive Practices ...........................................10
5. Eligible Bidders ........................................................................................................11
6. Origin of Goods ........................................................................................................12
7. Subcontracts ..............................................................................................................12
8. Pre-Bid Conference...................................................................................................12
9. Clarification and Amendment of Bidding Documents .............................................13
10. Documents comprising the Bid: Eligibility and Technical Components ..................13
11. Documents comprising the Bid: Financial Component ............................................13
12. Bid Prices ..................................................................................................................14
13. Bid and Payment Currencies.....................................................................................14
14. Bid Security ..............................................................................................................15
15. Sealing and Marking of Bids .................................................................................... 15
16. Deadline for Submission of Bids ..............................................................................15
17. Opening and Preliminary Examination of Bids ........................................................15
18. Domestic Preference .................................................................................................16
19. Detailed Evaluation and Comparison of Bids...........................................................16
20. Post-Qualification .....................................................................................................17
21. Signing of the Contract .............................................................................................17
Section III. Bid Data Sheet ............................................................................ 18
Section IV. General Conditions of Contract ............................................... 24
1. Scope of Contract......................................................................................................25
2. Advance Payment and Terms of Payment ................................................................25
3. Performance Security ................................................................................................25
4. Inspection and Tests..................................................................................................25
5. Warranty ...................................................................................................................26
6. Liability of the Supplier ............................................................................................26
Section V. Special Conditions of Contract.................................................... 27
Section VI. Schedule of Requirements .......................................................... 33
Section VII. Technical Specifications............................................................ 34
Section VIII. Checklist of Technical and Financial Documents .................. 53

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Glossary of Acronyms, Terms, and
Abbreviations
ABC – Approved Budget for the Contract.

BAC – Bids and Awards Committee.

Bid – A signed offer or proposal to undertake a contract submitted by a


bidder in response to and in consonance with the requirements of the
bidding documents. Also referred to as Proposal and Tender. (2016 revised
IRR, Section 5[c])

Bidder – Refers to a contractor, manufacturer, supplier, distributor and/or


consultant who submits a bid in response to the requirements of the Bidding
Documents. (2016 revised IRR, Section 5[d])

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])

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

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])

CDA - Cooperative Development Authority.

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.

CIF – Cost Insurance and Freight.

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CIP – Carriage and Insurance Paid.

CPI – Consumer Price Index.

DDP – Refers to the quoted price of the Goods, which means “delivered
duty paid.”

DTI – Department of Trade and Industry.

EXW – Ex works.

FCA – “Free Carrier” shipping point.

FOB – “Free on Board” shipping point.

Foreign-funded Procurement or Foreign-Assisted Project– Refers to


procurement whose funding source is from a foreign government, foreign
or international financing institution as specified in the Treaty or
International or Executive Agreement. (2016 revised IRR, Section 5[b]).

Framework Agreement – Refers to a written agreement between a


procuring entity and a supplier or service provider that identifies the terms
and conditions, under which specific purchases, otherwise known as “Call-
Offs,” are made for the duration of the agreement. It is in the nature of an
option contract between the procuring entity and the bidder(s) granting the
procuring entity the option to either place an order for any of the goods or
services identified in the Framework Agreement List or not buy at all, within
a minimum period of one (1) year to a maximum period of three (3) years.
(GPPB Resolution No. 27-2019)

GFI – Government Financial Institution.

GOCC – Government-owned and/or –controlled corporation.

Goods – Refer to all items, supplies, materials and general supportservices,


except Consulting Services and Infrastructure Projects, which maybe 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 essentialto the operation
of the Procuring Entity. (2016 revised IRR, Section 5[r])

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GOP – Government of the Philippines.

GPPB – Government Procurement Policy Board.

INCOTERMS – International Commercial Terms.

Infrastructure Projects – Include the construction, improvement,


rehabilitation, demolition, repair, restoration or maintenance of roads and
bridges, railways, airports, seaports, communication facilities, civil works
components of information technology projects, irrigation, flood control and
drainage, water supply, sanitation, sewerage and solid waste management
systems, shore protection, energy/power and electrification facilities,
national 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])

LGUs – Local Government Units.

NFCC – Net Financial Contracting Capacity.

NGA – National Government Agency.

PhilGEPS - Philippine Government Electronic Procurement System.

Procurement Project – refers to a specific or identified procurement


covering goods, infrastructure project or consulting services. A
Procurement Project shall be described, detailed, and scheduled in the
Project Procurement Management Plan prepared by the agency which shall
be consolidated in the procuring entity's Annual Procurement Plan. (GPPB
Circular No. 06-2019 dated 17 July 2019)

PSA – Philippine Statistics Authority.

SEC – Securities and Exchange Commission.

SLCC – Single Largest Completed Contract.

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

5
CITY GOVERNMENT OF PASIG
The Bids and Awards Committee
INVITATION TO BID FOR
Refill of Medical Oxygen & Medical Oxygen Flask Type – P.C.G.H.

1. The CITY GOVERNMENT OF PASIG, through the Executive Budget


CY 2023 intends to apply the sum of Thirty-Nine Million Two Hundred
Sixty-Two Thousand Five Hundred Pesos Only (Php 39,262,500.00)
being the ABC to payments under the contract for the Refill of Medical
Oxygen & Medical Oxygen Flask Type – P.C.G.H. Bids received in
excess of the ABC shall be automatically rejected at bid opening.

2. The CITY GOVERNMENT OF PASIG now invites bids for the above
Procurement Project. Delivery of the Goods is required by (Please see
Section VI Schedule of Requirements). Bidders should have
completed, within three (3) years from the date of submission and
receipt of bids, a contract similar tothe Project. The description of an
eligible bidder is contained in the Bidding Documents, particularly, in
Section II (Instructions to Bidders).

3. Bidding will be conducted through open competitive bidding


procedures using a non-discretionary “pass/fail” criterion as specified
in the 2016 revised Implementing Rules and Regulations (IRR) of
Republic Act (RA) No. 9184.

a. Bidding is restricted to Filipino citizens/sole proprietorships,


partnerships, or organizations with at least sixty percent (60%)
interest or outstanding capital stock belonging to citizens of the
Philippines, and to citizens or organizations of a country the laws
or regulations of which grant similar rights or privileges to Filipino
citizens, pursuant to RA No. 5183.

4. Prospective Bidders may obtain further information from the Bids and
Awards Committee through its Secretariat and inspect the Bidding
Documents at the address given below during office hours, Monday
to Friday, from 8:00 A.M. to 5 P.M.

5. A complete set of Bidding Documents may be acquired by interested


Bidders on February 10, 2023 from the given address and website(s)
below and upon payment of the applicable fee for the Bidding
Documents, pursuant to the latest Guidelines issued by the GPPB, in
the amount of Twenty Five Thousand Pesos Only (Php 25,000.00).
The Procuring Entity shall allow the bidder to present its proof of
payment for the fees presented in person.

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6. The CITY GOVERNMENT OF PASIG will hold a Pre-Bid Conference
on February 17, 2023, 1:30 P.M at 7th Floor Meeting Room, Pasig City
Hall, Caruncho Avenue, San Nicolas, Pasig City, which shall be open
to prospective bidders.

7. Bids must be duly received by the BAC Secretariat through manual


submission at the office address indicated below, on or before March
3, 2023, 9:30 A.M. 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 March 3, 2023, 10:00 A.M at the given address
below. Bids will be opened in the presence of the bidders’
representatives who choose to attend the activity.

10. Each Bidder shall submit one (1) sealed Mother envelope
containing:
1. ORIGINAL (SEALED AND LABELED)
1.1 Company Profile Folder
1.2 Original Technical Component and Original Financial
Components (hard copy, in 2 separate sealed envelopes)

And

1.3 One (1) USB Flash Drive containing


1.3.1. Scanned Documents (Original Technical and Original
Financial Components)
1.3.2. Excel File of the Price Schedule

2. COPY 1 (SEALED AND LABELED)


2.1 One (1) USB Flash Drive sealed and labeled as “Copy 1”
containing scanned documents of Technical and
Financial Components

Bidders shall bear all costs associated with the preparation and
submission of their bids, and THE CITY GOVERNMENT OF PASIG will
in no case, be responsible or liable for those costs, regardless of the
conduct or outcome of the bidding process.

Bidders should note that THE CITY GOVERNMENT OF PASIG will only
accept bids from those that have paid the applicable fee for the Bidding
Documents.

In accordance with Government Procurement Policy Board (GPPB)


Circular 06-2005 - Tie-Breaking Method, the Bids and Awards
Committee (BAC) shall use a non-discretionary and non-
discriminatory measure based on sheer luck or chance, which is
“DRAW LOTS,” in the event that two (2) or more bidders have been
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post-qualified and determined as the bidder having the Lowest
Calculated Responsive Bid (LCRB) to determine the final bidder
having the LCRB, based on the following procedures:

a) In alphabetical order, the bidders shall pick one rolled paper.


b) The lucky bidder who would pick the paper with a
“CONGRATULATIONS” remark shall be declared as the final
bidder having the LCRB and recommended for award of the
contract.

11. The CITY GOVERNMENT OF PASIG 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 the 2016 revised IRR of RA No. 9184, without thereby
incurring any liability to the affected bidder or bidders.

12. For further information, please refer to:

Atty. Ponce Miguel D. Lopez


Procurement Management Office
Caruncho Avenue, Pasig City
[email protected]
(02) 8643-1111 local 1461 or 1462
Pasigcity.gov.ph

13. You may visit the following websites:

For downloading of Bidding Documents:


https://notices.philgeps.gov.ph

February 10, 2023

Atty. Josephine C. Lati-Bagaoisan


BAC Chairperson

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Section II. Instructions to
Bidders

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1. Scope of Bid

The Procuring Entity, CITY GOVERNMENT OF PASIG wishes to receive


Bids for Refill of Medical Oxygen and Medical Oxygen Flask Type -
P.C.G.H., with identification number ITB # bac-23-0210e

The Procurement Project (referred to herein as “Project”) is composed


of one (1) lot, the details of which are described in Section VII
(Technical Specifications).

2. Funding Information

2.1. The GOP through the source of funding as indicated below for
Executive Budget CY 2023 in the amount of Thirty-Nine Million
Two Hundred Sixty-Two Thousand Five Hundred Pesos Only
(Php 39,262,500.00).

2.2. The source of funding is:

a. LGUs, the Annual or Supplemental Budget, as approved by


the Sanggunian.

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.

4. Corrupt, Fraudulent, Collusive, and Coercive Practices

The Procuring Entity, as well as the Bidders and Suppliers, shall


observe the highest standard of ethics during the procurement and
execution of the contract. They or through an agent shall not engage
in corrupt, fraudulent, collusive, coercive, and obstructive practices

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defined under Annex “I” of the 2016 revised IRR of RA No. 9184 or
other integrity violations in competing for the Project.

5. Eligible Bidders

5.1. Only Bids of Bidders found to be legally, technically, and


financially capable will be evaluated.

5.2. 5.2.
a. Foreign ownership exceeding those allowed under the rules
may participate pursuant to:

i. When a Treaty or International or Executive


Agreement as provided in Section 4 of the RA No.
9184 and its 2016 revised IRR allow foreign bidders
to participate;

ii. 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;

iii. When the Goods sought to be procured are not


available from local suppliers; or

iv. When there is a need to prevent situations that


defeat competition or restrain trade.

b. Foreign ownership limited to those allowed under the rules


may participate in this Project.

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:

a. [ ] For the procurement of Non-expendable Supplies and


Services: The Bidder must have completed a single contract
that is similar to this Project, equivalent to at least fifty
percent (50%) of the ABC.

b. [X] For the procurement of Expendable Supplies: The


Bidder must have completed a single contract that is similar
to this Project, equivalent to at least twenty-five percent
(25%) of the ABC.

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c. [ ] For procurement where the Procuring Entity has
determined, after the conduct of market research, that
imposition of either (a) or (b) will likely result to failure of
bidding or monopoly that will defeat the purpose of public
bidding: the Bidder should comply with the following
requirements:

i. Completed at least two (2) similar contracts, the


aggregate amount of which should be equivalent to at
least fifty percent (50%) in the case of non-
expendable supplies and services or twenty-five
percent (25%) in the case of expendable supplies of
the ABC for this Project; and

ii. The largest of these similar contracts must be


equivalent to at least half of the percentage of the ABC
as required above.

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.

The Procuring Entity has prescribed that:

a. Subcontracting is not allowed.

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 7th Floor
Meeting Room, Pasig City Hall, Caruncho Avenue, San Nicolas, Pasig
City as indicated in paragraph 6 of the IB.

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9. Clarification and Amendment of Bidding Documents

Prospective bidders may request for clarification on and/or


interpretation of any part of the Bidding Documents. Such requests
must be in writing and received by the Procuring Entity, either at its
given address or through electronic mail indicated in the IB, at least
ten (10) calendar days before the deadline set for the submission and
receipt of Bids.

10. Documents comprising the Bid: Eligibility and


Technical Components

10.1. The first envelope shall contain the eligibility and technical
documents of the Bid as specified in Section VIII (Checklist
of Technical and Financial Documents).

10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have
been completed within three (3) 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. Similar to the required
authentication above, for Contracting Parties to the Apostille
Convention, only the translated documents shall be
authenticated through an apostille pursuant to GPPB Resolution
No. 13-2019 dated 23 May 2019. The English translation shall
govern, for purposes of interpretation of the bid.

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).

11.2. If the Bidder claims preference as a Domestic Bidder or


Domestic Entity, a certification issued by DTI shall be provided
by the Bidder in accordance with Section 43.1.3 of the 2016
revised IRR of RA No. 9184.

11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB


shall not be accepted.

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11.3. For Foreign-funded Procurement, a ceiling may be applied to
bid prices provided the conditions are met under Section 31.2
of the 2016 revised IRR of RA No. 9184.

12. Bid Prices

12.1. Prices indicated on the Price Schedule shall be entered


separately in the following manner:

a. For Goods offered from within the Procuring Entity’s


country:

i. The price of the Goods quoted EXW (ex-works, ex-


factory, ex-warehouse, ex-showroom, or off-the-
shelf, as applicable);

ii. The cost of all customs duties and sales and other
taxes already paid or payable;

iii. The cost of transportation, insurance, and othercosts


incidental to delivery of the Goods to their final
destination; and

iv. The price of other (incidental) services, if any, listed


in the BDS.

b. For Goods offered from abroad:

i. Unless otherwise stated in the BDS, the price of the


Goods shall be quoted 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.

ii. The price of other (incidental) services, if any, as


listed in the BDS.

13. Bid and Payment Currencies

13.1. For Goods that the Bidder will supply from outside the
Philippines, the bid prices may be quoted in the local currency
or tradeable currency accepted by the BSP at the discretion of
the Bidder. However, for purposes of bid evaluation, Bids
denominated in foreign currencies, shall be converted to

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Philippine currency based on the exchange rate as published in
the BSP reference rate bulletin on the day of the bid opening.

13.2. Payment of the contract price shall be made in:

a. Philippine Pesos.

14. Bid Security

14.1. The Bidder shall submit a Bid Securing Declaration 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
(120) calendar days. Any Bid not accompanied by an acceptable
bid security shall be rejected by the Procuring Entity as non-
responsive.

15. Sealing and Marking of Bids

Each Bidder shall submit one copy of the first and second components
of its Bid.

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.

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. Opening and Preliminary Examination of Bids

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

15
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.

17.2. The preliminary examination of bids shall be governed by


Section 30 of the 2016 revised IRR of RA No. 9184.

18. Domestic Preference

18.1. The Procuring Entity will grant a margin of preference for the
purpose of comparison of Bids in accordance with Section
43.1.2 of the 2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids

19.1. The Procuring Entity’s BAC shall immediately conduct a detailed


evaluation of all Bids rated “passed,” using non-discretionary
pass/fail criteria. The BAC shall consider the conditions in the
evaluation of Bids under Section 32.2 of the 2016 revised IRR
of RA No. 9184.

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 14 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.

19.4. The Project shall be awarded as follows:

X Option 1 – One Project having several items that shall be


awarded as one contract.

Option 2 – One Project having several items grouped into


several lots, which shall be awarded as separate contracts per
lot.

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Option 3 - One Project having several items, which shall be
awarded as separate contracts per item.

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

20.2. 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 paidthrough
the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law andstated in
the BDS.

21. Signing of the Contract

21.1. The documents required in Section 37.2 of the 2016 revised


IRR of RA No. 9184 shall form part of the Contract. Additional
Contract documents are indicated in the BDS.

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Section III. Bid Data Sheet

18
BIDS AND AWARDS COMMITTEE

INSTRUCTION TO BIDDERS

PROJECT : Supply and Delivery of Medical Oxygen (Refill) & Medical


Oxygen Flask Type (Refill) – P.C.G.H.
Date : February 10, 2023

This shall form an integral part of the Bid Documents.

1. Bidders are requested to organize and submit their bids on the following requirements:

1. Submit First (1st) Envelope containing one (1) hard copy of the ORIGINAL Technical
Component, including the Eligibility Requirements. 1 st Envelope shall be sealed and labeled
as “ORIGINAL TECHNICAL COMPONENT”

2. Submit Second (2nd) Envelope containing one (1) hard copy of the ORIGINAL Financial
Component. 2nd Envelope shall be sealed and labeled as “ORIGINAL FINANCIAL COMPONENT”

3. Submit USB Flash Derive containing one (1) soft/scanned copy of the ORIGINAL Technical
Component and Financial Component; and Excel File of the Price Schedule in USB Flash Drive

Note: The 1st Envelope, 2nd Envelope and the USB flash drive containing the soft/scanned
copy of the original technical and financial components and excel file of the price schedule
shall be enclosed in a single envelope, sealed and labeled as “ORIGINAL BID”

4. Submit USB Flash Drive containing one (1) soft/scanned copy of the Technical Component
and Financial Component. USB flash drive shall be enclosed in a separate envelope, sealed
and labeled as “COPY 1”

5. The “ORIGINAL BID” and “COPY 1” envelopes shall be enclosed in a single MOTHER ENVELOPE
sealed and properly labeled

*Sections of the bid shall be separated by dividers, proper tabs;


*NO scratch papers.

All envelopes (1st Envelope, 2nd Envelope, Original Bid Envelope, Copy 1 Envelope and Mother
Envelope) shall be labeled as follows:
 Addressed to the procuring entity’s BAC Chairperson
 Name of the project/contract to be bid
 Name, address and contact details of the bidder
 “DO NOT OPEN BEFORE <bid opening date and time>”

 Unsealed or unmarked bid envelopes shall be rejected. However, bid envelopes that are not
properly sealed and marked, 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 Procuring Entity shall not be responsible for
misplaced Bidding Documents and premature opening.

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BIDDING DOCUMENTS AVAILABILITY AND FEE

 Bidding Documents:

 February 10, 2023 to March 3, 2023 until 9:30 A.M.


 8:00 am to 5:00 pm and upon payment of applicable fees for the Bidding Documents
at the City Treasurer’s Office

 Bidders shall pay the applicable fee for the Bidding Documents not later than the submission
of their bids.

 Standard rates for bidding documents

Approved Budget for the Contract Maximum Cost of Bidding


Documents
500,000 and below P500.00
More than 500,000 up to 1 million 1,000.00
More than 1 million up to 5 million 5,000.00
More than 5 million up to 10 million 10,000.00
More than 10 million up to 50 million 25,000.00
More than 50 million up to 500 million 50,000.00
More than 500 million 75,000.00

INSTRUCTION TO BIDDERS ON PAYMENT OF BIDDING DOCUMENTS

 Secure Order of Payment for the bidding documents at the Procurement Management
Office, 4th FloorPasig City Hall

 Proceed to City Treasurer’s Office, 1st Floor Pasig City Hall for the payment of bidding
documents

 Mode of payment: Cash or Manager’s/ Cashier’s Check payable to City Government of Pasig
 Personal Check shall not be accepted.

 Present the Official Receipt to the BAC Secretariat’s Office for the release of the complete
set of bidding documents.

REMINDERS:

 The deadline for the submission of bid is on March 3, 2023 (Friday) at 9:30 AM
at the Procurement Management Office, 4th Floor Pasig City Hall, Caruncho Ave., San
Nicolas PasigCity. The digital clock at the Procurement Managemnt Office that is set to the
Philippine Time (PhST)shall be used as reference in determining the time for the submission
of bids, Hence participating bidders are advised to synchronize their timepiece with the said
digital clock. Late bids or those who submitted after 9:30 AM of March 3, 2023
(Friday) shall not be accepted.

 Bidders may submit their bid documents days ahead of the deadline for the submission in
order to avoid late submission.

 Bid opening shall be on March 3, 2023 (Friday) at 10:00 AM at 7th Floor Meeting
Room, Pasig City Hall, Caruncho Ave., San Nicolas Pasig City. Bids will be opened in the
presence of the bidders’ representatives who choose to attend.

 All licenses, permits and other required clearances should be valid at the time of the
submission of bids, Post-Qualification Evaluation and signing of the contract.

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 The BAC expects the bidders to exercise due diligence in going through the bid documents
so that they can prepare their bids intelligently.

 The Bids and Awards Committee will still continue to implement social distancing and shall
require only one (1) Representative per company.

 All attendees will be subjected to thermal scan prior to entry of the venue and shall:

1.wear medical face mask and face shield at all times – “No Mask No Entry”
2.bring black ballpen
3.bring alcohol

Please be reminded that all queries after the issuance of Bid Bulletin will not be
entertained.

ATTY. JOSEPHINE C. LATI-BAGAOISAN


BAC Chairperson

21
Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:

a. Refill of Medical Oxygen

b. completed within three (3) years prior to the deadline for


the submission and receipt of bids.

7.1 [Specify the portions of Goods to be subcontracted, which shall


not be a significant or material component of the Project as
determined by the Procuring Entity.] NONE

12 The price of the Goods shall be quoted DDP Pasig City 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 to two percent (2%) of ABC,


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 to five percent (5%) of ABC


if bid security is in Surety Bond.

19.3 [In case the Project will be awarded by lot, list the grouping of
lots by specifying the group title, items, and the quantity for
every identified lot, and the corresponding ABC for each lot.]

[In case the project will be awarded by item, list each item
indicating its quantity and ABC.]

The evaluation and award are for one (1) lot.

Note: Please see Bid Items to be bid

20.2 Other appropriate licenses and permits to be submitted as


part of the Technical Requirements are as follows:

 License to Operate (LTO) from FDA

 Certificate of Product Registration from FDA

22
 Certificate of Good Manufacturing Practice from FDA

 PS Quality Certification from Bureau of Product


Standards

 Analysis result of purity test from accredited laboratory

 ISO Certification

For purposes of Post-Qualification, the following documents


shall be required:

 DTI Business Name Registration / SEC Registration

 Mayor’s Permit (or a recently expired Mayor’s/Business


permit together with the official receipt as proof that the
prospective bidder has applied for renewal within the
period prescribed by the concerned local government
unit subject to submission of the Mayor's Permit before
the award of contract)

 Tax Clearance

 Audited Financial Statement

 Latest Income Tax Return - (i) Annual ITR for the


immediately preceding year; or (ii) latest submitted
Quarterly ITRs together with latest available Annual ITR
(If Annual ITR for the immediately preceding year is not
yet available)

 Latest Business Tax Returns - Value Added Tax (VAT) or


Percentage Tax, filed and paid covering the previous six
(6) months before the date of Opening of Bids

 Other appropriate licenses and permits required by law


and documents stated in the Bidding Documents, Bid
Bulletin/s and Terms of Reference, if anyNote: Please
see Terms of Reference (if any)

 Product brochures of the items to be offered, if any

Note: Please see Terms of Reference (if any)

23
21.2 [List here any additional contract documents relevant to the
Project that may be required by existing laws and/or the
Procuring Entity.]

Note: to be discussed during Pre-bidding Conference(if any)

24
Section IV. General Conditions of
Contract

25
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. Advance Payment and Terms of Payment

2.1. Advance payment of the contract amount is provided under


Annex “D” of the revised 2016 IRR of RA No. 9184.

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 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.

4. 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
Project specifications at no extra cost to the Procuring Entity in
accordance with the Generic Procurement Manual. In addition to

26
tests in the SCC, 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.

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.

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 inwriting
of any claims arising under this warranty. Upon receipt of such
notice, the Supplier shall, repair or replace the defectiveGoods
or parts thereof without cost to the Procuring Entity, pursuant
to the Generic Procurement Manual.

6. Liability of the Supplier

The Supplier’s liability under this Contract shall be as provided by the


laws of the Republic of the Philippines.

If the Supplier is a joint venture, all partners to the joint venture shall
be jointly and severally liable to the Procuring Entity.

27
Section V. Special Conditions of
Contract

28
Special Conditions of Contract

GCC
Clause
1 Please see Attached Terms of Reference/Terms and
Conditions/Additional requirements

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 [Pasig City General
Hospital]. In accordance with INCOTERMS.”

[For Goods supplied from within the Philippines, state:] “The


delivery terms applicable to this Contract are delivered [Pasig
City General Hospital]. 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 [indicate name(s)].

Incidental Services –

The Supplier is required to provide all of the following services,


including additional services, if any, specified in Section VI.
Schedule of Requirements:

a. performance or supervision of on-site assembly


and/or start-up of the supplied Goods;
b. furnishing of tools required for assembly and/or
maintenance of the supplied Goods;

29
c. furnishing of a detailed operations and maintenance
manual for each appropriate unit of the supplied
Goods;
d. performance or supervision or maintenance and/or
repair of the supplied Goods, for a period of time
agreed by the parties, provided that this service shall
not relieve the Supplier of any warranty obligations
under this Contract; and
e. training of the Procuring Entity’s personnel, at the
Supplier’s plant and/or on-site, in assembly, start-up,
operation, maintenance, and/or repair of the supplied
Goods.

The Contract price for the Goods shall include the pricescharged
by the Supplier for incidental services and shall not exceed the
prevailing rates charged to other parties by the Supplier for
similar services.

Spare Parts –

The Supplier is required to provide all of the following materials,


notifications, and information pertaining to spare parts
manufactured or distributed by the Supplier:

1. such spare parts as the Procuring Entity may elect to


purchase from the Supplier, provided that this election
shall not relieve the Supplier of any warranty obligations
under this Contract; and

2. in the event of termination of production of the spare


parts:

i. advance notification to the Procuring Entity of the


pending termination, in sufficient time to permit the
Procuring Entity to procure needed requirements; and

ii. following such termination, furnishing at no cost to the


Procuring Entity, the blueprints, drawings, and
specifications of the spare parts, if requested.

The spare parts and other components required are listed in


Section VI (Schedule of Requirements) and the costs
thereof are included in the contract price.

The Supplier shall carry sufficient inventories to assure ex-


stock supply of consumable spare parts or components for the
Goods for a period of [indicate here the time period specified.

30
If not used indicate a time period of three times the warranty
period].

Spare parts or components shall be supplied as promptly as


possible, but in any case, within [insert appropriate timeperiod]
months of placing the order.

Packaging –

The Supplier shall provide such packaging of the Goods as is


required to prevent their damage or deterioration during transit
to their final destination, as indicated in this Contract. The
packaging shall be sufficient to withstand, without limitation,
rough handling during transit and exposure to extreme
temperatures, salt and precipitation during transit, and open
storage. Packaging case size and weights shall take into
consideration, where appropriate, the remoteness of the
Goods’ final destination and the absence of heavy handling
facilities at all points in transit.

The packaging, marking, and documentation within and outside


the packages shall comply strictly with such special
requirements as shall be expressly provided for in the Contract,
including additional requirements, if any, specified below, and
in any subsequent instructions ordered by the Procuring Entity.

The outer packaging must be clearly marked on at least four


(4) sides as follows:

Name of the Procuring Entity


Name of the Supplier
Contract Description
Final Destination
Gross weight
Any special lifting instructions
Any special handling instructions
Any relevant HAZCHEM classifications

A packaging list identifying the contents and quantities of the


package is to be placed on an accessible point of the outer
packaging if practical. If not practical the packaging list is to be
placed inside the outer packaging but outside the secondary
packaging.

Transportation –

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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.

Intellectual Property Rights –

The Supplier shall indemnify the Procuring Entity against all


third-party claims of infringement of patent, trademark, or
industrial design rights arising from use of the Goods or any
part thereof.

2.2 The terms of payment shall be as follows: Within 45 days after


completion of each delivery, and was duly Inspected and
Accepted bythe Procuring Entity as evidenced by a Certificate to
that effect.

32
4 The inspections and tests that will be conducted are: [Please
see attached Terms of Reference, Additional Terms or
Additional Requirements if any;]

The inspections and tests that will be conducted include, but


not limited to inspection for the completeness of the
requirements in accordance with the required quantity of the
procurement requirement and compliance to all parameters of
the Technical Specifications/Scope of Work/Terms of Reference
at the project site.

33
Section VI. Schedule of
Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a
delivery date which is the date of delivery to the project site.

Item Delivered,
Description Quantity Total
Number Weeks/Months
1 Refill of medical oxygen Please refer to Staggered delivery
125 lbs., 1,800 psi Indicative Schedule of
Delivery Within 9 months
2 Refill of medical oxygen Please refer to from the date of
flask type 5 lbs., 1,800 Indicative Schedule of receipt by the
psi Delivery winning supplier of
the Notice to
Proceed

INDICATIVE SCHEDULE OF DELIVERY

MONTH MEDICAL OXYGEN MEDICAL OXYGEN TOTAL


(125 LBS TANK) (5 LBS FLASK TYPE)
April 6,100 50 6,150
May 6,300 50 6,350
June 6,100 50 6,150
July 6,300 50 6,350
August 6,300 50 6,350
September 6,100 50 6,150
October 6,300 50 6,350
November 6,100 50 6,150
December 6,200 50 6,250
TOTAL 55,800 450 56,250

34
Section VII. Technical
Specifications

35
Technical Specifications
Terms of Reference

I. To provide the following during bid opening:


 License to operate (LTO) from FDA
 Certificate of product registration FDA
 Certificate of Good Manufacturing Practice from FDA
 PS Quality Certification from Bureau of Product Standards
 Analysis result of purity test from accredited laboratory
 ISO Certification series 9001:2015
 Staggered delivery. Schedule of delivery for 9 months starting April
2023

36
Technical Specifications
Ite
Specification Statement of Compliance
m
[Bidders must state here either
“Comply” or “Not Comply” against
each of the individual parameters
of each Specification stating the
corresponding performance
parameter of the equipment
offered. Bidders should likewise
indicate the “BRAND” to be
offered, or the manufacturer’s
name. Statements of “Comply” or
“Not Comply” must be supported
by evidence in a Bidders Bid and
cross-referenced to that evidence.
Evidence shall be in the form of
manufacturer’s un-amended sales
literature, unconditional
statements of specification and
compliance issued by the
manufacturer, samples,
independent test data etc., as
appropriate. A statement that is
not supported by evidence or is
subsequently found to be
contradicted by the evidence
presented will render the Bid
under evaluation liable for
rejection. A statement either in
the Bidder's statement of
compliance or the supporting
evidence that is found to be false
either during Bid evaluation, post-
qualification or the execution of
the Contract may be regarded as
fraudulent and render the Bidder
or supplier liable for prosecution
subject to the applicable laws and
issuances.]

Statement of Brand
Compliance Name

37
1 Medical Oxygen
125 lbs (refill) 1800 psi
2 Medical Oxygen Flask Type 5
lbs (refill) 1800 psi
3 Others:
Compliance to the provisions
in the Terms of Reference

38
Items to be Bid

APPROVED APPROVED
ITEM
QTY UOM UNIT PRICE BUDGET FOR THE DESCRIPTION
NO (PHP) CONTRACT (PHP)
1 55,800 tank 700.00 39,060,000.00 Medical Oxygen 125lbs
(refill), 1800 psi
2 450 cylinder 450.00 202,500.00 Medical Oxygen Flask Type
5lbs (refill), 1800 psi
TOTAL 39,262,500.00

39
Section VIII. Checklist of
Technical and Financial
Documents

40
Checklist of Technical and Financial
Documents

I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents


Legal Documents
□ (a) Valid PhilGEPS Certificate of Platinum Registration and
Membership with additional caveat in accordance with
Section 8.5.2 of the 2016 Revised IRR of RA 9184 amended
through GPPB Resolution No. 15-2021, provided that all of
Class “A” eligibility documents submitted to PhilGEPS are
maintained and updated;

Technical Documents
□ (b) 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
□ (c) 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
□ (d) 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
□ (e) Conformity with the Technical Specifications, which mayinclude
production/delivery schedule, manpower requirements,
and/or after-sales/parts, brand name, if applicable; and
□ (f) 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.

(g) Bid Bulletin/s if any;

Financial Documents
□ (h) The prospective bidder’s computation of Net Financial
Contracting Capacity (NFCC);
or

41
A committed Line of Credit from a Universal or Commercial
Bank in lieu of its NFCC computation.

Class “B” Documents


□ (i) If applicable, a duly signed joint venture agreement (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.

Other documentary requirements under RA No. 9184 (as applicable)


□ (j) [For foreign bidders claiming by reason of their country’s
extension of reciprocal rights to Filipinos] Certification from
the relevant government office of their country stating that
Filipinos are allowed to participate in government
procurement activities for the same item or product.
□ (k) Certification from the DTI if the Bidder claims preference as a
Domestic Bidder or Domestic Entity.
□ (l) License to Operate (LTO) from FDA
□ (m) Certificate of Product Registration FDA
□ (n) Certificate of Good Manufacturing Practice from FDA
□ (o) PS Quality Certification from Bureau of Product Standards
□ (p) Analysis result of purity test from accredited laboratory
□ (q) ISO Certification series 9001:2015

II. FINANCIAL COMPONENT ENVELOPE


(r) Original of duly signed and accomplished Financial Bid Form;

And

(s) Original of duly signed and accomplished Price Schedule(s).

42
Bidding Forms
APPENDIX “1”

Bid Form for the Procurement of Goods


[shall be submitted with the Bid]

BID FORM
Date :
Project Identification No. :

To: [name and address of Procuring Entity]

Having examined the Philippine Bidding Documents (PBDs) including the


Supplemental or 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 PBDs for the sum of [total Bid amount in words and
figures] or the total calculated bid price, as evaluated and corrected for computational errors,
and other bid modifications in accordance with the Price Schedules attached herewith and made
part of this Bid. The total bid price includes the cost of all taxes, such as, but not limited to:
[specify the applicable taxes, e.g. (i) value added tax (VAT), (ii) income tax, (iii) local taxes,
and (iv) other fiscal levies and duties], which are itemized herein or in the Price Schedules,

If our Bid is accepted, we undertake:

a. to deliver the goods in accordance with the delivery schedule specified in the Schedule of
Requirements of the Philippine Bidding Documents (PBDs);

b. to provide a performance security in the form, amounts, and within the times prescribed in the
PBDs;

c. to abide by the Bid Validity Period specified in the PBDs and it shall remain binding upon us at
any time before the expiration of that period.

[Insert this paragraph if Foreign-Assisted Project with the Development Partner:


Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid,
and to contract execution if we are awarded the contract, are listed below:

Name and address Amount and Purpose of agent Currency Commission or gratuity

(if none, state “None”) ]

Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and your Notice of Award, shall be binding upon us.

43
We understand that you are not bound to accept the Lowest Calculated Bid or any Bid
you may receive.

We certify/confirm that we comply with the eligibility requirements pursuant to the


PBDs.

The undersigned is authorized to submit the bid on behalf of [name of the bidder] as
evidenced by the attached [state the written authority].

We acknowledge that failure to sign each and every page of this Bid Form, including the
attached Schedule of Prices, shall be a ground for the rejection of our bid.

Name:
Legal capacity:
Signature:
Duly authorized to sign the Bid for and behalf of:
Date:

44
Price Schedule for Goods Offered from Abroad
[shall be submitted with the Bid if bidder is offering goods from Abroad]

For Goods Offered from Abroad

Name of Bidder _ Project ID No. Page of

1 2 3 4 5 6 7 8 9

Item Description Country Quantity Unit price CIF Total CIF Unit Price Unit price Total Price
of origin port of entry Delivered Delivered delivered
or CIP
(specify port) or Duty Unpaid Duty Paid DDP
price per
(DDU) (DDP) (col 4 x 8)
CIP named place item

(specify border (col. 4 x


point or place of 5)
destination)

Name:

Legal Capacity:

Signature:

Duly authorized to sign the Bid for and behalf of:

45
Price Schedule for Goods Offered from Within the Philippines
[shall be submitted with the Bid if bidder is offering goods from within the Philippines]

For Goods Offered from Within the Philippines

Name of Bidder Project ID No. Page of

1 2 3 4 5 6 7 8 9 10

Item Description Country Quantity Unit Transportation Sales and Cost of Total Total Price
of origin price and all other other taxes Incidental Price, per delivered
EXW costs incidental payable if Services, if unit Final
per to delivery, per Contract is applicable, Destination
item item awarded, per item (col
per item 5+6+7+8 (col 9) x
) (col 4)

Name:

Legal Capacity:

Signature:

Duly authorized to sign the Bid for and behalf of:

46
Omnibus Sworn Statement (Revised)
[shall be submitted with the Bid]

REPUBLIC OF THE PHILIPPINES )


CITY/MUNICIPALITY OF ) S.S.

AFFIDAVIT

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant],
after having been duly sworn in accordance with law, do hereby depose and state that:

1. [Select one, delete the other:]

[If a sole proprietorship:] I am the sole proprietor or authorized representative of [Name of


Bidder] with office address at [address of Bidder];

[If a partnership, corporation, cooperative, or joint venture:] I am the duly authorized and
designated representative of [Name of Bidder] with office address at [address of Bidder];

2. [Select one, delete the other:]

[If a sole proprietorship:] As the owner and sole proprietor, or authorized representative of
[Name of Bidder], I have full power and authority to do, execute and perform any and all acts
necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name
of the Project] of the [Name of the Procuring Entity], as shown in the attached duly notarized
Special Power of Attorney;

[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 to participate, submit the bid,
and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the
Procuring Entity], as shown in the attached [state title of attached document showing proof of
authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership Resolution, or
Special Power of Attorney, whichever is applicable;)];

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the
Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign
government/foreign or international financing institution whose blacklisting rules have been
recognized by the Government Procurement Policy Board, by itself or by relation,
membership, association, affiliation, or controlling interest with another blacklisted
person or entity as defined and provided for in the Uniform Guidelines on Blacklisting;

4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic


copy of the original, complete, and all statements and information provided therein are true and
correct;

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

6. [Select one, delete the rest:]

[If a sole proprietorship:] The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working

47
Group, and the BAC Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the third civil degree;

[If a partnership or cooperative:] None of the officers and members of [Name of Bidder] is
related to the Head of the Procuring Entity, members of the Bids and Awards Committee
(BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by consanguinity or
affinity up to the third civil degree;

[If a corporation or joint venture:] None of the officers, directors, and controlling stockholders
of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and
Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head
of the Project Management Office or the end-user unit, and the project consultants by
consanguinity or affinity up to the third civil degree;

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

8. [Name of Bidder] is aware of and has undertaken the responsibilities as a Bidder in compliance
with the Philippine Bidding Documents, which includes:

a. Carefully examining all of the Bidding Documents;


b. Acknowledging all conditions, local or otherwise, affecting the implementation of the
Contract;
c. Making an estimate of the facilities available and needed for the contract to be bid, if any;
and
d. Inquiring or securing Supplemental/Bid Bulletin(s) issued for the [Name of the Project].

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount, fee, or
any form of consideration, pecuniary or otherwise, to any person or official, personnel or
representative of the government in relation to any procurement project or activity.

10. In case advance payment was made or given, failure to perform or deliver any of the
obligations and undertakings in the contract shall be sufficient grounds to constitute
criminal liability for Swindling (Estafa) or the commission of fraud with unfaithfulness
or abuse of confidence through misappropriating or converting any payment received by
a person or entity under an obligation involving the duty to deliver certain goods or
services, to the prejudice of the public and the government of the Philippines pursuant to
Article 315 of Act No. 3815 s. 1930, as amended, or the Revised Penal Code.

IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 at


, Philippines.

[Insert NAME OF BIDDER OR ITS AUTHORIZED


REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

48
Republic of the Philippines
BIDS AND AWARDS COMMITTEE
City Government of Pasig

Name of Bidder:

Project Name:

Approved Budget for the


Contract:

Note: For Lot Bidding, specify the


lot number/s that the bidder will
participate on, and its
corresponding ABC
Bidding Date:

Note: Checklist to be filled-up by the BAC only

I. TECHNICAL COMPONENT ENVELOPE FOR THE PROCUREMENT OF GOODS AND


SERVICES

CLASS “A” DOCUMENTS


LEGAL DOCUMENTS PASS FAIL REMARKS
a. Valid PhilGEPS Certificate of
Platinum Registration and
Membership with additional caveat
in accordance with Section 8.5.2 of
the 2016 Revised IRR of RA 9184
amended through GPPB Resolution
No. 15-2021, provided that all of
Class “A” eligibility documents
submitted to PhilGEPS are
maintained and updated
TECHNICAL DOCUMENTS
b. 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
c. 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
d. 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
e. Conformity with the Technical
Specifications, which may include
49
production/delivery schedule,
manpower requirements, and/or
after-sales/parts, if applicable
f. 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,
whichever is applicable, giving full
power and authority to its officer to
sign the OSS and do acts to
represent the Bidder
g. Bid Bulletin/s, if any

FINANCIAL DOCUMENTS
h. 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
CLASS “B” DOCUMENTS
i. If applicable, a duly signed joint
venture agreement (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
OTHER DOCUMENTARY
REQUIREMENTS UNDER RA 9184
(AS APPLICABLE)
j. [For foreign bidders claiming by
reason of their country’s extension
of reciprocal rights to Filipinos]
Certification from the relevant
government office of their country
stating that Filipinos are allowed to
participate in government
procurement activities for the same
item or product
k. Certification from the DTI if the
Bidder claims preference as a
Domestic Bidder or Domestic Entity
l. License to Operate (LTO) from FDA

m. Certificate of Product Registration


FDA
n. Certificate of Good Manufacturing
Practice from FDA
o. PS Quality Certification from Bureau
of Product Standards
p. Analysis result of purity test from
accredited laboratory
q. ISO Certification series 9001:2015

NOTE: Any missing document/s on the above-mentioned checklist is a ground for outright
50
disqualification / rejection of the bid.

TECHNICAL PROPOSAL RATING REMARKS

PASSED

FAILED

II. FINANCIAL COMPONENT ENVELOPE FOR THE PROCUREMENT OF GOODS AND


SERVICES

PASS FAIL REMARKS


r. Original of duly signed and
accomplished Financial Bid
Form
s. Original of duly signed and
accomplished Price
Schedule(s)

NOTE: Any missing document/s on the above-mentioned checklist is a ground for outright
disqualification / rejection of the bid.

FINANCIAL PROPOSAL RATING REMARKS

PASSED

FAILED

ACKNOWLEDGMENT: (Please see above “note” Do not fill up/sign if documents are marked
passed)
This is to acknowledge receipt of the first and second envelopes which are being returned
because of disqualification due to deficiencies and non-compliance with checklist therein.

______________________________________ ________________
Signature Over Printed Name of Representative Date

CHECKED AND VERIFIED BY: SIGNATURE:


ATTY. JOSEPHINE C. LATI-BAGAOISAN
_________________________
Chairperson

ATTY. DIEGO LUIS S. SANTIAGO _________________________


Vice Chairperson

ATTY. RAUL G. CORALDE _________________________


Member

DR. EMMA M. SANCHEZ _________________________


Member

DR. JEANNA V. PLES _________________________


Member

51
ENGR. JOHNNY L. CALATA _________________________
Member

MS. RUTH F. ROMANO _________________________


Member

Attested by:

________________________________________
ATTY. PONCE MIGUEL D. LOPEZ
Officer in Charge, Procurement Management Office

52
Annex C

NFCC COMPUTATION FOR ELIGIBILITY CHECK

A. Summary of the Applicant Supplier’s/Distributor’s/Manufacturer’s assets


and liabilities on the basis of the attached income tax return and audited
financial statement, stamped “RECEIVED” by the Bureau of Internal Revenue
or BIR authorized collecting agent, for the immediately preceding year and a
certified copy of Schedule of Fixed Assets particularly the list of construction
equipment.

Year 20
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Net Worth(1-3)
6. Net Working Capital(2-4)

B. The Net Financial Contracting Capacity (NFCC) based on the above data is
computed as follows:

NFCC= [(Current assets minus current liabilities) (15)] 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 to be bid.

The values of the domestic bidder's current assets and current liabilities shall
be based on the latest Audited Financial Statements (AFS) submitted to the
BIR.

The Bidder shall attach the AFS to the NFCC Computation for
Eligibility Check Form.

NFCC=P

Submitted by:

Name of Supplier/Distributor/Manufacturer:

Signature of Authorized Representative:

Date:

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annex “A”

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