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Philippine bidding documents

PHILIPPINE BIDDING DOCUMENTS

Procurement of Goods
Procurement of Various Batangas State University Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) REPUBLIC OF THE PHILIPPINES BATANGAS STATE UNIVERSITY
SECTION I
INVITATION TO BID
PROCUREMENT OF VARIOUS MEDICINES
1. The Batangas State University, intends to apply the sum of Eight Hundred Eighty
Four Thousand Three Hundred Eighty Two Pesos (Php 884,382.00) being the
Approved Budget for the Contract (ABC) to payments under the contract for Procurement of Various Medicines. Bids received in excess of the ABC shal be
automatical y rejected at bid opening. 2. The Batangas State University now invites bids for Procurement of Various
Medicines. 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 Instruction to Bidders.
3. Bidding will be conducted through open competitive bidding procedures using non- discretionary pass/fail criterion as specified in the Revised Implementing Rules and Regulations (IRR) of Republic Act 9184 (RA 9184). 4. Interested bidders may obtain further information from Batangas State University and inspect the Bidding Documents at the BAC Office, Ground Floor, ITE Building from 8:00 AM to 5:00 PM, or download it from PhilGEPS or from Batangas State University Webs provided the bidders shall pay the fee for the bidding documents upon submission of their bids. A complete set of Bidding Documents may be purchased by interested Bidders from the above mentioned address starting March 30, 2015, until the deadline for submission and receipt of
bids and upon submission of letter of intent and payment of a nonrefundable fee for
the Bidding Documents in the amount of One Thousand Pesos (Php 1,000.00).

5. Bids must be delivered to the above-mentioned address on April 24, 2015, 9:00-
10:00AM Opening of bids will fol ow at 10:00 AM. Al bids must be accompanied by a
bid security in any of the acceptable forms and in the amount stated in ITB Clause 18. Bids will be opened in the presence of the bidders' representatives who choose to attend at the address below. Late bids shal not be accepted. 6. The Batangas State University reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to contract award, without thereby incurring any liability to the affected bidder or bidders. For further information, please refer to: Page 1 of 2
Invitation to Bid Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) BAC Office, Ground Floor, ITE Building Batangas State University Dr. Jessie A. Montalbo BAC Chairman Tel. No. 300-2202 loc.102 Email: [email protected] Page 2 of 2
Invitation to Bid Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) SECTION II
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
6. Bidders Responsibilities………………………………………….………………………………. 6 B. CONTENTS OF BIDDING DOCUMENTS………………………………………………………………………… 8
Pre Bid Conference…………………………………………………………………………………… 8 larification and Amendment of Bidding Document…………………………………… 8 Language of Bids………………………………………………………………………………………. 9 Dcouments Comprising the Bid: Eligibility and Technical Components………. 9 Documents Comprising the Bid: Financial Component………………………………. 10 Alternative Bids………………………………………………………………………………….…… 11 Bid Prices………………………………………………………………………………………………… 11 Bid Currencies ………………………………………………………………………………………….12 17. Bid Validity ……………………………………………………………………………………………. 12 Bid Security ……………………………………………………………………………………………. 12 Format and Signing of Bids……………………………………………………………………… 14 Sealing and Marking of Bids …………………………………………………………………….14 SUBMISSION AND OPENING OF BIDS ……………………………………………………. 15
Deadline for Submission of Bids………………………………………………………………. 15 Late Bids …………………………………………………………………………………………………. 15 Modification and Withdrawal of Bids………………………………………………………… 15 Opening and Preliminary Examination of Bids …………………………………………… 16 EVALUATION AND COMPARISON OF BIDS………………………………………………. 17
Process to be Confidential …………………………………………………………………………17 Page 1 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Clarification of Bids ………………………………………………………………………………… 17 Detailed Evaluation and Comparison of Bids ……………………………………………. 17 Post Qualification ……………………………………………………………………………………. 18 Reservation Clause …………………………………………………………………………………. 18 AWARD OF CONTRACT …………………………………….……………………………… 19
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Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Scope of Bid
The Procuring Entity as defined in the BDS, invites bids for the construction of
Works, as described in Section VI-Specifications. The name and identification number of the Contract is provided in the BDS.
The successful bidder will be expected to complete the Works by the intended completion date specified in SCC Clause 1.16
Source of Funds
The Procuring Entity has a budget or has applied for or received funds from the Funding
Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of
the funds received for the Project, as defined in the BDS, to cover eligible payments under
the Contract for the Works. Corrupt, Fraudulent, Collusive, and Coercive Practices
3.1.
Unless otherwise specified in the BDS, the Procuring Entity, as well as bidders and contractors, shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the Funding Source: (a) defines, for purposes of this provision, the terms set forth below as follows: (i) "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Procuring Entity, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019; "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after Bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition; "collusive practices" means a scheme or arrangement between two or more bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels; "coercive practices" means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a "obstructive practice" is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign Page 3 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or (bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded Contract funded by the Funding Source if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing or, or in executing, a Contract funded by the Funding Source. Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under the applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause
Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a contractor in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 34.
Conflict of Interest
4.1.
All bidders found to have conflicting interests shal be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (g) below: (a) A Bidder has controlling shareholders in common with another Bidder; A Bidder receives or has received any direct or indirect subsidy from any A Bidder has the same legal representative as that of another Bidder for purposes of this Bid; A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project; A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; Page 4 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) A Bidder who participated as a consultant in the preparation of the design or technical specifications of the goods and related services that are the subject A Bidder who lends, or temporary seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the bidder, this Clause shall apply to the following persons: (a) If the Bidder is an individual or a sole proprietorship, to the Bidder himself; If the Bidder is a partnership, to all its officers and members; If the Bidder is a corporation, to all its officers, directors, and controlling stockholders; and If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate. Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder. Eligible Bidders
5.1.
Unless otherwise indicated in the BDS, the following persons shall be eligible to participate in this Bidding: (a) Duly licensed Filipino citizens/sole proprietorships; Partnerships duly organized under the laws of the Philippines and of which at least seventy five percent (75%) of the interest belongs to citizens of the Corporations duly organized under the laws of the Philippines, and of which at least seventy five percent (75%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized under the laws of the Philippines, and of which at least seventy five percent (75%) of the interest belongs to citizens of the Philippines; and Persons/entities forming themselves into a JV, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that, in accordance with Letter of Instructions No. 630, Filipino ownership or interest of the joint venture concerned shall be at least seventy five percent (75%): Provided, further, that joint ventures in which Filipino ownership or interest is less than seventy five percent (75%) may be eligible where the structures to be built require the application of techniques and/or technologies which are not adequately possessed by a person/entity meeting the seventy five percent (75%) Filipino ownership requirement: Provided, finally, that in the latter case, Filipino ownership or interest shall not be less than twenty five percent (25%). For this purpose Filipino ownership or interest shall be based on the Page 5 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) contributions of each of the members of the joint venture as specified in their The Procuring Entity may also invite foreign bidders when provided for under any Treaty or International or Executive Agreement as specified in the BDS.
Government Corporate Entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring (a) Unless otherwise provided in the BDS, the Bidder must have an experience of
having completed at least one (1) contract that is similar to this project, equivalent to at least fifty percent (50%) of the ABC adjusted to current prices using the National Statistics Office consumer price index. However, contractors under Small A and Small B categories without similar experience on the contract to be bid may be allowed to bid if the cost of such contract is not more than fifty percent (50%) of the Al owable Range of Contract Cost (ARCC) of their registration based on the guidelines as prescribed by PCAB. (b) For Foreign-funded Procurement, the Procuring Entity and the foreign government/foreign or international financing institution may agree on another track record requirement, as specified in the BDS.
For this purpose, contracts similar to the Project shall be those described in the BDS,
and completed within the period stated in the Invitation to Bid and ITB Clause
The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC), which must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than The values of the bidder's current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS). Bidder's Responsibilities
6.1.
The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section IX Bidding Forms as required in ITB Clause
The Bidder is responsible for the following: (a) Having taken steps to carefully examine al of the Bidding Documents; Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract; Having made an estimate of the facilities available and needed for the contract to be bid, if any; Having complied with its responsibility to inquire or secure Supplemental/Bid Bul etin/s as provided under ITB Claus
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Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Ensuring that it is not "blacklisted" or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB; Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify all the documents submitted; Ensuring that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary's Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture; Complying with the disclosure provision under Section 47 of the Act in relation to other provisions of Republic Act 3019; and Complying with existing labor laws and standards, if applicable. Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned. The Bidder, by the act of submitting its bid, shall be deemed to have inspected the site, determined the general characteristics of the contract works and the conditions for this Project and examine all instructions, forms, terms, and project requirements in the Bidding Documents. It shall be the sole responsibility of the prospective bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to this Project, including: (a) the location and the nature of the contract, project, or work; (b) climatic conditions; (c) transportation facilities; (c) nature and condition of the terrain, geological conditions at the site communication facilities, requirements, location and availability of construction aggregates and other materials, labor, water, electric power and access roads; and (d) other factors that may affect the cost, duration and execution or implementation of the contract, project, or work. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity. Before submitting their bids, the Bidders are deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect the contract in any way. The Bidder shall bear all costs associated with the preparation and submission of his bid, and the Procuring Entity will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. Bidders should note that the Procuring Entity will only accept bids only from those that have paid the nonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid. Origin of GOODS and Services
There is no restriction on the origin of Goods, or Contracting of Works or Services other than
those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. Page 7 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Unless otherwise specified in the BDS, the Bidder may subcontract portions of the
Works to an extent as may be approved by the Procuring Entity and stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any
liability or obligation that may arise from the contract for this Project. Subcontractors must submit the documentary requirements under ITB Clause
and comply with the eligibility criteria specified in the BDS. In the event that any
subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Works shall be disallowed. The Bidder may identify the subcontractor to whom a portion of the Works will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component Contents of Bidding Documents
Pre-Bid Conference
9.1.
(a) If so specified in the BDS, a pre-bid conference shall be held at the venue and on
the date indicated therein, to clarify and address the Bidders' questions on the technical and financial components of this Project. (b) The pre-bid conference shal be held at least twelve (12) calendar days before the deadline for the submission of and receipt of bids. If the Procuring Entity determines that, by reason of the method, nature, or complexity of the contract to be bid, or when international participation will be more advantageous to the GOP, a longer period for the preparation of bids is necessary, the pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids, as specified in the BDS.
Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity's requirements. Non-attendance of the Bidder wil in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents as recorded in the minutes of the pre- bid conference and the Supplemental/Bid Bulletin. Any statement made at the pre-bid conference shall not modify the terms of the bidding documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin. 10. Clarification and Amendment of Bidding Documents
10.1. Bidders who have purchased the Bidding Documents may request for clarification(s) on any part of the Bidding Documents or for an interpretation. Such a request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and
receipt of Bids. 10.2. Supplemental/Bid Bulletins may be issued upon the Procuring Entity's initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of Bids. Any modification to the Bidding Documents shall be identified as an 10.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. Unless, otherwise provided in the BDS, it shall be the responsibility of all Bidders who secure the Bidding Documents to
inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. Page 8 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) However, bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Claus
Preparation of Bids
11. Language of Bids
The Bid, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Procuring Entity, shall be written in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern, for purposes of interpretation of the Bid. 12. Documents Comprising the Bid: Eligibility and Technical Components
12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the following
eligibility and technical documents: (a) Eligibility Documents – Class "A" Documents: (i) Registration certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives, or any proof of such registration as stated in the BDS;
Mayor's permit issued by the city or municipality where the principal place of business of the prospective bidder is located; Statement of all its ongoing and completed government and private contracts within ten (10) years from the submission of bids, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following: (iii.1) name of the contract; (iii.2) date of the contract; (iii.3) contract duration; (iii.4) owner's name and address; (iii.5) nature of work; (iii.6) contractor's role (whether sole contractor, subcontractor, or partner in a JV) and percentage of participation; (iii.7) total contract value at award; (iii.8) date of completion or estimated completion time; (iii.9) total contract value at completion, if applicable; (iii.10) percentages of planned and actual accomplishments, if (iii.11) value of outstanding works, if applicable; (iii.12) the statement shall be supported by the notices of award and/or notices to proceed issued by the owners; and the statement shall be supported by the Owner's Certificate of Final Acceptance or the Certificate of Completion and, whenever applicable, Page 9 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) the Constructors Performance Evaluation System (CPES) Final Rating, which must be satisfactory; Unless otherwise provided in the BDS, valid Philippine Contractors
Accreditation Board (PCAB) license and registration for the type and cost of the contract for this Project; Audited financial statements, showing, among others, the prospective total and current assets and liabilities, stamped "received" by the BIR or its duly accredited and authorized institutions, for the preceding calendar year which should not be earlier than two (2) years from the date of bid submission; (vii) NFCC computation in accordance with ITB Claus (viii) Tax Clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR. Class "B" Document: (ix) If applicable, valid Joint Venture Agreement (JVA) or, in lieu thereof, 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 shall be included in Technical Documents – (i) Bid security as prescribed in ITB Clause If the Bidder opts to
submit the bid security in the form of: (i.1) a bank draft/guarantee or an irrevocable letter of credit issued by a foreign bank, it shall be accompanied by a confirmation from a Universal or Commercial Bank; or (i.2) a surety bond accompanied by a certification coming from an authorized Insurance Commission that a surety or insurance company is authorized to issue such instrument; Project Requirements, which shall include the following: (ii.1) Organizational chart for the contract to be bid; (ii.2) List of contractor's personnel (viz, project Manager, Project Engineers, Materials Engineers, and Foremen), to be assigned to the contract to be bid, with their complete qualification and experience data; and (ii.3) List of contractor's equipment units, which are owned, leased, and/or under purchase agreements, supported by certification of availability of equipment from the equipment lessor/vendor for the duration of the project; and Sworn statement in accordance with Section 25.2(b)(iv) of the IRR of RA 9184 and using the form prescribed in Section IX-Bidding Forms. 13. Documents Comprising the Bid: Financial Component
13.1. Unless otherwise stated in the BDS, the financial component of the bid shall contain
the following: (a) Financial Bid Form in accordance with the form prescribed in Section IX- Bidding Forms; and Page 10 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Any other document related to the financial component of the bid as stated in Unless indicated in the BDS, all Bids that exceed the ABC shall not be
Unless otherwise indicated in the BDS, for foreign-funded procurement, a
ceiling may be applied to bid prices provided the following conditions are met: (i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the procuring entity, payment could be made upon the submission of bids. (ii) The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the engineer or the responsible unit of the procuring entity and that the estimates are based on adequate detailed engineering (in the case of works) and reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be (iii) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. In the case of infrastructure projects, the procuring entity must also have trained quantity surveyors. (iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer's/procuring entity's estimate. (v) The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works. 14. Alternative Bids
14.1. Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate 14.2. Bidders shall submit offers that comply with the requirements of the Bidding Documents, including the basic technical design as indicated in the drawings and specifications. Unless there is a value engineering clause in the BDS, alternative bids
shall not be accepted. 14.3. Each Bidder shall submit only one Bid, either individual y or as a partner in a JV. A Bidder who submits or participates in more than one bid (other than as a subcontractor if a subcontractor is permitted to participate in more than one bid) will cause all the proposals with the Bidder's participation to be disqualified. This shall be without prejudice to any applicable criminal, civil and administrative penalties that may be imposed upon the persons and entities concerned. 15. Bid Prices
15.1. The contract shall be for the whole Works, as described in ITB Clausased on
the priced Bill of Quantities submitted by the Bidder. 15.2. The Bidder shall fill in rates and prices for all items of the Works described in the Bil of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required Page 11 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) item is provided, but no price is indicated, the same shal be considered as non- responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Government. 15.3. All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, prior to the deadline for submission of bids, shall be included in the rates, prices, and total bid price submitted by the Bidder. 15.4. All bid prices for the given scope of work in the contract as awarded shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances as specified in GCC Clause 48. Price escalation may be allowed in extraordinary circumstances as may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the Procuring Entity. Furthermore, in cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regulations, or other acts of the GOP, promulgated after the date of bid opening, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis. 16. Bid Currencies
16.1. All bid prices shall be quoted in Philippine Pesos unless otherwise provided in the BDS. However, for purposes of bid evaluation, bids denominated in foreign
currencies shall be converted to Philippine currency based on the exchange rate prevailing on the day of the Bid opening. 16.2. If so allowed in accordance with ITB Claus the Procuring Entity for purposes of
bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening. 16.3. Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos. 17. Bid Validity
17.1. Bids shall remain valid for the period specified in the BDS which shall not exceed one
hundred twenty (120) calendar days from the date of the opening of bids. 17.2. In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clausshould also be extended corresponding to the extension of the bid
validity period at the least. A Bidder may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the request shall not be required or permitted to modify its bid. 18. Bid Security
18.1. The bid security in the amount stated in the BDS shall be equal to the percentage of
the ABC in accordance with the following schedule: Amount of Bid Security Form of Bid Security (Equal to Percentage of the ABC) Cash or cashier's/manager's check issued by a Universal or Two percent (2%) Commercial Bank. Page 12 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a Surety bond cal able upon demand issued by a surety or insurance company duly certified by the Insurance Commission as Five percent (5%) authorized to issue such security; Any combination of the foregoing. Proportionate to share of form with respect to total amount of security Bid Securing Declaration No percentage required For biddings conducted by local government units, the Bidder may also submit bid securities in the form of cashier's/manager's check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement. 18.2. The bid security should be valid for the period specified in the BDS. Any bid not
accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive. 18.3. No bid securities shal be returned to bidders after the opening of bids and before contract signing, except to those that failed or declared as post-disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. Without prejudice on its forfeiture, Bid Securities shall be returned only after the bidder with the Lowest Calculated Responsive Bid has signed the contract and furnished the Performance Security, but in no case later than the expiration of the Bid Security validity period indicated in ITB Claus
18.4. Upon signing and execution of the contract, pursuant to ITB Clauseand the
posting of the performance security, pursuant to ITB Clause the successful
Bidder's Bid security wil be discharged, but in no case later than the Bid security validity period as indicated in ITB Claus
18.5. The bid security may be forfeited: if a Bidder: (i) withdraws its bid during the period of bid validity specified in ITB
does not accept the correction of errors pursuant to ITB Clause
fails to submit the requirements within the prescribed period, or a finding against their veracity, as stated in ITB Clau submission of eligibility requirements containing false information or falsified documents; Page 13 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) submission of bids that contain false information or falsified documents, or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding; allowing the use of one's name, or using the name of another for purposes of public bidding; (vii) withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the Lowest Calculated and Responsive Bid; (viii) refusal or failure to post the required performance security within the prescribed time; refusal to clarify or validate in writing its bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification; any documented attempt by a bidder to unduly influence the outcome of the bidding in his favor; failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful; or (xii) all other acts that tend to defeat the purpose of the competitive bidding, such as habitually withdrawing from bidding, submitting late Bids or patently insufficient bid, for at least three (3) times within a year, except for valid reasons. if the successful Bidder: (i) fails to sign the contract in accordance with ITB Claus
fails to furnish performance security in accordance with ITB Clause
19. Format and Signing of Bids
19.1. Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section IX-Bidding Forms on or before the deadline specified in the ITB Clausin two (2) separate sealed bid envelopes, and
which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause
and the second shall contain the financial component of the bid. 19.2. Forms as mentioned in ITB Clausemust be completed without any alterations to
their format, and no substitute form shall be accepted. All blank spaces shall be filled in with the information requested. 19.3. The Bidder shall prepare an original of the first and second envelopes as described in ITB ClausesandIn addition, the Bidder shall submit copies of the first and
second envelopes. In the event of any discrepancy between the original and the copies, the original shall prevail. 19.4. The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Bidder. 19.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidder. 20. Sealing and Marking of Bids
Page 14 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) 20.1. Bidders shall enclose their original eligibility and technical documents described in ITB Clause n one sealed envelope marked "ORIGINAL - TECHNICAL
COMPONENT", and the original of their financial component in another sealed envelope marked "ORIGINAL - FINANCIAL COMPONENT", sealing them all in an outer envelope marked "ORIGINAL BID". 20.2. Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as "COPY NO. _ - TECHNICAL COMPONENT" and "COPY NO. _ – FINANCIAL COMPONENT" and the outer envelope as "COPY NO. _", respectively. These envelopes containing the original and the copies shall then be enclosed in one single envelope. 20.3. The original and the number of copies of the Bid as indicated in the BDS shall be
typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s. 20.4. All envelopes shall: contain the name of the contract to be bid in capital letters; bear the name and address of the Bidder in capital letters; be addressed to the Procuring Entity's BAC identified in ITB Claus
bear the specific identification of this bidding process indicated in the Invitation to Bid; and bear a warning "DO NOT OPEN BEFORE…" the date and time for the opening of bids, in accordance with ITB Clause
20.5. If bids are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid. Submission and Opening of Bids
21. Deadline for Submission of Bids
Bids must be received by the Procuring Entity's BAC at the address and on or before the date and time indicated in the BDS.
22. Late Bids
Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause hall be declared "Late" and shall not be
accepted by the Procuring Entity. 23. Modification and Withdrawal of Bids
23.1. The Bidder may modify its bid after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as "TECHNICAL MODIFICATION" or "FINANCIAL MODIFICATION" and stamped "received" by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder 23.2. A Bidder may, through a letter of withdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that the letter of withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. 23.3. Bids requested to be withdrawn in accordance with ITB Clausshall be returned
unopened to the Bidders. A Bidder may also express its intention not to participate Page 15 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shal not be permitted to submit another bid, directly or indirectly, for the same contract. 23.4. No bid may be modified after the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder's bid security, pursuant to ITB Clause d the imposition of
administrative, civil, and criminal sanctions as prescribed by RA 9184 and its IRR. 24. Opening and Preliminary Examination of Bids
24.1. The BAC shall open the first bid envelopes of Bidders in public as specified in the BDS to determine each Bidder's compliance with the documents prescribed in ITB
Clausor this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary "pass/fail" criterion. If a bidder submits the required document, it shall be rated "passed" for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as "failed". Otherwise, the BAC shall rate the said first bid envelope as "passed". 24.2. Unless otherwise specified in the BDS, immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated "passed". The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clausehe
BAC shall rate the bid concerned as "failed". Only bids that are determined to contain all the bid requirements for both components shall be rated "passed" and shall immediately be considered for evaluation and comparison. 24.3. Letters of withdrawal shall be read out and recorded during bid opening, and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened. If the withdrawing Bidder's representative is in attendance, the original bid and all copies thereof shall be returned to the representative during the bid opening. If the representative is not in attendance, the Bid shall be returned unopened by registered mail. The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids, provided that the corresponding letter of withdrawal contains a valid authorization requesting for such withdrawal, subject to appropriate administrative sanctions. 24.4. If a Bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above-enumerated Class "A" Documents, the said certification may be submitted in lieu of the requirements enumerated in ITB Clause items (i) to (vi).
24.5. In the case of an eligible foreign Bidder as described in ITB Claushe Class "A"
Documents enumerated in ITB Clause may be substituted with the
appropriate equivalent documents, if any, issued by the country of the foreign Bidder 24.6. Each partner of a joint venture agreement shall likewise submit the documents required in ITB Clausesand Submission of documents required
under ITB Clausestby any of the joint venture partners
constitutes compliance. Page 16 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Evaluation and Comparison of Bids
25. Process to be Confidential
25.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless n the case of ITB Clause 26.
25.2. Any effort by a bidder to influence the Procuring Entity in the Procuring Entity's decision in respect of Bid evaluation, Bid comparison or contract award will result in the rejection of the Bidder's Bid. 26. Clarification of Bids
To assist in the evaluation, comparison and post-qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the Procuring Entity shall not be considered 27. Detailed Evaluation and Comparison of Bids
27.1. The Procuring Entity will undertake the detailed evaluation and comparison of Bids which have passed the opening and preliminary examination of Bids, pursuant to ITB
Clause 24, in order to determine the Lowest Calculated Bid. 27.2. In evaluating the Bids to get the Lowest Calculated Bid, the Procuring Entity shall undertake the following: (a) The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and The ranking of the total bid prices as so calculated from the lowest to highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid. 27.3. The Procuring Entity's BAC shall immediately conduct a detailed evaluation of al bids rated "passed," using non-discretionary "pass/fail" criterion. The BAC shal consider the fol owing in the evaluation of bids: (a) Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Procuring Entity; and Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of all eligible bids. It may also consider bid modifications if expressly allowed in the BDS. Any adjustment shall be
calculated in monetary terms to determine the calculated prices. 27.4. Based on the detailed evaluation of bids, those that comply with the above- mentioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS.
27.5. The Procuring Entity's evaluation of bids shal only be based on the bid price quoted in the Financial Bid Form Page 17 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) 27.6. Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shal be the basis for bid evaluation and comparison. 28. Post Qualification
28.1. The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB) complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5d
28.2. Within a non-extendible period of three (3) calendar days from receipt by the Bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements: (a) Certificate of PhilGEPS Registration; and Other appropriate licenses and permits required by law and stated in the Failure of the Bidder declared as LCB to duly submit the requirements under this Clause or a finding against the veracity of such, shall be ground for forfeiture of the bid security and disqualification of the Bidder for award. 28.3. The determination shall be based upon an examination of the documentary evidence of the Bidder's qualifications submitted pursuant to ITB Clausesandas well as
other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary "pass/fail" criterion. 28.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria for post-qualification, it shall declare the said bid as the Lowest Calculated Responsive Bid, and recommend to the Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or its calculated bid price, whichever is lower, subject to ITB Claus
28.5. A negative determination shall result in rejection of the Bidder's Bid, in which event the Procuring Entity shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder's capabilities to perform satisfactorily. If the second Bidder, however, fails the post qualification, the procedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid, and so on until the Lowest Calculated and Responsive Bid is determined for contract 28.6. Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. In the case of government owned and government-owned and/or -controlled corporations (GOCCs) and government financial institutions (GFIs), the period provided herein shall be fifteen (15) calendar 29. Reservation Clause
29.1. Notwithstanding the eligibility or post-qualification of a bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the Bidder's capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the Page 18 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shal consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract. 29.2. Based on the following grounds, the Procuring Entity reserves the right to reject any and all Bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding: (a) if there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; if the Procuring Entity's BAC is found to have failed in following the prescribed bidding procedures; or for any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the Government as follows: (i) If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity; If the project is no longer necessary as determined by the head of the procuring entity; and If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity. 29.3. In addition, the Procuring Entity may likewise declare a failure of bidding when: No bids are received; All prospective bidders are declared ineligible; All bids fail to comply with all the bid requirements or fail post-qualification; The bidder with the Lowest Calculated Responsive Bid refuses, without justifiable cause to accept the award of contract, and no award is made. Award of Contract
30. Contract Award
30.1. Subject to ITB Claus the Procuring Entity shall award the contract to the Bidder
whose Bid has been determined to be the Lowest Calculated and Responsive Bid 30.2. Prior to the expiration of the period of Bid validity, the Procuring Entity shall notify the successful Bidder in writing that its Bid has been accepted, through a Notice of Award received personal y or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity. 30.3. Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following conditions: Page 19 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) Submission of the following documents within the prescribed period from receipt by the Bidder of the notice that it has the Lowest Calculated and Responsive Bid: (i) Valid JVA, if applicable, within ten (10) calendar days; Valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders, within thirty (30) calendar days, if allowed under a Treaty or International or Executive Agreement mentioned in ITB Clause
Posting of the performance security in accordance with ITB Claus
Signing of the contract as provided in ITB Claus and
Approval by higher authority, if required. 31. Signing of the Contract
31.1. At the same time as the Procuring Entity notifies the successful Bidder that its Bid has been accepted, the Procuring Entity shall send the Contract Form to the Bidder, which Contract has been provided in the Bidding Documents, incorporating therein all agreements between the parties. 31.2. Within ten (10) calendar days from receipt of the Notice of Award, the successful Bidder shall post the required performance security, sign and date the contract and return it to the Procuring Entity. 31.3. The Procuring Entity shal enter into contract with the successful Bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with. 31.4. The following documents shall form part of the contract: Contract Agreement; Bidding Documents; Winning bidder's bid, including the Technical and Financial Proposals, and al other documents/statements submitted; Performance Security; Credit line in accordance with ITB Clausf applicable;
Notice of Award of Contract; and Other contract documents that may be required by existing laws and/or specified in the BDS.
32. Performance Security
32.1. To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall post a performance security within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract. 32.2. The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price as stated in the BDS in accordance with the following schedule:
Amount of Performance Security Form of Performance Security (Equal to Percentage of the Total Page 20 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition December 2010) (a) Cash or cashier's/manager's check issued by a Universal or Commercial Bank. (b) Bank draft/guarantee or irrevocable letter of credit issued Ten percent (10%) by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a (c) Surety bond cal able upon demand issued by a surety or Thirty percent (30%) insurance company duly certified by the Insurance Commission as authorized to issue such security; and/or (d) Any combination of the Proportionate to share of form with respect to total amount of security 32.3. Failure of the successful Bidder to comply with the above-mentioned requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall be repeated until the Lowest Calculated and Responsive Bid is identified and selected for contract award. However if no Bidder passed post-qualification, the BAC shall declare the bidding a failure and conduct a re-bidding with re-advertisement. 33. Notice to Proceed
33.1. Within three (3) calendar days from the date of approval of the Contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder. 33.2. The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity, which date shall not be later than seven (7) calendar days from the issuance of the Notice to Proceed. 34. Protest Mechanism
Decision of the Procuring Entity at any stage of the procurement process may be questioned in accordance with Section 55 of the Revised Implementing Rules and Regulations of Republic Act 9184. Page 21 of 21
Instructions to Bidders Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SECTION III
BID DATA SHEETS
ITB Clause
The Procuring Entity is Batangas State University.
Procurement of Various Medicines
The Funding Source is:
The Government of the Philippines (GOP) in the amount of Eight
Hundred Eighty Four Thousand Three Hundred Eighty Two
Pesos (Php 884,382.00)
The name of the Project is Procurement of Various Medicines
The identification number of the Project is BSU-Project N0. 2015-126.
No further instructions. Bidding is restricted to eligible bidders as defined in ITB Clause 5.1. Bidders should have completed, within three (3) years from the date of submission and receipt of bids, a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the ABC No further instructions. Subcontracting is not allowed. Not applicable. No further instructions The Procuring Entity's address is:
2nd Floor, Administration Building,
Batangas State University, GPB Campus I
Rizal Avenue Extension, Batangas City

Dr. Jessie A. Montalbo
Tel No.: (043) 723-0339 local 102
E-mail: [email protected]
No further instructions. No other acceptable proof of registration is recognized. 12.1(a)(iii) The statement "covers all ongoing and completed government and private contracts" shall include all such contracts within three (3)
years prior to the deadline for the submission and receipt of bids.
No additional requirements No further instructions. The Total ABC is Eight Hundred Eighty Four Thousand Three
Page 1 of 3
Bid Data Sheets Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Hundred Eighty Two Pesos (Php 884,382.00)
Any bid with a financial component exceeding this amount shall not be
accepted. 15.4(a)(iii) No incidental services are required. 15.4(b)(iii) Not applicable No incidental services are required. The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos. Not applicable. Bid validity period is One Hundred Twenty (120) calendar days from
the date of opening of bids. The bid security shall be in the following amount: 1. Two (2%) of the ABC, if bid security is in cash,
cashier's/manager's check, bank draft/guarantee or irrevocable letter of credit; 2. Five (5%) of the ABC if bid security is in Surety Bond; or
3. Any combination of the foregoing proportionate to the share
of form with respect to total amount of security.
4. Bid Securing Declaration (Use BatStateU Goods Form No. 5c)
The validity period for bid security is One Hundred twenty (120)
calendar days from the date of opening of bid.
Each Bidder shall submit one (1) original and two (2) copies of the first
and second components of its bid. The address for submission of bids is BAC Office Ground Floor, ITE Building Batangas State University, GPB Campus I Rizal Avenue Extension, Batangas City
The deadline for submission of bids is 9:00 to 10:00 AM, April 24,
The place of bid opening is BAC Office Ground Floor, ITE Building Batangas State University, GPB Campus I Rizal Avenue Extension, Batangas City
The date and time of bid opening is 10:00 AM, April 24, 2015.
No further instructions. No further instructions. The goods are grouped in a single lot and the lot shall not be divided Page 2 of 3
Bid Data Sheets Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) into sub-lots for the purpose of bidding, evaluation, and contract Bid modification is not allowed. No further instructions. No further instructions. Bidders have option to submit manually filed tax returns or tax returns filed through the Electronic Filing and Payments System (EFPS). NOTE: The latest income and business tax returns are those within the last six months preceding the date of bid submission. No other licenses required. No other contract documents needed. No further instructions. Page 3 of 3
Bid Data Sheets Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SECTION IV
GENERAL CONDITIONS OF THE CONTRACT
TABLE OF CONTENTS
Page 1 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Page 2 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Definitions
In this Contract, the following terms shall be interpreted as indicated: "The Contract" means the agreement entered into between the Procuring Entity and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual "The Goods" means all of the supplies, equipment, machinery, spare parts, other materials and/or general support services which the Supplier is required to provide to the Procuring Entity under the "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the "GCC" means the General Conditions of Contract contained in this "SCC" means the Special Conditions of Contract. "The Procuring Entity" means the organization purchasing the Goods, as named in the SCC.
"The Procuring Entity's country" is the Philippines. "The Supplier" means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the SCC.
The "Funding Source" means the organization named in the SCC.
"The Project Site," where applicable, means the place or places named in "Day" means calendar day. The "Effective Date" of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provided in the Notice to Proceed. Performance of all obligations shall be reckoned from the Effective Date of the Contract. "Verified Report" refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate. Page 3 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Corrupt, Fraudulent, Collusive, and Coercive Practices
Unless otherwise provided in the SCC, the Procuring Entity as well as the
bidders, contractors, or suppliers shall observe the highest standard of ethics during the procurement and execution of this Contract. In pursuance of this policy, the Procuring Entity: defines, for the purposes of this provision, the terms set forth below as "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019. "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition. "collusive practices" means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. "coercive practices" means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of "obstructive practice" is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or Page 4 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) investigation or from pursuing such proceedings or investigation; or (bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract. Further the Funding Source, Borrower or Procuring Entity, as appropriate, will seek to impose the maximum civil, administrative and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with any of the practices mentioned in GCC Claus
Inspection and Audit by the Funding Source
The Supplier shall permit the Funding Source to inspect the Supplier's accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source. Governing Law and Language
This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines. This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English. Any notice, request, or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request, or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram, or facsimile to such Party at the address specified in the SCC, which shall be effective when delivered and duly received or on the notice's
effective date, whichever is later. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SCC for GCC Clause
Scope of Contract
The GOODS and Related Services to be provided shall be as specified in Section VI-Schedule of Requirements. Page 5 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) This Contract shall include all such items, although not specifically mentioned, that can be reasonably inferred as being required for its completion as if such items were expressly mentioned herein. Any additional requirements for the completion of this Contract shall be provided in the SCC.
Subcontracting of any portion of the Goods, if allowed in the BDS, does not
relieve the Supplier of any liability or obligation under this Contract. The Supplier will be responsible for the acts, defaults, and negligence of any subcontractor, its agents, servants or workmen as fully as if these were the Supplier's own acts, defaults, or negligence, or those of its agents, servants or Subcontractors disclosed and identified during the bidding may be changed during the implementation of this Contract, subject to compliance with the required qualifications and the approval of the Procuring Entity. Procuring Entity's Responsibilities
Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits, approvals, import, and other licenses from local public authorities, the Procuring Entity shall, if so needed by the Supplier, make its best effort to assist the Supplier in complying with such requirements in a timely and expeditious manner. The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with GCC Claus
For the given scope of work in this Contract as awarded, all bid prices are considered fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Section 61 of R.A. 9184 and its IRR or except as provided in this Clause. Prices charged by the Supplier for Goods delivered and/or services performed under this Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any change in price resulting from a Change Order issued in accordance with GCC Claus
10. Payment
10.1. Payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted. Except with the prior approval of the President no payment shall be
made for services not yet rendered or for supplies and materials not yet delivered under this Contract. Ten percent (10%) of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier's warranty obligations under this Contract as described in GCC Claus
Page 6 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 10.2. The Supplier's request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed, and by documents submitted pursuant to the SCC provision for GCC Clausnd upon fulfillment of other obligations
stipulated in this Contract. 10.3. Pursuant to GCC Clauseayments shall be made promptly by the Procuring
Entity, but in no case later than sixty (60) days after submission of an invoice or claim by the Supplier. 10.4. Unless otherwise provided in the SCC, the currency in which payment is made to the Supplier under this Contract shall be in Philippine Pesos. 11. Advance Payment and Terms of Payment
11.1. Advance payment shall be made only after prior approval of the President, and shall not exceed fifteen percent (15%) of the Contract amount, unless otherwise directed by the President or in cases allowed under Annex "D" of RA 9184. 11.1 For Goods supplied from abroad, the terms of payment shall be as follows: On Contract Signature: Fifteen percent (15%) of the Contract Price shall
be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. Bidding Forms. On Delivery: Sixty Five Percent (65%) of the Contract Price shall be paid
to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents. On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entity's authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entity's authorized representative within forty five (45) days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entity's own verification of the reason(s) for the failure to issue documents (vii) and (viii) as described in the SCC provision on Delivery and Documents. 11.2 All progress payments shall first be charged against the advance payment until the latter has been fully exhausted. 12. Taxes and Duties
The Supplier, whether local or foreign, shall be entirely responsible for all the necessary taxes, stamp duties, license fees, and other such levies imposed for the completion of Page 7 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 13. Performance Security
13.1 Within ten (10) calendar days from receipt of the Notice of Award from the Procuring Entity but in no case later than the signing of the contract by both parties, the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Clause 33.2.
13.2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract. 13.3 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. 13.4 The performance security may be released by the Procuring Entity and returned to the Supplier after the issuance of the Certificate of Final Acceptance subject to the following conditions: There are no pending claims against the Supplier or the surety company filed by the Procuring Entity; The Supplier has no pending claims for labor and materials filed against Other terms specified in the SCC.
13.5 In case of a reduction of the contract value, the Procuring Entity shall allow a proportional reduction in the original performance security, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance 14. Use of Contract Documents and Information
14.1.1 The Supplier shal not, except for purposes of performing the obligations in this Contract, without the Procuring Entity's prior written consent, disclose this Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. 14.1.2 Any document, other than this Contract itself, enumerated in GCC Claus
shall remain the property of the Procuring Entity and shall be returned (all copies) to the Procuring Entity on completion of the Supplier's performance under this Contract if so required by the Procuring Entity. 15. Standards
The Goods provided under this Contract shall conform to the standards mentioned in the Section VII-Terms of Reference; and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods' country of origin. Such standards shall be the latest issued by the institution concerned. 16. Inspection and Tests
Page 8 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 16.1.1 The Procuring Entity or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity. The SCC and 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 16.1.2 If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods' final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shal be furnished to the inspectors at no charge to the Procuring Entity. The Supplier shall provide the Procuring Entity with results of such inspections and tests. 16.1.3 The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in this Clause provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. 16.1.4 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Claus
16.1.5 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, shall release the Supplier from any warranties or other obligations under this Contract. 17. Warranty
17.1.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the technical specifications required by the Procuring Entity provides otherwise. 17.1.2 The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 17.1.3 In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period specified in the SCC. The obligation for the warranty shall be covered by, at the Supplier's
option, either retention money in an amount equivalent to at least ten percent (10%) of the final payment, or a special bank guarantee equivalent to at least ten percent (10%) of the Contract Price or other such amount if so specified in the SCC. The said amounts shall only be released after the lapse of the warranty
period specified in the SCC; provided, however, that the Supplies delivered are
Page 9 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) free from patent and latent defects and all the conditions imposed under this Contract have been fully met. 17.1.4 The Procuring Entity shal promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall, within the period specified in the SCC and with all reasonable speed, repair or
replace the defective Goods or parts thereof, without cost to the Procuring 17.1.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in GCC Clausthe Procuring Entity may proceed to take
such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable law. 18. Delays in the Supplier's Performance
18.1 Delivery of the Goods and/or performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Procuring Entity in Section VI – Schedule of Requirements. 18.2 If at any time during the performance of this Contract, the Supplier or its Subcontractor(s) should encounter conditions impeding timely delivery of the Goods and/or performance of Services, the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, and upon causes provided for under GCC Claushe Procuring Entity shall evaluate
the situation and may extend the Supplier's time for performance, in which case the extension shall be ratified by the parties by amendment of Contract. 18.3 Except as provided under GCC Clause elay by the Supplier in the
performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clauseunless an extension of time
is agreed upon pursuant to GCC Clause without the application of
liquidated damages. 19. Liquidated Damages
Subject to GCC Clausea if the Supplier fails to satisfactorily deliver any or
all of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted time extensions if any, the Procuring Entity shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shall be ten percent (10%) of the amount of contract. Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clausithout prejudice to other
courses of action and remedies open to it. 20. Settlement of Disputes
20.1 If any dispute or difference of any kind whatsoever shall arise between the Procuring Entity and the Supplier in connection with or arising out of this Page 10 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. 20.2 If after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Procuring Entity or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is 20.3 Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under this Contract. 20.4 In the case of a dispute between the Procuring Entity and the Supplier, the dispute shall be resolved in accordance with Republic Act 9285 ("R.A. 9285"), otherwise known as the "Alternative Dispute Resolution Act of 2004." 20.5 Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and the Procuring Entity shall pay the Supplier any monies due the 21. Liability of the Supplier
21.1 The Supplier's liability under this Contract shall be as provided by the laws of the Republic of the Philippines, subject to additional provisions, if any, set forth in the SCC.
21.2 Except in cases of criminal negligence or willful misconduct, and in the case of infringement of patent rights, if applicable, the aggregate liability of the Supplier to the Procuring Entity shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective 22. Force Majeure
22.1 The Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that the Supplier's delay in performance or other failure to perform its obligations under the Contract is the result of a force majeure. 22.2 For purposes of this Contract the terms "force majeure" and "fortuitous event" may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor. Such events may include, but not limited to, acts of the Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. Page 11 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 22.3 If a force majeure situation arises, the Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure. 23. Termination for Default
23.1 The Procuring Entity shall terminate this Contract for default when any of the following conditions attends its implementation: Outside of force majeure, the Supplier fails to deliver or perform any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier prior to the delay, and such failure amounts to at least ten percent (10%) of the contact price; As a result of force majeure, the Supplier is unable to deliver or perform any or all of the Goods, amounting to at least ten percent (10%) of the contract price, for a period of not less than sixty (60) calendar days after receipt of the notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have ceased; or The Supplier fails to perform any other obligation under the Contract. 23.2 In the event the Procuring Entity terminates this Contract in whole or in part, for any of the reasons provided under GCC Clausestothe Procuring
Entity may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Procuring Entity for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of this Contract to the extent not terminated. 23.3 In case the delay in the delivery of the Goods and/or performance of the Services exceeds a time duration equivalent to ten percent (10%) of the specified contract time plus any time extension duly granted to the Supplier, the Procuring Entity may terminate this Contract, forfeit the Supplier's performance security and award the same to a qualified Supplier. 24. Termination for Insolvency
The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Supplier. 25. Termination for Convenience
25.1 The Procuring Entity may terminate this Contract, in whole or in part, at any time for its convenience. The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has determined the existence of conditions that make Project Implementation economically, Page 12 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and national government 25.2 The Goods that have been delivered and/or performed or are ready for delivery or performance within thirty (30) calendar days after the Supplier's receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices. For Goods not yet performed and/or ready for delivery, the Procuring Entity may elect: to have any portion delivered and/or performed and paid at the contract terms and prices; and/or to cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier. 25.3 If the Supplier suffers loss in its initial performance of the terminated contract, such as purchase of raw materials for goods special y manufactured for the Procuring Entity which cannot be sold in open market, it shall be allowed to recover partially from this Contract, on a quantum meruit basis. Before recovery may be made, the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be made. 26. Termination for Unlawful Acts
26.1 The Procuring Entity may terminate this Contract in case it is determined prima facie that the Supplier has engaged, before or during the implementation of this Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Unlawful acts include, but are not limited to, the following: Corrupt, fraudulent, and coercive practices as defined in ITB Clause 3.1;
Drawing up or using forged documents; Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and Any other act analogous to the foregoing. 27. Procedures for Termination of Contracts
27.1 The following provisions shall govern the procedures for termination of this Upon receipt of a written report of acts or causes which may constitute ground(s) for termination as aforementioned, or upon its own initiative, the Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execution of a Verified Report, with all relevant evidence attached; Upon recommendation by the Implementing Unit, the Head of the Procuring Entity shall terminate this Contract only by a written notice to Page 13 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) the Supplier conveying the termination of this Contract. The notice shall that this Contract is being terminated for any of the ground(s) afore-mentioned, and a statement of the acts that constitute the ground(s) constituting the same; the extent of termination, whether in whole or in part; an instruction to the Supplier to show cause as to why this Contract should not be terminated; and special instructions of the Procuring Entity, if any. The Notice to Terminate shall be accompanied by a copy of the Verified Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated. If the Supplier fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the Head of the Procuring Entity shall issue an order terminating this Contract; The Procuring Entity may, at any time before receipt of the Supplier's verified position paper described in item (d) above withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier's receipt of the notice; Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. It shall serve a written notice to the Supplier of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Supplier of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate; The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity; and The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The Contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity. 28. Assignment of Rights
The Supplier shall not assign his rights or obligations under this Contract, in whole or in part, except with the Procuring Entity's prior written consent. Page 14 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 29. Contract Amendment
Subject to applicable laws, no variation in or modification of the terms of this Contract shall be made except by written amendment signed by the parties. 30. Application
These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of this Contract. Page 15 of 15 General Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SECTION V
SPECIAL CONDITIONS OF THE CONTRACT
GCC Clause
The Procuring Entity is Batangas State University
The Supplier is _. The Funding Source is:
The Government of the Philippines (GOP) through the Approved
Supplemental Budget in the amount of Eight Hundred Eighty Four
Thousand Three Hundred Eighty Two Pesos (Php 884,382.00)
The Project Site is Batangas State University.
The Procuring Entity's address for Notices is:

Dr. Jessie A. Montalbo
University President
Batangas State University
2nd Floor Administration Building, GPB Main Campus I
Batangas City
The Supplier's address for Notices is: _ For purposes of this Clause the Procuring Entity's Representative at the Project Site is the Director for Auxiliary Services, DR. LEILA J.
MARFAL-MANALO, MD.
For the given scope of work in this Contract as awarded, all bid prices are considered fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Section 61 of R.A. 9184 and its IRR-A. No further instructions. No further instructions. No further instructions. No further instructions. No further instructions. The inspections that will be conducted is: a) Checking based on the required specifications. Page 1 of 2
Special Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) The applicable rate is one tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay. The maximum deduction shall be ten percent (10%) of the amount of contract. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, the procuring entity shall rescind the contract, without prejudice to other courses of action and remedies open to it. In the case of a dispute between the Procuring Entity and the Supplier, the dispute shall be resolved in accordance with Republic Act 9285 ("R.A. 9285"), otherwise known as the "Alternative Dispute Resolution Act of 2004." No additional provision. Page 2 of 2
Special Conditions of the Contract Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 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. Delivery
Days/Weeks
1 Aluminum Magnesium Hydroxide 500's
Within 15 days
2 Alcohol 70% big
60 bottles Within 15 days
3 Alcohol 70% small
50 bottles Within 15 days
4 Band aid
Within 15 days
5 Betahistine Dihydrochloride 8 mg
Within 15 days
6 Benadaryl ampule
10 ampules
Within 15 days
7 Burn ointment 30 g
Within 15 days
8 Calamine lotion
8 bottles
Within 15 days
9 Calmoseptine ointment
Within 15 days
10 Cefalexin 500 mg
Within 15 days
11 Cirpofloxacin 500 mg
Within 15 days
12 Loratidine 10 mg 50's
Within 15 days
Within 15 days
14 Celecoxib 200mg cap 60's
Within 15 days
15 Cetirizine 5mg/5ml 30ml
Within 15 days
16 Co-Amoxiclav 375mg tab 30's
Within 15 days
17 Co-Amoxiclav 625mg tab
Within 15 days
18 D5 Water 500 ml
Within 15 days
19 Decolgen Non-Drowsy
Within 15 days
20 Dipenhydramine ampule
5 ampules Within 15 days
21 Fucidin Acid 5g (Fucithalmic 1%)
Within 15 days
22 Fucidin Intertulle
Within 15 days
23 Hyoscine Butylbromide 10mg
Within 15 days
Page 1 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 24 Hyoscine N-Butylromide 20 mg
6 ampules Within 15 days
25 Hydrocortisone cream 10g
Within 15 days
26 Loperamide 2 mg
Within 15 days
27 Cetirizine Dihydrochloride 10 mg
Within 15 days
28 Mefenamic Acid 500mg
Within 15 days
29 Meloxicam 15 mg 60's
Within 15 days
Within 15 days
30 Mupirocin 2% 10g
31 Neozep
Within 15 days
32 Hydrocortisone ampule with no dilution
6 ampules Within 15 days
33 Diazepan 5mg/ml ampule
6 ampules Within 15 days
34 Efficascent oil 50ml
10 bottles Within 15 days
35 Omeprazole 40 mg tab
Within 15 days
36 Omeprazole 40 mg ampule
4 ampules Within 15 days
37 Paracetamol 500 mg
Within 15 days
38 Paracetamol syrup 250ml/25mg
50 bottles Within 15 days
39 Povidone Iodine
2 galloons Within 15 days
Within 15 days
40 Sinecod forte 50 mg
41 Strepsils Lozenges
Within 15 days
42 Tobramycin Eye drop 5 ml
10 bottles Within 15 days
43 Vicks Vaporub 5g
Within 15 days
44 Triple Distilled water 50ml
2 bottles
Within 15 days
Page 2 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SECTION VII
TECHNICAL SPECIFICATIONS
STATEMENT OF
COMPLIANCE
COMPLY/NOT
1 Aluminum Magnesium Hydroxide 500's
2 Alcohol 70% big
60 bottles
3 Alcohol 70% small
50 bottles
4 Band aid
5 Betahistine Dihydrochloride 8 mg
6 Benadaryl ampule
10 ampules
7 Burn ointment 30 g
8 Calamine lotion
8 bottles
9 Calmoseptine ointment
10 Cefalexin 500 mg
11 Cirpofloxacin 500 mg
12 Loratidine 10 mg 50's
14 Celecoxib 200mg cap 60's
15 Cetirizine 5mg/5ml 30ml
16 Co-Amoxiclav 375mg tab 30's
17 Co-Amoxiclav 625mg tab
18 D5 Water 500 ml
19 Decolgen Non-Drowsy
20 Dipenhydramine ampule
5 ampules
21 Fucidin Acid 5g (Fucithalmic 1%)
22 Fucidin Intertulle
23 Hyoscine Butylbromide 10mg
24 Hyoscine N-Butylromide 20 mg
6 ampules
Page 1 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 25 Hydrocortisone cream 10g
26 Loperamide 2 mg
27 Cetirizine Dihydrochloride 10 mg
28 Mefenamic Acid 500mg
29 Meloxicam 15 mg 60's
30 Mupirocin 2% 10g
31 Neozep
32 Hydrocortisone ampule with no dilution
6 ampules
33 Diazepan 5mg/ml ampule
6 ampules
34 Efficascent oil 50ml
10 bottles
35 Omeprazole 40 mg tab
36 Omeprazole 40 mg ampule
4 ampules
37 Paracetamol 500 mg
38 Paracetamol syrup 250ml/25mg
50 bottles
39 Povidone Iodine
2 galloons
40 Sinecod forte 50 mg
41 Strepsils Lozenges
42 Tobramycin Eye drop 5 ml
10 bottles
43 Vicks Vaporub 5g
44 Triple Distilled water 50ml
2 bottles
Page 2 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SECTION VIII
BIDDING FORMS
List of Forms
BatStateU Goods Form No. 1 BatStateU Goods Form No. 2 List of On-going Government and Private Contracts including Contracts Awarded but not BatStateU Goods Form No. 3 Statement of all Government and Private completed contracts which are similar in nature BatStateU Goods Form No. 4 Net Financial Contracting Capacity BatStateU Goods Form No. 5a BatStateU Goods Form No. 5b BatStateU Goods Form No. 5c Bid Securing Declaration BatStateU Goods Form No. 6 Conformity with Technical Specifications and Schedule of Requirements BatStateU Goods Form No. 7 Omnibus Sworn Statement BatStateU Goods Form No. 8 Request for Clarification BatStateU Goods Form No. 9 Bill of Quantities Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SECTION VIII
BIDDING FORMS
List of Forms
BatStateU Goods Form No. 1 BatStateU Goods Form No. 2 List of On-going Government and Private Contracts including Contracts Awarded but not BatStateU Goods Form No. 3 Statement of all Government and Private completed contracts which are similar in nature BatStateU Goods Form No. 4 Net Financial Contracting Capacity BatStateU Goods Form No. 5a BatStateU Goods Form No. 5b BatStateU Goods Form No. 5c Bid Securing Declaration BatStateU Goods Form No. 6 Conformity with Technical Specifications and Schedule of Requirements BatStateU Goods Form No. 7 Omnibus Sworn Statement BatStateU Goods Form No. 8 Request for Clarification BatStateU Goods Form No. 9 Bill of Quantities Batangas State University BatStateU-Goods Form No.1 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) DR. JESSIE A. MONTALBO
Batangas State University Gentlemen and / or Ladies: Having examined the Bidding Documents including Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly acknowledge, we, the undersigned, offer to [supply / deliver / perform][description of the Goods] in conformity with the said Bidding Documents for the sum as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Bid. We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements. If our Bid is accepted, we undertake to provide a performance security in the form, amounts, and within the times specified in the Bidding Documents. We agree to abide by this Bid for the Bid Validity specified in the BDS provision for ITB Clause 18.2
and it shall remain binding upon us and maybe accepted at any time before the expiration of that period. Commissions or gratuities, if any, paid or to be paid to us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below: Address of agent (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. We understand that you are not bound to accept the lowest or any bid you may receive. We certify / confirm that we comply with the eligibility requirements as per ITB Clause 5 of the
Bidding Documents. Dated this _day of , 2013. [in the capacity of] Duly authorized to sign Bid for and on behalf of . Batangas State University BatStateU-Goods Form No2 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) List of all Ongoing Government & Private Contracts including contracts awarded but not yet started
Business Address % of Accomplishment Name of Contract/ Date of Completion Note: This statement shall be supported with: 1 Notice of Award and/or Contract 2 Notice to Proceed issued by the owner 3 Certificate of Accomplishments signed by the owner or authorized representative (Printed Name & Signature) One of the technical documents required to be in the Eligibility Envelope of a prospective bidder is a list of all its on-going, completed, and awarded but not yet started contracts. Batangas State University BatStateU-Goods Form No.3 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Statement of all Government & Private Contracts completed which are similar in nature
Business Address Name of Contract a. Amount at Award c. Date Completed Note: This statement shall be supported with: 2 Certificate of Completion 3 Certificate of Acceptance (Printed Name & Signature) Batangas State University BatStateU-Goods Form No.4 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) NET FINANCIAL CONTRACTING CAPACITY
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. 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 = K (current asset – current liabilities) minus value of all outstanding works under ongoing contracts including awarded contracts yet to be started K = 10 for a contract duration of one year or less, 15 for more than one year up to two years and 20 for more than two years Herewith attached are certified true copies of the income tax return and audited financial statement: stamped "RECEIVED" by the BIR or BIR authorized col ecting agent for the immediately preceding year. Name of Supplier / Distributor / Manufacturer Signature of Authorized Representative 1. If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit the above Batangas State University BatStateU-Goods Form No.5 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) BID SECURITY
(BANK GUARANTEE)
WHEREAS, (Name of Bidder) (hereinafter called "the Bidder") has submitted his bid dated (Date) for the (Name of Contract) (hereinafter called "the Bid"). KNOW ALL MEN by these presents that We (Name of Bank) of (Name of Country) having our registered office at (hereinafter called "t Bank" are bound unto (Name of Employer) (hereinafter called "the Employer") in the sum of _ for which payment well and truly to be made to the said Employer the Bank binds himself, his successors andssigns by these presents. SEALED with the Common Seal of the said Bank this _ day of _ 20 _. THE CONDITIONS of this obligation are: 1) If the Bidder withdraws his Bid during the period of bid validity specified in the Form of Bid; or 2) If the Bidder does not accept the correction of arithmetical errors of his bid price in accordance with the Instructions to Bidder; or 3) If the Bidder having been notified of the acceptance of his bid by the Employer during the period of a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, b) fails or refuses to furnish the Performance Security in accordance with the Instructions to we undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is due to him owning to the occurrence of one or both of the two (2) conditions, specifying the occurred condition or conditions. The Guarantee will remain in force up to and including the date _days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or it may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE _ SIGNATURE OF THE BANK (Signature, Name and Address) 2 The bidder should insert the amount of the guarantee in words and figures, denominated in the currency of the Employer's country or an equivalent amount in a freely convertible currency. This figure should be the same as shown of the Instructions to Bidders. 3 Usually 28 days after the end of the validity period of the Bid. Date should be inserted by the Employer before the bidding documents are Batangas State University BatStateU-Goods Form No. 5b Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) BID SECURITY
SURETY BOND
DATE BOND EXECUTED: _ By this bond, We (Name of Bidder) (hereinafter called "the Principal") as Principal and (Name of Surety) of the country of (Name of Country of Surely), authorized to transact business in the country of (Name of Country of Employer) (hereinafter called "the Surety") are held and firmly bound unto (Name of Employer) (hereinafter called "the Employer") as Obligee, in the sum of 1 for the payment of which sum, well and truly to be made, we, the said Principal and Surety bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this _ day of 20 WHEREAS, the Principal has submitted a written Bid to the Employer dated the _ day of _ 20 , for the (hereinafter called "the Bid"). NOW, THEREFORE, the conditions of this obligation are: If the Principal withdraws his Bid during the period of bid validity specified in the Form of Bid; or If the Principal does not accept the correction of arithmetical errors of his bid price in accordance with the Instruction's to Bidders: or If the Principal having been notified of the acceptance of his Bid by the Employer during the period of bid validity: fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders; then this obligation shall remain in full force and effect, otherwise it shall be null and void. 1 The bidder should insert the amount of bond in words and figures, denominated in the currency of the Employer's country of an equivalent amount in a freely convertible currency and callable on demand. This figure should be the same as shown in the Instructions to Bidders. Batangas State University BatStateU-Goods Form No. 5b Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) PROVIDED HOWEVER, that the Surety shall not be: liable for a greater sum than the specified penalty of this bond, nor liable for a greater sum that the difference between the amount of the said Principal's Bid and the amount of the Bid that is accepted by the Employer. This Surety executing this instrument hereby agrees that its obligation shall be valid for 120 calendar days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which extension(s) to the Surety is hereby waived. PRINCIPAL NAME(S) AND TITLE(S) _ Batangas State University BatStateU-Goods Form No. 5c Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) REPUBLIC OF THE PHILIPPINES)
CITY OF )S.S.
BID-SECURING DECLARATION
Invitation to Bid No. [insert reference number] BATANGAS STATE UNIVERSITY RIZAL AVENUE, BATANGAS CITY I / We, the undersigned, declare that: 1. I / we understand that, according to your conditions, bids must be supported by a Bid Security, which may be in the form of a Bid-Securing Declaration. 2. I / We accept that: (a) I / we will be automatically disqualified from bidding for any contract with any procuring entity for the period of two (2) years upon receipt of your Blacklisting Order; and (b) I / we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing Declaration, if I / we have committed any of the following i) Withdrawn my / our Bid during the period of bid validity required in the Bidding ii) Fail or refuse to accept the award and enter into contract or perform any and all acts necessary to the execution of the contract, in accordance with the Bidding Documents after having been notified of your acceptance of our Bid during the period of bid 3. I / we understand that this Bid-Securing Declaration shall cease to be valid on the following a) Upon expiration of the bid validity period, or any extension thereof pursuant to your b) I am / we are declared ineligible or post-disqualified upon receipt of your notice to such effect, and (i) I / we failed to timely file a request for reconsideration or (ii) I / we filed a waiver to avail of said right; c) I am / we are declared as the bidder with the Lowest Calculated and Responsive Bid / Highest Rated and Responsive Bid, and I / we have furnished the performance security and signed the Contract. IN WITNESS WHEREOF, I / we have hereunto set my / our hand/s this day of
Name of Bidder
Authorized Representative
Legal Capacity
Batangas State University BatStateU-Goods Form No. 5c Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) SUBSCRIBED AND SWORN to before me this _ day of at
_, Philippines. Affiant /s is / are personal y known to me and was / were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M.) No. 02-8-13-SC). Affiant/s exhibited to me his / her [insert type of government identification card used, with his / her photograph and signature appearing thereon, with no. _ and his / her Community Tax Certificate No. _ issued on at _. Witness my hand and seal this _ day of . NAME OF NOTARIAL PUBLIC Serial No. of Commission Notary Public for _ until _ Roll of Attorney's No. PTR No. , [date issued], [place issued] IBP No. _, [date issued], [place issued] Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) CONFORMITY WITH SCHEDULE OF REQUIREMENTS
AND TECHNICAL SPECIFICATIONS
Section VI-Schedule of Requirements
COMPLY/NOT
1 Aluminum Magnesium Hydroxide 500's
2 Alcohol 70% big
60 bottles
3 Alcohol 70% small
50 bottles
4 Band aid
5 Betahistine Dihydrochloride 8 mg
6 Benadaryl ampule
10 ampules
7 Burn ointment 30 g
8 Calamine lotion
8 bottles
9 Calmoseptine ointment
10 Cefalexin 500 mg
11 Cirpofloxacin 500 mg
12 Loratidine 10 mg 50's
14 Celecoxib 200mg cap 60's
15 Cetirizine 5mg/5ml 30ml
16 Co-Amoxiclav 375mg tab 30's
17 Co-Amoxiclav 625mg tab
18 D5 Water 500 ml
19 Decolgen Non-Drowsy
20 Dipenhydramine ampule
5 ampules
21 Fucidin Acid 5g (Fucithalmic 1%)
22 Fucidin Intertulle
23 Hyoscine Butylbromide 10mg
24 Hyoscine N-Butylromide 20 mg
6 ampules
Page 1 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 25 Hydrocortisone cream 10g
26 Loperamide 2 mg
27 Cetirizine Dihydrochloride 10 mg
28 Mefenamic Acid 500mg
29 Meloxicam 15 mg 60's
30 Mupirocin 2% 10g
31 Neozep
32 Hydrocortisone ampule with no dilution
6 ampules
33 Diazepan 5mg/ml ampule
6 ampules
34 Efficascent oil 50ml
10 bottles
35 Omeprazole 40 mg tab
36 Omeprazole 40 mg ampule
4 ampules
37 Paracetamol 500 mg
38 Paracetamol syrup 250ml/25mg
50 bottles
39 Povidone Iodine
2 galloons
40 Sinecod forte 50 mg
41 Strepsils Lozenges
42 Tobramycin Eye drop 5 ml
10 bottles
43 Vicks Vaporub 5g
44 Triple Distilled water 50ml
2 bottles
Page 2 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) CONFORMITY WITH
TECHNICAL SPECIFICATIONS
Section VII-Technical Specifications
COMPLY/NOT
1 Aluminum Magnesium Hydroxide 500's
2 Alcohol 70% big
60 bottles
3 Alcohol 70% small
50 bottles
4 Band aid
5 Betahistine Dihydrochloride 8 mg
6 Benadaryl ampule
10 ampules
7 Burn ointment 30 g
8 Calamine lotion
8 bottles
9 Calmoseptine ointment
10 Cefalexin 500 mg
11 Cirpofloxacin 500 mg
12 Loratidine 10 mg 50's
14 Celecoxib 200mg cap 60's
15 Cetirizine 5mg/5ml 30ml
16 Co-Amoxiclav 375mg tab 30's
17 Co-Amoxiclav 625mg tab
18 D5 Water 500 ml
19 Decolgen Non-Drowsy
20 Dipenhydramine ampule
5 ampules
21 Fucidin Acid 5g (Fucithalmic 1%)
22 Fucidin Intertulle
23 Hyoscine Butylbromide 10mg
24 Hyoscine N-Butylromide 20 mg
6 ampules
Page 1 of 2
Schedule of Requirements Batangas State University Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 25 Hydrocortisone cream 10g
26 Loperamide 2 mg
27 Cetirizine Dihydrochloride 10 mg
28 Mefenamic Acid 500mg
29 Meloxicam 15 mg 60's
30 Mupirocin 2% 10g
31 Neozep
32 Hydrocortisone ampule with no dilution
6 ampules
33 Diazepan 5mg/ml ampule
6 ampules
34 Efficascent oil 50ml
10 bottles
35 Omeprazole 40 mg tab
36 Omeprazole 40 mg ampule
4 ampules
37 Paracetamol 500 mg
38 Paracetamol syrup 250ml/25mg
50 bottles
39 Povidone Iodine
2 galloons
40 Sinecod forte 50 mg
41 Strepsils Lozenges
42 Tobramycin Eye drop 5 ml
10 bottles
43 Vicks Vaporub 5g
44 Triple Distilled water 50ml
2 bottles
Page 2 of 2
Schedule of Requirements Batangas State University BatStateU-Goods Form No. 7 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Omnibus Sworn Statement
REPUBLIC OF THE PHILIPPINES CITY/MUNICIPALITY OF I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that: 1. Select one, delete the other:
If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at [address of Bidder]; If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder]; 2. Select one, delete the other:
If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity]; If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary's Certificate issued by the corporation or the members of the joint venture)]; 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; 4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and al 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: I am not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; Batangas State University BatStateU-Goods Form No. 7 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) 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; 8. [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; 9. [Name of Bidder] is aware of and has undertaken the following responsibilities as a a) Carefully examine all of the Bidding Documents; b) Acknowledge all conditions, local or otherwise, affecting the implementation of the c) Made an estimate of the facilities available and needed for the contract to be bid, if d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project]. IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 20 at , Bidder's Representative/Authorized Signatory Batangas State University BatStateU-Goods Form No.8 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) REQUEST FOR CLARIFICATION

Date of Letter

DR. JESSIE A. MONTALBO
Batangas State University Rizal Avenue, Batangas City Telephone No.: (043) 300-2202 local 102 In relation to the Section _of Page _ of the Bidding Documents for (Name of the Project), " (Quote unclear provision) " We would appreciate it if you could provide further explanation or clarification on the above. Thank you very much. Very truly yours, Name of Representative of the Bidder Name of the Bidder Batangas State University BatStateU-Goods Form No. 9 Bidding Documents (Based on Revised IRR of RA 9184, Fourth Edition, December 2010) Bill of Quantities
. Invitation to Bid Number . Page of Unit prices per item Sales and other taxes Total Price delivered Final final destination and material, and EXW per item unit price of other payable per item if Contract is awarded incidental services

Source: http://batstate-u.edu.ph/sites/files/transparency_seal/bidding_documents/2015/Procurement%20of%20Various%20Medicines.pdf