The Procuring Entity named in the BDS(hereinafter referred to as the “Procuring Entity”) wishes to receive bids for supply and delivery of the goods as defined in the 2017 Revised Implementing Rules and Regulations (RIRR) of Republic Act (RA) 9184 and described in Section I hereof (hereinafter referred to as the “Goods”).
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
3.1.The Procuring Entity as well as the bidders, contractors, or suppliers shall observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Procuring Entity:
(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 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.
In accordance with Section 47 of the RIRR of RA 9184, all Bidding Documents shall be accompanied by a Proof of Payment for the Tender Registration fee and also and 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), the Technical Working Group (TWG), and 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.
Unless otherwise indicated in the BDS, the following persons/Companies shall be eligible to participate in this bidding:
- Duly licensed and Registered in his/her Country;
- Who has paid the Tender Registration fee of $2,750
- When the Goods sought to be procured are not available from local suppliers;
Bidder’s Responsibilities :
6.1.The Bidder or its duly authorized representative shall submit a statement, in the form prescribed in Section VIII. Bidding Forms, attesting to the following:
(a)It is responsible for:
- Prepare a Tender Application Letter;
- Must Submit their proposal through an Accredited Procurement Representative.
- Must Provide a bank Proof copy of the Tender Registration Fee Payment while submitting their bidding documents.
- Provides Evidence Copy of Company's Registration Certificate
- 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;
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. Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.
6.5.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.
6.7. The Bidder should note that the Procuring Entity will accept bids only from those that have paid the Refundable Tender Registration fee of $2,750 for the Bidding Documents at the office through our bank details which we will provided to the bidder n request.
Unless otherwise indicated in the BDS, there is no restriction on the origin of Goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause E.27.1
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. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English.
Prices shall be quoted in the following currencies:
(a)For Goods that the Bidder will supply from within the Philippines or Outside Philippines, the prices shall be quoted in USD or Euros and Pounds.
- 15.1.The Bidder shall complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project.
- The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP),Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS)published by the International Chamber of Commerce, Paris.
- Bids shall remain valid for the period specified in the BDS which shall not exceed (120-365) calendar days from the date of the opening of bids and signing of the Contract Agreement.
- 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 Clause 18 should also be extended corresponding to, at least, the extension of the bid validity period. 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.
- Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Bidding Forms on or before the deadline specified in the ITB Clauses 21 in sealed bid envelopes.
- 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.
- Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause 21,shall be declared “Late” and shall not be accepted by the Procuring Entity.
- Subject to ITB Clause E.29, the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be substantially responsive and has been determined to be the Lowest Calculated Responsive Bid.
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 personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within 48-hours by the Bidder with the Lowest Calculated Responsive Bid and submitted personally or sent by registered mail or electronically to the Procuring Entity
- 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.
- To guarantee the faithful performance by the winning bidder of its obligations under the contract, in accordance with the Bidding
Documents, it shall post a performance security prior to the signing of the contract.
The performance security denominated in United State Dollars or any Currency valid until issuance by the Procuring Entity of the Certificate of Final Acceptance shall be posted in favor of the PROCURING ENTITY in an amount notless than the required percentage of the total contract price, which shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract.
- The payment method of the contract is 100% upfront payment by T/T Wire transfer immediately every contract procedures are completed by both parties.
The winner shall receive his/her full contract value immediately the contract agreement is signed and immediately every contract procedures are completed before supply and shipment.
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