PHILIPPINE BIDDING DOCUMENTS (As Harmonized with Development Partners) Procurement of One (1) Lot Supply and Delivery of Labor, Tools, Materials, Consumables, Equipment, Technical Expertise and Supervision for the Installation, Testing and Commissioning of Two (2) Units Corporate Brand New Diesel Engine Generator Set at Main and Annex I Power Center Building, Including Dismantling and Removal of Old Unit (CY 2022 EARLY PROCUREMENT) Government of the Republic of the Philippines Sixth Edition October 2020
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PHILIPPINE BIDDING DOCUMENTS
(As Harmonized with Development Partners)
Procurement of One (1) Lot Supply
and Delivery of Labor, Tools,
Materials, Consumables, Equipment,
Technical Expertise and Supervision
for the Installation, Testing and
Commissioning of Two (2) Units
Corporate Brand New Diesel Engine
Generator Set at Main and Annex I
Power Center Building, Including
Dismantling and Removal of Old Unit
(CY 2022 EARLY PROCUREMENT)
Government of the Republic of the Philippines
Sixth Edition
October 2020
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TABLE OF CONTENTS
Glossary of Terms, Abbreviations, and Acronyms ..........................................4
Section I. Invitation to Bid .................................................................................7
Section II. Instructions to Bidders .................................................................. 10
1. Scope of Bid ............................................................................................................10
2. Funding Information ...............................................................................................10
2. Certificate of Site Inspection issued by NKTI-General Services Division
(GSD);
3. Certificate of guarantee that the prospective bidder has been in the local
market for at least five (5) years in distributing heavy equipment or
machinery such as generator sets and specialized in the installation, testing,
commissioning and servicing of generator sets;
4. Certificate of Warranty for three (3) years on unit, parts and service;
5. Certificate of guarantee that the prospective bidder shall conduct training
and seminar for operation, maintenance, and troubleshooting on site to
Engineering Personnel with certification;
6. Certificate of guarantee that the Prospective bidder shall conduct quarterly
preventive maintenance with calibration and certification or service report
within the warranty period;
7. Certificate of guarantee that the service response time of Service Engineer
or Technician is within 24 hours upon notification; even on weekends and
holidays;
8. Personnel Requirement:
i. Mechanical Engineer
a. Licensed Mechanical Engineer
b. At least three (3) years of experience in handling Generator Set
installation
ii. Construction Safety and Health Officer/Engineer
a. Must be a DOLE Accredited Safety Officer
b. At least three (3) years of experience in handling Generator Set
installation
II. Documents from the Principal/Manufacturer:
9. Certificate of Original Equipment Manufacturer or Authorized Distributor
of he proposed brand of equipment. Distributor shall submit Certificate of
Distributorship for the brand of equipment offered;
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10. With valid applicable Manufacturer’s ISO Certification or its equivalent;
11. Certificate that the equipment, materials and devices are brand new, latest,
unused, free from defects and not a discontinued model.
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Section IV. General Conditions of Contract
1. Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that
can be reasonably inferred as being required for its completion as if such items were
expressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute
the primary source for the terms and conditions of the Contract, and thus, applicable
in contract implementation. Herein clauses shall serve as the secondary source for
the terms and conditions of the Contract.
This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA
No. 9184 allowing the GPPB to amend the IRR, which shall be applied to all
procurement activities, the advertisement, posting, or invitation of which were issued
after the effectivity of the said amendment.
2. Sectional Completion of Works
If sectional completion is specified in the Special Conditions of Contract (SCC),
references in the Conditions of Contract to the Works, the Completion Date, and the
Intended Completion Date shall apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date for the whole of the
Works).
3. Possession of Site
4.1. The Procuring Entity shall give possession of all or parts of the Site to the
Contractor based on the schedule of delivery indicated in the SCC, which
corresponds to the execution of the Works. If the Contractor suffers delay or
incurs cost from failure on the part of the Procuring Entity to give possession
in accordance with the terms of this clause, the Procuring Entity’s
Representative shall give the Contractor a Contract Time Extension and certify
such sum as fair to cover the cost incurred, which sum shall be paid by
Procuring Entity.
4.2. If possession of a portion is not given by the above date, the Procuring Entity
will be deemed to have delayed the start of the relevant activities. The
resulting adjustments in contract time to address such delay may be addressed
through contract extension provided under Annex “E” of the 2016 revised IRR
of RA No. 9184.
4. The Contractor’s Obligations
The Contractor shall employ the key personnel named in the Schedule of Key
Personnel indicating their designation, in accordance with ITB Clause 10.3 and
specified in the BDS, to carry out the supervision of the Works.
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The Procuring Entity will approve any proposed replacement of key personnel only if
their relevant qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.
5. Performance Security
5.1. 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 of
the forms prescribed in Section 39 of the 2016 revised IRR.
5.2. The Contractor, by entering into the Contract with the Procuring Entity,
acknowledges the right of the Procuring Entity to institute action pursuant to
RA No. 3688 against any subcontractor be they an individual, firm,
partnership, corporation, or association supplying the Contractor with labor,
materials and/or equipment for the performance of this Contract.
6. Site Investigation Reports
The Contractor, in preparing the Bid, shall rely on any Site Investigation Reports
referred to in the SCC supplemented by any information obtained by the Contractor.
7. Warranty
7.1. In case the Contractor fails to undertake the repair works under Section 62.2.2
of the 2016 revised IRR, the Procuring Entity shall forfeit its performance
security, subject its property(ies) to attachment or garnishment proceedings,
and perpetually disqualify it from participating in any public bidding. All
payables of the GOP in his favor shall be offset to recover the costs.
7.2. The warranty against Structural Defects/Failures, except that occasioned-on
force majeure, shall cover the period from the date of issuance of the
Certificate of Final Acceptance by the Procuring Entity. Specific duration of
the warranty is found in the SCC.
8. Liability of the Contractor
Subject to additional provisions, if any, set forth in the SCC, the Contractor’s liability
under this Contract shall be as provided by the laws of the Republic of the
Philippines.
If the Contractor is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.
9. Termination for Other Causes
Contract termination shall be initiated in case it is determined prima facie by the
Procuring Entity that the Contractor has engaged, before, or during the
implementation of the contract, in unlawful deeds and behaviors relative to contract
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acquisition and implementation, such as, but not limited to corrupt, fraudulent,
collusive, coercive, and obstructive practices as stated in ITB Clause 4.
10. Dayworks
Subject to the guidelines on Variation Order in Annex “E” of the 2016 revised IRR of
RA No. 9184, and if applicable as indicated in the SCC, the Dayworks rates in the
Contractor’s Bid shall be used for small additional amounts of work only when the
Procuring Entity’s Representative has given written instructions in advance for
additional work to be paid for in that way.
11. Program of Work
11.1. The Contractor shall submit to the Procuring Entity’s Representative for
approval the said Program of Work showing the general methods,
arrangements, order, and timing for all the activities in the Works. The
submissions of the Program of Work are indicated in the SCC.
11.2. The Contractor shall submit to the Procuring Entity’s Representative for
approval an updated Program of Work at intervals no longer than the period
stated in the SCC. If the Contractor does not submit an updated Program of
Work within this period, the Procuring Entity’s Representative may withhold
the amount stated in the SCC from the next payment certificate and continue
to withhold this amount until the next payment after the date on which the
overdue Program of Work has been submitted.
12. Instructions, Inspections and Audits
The Contractor shall permit the GOP or the Procuring Entity to inspect the
Contractor’s accounts and records relating to the performance of the Contractor and to
have them audited by auditors of the GOP or the Procuring Entity, as may be
required.
13. Advance Payment
The Procuring Entity shall, upon a written request of the Contractor which shall be
submitted as a Contract document, make an advance payment to the Contractor in an
amount not exceeding fifteen percent (15%) of the total contract price, to be made in
lump sum, or at the most two installments according to a schedule specified in the
SCC, subject to the requirements in Annex “E” of the 2016 revised IRR of RA No.
9184.
14. Progress Payments
The Contractor may submit a request for payment for Work accomplished. Such
requests for payment shall be verified and certified by the Procuring Entity’s
Representative/Project Engineer. Except as otherwise stipulated in the SCC,
materials and equipment delivered on the site but not completely put in place shall not
be included for payment.
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15. Operating and Maintenance Manuals
15.1. If required, the Contractor will provide “as built” Drawings and/or operating
and maintenance manuals as specified in the SCC.
15.2. If the Contractor does not provide the Drawings and/or manuals by the dates
stated above, or they do not receive the Procuring Entity’s Representative’s
approval, the Procuring Entity’s Representative may withhold the amount
stated in the SCC from payments due to the Contractor.
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Section V. Special Conditions of Contract
GCC Clause
2 The Intended Completion Date is One Hundred Fifty (150) calendar
days from the date of acceptance of the Notice to Proceed.
4.1 The Procuring Entity shall give possession of all parts of the Site to the
Contractor upon receipt of the Notice to Proceed.
6 The site investigation reports are: [list here the required site
investigation reports.]
7.2 [Select one, delete the other.]
[In case of permanent structures, such as buildings of types 4 and 5 as
classified under the National Building Code of the Philippines and other
structures made of steel, iron, or concrete which comply with relevant
structural codes (e.g., DPWH Standard Specifications), such as, but not
limited to, steel/concrete bridges, flyovers, aircraft movement areas,
ports, dams, tunnels, filtration and treatment plants, sewerage systems,
power plants, transmission and communication towers, railway system,
and other similar permanent structures:] Fifteen (15) years.
[In case of semi-permanent structures, such as buildings of types 1, 2,
and 3 as classified under the National Building Code of the Philippines,
concrete/asphalt roads, concrete river control, drainage, irrigation lined
canals, river landing, deep wells, rock causeway, pedestrian overpass,
and other similar semi-permanent structures:] Five (5) years.
[In case of other structures, such as bailey and wooden bridges, shallow
wells, spring developments, and other similar structures:] Two (2) years.
10 [Select one, delete the other:]
a. Dayworks are applicable at the rate shown in the Contractor’s
original Bid.
b. No dayworks are applicable to the contract.
11.1 The Contractor shall submit the Program of Work to the Procuring
Entity’s Representative within seven (7) calendar days upon receipt of
the Notice of Award.
11.2 The amount to be withheld for late submission of an updated Program of
Work is 1/1000 of ten (10%) of the ABC.
13 The amount of the advance payment shall not exceed 15% of the total
contract price.
14 Materials and equipment delivered on the site but not completely put in
place shall be included for payment.
15.1 The date by which operating and maintenance manuals are required is
one week upon acceptance of the project (if applicable)
The date by which “as built” drawings are required is
one week upon acceptance of the project
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15.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required is
1/1000 of ten (10%) of the ABC.
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Section VI. Specifications I. EQUIPMENT SPECIFICATIONS:
Particulars Requirements
Generator Set ⚫ Diesel Engine, Open Type, In-Line type, four (4) cycle,
water-cooled, turbocharged and after-cooled
⚫ Fuel Efficiency (within the range of 170-210 L/hr at Full
Load)
⚫ 24Vdc Starting Voltage
⚫ Capacity: 750KW (938KVA) – must fit-in to the existing
concrete pad within the powerhouse
Alternator ⚫ 4-pole, revolving field, Class H Insulation, Permanent
Magnet Generator exciter
⚫ 480Vac, 60 Hz, three (3) phase, 1800 RPM
⚫ Voltage Regulation (No Load to Full Load): ±0.5% to ±1%
⚫ Frequency Regulation: Isochronous
Accessories and Features
Note: The Generator Set shall be supplied with genuine accessories but not limited to the following: ⚫ Generator Set Controller ⚫ Radiator with Fan
⚫ Battery Charging Alternator
⚫ Battery Charger
⚫ Residential Muffler
⚫ Exhaust Bellows and fixing kit
⚫ Base rails, Skid Base with anti-vibration mounts
⚫ Electric Starter
⚫ Air Cleaner
⚫ Fuel Filter
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⚫ Lubricating Oil Filter
⚫ Batteries and battery cables
⚫ Consumables such as engine lube oil, coolant, and battery
solution
⚫ Automatic Transfer Switch (ATS) – same brand with the
generator unit
➢ Change-Over Switch Type ➢ LED Indicators ➢ Digital/Analogue Meter Display ➢ Manual/Off/Automatic Switch ➢ With Manual Operation ➢ Under/Over Voltage ➢ Under/Over Frequency ➢ Voltage Imbalance ➢ Phase Loss ➢ Phase Rotation
Generator Set Controller ⚫ Same brand with the Generator Unit
⚫ Suitable for Future Generator Set Paralleling Applications
⚫ Interoperable with the existing generator set for future
Synchronization
⚫ Graphic LED with LCD Backlight
⚫ Digital Power Transfer Control
⚫ Digital Frequency Synchronization and Voltage Matching
⚫ Isochronous Load Share
⚫ Digital Voltage Regulation
⚫ Alternator Over-current Protection
⚫ Genset Monitoring and Metering
⚫ Engine Starting
⚫ Configurable Inputs and Outputs
⚫ Fuel Level, for DENR and Permit to Operate (PTO)
reportorial requirements
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II. SCOPE OF WORKS:
The Prospective Bidder shall:
Supply, deliver, install, testing and commissioning the equipment, materials and accessories procured by NKTI in accordance with the technical specifications and the general terms and condition.
1. Be responsible for the application for the Permit to Install and Operate at DENR-EMB NCR in compliance with RA 8749 also known as Clean Air Act of 1999, including Smoke Emission Test from DENR accredited Laboratory, ALL EXPENSES SHALL BE BORNE BY THE WINNING BIDDER.
2. Use due care and diligence in removing, replacing, adjusting, cutting, drilling, and installing any equipment. Should any damage due to the execution of work occur to the existing or adjacent facilities, utilities, and equipment, shall repaired/restored or replaced by the Contractor without charge. Coordinate with the General Services Division (GSD) for the schedule of works and issuance of work permit.
3. Dismantle and haul-out the existing 500KW and 440KW Cummins Diesel Engine Generator Sets and accessories (KTTA19G2, ESN: 37138470) and (VTA1710GS, ESN: 37105773) to the location specified by the GSD. Submit detailed list of waste materials to GSD.
4. Deliver the required equipment, materials, and consumables, specified in the Bill of Quantities to Warehouse for inspection. The equipment and materials delivered shall meet all requirements of the Purchase Order. In order to expedite the inspection and testing of equipment and materials, the Contractor shall notify in writing the end-user prior to delivery. The Contractor shall conduct preliminary meeting with the GSD regarding logistics requirement.
5. Deliver all equipment, materials and consumables, in a secure packaging and be handled in such manner as to prevent them from any damage. The end-user has the right to refuse/reject any deliveries which has damage/defects and fails to comply with the required specifications. The Contractor shall replace it with a brand new unit. Repair of such is not acceptable.
6. Install the equipment and all required accessories for a complete functional system. The Contractor shall be held to have examined the site/facilities and equipment, deemed to have been satisfied as to the condition of the existing site at the time estimating the work before bidding. Certificate of site inspection shall be issued by NKTI-GSD.
a. Deliver, unload, lift, haul, rig, position, and align the equipment to the designated powerhouse.
b. Fabricate and install the Exhaust Muffler and Pipe with DENR ports complete with necessary hangers and supports including the rock wool insulation and aluminum cladding within the powerhouse.
c. Fabricate and install the Radiator Ducting with canvass isolator complete with necessary brackets and supports.
d. Install the genuine (as per manufacturer’s standard issue) Automatic Transfer Switch (ATS) as including layout, installation of new cable trays and cables (sized
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according to the capacity of the generator set) from generator set to ATS complete with necessary terminal lugs, bolts, and nuts.
e. Connect the generator fuel line to the existing Fuel Day Tank within the powerhouse.
f. Provide all necessary consumables for the fabrication and installation of local works.
7. Installation shall be supervised by a Licensed Mechanical Engineer and Safety Officer
accredited by DOLE.
8. Conduct start-up, testing (no load and with load), and commissioning of the new generator set.
9. Conduct training and seminar for operation, maintenance, and trouble shooting at site to customer’s engineering personnel. A certificate of training shall be issued to the attendees.
10. Conduct Preventive Maintenance (PM) every first week of the quarter and submit PM report to GSD during the Three (3) Year Warranty Period.
III. CONTRACTOR AND MANUFACTURER ELIGIBILITY
The Prospective Bidder shall:
1. Be the Original Equipment Manufacturer or Authorized Distributor of the proposed brand of equipment. Distributor shall submit Certificate of Distributorship for the brand of equipment offered.
2. Be a registered supplier, dealer/distributor of heavy equipment or machinery such as generator sets and specialized in the installation, testing, commissioning, and servicing of generator sets. Company existence shall be at least five (5) years in the local market.
3. The equipment manufacturer shall be ISO Certified or its equivalent.
IV. EQUIPMENT AND MATERIALS SPECIFICATIONS
1. All equipment and materials must be brand new and will be inspected, tested and must be compliant to requirements as stated below before final acceptance by the end-user.
2. All equipment and materials must be delivered according to material specification with label marked, stamped, printed into its body or packaging.
3. All equipment and materials not conforming to the technical specifications/requirements at the time they are delivered shall not be accepted.
4. All equipment, materials, devices, installation, and workmanship. shall conform to the
provisions of one or more of the latest editions of the following standards whichever is
applicable:
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A. Underwriters Laboratories, Inc. (UL2200)
B. National Fire Protection Association (NFPA110)
C. National Electrical Manufacturer’s Association (NEMA)
D. Philippine Electrical Code (PEC)
E. International Organization for Standardization (ISO 8528)
All equipment, materials and devices shall comply with the following specifications, and all materials which are not specified shall be of the best of their respective kind. All electrical equipment, appliances, fixtures, and devices shall be the latest of the current year in design, material and workmanship, and shall be the type or model called for in these specifications. Samples/Brochure complete with product data/specifications of the equipment, material, and devices shall be submitted for approval as required by the End-user prior to purchase. Shop drawings or specification sheet showing detailed equipment technical specifications, features, dimensions and construction details for manufactured/assembled equipment shall be provided for approval by the end-user prior to fabrication.
V. WARRANTY/GUARANTEE
The Winning Bidder shall warrants equipment, parts, services, and workmanship at least three (3) years from the date of final testing and commissioning. The Contractor shall also guarantee that all material, parts, equipment, and workmanship are brand new and free from factory defects. Contractor shall also provide quarterly maintenance service of the unit during the warranty period and shall submit the maintenance checklist.
VI. SUBMITTALS
The Winning Bidder shall submit the following (Hard and soft copy):
a. Operations and Service Manual (Generator Set Controller) b. Operations and Service Manual (Automatic Transfer Switch) c. Operations and Maintenance Manual (Engine) d. Installation, Service and Maintenance Manual (AC Generators) e. Parts Catalogue (Generator Set Controller & Engine) f. Generator Factory and Field Test Report/Certificate g. Tool Set h. Warranty Certificate
VII. PROJECT COMPLETION
Delivery, installation, testing and commissioning shall be within one hundred fifty (150) Calendar Days from receipt of Notice to Proceed. Contractor to provide GANTT Chart for the 150 calendar day.
VIII. TESTING AND COMMISSIONING
Testing and commissioning shall include start-up, verification of proper installation, system initiation, adjustments, alignment and fine tuning by the Manufacturer or Exclusive Distributor/Local Subsidiary. A start-up report outlining equipment performance shall be provided to the end-user’s representative after its completion.
2 units 8,000,000.00 16,000,000.00 2,400,000.00 4,048,000.00 22,448,000.00
1.2
Delivery, unloading, lifting, hauling, rigging, aligning, equipment rental and positioning of generator set to designated power center and fuel line connection from generator set to existing fuel day tank. (for two (2) units)
1 lot 400,000.00 88,000.00 488,000.00
II. Exhaust and Cooling System
2.1
Supply, fabrication and installation of exhaust muffler & pipe with DENR ports complete with hanger & supports, including 50mm thick rockwool insulation, aluminum cladding and consumables. (for two (2) units)
1 lot 350,000.00 350,000.00 105,000.00 100,100.00 555,100.00
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2.2
Supply, fabrication & installation of radiator Ducting maximum 1.5 meters with canvass isolator, hanger, supports & consumables. (for two (2) units)
1 lot 100,000.00 100,000.00 10,000.00 24,200.00 134,200.00
III. Electrical Works
3.1
Supply and installation of 1600A Automatic Transfer Switch (ATS) including layout & termination of power, control cables and trays from Generator to ATS complete with conduit, terminal lugs, bolts, nuts, hangers and supports. (for two (2) units)
1 lot 2,000,000.00 2,000,000.00 200,000.00 484,000.00 2,684,000.00
IV. Delivery, Unloading, Lifting, Hauling, Rigging and Positioning
4.1
Delivery, unloading, lifting, hauling, rigging, aligning and positioning of automatic transfer switch to designated power center. (for two (2) units)
1 lot 150,000.00 33,000.00 183,000.00
V. Dismantling and Restoration Works
5.1
Dismantling of the existing units and obstructions on the power centers, for the access and hauling of units to the designated locations including restoration works. (for two (2) units)
1 lot 100,000.00 22,000.00 122,000.00
VI. Others
6.1
Mobilization/Demobilization, Project Management, Shop Drawings/As Built Plans, Permit to Operate (DENR), Start-up, Testing and Commissioning. (for two (2) units)
1 lot 500,000.00 500,000.00 50,000.00 121,000.00 671,000.00
TOTAL 18,950,000.00 3,415,000.00 4,920,300.00 27,285,300.00
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A. MATERIAL COST
18,950,000.00
B. LABOR COST
3,415,000.00
C. INDIRECT COST
4,920,300.00
TOTAL PROJECT COST (A+B+C)
27,285,300.00
(VAT INCLUSSIVE)
Note: The bid offer shall not exceed the cost per category stated above.
__________________________ _______________________ Printed Name of Company Signature ___________________________ ________________________ Address Printed Name and Designation
BID FORM Date : _________________ Project Identification No.: _________________ To: [name and address of Procuring Entity] Having examined the Philippine Bidding Documents (PBDs) including the Supplemental or Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to [supply/deliver/perform] [description of the Goods] in conformity with the said PBDs for the sum of [total Bid amount in words and figures] or the total calculated bid price, as evaluated and corrected for computational errors, and other bid modifications in accordance with the Price Schedules attached herewith and made part of this Bid. The total bid price includes the cost of all taxes, such as, but not limited to: [specify the applicable taxes, e.g. (i) value added tax (VAT), (ii) income tax, (iii) local taxes, and (iv) other fiscal levies and duties], which are itemized herein or in the Price Schedules, If our Bid is accepted, we undertake: a. To deliver the goods in accordance with the delivery schedule specified in the
Schedule of Requirements of the Philippine Bidding Documents (PBDs);
b. To provide a performance security in the form, amounts, and within the times prescribed in the PBDs;
c. To abide by the Bid Validity Period specified in the PBDs and it shall remain binding upon us at any time before the expiration of that period.
[Insert this paragraph if Foreign-Assisted Project with the Development Partner: Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below: Name and address Amount and Purpose of of agent Currency Commission or gratuity ________________________________________________ ________________________________________________ ________________________________________________ (if none, state “None”) Until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof and your Notice of Award, shall be binding upon us. We understand that you are not bound to accept the Lowest Calculated Bid or any Bid you may receive. We certify/confirm that we comply with the eligibility requirements pursuant to the PBDs. The undersigned is authorized to submit the bid on behalf of [name of the bidder] as evidenced by the attached [state the written authority]. We acknowledge that failure to sign each and every page of this Bid Form, including the attached Schedule of Prices, shall be a ground for the rejection of our bid.
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Name: ___________________________________________________________________ Legal capacity: _____________________________________________________________ Signature: ________________________________________________________________ Duly authorized to sign the Bid for and behalf of: __________________________________
Date: ___________________
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Bid Securing Declaration Form [shall be submitted with the Bid if bidder opts to provide this form of bid security]
_________________________________________________________________________ REPUBLIC OF THE PHILIPPINES) CITY OF _______________________) S.S. BID SECURING DECLARATION Project Identification No.: [Insert number] To: [Insert name and address of the Procuring Entity] 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 procurement contract with any procuring entity for a 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, within fifteen (15) days from receipt of the written demand by the procuring entity for the commission of acts resulting to the enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f),of the IRR of RA No. 9184; without prejudice to other legal action the government may undertake.
3. I/We understand that this Bid Securing Declaration shall cease to be valid on the following circumstances: a. Upon expiration of the bid validity period, or any extension thereof pursuant to
your request;
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; and
c. I am/we are declared the bidder with the Lowest Calculated 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 [month] [year] at [place of execution].
[Insert NAME OF BIDDER OR ITS AUTHORIZED REPRESENTATIVE]
[Insert signatory’s legal capacity] Affiant
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ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
BEFORE ME, a Notary Public for and in ____________________, this _____ day of ___________,
personally appeared the following:
Name Competent Evidence of Identity Date Issue/Expiry Date Place of Issue
He/She are/is both known to me to be the same person/s who executed the foregoing document and he/she
acknowledged to be that their signature/s confirm his/her own voluntary act/s and the entities he/she represent.
SIGNED AND SEALED at the place and on the date above written.
NOTARY PUBLIC
Doc. No. ______________
Page No. ______________
Book No. ______________
Series of 20_____________
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Contract Agreement Form for the Procurement of Goods [Not required to be submitted with the Bid, but it shall be submitted within ten (10) days after
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of
PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the other part;
WHEREAS, the Entity invited Bids for certain goods and ancillary services, particularly [brief description of goods and services] and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of [contract price in words and figures in specified currency] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 4. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to. 5. The following documents as required by the 2016 revised Implementing Rules
and Regulations of Republic Act No. 9184 shall be deemed to form and be read and construed as integral part of this Agreement, viz.:
i. Philippine Bidding Documents (PBDs);
i. Schedule of Requirements;
ii. Technical Specifications;
iii. General and Special Conditions of Contract; and
iv. Supplemental or Bid Bulletins, if any
ii. Winning bidder’s bid, including the Eligibility requirements, Technical and Financial Proposals, and all other documents or statements submitted;
Bid form, including all the documents/statements contained in the Bidder’s bidding envelopes, as annexes, and all other documents submitted (e.g., Bidder’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation;
iii. Performance Security;
iv. Notice of Award of Contract; and the Bidder’s conforme thereto; and
v. Other contract documents that may be required by existing laws and/or the
Procuring Entity concerned in the PBDs. Winning bidder agrees that additional contract documents or information prescribed by the GPPB that are subsequently required for submission after the contract execution, such as the Notice to Proceed, Variation Orders, and Warranty Security, shall likewise form part of the Contract.
48
6. In consideration for the sum of [total contract price in words and figures] or such other sums as may be ascertained, [Named of the bidder] agrees to [state the object of the contract] in accordance with his/her/its Bid.
7. The National Kidney and Transplant Institute agrees to pay the above-mentioned sum in accordance with the terms of the Bidding.
IN WITNESS whereof the parties hereto the parties have caused this Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written
[Insert Name and Signature] [Insert Name and Signature] [Insert Signatory’s Legal Capacity] [Insert Signatory’s Legal Capacity] for: for
[Insert Procuring Entity] [Insert Name of Supplier]
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
BEFORE ME, a Notary Public for and in ____________________, this _____ day of ___________,
personally appeared the following:
Name Competent Evidence of Identity Date Issue/Expiry Date Place of Issue
He/She are/is both known to me to be the same person/s who executed the foregoing document and he/she
acknowledged to be that their signature/s confirm his/her own voluntary act/s and the entities he/she represent.
SIGNED AND SEALED at the place and on the date above written.
NOTARY PUBLIC
Doc. No. ______________
Page No. ______________
Book No. ______________
Series of 20_____________
49
Omnibus Sworn Statement (Revised) [shall be submitted with the Bid]
_________________________________________________________________________ REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.
AFFIDAVIT
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that: 1. [Select one, delete the other:]
[If a sole proprietorship:] I am the sole proprietor or authorized representative of [Name of Bidder] with office address at [address of Bidder]; [If a partnership, corporation, cooperative, or joint venture:] I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder];
2. [Select one, delete the other:]
[If a sole proprietorship:] As the owner and sole proprietor, or authorized representative of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached duly notarized Special Power of Attorney; [If a partnership, corporation, cooperative, or joint venture:] I am granted full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership Resolution, or Special Power of Attorney, whichever is applicable;)];
3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the
Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board, by itself or by relation, membership, association, affiliation, or controlling interest with another blacklisted person or entity as defined and provided for in the Uniform Guidelines on Blacklisting;
4. Each of the documents submitted in satisfaction of the bidding requirements is an
authentic copy of the original, complete, and all statements and information provided therein are true and correct;
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized
representative(s) to verify all the documents submitted; 6. [Select one, delete the rest:]
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[If a sole proprietorship:] The owner or sole proprietor is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; [If a partnership or cooperative:] None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; [If a corporation or joint venture:] None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
7. [Name of Bidder] complies with existing labor laws and standards; and 8. [Name of Bidder] is aware of and has undertaken the responsibilities as a Bidder in
compliance with the Philippine Bidding Documents, which includes:
a. Carefully examining all of the Bidding Documents;
b. Acknowledging all conditions, local or otherwise, affecting the implementation of the Contract;
c. Making an estimate of the facilities available and needed for the contract to be bid, if any; and
d. Inquiring or securing Supplemental/Bid Bulletin(s) issued for the [Name of the Project].
9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity.
10. In case advance payment was made or given, failure to perform or deliver any of
the obligations and undertakings in the contract shall be sufficient grounds to constitute criminal liability for Swindling (Estafa) or the commission of fraud with unfaithfulness or abuse of confidence through misappropriating or converting any payment received by a person or entity under an obligation involving the duty to deliver certain goods or services, to the prejudice of the public and the government of the Philippines pursuant to Article 315 of Act No. 3815 s. 1930, as amended, or the Revised Penal Code.
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IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines.
[Insert NAME OF BIDDER OR ITS AUTHORIZED REPRESENTATIVE] [Insert signatory’s legal capacity]
Affiant
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
BEFORE ME, a Notary Public for and in ____________________, this _____ day of ___________,
personally appeared the following:
Name Competent Evidence of Identity Date Issue/Expiry Date Place of Issue
He/She are/is both known to me to be the same person/s who executed the foregoing document and he/she
acknowledged to be that their signature/s confirm his/her own voluntary act/s and the entities he/she represent.
SIGNED AND SEALED at the place and on the date above written.
NOTARY PUBLIC
Doc. No. ______________
Page No. ______________
Book No. ______________
Series of 20_____________
52
Performance Securing Declaration [if used as an alternative performance security but it is not required to be submitted with the
Bid, as it shall be submitted within ten (10) days after receiving the Notice of Award]
_________________________________________________________________________ REPUBLIC OF THE PHILIPPINES) CITY OF _____________________ ) S.S.
PERFORMANCE SECURING DECLARATION Invitation to Bid: [Insert Reference Number indicated in the Bidding Documents] To: [Insert name and address of the Procuring Entity] I/We, the undersigned, declare that: 1. I/We understand that, according to your conditions, to guarantee the faithful
performance by the supplier/distributor/manufacturer/contractor/consultant of its obligations under the Contract, I/we shall submit a Performance Securing Declaration within a maximum period of ten (10) calendar days from the receipt of the Notice of Award prior to the signing of the Contract.
2. I/We accept that: I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of one (1) year for the first offense, or two (2) years for the second offense, upon receipt of your Blacklisting Order if I/We have violated my/our obligations under the Contract;
3. I/We understand that this Performance Securing Declaration shall cease to be valid
upon:
a. issuance by the Procuring Entity of the Certificate of Final Acceptance, subject to the following conditions:
i. Procuring Entity has no claims filed against the contract awardee;
ii. It has no claims for labor and materials filed against the contractor; and
iii. Other terms of the contract; or
b. replacement by the winning bidder of the submitted PSD with a performance security in any of the prescribed forms under Section 39.2 of the 2016 revised IRR of RA No. 9184 as required by the end-user.
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month] [year] at [place of execution].
[Insert NAME OF BIDDER OR ITS AUTHORIZED REPRESENTATIVE] [Insert signatory’s legal capacity]
Affiant
53
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
BEFORE ME, a Notary Public for and in ____________________, this _____ day of ___________,
personally appeared the following:
Name Competent Evidence of Identity Date Issue/Expiry Date Place of Issue
He/She are/is both known to me to be the same person/s who executed the foregoing document and he/she
acknowledged to be that their signature/s confirm his/her own voluntary act/s and the entities he/she represent.
SIGNED AND SEALED at the place and on the date above written.
NOTARY PUBLIC
Doc. No. ______________
Page No. ______________
Book No. ______________
Series of 20_____________
54
Name of Procuring Entity: NATIONAL KIDNEY AND TRANSPLANT INSTITUTE
Name of Project: _____________________________________________________________________________________________________
STATEMENT OF ONGOING GOVERNMENT & PRIVATE CONTRACTS INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED
Date : ____________________________________________________
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SUBSCRIBED AND SWORN to before me this __ day of [month][year]at [place of execution], Philippines. Affiant/s is/are personally 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. Witness my hand and seal this ___ day of [month] [year].
NAME OF NOTARY PUBLIC Serial No. of Commission ___________ Notary Public for ______ until _______ Roll of Attorneys No. _____ PTR No. __, [date issued], [place issued] IBP No. __, [date issued], [place issued]
MCLE Accreditation No. ____ MCLE Expiration Date ____ Doc. No. ___ Page No. ___ Book No. ____ Series of 2019
SPACE FOR GOVERNMENT ID PRESENTED
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Name of the Procuring Entity: NATIONAL KIDNEY AND TRANSPLANT INSTITUTE
Name of Project: __________________________________________________________
STATEMENT IDENTIFYING SINGLE LARGEST COMPLETED CONTRACT SIMILAR TO THE CONTRACT TO BE BID Business Name : __________________________________________________________
Business Address : __________________________________________________________
Name of Contract a. Owner’s Name
b. Address
c. Telephone Nos.
Nature of Work Bidder’s Role a. Amount at Award
b. Amount at Completion
c. Duration
a. Date Awarded
b. Contract Effectivity
c. Date Completed
Description %
Government
Private
Note: This statement shall be supported with:
1. Contract 2. Certificate of Completion 3. Certificate of Acceptance
Submitted by : ____________________________________________________
Date : ____________________________________________________
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SUBSCRIBED AND SWORN to before me this __ day of [month][year]at [place of execution], Philippines. Affiant/s is/are personally 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. Witness my hand and seal this ___ day of [month] [year].
NAME OF NOTARY PUBLIC Serial No. of Commission ___________ Notary Public for ______ until _______ Roll of Attorneys No. _____ PTR No. __, [date issued], [place issued] IBP No. __, [date issued], [place issued]
MCLE Accreditation No. ____ MCLE Expiration Date ____ Doc. No. ___ Page No. ___ Book No. ____ Series of 2018