VAR I O U S V E H I C L ES S U P P LY AN D DE L I V E RY O ...brms.e-subicbay.com/docs/bids/604/UrV6zpZLtu01Q66... · TA B B I f a p p l i ca b l e , S tate m e nt o f a l l i t s

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BIDS AND AWARDS COMMITTEE

FOR GOODS AND SERVICES

BIDDING DOCUMENTS FOR THE

SUPPLY AND DELIVERY OF VARIOUS VEHICLES

SBMA-BAC-GOODS-ITB-20-20

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TABLE OF CONTENTS

C HECKLIST OF E LIGIBILITY AND F INANCIAL D OCUMENTS FOR S UBMISSION 3

S ECTION I. I NVITATION TO B ID 5

S ECTION II. I NSTRUCTIONS TO B IDDERS 8

S ECTION III. B ID D ATA S HEET 40

S ECTION IV. G ENERAL C ONDITIONS OF C ONTRACT 45

S ECTION V. S PECIAL C ONDITIONS OF C ONTRACT 61

S ECTION VI. S CHEDULE OF R EQUIREMENTS 64

S ECTION VII. T ECHNICAL S PECIFICATIONS 65

S ECTION VIII. B IDDING F ORMS 74

S ECTION IX. A PPENDICES 103

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PUBLIC BIDDING FOR THE SUPPLY AND DELIVERY OF VARIOUS VEHICLES Ref. No.[SBMA-BAC-GOODS-ITB-20-20]

Approved Budget for the Contract (ABC): Php 29,282,000.00

CHECKLIST OF ELIGIBILITY AND FINANCIAL DOCUMENTS FOR SUBMISSION

DOCUMENTARY REQUIREMENTS SHOULD BE APPROPRIATELY SIGNED AND PROPERLY TABBED, AS FOLLOWS:

I. TECHNICAL COMPONENT

A. ELIGIBILITY DOCUMENTS CLASS “A” DOCUMENTS

TAB A Philippine Government Electronic Procurement System (PhilGEPS) Cer�ficate of Registra�on and Pla�num Membership

TAB B If applicable, Statement of all its ongoing government and private contracts, including contracts awarded but not yet started, whether similar or not similar in nature and complexity to the contract to be bid, with suppor�ng documents

TAB C Statement of the Bidder’s Statement of Single Largest Completed Contract (SLCC) similar to the contract to be bid, in accordance with ITB Clause 5.4, within the relevant period as provided in the BDS, with suppor�ng documents. A single contract that is similar to this Project, equivalent to at least fi�y percent (50%) of the ABC.

TAB D Net Financial Contrac�ng Capacity (NFCC) computa�on in accordance with ITB Clause 5.5 or a commi�ed Line of Credit from a universal or commercial bank

CLASS “B” DOCUMENT TAB E If applicable, the Joint Venture Agreement (JVA) in case the joint venture is already in

existence, or duly notarized statements from all the poten�al joint venture partners in accordance with Sec�on 23.1(b) of the IRR

B. TECHNICAL DOCUMENTS TAB F The bid security shall be in the form of a Bid Securing Declara�on, or any

of the following forms and amounts:

BID SECURITY*

LOT NO.

ITEM/DESCRIPTION At least Two Percent (2%) of the ABC if Cash or Cashier’s/Manager’s

Check issued by a Universal or Commercial

Bank; OR Bank Dra�/Guarantee or irrevocable Le�er of

Credit issued by a Universal or Commercial Bank: Provided, however,

At least Five Percent (5%) of the ABC if

Surety Bond callable upon demand issued

by a Surety or Insurance Company duly cer�fied by the

Insurance Commission as

authorized to issue such security

Bid Securing Declara�on

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that it shall be confirmed or authen�cated by a

Universal or Commercial Bank, if issued by a

Foreign Bank

1 LIGHT VEHICLES, PATROL CAR

(WITH COMPLETE ACCESSORIES)

At least Php 306,640.00 At least Php 766, 600.00

No required percentage

2 AUV / CROSSOVER UTILITY VEHICLE



3 PICK-UP TRUCK 4 X 4, DOUBLE-CAB, 5-PASSENGER

At least Php 252,000.00 At least Php 630,000.00


*Separate bid Security for each item/lot being bid.

It shall be accompanied by a cer�fica�on by the Insurance Commission that the surety or insurance company is authorized to issue such instruments.

TAB G Conformity with Schedule of Requirements, as enumerated and specified in Sec�on VI of the Bidding Documents

TAB H Conformity with Technical Specifica�ons, as enumerated and specified in Sec�on VII of the Bidding Documents, with suppor�ng documents for cross-referencing

TAB I Sworn statement in accordance with Sec�on 25.3 of the IRR of RA 9184 and using the form prescribed in Sec�on VIII. Bidding Forms

TAB J If applicable, for foreign bidders claiming eligibility by reason of their country’s extension of reciprocal rights to Filipinos, a cer�fica�on from the relevant government office of their country sta�ng that Filipinos are allowed to par�cipate in their government procurement ac�vi�es for the same item or product.

TAB K If applicable, Authority of the Signatory (Secretary’s Cer�ficate for corpora�ons/partnerships/coopera�ves or Special Power of A�orney for sole proprietorships)

TAB L Other Technical Documentary Requirements: 1. Cer�ficate of Authorized Dealership. 2. Brochure/Catalogue of Motor Vehicle and accessories being offered. 3. Warranty Cer�ficates on Parts and Services 4. Cer�fica�on of Spare Parts Availability in the Philippines for the next five

(5) years a�er end-of-produc�on issued by the manufacturer or authorized dealer commencing from the effec�ve date of contract.

5. Cer�fica�on from the bidder with proof that the Brand of the Motor Vehicle being offered has been con�nuously in the Philippine Market for at least Twenty (20) years before the submission and receipt of bids and that the Motor Vehicle to be supplied is brand new and the latest model unit.

6. Cer�fica�on that the principal/manufacturer has at least three (3) list of Authorized Service Centers of the brand being offered with-in Region III including proof of existence and its loca�on. A cer�fica�on must be provided that the exis�ng three (3) Service Center can provide a�er sale services support for the offered unit.

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II. FINANCIAL COMPONENT

Financial Bid/Proposal TAB M Financial Bid Form, which includes bid prices and the applicable Price Schedules,

in accordance with ITB Clauses 15.1 and 15.4; TAB N If the Bidder claims preference as a Domes�c Bidder, a cer�fica�on from the

DTI issued in accordance with ITB Clause 27, unless otherwise provided in the BDS; and

TAB O Any other document related to the financial component of the bid as stated in the BDS.

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Sec�onI. Invita�on to Bid

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I NVITATION TO B ID FOR SUPPLY AND DELIVERY OF VARIOUS VEHICLES

The Subic Bay Metropolitan Authority , through the Corporate Budget for the contract approved by the governing board for 2020 intends to apply the total sum of Twenty-Nine Million Two Hundred Eighty-Two Thousand Pesos (Php 29,282,000.00) Excluding VAT and other taxes being the Approved Budget for the Contract (ABC) to payments under the contract Supply and Delivery of Various Vehicle (SBMA-BAC-GOODS-ITB-20-20) corresponding to each lot/item: LOT NO. ITEM/DESCRIPTION APPROVED BUDGET

FOR THE CONTRACT (ABC)

1 Supply and Delivery of Ten (10) Units Light Vehicles Patrol Cars (with complete accessories)

Php 15,332,000.00

2 Supply and Delivery of One (1) Unit AUV / CROSSOVER U�lity Vehicle

Php 1,350,000.00

3 Supply and Delivery of Six (6) Units Pick-up Truck 4 X 4, Double-Cab, 5-Passenger

Php 12,600,000.00

TOTAL Php 29,282,000.00

being the Approved Budget for the Contract (ABC) to payments under the contract for each lot/item. Bids received in excess of the ABC shall be automa�cally rejected at bid opening. The Subic Bay Metropolitan Authority now invites bids for Supply and Delivery of Various Vehicle Delivery of the Goodsis required within a period of Ninety(90) working days from the effec�vity date indicated in the No�ce to Proceed. Bidders should have completed, within five (5) years from the date of submission and receipt of bids, a contract similar to the Project. The descrip�on of an eligible bidder is contained in the Bidding Documents, par�cularly in Sec�on II. Instruc�ons to Bidders.

Bidding will be conducted through open compe��ve bidding procedures using a non-discre�onary “pass/fail” criterion as specified in the 2016 Revised Implemen�ng Rules and Regula�ons (IRR) of Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act”.

Bidding is open to all interested bidders, whether local or foreign, subject to the condi�ons for eligibility provided in the IRR of RA 9184.

Interested bidders may obtain further informa�on from Subic Bay Metropolitan Authority and inspect the Bidding Documents at the address given below during Monday – Friday, 8:00 a.m. 5:00 p.m., except non-working holidays .

A complete set of Bidding Documents may be acquired by interested Bidders on October 5, 2020 un�l 12:00 n.n. of October 26, 2020 from the address below and upon payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of Twenty-Five Thousand Pesos (Php 25,000.00).

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It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS)and the website of the Procuring En�ty , provided that Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of their bids.

The Subic Bay Metropolitan Authority will hold a Pre-Bid Conference on 2:00 p.m., October 13, 2020 at the PPMD Conference Room, Rm. 201, Bldg. 255, Barryman Rd., Subic Bay Freeport Zone which shall be open to prospec�ve bidders. Bids must be duly received by the BAC Secretariat at the address below on or before 2:00 p.m., October 26, 2020 . All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 18. Bid opening shall be on 2:00 p.m., October 28, 2020 at the PPMD Conference Room, Rm. 201, Bldg. 255, Barryman Rd., Subic Bay Freeport Zone. Bids will be opened in the presence of the bidders’ representa�ves who choose to a�end at the address below. Late bids shall not be accepted. The Subic Bay Metropolitan Authority reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract at any �me prior to contract award in accordance with Sec�on 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected Service Provider or Service Providers.

For further informa�on, please refer to: A�y. Anna Rosario P. Reyes Subic Bay Metropolitan Authority (047) 252-4230 [email protected] (047) 252-4284 www.mysubicbay.com.ph

(SGD) ATTY. MICHAEL M. QUINTOS BAC Chairperson

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Sec�on II. Instruc�ons to Bidders TABLE OF CONTENTS

A. G ENERAL 10 1. Scope of Bid 10

2. Source of Funds 10

3. Corrupt, Fraudulent, Collusive, and Coercive Prac�ces 10

4. Conflict of Interest 12

5. Eligible Bidders 13

6. Bidder’s Responsibili�es 14

7. Origin of Goods 17

8. Subcontracts 17

B. C ONTENTS OF B IDDING D OCUMENTS 17 9. Pre-Bid Conference 17

10. Clarifica�on and Amendment of Bidding Documents 18

C. P REPARATION OF B IDS 19 11. Language of Bid 19

12. Documents Comprising the Bid: Eligibility and Technical Components 19

13. Documents Comprising the Bid: Financial Component 21

14. Alterna�ve Bids 22

15. Bid Prices 22

16. Bid Currencies 24

17. Bid Validity 24

18. Bid Security 24

19. Format and Signing of Bids 27

20. Sealing and Marking of Bids 28

D. S UBMISSION AND O PENING OF B IDS 28 21. Deadline for Submission of Bids 28

22. Late Bids 29

23. Modifica�on and Withdrawal of Bids 29

24. Opening and Preliminary Examina�on of Bids 30

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E. E VALUATION AND C OMPARISON OF B IDS 31 25. Process to be Confiden�al 31

26. Clarifica�on of Bids 3 2

27. Domes�c Preference 32

28. Detailed Evalua�on and Comparison of Bids 32

29. Post-Qualifica�on 34

30. Reserva�on Clause 35

F. A WARD OF C ONTRACT 36 31. Contract Award 36

32. Signing of the Contract 37

33. Performance Security 37

34. No�ce to Proceed 39

35. Protest Mechanism...……………………………………………………………………………………………39

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General

1. Scope of Bid

1.1. The Procuring En�ty named in the BDS invites bids for the supply and delivery of the Goods as described in Sec�on VII. Technical Specifica�ons.

1.2. The name, iden�fica�on, and number of lots specific to this bidding are provided in the BDS . The contrac�ng strategy and basis of evalua�on of lots is described in ITB Clause 28.

2. Source of Funds

The Procuring En�ty has a budget or has 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. Corrupt, Fraudulent, Collusive, and Coercive Prac�ces

3.1. Unless otherwise specified in the BDS , the Procuring En�ty as well as the biddersandsuppliers shall observe the highest standard of ethics during the procurement and execu�on of the contract. In pursuance of this policy, the Procuring En�ty:

(a) defines, for purposes of this provision, the terms set forth below as follows:

(i) “corrupt prac�ce” 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 posi�on in which they are placed, and includes the offering, giving, receiving, or solici�ng of anything of value to influence the ac�on of any such official in the procurement process or in contract execu�on; entering, on behalf of the government, into any contract or transac�on manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019.

(ii) “fraudulent prac�ce” means a misrepresenta�on of facts in order to influence a procurement process or the execu�on of a contract to the detriment of the Procuring En�ty, and includes collusive prac�ces among Bidders (prior to or a�er bid submission) designed to establish bid prices at ar�ficial,

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non-compe��ve levels and to deprive the Procuring En�ty of the benefits of free and open compe��on.

(iii) “collusive prac�ces” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring En�ty, designed to establish bid prices at ar�ficial, non-compe��ve levels.

(iv) “coercive prac�ces” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their par�cipa�on in a procurement process, or affect the execu�on of a contract;

(v) “obstruc�ve prac�ce” is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administra�ve proceedings or inves�ga�on or making false statements to inves�gators in order to materially impede an administra�ve proceedings or inves�ga�on of the Procuring En�ty or any foreign government/foreign or interna�onal financing ins�tu�on into allega�ons of a corrupt, fraudulent, coercive or collusive prac�ce; and/or threatening, harassing or in�mida�ng any party to prevent it from disclosing its knowledge of ma�ers relevant to the administra�ve proceedings or inves�ga�on or from pursuing such proceedings or inves�ga�on; or

(bb) acts intended to materially impede the exercise of the

inspec�on and audit rights of the Procuring En�ty or any foreign government/foreign or interna�onal financing ins�tu�on herein.

(b) will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in any of the prac�ces men�oned in this Clause for purposes of compe�ng for the contract.

3.2. Further, the Procuring En�ty will seek to impose the maximum civil, administra�ve, and/or criminal penal�es available under applicable laws on individuals and organiza�ons deemed to be involved in any of the prac�ces men�oned in ITB Clause 3.1(a).

3.3. Furthermore, the Funding Source and the Procuring En�ty reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3 .

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4. Conflict of Interest

4.1. All Bidders found to have conflic�ng interests shall be disqualified to par�cipate in the procurement at hand, without prejudice to the imposi�on of appropriate administra�ve, civil, and criminal sanc�ons. A Bidder may be considered to have conflic�ng interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (g) below:

(a) A Bidder has controlling shareholders in common with another Bidder;

(b) A Bidder receives or has received any direct or indirect subsidy from any other Bidder;

(c) A Bidder has the same legal representa�ve as that of another Bidder for purposes of this bid;

(d) A Bidder has a rela�onship, directly or through third par�es, that puts them in a posi�on to have access to informa�on about or influence on the bid of another Bidder or influence the decisions of the Procuring En�ty regarding this bidding process;

(e) A Bidder submits more than one bid in this bidding process. However, this does not limit the par�cipa�on of subcontractors in more than one bid;

(f) A Bidder who par�cipated as a consultant in the prepara�on of the design or technical specifica�ons of the Goods and related services that are the subject of the bid; or

(g) A Bidder who lends, or temporarily seconds, its personnel to firms or organiza�ons which are engaged in consul�ng services for the prepara�on related to procurement for or implementa�on of the project, if the personnel would be involved in any capacity on the same project.

4.2. In accordance with Sec�on 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring En�ty (HoPE), members of the Bids and Awards Commi�ee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third

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civil degree. On the part of the Bidder, this Clause shall apply to the following persons:

(a) If the Bidder is an individual or a sole proprietorship, to the Bidder himself;

(b) If the Bidder is a partnership, to all its officers and members;

(c) If the Bidder is a corpora�on, to all its officers, directors, and controlling stockholders;

(d) If the Bidder is a coopera�ve, to all its officers, directors, and controlling shareholders or members; and

(e) If the Bidder is a joint venture (JV), the provisions of items (a), (b), (c), or (d) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate.

Rela�onship of the nature described above or failure to comply with this Clause will result in the automa�c disqualifica�on of a Bidder.

5. Eligible Bidders

5.1. Unless otherwise provided in the BDS , the following persons shall be eligible to par�cipate in this bidding:

(a) Duly licensed Filipino ci�zens/sole proprietorships;

(b) Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to ci�zens of the Philippines;

(c) Corpora�ons duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to ci�zens of the Philippines;

(d) Coopera�ves duly organized under the laws of the Philippines; and

(e) Persons/en��es forming themselves into a Joint Venture (JV), i.e. , a group of two (2) or more persons/en��es that intend to be jointly and severally responsible or liable for a par�cular contract: Provided, however, that Filipino ownership or interest of the JV concerned shall be at least sixty percent (60%).

5.2. Foreign bidders may be eligible to par�cipate when any of the following circumstances exist, as specified in the BDS :

(a) When a Treaty or Interna�onal or Execu�ve Agreement as provided in Sec�on 4 of RA 9184 and its IRR allow foreign bidders to par�cipate;

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(b) Ci�zens, corpora�ons, or associa�ons of a country, the laws or regula�ons of which grant reciprocal rights or privileges to ci�zens, corpora�ons, or associa�ons of the Philippines;

(c) When the Goods sought to be procured are not available from local suppliers; or

(d) When there is a need to prevent situa�ons that defeat compe��on or restrain trade.

5.3. Government owned or –controlled corpora�ons (GOCCs) may be eligible to par�cipate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not a�ached agencies of the Procuring En�ty.

5.4. Unless otherwise provided in the BDS , the Bidder must have completed a Single Largest Completed Contract (SLCC)similar to the Project and the value of which, adjusted, if necessary, by the Bidder to current prices using the Philippine Sta�s�cs Authority (PSA) consumer price index, must be at least equivalent to a percentage of the ABC stated in the BDS .

For this purpose, contracts similar to the Project shall be those described in the BDS , and completed within the relevant period stated in the Invita�on to Bid and ITB Clause 12.1(a)(ii).

5.5. The Bidder must submit a computa�on of its Net Financial Contrac�ng Capacity (NFCC), which must be at least equal to the ABC to be bid, calculated as follows:

NFCC = [(Current assets minus current liabili�es) (15)] minus the value of all outstanding or uncompleted por�ons of the projects under ongoing contracts, including awarded contracts yet to be started, coinciding with the contract to be bid.

The values of the domes�c bidder’s current assets and current liabili�es shall be based on the latest Audited Financial Statements submi�ed to the BIR. For purposes of compu�ng the foreign bidders’ NFCC, the value of the current assets and current liabili�es shall be based on their audited financial statements prepared in accordance with interna�onal financial repor�ng standards. If the prospec�ve bidder opts to submit a commi�ed Line of Credit, it must be at least equal to ten percent (10%) of the ABC to be bid. If issued by a foreign universal or commercial bank, it shall be confirmed or authen�cated by a local universal or commercial bank.

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6. Bidder’s Responsibili�es

6.1. The Bidder or its duly authorized representa�ve shall submit a sworn statement in the form prescribed in Sec�on VIII. Bidding Forms as required in ITB Clause 12.1(b)(iii).

6.2. The Bidder is responsible for the following:

(a) Having taken steps to carefully examine all of the Bidding Documents;

(b) Having acknowledged all condi�ons, local or otherwise, affec�ng the implementa�on of the contract;

(c) Having made an es�mate of the facili�es available and needed for the contract to be bid, if any;

(d) Having complied with its responsibility to inquire or secure Supplemental/Bid Bulle�n(s)as provided under ITB Clause 10.4.

(a) Ensuring that it is not “blacklisted” or barred from bidding by the GOP or any of its agencies, offices, corpora�ons, or LGUs, including foreign government/foreign or interna�onal financing ins�tu�on whose blacklis�ng rules have been recognized by the GPPB;

(b) Ensuring that each of the documents submi�ed in sa�sfac�on of the bidding requirements is an authen�c copy of the original, complete, and all statements and informa�on provided therein are true and correct;

(c) Authorizing the HoPE or its duly authorized representa�ve/s to verify all the documents submi�ed;

(d) Ensuring that the signatory is the duly authorized representa�ve 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 Cer�ficate a�es�ng to such fact, if the Bidder is a corpora�on, partnership, coopera�ve, or joint venture;

(e) Complying with the disclosure provision under Sec�on 47 of RA 9184 and its IRR in rela�on to other provisions of RA 3019;

(f) Complying with exis�ng labor laws and standards, in the case of procurement of services; Moreover, bidder undertakes to:

(i) Ensure the en�tlement of workers to wages, hours of work,

safety and health and other prevailing condi�ons of work as

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established by na�onal laws, rules and regula�ons; or collec�ve bargaining agreement; or arbitra�on award, if and when applicable.

In case there is a finding by the Procuring En�ty or the DOLE of underpayment or non-payment of workers’ wage and wage-related benefits, bidder agrees that the performance security or por�on of the contract amount shall be withheld in favor of the complaining workers pursuant to appropriate provisions of Republic Act No. 9184 without prejudice to the ins�tu�on of appropriate ac�ons under the Labor Code, as amended, and other social legisla�ons.

(ii) Comply with occupa�onal safety and health standards and to

correct deficiencies, if any.

In case of imminent danger, injury or death of the worker, bidder undertakes to suspend contract implementa�on pending clearance to proceed from the DOLE Regional Office and to comply with Work Stoppage Order; and

(iii) Inform the workers of their condi�ons of work, labor clauses

under the contract specifying wages, hours of work and other benefits under prevailing na�onal laws, rules and regula�ons; or collec�ve bargaining agreement; or arbitra�on award, if and when applicable, through pos�ng in two (2) conspicuous places in the establishment’s premises; and

(g) Ensuring that it did not give or pay, directly or indirectly, any

commission, amount, fee, or any form of considera�on, pecuniary or otherwise, to any person or official, personnel or representa�ve of the government in rela�on to any procurement project or ac�vity.

Failure to observe any of the above responsibili�es shall be at the risk of the Bidder concerned.

6.3. The Bidder is expected to examine all instruc�ons, forms, terms, and specifica�ons in the Bidding Documents.

6.4. It shall be the sole responsibility of the Bidder to determine and to sa�sfy itself by such means as it considers necessary or desirable as to all ma�ers pertaining to the contract to be bid, including: (a) the loca�on and the nature of this Project; (b) clima�c condi�ons; (c) transporta�on facili�es; and (d) other factors that may affect the cost, dura�on, and execu�on or implementa�on of this Project.

6.5. The Procuring En�ty shall not assume any responsibility regarding erroneous interpreta�ons or conclusions by the prospec�ve or eligible

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bidder out of the data furnished by the procuring en�ty. However, the Procuring En�ty shall ensure that all informa�on in the Bidding Documents, including bid/supplemental bid bulle�n/s issued, are correct and consistent.

6.6. Before submi�ng their bids, the Bidder is deemed to have become familiar with all exis�ng laws, decrees, ordinances, acts and regula�ons of the Philippines which may affect this Project in any way.

6.7. The Bidder shall bear all costs associated with the prepara�on and submission of his bid, and the Procuring En�ty will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

6.8. The Bidder should note that the Procuring En�ty will accept bids only from those that have paid the applicable fee for the Bidding Documents at the office indicated in the Invita�on to Bid.

7. Origin of Goods

Unless otherwise indicated in the BDS , there is no restric�on on the origin of goods other than those prohibited by a decision of the United Na�ons Security Council taken under Chapter VII of the Charter of the United Na�ons, subject to ITB Clause 27.1.

8. Subcontracts

1.1. Unless otherwise specified in the BDS , the Bidder may subcontract por�ons of the Goods to an extent as may be approved by the Procuring En�ty and stated in the BDS . However, subcontrac�ng of any por�on shall not relieve the Bidder from any liability or obliga�on that may arise from the contract for this Project.

1.2. Subcontractors must submit the documentary requirements under ITB Clause 12 and comply with the eligibility criteria specified in the BDS . In the event that any subcontractor is found by the Procuring En�ty to be ineligible, the subcontrac�ng of such por�on of the Goods shall be disallowed.

1.3. The Bidder may iden�fy the subcontractor to whom a por�on of the Goods will be subcontracted at any stage of the bidding process or during contract implementa�on. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid.

Contents of Bidding Documents

9. Pre-Bid Conference

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9.1. (a) If so specified in the BDS , a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Bidders’ ques�ons on the technical and financial components of this Project.

(b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids, but not earlier than seven (7) calendar days from the pos�ng of the invita�on to bid/bidding documents in the PhilGEPS website. If the Procuring En�ty determines that, by reason of the method, nature, or complexity of the contract to be bid, or when interna�onal par�cipa�on will be more advantageous to the GOP, a longer period for the prepara�on of bids is necessary, the pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids, as specified in the BDS .

9.2. Bidders are encouraged to a�end the pre-bid conference to ensure that they fully understand the Procuring En�ty’s requirements. Non-a�endance of the Bidder will in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents as recorded in the minutes of the pre-bid conference and the Supplemental/Bid Bulle�n. The minutes of the pre-bid conference shall be recorded and prepared not later than five (5) calendar days a�er the pre-bid conference. The minutes shall be made available to prospec�ve bidders not later than five (5) days upon wri�en request.

9.3 Decisions of the BAC amending any provision of the bidding documents shall be issued in wri�ng through a Supplemental/Bid Bulle�n at least seven (7) calendar days before the deadline for the submission and receipt of bids.

10. Clarifica�on and Amendment of Bidding Documents

10.1. Prospec�ve bidders may request for clarifica�on on and/or interpreta�on of any part of the Bidding Documents. Such request must be in wri�ng and submi�ed to the Procuring En�ty at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of Bids.

10.2. The BAC shall respond to the said request by issuing a Supplemental/Bid Bulle�n, to be made available to all those who have properly secured the Bidding Documents, at least seven (7) calendar days before the deadline for the submission and receipt of Bids.

10.3. Supplemental/Bid Bulle�ns may also be issued upon the Procuring En�ty’s ini�a�ve for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of Bids. Any modifica�on to the Bidding Documents shall be iden�fied as an amendment.

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10.4. Any Supplemental/Bid Bulle�n issued by the BAC shall also be posted in the PhilGEPS and the website of the Procuring En�ty concerned, if available, and at any conspicuous place in the premises of the Procuring En�ty concerned. It shall be the responsibility of all Bidders who have properly secured the Bidding Documents to inquire and secure Supplemental/Bid Bulle�ns that may be issued by the BAC. However, Bidders who have submi�ed bids before the issuance of the Supplemental/Bid Bulle�n must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23.

Prepara�on of Bids

11. Language of Bids

The eligibility requirements or statements, the bids, and all other documents to be submi�ed to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submi�ed to the BAC are in foreign language other than English, it must be accompanied by a transla�on of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder’s country; and shall be authen�cated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdic�on over the foreign bidder’s affairs in the Philippines. The English transla�on shall govern, for purposes of interpreta�on of the bid.

12. Documents Comprising the Bid: Eligibility and Technical Components

1.1. Unless otherwise indicated in the BDS , the first envelope shall contain the following eligibility and technical documents:

(a) Eligibility Documents –

Class “A” Documents :

(i) PhilGEPS Cer�ficate of Registra�on and Membership in accordance with Sec�on 8.5.2 of the IRR, except for foreign bidders par�cipa�ng in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Sec�on 23.1 of the IRR, provided, that the winning bidder shall register with the PhilGEPS in accordance with sec�on 37.1.4 of the IRR.

(ii) Statement of all its ongoing government and private contracts, including contracts awarded but not yet started, if any,

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whether similar or not similar in nature and complexity to the contract to be bid; and

Statement of the Bidder’s SLCC similar to the contract to be bid, in accordance with ITB Clause 5.4, within the relevant period as provided in the BDS.

The two statements required shall indicate for each contract the following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract dura�on;

(ii.4) owner’s name and address;

(ii.5) kinds of Goods;

(ii.6) For Statement of Ongoing Contracts - amount of contract and value of outstanding contracts;

(ii.7) For Statement of SLCC - amount of completed contracts, adjusted by the Bidder to current prices using PSA’s consumer price index, if necessary for the purpose of mee�ng the SLCC requirement;

(ii.8) date of delivery; and

(ii.9) end user’s acceptance or official receipt(s) or sales invoice issued for the contract, if completed, which shall be a�ached to the statements.

(iii) NFCC computa�on in accordance with ITB Clause 5.5 or a commi�ed Line of Credit from a universal or commercial bank.

Class “B” Document :

(iv) If applicable, the Joint Venture Agreement (JVA) in case the joint venture is already in existence, or duly notarized statements from all the poten�al joint venture partners in accordance with Sec�on 23.1(b) of the IRR.

(b) Technical Documents –

(i) Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of:

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(i.1) a bank dra�/guarantee or an irrevocable le�er of credit issued by a foreign bank, it shall be accompanied by a confirma�on from a Universal or Commercial Bank; or

(i.2) a surety bond, it shall be accompanied by a cer�fica�on by the Insurance Commission that the surety or insurance company is authorized to issue such instruments;

(ii) Conformity with technical specifica�ons, as enumerated and specified in Sec�ons VI and VII of the Bidding Documents; and

(iii) Sworn statement in accordance with Sec�on 25.3 of the IRR of RA 9184 and using the form prescribed in Sec�on VIII. Bidding Forms.

(iv) For foreign bidders claiming eligibility by reason of their country’s extension of reciprocal rights to Filipinos, a cer�fica�on from the relevant government office of their country sta�ng that Filipinos are allowed to par�cipate in their government procurement ac�vi�es for the same item or product.

2. Documents Comprising the Bid: Financial Component

2.1. Unless otherwise stated in the BDS , the financial component of the bid shall contain the following:

(a) Financial Bid Form, which includes bid prices and the applicable Price Schedules, in accordance with ITB Clauses 15.1 and 15.4;

(b) If the Bidder claims preference as a Domes�c Bidder, a cer�fica�on from the DTI issued in accordance with ITB Clause 27, unless otherwise provided in the BDS ; and

(c) Any other document related to the financial component of the bid as stated in the BDS .

2.2.

2.3. (a) Unless otherwise stated in the BDS , all bids that exceed the ABC shall not be accepted.

(b) Unless otherwise indicated in the BDS , for foreign-funded procurement, a ceiling may be applied to bid prices provided the following condi�ons are met:

(i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required

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by the procuring en�ty, payment could be made upon the submission of bids.

(ii) The procuring en�ty has procedures in place to ensure that the ABC is based on recent es�mates made by the responsible unit of the procuring en�ty and that the es�mates reflect the quality, supervision and risk and infla�onary factors, as well as prevailing market prices, associated with the types of works or goods to be procured.

(iii) The procuring en�ty has trained cost es�mators on es�ma�ng prices and analyzing bid variances.

(iv) The procuring en�ty has established a system to monitor and report bid prices rela�ve to ABC and engineer’s/procuring en�ty’s es�mate.

(v) The procuring en�ty has established a monitoring and evalua�on system for contract implementa�on to provide a feedback on actual total costs of goods and works.

3. Alterna�ve Bids

14.1 Alterna�ve Bids shall be rejected. For this purpose, alterna�ve bid is an offer made by a Bidder in addi�on or as a subs�tute to its original bid which may be included as part of its original bid or submi�ed separately therewith for purposes of bidding. A bid with op�ons is considered an alterna�ve bid regardless of whether said bid proposal is contained in a single envelope or submi�ed in two (2) or more separate bid envelopes.

14.2 Each Bidder shall submit only one Bid, either individually or as a partner in a JV. A Bidder who submits or par�cipates in more than one bid (other than as a subcontractor if a subcontractor is permi�ed to par�cipate in more than one bid) will cause all the proposals with the Bidder’s par�cipa�on to be disqualified. This shall be without prejudice to any applicable criminal, civil and administra�ve penal�es that may be imposed upon the persons and en��es concerned.

4. Bid Prices

4.1. The Bidder shall complete the appropriate Schedule of Prices included herein, sta�ng 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.

4.2. The Bidder shall fill in rates and prices for all items of the Goods described in the Schedule of Prices. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, Schedule of Prices, shall be considered non-responsive and,

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thus, automa�cally disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a zero (0)or a dash (-) for the said item would mean that it is being offered for free to the Government, except those required by law or regula�ons to be accomplished.

4.3. 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 obliga�ons of the par�es, shall be governed by the rules prescribed in the current edi�on of the Interna�onal Commercial Terms (INCOTERMS) published by the Interna�onal Chamber of Commerce, Paris.

4.4. Prices indicated on the Price Schedule shall be entered separately in the following manner:

(a) For Goods offered from within the Procuring En�ty’s country:

(i) The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable);

(ii) The cost of all customs du�es and sales and other taxes already paid or payable;

(iii) The cost of transporta�on, insurance, and other costs incidental to delivery of the Goods to their final des�na�on; and

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

(b) For Goods offered from abroad:

(i) Unless otherwise stated in the BDS , the price of the Goods shall be quoted DDP with the place of des�na�on in the Philippines as specified in the BDS . In quo�ng the price, the Bidder shall be free to use transporta�on through carriers registered in any eligible country. Similarly, the Bidder may obtain insurance services from any eligible source country.

(ii) The price of other (incidental) services, if any, listed in the BDS .

(c) For Services, based on the form which may be prescribed by the Procuring En�ty, in accordance with exis�ng laws, rules and regula�ons

4.5. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to varia�on or price escala�on on any account. A bid submi�ed with an adjustable price

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quota�on shall be treated as non-responsive and shall be rejected, pursuant to ITB Clause 24.

All bid prices for the given scope of work in the contract as awarded shall be considered as fixed prices, and therefore not subject to price escala�on during contract implementa�on, except under extraordinary circumstances. Upon the recommenda�on of the Procuring En�ty, price escala�on may be allowed in extraordinary circumstances as may be determined by the Na�onal Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon approval by the GPPB. Nevertheless, in cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regula�ons, or other acts of the GOP, promulgated a�er the date of bid opening, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis.

5. Bid Currencies

5.1. Prices shall be quoted in the following currencies:

(a) For Goods that the Bidder will supply from within the Philippines, the prices shall be quoted in Philippine Pesos.

(b) For Goods that the Bidder will supply from outside the Philippines, the prices may be quoted in the currency(ies) stated in the BDS . However, for purposes of bid evalua�on, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rateaspublishedinthe BangkoSentralngPilipinas (BSP)referenceratebulle �n on the day of the bid opening.

5.2. If so allowed in accordance with ITB Clause 16.1, the Procuring En�ty for purposes of bid evalua�on and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates.

5.3. Unless otherwise specified in the BDS , payment of the contract price shall be made in Philippine Pesos.

6. Bid Validity

6.1. Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids.

6.2. In excep�onal circumstances, prior to the expira�on of the bid validity period, the Procuring En�ty may request Bidders to extend the period

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of validity of their bids. The request and the responses shall be made in wri�ng. The bid security described in ITB Clause 18 should also be extended corresponding to the extension of the bid validity period at the least. A Bidder may refuse the request without forfei�ng its bid security, but his bid shall no longer be considered for further evalua�on and award. A Bidder gran�ng the request shall not be required or permi�ed to modify its bid.

7. Bid Security

7.1. The Bidder shall submit a Bid Securing Declara�on or any form of Bid Security in the amount stated in the BDS , which shall be not less than the percentage of the ABC in accordance with the following schedule:

Form of Bid Security Amount of Bid Security

(Not Less than the Percentage of the ABC)

(a) Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank. For biddings conducted by LGUs, the Cashier’s/Manager’s Check may be issued by other banks cer�fied by the BSP as authorized to issue such financial instrument.

Two percent (2%)

(b) Bank dra�/guarantee or irrevocable le�er of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authen�cated by a Universal or Commercial Bank, if issued by a foreign bank. For biddings conducted by LGUs, Bank Dra�/Guarantee, or Irrevocable Le�er of Credit may be issued by other banks cer�fied by the BSP as authorized to issue such financial instrument.

(c) Surety bond callable upon demand issued by a surety or

Five percent (5%)

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insurance company duly cer�fied by the Insurance Commission as authorized to issue such security.

The Bid Securing Declara�on men�oned above is an undertaking which states, among

others, that the Bidder shall enter into contract with the procuring en�ty and furnish the performance security required under ITB Clause 33.2, within ten (10) calendar days from receipt of the No�ce of Award, and commits to pay the corresponding amount as fine, and be suspended for a period of �me from being qualified to par�cipate in any government procurement ac�vity in the event it violates any of the condi�ons stated therein as provided in the guidelines issued by the GPPB.

7.2. The bid security should be valid for the period specified in the BDS . Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring En�ty as non-responsive.

7.3. No bid securi�es shall be returned to Bidders a�er the opening of bids and before contract signing, except to those that failed or declared as post-disqualified, upon submission of a wri�en waiver of their right to file a request for reconsidera�on and/or protest, or upon the lapse of the reglementary period to file a request for reconsidera�on or protest. Without prejudice on its forfeiture, bid securi�es shall be returned only a�er the Bidder with the Lowest Calculated Responsive Bid (LCRB) has signed the contract and furnished the performance security, but in no case later than the expira�on of the bid security validity period indicated in ITB Clause 18.2.

7.4. Upon signing and execu�on of the contract pursuant to ITB Clause 32, and the pos�ng of the performance security pursuant to ITB Clause 33, the successful Bidder’s bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause 18.2.

7.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified in ITB Clause 17;

(ii) does not accept the correc�on of errors pursuant to ITB Clause 28.3(b);

(iii) has a finding against the veracity of any of the documents submi�ed as stated in ITB Clause 29.2;

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(iv) submission of eligibility requirements containing false informa�on or falsified documents;

(v) submission of bids that contain false informa�on or falsified documents, or the concealment of such informa�on in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding;

(vi) allowing the use of one’s name, or using the name of another for purposes of public bidding;

(vii) withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without jus�fiable cause, a�er the Bidder had been adjudged as having submi�ed the LCRB;

(viii) refusal or failure to post the required performance security within the prescribed �me;

(ix) refusal to clarify or validate in wri�ng its bid during post-qualifica�on within a period of seven (7) calendar days from receipt of the request for clarifica�on;

(x) any documented a�empt by a Bidder to unduly influence the outcome of the bidding in his favor;

(xi) failure of the poten�al joint venture partners to enter into the joint venture a�er the bid is declared successful; or

(xii) all other acts that tend to defeat the purpose of the compe��ve bidding, such as habitually withdrawing from bidding, submi�ng late Bids or patently insufficient bid, for at least three (3) �mes within a year, except for valid reasons.

(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause 32; or

(ii) fails to furnish performance security in accordance with ITB Clause 33.

8. Format and Signing of Bids

8.1. Bidders shall submit their bids through their duly authorized representa�ve using the appropriate forms provided in Sec�on VIII. Bidding Forms on or before the deadline specified in the ITB Clauses21 in two (2) separate sealed bid envelopes, and which shall be submi�ed simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12.1, and

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the second shall contain the financial component of the bid. This shall also be observed for each lot in the case of lot procurement.

8.2. Forms as men�oned in ITB Clause 19.1must be completed without any altera�ons to their format, and no subs�tute form shall be accepted. All blank spaces shall be filled in with the informa�on requested.

8.3. The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12 and13. In addi�on, the Bidder shall submit copies of the first and second envelopes. In the event of any discrepancy between the original and the copies, the original shall prevail.

8.4. Each and every page of the Bid Form, including the Schedule of Prices, under Sec�on VIII hereof, shall be signed by the duly authorized representa�ve/s of the Bidder. Failure to do so shall be a ground for the rejec�on of the bid.

8.5. Any interlinea�ons, erasures, or overwri�ng shall be valid only if they are signed or ini�alled by the duly authorized representa�ve/s of the Bidder.

9. Sealing and Marking of Bids

9.1. Bidders shall enclose their original eligibility and technical documents described in ITB Clause 12 in one sealed envelope marked “ORIGINAL - TECHNICAL COMPONENT”, and the original of their financial component in another sealed envelope marked “ORIGINAL - FINANCIAL COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL BID”.

9.2. Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as “COPY NO. 1 - TECHNICAL COMPONENT” and “COPY NO. 1 – FINANCIAL COMPONENT” and the outer envelope as “COPY NO. 1”, respec�vely. These envelopes containing the original and the copies shall then be enclosed in one single envelope.

9.3. The original and the number of copies of the Bid as indicated in the BDS shall be typed or wri�en in ink and shall be signed by the Bidder or its duly authorized representa�ve/s.

9.4. All envelopes shall:

(a) contain the name of the contract to be bid in capital le�ers;

(b) bear the name and address of the Bidder in capital le�ers;

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(c) be addressed to the Procuring En�ty’s BAC in accordance with ITB Clause 1.1;

(d) bear the specific iden�fica�on of this bidding process indicated in the ITB Clause 1.2; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and �me for the opening of bids, in accordance with ITB Clause21.

9.5. Bid envelopes that are not properly sealed and marked, as required in the bidding documents, shall not be rejected, but the Bidder or its duly authorized representa�ve shall acknowledge such condi�on of the bid as submi�ed. The BAC or the Procuring En�ty shall assume no responsibility for the misplacement of the contents of the improperly sealed or marked bid, or for its premature opening.

Submission and Opening of Bids

10. Deadline for Submission of Bids

Bids must be received by the Procuring En�ty’s BAC at the address and on or before the date and �me indicated in the BDS .

11. Late Bids

Any bid submi�ed a�er the deadline for submission and receipt of bids prescribed by the Procuring En�ty, pursuant to ITB Clause 21, shall be declared “Late” and shall not be accepted by the Procuring En�ty. The BAC shall record in the minutes of bid submission and opening, the Bidder’s name, its representa�ve and the �me the late bid was submi�ed.

12. Modifica�on and Withdrawal of Bids

12.1. The Bidder may modify its bid a�er it has been submi�ed; provided that the modifica�on is received by the Procuring En�ty prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed and properly iden�fied in accordance with ITB Clause 20, linked to its original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL MODIFICATION” and stamped “received” by the BAC. Bid modifica�ons received a�er the applicable deadline shall not be considered and shall be returned to the Bidder unopened.

23.2 A Bidder may, through a Le�er of Withdrawal, withdraw its bid a�er it has been submi�ed, for valid and jus�fiable reason; provided that the Le�er of Withdrawal is received by the Procuring En�ty prior to the deadline prescribed for submission and receipt of bids. The Le�er of Withdrawal must

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be executed by the duly authorized representa�ve of the Bidder iden�fied in the Omnibus Sworn Statement, a copy of which should be a�ached to the le�er.

12.2. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be returned unopened to the Bidders. A Bidder, who has acquired the bidding documents, may also express its inten�on not to par�cipate in the bidding through a le�er which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be permi�ed to submit another bid, directly or indirectly, for the same contract.

12.3. No bid may be modified a�er the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expira�on of the period of bid validity specified by the Bidder on the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder’s bid security, pursuant to ITB Clause18.5, and the imposi�on of administra�ve, civil and criminal sanc�ons as prescribed by RA 9184 and its IRR.

13. Opening and Preliminary Examina�on of Bids

13.1. The BAC shall open the bids in public, immediately a�er the deadline for the submission and receipt of bids, as specified in the BDS . In case the Bids cannot be opened as scheduled due to jus�fiable reasons, the BAC shall take custody of the Bids submi�ed and reschedule the opening of Bids on the next working day or at the soonest possible �me through the issuance of a No�ce of Postponement to be posted in the PhilGEPS website and the website of the Procuring En�ty concerned.

13.2. Unless otherwise specified in the BDS , the BAC shall open the first bid envelopes and determine each Bidder’s compliance with the documents prescribed in ITB Clause 12, using a non-discre�onary “pass/fail” criterion. If a Bidder submits the required document, it shall be rated “passed” for that par�cular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as “failed”. Otherwise, the BAC shall rate the said first bid envelope as “passed”.

13.3. Unless otherwise specified in the BDS , immediately a�er determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated “passed”. The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a par�cular bid is missing, incomplete or patently insufficient, and/or if

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the submi�ed total bid price exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC shall rate the bid concerned as “failed”. Only bids that are determined to contain all the bid requirements for both components shall be rated “passed” and shall immediately be considered for evalua�on and comparison .

13.4. Le�ers of Withdrawal shall be read out and recorded during bid opening, and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened.

13.5. All members of the BAC who are present during bid opening shall ini�al every page of the original copies of all bids received and opened.

13.6. In the case of an eligible foreign bidder as described in ITB Clause 5 , the following Class “A” Documents may be subs�tuted with the appropriate equivalent documents, if any, issued by the country of the foreign Bidder concerned, which shall likewise be uploaded and maintained in the PhilGEPS in accordance with Sec�on 8.5.2 of the IRR:

(a) Registra�on cer�ficate from the Securi�es and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or CDA for coopera�ves;

(b) Mayor’s/Business permit issued by the local government where the principal place of business of the bidder is located; and

(c) Audited Financial Statements showing, among others, the prospec�ve bidder’s total and current assets and liabili�es stamped “received” by the Bureau of Internal Revenue or its duly accredited and authorized ins�tu�ons, for the preceding calendar year which should not be earlier than two years from the date of bid submission.

13.7. Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clause 12.1(a)(i). Submission of documents required under ITB Clauses 12.1(a)(ii) to 12.1(a)(iii)by any of the joint venture partners cons�tutes compliance.

13.8. The Procuring En�ty shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price (per lot, if applicable, and/or including discount, if any), bid security, findings of preliminary examina�on, and whether there is a withdrawal or modifica�on; and (b) a�endance sheet. The BAC members shall sign the abstract of bids as read.

24.8 The bidders or their duly authorized representa�ves may a�end the opening of bids. The BAC shall ensure the integrity, security, and confiden�ality of all submi�ed bids. The Abstract of Bids as read and the minutes of the bid opening shall be made available to the public upon wri�en request and payment of a specified fee to recover cost of materials.

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24.9 To ensure transparency and accurate representa�on of the bid submission, the BAC Secretariat shall no�fy in wri�ng all bidders whose bids it has received through its PhilGEPS-registered physical address or official e-mail address. The no�ce shall be issued within seven (7) calendar days from the date of the bid opening.

Evalua�on and Comparison of Bids

14. Process to be Confiden�al

14.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accep�ng any kind of communica�on with any bidder regarding the evalua�on of their bids un�l the issuance of the No�ce of Award, unless otherwise allowed in the case of ITB Clause 26.

14.2. Any effort by a bidder to influence the Procuring En�ty in the Procuring En�ty’s decision in respect of bid evalua�on, bid comparison or contract award will result in the rejec�on of the Bidder’s bid.

15. Clarifica�on of Bids

To assist in the evalua�on, comparison, and post-qualifica�on of the bids, the Procuring En�ty may ask in wri�ng any Bidder for a clarifica�on of its bid. All responses to requests for clarifica�on shall be in wri�ng. Any clarifica�on submi�ed by a Bidder in respect to its bid and that is not in response to a request by the Procuring En�ty shall not be considered.

16. Domes�c Preference

16.1. Unless otherwise stated in the BDS , the Procuring En�ty will grant a margin of preference for the purpose of comparison of bids in accordance with the following:

(a) The preference shall be applied when the lowest Foreign Bid is lower than the lowest bid offered by a Domes�c Bidder.

(b) For evalua�on purposes, the lowest Foreign Bid shall be increased by fi�een percent (15%).

(c) In the event that the lowest bid offered by a Domes�c Bidder does not exceed the lowest Foreign Bid as increased, then the Procuring En�ty shall award the contract to the Domes�c Bidder at the amount of the lowest Foreign Bid.

(d) If the Domes�c Bidder refuses to accept the award of contract at the amount of the Foreign Bid within two (2) calendar days from receipt of wri�en advice from the BAC, the Procuring En�ty shall award to the

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bidder offering the Foreign Bid, subject to post-qualifica�on and submission of all the documentary requirements under these Bidding Documents.

16.2. A Bidder may be granted preference as a Domes�c Bidder subject to the cer�fica�on from the DTI that the Bidder is offering unmanufactured ar�cles, materials or supplies of the growth or produc�on of the Philippines, or manufactured ar�cles, materials, or supplies manufactured or to be manufactured in the Philippines substan�ally from ar�cles, materials, or supplies of the growth, produc�on, or manufacture, as the case may be, of the Philippines.

17. Detailed Evalua�on and Comparison of Bids

17.1. The Procuring En�ty will undertake the detailed evalua�on and comparison of bids which have passed the opening and preliminary examina�on of bids, pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.

17.2. The Lowest Calculated Bid shall be determined in two steps:

(a) The detailed evalua�on of the financial component of the bids, to establish the correct calculated prices of the bids; and

(b) The ranking of the total bid prices as so calculated from the lowest to the highest. The bid with the lowest price shall be iden�fied as the Lowest Calculated Bid.

17.3. The Procuring En�ty’s BAC shall immediately conduct a detailed evalua�on of all bids rated “passed,” using non-discre�onary pass/fail criteria. The BAC shall consider the following in the evalua�on of bids:

(a) Completeness of the bid. Unless the BDS allows par�al bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, Schedule of Prices, shall be considered non-responsive and, thus, automa�cally disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a zero (0)or a dash (-) for the said item would mean that it is being offered for free to the Procuring En�ty, except those required by law or regula�ons to be provided for; and

(b) Arithme�cal correc�ons. Consider computa�onal errors and omissions to enable proper comparison of all eligible bids. It may also consider bid modifica�ons. Any adjustment shall be calculated in monetary terms to determine the calculated prices.

17.4. Based on the detailed evalua�on of bids, those that comply with the above-men�oned requirements shall be ranked in the ascending order

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of their total calculated bid prices, as evaluated and corrected for computa�onal errors, discounts and other modifica�ons, to iden�fy the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computa�onal errors, discounts and other modifica�ons, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS .

17.5. The Procuring En�ty’s evalua�on of bids shall be based on the bid price quoted in the Bid Form, which includes the Schedule of Prices.

17.6. Bids shall be evaluated on an equal foo�ng to ensure fair compe��on. For this purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and du�es which shall be itemized in the bid form and reflected in the detailed es�mates. Such bids, including said taxes, shall be the basis for bid evalua�on and comparison.

17.7. If so indicated pursuant to ITB Clause 1.2, Bids are being invited for individual lots or for any combina�on thereof, provided that all Bids and combina�ons of Bids shall be received by the same deadline and opened and evaluated simultaneously so as to determine the Bid or combina�on of Bids offering the lowest calculated cost to the Procuring En�ty. Bid prices quoted shall correspond to all items specified for each lot and to all quan��es specified for each item of a lot. Bid Security as required by ITB Clause 18 shall be submi�ed for each contract (lot) separately. The basis for evalua�on of lots is specified in BDS Clause 28.3.

18. Post-Qualifica�on

18.1. The BAC shall determine to its sa�sfac�on whether the Bidder that is evaluated as having submi�ed the Lowest Calculated Bid complies with and is responsive to all the requirements and condi�ons specified in ITB Clauses 5 , 12, and 13.

18.2. Within a non-extendible period of five (5) calendar days from receipt by the bidder of the no�ce from the BAC that it submi�ed the Lowest Calculated Bid, the Bidder shall submit its latest income and business tax returns filed and paid through the BIR Electronic Filing and Payment System (EFPS) and other appropriate licenses and permits required by law and stated in the BDS .

Failure to submit any of the post-qualifica�on requirements on �me, or a finding against the veracity thereof, shall disqualify the bidder for award. Provided in the event that a finding against the veracity of any of the documents submi�ed is made, it shall cause the forfeiture of the bid security in accordance with Sec�on 69 of the IRR of RA 9184.

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18.3. The determina�on shall be based upon an examina�on of the documentary evidence of the Bidder’s qualifica�ons submi�ed pursuant to ITB Clauses 12 and 13, as well as other informa�on as the Procuring En�ty deems necessary and appropriate, using a non-discre�onary “pass/fail” criterion, which shall be completed within a period of twelve (12) calendar days.

18.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria for post-qualifica�on, it shall declare the said bid as the LCRB, and recommend to the HoPE the award of contract to the said Bidder at its submi�ed price or its calculated bid price, whichever is lower.

18.5. A nega�ve determina�on shall result in rejec�on of the Bidder’s Bid, in which event the Procuring En�ty shall proceed to the next Lowest Calculated Bid with a fresh period to make a similar determina�on of that Bidder’s capabili�es to perform sa�sfactorily. If the second Bidder, however, fails the post qualifica�on, the procedure for post qualifica�on shall be repeated for the Bidder with the next Lowest Calculated Bid, and so on un�l the LCRB is determined for recommenda�on for contract award.

18.6. Within a period not exceeding fi�een (15) calendar days from the determina�on by the BAC of the LCRB and the recommenda�on to award the contract, the HoPE or his duly authorized representa�ve shall approve or disapprove the said recommenda�on.

18.7. In the event of disapproval, which shall be based on valid, reasonable, and jus�fiable grounds as provided for under Sec�on 41 of the IRR of RA 9184, the HoPE shall no�fy the BAC and the Bidder in wri�ng of such decision and the grounds for it. When applicable, the BAC shall conduct a post-qualifica�on of the Bidder with the next Lowest Calculated Bid. A request for reconsidera�on may be filed by the bidder with the HoPE in accordance with Sec�on 37.1.3 of the IRR of RA 9184.

19. Reserva�on Clause

19.1. Notwithstanding the eligibility or post-qualifica�on of a Bidder, the Procuring En�ty concerned reserves the right to review its qualifica�ons at any stage of the procurement process if it has reasonable grounds to believe that a misrepresenta�on has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the �me it submi�ed its eligibility requirements. Should such review uncover any misrepresenta�on made in the eligibility and bidding requirements, statements or documents, or any changes in the situa�on of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evalua�on criteria, the Procuring En�ty shall

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consider the said Bidder as ineligible and shall disqualify it from submi�ng a bid or from obtaining an award or contract.

19.2. Based on the following grounds, the Procuring En�ty reserves the right to reject any and all bids, declare a Failure of Bidding at any �me prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding:

(a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring En�ty, or between the BAC and any of the Bidders, or if the collusion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify compe��on;

(b) If the Procuring En�ty’s BAC is found to have failed in following the prescribed bidding procedures; or

(c) For any jus�fiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows:

(i) If the physical and economic condi�ons have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the HoPE;

(ii) If the project is no longer necessary as determined by the HoPE; and

(iii) If the source of funds for the project has been withheld or reduced through no fault of the Procuring En�ty.

19.3. In addi�on, the Procuring En�ty may likewise declare a failure of bidding when:

(a) No bids are received;

(b) All prospec�ve Bidders are declared ineligible;

(c) All bids fail to comply with all the bid requirements or fail post-qualifica�on; or

(d) The bidder with the LCRB refuses, without jus�fiable cause to accept the award of contract, and no award is madein accordance with Sec�on 40 of the IRR of RA 9184.

Award of Contract

20. Contract Award

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20.1. Subject to ITB Clause 29, the HoPE or its duly authorized representa�ve shall award the contract to the Bidder whose bid has been determined to be the LCRB.

20.2. Prior to the expira�on of the period of bid validity, the Procuring En�ty shall no�fy the successful Bidder in wri�ng that its bid has been accepted, through a No�ce of Award duly received by the Bidder or its representa�ve personally or sent by registered mail or electronically, receipt of which must be confirmed in wri�ng within two (2) days by the Bidder with the LCRB and submi�ed personally or sent by registered mail or electronically to the Procuring En�ty.

20.3. Notwithstanding the issuance of the No�ce of Award, award of contract shall be subject to the following condi�ons:

(a) Submission of the following documents within ten (10) calendar days from receipt of the No�ce of Award:

(i) Valid JVA, if applicable; or

(ii) In the case of procurement by a Philippine Foreign Service Office or Post, the PhilGEPS Registra�on Number of the winning foreign Bidder;

(b) Pos�ng of the performance security in accordance with ITB Clause33;

(c) Signing of the contract as provided in ITB Clause 32; and

(d) Approval by higher authority, if required, as provided in Sec�on 37.3 of the IRR of RA 9184.

20.4. At the �me of contract award, the Procuring En�ty shall not increase or decrease the quan�ty of goods originally specified in

20.5. Sec�on VI. Schedule of Requirements.

21. Signing of the Contract

21.1. At the same �me as the Procuring En�ty no�fies the successful Bidder that its bid has been accepted, the Procuring En�ty shall send the Contract Form to the Bidder, which contract has been provided in the Bidding Documents, incorpora�ng therein all agreements between the par�es.

21.2. Within ten (10) calendar days from receipt of the No�ce of Award, the successful Bidder shall post the required performance security, sign and date the contract and return it to the Procuring En�ty.

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21.3. The Procuring En�ty shall enter into contract with the successful Bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with.

21.4. The following documents shall form part of the contract:

(a) Contract Agreement;

(b) Bidding Documents;

(c) Winning bidder’s bid, including the Technical and Financial Proposals, and all other documents/statements submi�ed ( e.g., bidder’s response to request for clarifica�ons on the bid), including correc�ons to the bid, if any, resul�ng from the Procuring En�ty’s bid evalua�on;

(d) Performance Security;

(e) No�ce of Award of Contract; and

(f) Other contract documents that may be required by exis�ng laws and/or specified in the BDS .

22. Performance Security

22.1. To guarantee the faithful performance by the winning Bidder of its obliga�ons under the contract, it shall post a performance security within a maximum period of ten (10) calendar days from the receipt of the No�ce of Award from the Procuring En�ty and in no case later than the signing of the contract.

22.2. The Performance Security shall be denominated in Philippine Pesos and posted in favor of the Procuring En�ty in an amount not less thanthe percentage of the total contract price in accordance with the following schedule:

m of Performance Security unt of Performance Security the Percentage of the Total Contract

Price) (a) Cash or cashier’s/manager’s

check issued by a Universal or Commercial Bank.

dings conducted by the LGUs, the Cashier’s/Manager’s Check may be issued by other banks cer�fied by the BSP as authorized to issue such financial instrument.

Five percent (5%)

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(b) Bank dra�/guarantee or irrevocable le�er of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authen�cated by a Universal or Commercial Bank, if issued by a foreign bank.

ngs conducted by the LGUs, the Bank Dra�/Guarantee or Irrevocable Le�er of Credit may be issued by other banks cer�fied by the BSP as authorized to issue such financial instrument.

(c) Surety bond callable upon demand issued by a surety or insurance company duly cer�fied by the Insurance Commission as authorized to issue such security.

Thirty percent (30%)

22.3. Failure of the successful Bidder to comply with the above-men�oned

requirement shall cons�tute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event the Procuring En�ty shall have a fresh period to ini�ate and complete the post qualifica�on of the second Lowest Calculated Bid. The procedure shall be repeated un�l the LCRB is iden�fied and selected for recommenda�on of contract award. However if no Bidder passed post-qualifica�on, the BAC shall declare the bidding a failure and conduct a re-bidding with re-adver�sement, if necessary.

23. No�ce to Proceed

Within seven (7) calendar days from the date of approval of the contract by the appropriate government approving authority, the Procuring En�ty shall issue the No�ce to Proceed (NTP) together with a copy or copies of the approved contract to the successful Bidder. All no�ces called for by the terms of the contract shall be effec�ve only at the �me of receipt thereof by the successful Bidder.

24. Protest Mechanism

Decisions of the procuring en�ty at any stage of the procurement process may be ques�oned in accordance with Sec�on 55 of the IRR of RA 9184.

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Sec�on III. Bid Data Sheet

ITB Clause

1.1 The Procuring En�ty is:

SUBIC BAY METROPOLITAN AUTHORITY (SBMA)

1.2 The name of the Contract is SUPPLY AND DELIVERY OF VARIOUS VEHICLE The iden�fica�on number of the Contract is

(SBMA-BAC-GOODS-ITB-20-20)

The lot (s) and reference is/are:

LOT NO. ITEM/DESCRIPTION

1 Supply and Delivery of Ten (10) Units Light Vehicles, Patrol Car (with complete accessories)

2 Supply and Delivery of One (1) Unit AUV/Crossover U�lity Vehicle


The Funding Source is:

The Government of the Philippines (GOP) through the Corporate Budget for the contract approved by the governing Board for 2020 in the amount of Twenty-Nine Million Two Hundred Eighty-Two Thousand Pesos (Php 29,282,000.00) Exclusive of VAT and other taxes.

The name of the Project is:

SUPPLY AND DELIVERY OF SUPPLY AND DELIVERY OF VARIOUS VEHICLE

The Government of the Philippines (GOP) through the SBMA Corporate Budget for the contract approved by the governing Board for 2020for each lot is as follows.

LOT NO. ITEM/DESCRIPTION APPROVED BUDGET FOR THE CONTRACT

(ABC)


Php 15,332,000.00

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Php 1,350,000.00


Php 12,600,000.00

TOTAL Php 29,282,000.00

3.1 No further instruc�ons.


5.2 Foreign bidders, except those falling under ITB Clause 5.2(b), may not par�cipate in this Project.

5.4 The Bidder must have completed, within five (5) years from the date of submission and receipt of bids, a single contract similar to the Project at hand and whose value must be at least fi�y percent (50%) of the ABC to be bid. Such contract shall be reflected in the Statement of Single Largest Completed Contract under Item 12.1(a)(iii) hereof. Bidders shall include in their Bids:

1) a photocopy of Single Largest Completed Contract or Purchase Order; and 2) the corresponding proof of comple�on, which could either be:

( i) Cer�ficate of Final Acceptance/Comple�on from the bidder’s client; or (ii) Official Receipt of the bidder covering the full amount of the contract. Failure to submit a copy of the Single Largest Completed Contract with proof of comple�on is a valid ground for disqualifica�on of the bidder for award. For this purpose, similar contracts shall refer to any Supply and Delivery of any Motor Vehicle.

7 No further instruc�ons.

8.1 Subcontrac�ng is not allowed.

8.2 Not applicable .

9.1 The Procuring En�ty will hold a Pre-Bid conference for this Project on

October 13,2020, 2:00 p.m.

at PPMD Conference Room, Room 201, Bldg. 255, Barryman Road, Subic Bay Freeport Zone

10.1 The Procuring En�ty’s address is:

Subic Bay Metropolitan Authority

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Bldg. 229, Waterfront Rd., Subic Bay Freeport Zone 2222 (047) 252-4230 [email protected]

12.1(a) Other Technical Documentary Requirements:

1. Cer�ficate of Authorized Dealership. 2. Brochure/Catalogue of Motor Vehicle and accessories being offered. 3. Warranty Cer�ficates on Parts and Services 4. Cer�fica�on of Spare Parts Availability in the Philippines for the next five (5)

years a�er end-of-produc�on issued by the manufacturer or authorized dealer commencing from the effec�ve date of contract.

5. Cer�fica�on from the bidder with proof that the Brand of the Motor Vehicle being offered has been con�nuously in the Philippine Market for at least Twenty (20) years before the submission and receipt of bids and that the Motor Vehicle to be supplied is brand new and the latest model.

6. Cer�fica�on that the principal/manufacturer has at least three (3) list of Authorized Service Centers of the brand being offered with-in Region III including proof of existence and its loca�on. A cer�fica�on must be provided that the exis�ng three (3) Service Center can provide a�er sale services support for the offered unit.

12.1(a)(ii) The bidder’s SLCC similar to the contract to be bid should have been

completed within five (5) years prior to the deadline for the submission and receipt of bids.

13.1 No addi�onal requirements.

13.1(b) No further instruc�ons.

13.1(c) No addi�onal requirements.

13.2 The ABC is Twenty-Nine Million Two Hundred Eighty-Two Thousand Pesos (Php 29,282,000.00) Exclusive of VAT and other taxes.

Breakdown for each lot is as follows.


(ABC)


Php 15,332,000.00


Php 1,350,000.00


Php 12,600,000.00

TOTAL Php 29,282,000.00

Any bid with a financial component exceeding this amount shall not be accepted.

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mailto:[email protected]

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15.4(a)(iv) No incidental services are required.

15.4(b) No incidental services are required.

16.1(b) The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos.

16.3 Not applicable

17.1 Bids will be valid un�l one hundred twenty (120) days from Submission/Opening of Bids.

18.1 The bid security shall be in the form of a Bid Securing Declara�on, or any of the following forms and amounts:

BID SECURITY*

LOT NO.

ITEM/DESCRIPTION At least Two Percent (2%) of the ABC if Cash or Cashier’s/Manager’s

Check issued by a Universal or Commercial

Bank; OR Bank Dra�/Guarantee or irrevocable Le�er of

Credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed

or authen�cated by a Universal or Commercial

Bank, if issued by a Foreign Bank

At least Five Percent (5%) of the ABC if

Surety Bond callable upon demand issued

by a Surety or Insurance Company duly cer�fied by the

Insurance Commission as

authorized to issue such security

Bid Securing Declara�on

1 LIGHT VEHICLES, PATROL CAR

(WITH COMPLETE ACCESSORIES)



2 AUV / CROSSOVER UTILITY VEHICLE



3 PICK-UP TRUCK 4 X 4, DOUBLE-CAB, 5-PASSENGER

At least Php 252,000.00 At least Php 630,000.00


*Separate bid Security for each item/lot being bid.

It shall be accompanied by a cer�fica�on by the Insurance Commission that the surety or insurance company is authorized to issue such instruments.

18.2 The bid security shall be valid un�l one hundred twenty (120) days from Submission/Opening of Bids.

20.3 – 20.5

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Each Bidder shall submit one (1) original and two (2) copies of the first and second components of its bid.

The duplicate - i.e. Copies 1 and 2 , must include the same documents as that of the original set of documents. In case, however, a bidder opts to submit cash as bid security, Copies 1 and 2 need not contain photocopies of the same.

Unsealed or unmarked bid envelops shall be rejected. However, bid envelopes that are not properly sealed and marked, as required in the Bidding Documents, shall be accepted, provided that the bidder or its duly representa�ve shall acknowledge such condi�on of the bid as submi�ed. The BAC shall assume no responsibility for the misplacement of the contents of the improperly sealed or marked bid, or for its premature opening.

21 The address for submission of bids is:

SUBIC BAY METROPOLITAN AUTHORITY (SBMA) BIDS AND AWARDS COMMITTEE (BAC)

GOODS AND SERVICES PPMD Office, Rm. 201, Bldg. 255, Barryman Road

Subic Bay Freeport Zone

The deadline for submission of bids is

2:00 p.m., October 26,2020. Late bids shall not be accepted.

24.1 The place of bid opening is:

SUBIC BAY METROPOLITAN AUTHORITY (SBMA) BIDS AND AWARDS COMMITTEE (BAC)

GOODS AND SERVICES PPMD Office, Rm. 201, Bldg. 255, Barryman Road

Subic Bay Freeport Zone

The date and �me of bid opening is:

2:00 p.m., October 28, 2020.

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27.1 No further instruc�ons .

28.3 (a) Grouping and Evalua�on of Lots –

Par�al bids are allowed. All goods are grouped in lots listed below.


(ABC)


Php 15,332,000.00


Php 1,350,000.00


Php 12,600,000.00

TOTAL Php 29,282,000.00

Bidders shall have the op�on of submi�ng a proposal on any or all lots and evalua�on and contract award will be undertaken on a per lot basis. Lots shall not be divided further into sub-lots for the purpose of bidding, evalua�on and contract award.


28.6 The inclusion of the cost of all taxes, such as, but not limited to, Value Added Tax (VAT), income tax and local taxes is NOT APPLICABLE to the SBMA. Under Sec�on 12 (c) of Republic Act No. 7227, no taxes, local and na�onal, shall be imposed within the Subic Special Economic Zone. Also, per its Cer�ficate of Registra�on with the Bureau of Internal Revenue (BIR), the SBMA is a NON-VAT taxpayer.

29.2 1. 2019 Income Tax Return or Quarterly Income Tax Returns with proof of full payment for the last six (6) months preceding the date of bid submission; and 2.Value Added Tax Returns (Forms 2550M and 2550Q or Percentage Tax Returns (2551M) with proof of payment covering the last six (6) months preceding the date of bid submission.

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The income tax and Business tax returns stated above should have been filed through the Electronic Filing and Payment System (EFPS ).

32.4(f) No addi�onal requirement.

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Sec�on IV. General Condi�ons of Contract

TABLE OF CONTENTS

1. D EFINITIONS 47

2. C ORRUPT , F RAUDULENT , C OLLUSIVE , AND C OERCIVE P RACTICES 48

3. I NSPECTION AND A UDIT BY THE F UNDING S OURCE 49

4. G OVERNING L AW AND L ANGUAGE 49

5. N OTICES 49

6. S COPE OF C ONTRACT 50

7. S UBCONTRACTING 50

8. P ROCURING E NTITY ’ S R ESPONSIBILITIES 50

9. P RICES 51

10. P AYMENT 51

11. A DVANCE P AYMENT AND T ERMS OF P AYMENT 52

12. T AXES AND D UTIES 52

13. P ERFORMANCE S ECURITY 52

14. U SE OF C ONTRACT D OCUMENTS AND I NFORMATION 53

15. S TANDARDS 53

16. I NSPECTION AND T ESTS 54

17. W ARRANTY 54

18. D ELAYS IN THE S UPPLIER ’ S P ERFORMANCE 55

19. L IQUIDATED D AMAGES 56

20. S ETTLEMENT OF D ISPUTES 56

21. L IABILITY OF THE S UPPLIER 56

22. F ORCE M AJEURE 57

23. T ERMINATION FOR D EFAULT 57

24. T ERMINATION FOR I NSOLVENCY 58

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25. T ERMINATION FOR C ONVENIENCE 58

26. T ERMINATION FOR U NLAWFUL A CTS 59

27. P ROCEDURES FOR T ERMINATION OF C ONTRACTS 59

28. A SSIGNMENT OF R IGHTS 60

29. C ONTRACT A MENDMENT 60

30. A PPLICATION 60

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1. Defini�ons

1.1. In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the Procuring En�ty and the Supplier, as recorded in the Contract Form signed by the par�es, including all a�achments and appendices thereto and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obliga�ons.

(c) “The Goods” means all of the supplies, equipment, machinery, spare parts, other materials and/or general support services which the Supplier is required to provide to the Procuring En�ty under the Contract.

(d) “The Services” means those services ancillary to the supply of the Goods, such as transporta�on and insurance, and any other incidental services, such as installa�on, commissioning, provision of technical assistance, training, and other such obliga�ons of the Supplier covered under the Contract.

(e) “GCC” means the General Condi�ons of Contract contained in this Sec�on.

(f) “SCC” means the Special Condi�ons of Contract.

(g) “The Procuring En�ty” means the organiza�on purchasing the Goods, as named in the SCC .

(h) “The Procuring En�ty’s country” is the Philippines.

(i) “The Supplier” means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the SCC .

(j) The “Funding Source” means the organiza�on named in the SCC .

(k) “The Project Site,” where applicable, means the place or places named in the SCC .

(l) “Day” means calendar day.

(m) The “Effec�ve Date” of the contract will be the date of signing the contract, however the Supplier shall commence performance of its obliga�ons only upon receipt of the No�ce to Proceed and copy of the approved contract.

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(n) “Verified Report” refers to the report submi�ed by the Implemen�ng Unit to the HoPEse�ng forth its findings as to the existence of grounds or causes for termina�on and explicitly sta�ng its recommenda�on for the issuance of a No�ce to Terminate.

2. Corrupt, Fraudulent, Collusive, and Coercive Prac�ces

2.1. Unless otherwise provided in the SCC , the Procuring En�ty as well as the bidders, contractors, or suppliers shall observe the highest standard of ethics during the procurement and execu�on of this Contract. In pursuance of this policy, the Procuring En�ty:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) "corrupt prac�ce" 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 posi�on in which they are placed, and it includes the offering, giving, receiving, or solici�ng of anything of value to influence the ac�on of any such official in the procurement process or in contract execu�on; entering, on behalf of the Government, into any contract or transac�on 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.

(ii) "fraudulent prac�ce" means a misrepresenta�on of facts in order to influence a procurement process or the execu�on of a contract to the detriment of the Procuring En�ty, and includes collusive prac�ces among Bidders (prior to or a�er bid submission) designed to establish bid prices at ar�ficial, non-compe��ve levels and to deprive the Procuring En�ty of the benefits of free and open compe��on.

(iii) “collusive prac�ces” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring En�ty, designed to establish bid prices at ar�ficial, non-compe��ve levels.

(iv) “coercive prac�ces” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their par�cipa�on in a procurement process, or affect the execu�on of a contract;

(v) “obstruc�ve prac�ce” is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administra�ve

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proceedings or inves�ga�on or making false statements to inves�gators in order to materially impede an administra�ve proceedings or inves�ga�on of the Procuring En�ty or any foreign government/foreign or interna�onal financing ins�tu�on into allega�ons of a corrupt, fraudulent, coercive or collusive prac�ce; and/or threatening, harassing or in�mida�ng any party to prevent it from disclosing its knowledge of ma�ers relevant to the administra�ve proceedings or inves�ga�on or from pursuing such proceedings or inves�ga�on; or

(bb) acts intended to materially impede the exercise of the

inspec�on and audit rights of the Procuring En�ty or any foreign government/foreign or interna�onal financing ins�tu�on herein.

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the prac�ces men�oned in this Clause for purposes of compe�ng for the contract.

2.2. Further the Funding Source, Borrower or Procuring En�ty, as appropriate, will seek to impose the maximum civil, administra�ve and/or criminal penal�es available under the applicable law on individuals and organiza�ons deemed to be involved with any of the prac�ces men�oned in GCC Clause 2.1(a).

3. Inspec�on and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Supplier’s accounts and records rela�ng to the performance of the Supplier and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source.

4. Governing Law and Language

4.1. This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines.

4.2. This Contract has been executed in the English language, which shall be the binding and controlling language for all ma�ers rela�ng to the meaning or interpreta�on of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the par�es shall be wri�en in English.

5. No�ces

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5.1. Any no�ce, request, or consent required or permi�ed to be given or made pursuant to this Contract shall be in wri�ng. Any such no�ce, request, or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representa�ve of the Party to whom the communica�on is addressed, or when sent by registered mail, telex, telegram, or facsimile to such Party at the address specified in the SCC , which shall be effec�ve when delivered and duly received or on the no�ce’s effec�ve date, whichever is later.

5.2. A Party may change its address for no�ce hereunder by giving the other Party no�ce of such change pursuant to the provisions listed in the SCC for GCC Clause 5.1.

6. Scope of Contract

6.1. The Goods and Related Services to be provided shall be as specified in


6.3. This Contract shall include all such items, although not specifically men�oned, that can be reasonably inferred as being required for its comple�on as if such items were expressly men�oned herein. Any addi�onal requirements for the comple�on of this Contract shall be provided in the SCC .

7. Subcontrac�ng

7.1. Subcontrac�ng of any por�on of the Goods, if allowed in the BDS , does not relieve the Supplier of any liability or obliga�on under this Contract. The Supplier will be responsible for the acts, defaults, and negligence of any subcontractor, its agents, servants or workmen as fully as if these were the Supplier’s own acts, defaults, or negligence, or those of its agents, servants or workmen.

7.2. If subcontrac�ng is allowed, the Supplier may iden�fy its subcontractor during contract implementa�on. Subcontractors disclosed and iden�fied during the bidding may be changed during the implementa�on of this Contract. In either case, subcontractors must submit the documentary requirements under ITB Clause 12 and comply with the eligibility criteria specified in the BDS. In the event that any subcontractor is found by the Procuring En�ty to be ineligible, the subcontrac�ng of such por�on of the Goods shall be disallowed.

8. Procuring En�ty’s Responsibili�es

8.1. Whenever the performance of the obliga�ons in this Contract requires that the Supplier obtain permits, approvals, import, and other licenses

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from local public authori�es, the Procuring En�ty shall, if so needed by the Supplier, make its best effort to assist the Supplier in complying with such requirements in a �mely and expedi�ous manner.

8.2. The Procuring En�ty shall pay all costs involved in the performance of its responsibili�es in accordance with GCC Clause 6 .

9. Prices

9.1. For the given scope of work in this Contract as awarded, all bid prices are considered fixed prices, and therefore not subject to price escala�on during contract implementa�on, except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Sec�on 61 of R.A. 9184 and its IRR or except as provided in this Clause.

9.2. Prices charged by the Supplier for Goods delivered and/or services performed under this Contract shall not vary from the prices quoted by the Supplier in its bid, with the excep�on of any change in price resul�ng from a Change Order issued in accordance with GCC Clause 29.

10. Payment

10.1. Payments shall be made only upon a cer�fica�on by the HoPE to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted . Except with the prior approval of the President no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under this Contract. At least one percent (1%) but shall not exceed five percent (5%) of the amount of each payment shall be retained by the Procuring En�ty to cover the Supplier’s warranty obliga�ons under this Contract as described in GCC Clause 17 .

10.2. The Supplier’s request(s) for payment shall be made to the Procuring En�ty in wri�ng, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed, and by documents submi�ed pursuant to the SCC provision for GCC Clause 6.3, and upon fulfilment of other obliga�ons s�pulated in this Contract.

10.3. Pursuant to GCC Clause 10.1, payments shall be made promptly by the Procuring En�ty, but in no case later than sixty (60) days a�er submission of an invoice or claim by the Supplier. Payments shall be in accordance with the schedule stated in the SCC .

10.4. Unless otherwise provided in the SCC , the currency in which payment is made to the Supplier under this Contract shall be in Philippine Pesos.

10.5. Unless otherwise provided in the SCC , payments using Le�er of Credit (LC), in accordance with the Guidelines issued by the GPPB, is allowed.

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For this purpose, the amount of provisional sum is indicated in the SCC . All charges for the opening of the LC and/or incidental expenses thereto shall be for the account of the Supplier.

11. Advance Payment and Terms of Payment

11.1. Advance payment shall be made only a�er prior approval of the President, and shall not exceed fi�een percent (15%) of the Contract amount, unless otherwise directed by the President or in cases allowed under Annex “D” of RA 9184.

11.2. All progress payments shall first be charged against the advance payment un�l the la�er has been fully exhausted.

11.3. For Goods supplied from abroad, unless otherwise indicated in the SCC , the terms of payment shall be as follows:

(a) On Contract Signature: Fi�een Percent (15%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid un�l the Goods are delivered and in the form provided in Sec�on VIII. Bidding Forms.

(b) On Delivery: Sixty-five percent (65%) of the Contract Price shall be paid to the Supplier within sixty (60) days a�er the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents.

(c) On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days a�er the date of submission of the acceptance and inspec�on cer�ficate for the respec�ve delivery issued by the Procuring En�ty’s authorized representa�ve. In the event that no inspec�on or acceptance cer�ficate is issued by the Procuring En�ty’s authorized representa�ve within forty five (45) days of the date shown on the delivery receipt, the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring En�ty’s own verifica�on of the reason(s) for the failure to issue documents (vii) and (viii) as described in the SCC provision on Delivery and Documents.

12. Taxes and Du�es

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The Supplier, whether local or foreign, shall be en�rely responsible for all the necessary taxes, stamp du�es, license fees, and other such levies imposed for the comple�on of this Contract.

13. Performance Security

13.1. Within ten (10) calendar days from receipt of the No�ce of Award from the Procuring En�ty but in no case later than the signing of the contract by both par�es, the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Clause 33.2.

13.2. The performance security posted in favor of the Procuring En�ty shall be forfeited in the event it is established that the winning bidder is in default in any of its obliga�ons under the contract.

13.3. The performance security shall remain valid un�l issuance by the Procuring En�ty of the Cer�ficate of Final Acceptance.

13.4. The performance security may be released by the Procuring En�ty and returned to the Supplier a�er the issuance of the Cer�ficate of Final Acceptance subject to the following condi�ons:

(a) There are no pending claims against the Supplier or the surety company filed by the Procuring En�ty;

(b) The Supplier has no pending claims for labor and materials filed against it; and

(c) Other terms specified in the SCC .

13.5. In case of a reduc�on of the contract value, the Procuring En�ty shall allow a propor�onal reduc�on in the original performance security, provided that any such reduc�on is more than ten percent (10%) and that the aggregate of such reduc�ons is not more than fi�y percent (50%) of the original performance security.

14. Use of Contract Documents and Informa�on

14.1. The Supplier shall not, except for purposes of performing the obliga�ons in this Contract, without the Procuring En�ty’s prior wri�en consent, disclose this Contract, or any provision thereof, or any specifica�on, plan, drawing, pa�ern, sample, or informa�on furnished by or on behalf of the Procuring En�ty. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.

14.2. Any document, other than this Contract itself, enumerated in GCC Clause 14.1 shall remain the property of the Procuring En�ty and shall

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be returned (all copies) to the Procuring En�ty on comple�on of the Supplier’s performance under this Contract if so required by the Procuring En�ty.

15. Standards

The Goods provided under this Contract shall conform to the standards men�oned in the Sec�on VII. Technical Specifica�ons; and, when no applicable standard is men�oned, to the authorita�ve standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the ins�tu�on concerned.

16. Inspec�on and Tests

16.1. The Procuring En�ty or its representa�ve shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifica�ons at no extra cost to the Procuring En�ty. The SCC and Sec�on VII. Technical Specifica�ons shall specify what inspec�ons and/or tests the Procuring En�ty requires and where they are to be conducted. The Procuring En�ty shall no�fy the Supplier in wri�ng, in a �mely manner, of the iden�ty of any representa�ves retained for these purposes.

16.2. If applicable, the inspec�ons and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods’ final des�na�on. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facili�es and assistance, including access to drawings and produc�on data, shall be furnished to the inspectors at no charge to the Procuring En�ty. The Supplier shall provide the Procuring En�ty with results of such inspec�ons and tests.

16.3. The Procuring En�ty or its designated representa�ve shall be en�tled to a�end the tests and/or inspec�ons referred to in this Clause provided that the Procuring En�ty shall bear all of its own costs and expenses incurred in connec�on with such a�endance including, but not limited to, all travelling and board and lodging expenses.

16.4. The Procuring En�ty may reject any Goods or any part thereof that fail to pass any test and/or inspec�on or do not conform to the specifica�ons. The Supplier shall either rec�fy or replace such rejected Goods or parts thereof or make altera�ons necessary to meet the specifica�ons at no cost to the Procuring En�ty, and shall repeat the test and/or inspec�on, at no cost to the Procuring En�ty, upon giving a no�ce pursuant to GCC Clause 5 .

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16.5. The Supplier agrees that neither the execu�on of a test and/or inspec�on of the Goods or any part thereof, nor the a�endance by the Procuring En�ty or its representa�ve, shall release the Supplier from any warran�es or other obliga�ons under this Contract.

17. Warranty

17.1. The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the technical specifica�ons required by the Procuring En�ty provides otherwise.

17.2. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the condi�ons prevailing in the country of final des�na�on.

17.3. In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period specified in the SCC . The obliga�on for the warranty shall be covered by, at the Supplier’s op�on, either reten�on money in an amount equivalent to at least one percent (1%) but shall not exceed five percent (5%) of every progress payment, or a special bank guarantee equivalent to at least one percent (1%) but shall not exceed five percent (5%) of the total Contract Price or other such amount if so specified in the SCC . The said amounts shall only be released a�er the lapse of the warranty period specified in the SCC ; provided, however, that the Supplies delivered are free from patent and latent defects and all the condi�ons imposed under this Contract have been fully met.

17.4. The Procuring En�ty shall promptly no�fy the Supplier in wri�ng of any claims arising under this warranty. Upon receipt of such no�ce, the Supplier shall, within the period specified in the SCC and with all reasonable speed, repair or replace the defec�ve Goods or parts thereof, without cost to the Procuring En�ty.

17.5. If the Supplier, having been no�fied, fails to remedy the defect(s) within the period specified in GCC Clause 17.4, the Procuring En�ty may proceed to take such remedial ac�on as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Procuring En�ty may have against the Supplier under the Contract and under the applicable law.

18. Delays in the Supplier’s Performance

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18.1. Delivery of the Goods and/or performance of Services shall be made by the Supplier in accordance with the �me schedule prescribed by the Procuring En�ty in


18.3. If at any �me during the performance of this Contract, the Supplier or its Subcontractor(s) should encounter condi�ons impeding �mely delivery of the Goods and/or performance of Services, the Supplier shall promptly no�fy the Procuring En�ty in wri�ng of the fact of the delay, it’s likely dura�on and its cause(s). As soon as prac�cable a�er receipt of the Supplier’s no�ce, and upon causes provided for under GCC Clause 22, the Procuring En�ty shall evaluate the situa�on and may extend the Supplier’s �me for performance, in which case the extension shall be ra�fied by the par�es by amendment of Contract.

18.4. Except as provided under GCC Clause 22, a delay by the Supplier in the performance of its obliga�ons shall render the Supplier liable to the imposi�on of liquidated damages pursuant to GCC Clause 19, unless an extension of �me is agreed upon pursuant to GCC Clause 29 without the applica�on of liquidated damages.

19. Liquidated Damages

Subject to GCC Clauses 18 and 22, if the Supplier fails to sa�sfactorily deliver any or all of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted �me extensions if any, the Procuring En�ty shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent of the cost of the unperformed por�on for every day of delay un�l actual delivery or performance. The maximum deduc�on shall be ten percent (10%) of the amount of contract. Once the maximum is reached, the Procuring En�ty may rescind or terminate the Contract pursuant to GCC Clause 23, without prejudice to other courses of ac�on and remedies open to it.

20. Se�lement of Disputes

20.1. If any dispute or difference of any kind whatsoever shall arise between the Procuring En�ty and the Supplier in connec�on with or arising out of this Contract, the par�es shall make every effort to resolve amicably such dispute or difference by mutual consulta�on.

20.2. If a�er thirty (30) days, the par�es have failed to resolve their dispute or difference by such mutual consulta�on, then either the Procuring En�ty or the Supplier may give no�ce to the other party of its inten�on to commence arbitra�on, as hereina�er provided, as to the ma�er in

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dispute, and no arbitra�on in respect of this ma�er may be commenced unless such no�ce is given.

20.3. Any dispute or difference in respect of which a no�ce of inten�on to commence arbitra�on has been given in accordance with this Clause shall be se�led by arbitra�on. Arbitra�on may be commenced prior to or a�er delivery of the Goods under this Contract.

20.4. In the case of a dispute between the Procuring En�ty and the Supplier, the dispute shall be resolved in accordance with Republic Act 9285 (“R.A. 9285”), otherwise known as the “Alterna�ve Dispute Resolu�on Act of 2004.”

20.5. Notwithstanding any reference to arbitra�on herein, the par�es shall con�nue to perform their respec�ve obliga�ons under the Contract unless they otherwise agree; and the Procuring En�ty shall pay the Supplier any monies due the Supplier.

21. Liability of the Supplier

21.1. The Supplier’s liability under this Contract shall be as provided by the laws of the Republic of the Philippines, subject to addi�onal provisions, if any, set forth in the SCC .

21.2. Except in cases of criminal negligence or wilful misconduct, and in the case of infringement of patent rights, if applicable, the aggregate liability of the Supplier to the Procuring En�ty shall not exceed the total Contract Price, provided that this limita�on shall not apply to the cost of repairing or replacing defec�ve equipment.

22. Force Majeure

22.1. The Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termina�on for default if and to the extent that the Supplier’s delay in performance or other failure to perform its obliga�ons under the Contract is the result of a force majeure .

22.2. For purposes of this Contract the terms “ force majeure ” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Supplier could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather condi�ons; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the

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Supplier. Such events may include, but not limited to, acts of the Procuring En�ty in its sovereign capacity, wars or revolu�ons, fires, floods, epidemics, quaran�ne restric�ons, and freight embargoes.

22.3. If a force majeure situa�on arises, the Supplier shall promptly no�fy the Procuring En�ty in wri�ng of such condi�on and the cause thereof. Unless otherwise directed by the Procuring En�ty in wri�ng, the Supplier shall con�nue to perform its obliga�ons under the Contract as far as is reasonably prac�cal, and shall seek all reasonable alterna�ve means for performance not prevented by the force majeure .

23. Termina�on for Default

23.1. The Procuring En�ty shall terminate this Contract for default when any of the following condi�ons a�ends its implementa�on:

(a) Outside of force majeure , the Supplier fails to deliver or perform any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring En�ty pursuant to a request made by the Supplier prior to the delay, and such failure amounts to at least ten percent (10%) of the contact price;

(b) As a result of force majeure , the Supplier is unable to deliver or perform any or all of the Goods, amoun�ng to at least ten percent (10%) of the contract price, for a period of not less than sixty (60) calendar days a�er receipt of the no�ce from the Procuring En�ty sta�ng that the circumstance of force majeure is deemed to have ceased; or

(c) The Supplier fails to perform any other obliga�on under the Contract.

23.2. In the event the Procuring En�ty terminates this Contract in whole or in part, for any of the reasons provided under GCC Clauses 23 to 26, the Procuring En�ty may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Procuring En�ty for any excess costs for such similar Goods or Services. However, the Supplier shall con�nue performance of this Contract to the extent not terminated.

23.3. In case the delay in the delivery of the Goods and/or performance of the Services exceeds a �me dura�on equivalent to ten percent (10%) of the specified contract �me plus any �me extension duly granted to the Supplier, the Procuring En�ty may terminate this Contract, forfeit the Supplier's performance security and award the same to a qualified Supplier.

24. Termina�on for Insolvency

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The Procuring En�ty shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdic�on. In this event, termina�on will be without compensa�on to the Supplier, provided that such termina�on will not prejudice or affect any right of ac�on or remedy which has accrued or will accrue therea�er to the Procuring En�ty and/or the Supplier.

25. Termina�on for Convenience

25.1. The Procuring En�ty may terminate this Contract, in whole or in part, at any �me for its convenience. The HOPE may terminate a contract for the convenience of the Government if he has determined the existence of condi�ons that make Project Implementa�on economically, financially or technically imprac�cal and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and na�onal government policies.

25.2. The Goods that have been delivered and/or performed or are ready for delivery or performance within thirty (30) calendar days a�er the Supplier’s receipt of No�ce to Terminate shall be accepted by the Procuring En�ty at the contract terms and prices. For Goods not yet performed and/or ready for delivery, the Procuring En�ty may elect:

(a) to have any por�on delivered and/or performed and paid at the contract terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount for par�ally completed and/or performed goods and for materials and parts previously procured by the Supplier.

25.3. If the Supplier suffers loss in its ini�al performance of the terminated contract, such as purchase of raw materials for goods specially manufactured for the Procuring En�ty which cannot be sold in open market, it shall be allowed to recover par�ally from this Contract, on a quantum merit basis. Before recovery may be made, the fact of loss must be established under oath by the Supplier to the sa�sfac�on of the Procuring En�ty before recovery may be made.

26. Termina�on for Unlawful Acts

26.1. The Procuring En�ty may terminate this Contract in case it is determined prima facie that the Supplier has engaged, before or during the implementa�on of this Contract, in unlawful deeds and behaviors rela�ve to contract acquisi�on and implementa�on. Unlawful acts include, but are not limited to, the following:

(a) Corrupt, fraudulent, and coercive prac�ces as defined in ITB Clause 3.1(a);

(b) Drawing up or using forged documents;

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(c) Using adulterated materials, means or methods, or engaging in produc�on contrary to rules of science or the trade; and

(d) Any other act analogous to the foregoing.

27. Procedures for Termina�on of Contracts

27.1. The following provisions shall govern the procedures for termina�on of this Contract:

(a) Upon receipt of a wri�en report of acts or causes which may cons�tute ground(s) for termina�on as aforemen�oned, or upon its own ini�a�ve, the Implemen�ng Unit shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execu�on of a Verified Report, with all relevant evidence a�ached;

(b) Upon recommenda�on by the Implemen�ng Unit, the HOPE shall terminate this Contract only by a wri�en no�ce to the Supplier conveying the termina�on of this Contract. The no�ce shall state:

(i) that this Contract is being terminated for any of the ground(s) afore-men�oned, and a statement of the acts that cons�tute the ground(s) cons�tu�ng the same;

(ii) the extent of termina�on, whether in whole or in part;

(iii) an instruc�on to the Supplier to show cause as to why this Contract should not be terminated; and

(iv) special instruc�ons of the Procuring En�ty, if any.

(c) The No�ce to Terminate shall be accompanied by a copy of the Verified Report;

(d) Within a period of seven (7) calendar days from receipt of the No�ce of Termina�on, the Supplier shall submit to the HOPE a verified posi�on paper sta�ng why this Contract should not be terminated. If the Supplier fails to show cause a�er the lapse of the seven (7) day period, either by inac�on or by default, the HOPE shall issue an order termina�ng this Contract;

(e) The Procuring En�ty may, at any �me before receipt of the Supplier’s verified posi�on paper described in item (d) above withdraw the No�ce to Terminate if it is determined that certain items or works subject of the no�ce had been completed, delivered, or performed before the Supplier’s receipt of the no�ce;

(f) Within a non-extendible period of ten (10) calendar days from receipt of the verified posi�on paper, the HOPE shall decide whether or not to

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terminate this Contract. It shall serve a wri�en no�ce to the Supplier of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Supplier of the no�ce of decision. The termina�on shall only be based on the ground(s) stated in the No�ce to Terminate;

(g) The HOPE may create a Contract Termina�on Review Commi�ee (CTRC) to assist him in the discharge of this func�on. All decisions recommended by the CTRC shall be subject to the approval of the HOPE; and

(h) The Supplier must serve a wri�en no�ce to the Procuring En�ty of its inten�on to terminate the contract at least thirty (30) calendar days before its intended termina�on. The Contract is deemed terminated if it is not resumed in thirty (30) calendar days a�er the receipt of such no�ce by the Procuring En�ty.

28. Assignment of Rights

The Supplier shall not assign his rights or obliga�ons under this Contract, in whole or in part, except with the Procuring En�ty’s prior wri�en consent.

29. Contract Amendment

Subject to applicable laws, no varia�on in or modifica�on of the terms of this Contract shall be made except by wri�en amendment signed by the par�es.

30. Applica�on

These General Condi�ons shall apply to the extent that they are not superseded by provisions of other parts of this Contract.

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Sec�on V. Special Condi�ons of Contract

GCC Clause

1.1(g) The Procuring En�ty is

SUBIC BAY METROPOLITAN AUTHORITY (SBMA)

1.1(i) The Supplier is:

_______________________________________________________

(to be inserted at the �me of contract award)

1.1(j) The Funding Source is:

the Government of the Philippines (GOP) through Corporate Budget for the contract approved by the governing Board for 2020 in the amount of Twenty-Nine Million Two Hundred Eighty-Two Thousand Pesos (Php 29,282,000.00), Exclusive of VAT and other taxes .

1.1(k) The Project Site is:

SUBIC BAY METROPOLITAN AUTHORITY MAINTENANCE AND TRANSPORTATION DEPARTMENT (MTD)

Transporta�on Bldg., Canal Road, Subic Bay Freeport Zone


5.1 The Procuring En�ty’s address for No�ces is:

SUBIC BAY METROPOLITAN AUTHORITY (SBMA) ATTY. MICHAEL M. QUINTOS

Chairman, Bids and Awards Commi�ee for Goods and Services Rm. 201, Bldg. 255, Barryman Road

Subic Bay Freeport Zone Tel. No. (047) 252-4230

Fax Nos. (047) 252-4284/4251

The Supplier’s address for No�ces is: ______________________________________ _______________________________________

6.3 Delivery and Documents –

The delivery terms applicable to this Contract are delivered to SBMA Procurement and Property Management Department, Receiving Sec�on, Bldg. 709, Quezon Rd., Subic Bay Freeport Zone . Risk and �tle will pass from the Supplier to the

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Procuring En�ty upon receipt and final acceptance of the Goods at their final des�na�on.”

Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in

Sec�on VI. Schedule of Requirements. The details of shipping and/or other documents to be furnished by the Supplier are as follows:

Upon delivery of the Goods to the Project Site, the Supplier shall no�fy the Procuring En�ty and present the following documents to the Procuring En�ty:

(i) Original and four copies of the Supplier’s invoice showing Goods’ descrip�on, quan�ty, unit price, and total amount;

(ii) Original and four copies delivery receipt/note, railway receipt, or truck receipt;

(iii) Original Supplier’s factory inspec�on report;

(iv) Original and four copies of the Manufacturer’s and/or Supplier’s warranty cer�ficate;

(v) Original and four copies of the cer�ficate of origin (for imported Goods);

(vi) Delivery receipt detailing number and descrip�on of items received signed by the authorized receiving personnel;

(vii) Cer�ficate of Acceptance/Inspec�on Report signed by the Procuring En�ty’s representa�ve at the Project Site; and

(viii) Four copies of the Invoice Receipt for Property signed by the Procuring En�ty’s representa�ve at the Project Site.

For purposes of this Clause the Procuring En�ty’s Representa�ve at the Project Site is:

CARLITO C. CRUZ Department Manager

Maintenance and Transporta�on Department Subic Bay Metropolitan Authority (SBMA)

Building 275, Aguinaldo Street, Subic Bay Freeport Zone Tel. Nos. (047) 252-4111 / 4876

1. OBJECTIVES

The Subic Bay Metropolitan Authority (SBMA) aims to grow the Freeport to be environmentally sustainable community where locators are ahead of their compe�tors and our stakeholders enjoy the highest quality of life. The Law Enforcement Department (LED) is tasked to perform law enforcement, physical security and inves�ga�ve func�on within the confines of the Subic Bay Freeport Zone. Law Enforcers has a vital role in public service by responding to incidents, deterring and preven�ng crimes.

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Thus, procurement of patrol cars is necessary in crime preven�on, criminal apprehension, law enforcement, order maintenance, public services, and traffic enforcement. The Public Health and Safety Department (PHSD) has a vital role in public service by responding to incidents and saving lives. Under Budget Circular No. 2017- 1 en�tled Revised Guidelines on the acquisi�on and use of government motor vehicles. The Deputy Administrator for Public Health and Safety Department intend to exercise his privilege on the acquisi�on and use of government motor vehicle in order to perform his execu�ve func�ons. Moreover, it is understood that the acquisi�on of the said motor vehicles shall be used for the transport of personnel, equipment, supplies, product and materials for the intended users.

2. SCOPE OF WORK

The scope of work shall be but not limited to the following:

2.1 For lot 1 the bidder must supply and deliver Ten (10) brand new four-door (sedan or hatchback) patrol cars with an engine displacement not exceeding 1600 cc for gasoline or diesel including accessories to Subic Bay Metropolitan Authority (SBMA) for the Law Enforcement Department (LED) service vehicle. The unit must be a four-wheel enclosed automobile having four (4) side doors. It can accommodate four (4) to five Passengers, including the driver, on two (2) rows of seats. A common configura�on includes a split front seat and a rear bench seat. The passenger cabin is separate from the limited luggage compartment or trunk located at the rear. Required accessories for the intended patrol cars must be properly installed and opera�ng for its purpose.

2.2 For lot 2 t he bidder must supply and deliver One (1) brand new unit AUV / Crossover U�lity Vehicle to Subic Bay Metropolitan Authority for the Deputy Administrator for Public Health and Safety Department intend to exercise his privilege on the acquisi�on and use of government motor vehicle in order to perform his execu�ve func�ons. The unit must be a four – wheel enclosed vehicle having dual side doors and a fi�h rear door or li�-up tailgate. It has a maximum sea�ng capacity of 10 passengers, including driver, with its two (2) rows of front seats and foldable rear seats.

The CUV has the cargo and passenger carrying space of an AUV, the aerodynamics and sleekness of a car, and the rugged looks and feel of a sport u�lity vehicle. The engine displacement shall not be exceeding 2800 cc but not lower than 2400 cc for diesel-fed and not exceeding four (4) stroke cylinder.

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2.3 For lot 3 the bidder must supply and deliver a Six (6) brand new unit pick-up with a four (4) wheel compact truck with a low-sided open cargo hauler, and a passenger cab (regular/single or extended/crew cab type) accommoda�ng two (2) to six (6) passengers on split and /or bench seats with two (2) or four (4) side doors. A pick-up truck is designed to carry both passengers and cargoes. The unit will be used to transport personnel, equipment, supplies, product and material. It’s intended use for heavy field in rural areas with generally rugged road condi�on, mountainous and rugged terrain. The engine displacement not exceeding 2500 cc, if gasoline-fed or 3000 cc if diesel-fed and not exceeding four (4) cylinder.

3. TECHNICAL SPECIFICATIONS: 3.1 For lot 1:

the Patrol Cars with complete accessories must complies with the following minimum requirements unless specified:

A. VEHICLE SPECIFICATION:

1. ENGINE i. Type : 4-Cylinder -In-Line DOHC,16 Valve ii. Fuel : Gasoline

iii. Engine Displacement : 1,600 cc Maximum but not lower than 1,500 cc

iv. Fuel Delivery System : Fuel Injec�on v. Exhaust Emission Standard : Euro IV Compliance

vi. Fuel Tank Capacity : 50 Liter Minimum

B. TRANSMISSION TYPE : Automa�c Transmission C. SUSPENSION SYSTEM : Manufacturer’s Standard D. WHEELS : Aluminum Alloy with 16

inches rim diameter with Spare Tire

E. TIRES : 205/55 R 16 F. BRAKE

1. Front : Ven�lated Disc 2. Rear : Solid Disc

G. STEERING SYSTEM : Le� Hand Drive, Power Assisted Steering

H. ELECTRICAL SYSTEM : Manufacturer’s Standard I. BODY AND FRAME : Manufacturer’s Standard J. AIR-CONDITIONING SYSTEM : Automa�c Climate Control K. AUDIO SYSTEM : Manufacturer’s Standard

Integrated type L. COLOR OF THE UNIT : White M. ANTI-CORROSION/RUST PROOFING : Manufacturer’s Standard

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N. SAFETY AND SECURITY 1. An�-Lock Security System(ABS) : Electronic Brake Force

Distribu�on (EBD) 2. Seatbelts : Manufacturer’s Standard 3. Airbag : Manufacturer’s Standard

O. OTHER FEATURES

1. Power Window : Manufacturer’s Standard 2. Power Door Locks : Manufacturer’s Standard 3. Vehicle Security System : Manufacturer’s Standard 4. Seats : Manufacturer’s Standard

P. INCLUSIONS

1. Three (3) years or 100,000 km whichever comes First Warranty (Unit Warranty).

2. Free Labor on First 1,000 and 5,000 kilometer check-up, 1 liter of oil and product umbrella.

3. The following shall be submi�ed any�me within the specified delivery schedule (See Item VIII):

i. Three (3) years LTO Registra�on together with the installa�on of a Red Plate.

ii. Official Receipt and Cer�ficate of Registra�on (OR/CR). It shall be registered under the name of End User Agency.

iii. Third Party Liability (TPL) Insurance. iv. One (1) year GSIS Comprehensive Insurance with Acts of

GOD. 4. Complete Manufacturer’s Standard Tools (pliers, flat and round

screw driver, adjustable Wrench and combina�on wrench size 8/10”,11/12”. 13/14”, standard issue jack, �re wrench and LTO approved Early Warning Device (EWD)).

5. Inclusive of FREE �nt (visor cut) installa�on, Seat Covers and Genuine Floor mats, 10 liter of fuel.

6. Owner’s Opera�on Manual and Service Manual 7. Parts Catalogue (2 Sets binded) 8. The date of implementa�on of the warranty will commence upon

the issuance of Cer�ficate of Acceptance by the Expense Account Manager (EAM) and PPMD authorized signatories.

9. The Bidder must provide transfer of knowledge / training for the proper usage, preven�ve maintenance and minor diagnos�c procedures of the offered brand of vehicle to the authorized personnel any�me within the specified delivery schedule (see Item VIII).

Q. ACCESSORIES (One (1) Set per Vehicle Unit) 1. LIGHTBAR (Code Lights and Siren)

All LED (Light-Emi�ng Diode) Strobes Light bar with Front Takedown, Le� and Right Alley Lights, Switches, Electronic Siren and Horn Speaker Dome Color: Red and Blue with Mul�-flash Pa�ern Dimension (L x W x D): At Least 45” x 12” x 2.5” Alley Lights (Le� & Right): Two (2) Steady Burn Takedown Lights (Front): Two (2) Steady Burn

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Light Switch: All fused circuitry, complete control of up to 7 Func�ons Voltage: 11-14 Volts (DC) Moun�ng Kit: Hook kit for all types of vehicles Electronic Siren: 58/100/200 Wa�s capacity, includes wired-in standard siren tones (Wail, Yelp, Hi-Lo) plus air horn and built-in radio rebroadcast wire, microphone’s push-to-talk switch that will override any siren tone for instant PA use Speaker: 100Wa�s, 11 Ohms Front grill moun�ng Approvals: SAE J845 Class 1, SAE J595 Class 1, CA T13 Class B compliant Meets SAE J1849 requirements for sound output Warranty: Minimum of One (1) Year

2. BASE RADIO UNIT (DIGITAL) Brand : MOTOROLA Model : Latest Model Frequency : 800 Mhz Accessories : Moun�ng Bracket, Palm Microphone Warranty: Minimum of One (1) Year NOTE: Must be compa�ble with the exis�ng MOTOROLA Trunking Smartnet Privacy Plus II

3. CAMERA, DASHBOARD WITH MONITOR Specifica�on : Professional / Industrial Dash Camera Type : Two (2) Channels / Dual Camera Resolu�on: Viewing Angle: At least 120° Degree angle Storage (SD High Capacity : At least 64 GB built for 24/7 con�nuous recording Opera�ng Voltage: 12VDC – 24VDC Heat Resistance: Up to 70° Degree Celsius or be�er Cable: UL cer�fied cables GPS: Must have buit-in-GPS and Antenna Warranty: Minimum of One (1) Years

4. ADDITIONAL REQUIREMENT FOR THE ACCESSORIES:

i. Camera, Dashboard with Monitor

a. Must be fully upgradable. b. Must be capable of capturing videos in low light condi�ons

(Night Vision). c. With at least three (3) inches touch screen monitor. d. Must be equipped with G sensor. e. A 24/7 non-stop recording (even when the vehicle is parked

and the engine is turned off). ii. Base Radio Unit (DIGITAL)

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a. Must be compa�ble with the exis�ng MOTOROLA Trunking Smartnet Privacy Plus II

iii. Transfer of knowledge / training for authorized personnel on the proper usage, maintenance and minor trouble shoo�ng of the accessories installed.

iv. Prin�ng and Installa�on of Body S�cker (must be for all weather Automo�ve Body S�cker material). The layout design must be compa�ble or equal to the exis�ng design of patrol vehicle of the Law Enforcement department (LED). Must have at least six(6) months warranty on color defect/dis-coloriza�on.

3.2 For Lot 2: The Asian U�lity Vehicle (AUV) or Cross U�lity Vehicle (CUV) must complies with the following minimum requirements unless specified:

A. VEHICLE SPECIFICATION: 1. ENGINE

i. Type : 4-Cylinder -In-Line DOHC,16 Valve

ii. Fuel : Diesel iii. Engine Displacement : 2,800 cc Maximum but not

lower than 2,400 cc iv. Fuel Delivery System : Common Rail Direct

Injec�on(CRDI) v. Exhaust Emission Standard : Euro IV Compliance


B. TRANSMISSION TYPE : Automa�c Transmission C. SUSPENSION SYSTEM : Manufacturer’s Standard D. WHEELS : Aluminum Alloy with 16

inches rim diameter with Spare Tire

E. TIRES : 205/65 R 16 F. BRAKE : Automa�c Transmission G. STEERING SYSTEM : Le� Hand Drive, Power

Assisted Steering H. ELECTRICAL SYSTEM : Manufacturer’s Standard I. BODY AND FRAME : Manufacturer’s Standard J. AIR-CONDITIONING SYSTEM : Automa�c Climate Control K. AUDIO SYSTEM : Manufacturer’s Standard

Integrated type Six (6) speakers L. COLOR OF THE UNIT : White M. ANTI-CORROSION/RUST PROOFING : Manufacturer’s Standard N. SAFETY AND SECURITY

1. An�-Lock Security System(ABS) : Electronic Brake Force Distribu�on (EBD)

2. Seatbelts : Manufacturer’s Standard 3. Airbag : Manufacturer’s Standard

O. INCLUSIONS

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iii. Third Party Liability (TPL) Insurance. iv. One (1) year GSIS Comprehensive Insurance with Acts of

GOD. 4. Complete Manufacturer’s Standard Tools (pliers, flat and round

screw driver, adjustable Wrench and combina�on wrench size 8/10”,11/12”. 13/14”, standard issue jack, �re wrench and LTO approved Early Warning Device (EWD)).


6. Owner’s Opera�on Manual and Service Manual 7. Parts Catalogue (2 Sets binded) 8. The date of implementa�on of the warranty will commence upon

the issuance of Cer�ficate of Acceptance by the Expense Account Manager (EAM) and PPMD authorized signatories.


3.3 For lot 3:

The Pick-upmust complies with the following minimum requirements unless specified:


i. Type : In-line 4cylinder,16 valve DHOC, Turbo intercooler

ii. Fuel : Diesel iii. Engine Displacement : 3,000 cc Maximum but not

lower than 2,800 cc iv. Fuel Delivery System : Fuel Injec�on v. Exhaust Emission Standard : Euro IV Compliance


B. TRANSMISSION TYPE : 6 speed Automa�c Transmission

C. SUSPENSION SYSTEM : Manufacturer’s Standard D. WHEELS : Manufacturer’s Standard

E. TIRES : Manufacturer’s Standard

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F. BRAKE 1. Front : Ven�lated Disc 2. Rear : Solid Disc

G. STEERING SYSTEM : Le� Hand Drive, Power Assisted Steering

H. ELECTRICAL SYSTEM : Manufacturer’s Standard I. BODY AND FRAME : Manufacturer’s Standard J. AIR-CONDITIONING SYSTEM : Automa�c Climate Control K. AUDIO SYSTEM : Manufacturer’s Standard

Integrated type L. COLOR OF THE UNIT : White M. ANTI-CORROSION/RUST PROOFING : Manufacturer’s Standard N. SAFETY AND SECURITY

1. An�-Lock Security System(ABS) : Manufacturer’s Standard 2. Seatbelts : Manufacturer’s Standard 3. Airbag : Manufacturer’s Standard

O. OTHER FEATURES

1. Power Window : Manufacturer’s Standard 2. Power Door Locks : Manufacturer’s Standard 3. Vehicle Security System : Manufacturer’s Standard 4. Seats : Manufacturer’s Standard

P. INCLUSIONS



3. The following shall be submi�ed any�me within the specified delivery schedule (See Item VIII): i. Three (3) years LTO Registra�on together with the installa�on

of a Red Plate. ii. Official Receipt and Cer�ficate of Registra�on (OR/CR). It shall

be registered under the name of End User Agency. iii. Third Party Liability (TPL) Insurance. iv. One (1) year GSIS Comprehensive Insurance with Acts of

GOD. 4. Complete Manufacturer’s Standard Tools (pliers, flat and

round screw driver, adjustable Wrench and combina�on wrench size 8/10”,11/12”. 13/14”, standard issue jack, �re wrench and LTO approved Early Warning Device (EWD)).


6. Owner’s Opera�on Manual and Service Manual 7. Parts Catalogue (2 Sets binded) 8. The date of implementa�on of the warranty will commence

upon the issuance of Cer�ficate of Acceptance by the Expense Account Manager (EAM) and PPMD authorized signatories.

9. The Bidder must provide transfer of knowledge / training for the proper usage, preven�ve maintenance and minor

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diagnos�c procedures of the offered brand of vehicle to the authorized personnel any�me within the specified delivery schedule (see Item VIII).

4. QUALIFICATIONS

The bidder must provide proof that the Brand of the Motor Vehicle being offered has been con�nuously in the Philippine Market for more than Twenty (20) years before the submission and receipts of bids and the Motor Vehicle to be supplied is brand new and the latest model. They should have at least three (3) Authorized Service Center of brand being offered with-in region III. For this purpose, an ̎Authorized Service Center ̎ is capable of providing complete services and genuine spare parts in accordance with industry standard, for vehicle in their loca�on. The Authorized Service Center of the motor being offered must have been opera�onal for at least five (5) years prior to the Opening of Bids.

5. RESPONSIBILITY OF THE BIDDER 1. The bidder must provide a Cer�ficate of Authorized Dealership. 2. The bidder must provide a Brochure of the Motor Vehicle being offered. 3. The bidder must submit at least three (3) list of company’s

(manufacturer’s) Authorized Service Centers of the brand being offered with-in Region III including proof of existence and its loca�on. A cer�fica�on must be provided that the exis�ng three (3) Service Center can provide a�er sale services support for the offered unit.

4. The bidder must provide a cer�fica�on of Spare Parts Availability in the Philippines for the next five (5) years a�er end-of-produc�on issued by the manufacturer or authorized dealer.

5. The bidder must submit a cer�fica�on of no adverse feedback as to performance and availability of spare parts from end-users of the motor vehicles being offered for the last five years.

6. The bidder must submit a cer�fica�on that the Service Level Agreement shall include the maximum turn-around �me of seven (7) calendar days for vehicle repair and maintenance.

7. Affidavit a�es�ng that the principal/manufacturer has been in the automo�ve manufacturing business in the Philippines for more than Twenty (20) years.

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6. DELIVERY, STORAGE AND HANDLING

The units should be delivered on its final des�na�on with-out damage and all accessories are func�oning appropriately. Any defects during inspec�on of the unit vehicle will not be accepted.

7. PROJECT DURATION

The total quan�ty of service vehicle units including accessories must be delivered on site / final des�na�on within Ninety (90) Calendar Days upon receipt of the No�ce to Proceed (NTP).

8. RESERVATION CLAUSE

The selec�on of the contractor shall follow the procedures for the procurement of Goods and Services under Republic Act (RA) 9184 or the Government Procurement Reform Act.

10.4 Not applicable

10.5 Payment using LC is not allowed.

11.3 No advanced payment.

13.4(c) No further instruc�ons .

16.1 The inspec�ons and tests that will be conducted shall be in accordance with Sec�on VII. Technical Specifica�ons.

17.3 To assure that manufacturing defects due to faulty materials and workmanship shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period of One (1) year , a�er acceptance of the delivery by the Procuring En�ty.

The Supplier’s one-year warranty shall be covered by, at the Supplier’s op�on, either reten�on money in an amount equivalent to at least five percent (5%) of every progress payment, or a special bank guarantee equivalent to at least five percent (5%) of the Contract Price. The said amounts shall only be released a�er the lapse of the one (1) - year warranty period, provided, however, that the Supplies delivered are free from patent and latent defects and all the condi�ons imposed under this Contract have been fully met.

17.4 The period for correc�on of defects in the warranty period is fi�een (15) calendar days .

21.1 All partners to the joint venture shall be jointly and severally liable to the Procuring En�ty.

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Sec�on VI. Schedule of Requirements The delivery schedule expressed as weeks/months s�pulates herea�er a delivery date which is the date of delivery to the project site.

Lot Number

Descrip�on Quan�ty Total Delivered, Weeks/Months

1 Supply and Delivery of Ten (10) Units Light Vehicles,

Patrol Car (With Complete Accessories)

10

UN

NOT LATER THAN NINETY (90) CALENDAR

DAYS FROM THE EFFECTIVE DATE

INDICATED IN THE NOTICE TO PROCEED

2 Supply and Delivery of One (1) Unit AUV / Crossover

U�lity Vehicle

1 UN


6 UN

***NOTHING FOLLOWS*** I hereby cer�fy to comply and deliver all the above requirements in accordance with the above stated schedule.

[Signature over Printed Name] [in the capacity of/Posi�on/Designa�on] Duly authorized to sign Bid for and on behalf of ____________________________ [Bidder’s Company Name]

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Sec�on VII. Technical Specifica�ons LOT Specifica�on Statement of Compliance

Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each Specifica�on sta�ng the corresponding performance parameter of the equipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in a Bidder’s Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturer’s un-amended sales literature, uncondi�onal statements of specifica�on and compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evalua�on liable for rejec�on. A statement either in the Bidders statement of compliance or the suppor�ng evidence that is found to be false either during Bid evalua�on, post-qualifica�on or the execu�on of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecu�on subject to the provisions of ITB Clause 3.1(a)(ii) and/or GCC Clause 2.1(a)(ii) .

State “COMPLY” / “NOT COMPLY”

and indicate brand/descrip�on

/remarks

Please cross-refer to page/tab/ index

no. of a�ached printed (and CD

format, if applicable) literatures:

Lot No.

Qty. U/I Item Descrip�on

1 10 UN LIGHT VEHICLES, PATROL CAR (WITH COMPLETE ACCESSORIES)


1. ENGINE i. Type

: 4-Cylinder -In-Line DOHC,16 Valve ii. Fuel

: Gasoline iii. Engine Displacement

: 1,600 cc Maximum but not lower than 1,500cc

iv. Fuel Delivery System : Fuel Injec�on

v. Exhaust Emission Standard : Euro IV Compliance

vi. Fuel Tank Capacity

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: 50 Liter Minimum

B. TRANSMISSION TYPE

: Automa�c Transmission C. SUSPENSION SYSTEM

: Manufacturer’s Standard D. WHEELS

: Aluminum Alloy with 16 inches rim diameter with Spare Tire

E. TIRES : 205/55 R 16

F. BRAKE 1. Front

: Ven�lated Disc 2. Rear

: Solid Disc G. STEERING SYSTEM

: Le� Hand Drive, Power Assisted Steering

H. ELECTRICAL SYSTEM : Manufacturer’s Standard

I. BODY AND FRAME : Manufacturer’s Standard

J. AIR-CONDITIONING SYSTEM : Automa�c Climate Control

K. AUDIO SYSTEM : Manufacturer’s Standard Integrated type

L. COLOR OF THE UNIT : White

M. ANTI-CORROSION/RUST PROOFING : Manufacturer’s Standard

N. SAFETY AND SECURITY 1. An�-Lock Security System (ABS)

: Electronic Brake Force Distribu�on (EBD)

2. Seatbelts : Manufacturer’s Standard

3. Airbag : Manufacturer’s Standard

O. OTHER FEATURES

1. Power Window : Manufacturer’s Standard

2. Power Door Locks : Manufacturer’s Standard

3. Vehicle Security System : Manufacturer’s Standard

4. Seats : Manufacturer’s Standard

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P. INCLUSIONS


2. Free Labor on First 1,000 and

5,000 kilometer check-up, 1 liter of oil and product umbrella.




iii. Third Party Liability (TPL) Insurance.

iv. One (1) year GSIS Comprehensive Insurance with Acts of GOD.

1. Complete Manufacturer’s Standard Tools (pliers, flat and round screw driver, adjustable Wrench and combina�on wrench and LTO approved Early Warning Device (EWD).

4. Inclusive of FREE �nt (visor cut) installa�on, Seat Covers and

Genuine Floor mats, 10 liter of fuel. 5. Owner’s Opera�on Manual and

Service Manual 6. Parts Catalogue (2 Sets binded) 7. The date of implementa�on of the

warranty will commence upon the issuance of Cer�ficate of Acceptance by the Expense Account Manager (EAM) and PPMD authorized signatories.


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Q. ACCESSORIES (One (1) Set per Vehicle Unit)

1. LIGHTBAR (Code Lights and Siren) All LED (Light-Emi�ng Diode) Strobes Light bar with Front Takedown, Le� and Right Alley Lights, Switches, Electronic Siren and Horn Speaker Dome Color: Red and Blue with Mul�-flash Pa�ern Dimension (L x W x D): At Least 45” x 12” x 2.5” Alley Lights (Le� & Right): Two (2) Steady Burn Takedown Lights (Front): Two (2) Steady Burn Light Switch: All fused circuitry, complete control of up to 7 Func�ons Voltage: 11-14 Volts (DC) Moun�ng Kit: Hook kit for all types of vehicles Electronic Siren: 58/100/200 Wa�s capacity, includes wired-in standard siren tones (Wail, Yelp, Hi-Lo) plus air horn and built-in radio rebroadcast wire, microphone’s push- to-talk switch that will override any siren tone for instant PA use Speaker: 100Wa�s, 11 Ohms Front grill moun�ng

Approvals: SAE J845 Class 1, SAE J595 Class 1, CA T13 Class B compliant Meets SAE J1849 requirements for sound output Warranty: Minimum of One (1) Year

2. BASE RADIO UNIT (DIGITAL)

Brand : MOTOROLA Model: Latest Model Frequency: 800 Mhz Accessories: Moun�ng Bracket, Palm Microphone Warranty: Minimum of One (1) Year

NOTE: Must be compa�ble with MOTOROLA Trunking Smartnet Privacy Plus II

3. CAMERA, DASHBOARD WITH

MONITOR

Specifica�on: Professional / Industrial Dash Camera Type: Two (2) Channels / Dual Camera Resolu�on: Viewing Angle: At least 120° Degree Angle Storage (SD High Capacity: At

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least 64 GB built for 24/7 con�nuous recording Opera�ng Voltage: 12VDC – 24VDC Heat Resistance: Up to 70° Degree Celsius or be�er Cable: UL cer�fied cables GPS: Must have buit-in-GPS and Antenna Warranty: Minimum of Two (2) Years

4. ADDITIONAL REQUIREMENT FOR

THE ACCESSORIES:

i. Camera, Dashboard with Monitor a. Must be fully upgradable. b. Must be capable of

capturing videos in low light condi�ons (Night Vision).

c. With at least three (3) inches touch screen monitor.

d. Must be equipped with G sensor.

e. A 24/7 non-stop recording (even when the vehicle is parked and the engine is turned off).

ii. Base Radio Unit (DIGITAL) a. Must be compa�ble with

MOTOROLA Trunking Smartnet Privacy Plus II

iii. Transfer of knowledge / training for authorized personnel on the proper usage, maintenance and minor trouble shoo�ng of the accessories installed.

5. Prin�ng and Installa�on of Body

S�cker. The layout design must be compa�ble or equal to the exis�ng design of patrol vehicle of the Law Enforcement Department (LED).

2 1 UN AUV / CROSSOVER UTILITY VEHICLE


i. Type : 4-Cylinder -In-Line DOHC,16 Valve

ii. Fuel : Diesel iii. Engine Displacement

: 2,800 cc Maximum but not lower than 2,400 cc

iv. Fuel Delivery System : Common Rail Direct Injec�on (CRDI)

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v. Exhaust Emission Standard

: Euro IV Compliance vi. Fuel Tank Capacity

: 50 Liter Minimum

B. TRANSMISSION TYPE : Automa�c Transmission

C. SUSPENSION SYSTEM : Manufacturer’s Standard

D. WHEELS : Aluminum Alloy with 16 inches rim diameter with Spare Tire

E. TIRES : 205/65 R 16

F. BRAKE : Automa�c Transmission

G. STEERING SYSTEM : Le� Hand Drive, Power

Assisted Steering H. ELECTRICAL SYSTEM

: Manufacturer’s Standard I. BODY AND FRAME

: Manufacturer’s Standard J. AIR-CONDITIONING SYSTEM

: Automa�c Climate Control K. AUDIO SYSTEM

: Manufacturer’s Standard Integrated type Six (6) speakers L. COLOR OF THE UNIT

: White M. ANTI-CORROSION/RUST PROOFING

: Manufacturer’s Standard N. SAFETY AND SECURITY

1. An�-Lock Security System(ABS) : Electronic Brake Force

Distribu�on (EBD) 2. Seatbelts

: Manufacturer’s Standard 3. Airbag

: Manufacturer’s Standard

O. OTHER FEATURES

P. INCLUSIONS




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i. Three (3) years LTO Registra�on

together with the installa�on of a Red Plate.




5. Complete Manufacturer’s Standard Tools (pliers, flat and round screw driver, adjustable wrench and combina�on wrench size 8/10”,11/12”. 13/14”, standard issue jack, �re wrench and LTO approved Early Warning Device (EWD).

6. Inclusive of FREE �nt (visor cut) installa�on, Seat Covers and

Genuine Floor mats, 10 liter of fuel. 7. Owner’s Opera�on Manual and

Service Manual. 8. Parts Catalogue (two (2) sets

binded) 9. The date of implementa�on of the

warranty will commence upon the issuance of Cer�ficate of acceptance by the Expense Account Manager (EAM) and PPMD authorized signatories.

10. The Bidder must provide transfer of knowledge / training for the

proper usage, preven�ve maintenance and minor

diagnos�c procedures of the offered brand of vehicle to the authorized personnel any�me within the specified delivery schedule (see Item VIII).

3 6 UN Supply and Delivery of Six (6) Units Pick-up Truck 4 X 4, Double-Cab, 5-Passenger


1. ENGINE i. Type

: In-line 4cylinder,16 valve DHOC, Turbo intercooler

ii. Fuel : Diesel

iii. Engine Displacement : 3,000 cc Maximum but not

lower than 2,800 cc;

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iv. Fuel Delivery System

: Fuel Injec�on v. Exhaust Emission Standard

: Euro IV Compliance vi. Fuel Tank Capacity

: 50 Liter Minimum B. TRANSMISSION TYPE

: 6 speed Automa�c Transmission

C. SUSPENSION SYSTEM : Manufacturer’s Standard

D. WHEELS : Manufacturer’s Standard

E. TIRES : Manufacturer’s Standard

F. BRAKE 1. Front

: Ven�lated Disc 2. Rear

: Solid Disc

G. STEERING SYSTEM : Le� Hand Drive, Power

Assisted Steering H. ELECTRICAL SYSTEM

: Manufacturer’s Standard I. BODY AND FRAME

: Manufacturer’s Standard J. AIR-CONDITIONING SYSTEM

: Automa�c Climate Control K. AUDIO SYSTEM

: Manufacturer’s Standard Integrated type L. COLOR OF THE UNIT

: White M. ANTI-CORROSION/RUST PROOFING

: Manufacturer’s Standard N. SAFETY AND SECURITY

1. An�-Lock Security System(ABS) : Manufacturer’s Standard

2. Seatbelts : Manufacturer’s Standard

3. Airbag : Manufacturer’s Standard

O. OTHER FEATURES 1. Power Window

: Manufacturer’s Standard 2. Power Door Locks

: Manufacturer’s Standard 3. Vehicle Security System

: Manufacturer’s Standard 4. Seats

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: Manufacturer’s Standard

P. INCLUSIONS








4. Complete Manufacturer’s Standard Tools (pliers, flat and round screw driver, adjustable Wrench and combina�on wrench size 8/10”,11/12”. 13/14”, standard issue jack, �re wrench and LTO approved Early Warning Device (EWD).


6. Owner’s Opera�on Manual and Service Manual

7. Parts Catalogue (2 Sets binded) 8. The date of implementa�on of the

warranty will commence upon the issuance of Cer�ficate of Acceptance by the Expense Account Manager (EAM) and PPMD authorized signatories.


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I hereby cer�fy that the statement of compliance to the foregoing technical specifica�ons as well as concurrence to the en�rety of the Terms of Reference (TOR, if applicable) are true and correct, otherwise, if found to be false either during bid evalua�on or post-qualifica�on, the same shall give rise to automa�c disqualifica�on of our bid.

[Signature over Printed Name] [in the capacity of/Posi�on/Designa�on] Duly authorized to sign Bid for and on behalf of ____________________________ [Bidder’s Company Name] N.B. Please a�ach suppor�ng documents. [Bidder’s Company Name] B. Pleasea�ach suppor�ng documents.

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Sec�on VIII. Bidding Forms

TABLE OF CONTENTS

B ID F ORM 83

B ILL OF Q UANTITIES 85

F OR G OODS O FFERED F ROM A BROAD 86

F OR G OODS O FFERED F ROM W ITHIN THE P HILIPPINES 87

C ONTRACT A GREEMENT F ORM 88

O MNIBUS S WORN S TATEMENT 90

BANK GUARANTEE FORM FOR ADVANCE PAYMENT 93

B ID S ECURING D ECLARATION 94

STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT 96

STATEMENT OF ALL ONGOING GOVERNMENT AND PRIVATE CONTRACTS 97

JOINT VENTURE AGREEMENT 98

PROFORMA LETTER FOR WITHDRAWAL OF DOCUMENTS 103

NET FINANCIAL CONTRACTING CAPACITY COMPUTATION 104

AUTHORITY OF SIGNING OFFICIAL: CORPORATION 105

AUTHORITY OF SIGNING OFFICIAL: SOLE PROPRIETORSHIP 107

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BID FORM

Date: Invita�on to Bid No: SBMA-BAC-GOODS-ITB-20-20

To: Subic Bay Metropolitan Authority

Bldg. 229, Waterfront Rd. Subic Bay Freeport Zone 2222

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulle�n Numbers [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to SUPPLY AND DELIVERY OF VARIOUS VEHICLE in conformity with the said Bidding Documents for the sum of [total Bid amount in words and figures] exclusive of Value Added Tax (VAT) and other taxes or such other sums as may be ascertained in accordance with the Schedule of Prices a�ached herewith and made part of this Bid.

We further acknowledge that our failure to indicate that the aforemen�oned bid amount offered is exclusive of VAT and other taxes shall result to a presump�on that the bid amount being offered is inclusive of VAT and other taxes.

We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements.

If our Bid is accepted, we undertake to provide a performance security in the form, amounts, and within the �mes specified in the Bidding Documents.

We agree to abide by this Bid for the Bid Validity Period specified in BDS provision for ITB Clause 18.2 and it shall remain binding upon us and may be accepted at any �me before the expira�on of that period.

Commissions or gratui�es, if any, paid or to be paid by us to agents rela�ng to this Bid, and to contract execu�on if we are awarded the contract, are listed below: 1

Name and address of agent

Amount and Currency

Purpose of Commission or gratuity

(if none, state “None”)

1

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Un�l a formal Contract is prepared and executed, this Bid, together with your wri�en acceptance thereof and your No�ce 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 cer�fy/confirm that we comply with the eligibility requirements as per ITB Clause 5

of the Bidding Documents.

We likewise cer�fy/confirm that the undersigned, [for sole proprietorships, insert: as the owner and sole proprietor or authorized representa�ve of Name of Bidder , has the full power and authority to par�cipate, submit the bid, and to sign and execute the ensuing contract, on the la�er’s behalf for the SUPPLY AND DELIVERY OF VARIOUS VEHICLE of the Subic Bay Metropolitan Authority [for partnerships, corpora�ons, coopera�ves, or joint ventures, insert: is granted full power and authority by the Name of Bidder , to par�cipate, submit the bid, and to sign and execute the ensuing contract on the la�er’s behalf for SUPPLY AND DELIVERY OF VARIOUS VEHICLE of the Subic Bay Metropolitan Authority .

We acknowledge that failure to sign each and every page of this Bid Form, including the a�ached Schedule of Prices, shall be a ground for the rejec�on of our bid. Dated this ________________ day of ________________ 20______.

[signature] [in the capacity of] Duly authorized to sign Bid for and on behalf of ____________________________

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PUBLIC BIDDING FOR THE SUPPLY AND DELIVERY OFVARIOUS VEHICLE

SBMA-BAC-GOODS-ITB-20-20

BILL OF QUANTITIES

LOT NO.

DESCRIPTION QTY. U/I UNIT COST TOTAL COST

1 LIGHT VEHICLE, PATROL CARS WITH COMPLETE ACCESSORIES

10 UN

2 ASIAN UTILITY VEHICLE (AUV)/CROSSOVER UTILITY VEHICLE (CUV)

1 UN

3 PICK-UP TRUCK 4 X 4, DOUBLE CAB, 5-PASSENGER

6 UN

TOTAL BID

PROJECT COMPLETION : within Ninety (90) working days from the effective date indicated in the Notice to Proceed

PAYMENT TERMS : Thirty (30) calendar days after the complete delivery and acceptance of items/project.

BIDDER:____________________________________________________________________ ADDRESS:___________________________________________________________________ TIN:_____________________TELNOS.:_____________________FAX NOS.:_____________ AUTHORIZED REPRESENTATIVE :_________________ DESIGNATION :_________________ DATE:________________________________SIGNATURE :___________________________

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FOR GOODS OFFERED FROM ABROAD

Name of Bidder .Invita�on to Bid Number __ .Page of

.

1 2 3 4 5 6 7 8 9 Item Descrip�on Country

of origin Quan�ty Unit price CIF port of

entry (specify port) or CIP named place

(specify border point or place of des�na�on)

Total CIF or CIP price per

item (col. 4 x 5)

Unit Price Delivered Duty Unpaid (DDU)

Unit price Delivered Duty

Paid (DDP)

Total Price delivered DDP

(col 4 x 8)


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FOR GOODS OFFERED FROM WITHIN THE PHILIPPINES

Name of Bidder .Invita�on to Bid Number .Page of .

1 2 3 4 5 6 7 8 9 10 Item Descrip�on Country

of origin Quan�ty Unit price

EXW per item Transporta�on and Insurance and all other

costs incidental to delivery, per

item

Sales and other taxes payable if

Contract is awarded, per

item

Cost of Incidental Services, if

applicable, per item

Total Price, per unit

(col 5+6+7+8)

Total Price delivered Final

Des�na�on (col 9) x (col 4)

[signature] [in the capacity of] Duly authorized to sign Bid for and on behalf of ____________________________

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CONTRACT AGREEMENT FORM

THIS AGREEMENT made the _____ day of __________ 20_____ between SUBIC BAY METROPOLITAN AUTHORITY of the Philippines(hereina�er called “the En�ty”) of the one part and [name of Supplier] of [city and country of Supplier] (hereina�er called “the Supplier”) of the other part:

WHEREAS the En�ty invited Bids for certain goods and ancillary services, viz., [brief descrip�on 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] (hereina�er called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respec�vely assigned to them in the Condi�ons of Contract referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:

(a) theSupplier’sBid, including the Technical and Financial Proposals, and all other documents/statements submi�ed( e.g. bidder’s response to clarifica�ons on the bid), including correc�ons to the bid resul�ng from the Procuring En�ty’s bid evalua�on;

(b) the Schedule of Requirements; (c) the Technical Specifica�ons; (d) the General Condi�ons of Contract; (e) the Special Condi�ons of Contract; (f) the Performance Security; and (g) the En�ty’s No�ce of Award.

3. In considera�on of the payments to be made by the En�ty to the Supplier as hereina�er men�oned, the Supplier hereby covenants with the En�ty to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract 4. The En�ty hereby covenants to pay the Supplier in considera�on of the provision of the goods and services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the �me and in the manner prescribed by the contract.

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IN WITNESS whereof the par�es hereto 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 wri�en. Signed, sealed, delivered by the (for the En�ty) Signed, sealed, delivered by the (for the Supplier).

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OMNIBUS SWORN STATEMENT REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT

I, [Name of Affiant] , of legal age, [Civil Status] , [Na�onality] , and residing at [Address of Affiant] , a�er 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 representa�ve of [Name of Bidder] with office address at [address of Bidder] ; If a partnership, corpora�on, coopera�ve, or joint venture: I am the duly authorized and designated representa�ve 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 representa�ve of [Name of Bidder] , I have full power and authority to do, execute and perform any and all acts necessary to par�cipate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the Subic Bay Metropolitan Authority, as shown in the a�ached duly notarized Special Power of A�orney ; If a partnership, corpora�on, coopera�ve, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary to par�cipate, submit the bid, and to sign and execute the ensuing contrac�or [Name of the Project] of the Subic Bay Metropolitan Authority, as shown in the a�ached [state �tle of a�ached document showing proof of authoriza�on (e.g., duly notarized Secretary’s Cer�ficate, Board/Partnership Resolu�on, or Special Power of A�orney, 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, corpora�ons, or Local Government Units, foreign government/foreign or interna�onal financing ins�tu�on whose blacklis�ng rules have been recognized by the Government Procurement Policy Board;

4. Each of the documents submi�ed in sa�sfac�on of the bidding requirements is an authen�c copy of the original, complete, and all statements and informa�on provided therein are true and correct;

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5. [Name of Bidder] is authorizing the Head of the Procuring En�ty or its duly authorized

representa�ve(s) to verify all the documents submi�ed;

6. Select one, delete the rest: If a sole proprietorship: The owner or sole proprietor isnot related to the Head of the Procuring En�ty, members of the Bids and Awards Commi�ee (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 coopera�ve: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring En�ty, members of the Bids and Awards Commi�ee (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 corpora�on or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring En�ty, members of the Bids and Awards Commi�ee (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 exis�ng labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the following responsibili�es as a Bidder: a) Carefully examine all of the Bidding Documents;

b) Acknowledge all condi�ons, local or otherwise, affec�ng the implementa�on of

the Contract;

c) Made an es�mate of the facili�es available and needed for the contract to be bid, if any; and

d) Inquire or secure Supplemental/Bid Bulle�n(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 considera�on, pecuniary or otherwise, to any person or official, personnel or representa�ve of the government in rela�on to any procurement project or ac�vity.

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IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines.

_____________________________________ Bidder’s Representa�ve/Authorized Signatory

SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of execu�on], Philippines. Affiant/s is/are personally known to me and was/were iden�fied by me through competent evidence of iden�ty as defined in the 2004 Rules on Notarial Prac�ce (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government iden�fica�on card used], with his/her photograph and signature appearing thereon, with no. ________ and his/her Community Tax Cer�ficate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year] .

NAME OF NOTARY PUBLIC Serial No. of Commission _______________ Notary Public for _______ un�l __________ Roll of A�orneys No. __________________ PTR No. ______ [date issued], [place issued] IBP No. ______ [date issued], [place issued]

Doc. No. _____ Page No. _____ Book No. _____ Series of _____

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BANK GUARANTEE FORM FOR ADVANCE PAYMENT

To: Subic Bay Metropolitan Authority

Bldg. 229, Waterfront Rd. Subic Bay Freeport Zone 2222 [Project Name]

Gentlemen and/or Ladies: In accordance with the payment provision included in the Special Condi�ons of Contract, which amends Clause 10 of the General Condi�ons of Contract to provide for advance payment, [name and address of Supplier] (hereina�er called the “Supplier”) shall deposit with the SUBIC BAY METROPOLITAN AUTHORITYa bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words] . We, the [bank or financial ins�tu�on] , as instructed by the Supplier, agree uncondi�onally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the SUBIC BAY METROPOLITAN AUTHORITYon its first demand without whatsoever right of objec�on on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words] . We further agree that no change or addi�on to or other modifica�on of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the SUBIC BAY METROPOLITAN AUTHORITY and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive no�ce of any such change, addi�on, or modifica�on. This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract un�l [date] . Yours truly,

Signature and seal of the Guarantors

[name of bank or financial ins�tu�on]

[address]

[date]

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BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES) CITY OF _______________________) S.S. x------------------------------------------------------x

BID SECURING DECLARATION

Invita�on to Bid: [SBMA-BAC-GOODS-ITB-20-20]

To: Subic Bay Metropolitan Authority Bldg. 229, Waterfront Rd. Subic Bay Freeport Zone 2222 I/We 2 , the undersigned, declare that:

1. I/We understand that, according to your condi�ons, bids must be supported by a Bid Security, which may be in the form of a Bid-Securing Declara�on.

2. I/We accept that: (a) I/we will be automa�cally disqualified from bidding for

any contract with any procuring en�ty for a period of two (2) years upon receipt of your Blacklis�ng order; and, (b) I/we will pay the applicable fine provided under Sec�on 6 of the Guidelines on the Use of Bid Securing Declara�on, within fi�een (15) days from receipt of the wri�en demand by the procuring en�ty for the commission of acts resul�ng to the enforcement of the bid securing declara�on under Sec�ons 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of the IRR of RA 9184; without prejudice to other legal ac�on the government may undertake.

3. I/We understand that this BidSecuringDeclara�on shall cease to be valid on

the following circumstances:

(a) Upon expira�on 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 no�ce to such effect, and (i) I/we failed to �mely file a request for reconsidera�on or (ii) I/we filed a waiver to avail of said right;

2

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(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 execu�on] .

[Insert NAME OF BIDDER’S AUTHORIZED

REPRESENTATIVE] [Insert Signatory’s Legal Capacity]

Affiant



NAME OF NOTARY PUBLIC Serial No. of Commission _______________ Notary Public for _______ un�l __________ Roll of A�orneys No. __________________ PTR No. ______ [date issued], [place issued] IBP No. ______ [date issued], [place issued]

Doc. No. _____ Page No. _____ Book No. _____ Series of _____

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STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT WHICH IS SIMILAR IN NATURE

Business Name: ____________________________________________________________________________

(Indicate only one)

Business Name: ____________________________________________________________________________

Business Address: ________________________________________________________________________

Name of Client Date of the

Contract Kinds of Goods/

Services Amount of Contract

Date of Delivery

Date of End-user’s

Comple�on/ Acceptance or

Official Receipt

Instruc�ons: 1. Cut-off date is Submission/Opening of Bids ; 2. Similar contract shall refer to [insert similar project descrip�on] ; and 3. This statement must be supported with: a) Contract/Purchase Order (with No�ce to Proceed, if applicable); and b) Cer�ficate of Comple�on/Acceptance or Official Receipt.


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STATEMENT OF ALL ONGOING GOVERNMENT AND PRIVATE CONTRACTS INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED

Business Name: ____________________________________________________________________________

Business Address: ________________________________________________________________________

Name of Client Date of the

Contract Kinds of Goods/

Services

Value of Outstanding

Contracts

Actual/Es�mate d Date of Delivery

Government

Private

*Instruc�ons: a) State all ongoing contracts including those awarded but not yet started (government and private contracts which may be similar or not similar to the project called for bidding) as of Submission/Opening of Bids; b) If there is no ongoing contract including awarded but not yet started as of the aforemen�oned period, state none or equivalent term; c) The total amount of the ongoing and awarded but not yet started contracts should be consistent with those used in the Net Financial Contrac�ng Capacity (NFCC);


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JOINT VENTURE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS: This JOINT VENTURE AGREEMENT (hereina�er referred to as the “Agreement”), entered into this _____ day of ___________________ 20__ at _________________________________ City, Philippines by and among: _________________________________________, a domes�c corpora�on duly organized, registered and exis�ng under and by virtue of the laws of the Republic of the Philippines, with office address at ___________________________________________________________________________, represented by its ________________________, ________________________hereina�er referred to as “___________________________________”;

-and-

_________________________________________, a domes�c corpora�on duly organized, registered and exis�ng under and by virtue of the laws of the Republic of the Philippines, with office address at ___________________________________________________________________________, represented by its ________________________, ________________________hereina�er referred to as “___________________________________”;

-and-

_________________________________________, a foreign corpora�on duly organized, registered and exis�ng under and by virtue of the laws of _________________________________________with office address at ___________________________________________________________________________, represented by its ________________________, ________________________hereina�er referred to as “___________________________________”;

-and- (Henceforth collec�vely referred to as the “ Par�es ”

WITNESSETH: That WHEREAS , the Subic Bay Metropolitan Authority (SBMA) has recently published an Invita�on to Bid for the Supply and Delivery of _________________________________ for the _______________________; WHEREAS , the par�es have agreed to pool their resources together to form the “_________________________________ Joint Venture”, hereina�er referred to as the Joint Venture, under the laws of the Philippines, for the purpose of par�cipa�ng in the abovemen�oned procurement of SBMA; NOW, THEREFORE, for and in considera�on of the foregoing premises and the covenants hereto set forth, the Par�es have agreed as follows:

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ARTICLE I ORGANIZATION OF THE JOINT VENTURE

SECTION 1. Forma�on – The Par�es do hereby agree and bind themselves to establish, form and organize a Joint Venture pursuant to the laws of the Republic of the Philippines, in order for the JV to carry on the purposes and objec�ves for which it is created; SECTION 2. Name – The name and style under which the JV shall be conducted is “_________________________________”; SECTION 3. Principal Place of Business – The JV shall maintain its principal place of Business at ___________________________________________________________________________, SECTION 4. Prepara�on and Documenta�on – The Par�es shall secure and/or execute such cer�fica�ons, documents, deeds and instruments as may be required by the laws of the Republic of the Philippines for the realiza�on of the JV and in compliance with the Project. Further, they shall do all other acts and things requisite for the con�nua�on of the JV pursuant to applicable laws; SECTION 5. The Joint Venture shall be represented by the _________________________________ in all biddings, related procurement transac�ons and other official dealings that it shall enter into with SBMA and third par�es, such transac�ons to include, among others, the submission of eligibility documents, bids, registra�on documents obtaining bonds, performing the principal contract in the event that the contract is awarded in favour of the Joint Venture, receipt of payment for goods delivered, and similar and related ac�vi�es. SECTION 6. The period of the Joint Venture shall begin upon execu�on of this Agreement and shall con�nue un�l the complete performance of its contractual obliga�ons to SBMA, as described in Ar�cle II hereof, or upon its termina�on for material breach of any term or condi�on of this Agreement, by service of a wri�en statement in English on the other Party, not less than 90 days prior to the intended date termina�on.

ARTICLE II PURPOSE

SECTION 1. The primary purpose of the Joint Venture is to par�cipate in the public bidding to conducted by the SBMA Bids and Awards Commi�ee for the supply and delivery of ___________________________________________________________________________ . SECTION 2. If the above-described contract/s is/are awarded to the Joint Venture, the Joint Venture shall undertake the performance thereof to SBMA, and such other incidental ac�vi�es necessary for the comple�on of its contractual obliga�ons.

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ARTICLE III SOLDARY LIABILITY OF THE PARTIES

SECTION 1. In the performance of the contract/s that may be awarded to the Joint Venture by the SBMA, and all other related ac�vi�es/obliga�ons, as described in Ar�cle II hereof, the Par�es bind themselves jointly and solidarily, in the concept of solidarily debtors, subject to the right of reimbursement, as provided in the relevant provisions of the Civil Code of the Philippines.

ARTICLE IV CONTRIBUTION AND OTHER ARRANGEMENTS

SECTION 1. Contribu�on – The Par�es shall contribute the amount of ____________________________________________ (Php ______________) to support the financial requirements of the Joint Venture, in the following propor�on:

A. – Php _______________ B. – Php _______________ TOTAL Php _______________

Addi�onal Contribu�ons to the Joint Venture shall be made as may be required for contract implementa�on. In addi�on, _________________________________ shall contribute any labor and contract management requirements. SECTION 2. Profit Sharing – The share of the Par�es to the JV from any profit derived or obtained from the implementa�on and execu�on of the Project shall be distributed pro rata to each, in accordance with the contribu�on and resources each has provided to the JV; SECTION 3. Liquida�on and Distribu�ons – Any sum remaining a�er deduc�ng from the total of all moneys or benefits received for the performance of the contract, all costs incurred by the JV a�er award of the contract for the Project pursuant to the accoun�ng prac�ces established for the JV, shall be distributed in accordance with the rela�ve balances in the accounts of each Party pursuant to Sec. 1 of this Ar�cle upon comple�on, final accoun�ng, termina�on and liquida�on of the JV. In the event of liquida�on and termina�on of JV, and a�er taking into account the shares of the Par�es in all income, gain, deduc�ons, expenses, and losses, should the account of a Party contain a nega�ve balance, such Party shall contribute cash to the JV sufficient to restore the said balance to zero; SECTION 4. Sharing of Burden of a Net Loss – In case a net loss is incurred, addi�onal contribu�ons shall be made by the Par�es in accordance with their respec�ve shares.

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ARTICLE V MISCELLANEOUS PROVISIONS

SECTION 1. The provisions of the Instruc�ons to Bidders, Supplemental Bid Bulle�n, and other bidding documents issued by the SBMA in rela�on to the contract described in Ar�cle II hereof, shall be deemed incorporated in this Agreement and made an integral part thereof. SECTION 2. This Agreement shall be binding upon and inure to the benefit of the Par�es and their respec�ve successors and assigns. SECTION 3. The Par�es herein are duly represented by their authorized officers. SECTION 4. Governing Law – This Agreement shall be governed by and construed according to the laws of the Republic of the Philippines. Venue of any court ac�on arising fro this Agreement shall be exclusively laid before the proper court of the _____________________________________, Philippines. IN WITNESS WHEREOF, the par�es have set their hands and affixed their signatures on the date and place first above-stated.

_____________________________________ _____________________________________ _____________________________________

_____________________________________ _____________________________________ _____________________________________

Signed in the Presence of:

_____________________________________ _____________________________________

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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ________________) S.S. PROVINCE OF ( _______________________) in the case of Municipality

BEFORE ME, a Notary Public for and in the City/Municipality of ___________________________________________________________, Indicate also the Province in the case of Municipality

this ________ day of __________________ personally appeared the following: month and year

Name ID Name, Number and Validity Date

Known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledge to me that the same is their free and voluntary act and deed and that of the corpora�ons(s) they represent

This instrument refers to a Joint Venture Agreement consis�ng of ______ pages,

including the page on which this Acknowledgment is wri�en, and signed by the par�es and their instrumental witnesses.

WITNESS MY HAND AND NOTARIAL SEAL on the place and on the date first above

wri�en.

__________________________________ (Notary Public)

Un�l _________________ PTR No. _________________ Date _________________ Place _________________ TIN _________________ IBP _________________

Doc. No. ; Page No ; Book No. ; Series of 20____. Note: The competent evidence of iden�ty for Notary shall comply with Sec. 12 (a), Rule II of the 2004 Rules on Notarial Prac�ce. “Sec. 12. Competent Evidence of Iden�ty – The phrase “competent evidence of iden�ty” refers to the iden�fica�on of an individual based on at least one current iden�fica�on document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to, passport, driver’s license, Professional Regula�ons Commission ID, Na�onal Bureau of Inves�ga�on clearance, police clearance, postal ID, voter’s ID, Barangay cer�fica�on, Government Service and insurance System (GSIS) e-card, Social Security System (SSS) card, PhilHealth card, Senior Ci�zen card, Overseas Workers Welfare Administra�on (OWWA) ID, Overseas Filipino Worker (OFW ) ID, seaman’s book, alien cer�ficate of registra�on/immigrant cer�ficate of registra�on, government office ID, cer�fica�on from the Na�onal Council for the Welfare of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD) cer�fica�on.

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PROFORMA LETTER FOR WITHDRAWAL OF DOCUMENTS SUPPLIER’S LETTERHEAD

__________________ Date ATTY. MICHAEL M. QUINTOS Chairperson Bids and Awards Commi�ee Subic Bay Metropolitan Authority Subic Bay Freeport Zone Dear Sir: This has reference to Public Bidding No. SBMA-BAC-GOODS-ITB-20-20 for [SUPPLY AND DELIVERY OF VARIOUS VEHICLE ] . (Name of Company respec�ully requests for the following:

( ) Withdrawal of Bid Submissions ( ) Refund of Bid Security (A�ached is a photocopy of the SBMA Official Receipt)

It is understood that _________________________ waives its right to file any mo�on for reconsidera�on and/or protest in connec�on with the above-cited Public Bidding Project. Thank you. Very truly yours, __________________________________ Authorized Signatory for the Company

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NET FINANCIAL CONTRACTING CAPACITY (NFCC) COMPUTATION

A. CurrentAssets : Php ______________________ B. CurrentLiabilities : ______________________ C. Project Costs (1+2) : ______________________

1) Outstanding of Ongoing : ___________________ 2) To Be Started : ___________________

NFCC = Php______________________________ [(CurrentAssets* minus CurrentLiabilities**) x (15)] minus ProjectCosts***

*Current Assets = Item A **Current Liabilities = Item B ***[Project Costs = the value of all outstanding works or uncompleted portions of projects under ongoing contracts (Item C.1) including awarded contracts yet to be started coinciding with the contract for this Project (Item C.2 )].

Prepared by:

___________________________________ Authorized Company Representative

Certified Correct by:

___________________________________ Senior Company Officer/Proprietor

N.B. Must be based on the latest Audited Financial Statement filed with the BIR.

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AUTHORITY OF SIGNING OFFICIAL: CORPORATION

SECRETARY’S CERTIFICATE

I, ___________________________________ , of legal age, Filipino, with office address at ___________________________________ , (Name of theCorporateSecretary) (Complete Office Address) a�er having sworn in accordance with law, hereby depose and say as follows: 1. That I am the duly elected Corporate Secretary/Assistant Corporate Security of ________________________________________ (Name ofBidder) (hereina�er referred to as the “Bidder”, a corpora�on duly organized and exis�ng under and by virtue of the laws of the Republic of the Philippines, with principal office and place of business at ________________________________________ ;

(Complete Office Address) 2. That I am the custodian of the corporate books and records of the Bidder, including the Minutes and Resolu�ons of its Board of Directors; 3. That at the Regular/Special Mee�ng of the Board of Directors of the Bidder held on ___________________________, during which (Date) a quorum was present and acted throughout, the following resolu�on was unanimously approved:

(Resolu�on No. ______________) RESOLVED,that be, as it hereby is, authorized to (Name of Bidder) par�cipate in the bidding of _______________________________________________________________

(Project Name) by the Subic Bay Metropolitan Authority; and that if awarded the said Contract shall enter into a contract with the Subic Bay Metropolitan Authority; and in connec�on therewith hereby appoints

, ac�ng as the duly authorized and (Name of Bidder’s Representa�ve)

Designated representa�ve of and granted full power and authority to (Name of Bidder)

do, executeand perform any andall acts necessary and/ortorepresent __________________________________ (Name of Bidder)

in the said bidding as fully and effec�vely asthe __________________________________ (Name of Bidder) might do if personally present with full power of subs�tu�on and revoca�onandhereby sa�sfying and confirming all that my said representa�ve shall lawfully do or cause to be done by virtue hereof; RESOLVED FURTHER THAT, the Board hereby authorizes its ___________________________________ to:

1. execute a waiver of jurisdic�onwherebythe hereby submits (Name of Bidder)

itself to thejurisdic�onof the Philippine government and hereby waive sits right to ques�on the jurisdic�on of the Philippine courts;

2. execute a waiverthat the shall not seekand obtain writ (Name of Bidder)

ofinjunc�onsorprohibi�on or restraining order against the Subic Bay Metropolitan Authority or any other government agency in connec�on with this Contract to prevent and restrain the bidding procedures related hereto, the nego�a�ng of and award of a contract to a successful bidder, and the carrying out of the awardedcontract. WITNESS the signature of the undersigned as such officer o�hesaid _____________________________________ this ____________ (NameofBidder)(Date) _______________________________________ ( Name and Signature) Corporate Secretary

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REPUBLIC OF THE PHILIPPINES) CITYOF__________________)S.S.

SUBSCRIBED AND SWORN to before me this _____ day of ___________________2017 at

_______________________________, Philippines. Affiant/s is/are personally known to me and was/were iden�fied by me through competent evidence of iden�ty as defined in the 2004 Rules on Notarial Prac�ce (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government iden�fica�on card used], with his/her photograph and signature appearing thereon, with no. ________.

Witness my hand and seal this ______ day of _________________________. Notary Public

Doc. No. _____; Page No. _____; Book No. _____; Series of 2017.

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AUTHORITY OF SIGNING OFFICIAL: SOLE PROPRIETORSHIP SPECIAL POWER OF ATTORNEY

I, _____________________________, Filipino, of legal age, _________________ with residence at (Name of Proprietor) (Civil Status) __________________________________________________ a�er being sworn in accordance with (Residence Address) law, do hereby depose and say: 1. That I am the Proprietor of ____________________________________________________________ (Bidder/Company Name) a firm duly licensed, organized and exis�ng by virtue of the laws of the Republic of the Philippines, with office address ______________________________________________________________. (Business Address) 2. That I hereby authorize ________________________________, ______________________ (Name of Authorized Representa�ve) (Designa�on) on behalf of the said firm, to transact business with the Subic Bay Metropolitan Authority and other government offices concerned, and to do, execute and perform any and all acts, including signing of relevant documents, in connec�on with the [Project Name].

( Name and Signature of Proprietor)

REPUBLIC OF THE PHILIPPINES) CITYOF__________________)S.S.



NOTARY PUBLIC

Doc. No. _____ Page No. _____ Book No. _____ Series of _____ N.B. Not applicable if the Proprietor himself/herself personally signs per�nent bid documents and a�ends the Pre-Bid Conference and Submission/Opening of Bids.

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