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1 Republika ng Pilipinas Republic of the Philippines Kagawaran ng Tanggulang Pambansa Department of National Defense DND BIDS AND AWARDS COMMITTEE 24 July 2014 SUPLEMENTAL BID BULLETIN NR. DND-AFP/PAF-LRPA-14-07-001 (Long Range Patrol Aircraft Acquisition Project) This Supplemental Bid Bulletin is issued to inform prospective bidders the modifications/amendments that shall form part of the bidding documents for the Long Range Patrol Aircraft Acquisition Project of the Philippine Air Force: ELBIT SYSTEMS Item No. Clause No. Clarifications/Queries Answers 1. Invitation to Bid Para 6 Submission and opening of bids from June 13, 2014 to at least August 8, 2014. Please see SBB DND-AFP/PAF- LRPA-14-06-002 2. Similar contract refers to Contracts pertaining to the supply and delivery of aircraft or airborne platform with airborne sensors capable of performing ISR mission in wide areas, provided that the bidder is an OEM of one of the major components platform or sensors) of the LRPA The definition of Similar Contracts shall be retained as specified in ITB clause 5.4; As required therein only manned aircraft are required. 3. Sec III BDS ITB Clause 12.1 Tab “D” Statement of all ongoing and completed government and private contracts within the last ten (10) years from the date of submission and receipt of bids, including contracts awarded but not yet started, if any. Yes. Section III BDS ITB Clause 12.1 Tab “D” is hereby amended to read: “Statement of all ongoing government and private contracts within the last ten (10) years from the date of submission and receipt of bids, including contracts awarded but not yet started, if any” Additionally, the following instructions are hereby

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Page 1: Republika ng Pilipinas Kagawaran ng Tanggulang Pambansa€¦ · Kagawaran ng Tanggulang Pambansa Department of National Defense DND BIDS AND AWARDS COMMITTEE 24 July 2014 SUPLEMENTAL

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Republika ng Pilipinas Republic of the Philippines

Kagawaran ng Tanggulang Pambansa Department of National Defense

DND BIDS AND AWARDS COMMITTEE

24 July 2014

SUPLEMENTAL BID BULLETIN NR. DND-AFP/PAF-LRPA-14-07-001 (Long Range Patrol Aircraft Acquisition Project)

This Supplemental Bid Bulletin is issued to inform prospective bidders the modifications/amendments that shall form part of the bidding documents for the Long Range Patrol Aircraft Acquisition Project of the Philippine Air Force:

ELBIT SYSTEMS Item No.

Clause No.

Clarifications/Queries Answers

1. Invitation to Bid

Para 6

Submission and opening of bids from June 13, 2014 to at least August 8, 2014.

Please see SBB DND-AFP/PAF-LRPA-14-06-002

2. Similar contract refers to Contracts pertaining to the supply and delivery of aircraft or airborne platform with airborne sensors capable of performing ISR mission in wide areas, provided that the bidder is an OEM of one of the major components platform or sensors) of the LRPA

The definition of Similar Contracts shall be retained as specified in ITB clause 5.4; As required therein only manned aircraft are required.

3. Sec III BDS ITB Clause

12.1 Tab “D”

Statement of all ongoing and completed government and private contracts within the last ten (10) years from the date of submission and receipt of bids, including contracts awarded but not yet started, if any.

Yes. Section III BDS ITB Clause 12.1 Tab “D” is hereby amended to read: “Statement of all ongoing government and private contracts within the last ten (10) years from the date of submission and receipt of bids, including contracts awarded but not yet started, if any” Additionally, the following instructions are hereby

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incorporated: (1) Bidders need not disclose the End user or client (2) Bidders need not provide any documentary proof to support the declaration Subject to presentation/validation of supporting documents during post qualification.

4. Sec III BDS ITB

Clause12.1 Tab “D”

Statement of all ongoing and similar completed government and private contracts within the last ten (10) years from the date of submission and receipt of bids, including contracts awarded but not yet started, if any.

Yes. Section III BDS ITB Clause 12.1 Tab “D” is hereby amended to read: Statement of at least one similar completed largest contract within ten (10) years from the date of the opening of bids equivalent to at least 50% of the ABC. Please refer to Tab “E” of the revised Bidding Documents.

5. Sec III BDS ITB Clause

12.1 Tab “H”

Appropriate ISO Certification or Military Qualification Certification issued by the corresponding Defense Government Authority from the country of origin for sensors.

Aircraft and sensors manufacturers should be covered with ISO 9001:2008 or Military Qualification Certification.

6. Sec III BDS ITB Clause 12.1 Tab “J”

FAA Compliance Certificate or its equivalent for the aircraft or airborne platform.

FAA Compliance Certificate or its equivalent or Military Qualification Certification for the aircraft only. Refer to answer item nr 2.

7. Sec III BDS ITB Clause 12.1 Tab “L”

Bid Security – To be submitted during the Second Stage of Bidding

We confirm that the Bid Security will be submitted during the Second Stage of bidding together with the conformity to the final technical specifications and financial proposal. (Sec III BDS ITB Clause 13.1 TAB “A”).

8. “Conformity with technical specifications, as enumerated and specified in Sec VI & VII - To be submitted during the Second Stage of Bidding

- For Stage I, only a technical proposal needs

For First Stage, initial technical proposals, the technical specifications as enumerated under Sec VI & VII of the Bid Documents should be read and understood as the minimum performance parameters of the

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to be submitted by the Bidder to meet the CONOPS stated

- Further, there will be no need to submit the required Compliance Tables for Sec VI & VII

project. This is an eligibility document that should be complied with by the prospective bidder during the First Stage bidding in order to qualify in the Second Stage bidding. (refer to the revised Bid Documents) The SBAC-1 shall issue the final technical specifications prior to the Second Stage bidding which shall also be complied with by the qualified bidder and included in the submission of the financial component.

9. Sec III BDS ITB Clause

12.1 Tab “M”

Certification that the proposed platform and or its sensors is being used by the Armed Forces of the country of origin or by the Armed Forces of at least two (2) other countries

Retain Tab “M” ITB Clause 12.1 of Sec III BDS Prospective bidders shall submit, as appropriate, separate certifications as to the platforms and sensors. Refer to TAB “N” ITB Clause 12.1 of Sec III BDS. Said certification shall also be submitted during the Second Stage Bidding.

10. Sec III BDS- ITB Clause

12.1 Tabs “A” & “B”

Sec III. BDS- ITB Clause 12.1 Tabs A & B – To be submitted during the Second Stage of Bidding

Tabs “A” and “B” ITB Clause 12.1, Section III BDS should be submitted during the First Stage Bidding

AIR BUS DEFENCE & SPACE Item No.

Clause No.

Clarifications/Queries Answers

1. Sec III BDS ITB Clause

12.1

Certification of Eligibility Documents related to the Invitation to Bid Long Range Patrol Aircraft Acquisition Projects and the Close Air Support Project. Request for a certification that the SEC, Mayor’s Permit, Audited Financial Statements, Tax Clearance and Certificate of PhilGEPS Registration submitted for the Medium Lift Aircraft (MLA) program, so this certification can be submitted during the LRPA bids in lieu of the said documents.

Certified True Copies issued by the holder of bidding documents may be submitted during bid opening provided that the same documents are current and updated. Under Section 7 of Rule 130 of the Rules of Court, when the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof.

2. Please confirm that a workshop All bidders who passed the First

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would take place just immediately after the submission of the responses for the First Stage Phase. Please also confirm that all contenders that have been considered eligible will have the right to participate in independent workshops in front of the Technical Working Group. Finally, please confirm that a final collective meeting with all the contenders would take place before issuing a Revised Technical specifications

Stage of bidding will be given a chance to participate in independent workshop with the Technical Working Group for the purpose of crafting the final technical specifications of the project. Pursuant to Section 30.3 of the IRR of RA 9184, the following steps shall be undertaken:

1. Bidders declared eligible in the First Stage shall submit a revised technical proposal.

2. Evaluation of the technical merits of the proposal received from eligible bidders vis-à-vis the required performance standards.

3. Individual meetings with eligible bidders for purposes of clarification of their submitted revised technical proposal; and

4. Collective discussion for purposes of drawing up the final revised technical specifications/requirements of the contract;

5. Once the final revised technical specifications are completed and duly approved by the SBAC-1, copies of the same shall be issued to all bidders identified in the First Stage who shall then be required to submit their revised technical tenders, including their price proposals in two (2) separate sealed envelopes

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3.

Sec III BDS ITB Clause

12.1 (a)

With regard to the Legal Document D. (Statement of ongoing and completed contracts), please

confirm the following:

a. Customer name would not be disclosed due to confidentiality

clauses within the contract

b. Only similar contracts(MPA/ASW) would be

taken into account

Bidders may opt not to disclose customer’s names, addresses and contact details in the statements that will be submitted if there is confidentiality clause in their contract. This, however, is subject to Post Qualification. No. Following statements to be submitted: (1) Statement of all ongoing government and private contracts including contracts awarded but not yet started, if any, whether similar or not similar in nature and complexity to the contract to be bid, within the last ten (10) years from the date of the submission and receipt of bids; and (2) Statement of at least one (1) completed contract that is similar to the contract to be bid, and whose value must at least be fifty percent (50%) of the ABC. For the first requirement, bidders are required to declare all ongoing contracts, whether similar or not. For the second requirement, however, only one (1) similar completed contract is required. For this purpose, Similar Contract refers to Contracts pertaining to the supply and delivery of aircraft with airborne sensors capable of performing ISR mission in wide areas, provided that the Bidder is an OEM of one of the major components (Platform/Sensors) of the LRPA.

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Sec III BDS ITB Clause

12.1

c. Both completed and ongoing documents have to be stated

No, supporting documents need not be submitted during First Stage Bidding; however these documents shall be subject to verification/validation during Post Qualification.

4. Sec III BDS ITB Clause

12.1 Tab “H”

With regard to the Legal Document G. (Appropriate ISO certification for sensors): As the final technical configuration of the A/C would not be known until a Revised Technical specifications is issued, could be the platform manufacturer ISO Certification issued instead of the sensors one?

Aircraft and sensors manufacturers should be covered with ISO 9001:2008 or Military Qualification Certification

5. Sec III BDS ITB Clause 12.1 Tab “L”

With regards to the Technical Document L. (Bid Security), the form for the Affidavit of Bid Securing Declaration is not included in section VIII.

The template of the Affidavit of Bid Securing Declaration, which shall only be submitted during Second Stage Bidding, is now incorporated in the revised Bid Docs Section VIII

6. Please confirm that conformity with technical specifications (Sections VI and VII) is no longer requested and own documents explaining the company capabilities could be issued instead.

For Stage 1, the technical specifications as enumerated under Sec VI & VII of the Bid Documents should be read and understood as the minimum performance parameters of the project. This is an eligibility document that should be complied with by the prospective bidder during the First Stage bidding in order to qualify in the Second Stage bidding. (Refer to the attached revised Bid Documents) The SBAC1 shall issue the final technical specifications prior to the Second Stage bidding which shall also be complied with by

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the prospective bidder and included in the submission of the financial component.

7. Please confirm that certified true copies issued by the holder of the relevant bidding documents previously used to other tenders can be submitted.

Certified True Copies issued by the custodian of bidding documents may be submitted during bid opening provided that the same documents are current and updated and subject to validation during Post Qualification. Under Section 7 of Rule 130 of the Rules of Court, when the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof.

8. Sec II Instruction To Bidders para 2

In section II page 23, it is stated that the bidder shall prepare and submit 7 copies of the bid. In section III page 38, 10 copies of the bid are requested instead, please confirm which is the correct approach

Provision 12 of the Bid Data Sheet will govern, to wit: Eligibility Components: Ten (10) copies of original/certified true copy/photocopies.

9. Provisional sum to cover the appreciation/depreciation of the peso from the day of bid opening through the time of the opening of LC, including the accrual of expenses by reason of the opening of letters of credit a. Pursuant to Section 61 of the republic Act 9184 and its counterpart provision in the Implementing Rules and Regulations (IRR), is the application of Appendix 10 “guidelines for procurements involving foreign-denominated bids, contract prices and payment using letters of credit” foreseen?

Please refer to Section 9.1 of the General conditions of the Contract. Price for this project is fixed.

10. Sec III BDS- ITB Clause

34.2

Payment plan (Section VI) a. Could the T0 considered for the

Provision 34.2 of the Bid Data Sheet provides the effective date of the Contract shall be upon

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deliveries be computed from the opening of the letter of credit rather than the Notice to Proceed?

receipt of the Notice to Proceed or the period stated therein.

11. Section IV article 4 and

20

Laws and arbitration As per the Republic Act 9184, the parties could agree in writing to resort to alternative modes of dispute resolution. Could an alternative mode of dispute resolution be agreed and indicated in a supplemental bid bulletin?

Section IV, Clause 20 of the General Conditions of Contract is sufficient to settle disputes.

12. Sec V SCC 6.2 Incidental Services. It is indicated that “the Supplier is required to provide all the following services, including additional services, if any, as specified in the Section VI. Schedule of Requirements:”

Sec V SCC 6.2 para b

a. Repair of components/s of the supplier GOODS shall be done not more than thirty (30) calendar days after the item/s is sent back to the SUPPLIER. Question: for some equipment (specially related with Mission and antisubmarine equipment), this cannot be ensured due to the long lead times for repair of these equipment

b. Performance or supervision or maintenance and/or repair of the supplied GOODS, for thirty (30) days, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract.

Question: it is understood that in case Customer requires this support, it will be quoted and subject to the corresponding Purchase Order and specific Terms and Conditions. For the avoidance of doubt, in the case that an element fails, the warranty of the

Should there be necessary repair of defective spare parts/items either of the aircraft or sensors, this should not take more than forty-five (45) calendar days so as not to hamper the scheduled operation of LRPA. Cannot consider the request as it is the supplier’s obligation to cover all the defects of the supplied goods whether it necessitates repair/replacement or maintenance work

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Sec V SCC 6.2 para f

Contract will cover the repair, but not any maintenance/working party effort

c. Training for a given period as deemed necessary by the end user at the Supplier’s plant and/or on-site for not less than fifty (50) personnel in the assembly, star-up, operation, maintenance, and/or repair of the supplied GOODS shall be completed at least thirty (30) calendar days prior to the delivery of the first Long Range Patrol Aircraft

Question: please note that the duration of the courses is determined by the corresponding certified approved syllabus, so they shall not be modified. The 30 days requirement implies that the aircraft will stay in Seville during 30 days before the ferry flight without any operation being performed on/with it. Also, in order to gain in flexibility, ADS kindly request Customer to consider the possibility of dividing the training in a minimum of two batches associated with each aircraft

No objection on the possibility of dividing the training in batches at the option of the supplier. However, the 30 days completion of training prior to the delivery of the first LRPA is retained.

13. Sec V SCC 17.3

Two (2) years warranty on aircraft, sensors, sensors integration, mission support facility and spare parts from the issuance of the certificate of final acceptance. Question: ADS kindly request Customer to include a flight hours limit as is normally used within the industry, such as “Two (2) years warranty or one thousand (1000) flight hours, whichever occurs first”.

Two (2) years warranty or 1500 flight hours whichever comes first.

14. Sec V SCC 17.4 and 17.5

The period for correction of defects in the warranty period is thirty (30) calendar days. The warranty should cover any and all defects that may be discovered during the warranty period of two years. The proponent are required to provide a

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temporary replacement unit or to replace the whole system itself immediately or not later than one month which will be used until the equipment is repaired in the proponent’s facility at no cost to the PAF. Question: for some equipment (specially related with the Mission and antisubmarine equipment), this cannot be ensured due to the long lead times for the repair of these equipment. In some case and for some specific equipment, a temporary replacement could not be available. In that case, ADS request that a waiver methodology to be included in the conditions of the Contract

Cannot consider the request as it is the supplier’s obligation to cover all the defects of the supplied goods within 45 calendar days.

RAYTHEON Item No.

Clause No.

Clarifications/Queries Answers

1. Sec I, Invitation To

Bid para 5

Please provide further clarification on the purchase of bidding documents that identifies the types of traceable transactions that are acceptable (check, money order, credit card, etc.)

The acceptable forms of payment are cash or manager’s check only. Check payments shall be to the order of Department of National Defense-Bids and Awards Committee (DND-BAC).

2. We have downloaded the documents as allowed in the ITB. Please confirm these are all the sections that will be used for usage for stage 1. We understand there is a section 8 that may also be available, in hard copy, please clarify.

The complete revised Bid Document, consisting of Sections I-IX, is attached hereto and is also available in the PhilGEPS and the BAC Secretariat.

3.

Sec III BDS-ITB Clause

12.1

Section II, ITB, Page 15, under “Documents Comprising the Bid: Eligibility and Technical components”. Class A Documents; a. Please clarify the need for the Mayors permit. This does not seem to apply to foreign bidders.

Refer to Clause 12.1 Section III BDS, the foreign bidders shall submit the foreign equivalent of the documents.

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b. Please confirm that foreign firms can supply other forms of financial statements (such as the Corporation’s Annual Report) in lieu of the BIR stamped statement.

If there is no equivalent, the proponent shall issue Certificate of No Equivalent, subject to validation/verification during Post Qualification. Pursuant to GPPB Resolution Nr 11-2014 dated 23 May 2014- Foreign bidders may submit audited financial statements provided the same are in accordance with international financial reporting standards.

4. Lastly please provide clarification whether there is further opportunity to ask questions beyond the initial 3 day period. Such as after any supplemental bulletin are released.

The last day of submission of written queries is ten (10) days before the submission and opening of bids.

IAI ELTA SYSTEM LTD Item No.

Clause No.

Clarifications/Queries Answers

1. We would respectfully request a 30 day extension of the bid closing date (currently defined as June 24) due to the lengthy process of authentication and certification of the required bid documents of the LRPA, a process which must involve among others the Israeli Ministry of Foreign Affairs, Ministry of justice, Embassy ETC.

Please see SBB DND-AFP/PAF-LRPA-14-06-002

2. Consideration of the attached advantages between the Turbo Prop plane currently defined in the LRPA bid docs and IAI/ELTA’s proposal for a G250 Jet based Engine Platform, which we do manufacture

The end user deemed it necessary to have a Turbo Prop engine because it is fuel efficient and easy to maintain for the fact that our maintenance personnel are already familiar with the system of Turbo Prop engine. It is also less susceptible to foreign object damage

3. For your consideration, we attach a detailed technical specification of our proposed Radar solution.

The proposal will be discussed during the scheduled technical discussion prior the 2nd Stage Bidding

4. We would like to request an extension for the submission of first

Please see SBB DND-AFP/PAF-LRPA-14-06-002

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stage of the Long Range Patrol Aircraft Two Stage bidding, to the end of July 2014.

SAAB TECHNOLOGY Item No.

Clause No.

Clarifications/Queries Answers

1. Definition of Brand New Platforms

Brand new refers to factory new or newly built

2. Request to delay the closure the “First Stage Bid” for a minimum of 3 weeks

Please see SBB DND-AFP/PAF-LRPA-14-06-002

3. Section VII Technical

specifications Item nr 28

Section VII, Item 6, Very High Frequency (VHF) Communication and Ultra High Frequency (UHF) Communication: The VHF-FM radio shall allow the aircraft to communicate with AFP ground troops, PN vessels and other military aircraft in the secure mode using the existing encryption system of the AFP. The radio shall have frequency hopping and automatic link establishment (ALE) features that are interoperable with the existing mil-spec radio in the AFP inventory. Question: What kind of Crypto system do you refer to?

The technical specifications of the Very High Frequency (VHF) Communication and Ultra High Frequency (UHF) Communication radio will be discussed during the scheduled technical discussions prior the 2nd Stage Bidding

4. Section VII Technical

specifications Item nr 32

Section VII, Item 6, Encryption unit: Should contain at least one (1) encryption unit that will provide reliable and secure data exchange and outstanding voice clarity in a highly secure environment that is fully compatible with mission HR, VHR, UHR and other narrowband communications channels. The type of encryption shall be dependent on the type being required by the AFP. Question: What kind of Crypto system do you refer?

The technical specifications of the Encryption unit will be discussed during the scheduled technical discussions prior the 2nd Stage Bidding

5 Section VII Technical

specifications Item nr 36

Section VII, Item 9, Mission system: Likewise, it must have automatic generation of standard messages and reports, moving map display with overlay of mission

The technical specifications of the Mission System Data Link will be discussed during the scheduled technical discussions prior the 2nd Stage Bidding

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data and data communication via satellite link and HF link. Question: Is this a data link you refer?

6 Section VII Technical specifications Item nr 48

Section VII, Item 9, Tactical Data Link: Type and specification is dependent on the data link required by the AFP. What kind of data link do you refer to?

The technical specifications of the Tactical Data Link will be discussed during the scheduled technical discussions prior the 2nd Stage Bidding

7. In the Bidding Documents page 38-39 Table L it is requested for a “Bid Security” for the Stage 1 Submission. Question: Is this really necessary for the first stage submission.

Bid Security will be submitted during the Second Stage of bidding together with the conformity with the final technical specifications and financial proposal. (Sec III BDS ITB Clause 13.1 TAB “A” of the revised Bidding Documents).

8. When we study the “Instruction for Bidders” its requested to have both a technical package as well as a commercial package delivered for the first stage. Question: Is this correct understood because I understood from the pre-bidders conf. that a commercial package was not requested for the First Stage. SAAB have in mind to produce two technical solutions for DND

1. One solution to be matched against the set LRPA budget.

2. One solution to be matched against the full technical requirement.

The required proposed technical solution shall be based on the performance parameters of the technical specifications for the first stage bidding.

PT. DIRGANTARA INDONESIA (Persero) Item No.

Clause No.

Clarifications/Queries Answers

1 Invitation To Bid para 7

Considering the complexity of the aircraft configuration, we propose the First Stage Bids must be delivered to the address below on

Please see SBB DND-AFP/PAF-LRPA-14-06-002

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or before June 23, 2014.

2 Section II Instruction To Bidder 24.1 &

ITB VII

1st Stage: Statement of Compliance to Technical specifications: As it has been explained during the Pre Bidding Conference that on the First Stage the proponent shall not submit “comply” or “non-comply” matrix, but shall explain the capability and may submit a proposal. Different company may submit different proposal.

The technical specifications as enumerated under Sec VI & VII of the Bid Documents should be read and understood as the minimum performance parameters of the project. This is an eligibility document that should be complied with by the prospective bidder during the First Stage bidding in order to qualify in the Second Stage bidding. (Refer to the attached Technical Specifications) The SBAC1 shall issue the final technical specifications prior to the Second Stage bidding which shall also be complied with by the prospective bidder and included in the submission of the financial component.

3. We identified that there is inconsistency between the Bidding document and the explanation during the Pre Bidding Conference. Could you provide us clarification about the matter?

Refer to item nr 2.

4. If it does not use “Comply” or “Not Comply” matrix, could you provide us the applicable format?

Refer to item nr 2. The applicable format is included in the attached revised Bid Documents.

5. Section II Instruction To Bidder 24.2

It is in the Two Stage Bidding that the Technical specifications/requirement is not well defined. Please provide us clarification on the following statement: the bidders met the minimum required standard? Considering the Technical specifications is not well defined.

Refer to items nr 2 and 4.

6. Section II Instruction To

Eligible Bidders: How if the Financial Statement has been

Refer to Clause 12.1 Section III BDS, the foreign bidders shall

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Bidders, Page 11

reported to the BIR (Ministry of Finance), but is not through Electronic Filing and Payment System?

submit the foreign equivalent of the documents. However, pursuant to GPPB Resolution Nr 11-2014 dated 23 May 2014- Foreign bidders may submit audited financial statements provided the same are in accordance with International Financial Reporting Standards.

7. Section III BDS-ITB

Clause 12.1 Tab “D”

It was explained during the Pre Bidding Conference that only ongoing contracts are required.

Section III BDS ITB Clause 12.1 Tab “D” is hereby amended to read: “Statement of all ongoing government and private contracts within the last ten (10) years from the date of submission and receipt of bids, including contracts awarded but not yet started, if any” Additionally, the following instructions are hereby incorporated: (1) Bidders need not disclose the End user or client (2) Bidders need not provide any documentary proof to support the declaration Subject to presentation/validation of supporting documents during post qualification. Furthermore, Section III BDS ITB Clause 12.1 Tab “D” is hereby amended to read: Statement of at least one similar completed largest contract within ten (10) years from the date of the opening of bids equivalent to at least 50% of the ABC. Please refer to Tab “E” of the revised Bidding Documents.

8. Section III BDS-ITB

Clause 12.1 Tab “I”

It was explained during the Pre Bidding Conference that for the JV, partnering company shall submit Company Registration (Tab “A”), Mayor’s permit (Tab “B”) and Tax Clearance (Tab “C”) only

We confirm that for each partner of the joint venture, they shall submit the legal eligibility documents (TABS “A”, “B” “C”, “I”, and the latest Income and Business Tax Return).

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Note: not all documents Tab “A” up to “I”. Please provide confirmation about this matter?

The submission of the technical and financial eligibility documents (TABS “D”, “E”, “F”, “G”. “H” and “J”) by any of the joint venture partners constitutes compliance.

9. Section III BDS-ITB

Clause 12.1 Tab “I”

We have received the Certificate from DND for Eligibility Document (document is attached with the validity one (1) year commencing from the date of issue. Could you provide us confirmation the validity of the aforementioned Certificate?

The bidder shall submit a new set of documents or a certified true copy of the original documents issued by the holder of the same. Additionally, please refer to the answer in Item No 7 of Airbus Defence and Space’s query.

10. Section III BDS-ITB

Clause 12.1 Tab “H”

Could you please specify the sensors which have to have ISO Certification

All manufacturers of sensors and aircraft. It should be ISO 9001:2008

11. Section VI Schedule of Requirement

Nr 1

Considering the Complexity of aircraft configuration, we would like to propose the delivery time of the aircraft to be changed as follow: within 912 calendar days after Opening of the Letter Credit

Due to the urgency for the need of LRPA capability based on the prevailing national security situation, the delivery period cannot be changed. The request for extension of delivery period is not practical since there are proponents/manufacturers that could deliver the project within the specified time frame stipulated in Sec VI-Schedule of Requirements

12. Section II BDS-ITB

Clause 12.1 Tab “J”

Considering that the aircraft shall be equipped with Military Mission equipment and operated by the Armed Forces of the Philippines, the aircraft can’t be certified by Civil Authority. It shall be certified by Military Authority. It has been explained during the Pre Bidding Conference that Certification by Military Authority is acceptable. However, we propose the Military Certification is clearly stated on the bidding document.

FAA Compliance Certificate or its equivalent or Military Qualification Certification

13. Section VII Minimum Payload at maximum fuel

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Technical Specifications

Item Nr 4

(Total) Ref. Section VII, number 2, Capabilities; the important capability is to provide aerial reconnaissance and surveillance operations. Ref. Section VII, number 4, Internal Configuration, in which the cabin is fully equipped with Mission System. The requirement of payload is applicable when the aircraft will be operated for carrying passengers or cargo. The most important parameters for Long Range Patrol Aircraft are endurance and range. Based on the above mentioned statement, we humbly propose the requirement of the payload to be modified as follow: Existing: Minimum Payload at maximum fuel (total) should be at least 11,000 lbs. New (revised): Minimum Payload, should be at least 11,000 lbs.

At least 11,000 lbs, is a mandatory requirement which includes the weight of all sensors and equipment onboard, the total weight of crew compliments for a 7-hour mission and provisional equipment for the ASW future growth.

14. Section VII Technical

specifications Item nr 19

On the Cabin shall be installed four operator seats and two observer seats. These six seats will have all features as mentioned on the technical specifications. It is assumed that 4 remaining seats would be installed at rest area that usually double seats fitted on the seat rack (without forward and aft tracking) please provide confirmation.

The request could not be granted since the architectural design of the cabin seats stipulated in the Technical specifications, aside from safety and comfort for the aircrew, also provides the needed functionality which is an added requirement for the operations.

15. Section VII Technical

specifications Item nr 44

Could you specify the type of Sonobuoy (Active) is preferred by DND/AFP?

The technical specifications of the Sonobuoy(Active) will be discussed during the scheduled technical discussion prior the 2nd Stage Bidding

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16. Section VII Technical

specifications Item nr 45

Could you specify the type of Sonobuoy (Passive) is preferred by DND/AFP?

The technical specifications of the Sonobuoy(Passive) will be discussed during the scheduled technical discussion prior the 2nd Stage Bidding

17. Section VII Technical

specifications Item nr 46

Could you specify the type of Bathythermal Buoy is preferred by DND/AFP?

The technical specifications of the Bathythermal buoy will be discussed during the scheduled technical discussion prior the 2nd Stage Bidding

18. Section VII Technical specifications Item nr 47

Could you specify the type of data link is preferred by DND/AFP?

Performance parameters are well defined in the bidding documents, however the specific details of its technical specifications will be discussed during the scheduled technical discussions prior the 2nd Stage Bidding

19. Section VII Technical specifications Item nr 48

Could you specify the type of data link is preferred by DND/AFP?

The technical specifications of the Tactical Data Link will be discussed during the scheduled technical discussions prior the 2nd Stage Bidding

20. Section VII Technical specifications Item nr 36

Could you provide us the type of existing communication equipment with PAF unit and other branches of service?

Performance parameters are well defined in the bidding documents, however the specific details of its technical specifications will be discussed during the scheduled technical discussion prior the 2nd Stage Bidding

21. Section VII Item2 & Pre Bidding Conference Presentation

In order to define an accurate Mission Profile and endurance of the aircraft, could you provide us information about the distance between Operation base and Operation Zone?

Regardless of mission profile, the required LRPA must have a range of at least 1,400 NM at a cruising speed of at least 200 Kts.

BOMBARDIER AEROSPACE Item No.

Clause No.

Clarifications/Queries Answers

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1. Request for Extension of Stage 1 submission date July 4, 2014, COB Manila Time

Please see SBB DND-AFP/PAF-LRPA-14-06-002

2. Alternate means to complete Document Purchase Process

The Bidding Documents can only be officially bought from the DND-BAC Secretariat.

L3 Mission Integration Item No.

Clause No.

Clarifications/Queries Answers

1. Invitation to Bid

Para 6

We would like to submit a request to delay the closure of the “First Stage Bid” for a minimum of 3 weeks.

Please see SBB DND-AFP/PAF-LRPA-14-06-002

2. Sec I, Invitation To

Bid para 5

There is an issue that was discussed regarding the ability to pay online for either the membership or the document fee. We are happy to do so. With that acknowledged complication would you be good enough to either provide us with a payment method and to pass along our request?

The acceptable forms of payment are cash or manager’s check only. Check payments shall be to the order of Department of National Defense-Bids and Awards Committee (DND-BAC).

3. It is our understanding, from a previous round of question as well as information learned from our attendance at the First Bidders Conference, that we will need to pay the PHP75,000.00 for the bidders documents in order for us to attain the bid certificate to submit our First Stage Response. Can you please confirm this to be correct?

Yes. Pursuant to Appendix 25 of the Implementing Rules and Regulation of RA 9184, the cost of bidding documents for projects with ABC of more than 500M is 75,000 pesos.

4. When will the supplemental bid bulletin be issued incorporating the ITB requirement changes announced at the 30 May 2014 Bidder’s conference?

Pursuant to 22.5.1 of the Implementing Rules and Regulation of RA 9184, the BAC shall issue a Supplemental Bid Bulletin at least seven (7) calendar days before the deadline for the submission and receipt of bids. Hence, the SBAC-1 has until 28 July 2014 to issue the SBB.

5. Since the supplemental bid issuance has been delayed, will it include a further extension of the

Please see SBB DND-AFP/PAF-LRPA-14-06-002.

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First Stage Bid submission schedule?

6. Sec III BDS ITB Clause 12.1 Tab “L”

At the bidder’s conference it was stated that the Bid Security will not be required until submission of the Stage 2 bid. Is this confirmed and will it be stated in the anticipated Supplemental Bid Bulletin?

The Bid Security will be submitted during the Second Stage of bidding together with the conformity to the final technical specifications and financial proposal. (Sec III BDS ITB Clause 13.1 TAB “A”).

7. No requirement is stated in the bidding documents for a foreign bidder to provide counter-trade, in-country manufacture, co-production nor other similar arrangements. Will a successful bidder incur any such obligation under the resulting contract or under applicable law?

There is no counter trade component of this project.

8. Must a Foreign Bidder, for Stage 1 submission, have a Philippine Tax Registration and Tax Identification Number?

Although the Tax Identification number is not required to be submitted during bid opening, however, the same is required for the issuance of Tax Clearance Certificate. Under GPPB Resolution No. 11-2014 dated 23 May 2014, Non-Resident Foreign Corporations (NFRC) or Non-Resident Aliens Not Engaged in Trade or Business (NRANETB) are not required to file tax returns through EFPS as they are not considered as “doing business” in the Philippines

LOCKHEED MARTIN Item

No.

Clause No.

Clarifications/Queries Answers

1. Invitation to Bid

Para 6

Request consideration to extend the Long Range Patrol Aircraft (LRPA) Stage 1 proposal due date from 9 July 2014 to 23 July 2014

Please see SBB DND-AFP/PAF-LRPA-14-06-002

2. The ITB references in several places “Clause 0”. For example, it is noted on page 8, 13, 16, 17, et al. Where is this clause located in the document?

Corrections in the clause numbers shall be reflected in the revised Bid Docs.

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3. In the assumption that for Stage 1, only items up thru 12.1(a)iii in the BDS will be delivered? If possible, please confirm that the remaining items in section III will be delivered in Stage 2.

The documents that will be submitted during Stage 1 are those enumerated in Item 12. 1 of Section III. Bid Data Sheet of the revised Bid Docs while the documents that will be submitted during Stage 2 are those enumerated in 13.1 Section III. Bid Data Sheet of the revised Bid Docs.

4. In section 12.1 Tab Technical Proposal Documents Section L “Bid Security”- is this required for Stage 1? In our experience these would be provided as part of Stage 2 cost and pricing information.

We confirm that the Bid Security will be submitted during the Second Stage of bidding together with the conformity to the final technical specifications and financial proposal. (Transferred to Sec III BDS ITB Clause 13.1 TAB “A”).

5. In section 12.1 Tab Class Documents Section D Statement of ongoing contracts- Lockheed Martin has thousands of ongoing and completed contracts. How many examples of ongoing and completed contracts are required?

SBAC-1 does not require examples of on-going and completed contracts. What is required to be submitted is a list of all on-going government and private contracts within the last 10 years from the date of submission and receipt of bids for the purpose of computing the NFCC. For purposes of completed contracts, SBAC-1 requires only a statement of at least one similar completed contract within 10 years from the date of submission and receipt of bids, the value of which must be at least 50% of the ABC.

6. Lockheed Martin would like to propose a mission system that would be able to be installed on a wide variety of aircraft. Would it be acceptable to respond to Stage 1 without specifying the aircraft?

Yes, it is not necessary to specify the aircraft for the LRPA, because only the performance parameters of the proposed Mission System are needed during the First Stage Bidding. The technical specifications of the Mission System will be discussed during the scheduled technical discussions prior the

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2nd Stage Bidding.

7. It is possible to get a copy of the following documents called out in the ITB, and so, how may we obtain a copy?

a) Implementing Rules and Regulation (IRR) of the RA 9184 and RA 3019

b) DND Bids and Award Committee (SBAC 1)

c) On pg 20-the last paragraph talks about “performance security required under ITB Clause 33.2-where is Clause 33.2 located in the documents?

a. The Revised Implementing Rules and Regulations of Republic Act No. 9184 is downloadable at www.gppb.gov.ph/laws/laws/RA_9184.pdf while Republic Act 3019 is downloadable at www.ombudsman.gov.ph/docs/republicacts/Republic_Act_No_3019.pdf b. SBAC-1 refers to the DND committee that handles the subject procurement c. Clause 33.2 is now reflected in the revised Bid Docs

Attached herein is the revised Bidding Documents reflecting recent changes

that resulted from the Technical Working Group’s evaluation of the bidders’ written queries as approved by the Special Bids and Awards Committee 1.

Please be guided accordingly.

ORIGINAL SIGNED USEC FERNANDO I MANALO Chairman, Special Bids and Awards Committee 1