PBD Catering Services ITB No. 2022-132

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PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Procurement of Food
Catering Services
(Caterer)
IB No. 2022-132

Government of the Republic of the Philippines

Sixth
Edition

July 2020

1
Table of Contents

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


Section I. Invitation to Bid……………………………………………………….6
Section II. Instructions to Bidders…………………………………………........10
1. Scope of Bid ………………………………………………………………………. 11
2. Funding Information………………………………………………………………. 11
3. Bidding Requirements ……………………………………………………………. 11
4. Corrupt, Fraudulent, Collusive, and Coercive Practices …………………………... 11
5. Eligible Bidders…………………………………………………………………… 12
6. Origin of Goods ………………………………………………………………….. 12
7. Subcontracts ……………………………………………………………………… 12
8. Pre-Bid Conference ………………………………………………………………. 13
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 ………………………………………………………………… 16
21. Signing of the Contract …………………………………………………………… 17
Section III. Bid Data Sheet ……………………………………………………. 18
Section IV. General Conditions of Contract ……………………...…………. 21
1. Scope of Contract ………………………………………………………………… 22
2. Advance Payment and Terms of Payment ……………………………………….. 22
3. Performance Security ……………………………………………………………. 22
4. Inspection and Tests ……………………………………………………………… 22
5. Warranty …………………………………………………………………………. 23
6. Liability of the Supplier ………………………………………………………….. 23
Section V. Special Conditions of Contract ……………………………………..24
Section VI. Schedule of Requirements ……………………………………........28
Section VII. Technical Specifications …………………………………………..29
Section VIII. Checklist of Technical and Financial Documents ……………...37

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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.

CIP – Carriage and Insurance Paid.

CPI – Consumer Price Index.

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.

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 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])

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

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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])

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

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Republic of the Philippines
Department of Health
CENTRAL OFFICE BIDS AND AWARDS COMMITTEE

INVITATION TO BID
PROCUREMENT OF FOOD CATERING SERVICES (CATERER)
IB NO. 2022-132
1. The Department of Health (DOH), through the General Appropriation Act (GAA) of 2022
intends to apply the sum of Twelve Million Philippine Pesos (PhP12,000,000.00) being the
Approved Budget for the Contract (ABC) to payments under the contract for the Procurement
of Food Catering Services (Caterer) under IB No. 2022-132. Bids received in excess of the
ABC shall be automatically rejected at bid opening.

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 three (3) years from the date of submission and receipt
of bids, a contract similar to the Project, equivalent to at least fifty percent (50%) 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 Updated 2016 Revised Implementing Rules
and Regulations (IRR) of Republic Act (RA) No. 9184.

Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with


at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the
Philippines, and to citizens or organizations of a country the laws or regulations of which grant
similar rights or privileges to Filipino citizens, pursuant to RA 5183.

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.

5. A complete set of Bidding Documents may be acquired by interested Bidders on 11 February


to 09 March 2022 from the given address and website 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 Philippine Pesos (PhP25,000.00). The
Procuring Entity shall allow the bidder to present its proof of payment for the fees be presented
in person.

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.

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6. The DOH will hold a Pre-Bid Conference on 23 February 2022, 10:00AM at the COBAC
Conference Room, Ground Floor, Bldg. 6, Department of Health, Sta. Cruz, Manila, and/or
through video conferencing or webcasting via Webex, which shall be open to prospective
bidders. Interested bidders may contact the COBAC-B Secretariat at this electronic mail (e-
mail) address, [email protected] for details.

7. Bids must be duly received by the COBAC-B 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 March 2022, 9:00AM. 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 March 2022, 9:00AM 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.

10. Electronic submission of bids must be sent via e-mail to [email protected]


provided that it complies with the following conditions:

i. It should be in a clear .PDF/.IMG/.JPG/.TIFF/.GIF/.PNG format, and shall be in


two (2) password protected Bidding Documents in compressed archive folders
pursuant to GPPB Resolution No. 09-2020 and Section 25.1 of the 2016 IRR of
RA 9184;

ii. A generated bid receipt page or email acknowledgement indicating the time of
submission must be secured and printed as a reference;

iii. The documentary requirements are arranged accordingly based on the Eligibility
Checklist using the standard file name indicated therein.

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 Updated 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

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premature opening. (GPPB Resolution No. 09-2020 and Section 25.9 of the 2016
IRR of RA 9184)

Further, once the Community Quarantine 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.

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 Updated 2016 Revised IRR, without thereby incurring any liability to
the affected bidder or bidders.

12. For further information, please refer to:

COBAC-B Secretariat
Department of Health
San Lazaro Compound
Sta. Cruz, Manila
Tel. Nos. 8651-7800 local 1600-1604; 1620-1629; 1649-1654
Facsimile No.: 8740-6830/8711-6061
Official email address: [email protected]

13. You may visit the website listed below:

For downloading of Bidding Documents: https://www.doh.gov.ph/procurement

(Signed)
MAYLENE M. BELTRAN, MPA, CESO III
OIC- Assistant Secretary of Health
COBAC-B Chairperson

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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 Food
Catering Services (Caterer) with identification number IB No. 2022-132

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 2022 in the
amount of Twelve Million Philippine Pesos (PhP12,000,000.00).

2.2. The source of funding is:

a. NGA, the General Appropriations Act.

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 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.

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5.2. 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.

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. For bid
bulletin

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.

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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.

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.

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. Similar to the required authentication above, for
Contracting

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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).

11.2. 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.

11.4. 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 other costs incidental to


delivery of the Goods to their final destination; and

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

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


Section VII (Technical Specifications).
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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
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 Declaration1 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 from the date of Opening of Bids. 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.

1
In the case of Framework Agreement, the undertaking shall refer to entering into contract with the Procuring Entity and furnishing
of the performance security or the performance securing declaration within ten (10) calendar days from receipt of Notice to Execute
Framework Agreement.
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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 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 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 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.

19.4. The Project shall be awarded as follows:

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
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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.

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

a. Food Catering or Concessioner


b. Completed within three (3) years prior to the deadline for the submission
and receipt of bids.

7.1 Subcontracting is not allowed.


12 The price of the Goods shall be quoted DDP, refer to Delivery Site 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 PhP240,000.00 [amount equivalent 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 PhP600,000.00 [amount equivalent to five


percent (5%) of ABC] 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 Twelve Million Philippine Pesos (PhP12,000,000.00). Any bid with a
financial component exceeding each amount shall not be accepted.

Lot Description Qty. Unit Total ABC


No. (Php)
1 Food Catering Services (Caterer) 1 Lot 12,000,000.00

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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
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 in its PhilGEPS Certificate of
Platinum Membership, if applicable;

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).

2) As the possible Single/Lowest Calculated Responsive Bidder (S/LCRB),


please provide the COBAC – B, soft copy in “Word” and in PDF the
Technical Specifications you submitted during the Submission and
Opening of Bids for the above-cited procurement project.

3) All submitted documents during the Submission and Opening of Bids


(original and the two (2) copies) by the S/LCB must be true copies of the
original certified as such by the Bidder’s duly authorized signatory

20.2 Not applicable.


21.2 Not applicable.

20
Section IV. General Conditions of Contract

21
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 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.

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 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,
22
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 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.

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 shall be jointly and severally liable to the
Procuring Entity.

23
Section V. Special Conditions of Contract

24
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
Sites –

MR. RODERICK M. NAPULAN


Director IV
Administrative Service
Department of Health
Building 9, San Lazaro Compound, Rizal Avenue,
Tel No.: 8651-7800 local 2913
Email Address: [email protected]

Incidental Services – Not Applicable.

Delivery and Documentation

1. Delivery Sites shall be the Department of Health Central Office, San


Lazaro Compound, Sta. Cruz, Manila and outside DOH premises in some
instances.

2. Delivery time of the food to be served as follows:

Breakfast – not later than 9:00 AM


AM Snacks - not later than 9:30 AM
25
Lunch - not later than 11:30 AM
PM Snacks - not later than 2:30 PM
Dinner - not later than 5:00 PM

3. Upon delivery of the Concessionaire to the Project Site, the


Concessionaire shall notify the Ordering Office and present the following
documents to the representative of the ordering office:

(i) Original and four copies of the Concessionaire Invoice showing


Goods description, quantity, unit price and total amount;
(ii) Delivery Receipt detailing number and description of items received
signed by the Procuring Entity’s representative at the Project site;
(iii) Certificate of Acceptance/Inspection Report signed by the Ordering
Office’s representative at the Project Site.

3. For purpose of this Clause, the Procuring Entity’s Representative at the


Project Site or activity venue where the food is to be delivered is the
Ordering Office’s Administrative Officer/AO Designate/Authorized
Representative.

FOOD DELIVERY AND TRANSPORTATION

1. The transport of food to the specified place of destination within Metro


Manila, defined as the Project Site shall be arranged by the Food Service
Provider/Caterer and related cost shall be included in the Contract Price.
2. The Procuring Entity accepts no liability for the damages/spoilage of
food during transit.
3. In the event that DOH-Central Office pieces of property or facilities are
destroyed by reason of negligence or intentional conduct of the Food
Service Provider/ Caterer, the DOH may require indemnification
therefore.

TERMS AND CONDITIONS FOR CONTRACT OF SERVICE

1. The Caterer shall bind itself to the following:

a. The agreed upon food items to be served taking into consideration the
type of food, the quality of the food items and all other provisions
stated in this contract
b. The agreed upon support staff needed in the preparation and delivery
or transportation of the food items.
c. The agreed upon supplies and materials in the delivery, provision,
presentation, and disposal of the ordered food items.
d. The agreed upon documents for submission including those for
payments, monitoring and performance evaluation.

2. Bear all expenses in the purchase, preparation and cost of cooking the
26
meals/snacks, etc. to be served in the DOH offices concerned and other
designated areas within DOH premises.

3. Must have their office open for business from 6:00 a.m. to 6:00 p.m.
during weekdays and at such other times/days as may be set by DOH.

4. Provide adequate, efficient and reliable operation and under satisfactory


and sanitary conditions at all times;

5. Prepare and serve a variety of Filipino/Continental dishes to include


appetizers, snacks/merienda, desserts, salads, pastries, etc. which are
economical, nutritious, tasty, safe and clean.

6. Serve DOH employees, including visitors and guests upon sufficient


notice in any of the function/conference rooms and/or offices of the DOH
Central Office and other identified and agreed upon venues within Metro
Manila.

7. Provide meals and snacks during conference/meetings/trainings


exclusively from itself but choices of menu/dishes shall be the
discretion of the Requisitioning/ Ordering Office.

8. In case of delayed payment, the Caterer’s services shall continue and will
not be interrupted despite the said delayed payment of accounts

9. Allow DOH authorized representatives to inspect prices, facilities,


equipment and premises at any time during business hours for the
duration of the effectivity of the Contract to ensure satisfactory and
courteous service, and safe, sanitary and clean facilities in the entire area
(kitchen, stockroom, and its immediate premises).

10. During emergency cases, the DOH can transact with other suppliers if the
Caterer is unable to provide the required services.

11. Have a mutual agreement with DOH that, from time to time each or both
shall conduct surveys to determine whether the Catering services satisfy
the Needs of DOH employees, and that periodic dialogues shall be held
between and/or among the Food Service, Provider/ Caterer, DOH and
its employees to further improve the services.

12. Abide with rules and regulations, policies and guidelines of DOH
encompassing health/ sanitation, safety and security, EnerCon, 5S and
other requirements.

13. Absorb all cost of losses, as well as any damage to facilities provided by
DOH

27
14. Shall not lease, sub-lease or in any manner assign this Contract or any
part hereof

15. The Caterer and its employees shall at all times conduct its business in a
proper orderly manner to the satisfaction of the DOH and shall provide
DOH their contact persons with telephone/cellphone numbers.

2.2 Based on the General Provisions of the GAA of 2022, Section 6.8: Cash
Budgeting System. Appropriations authorized in this Act, including budgetary
support to GOCCs and financial assistance to LGUs, shall be available for
release and obligation for the purpose specified, and under the same general and
special provisions applicable thereto, until December 31, 2023, except for
personnel services which shall be available for release, obligation and
disbursement until December 31, 2022. On the other hand, appropriations for
the statutory shares of LGUs shall be available for release, obligation and
disbursement until appropriations are fully utilized and funds are fully
disbursed.
Likewise, construction of infrastructure projects, delivery of goods and
services, inspection and payment shall be made not later than December 31,
2023.
After the end of the validity period, all unreleased appropriations and
unobligated allotments shall lapse, while unexpended or undisbursed funds
shall revert to the unappropriated surplus of the General Fund in accordance
with Section 28, Chapter 4, 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.
Except for transfers between LGUs, all balances of fund transfers between or
among agencies, instrumentalities, GOCCs and LGUs, which, while obligated
but not actually used, utilized, expended or disbursed to pay for completed
construction, goods delivered, and services rendered, inspected and accepted as
of December 31, 2023, shall revert to the unappropriated surplus of the General
Fund.
TERMS OF BILLING AND PAYMENT

1. The service provider shall be responsible for the submission of the


Concessionaire Invoice, delivery receipt and certificate of acceptance/
inspection signed by the representative of the ordering office to the AS –
GSD;

2. Billings shall be submitted to the AS-GSD every 15th and 30th of the month
and arranged chronologically based on the date and time the order was
received with corresponding unique control numbers per transaction. These
shall then be processed by the AS- GSD once the said required attachments

28
are verified/confirmed. These documentary attachments shall include but
shall not be limited to the following:

From the Concessionaire:


a. Concessionaire Invoice
b. Delivery receipt
c. Statement of Account
d. Signed MPRF

From the DOH Ordering Office:


a. Original Copy of Notice of Meeting and/or Department Personnel
Order (DPO)
b. Original Copy of Attendance Sheet
c. Certification of Availability of Funds (CAF)
d. Attendance Sheet
4 The evaluation activities during contract implementation will include the
following:

a. Ocular inspection to determine the quantity and completeness of the food


delivered in accordance with the menu set in the Schedule of Requirements.

b. Observation before, during and after the training/activity schedule to


determine the quality of service given by the Food Service Provider/ Caterer

c. Surveys among the participants to determine the level of satisfaction of the


participants to the service rendered by the Food Service Provider/Caterer.

29
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.

Lot Description Qty Total ABC (PhP) Delivery Site Delivery Contract
No. Schedule Duration

Food Catering Contract shall


Services commence
Not later than immediately upon
(Caterer): Department of 9:30 A.M. receipt of approved
1.1) 22,500 A.M. Health Central
Snacks Notice to Proceed
Office, San
(NTP) and will end
Lazaro
on 31 December
Compound,
1.2) 30,000 Not later than 2022.
1 1 Lot 12,000,000.00 Rizal Avenue,
Lunch 11:30 A.M.
Sta. Cruz,
Manila and
outside DOH
premises in
1.3) 22,500 P.M. some instances Not later than
Snacks 2:30 P.M.

*Please include the attached Terms of Reference with signature of the authorized
representative as part of the submission of the bid proposal.

_______________________
Signature over Printed Name
[date of signing]

In the capacity of: [title or other appropriate designation]


Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

30
TERMS OF REFERENCE
I. RATIONALE:

The Department of Health, in its mandate of providing quality health services for all Filipinos,
requires catering services to provide for its meal requirements especially during trainings, seminars,
workshops, and other activities that support the aforementioned mandate. To also lead the example of
observing a healthy and well-balanced diet, the Agency requires a catering service provider that can
provide meals that are balanced, healthy, and reasonably priced.

With the recent increase in the prices of basic goods and commodities, there is a need to adjust the
rates of the food or meals to be offered to the Department of Health by the Food Catering Services.
This is in compliance with EO No. 77 the Allowable Rates of Expenses and Allowances for Travels of
Government Personnel and in consonance with the DOH’s own allowable rates for meals per
Department Orders No. 2019-0255 and 2019-0401.

II. OBJECTIVE:
To acquire the services of a Food Caterer to supply/serve quality and healthy food to all DOH
Central Offices at a cost most advantageous to the government.

III. SCOPE OF WORK:

The following are the Scope of work of the Service Provider/ Caterer:

1. Provide any or all the following meals upon receipt of and as indicated in the Meal Provision Request
Form:

1. A.M. Snacks – 22,500 AM Snack Orders


2. Breakfast/Lunch/Dinner –30,000 Orders
3. P.M. Snacks – 22,500 PM Snacks

2. Serve meals with maximum price per set menu that shall not exceed P 450.00/head per day. Each
menu set must contain two (2) snacks (at Php 100.00 each snack) and (1) one lunch (at Php 250.00
per order). Make available flowing coffee/tea/creamer/sugar (brown and white), mineral water at
least commensurate to the number of participants for the entire duration of training/activity. Offered
price shall not exceed the maximum allowable cost per meal based on the previous catering contract
(photocopy of previous food catering contract attached).

Maximum Cost (PhP) inclusive of


packaging, utensils, manpower, Estimated Number of
Food Provision
transportation, equipment use and Pax
any government taxes
AM Snacks 100.00 22,500
Breakfast/Lunch/Dinner 250.00 30,000
PM Snacks 100.00 22,500

Food Provision Time Duration


Breakfast not later than 9:00 a.m.
AM Snacks not later than 9:30 a.m.
Lunch not later than 11:30 a.m.
PM Snacks not later than 2:30 p.m.
Dinner not later than 5:00 p.m.

31
3. Serve lunch following the Pinggang Pinoy food guide on the recommended portioning of food to be
served and shall include at least the following:
3.1. One (1) meat or fish/seafood dish
3.2. Vegetable
3.3. Soup
3.4. Rice
3.5. Dessert preferably available fresh fruits
3.6. Bottled water and or other beverages except soda

4. Serve snacks that shall include the following:


4.1. Traditional Filipino delicacy or noodles/pasta dish or cake/pastry/sandwich
4.2. Bottled water and or other beverages except soda

5. Serve foods that are fresh or newly cooked (at least 2 hours prior to be served).

6. Present and submit a list of at least twelve (12) monthly cycle menus for the approval by the
Administrative Service (AS) a week prior the implementation of the contract. The choice of set menu
can be requested at least seven (7) calendar days by the office concerned before the start of each
training/activity thru written notice from the office concerned signed by the Administrative Officer or
officially designated or authorized representatives provided that the minimum participants is thirty
(30) for all activities within the DOH. Likewise, the request for food to be served by the Service
Provider is up to 4 o’clock pm only of the preceding date of the training/activity.

7. Provide at least the following utensil, equipment, and materials:

a) All kitchen utensils, equipment which are necessary for the serving of food;

b) All kitchen and dining rooms supplies in fine dining standard such as dining wares such as
plates, serving dish, cups, saucers, spoons, forks, knives, drinking glasses and pitchers

c) Two (2) sets of sterilizers for spoons and forks and drinking glasses to safeguard health and
avoid the spread of bacteria and contagious diseases;

d) One (1) unit water dispenser with adequate purified water;

e) All linens minimum of two (2) sets such as tablecloths, table napkins for the
conference/function rooms/offices where Service Provider / Caterer may be needed/requested.

f) All uniform/apron, headdress, gloves of its personnel.

g) Additional equipment, utensils and materials it deems necessary subject to approval of DOH
Catering Committee

8. The service provider shall at all times ensure use of paper based/environment-friendly food
packaging materials in compliance with the National Solid Waste Management Commission
Resolution No. 1363, series of 2020.

IV. PROJECT DURATION

This Contract for the hiring of service provider for food catering of the Department of Health (DOH)
shall commence immediately upon receipt of Notice to Proceed (NTP) and end on December 31,
2022, with contract of service that shall be extendable until such time that the succeeding contract for
a new food catering service provider is awarded or as the need arises.

32
V. IMPLEMENTATION ARRANGEMENTS

A. PROCURING ENTITY – The Department of Health, as the procuring entity for the hiring of a
service provider for food catering, shall be officially represented The Department of Health, as the
procuring entity for the hiring of a service provider for food catering, shall be officially represented
by the Administrative Service- General Services Division (AS-GSD). The said Office shall be
responsible for coordination, management, payments, and performance monitoring of the food
catering service provider. DOH Central Offices ordering food from the Service Provider and
transacting with the concessionaire (food follow ups, changes in food ordered etc.) shall be
authorized to do so through the utilization of the official Meals Provision Request Form or MPRF.

Ma. Jamaica R. San Juan Regina R. Dampil


Administrative Assistant II Administrative Assistant IV
Administrative Service Administrative Service-GSD
Department of Health Department of Health
Tel. No. 8651-7800 loc. 2914/2915 Tel. No. 8651-7800 loc. 2914
Email Address: [email protected] Email Address [email protected]

B. ORDERING – The DOH Central Offices, Bureaus, and Services may order food from the service
provider through the following steps:

1. DOH Central Offices, Bureaus and Services shall fill out the MPRF indicating the date, time,
number of participants, venue of the activity, and type of food ordered (AM, Lunch, or PM and
the preferred menu item such as meat, fish, vegetables dishes etc.).

2. The ordering Office shall then have the MPRF signed and approved by their Administrative
Officer, AO Designate, or Authorized representative and submit the MPRF to the AS-GSD seven
(7) days to one (1) day before the event. Cut Off time for submission of MPRFs shall be 4:00 PM
a day prior to the event.

3. When an activity has been rescheduled or cancelled, the concerned office through its
Administrative Officer, AO Designate, or Authorized Representative, reserves the right to cancel
the catering services upon formal notice (written, email, or via SMS) to the Caterer within 24
Hours prior to the start of the training. In such case, DOH-CO-Offices has no obligation to pay
the supplier the amount corresponding to the cancelled catering service.

4. The Caterer agrees that it will not make use of the premises of the DOH in any manner which
might interfere with the regular operations of the DOH. The use of the foregoing premises for
purpose not expressly permitted herein shall constitute breach of this Contract and is a ground for
termination of this Contract.

5. The Caterer shall not provide any product or service, nor conduct any activity or event unless
clearly specified under this Contract.

6. The Caterer shall maintain a commissary which should be situated within accessible distance
from the DOH during the period of this Contract. Moreover, the Caterer shall ensure the quality
and cleanliness of the food prepared in its commissary.

7. The Caterer shall serve quality (Healthy, balanced, and Fresh) food and beverages.

8. The rates charged for the food supplied/provided shall be based on rate or based on approved
“Contract of Service”

9. The food should be healthy and in support of the Healthy Lifestyle Program of the Department of
Health.

33
10. The Caterer shall secure from DOH the Meals Provision Request Form(MPRF) which will be
executed by the authorized “representative” by the DOH offices and End-Users Units in
requesting or ordering meals/catering services within seven (7) days to one (1) day prior to
activity schedule.

11. When requested or needed by the DOH, the Service Provider/Caterer shall readily provide
catering services as stated in the Meals Provision Request Form (MPRF), during seminars,
trainings, workshops, meetings, conferences, conventions, assemblies, health program launching
and advocacy activities and other similar activities to the DOH offices and units and its clients
whenever needed by the latter upon receipt by the Caterer of an approved order through the use
of Meals Provision Request Form (MPRF) from the authorized “Contact Person” or “
Representative of the DOH of specific offices and units;

12. In case of an emergency meeting or unscheduled meeting in the DOH – Central Office where the
concerned Office was not able to request for food in advance, the concerned Office may purchase
food and this shall be reimbursed by the Service Provider or has the option to provide the meals
at his convenience. The Office concerned shall secure a prior approval from the GSD – AS
which should be given within 1 hour. The Official Receipt for the purchased food shall be
submitted to the GSD – AS and same shall endorse to the Service Provider for reimbursement.
The Service Provider shall deduct 20% of the total cost representing its mark up.

13. Provide to the Department of Health-Administrative Service (DOH-AS) the original copy of
Sales Invoice on a weekly basis or as requested by the Agency, together with the Statement of
Account with specified dates and control number;

14. Furnish the DOH-AS copy of the approved summary of food served, for monitoring purposes;

15. Provide the DOH-AS a Status Report of Outstanding Balances, Sales Invoices, and Statement of
Account per Office monthly;

16. The Service Provider/Caterer shall provide the DOH-AS a Status of Checks received from DOH
Cashier Section for reconciliation purposes every month.

17. The Service Provider/Caterer shall report to the Director DOH-AS for contract implementation,
work coordination, instructions, directives and reports. Letter / Communications shall be coursed
through the aforementioned office.

18. Any injury (e.g. food poisoning) arising from the consumption of food, condiments or drinks
being served, sold or offered for sale by the Service Provider/Caterer at the DOH or during any
event the Service Provider/Caterer is called to cater, or from the operation by the Caterer at DOH
from any act done by its personnel within the DOH premises, shall be the sole liability of the
Service Provider/Caterer concerned. In no case shall DOH be jointly or severally liable for cases
enumerated under this section. Violation of this item will be sufficient cause for the DOH to
terminate the contract with fortitude.

C. DELIVERY AND DOCUMENTATION:

1. Delivery Sites shall be the Department of Health Central Office, San Lazaro Compound, Rizal
Avenue, Sta. Cruz Manila and outside DOH premises in some instances.

2. Delivery time of the food to be served as follows:

Breakfast- not later than 9:00 AM


AM Snacks – not later than 9:30 AM
Lunch – not later than 11:30 AM
PM Snacks – not later than 2:30 PM
Dinner – not later than 5:00 PM
34
3. Upon delivery of the Concessionaire to the Project Site, the Concessionaire shall notify the
Ordering Office and present the following documents to the representative of the ordering office:

(i) Original and four copies of the Concessionaire Invoice showing Goods description,
quantity, unit price and total amount;
(ii) Delivery Receipt detailing number and description of items received signed by the
Procuring Entity’s representative at the Project site;
(iii) Certificate of Acceptance/Inspection Report signed by the Ordering Office’s
representative at the Project Site;

4. For purpose of this Clause, the Procuring Entity’s Representative at the Project Site or activity
venue where the food is to be delivered is the Ordering Office’s Administrative Officer, AO
Designate, or Authorized representative.

D. BILLING & PAYMENT

1. The service provider shall be responsible for the submission of the Concessionaire Invoice,
delivery receipt and certificate of acceptance/inspection signed by the representative of the
ordering office to the AS- GSD;

2. Billings shall be submitted to the AS-GSD every 15th and 30th of the month and arranged
chronologically based on the date and time the order was received with corresponding unique
control numbers per transaction. These shall then be processed by the AS-GSD once the said
required attachments are verified/confirmed. These documentary attachments shall include but
shall not be limited to the following:

From the Concessionaire:


a. Concessionaire Invoice
b. Delivery receipt
c. Statement of Account
d. Signed MPRF

From the DOH Ordering Offices:


a. Original Copy of Notice of Meeting and/or Department Personnel Order (DPO)
b. Original Copy Attendance Sheet
c. Certification of Availability of Fund (CAF)
d. Attendance Sheet

E. FOOD DELIVERY AND TRANSPORTATION

1. The transport of food to the specified place of destination within Metro Manila, defined as the
Project Site, shall be arranged by the Food Service Provider/Caterer and related cost shall be
included in the Contract Price.

2. The Procuring Entity accepts no liability for the damages/spoilage of food during transit.

3. In the event that DOH-Central Office pieces of property or facilities are destroyed by reason of
negligence or intentional conduct of the Food Service Provider/ Caterer, the DOH may require
indemnification therefore.

F. WASTE DISPOSAL

The Service provider shall provide adequate Garbage bags based on the amount of food ordered.
Garbage bags shall be provided for Non-biodegradable (Black Garbage Bags) and biodegradable
waste (Green Garbage Bags).

35
VI. PROCESS OF EVALUATION OF SERVICES RENDERED

1. Ocular inspection to determine the quantity and completeness of the food delivered in
accordance with the menu set in the Schedule of Requirements.

2. Observation before, during and after the training/activity schedule to determine the quality of
service given by the Food Service Provider/ Caterer

3. Surveys among the participants to determine the level of satisfaction of the participants to the
service rendered by the Food Service Provider/Caterer.

VII. TERMS AND CONDITIONS FOR CONTRACT OF SERVICE

1. The Caterer shall bind itself to the following:

a. The agreed upon food items to be served taking into consideration the type of food, the quality of
the food items and all other provisions stated in this contract

b. The agreed upon support staff needed in the preparation and delivery or transportation of the food
items.

c. The agreed upon supplies and materials in the delivery, provision, presentation, and disposal of
the ordered food items.

d. The agreed upon documents for submission including those for payments, monitoring and
performance evaluation.

2. Bear all expenses in the purchase, preparation and cost of cooking the meals/snacks, etc. to be served
in the DOH offices concerned and other designated areas within DOH premises.

3. Must have their office open for business from 6:00 a.m. to 6:00 p.m. during weekdays and at such
other times/days as may be set by DOH.

4. Provide adequate, efficient and reliable operation and under satisfactory and sanitary conditions at all
times.

5. Prepare and serve a variety of Filipino/Continental dishes to include appetizers, snacks/merienda,


desserts, salads, pastries, etc. which are economical, nutritious, tasty, safe and clean.

6. Serve DOH employees, including visitors and guests upon sufficient notice in any of the
function/conference rooms and/or offices of the DOH Central Office and other identified and agreed
upon venues within Metro Manila.

7. Provide meals and snacks during conference/meetings/trainings exclusively from itself but choices of
menu/dishes shall be the discretion of the Requisitioning/ Ordering Office.

8. In case of delayed payment, the Caterer’s services shall continue and will not be interrupted despite
the delayed payment of accounts.

9. Allow DOH authorized representatives to inspect prices, facilities, equipment and premises at any
time during business hours for the duration of the effectivity of the Contract to ensure satisfactory and
courteous service, and safe, sanitary and clean facilities in the entire area (kitchen, stockroom, and its
immediate premises).

10. During emergency cases, the DOH can transact with other suppliers if the Caterer is unable to
provide the required services.

36
11. Have a mutual agreement with DOH that, from time to time each or both shall conduct surveys to
determine whether the Catering services satisfy the Needs of DOH employees, and that periodic
dialogues shall be held between and/or among the Food Service, Provider/ Caterer, DOH and its
employees to further improve the services.

12. Abide with rules and regulations, policies and guidelines of DOH encompassing health/ sanitation,
safety and security, EnerCon, 5S and other requirements.

13. Absorb all cost of losses, as well as any damage to facilities provided by DOH

14. Shall not lease, sub-lease or in any manner assign this Contract or any part hereof

15. The Caterer and its employees shall at all times conduct its business in a proper orderly manner to the
satisfaction of the DOH and shall provide DOH their contact persons with telephone/cellphone
numbers.

VIII. RIGHTS, DUTIES AND OBLIGATION OF THE DOH

1. The DOH shall at all times retain complete control over the DOH Caterer and make necessary
changes, alterations and improvements of services therein. This shall include management of the
ordering process, monitoring and evaluation of the service provider performance, payment processes,
food items served and offered and other processes relating to food ordered by the DOH.

2. The DOH, through the Administrative Service shall regularly inspect and evaluate the Caterer
operations to ensure that the terms and conditions of the Contract are complied with.

3. The DOH, through the AS, shall approve all actions to be undertaken by the Caterer involving any
purposed changes, alterations and improvements to be introduced in the DOH Caterer.

4. The DOH, through the AS, shall ensure timely payment of accounts by each office through
coordination and/ or monitoring.

5. The DOH shall require the Caterer efficient and quality service for the whole duration of this
Contract.

6. The DOH shall sign a Contract of Service (COS) with the Service Provider/Caterer for the
provisions of food during official meetings, seminars, workshops, conferences and other functions of
various Divisions/Offices within DOH Central Office. These activities shall be authorized through
the issuance of Department Personnel Order and Notice of Meeting in accordance with the mandated
functions of respective offices. The full amount to be paid under the terms of the Contract shall be
taken from the funds of the requesting DOH Offices or Units as end-user’s subject to existing
government accounting and auditing rules and regulations.

IX. RIGHTS, DUTIES AND OBLIGATION OF CATERER

a. The application and processing of business permits and licenses that may be required by any
government agency and/or local government unit in the operations and management of the DOH
Caterer shall be the sole responsibility and accountability of, and to be procured at the expense of the
Caterer.

b. The Caterer shall carry out the services specified in this TOR and Contract.

c. The Caterer shall be solely liable for any damages caused to third parties in the course of its
operations, without prejudice to the right of the DOH to institute any action/s for any damages
resulting there from.

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X. QUALIFICATIONS OF THE SERVICE PROVIDER

The Service Provider shall:

1. Have at least three (3) years’ experience in Food Catering or Concessioner.

2. Have a current and valid Business Permit as Food Caterer or Concessioner.

3. Have a current and valid Sanitary Permit

4. Have at least two (2) owned or contracted air-conditioned transport vehicle.

5. Have an Office/Shop within Ten (10) kilometer radius or easily accessible to food delivery
vehicles going to and coming from the DOH Central Office.

6. Have a complete set of the following for food catering:

i. Kitchen utensils and equipment

ii. Dining wares such as plates, serving dish, cups, saucers, spoons, forks, knives, drinking glasses
and pitchers

iii. At least two (2) sets of sterilizers for spoons and forks and drinking glasses to safeguard health
and avoid the spread of bacteria and contagious diseases.

iv. At least two (2) unit water dispenser with adequate purified water.

v. At least two (20) linen sets such as tablecloths, table napkins for the conference/function
rooms/offices where Service Provider / Caterer may be needed/requested.

7. Have at least one (1) Registered Nutritionist Dietician that will plan balanced and specialized diets
(e.g Muslim Participants)

8. Have experienced personnel in food handling and catering.

9. Have at least 20 list of menus to be served.

XI. ADDITIONAL REQUIREMENTS:

1. Company Profile;
2. List of retained client for the past two (2) years;
3. Proof of lease or ownership property;
4. Current and Valid Sanitary Permit;
5. Lists of personnel indicating their names, designation, profession, length of service in the
company together with the training attended. To include proof of training attended/training
certificate on food handling and food sanitation;
6. List of Equipment (i.e Dining wares, Kitchen Utensils, etc.);
7. OR/CR of owned or contracts of at least two (2) contracted or owned service air-conditioned
transport vehicle;
8. Current and Valid Health Certificate of all Employees managing the catering services of the
caterer;
9. Company’s Health Permit;
10. Other permits/ required documents such as pertinent food handling training certifications
(Halal, Vegan, etc.);
11. Site visit shall be undertaken by the COBAC and/ or duly constituted TWG to validate claims
and documents submitted by the LCB during post- qualification; and,
12. Sworn Statement using prescribed forms.
38
XII. PENALTY PROVISIONS

1. The Department of Health (DOH) shall have a survey/feedback form distributed to


the office availing the services of a Service Provider/Caterer which will be submitted
to Administrative Service after each service made. Any negative feedback shall be
endorsed to the Service Provider/ Caterer for comment and action for improvement.
The following penalties shall be imposed to the Service Provider/ Caterer to have
committed offenses:

2. For Minor Offenses (i.e failure to provide food on time as requested, serving a
tasteless food, food/rice not perfectly cook, uncourteous personnel, and other issues
relative to the contract):
1st offense – Warning and for corrective action to avoid repetition.
2nd offense – P10, 000.00 to be deducted from the billing.
3rd offense – Rescission of the contract plus forfeiture of the Performance security

3. For Major Offenses (i.e. poisoning, presence of any bugs or deadly object in the food,
and other issues that endanger the health and safety of a person)
a. Rescission of the contract; and
b. Forfeiture of the performance security
c. Other penalties applicable thereof that will be imposed by Court etc.

_______________________
Signature over Printed Name
[date of signing]
In the capacity of: [title or other appropriate designation]
Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

39
Section VII. Technical Specifications

40
Technical Specifications
Item Specification Statement of Compliance

[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. 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.]

41
Technical Specifications
Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Lot No. 1 Food Catering Services: Qty / Unit 1 lot
1. 22,500 A.M Snacks
2. 30,000 Lunch
3. 22,500 P.M. Snacks
ABC: PhP12,000,000.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
I. The Service Provider should have the
ability to comply with the following
specifications/ requirements:
1. Provide any or all of the following
meals upon receipt of and as indicated
in the Meal Provision Request Form:

a) A.M. Snacks–22,500 AM Snack


Orders
b) Breakfast / Lunch / Dinner – 30,000
Orders
c) P.M. Snacks – 22,500 PM Snacks

2. Serve meals with maximum price per set


menu that shall not exceed P
450.00/head per day. Each menu set
must contain two (2) snacks (at Php
100.00 each snack) and (1) one lunch (at
Php 250.00 per order). Make available
flowing coffee/tea/creamer/sugar (brown
and white), mineral water at least
commensurate to the number of
participants for the entire duration of
training/activity. Offered price shall not
exceed the maximum allowable cost per
meal based on the previous catering
contract (photocopy of previous food
catering contract attached).

Maximum Cost
(PhP) inclusive
of packaging,
utensils, Estimated
Food
manpower, Number of
Provision
transportation, Pax
equipment use
and any
government taxes
AM Snacks 100.00 22,500
Breakfast/
250.00 30,000
Lunch/ Dinner
42
Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Lot No. 1 Food Catering Services: Qty / Unit 1 lot
1. 22,500 A.M Snacks
2. 30,000 Lunch
3. 22,500 P.M. Snacks
ABC: PhP12,000,000.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
PM Snacks 100.00 22,500

Food
Time Duration
Provision
Breakfast not later than 9:00 a.m.
AM Snacks not later than 9:30 a.m.
Lunch not later than 11:30 a.m.
PM Snacks not later than 2:30 p.m.
Dinner not later than 5:00 p.m.

3. Serve lunch following the Pinggang Pinoy


food guide on the recommended portioning
of food to be served and shall include at least
the following:
a. One (1) meat or fish/seafood dish
b. Vegetable
c. Soup
d. Rice
e. Dessert
f. Bottled water and or other beverages
except soda

4. Serve snacks that shall include the


following:
a. Traditional Filipino delicacy or
noodles/pasta dish or cake/
pastry/sandwich
b. Bottled water and or other beverages
except soda

5. Serve foods that are fresh or newly


cooked (at least 2 hours prior to be
served).

6. Present and submit a list of at least


twelve (12) monthly cycle menus for
the approval by the Administrative
Service (AS) a week prior the
implementation of the contract. The
choice of set menu can be requested at
least seven (7) calendar days by the
office concerned before the start of each
43
Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Lot No. 1 Food Catering Services: Qty / Unit 1 lot
1. 22,500 A.M Snacks
2. 30,000 Lunch
3. 22,500 P.M. Snacks
ABC: PhP12,000,000.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
training/activity thru written notice from
the office concerned signed by the
Administrative Officer or officially
designated or authorized representatives
provided that the minimum participants
is thirty (30) for all activities within the
DOH. Likewise, the request for food to
be served by the Service Provider is up
to 4 o’clock pm only of the preceding
date of the training/activity.

7. Provide at least the following utensil,


equipment, and materials:
a) All kitchen utensils, equipment
which are necessary for the serving
of food.
b) All kitchen and dining rooms
supplies in fine dining standard such
as dining wares such as plates,
serving dish, cups, saucers, spoons,
forks, knives, drinking glasses and
pitchers
c) Two (2) sets of sterilizers for spoons
and forks and drinking glasses to
safeguard health and avoid the
spread of bacteria and contagious
diseases.
d) One (1) unit water dispenser with
adequate purified water.
e) All linens minimum of two (2) sets
such as tablecloths, table napkins for
the conference/ function rooms/
offices where Service Provider /
Caterer may be needed/requested.
f) All uniform/apron, headdress, gloves
of its personnel.
g) Additional equipment, utensils and
materials it deems necessary subject
to approval of DOH Catering
Committee

8. The Service Provider shall at all times


44
Republic of the Philippines
Department of Health

TECHNICAL SPECIFICATIONS
Lot No. 1 Food Catering Services: Qty / Unit 1 lot
1. 22,500 A.M Snacks
2. 30,000 Lunch
3. 22,500 P.M. Snacks
ABC: PhP12,000,000.00
PURCHASER’S SPECIFICATION STATEMENT OF COMPLIANCE
ensure use of paper based/
environmental-friendly food packaging
materials in compliance with the
National Solid Waste Management
Commission Resolution No. 1363, series
of 2020.
III. Additional Requirements to be attached to Technical Specifications form arranged,
numbered and tabbed as enumerated below:

1. Company Profile;
2. List of retained client for the past two (2) years;
3. Proof of lease or ownership property;
4. Current and Valid Sanitary Permit;
5. Lists of personnel indicating their names, designation, profession, length of service
in the company together with the training attended. To include proof of training
attended/training certificate on food handling and food sanitation;
6. List of Equipment (i.e Dining wares, Kitchen Utensils, etc.);
7. OR/CR of owned or contracts of at least two (2) contracted or owned service air
conditioned transport vehicle;
8. Current and Valid Health Certificate of all Employees managing the catering
services of the caterer;
9. Company’s Health Permit;
10. Other permits/ required documents such as pertinent food handling training
certifications (Halal, Vegan, etc); and,
11. Sworn Statement using the prescribed form.
IV. Additional Requirement for the Single/Lowest Calculated Bidder (S/LCB) as part
of post qualification:

1. Site/ocular inspection.

_______________________
Signature over Printed Name
[date of signing]
In the capacity of: [title or other appropriate designation]
Duly authorized to sign bid for and on behalf of: [Name of Company]
[Complete office address]
[Contact No.]
[Fax No.]
[Email Address]

45
Section VIII. Checklist of Technical and
Financial Documents

46
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) in
accordance with Section 8.5.2 of the IRR;

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 and Schedule of Requirements
which may include production/delivery schedule, manpower requirements,
and/or after- sales/parts, 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.

Note: In consideration of the limited access to financial institutions,


regulatory and other offices, as well as the implementation of government
restrictions on transport and travel, submission of Unnotarized Bid
Securing Declaration and Omnibus Sworn Statement are acceptable for
procurement activities during a State of Calamity, or implementation of
community quarantine or similar restrictions declared or being
implemented either in the locality of the PE or of the Bidder, subject to
compliance therewith after award of contract but before payment (GPPB
Circular 09-2020)
47
Financial Documents
⬜ (g) 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


⬜ (h) 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)


⬜ (i) [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.
⬜ (j) Certification from the DTI if the Bidder claims preference as a Domestic
Bidder or Domestic Entity.

II. FINANCIAL COMPONENT ENVELOPE


⬜ (a) Original of duly signed and accomplished Financial Bid Form; and
⬜ (b) Original of duly signed and accomplished Price Schedule(s).

III. ADDITIONAL DOCUMENTARY REQUIREMENTS TO BE ATTACHED IN


THE TECHNICAL SPECIFICATIONS FORM

⬜ (a) Company Profile;


⬜ (b) List of retained client for the past two (2) years;
⬜ (c) Proof of lease or ownership property;
⬜ (d) Current and Valid Sanitary Permit;
⬜ (e) Lists of personnel indicating their names, designation, profession, length of service in
the company together with the training attended. To include proof of training
attended/training certificate on food handling and food sanitation;
⬜ (f) List of Equipment (i.e Dining wares, Kitchen Utensils, etc.);
⬜ (g) OR/CR of owned or contracts of at least two (2) contracted or owned service air
conditioned transport vehicle;
⬜ (h) Current and Valid Health Certificate of all Employees managing the catering services
of the caterer;

48
⬜ (i) Company’s Health Permit;
⬜ (j) Other permits/ required documents such as pertinent food handling training
certifications (Halal, Vegan, etc); and,
⬜ (k) Sworn Statement using the prescribed form.

Note:

1) Please refer to https://doh.gov.ph/sites/default/files/basic-page/COBAC-Sample-Forms.pdf


for the following requirements:

a) Sworn Statement;
b) Computation of NFCC;
c) Manufacturer's Authorization (if applicable);
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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