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12) wzor10u» wanna Jouph NATIONAL ELECTRIFICATION ADMINISTRATION “tho 1" Performance Governance System-Institutlonalized National Government AgerKy” SY NA Road, Government Canter, Oliman, Quezon Cily 1100 “PROCUREMENT GUIDELINES AND SIMPLIFIED BIDDING PROCEDURES FOR ELECTRIC COOPERATIVES Rationale - Rule Il, Section 5 ()) of the IRR of RA 10531 specifically provides that the NEA, In order to strengthen the ECs, shall develop, set and enforce Institutional and governance standards for the operation of ECs such as, but not limited to, the observance of appropriate procurement procedure, Including transparent and competitive bidding. Rule I, Section 7 (a.v) of the IRR also provides that the NEA In the oxorcise of iis quastudiclal functions, shall have primary and exclusive jurisdiction ovor administrative cases involving compiaints against EC officers which also it referred to Members of the Bids and Awards Committee . Objectives To enforce governance standards for the efficient operation of ECs such as the observance of appropriate procurement procedures; and to conform with RA 9104 (Government Procurement Reform Act), the following principles shall govern: 1) Transparency in the procurement process and in tha Implementation of procurement contracts 2) Competitiveness by extending equal opportunity to enable private contracting parties who are allgible and qualified to participate in public bidding, 3) Accountability of BAC and EC officials who are directly or indiractly Involved Inv the procurement process where they shall be held llable for their actions relative thereto. 4) Streamlined and Simplified Procurement Process that will uniformly be applied to both stack and non-stock ECs. corvce ot 0 0 Saat hyits waive wrccteR | so. Aaa LES REPUNLIC OF THE PHILID NATIONAL ELECTRIFICATION ADIN ‘Quezon ay ‘STM AH ‘OFFICE OFTHE CORFORATESHCRITARY eee k CERTIFIED TRUE COPY RF. NOV 94 2013 i) 0 tot a r re: _} sD __ wy [ot “Eaegiyeng the Countrstde, Eleaniying the Fate Il, Definition of Terms 4) Approved Budget ‘of the Contract (ABC) - refers to the budget for the contract duly approved by the EC Board as provided for in tne EC's approved Cash Operating Budget, ‘Annual Procurement Plan, E-ICPM or ERC approved CAPEX. The ABC shall be the upper limit or ceiling for the Bid prices. 2) BAC - Bids and Awards Committee 3) TWG - Technical Working Group 4) Bidding Documents - refers to documents issued by the EC (duly appraved by the Board) as basis for bids, furnishing all informations: necessary for 0 prospective bidder to prepare a bid ' 5) Bid - refers to @ signed offer or proposal submitted by a bidder In respons® to the Bidding Documents, 8) E-ICPM - refers to the NEA approved Enhanced - Integrated Computerized Planning Model of the EC. 7) CAPEX - refers to the ERC approved capital expenditures of the EC to be recovered through rate increase. 8) Procuting Entity - refers to the Electric Cooperative (EC) 9) Head of Procuring Entity - refers to the EC Board or its duly authorized official. {if the Board authorizes the General Manager, It must be through a Board Resolution) 10) Lowest Calculated Responsive Bid - refers to the bid which was doterminad to bo tho Lowest Celoulated Bid after evaluation and passed all the criteria for post qualification. IV. EC Procurement Planning All procurements by the EC shall be based on the approved Gash Operating Budget, Supplemental Budget, E-ICPM, and CAPEX which were consolidated Into an Annual Procurement Plan (APP) (ANNEX A). ‘The Annual Procurement Plan, shall also include provislons for foreseeable gmeryencies based on historical datalrecords, Implementation of projecte Not included In the APP shall not be allowed. B — Tp LAW CENTER ‘FMI ot he RATIONAL AUGINSTRATIVE REGISTER OMUHSTRATIVE RULES REPUBLIC OF THE PHILIPPINES PSM Ne NDE ATIONAL BLUCTRITCATION ADMINISTRATION ‘quizoncrty ‘OFFICE OF THHE CORPORATE SUCRETARY CERTIFIED TRUE COPY wy NOV 24 2013 V. Public Bidding (Competitive Bidding) This le a methed of procurement which is open to participation by any interested party and which consists of tho following processes advertisement, pro-bid vonference, eligibility screening of prospective bidders, receipt and opening of bids, naluation of bids, post qualification, award of contract, contract signing and Notice to Proceed ‘This method shall be used for procurement or contracts amounting to P Millon-anl above. A. GUIDELINES ON PUBLIC BIDDING 4. Preparation of Bld Documents by the EC ‘The Bidding Documents shall include the following: a) Approved Budget for the Contract (ABC) b) Elighbity Requirements (ANNEX 8) ¢) Instructions to Bidders which Include the following: criteria for eligibility bid evaluation and post qualification date, time, and place of the pre-bid conference submission of bids and opening of bids d) Terms of Reference ) Plans and Technical Specifications The specifications and other terms In the Bidding Documents shall roflect minimum requirements or relevant charactoristics and or performance requirements to moet the neads of the EC In clear and unambiguous terms. Roference to brand namos shall not be allowed. » f) Form of Bid, Price Form, List of Goods or Bill of Quantitios 9) Delivery time or Completion Schedule h) Form, Amount and Validity Period of Bid Security |) Form and Amount of Performance Security and Warranty J) Form of contract, General Conditions of the contract and Special Conditions of the contract. Include in the contract a provision for liquidated damages/penalty clause and warranty 3 REPUBLIC OF THE PHILIPPINES | CLAW CENTER ARTONAL LBETRIACATION ADMINISTANTICS yc yp ibaa AOS IATIHE HESITER PowiistaTe RULES uO WBUUATIOND HEPON CT ‘OFFICE OF THECORPORATESHCRETARY | CERTIFIED TRUE coPY k) Certification of avaltability of funds for tho project. 2, Invitation to Bid advertised at loast once in a newspaper of goneral and rational circulation and posted In a conspicuous placo in the EC premises (certified by BAC Chairman). 4+ Advertisement of Invitation to Bld (Contents) 4. Name of Contract to be bid and brief description 2, General statement on the criteria for eligibility check, examination and evaluation of bids and post qualification. 3. Date, time and place of the deadiine for the submission and receipt of eligiblity requirements, technical and financial proposals, the pre-bic conference, and the opening of bids. 4, ‘The Approved Budget for the Contract (ABC), cite whether exclusive or Inclusive of VAT. 5, Source of Funding, 6. Parlod of availability of bidding documents, place where thay may be secured, and price of bidding documents (non-refundable), 7. Delivery Schedule/Gompletion of Project. 8. Name, address, telephone number, fax number, e-mall and website addresses as well as the designated contact persons 9, Reservation Clause EC reserves tho right to: 4, Reject Any and All Bids 2. Declare Failure of Bidding 3, Not Award Contract SITUATIONS: 1, Prima Facie Evidence of COLLUSION between any omployoe oF appropriate officer of the EC 2, Collusion between or among the bidder themselves. BAC falled in following the Prescribed Bidding Procedures 4, Project no longer necessary as determined by the EC _—— | REPUBLIC OF THE PHILIPPINES NATIONAL ELECTRIFICATION ADMISISTIN q WENT frien oP THE CORPORATE SECRETARY CERTIFIED. TRUE COPY GEASS soso NO REG 3, Pre-Bld Conference ' 'A precbid conference should be conducted (at least 12 calendar days) before the deadline for the submission and receipt of bids. The pre-bid conference shall discuss among other things the eligibility requirements and the technical and financial components of the contract to be bid as stipulated in the Bid Documents. Attendance of the bidders to the pre-bit conference Is. ‘optional, except when specifically stated In the Invitation to Bid. Only those who have purchased the Bidding Documents shall bo allowed to participate in the pre-bid conference and raise or submit written queries or clarfications, + Conduct of Pro~ Bid Conference a. Attendees to the pre-bid conference are only the prospective bidders who have bought bid documents, or their authorized repres¢ntative (duly notarized) b. The secretariat shall take the minutes of the meeting and prdferably video taped; and made available to all participants not later than three (3) calendar days after the pre-bid conference. c. ny statement made at the -bid conference shail not modify tho torms of the bidding documents unioss such statornont Is specifically Identified In writing a8_an_amondment or as ! Supplomental Bulletin. d. Bidders who have submitted bids before the issuance of Supplemental/Bid Bulletin have to be informed in writing and allowed to modify or withdraw thelr respective bids. fe. Supplemental Bulletin by BAC must be issued not lator than 7 calendar days before the deadiine for the submission and raceipt of bids. f, The BAC and the prospective bidders shall synchronize thelr timepleces in proparation for the scheduled Bid opening, The BAC shall have an official timer 4, Recelpt / Cpening of Bids / Pre-quallfication 4.a For purposes of determining the eligibity of bidders, the checklist of criteria stated in Section | of Annex 8 shall be required, using Non Discretionary “Pass/Fall" Criteria 4, In the opening of bids, the Two Envelope System shall be adopted using Annex B as the working tool. REPUBLIC OF THE PHILIPPINES RATIONAL ELECTRIFICATION ADMINISTRATION ‘quizon ary OFFICE OP THE CORPORATESECKETARY CERTIFIED RUE COPY NOLLIE 8, ALAMILLO. a caw cee TGs AOMISTRATIVE REGISTER AUN ARIVE RULES AND RUGULATIONS DF ro a:a0 a ln FP ot Envelope 4 containing the Class A and B documents segregatedly fled and labeled shall be opened in the following order: Folder? - Legal Documents Folder2 - Technical Documents Seo Annox B Folder3 - Financial Documents Folder4 - Class "B" Documents: ‘The submitted documents of each bidders shall be examined and checked to Aasertain they are all present using a non-discretionary "pass/fal’ criterion. osrtlder eubmite the required document, It shall be rated “passed! for that particular requirement. Hence, bids that fall to Include any requiremer! oF Ar Treomplete or Insufficient shall bo considered “falled’ otherwise, the first envelope shall be rated as "passed", ‘The eecond envelope (ENVELOPE 2) of the Bid proposal of biddors that Wore rated falled or ineligible shall no longer be opened and should be returned to the bidder. 6, Bid Evaluation 5.a After determining compliance with the requirements in tho first fenvelope, the second bid envelope (envelope 2) of each remaining eligible bidder whose first bid envelope (envelope 1) was rated “passed” shall forthwith be opened in the following order: Envelope 2 Rot 9 Technical Folder 2 ~ Financlet J” Soo Annox 0 5b ‘The bidder whose technical bid proposal passed tho tochnical reguirements and specifications shall be rated as "passed, aftenwhich Folder 2 of the second envelope containing the financial proposal shall be opened. Financial_bld_proposals_higher than the ABC_shall_outrightly_be is ;08t-cualification, Computational errors and omiss ‘are considered for proper comparison of bids. 5.d_ In the evaluation of bids, the BAC shall evaluate all bids on an equal footing to ensure fair and competitive bid avaluation. For this purpose all biddere shali be required to Include the cost of all taxes such as but rot imited to Value Added Tax (VAT), income tax, local taxes and ather fiscal levies and duties which shall be Itemized in the bid form and reflected In the detalled estimates, Such bids, including taxes, shall be the bases for bid evaluation. comparison and for determining the LOWEST CALCULATED BID. REPUBLIC OF THE PHILIPPINES | yATIONAL ELUCraIFTeATION AbWINSTEA US| Te caw Coie ‘quezonary ‘FICE ot tne natin APNE THANE neoisttk |} OFFICE OFTHE CORPORATE SECKITARY OMwsTRATWE RULES CERTIFIED TRI UE COPY yeeaton® 5.8 Blds shail then be ranked in the ascending order of thelr total calculated bid prices, as evaluated and corrected for computational errors, anc «ther bid modifications to identify the “Lowest Calculated Bil’ 5,1 The bid which Is determined to be the Lowest Calculated Gld shall be subjected to post qualification. EVALUATION OF BIDS In case of discrepancies 1) Figures against word Words shall provail 2) Total price per item against Price per item multiplied by the price per item multiplied by quantity shall prevail the quantity 3) STATED TOTAL PRICE Actual sum of prices of against actual sum of component shall prevail prices of component items 4) Unit Cost In the detalied Unit cost in Its bill of quantities estimate against unit cost shall prevall In Bill of quantities . Post-Quallfication - the stage where the bidder with the Lowest Calculated Bid undergoes verification and validation whether he has passod all the requirements and conditions as specified in the Bidding Documents Objectives 6a To verify and validate the authenticity of documents submitted by the Bidder with the Lowest Calculated Bid. @.b To determine whether the Bidder with the Lowest Calculated Bld complies with and is responsive to all the requirements and conditions for eligiblity and bidding, Legal Requirements = Licenses and agreements submitted and the fact that he is not Included in any Government “blackllst” Technical Requirements - Performance in on-going and completed projects, competence and experience REPUBLIC OF THE PHILIPPINES NATIONAL ULECTRIFICATION aDMiNsTRATIOS| (QuEZON CT OFFICE OF THE CORPORATESECRETARY CERTIFIED TRUE COPY ‘orFiog ot me MANOR ADGNIS Rave. REOIBTER| ownsTRATIVE RULES FMD WGULATIORD REsuingD awit is Financlal Requiroments - The required bank commitment to provide a credit line to bidder in the amount specified and over tho period stipulated in the Instructions to Bidders, Net Financing Contracting Capacity (NEGC), and audited financial statoments to ensure that the bidder can sustaln the operating cash flow of the transaction 6.¢ To declare tho “LOWEST CALCULATED RESPONSIVE BID" if the Lowest Calculated Bid falled in the post-qualification, the BAC shall proceed with Its post-qualfication process to the noxt Lowest Calculated Bid until a responsive bid shall have been determined. 7. Notice of Award Ja The BAC shall recommend to the EC Board through the General Manager the award of contract to the LOWEST CALCULATED RESPONSIVE BID. 7p After Board approval, the bidder with the Lowest Calculated Responsive Bid shall post a performance security. &. Contract Signing - within ten (10) calendar days from the receipt of Notice o! Award and posting of performance security by the bidder with tho “Lowest Calculated Responsive Bid’. 9, Notice to Procood to be Issued by the EC - not later than soven (7) calendar days from the date of approval of the contract, B, FAILURE OF BIDDING ‘+ There shall bo a fallure of bidding If: a) No bids are received bb) No bid qualifies as the Lowest Calculated Responsive Bid. 2) The bidder determined to be the "Lowest Calculated Responsive Bic refuses without justifiable cause to accept the award of contract Under any of the above instances, the contract shall be re-advertisecl and ro-bid observing the same process. REPUBLIC OF THE PHILIPPINES NATIONAL RLECTRTFTCATION ADMNISTRATIOS| ‘quezon cr OFFICE OP THE CORPORATE SECRETARY st CERTIFIED TRUE COPY oan Gamer ; FomnasTaATW RULES fe R “yoy 11 208 ) aw bs | ALAMILLO C. Incase of two consecutlvo Fallure of Biddings “Tho BAC shall, a. conduct mandatory review & evaluation of the terms, conditions & specifications (TCS), including its cost estimates b, revise the TCS and if necessary adjust the ABC, and conduct a re-bidding with re-advertisement ‘The ABC however cannot be increased by more than 20 % of the ABC for he last falled bidding allow all eligible bidders who have previously offered thelr bid to submit now bide and observe the same process and set the new periods accorcling to the same rules followed during the previous bidding, 4D, Bld Security | All bids shall bo accompanied by a bid security payable to the olectric cooperative as guarantee that the successful bidder shall enter into contract from receipt of the Notice of Award. Required Bid Security are the following: Form of Security ‘Amount 1) Cash, Cashier's check, Manager's check, 2% of ABC bank draft 2) Bank Guarantee 2% of ABC (from universal and/or commercial bank) 2, Bld securities shall be returned to bidders that were rated Ineligible. However, bids that were rated eligible, bid securities shall be returned only after the bidder with the Lowest Calculated Responsive Bid has signed the contract and furnished the performance security. [REPUBLIC OF THE PHILIPPINES NATIONAL BLECTRIPICATION ADMINISTRA TIO ‘quezon ar OFFICH OF THE CORFORATESUCRETARY CERTIFIED FRUE COPY 7 ALAMILLO_ ont etn aminins, ni PATE RULES E, Performance Security To guarantee the faithful performance of the winning bidder of Its obligations under the contract prepared in accordance with the bidding documents, it shall post @ performance security upon the signing of the contract Form of Security ‘Amount 4) Cash, Cashier's check, Manager's 6% of Contract Price check, bank draft, Irrevocable letter of credit 2) Bank Guarantee 10% of Contract Price (from universal and/or commercial bank) +p Fallure to Enter Into Contract and post Performance Securlty a) If for justifiable causes, the bidder with the Lowest Calculated Responsive Bid fails or refuses or is otherwise unable to enter into contract with the EC, or if the bidder falls to post the required performance security within the perio! stipulated in the Bidding Documents, the BAC shall disqualify the said bidder and shall undertake post qualification for the next ranked Lowost Calculated Bid, This procedure shall be repeated until an award is made. Howovar, If no ‘award is possible, the contract shall be subjected to # new bidding b) Inthe case of a fallure to post the required performance security, the bid security shall bo forfeited without prejudice to the Imposition of sanctions F, Bid Validity Bids and Bid Securities shall be valid for a reasonable period as determined by the head of the procuring entity concerned, and shall be indicated In the bidding documents, but in no case shall exceed one hundred twenty (120) calendar days: from the date of the opening of bids G. Liquidated Damagos ‘All contracts executed shall contain a provision on liquidated damages which will bo payable in case of breach of contract. For the procurement of goods the amount of liquldated damages shall be at least equal to 1/10 of 1% (,01%) of the cost of the unparformed portion for every day of delay REPUBLIC OF THE PHILIPPINES RATIONAL RLUCTRIFICATION ADMINISTRATION a mere . geaicat SEE nont| | omerornitSSesenzras ong ot As T@ATVE RUS CERTIFIED TRUE COPY nas ETAT NS NOLLIE_ ALAMILLO nce the cumulative amount of liquidated damages reaches ten percent (10%) of the Simeunt of the contract,the contract shall be rescinded without prejudice to other courses of action and remedies to be undertaken. H, Warranty To assure that manufacturing defects shall_be corrected by the supplier a warranty shall be required from the contract awardee. minimum of 3 months 1 year after performance of the contract a) for supplies b) for equipment |, Computation of Net Financial Contracting Capacity (NFCC) NECC = [(Current assets minus current lables) (K)] minus the value of al outstanding projects under ongoing contracts, including awarded contracts yot to be started Where: K = 10 for a contract duration of one year or Jess, 15 for a contract duration of . more than one year up to two years, and 20 fora contract duration of more than 2 years, Note: Use illustrations A,B,C as tools to simplify computation and as reference for the validation of the bidder's track record in the post qualification procoss a Selling of Bld Documents a, To defray the expenses incurred in the preparation of Bid Documents, the Bid Documents will be for sale to Interested bidders, gb. Setting the price for the Bldding Documents. - » Direct costs = Includes development costs, reproduction costs, communication costs. = Indirect costs = Overhead, supervisions, and administrative costs, honoraria The price of.the Bidding Documents should not have an effect of discouraging competition, un REPUBLIC OF THE PHILIPPINES NATIONAL BLECTRIFICATION ADMIT. were - at CERTIFIEDARYE COPY [oes aera ed A" ~ 'B, ALAMILLO- Tov 74 208 bas vial L. Tho Bids and Awards Commitige (BAC) and Its Composition a. The BAC shall have at least five (6) members, but not to excoed 7 members. ‘The Chairman and the Vice chairman of the BAC should be an official occupying a department fevel plantila position and of permanent status of employment in the cooperative. ¢. The chairman and the members of the BAC shall bo designated by the General Manager and confirmed by the Board. 4. No member of the Board nor the Genoral Manager and nor the Internal roditor can sit as member of the BAC however, they can sit as observers only during the opening of bids. Composition of the BAC Chairman i Department level or Area Manager except Vice Chairman the Finance Manager Members ‘Department Manager, Area Manager, Members } Division Manager or Section Head from any Members of the Departments rhe members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, Term office can be extended only for another 6 months but for a justifiable reason. Technical Worl i Chairman Chairman and Members may be composed of Members |. department managers, division managers ‘Members f and section chiefs from a pool of technical, Members financial and or legal ‘exports to assists the BAC in the procurement process. Euntlons of the BAC 4) Prepares the bid documents 2) Advertise or post the Invitations to bid. 3) Conduct pre-bid conference 4) Determine the eligibility of the prospective bidders 6) Recelve bids 8) Conduct the evaluation of bids 7) Undertake post qualification proceedings 8) Recommend eward of contracts to the General Manager and to the Board 2 TEPUBLIC OF THE PHILIPPINES NATIONAL HLECTRIFICATION ADMINISTRATION] ‘QUEZORTY OnWICe OP THE CORPORATE SECRETARY CERTIFIED TRUE COPY NOLLIE”B, ALAMILLO. 8) Under special cases, recommends the use of alternative Methods of Procurement. . Functlons of the Technical Working Group Agsists the BAG In the conduct ofits functions particularly in the preparation of, ‘id Documents, eligibility screening, evaluation of bids and post qualification . Functions of the BAC Secretariat 41) Provides administrative support to the BAC. 2) To record attendance during the pre-bid conference and during the opening of bids. 3) To maintain all records pertaining to the BAC. 4) Organize and make all necessary arrangements for the BAC mootings, attend BAC meatings as secretary and prepare minutes of meeting 5) Prepare BAC resolutions that pertains to recommendations and other matters. 6) Responsible for the sale/distribution of Bid Documents to interested bidclors. . OBSERVERS To enhance the transparency of the proves, he BAC shall. In all stages of the procurement process Invite In addition to the representative of tho Internal Audit, St ieast an observer coming from the employees’ union or association att uly reconnized private oroup_in_a_sector_or_dliscloine relevant _to__the procurement at hand (who shall not have the riaht te vote “or to sit in its proceedings oservers should be Invited In writing at Jeast threo (3) days before the opening of bids, Responsibilities of the Observers: 1, To prepare a ret dicating thelr observations made on the procurement ‘pollvties for submission to the Head_of the Procurina entity (General janager and copy furnis! BAG chalri 2. |fng report |s submitted by the observer, then itis understood that the biddin ‘activity conducted by the BAC followed the correct procedure, 13 REPUBLIC OF THE PHILIPPINES ATIOWAL ELECTRIFICATION ADMINISTRATION ‘quuzon cry (OFFICE OP THE CORPORATE SECRETARY CERTIFIED TRUE COPY Staats sours y ALAMILLO | P, QUORUM ‘A majority of the total BAC composition shall constitute @ avon for the transaction of business, provided that the presence of the Chairman or Viee~ Chairman shall be required. Q. MEETINGS of the BAC ‘The chairman or, in his absence, the Vice-Chairman, shall preside at all meetings trthe BAC. The decllon of at least a majority of those present at a meoting a which there is quorum shall be valid and binding as an act of the BAC. Provided, however, that the chalrman or, in his absence, the Vice-Chairman shall vote only in case of a tle. F R. Honorarla of the BAC, TWG and BAC Secretarlat the EC may grant honoraria to the BAC, TWG and BAC Secretariat for avery successful bidding conducted, funding of which will be sourced from the following: 1) Proceeds from sale of Bid Documents (Net of expenses) 2) Forfeited Security and Performance Security 3) Accreditation Fees 4) Protest Fees 5) Fees charged for coples of minutos of bid openings, BAC resolutions and other BAC Documents the Honorarla of each person for every successful bidding conducted shall not exceed the rates indicated below: BAC Chairman = — P3,000 BAC members 2,500 TWG Chairman and members: 2,000 and Secretariat Successful bldding means the contract has been awarded to the winning bidder REPUBLIC OF THE PHILIPPINES NATIONAL BLBCTRUPLCATION ADMINISTRATION ‘Quuzon crx ‘OFFICE OP THE CORPORATE SECRETARY ua : pce ita ani ga RULES wee ies aa Vi. Alternative Modes of Procurement A. Simplified Bidding (Sealed Canvass) ‘this method of procurement involves direct invitation to bid from @ set of accredited/pre-selacted suppliers with known experience and proven capability ‘on the requirements of the particular contract. “This method shall be used under the following circumstances: 1) Approved Budget of the Contract is P300,000.00 and above but below 4 Million provided that there Is no splitting of procurement Spliting of contracts ~ the division or breaking up of contracts in smaller quantities end amounts, or dividing contract Implementation Into artificial phases of sub-contracts for the purpose of evading or circumventing the necessity of public bidding. 2) Accreditation of suppliers/eontractors 1s updated for the last six (6) months using the prescribed accreditation procedure/raquiraments. Accroditation Requirements 1) DTI Business name registration or SEC raglstration certificate 2) Valid and currant Mayor's permitimunicipal license 3) Tax payer's identification number 4) BIR Value Added Tax registration 5) Gertfication that the supplercontractor 's not black lated or banned from bidding by the government or any of its agencies and other private corporations or electric cooperatives. 6) Compliance with EO #388 2. Proof of VAT payment for the past six months b. Tax clearance from the BIR for the last two quarters 7) On-going, completed or awarded contract not yet started within the relevant period specifying the following: a. Name of the contract Date of contract ‘Amount of contract and value of outstanding contracts Date of Delivery End-user’s acceptance if completed esos < TEPUTLIC OF THE PHILIPPINES ationateuzcrnmcarioN abwsisreai0s ‘ovtzancnY | ormenormit corte ecasrany TE RAiaaNnn oe CERTIFIED TRUE COPY ‘negative ROLES mfeA NOLL LAMILLO. re For Accreditation - The EC may got to require accreditation fee and expiration jpriod which shall be determined by the BAC. B. Repeat Order This Is a method of procurement of goods from the previous winning bidder of contract awarded through competitive bidding Repeat order must only be resorted to under the following conditions: 1) Contract on unit price of the repeat order must be the same lower than those in the original contract, provided that euch prices 270 still the most ‘advantageous {9 the coop after price verificalion bb) The repeat order wil not result in spiting of contracts ) The repeat order shall be availed of only within 6. months from the date of the Notice to Proceed arising from the original contract that was a rosult of compatltive bidding 4) The repeat order shall not exceed twenty five percent (25%) of the quantity of each item in the original contract that was a result of competitive bidding G. Opon Canvass/ShoppinglEmergency Purchase Tie mctras of prommaraact simale roeunal t the: San? of price quotations for readily available off the shelf goods or ordinary/ragular ‘equipment to be procured directly from suppliers of known qualifications This mode of procurement can be resorted to when there | Mh unforeseen coningeney requiring immediate purchase, provided. that amount shall not arg p300 Thousand; provided further that at least three (3) price quotations: from accredited suppliers shall be obtained Nogotlated Procurement ts a mothod of procurement of goods, MMiesetructure projects and consulting sorvicos, whoraby the procuring antity directly negotiates a contract with a capablo supplier, contractor or consultant In any of the following casos: a) Two falled Blddings - There has been @ second fallure of public bidcling, >) Emergency Cases - There oxist imminent danger to Ife or proporty during state of calamity, or when time Is of the essence arising from actual or man made calamities. «c) Take-Over of Contracts. A contract has bean rescinded or terminated for causos provided for in the contract and existing laws, procuring ontty devices to take over, infrastructure facilities and other public utltles, 16 REPUBLIC OF THE PHILIPPINES NATIONAL ELECTRIFICATION ADMIOSi ‘quezow cry OFFICE OP THE CORPORATE SECRETARY CERTIFIED TRUE COPY ‘einai na HEEITE Tumpragive tae a ON vv 91 208 ; | ALAMILLO 4) Adjacent or contiguious, Where the subject contract is to an on-going infrastructure project, provided, however, that: 1. The original contract isthe result of a compattive bidding: 4.2 The subject contract to be negotiated has similar or related scopes of work, 4.3. tls within the contracting capaclty of the contractor/consultant, g.4 The contractor! consultant uses the same prices or lower unit prices as In the original contract less mobilization cost, GS The amount Involved does not exceed the amount of ongoing project; 4\6 The contractor! consultant has no slippage! delay. vil, AMENDMENTS in the Implementation of these guidelines, tho National Electrification ‘Administration (NEA) may issue additional guidelines or Introduce modification thereto through the amendment of its epectic provisions as the ood arises Vill. EFFECTIVITY ‘These guidelines shall immediately take effect fifteen (18) days following tts publication in a newspaper of general circulation, Let three (3) coplas hereof be fied with the University of the Philippines (UP) Law Center pursuant to Prosidential Memorandum Circular No, 11, dated 09 October 1992, pon WAPUDIIC OF Tite PHILIPPINES DITA S. BUENO NATIONAL ELECTRIFICATION ADMINISTRATION Administrator ‘queyon ary mmc org COnTORATESECRITARY CERTIFIED-TRUE COPY NATIONAL, ELEOTRIEIOATION ‘AONTNEBTRATION noise MORES MO Approved by the NEA Board of Administrators on November 6, 2013 under Resolution No. 130. rt jALAMILLO \ Gan staat evict at wm oT ROLES A ALANS : Kulae Electrical Supplies, Inc. ILLUSTRATION A summary of projects 2008-2010 project Contract, Date Percontaga Ext jected Outetanding lam of Price Project of Dato of Projects ‘om any? Started) Complotion Gompletion Notice to Procood AN "ELC soMvA —-P23M_—Aug.8, 100% : substation 2008 . Supply and Construction 1e1 ALCO. 20MVA 28M Jan. 97, 85% Dac 3, 42M Substation 2010 2010 Supply! Construction ul co Suppyot 26M = une 25, «48% «© Deo.3t, 15M Concrete 2010 2011 Poles 46'~ 180 pos. 45° - 60 or lyElectic Supply of 25 18M Oct, 36% Feb. 2, 42,36M 6 kva 2010 2011 transformers = 100 poo, eo cor migsioner’s Construction 20M (Dee. 1% E Jul 21, 20M — ree \ai le Co, of 8 Km. 68 2010 2011 Kv — 2010-24 days \2011 - 21. days & 0 months [ofa days & 8 months gen puson | <7 nomen 2dns| | Mreroforo Keto | FCG « {(Curront Assota ~ Current Llabiitios) } ~Valua of Outstanding Projects (4 203M ~ 198) x 10]- 61.55 = ABC - PEO (7M x10] -61.65M = P16.45M 40% - POM Agsumptlons: , Current Assots ~ P203M Current Liabilities ~~ P198M Agc =P 60M Opening of Bid = December 2010 Compare (P18.45M) NFCC agalnst the required 10% of the ABC. Computed NFCC of P18.46M Is greate! than P6M therefore, the bidder passed REPUBLIC OF THE PHILIPPINES NATIONAL ELECTRIFICATION ADMUNISTRATION ‘quezow cry OFFICE OP THE CORPORATE, SECRETARY CERTIFIED TRUE COPY [ree ia N © mo of Project impany WNPELCO 10 MVA substation supply and Construction 20 MVA Substation Supply! Construction Supply of Concrete Poles 45°~ 180 pes 46° - 60 yauty Electric Supply of 26 > kVA transformers ~ 100 pos. Construction of 8 Km. 69 KV RALCO JBELCO missioners tile Co Total NFCC =[ (Currant Aas 210M — 208) x 10] - 61.65 [5M x 10} - 61.65 M te Assumptions: Current Assets Current Liabilities ABC Opening of Bid | Compare (P1.55M) than P6M therefore, re Kulas Electrical Supplios, Inc. summary of projects 2008-2010 ILLUSTRATION B Contract Date Percentage Expected Outetandin Price Project of Date of g Projects. Started) Completion Completion Notice to Proceed P23M Aug. 8, 100% 2008 26M — Jan.31, 05% Dec. 31, 42M 2010 2010 26M 48% Dec. 31, 415M 2010 2011 418M Oct. 5 35% Feb. 2, 12.36M 2010 2011 — zom (- Des.10, >) - jul.21, >) 20M —® oar | \aoio 2011 | | — 2010 - 21 days | 2011 - 24.days & () months God ‘2 days & 6 month | Current Liabilities) K ] ~ Value of ‘Outstanding Projects: nee | --7 months & 12 days} palace sd Inorefore Ket | | - P210M - P205M - P 60M + December 2010 NECC against the required 10% of the ABC. Computed NFCC of F71.59M Is lesser the bidder falled REPUDLIC OF THE PHILIPPINES NATIONAL ELECTRIPICATION ADMINISTIO quowcrry vice OFTHE CORPORATE SECRETARY CERTIFIED JRUE COPY STAT sili weomeek aainbiat hts ki ov RULE anol’ OLLIE ff ALAMILLO. Kulas Eloctrical Supplion, Inc. Summary of projocts 2008-2010 ILLUSTRATION um: of project Contract Date Percentage Expected Ovtessena om any Price Project, of Date of Projects Started! Gomplotion Completion Notlce to Procood AN! ELCO JoMVA —-P23M_— Aug. 6, 100% : Substation 2000 Supply and Construction co 2oMVA —-P28M— Jan. 31, 06% = Dect, 42M + Substation 2010 2010 Supply! Construction JB LcO Supply of 26M dung 26, «40% 06.91, 15M Conerete 2010 2011 Poles 45° ~ 180 po. 46" 60 vectyElectie Supplyof25 19M = Ok.6, «Feb, 2, 12 35M > KVA 2010 2011 transformers = 100 pes, _ an Construction — 20M (Dee. 10 E 2om—+ | Yoar oe of 8 Km, 69 {2ate | ‘ Kv 2010 -21 days 2011 - =tyoar | Total P51.66M | 2012 - 21 days + 6 montho | "4 year | 3= Curront Aswots ~ Current Liabilitioa) K |~ Value of Outstanding Projects 03M = 196) x 16]-61.66 = ABC - PEON [7M x 15]~51,65M = PO3.AGM 10% -P 6M Assumptions: Current Assets - P203M Current Liabilities - P186M ABC - P 60M Opening of Bic = December 2010 Compare (P53.45M) NFCC against the required 10 js greater than PEM therefore, the bidder passed. aw opis on na PAR RECTAN: ive neste Nov 7 4 2013 orrice or Til CORFORATESECRETAKY CERTIFIEB,TRUE COPY ze tyoora7imonte | a2 aaye Thorofore Ke 15 1% of the ABC, Computed NFCG of P53.45M B, ALAMILLO, “Annex A" ANNUAL PROCUREMENT PLAN | CALENDAR YEAR | mont | TIME SCHEDULE | APPROVED | BUDGET FOR | ese aca ee oes | PROJECT Extont/Size | Procure! | of Contract | Method Scope! | Packages _ Me ial Procurement of Goods! Supplios! | Matorlals! Equipment _ B. Procurement of Civil Works fe Procuromont - Contracting here |__ Servicos___ vision for Emorgancy | Purchaso: | Propared by: | “Approved by: | Confirmod by tho Board: | Name anc! Signature | Name and Signature Board Resolution No.__ | | BAC CHAIRMAN | General Manager | REPUDLIC OF THE PHILIPPIN ATION ELECTRIFICATION ADMINISTRAT!ON (QuEONarY (OFFIC OP THE CORPORATE SECRETARY CERTIFIED-TRUE COPY 1 wm Hn acai ive REGISTER (yr 108 \4 ya we oe M Roca 77 DT business name registration SEC Philippines; _ 2. Valid and carent pemnitimunicipal ficsnse; (principal place of business) _ 3, Taxpayer's Identification Number, = ae —-3- Statement that the bidder is not “blacklis 4. BIR Value Added Tax registration, a of banned from bidding by the govemment or any oF iS agencies, offices, corporation or LGUs, and ofes private corporations oF @Auding norindusion in the Consolidated Blacklisting Report issued by the Government Te eeeanent Policy Board (GPPS), 28 provided in Saction 69.4 of the IRR-A No. 9184 G__ Compliance with E.0.#398. =. Proof of VAT payments for the past six months. Ree Clearance from the BIR to prove bidder's full and time! payment of taxes to the government 2k Certification under oath from the bidders respons! fe officers that the bidder is free and clear of ail abilities with the government. 30 TECHNICAL DOCUMENTS: FOLDER 2 (ENVELOPE }) TEFUELE GF THE PHILIPPINES. Ysa ls a) aa 4. Statement in matrix form all ongoing and completed govemment and private contracts (service Sintradis, maintenance contracis, purchase orders, job orders, etc.) within the relevant period, where Sppteable, including contracts awarded but not yet started, if any. The statement shall state whether each contract is: ‘Quezon Gry OFFICE OF HE CORPORATE SECHETARY CERT ae PY IFEATION AOD TRATION ‘Srailar or nat similar in nature and complexity to the comract Yo be bid. For the procurement of goods, 2 cortract shall be considered “similar” 9 the contract to be bid & involves goods or =. Ongoing, Completed or Awarded but not yet stared. within the relevant period, where applicable. EREAMIEES ser Each contract should include the following: ees t i | i__ The name of the contract es i tl i iL_Date of contract, T mal = escort of coriadt and value of outstanding contests: —_ i t 4 iv. Date of delivery. [ | | V._End-user’s accepiance, # completed an ia ail | : Jiated services of the same nature and ‘complexity es those which are the subject ‘of the public ___ dicing eoncemed. = 2 PCAB license - (Phiipoines Contractors A astucure projects Complete “j)_Balance Sheet _ 2)_ income Siziement ~3)_ Statement of Changes in E: 2) Cash Flow Statement 5). Notes fo Financial Statement 8)_ Statement of Management Responsi quiy Difty for Financial Statement al 4 | { 5 The Wespedve bidders computation for is Net Financial Contacts Capacity (NFCC) or 2 aoe eieent from a universal or commercial bank to extend to ita creat line if awarded the contract eee in an amount not lower than that set by the procuring entity, which shall be at least equal to i te percant (10%) of the Approved Budget for the Contract (ABC) 0 bid. i al \ : [Glass “8” Documents FOLDER 4 (ENVELOPE f) : | [TT Valid joint venture agreement, in case OF a joint vertture. Each member of ine joint venture shall submit REPUBLIC Camm lo the required elighilty documents, and ae ATION ADMINIS FSS | [5 -BeS Eithorizng the BAC or ts duly authorized representatives to Very any or all of the documents CHPICE OF Tie pORPORATE SECRET AY ! ‘submitted for the efigiblity check. ‘CERTIFIED TRUE COP | | 773) Notarized statement that each of the documents submitted in Ealisfaction of the eligiblity requirements is ] Notetentic and original copy, or a tue and faithful reproduction OF SPY of the original, complete, and an OUT atements and information provided therein are tse and correct HOLLIE B, ALAMILLO. Pa = ES HL BID PROPOSALS (ENVELOPE 2) — TECHNICAL PROPOSAL (FOLDER 1) i= pe eri cS Bid Seeutiy as fo form, amount and validity period a 1 i t [a Authority of the signatory —__ as 1 1 [3 Confirming statement on Delivery Schedule _ ig : T Confirming stafement on warranty being offered z t [7 B:_Detalis of Technical Spectteaion —_—— 7 Ta = t t " rail = | z | | FINANCIAL PROPOSAL (FOLDER 2) a nr t f t = aa i I | | = jm Bid prices int prescribed bid fom a NAME BAC. SIGNATURE, OBSERVERS POSITION NAME BAC SIGNATURE “annex C" \ MATRIX OF BIDDING ACTIVITIES Preparation of Bid documente/TOR Wieating wih TWO PREPARATION STAGE Tfeoiing wih BAC & TWG “Ravertisement of Invitation to Bid in newspaper ‘Within 7 calendar days | of general clculation (if ABC Is P1,000,000.00 | na above) \ id Conference ~T TT calendar days botore vid cenng | Opening of Bids az —— i537 days afer last dole” of advertisement, Preliminary Evaluation shall cornmerico during the opening of ids | (computational errors and omlsalons) aia in of Bld “TTealendar days ‘Meeting with BAC & TWG valficaton “36 éalondar daye from bid oponig | Post ). | Mecting with TWG & BAC Recommendation by the BAG of Lowest Caloulated Responsive Bid for Approval by the General Manager re Wek Reva Ne ime ram? 009 > g)0 Casa ao Lo Zoe proved Recommendation by tha General) | qualification Manager to be confirmed by the Board | 13. Notice of Award Within a period not excoading 16 calendar days from the dato of confirmation by the EC Board of the GM's recommendation for the Lowost Calculated Responsive Bid 1a, | Contract Signing Within 70 calendar days from rocelpt of Notloe of Award | | "18" T Notice to Proceed Wotlater than 7 calendar daye from the | date of approval of the contract by the appropriate authority 76, | Tim-over | Actviles/Delverylinapection/Acceptance eet | TREPURLIC OF THE PHILIPPINES sie wee se NATIONAL BLPCTRIFICATION ADMINISTICN ‘quuzon cr ‘OFFIC OP THE CORPORATE SECRETAHY CERTIFIED TRUE COPY NOLLIE ff ALAMILLO. REPUBLIC OF THE PHILIPPINES ) CITY OF MANILA Jss. AFFIDAVIT OF PUBLICATION ’ |, ARLYN F. SERVANEZ, of legal age, single, Filipino and with office address at C/o PHIISTAR Daily, Inc., 202 Railroad Street corner Roberto S. Oca Street, Port Area, Manila, after being duly sworn to in accordance with law, depose and state: That | am the CLASSIFINDER MANAGER of the PhiISTAR Daily, Inc. a « corporation duly organized and existing under by virtue of Philippine laws with office and business address at 202 Railroad Street corner Roberto S. Oca Street, Port Area, Manila: dome: That the said corporation publishes THE PHILIPPINE STAR, a daily broadsheet newspaper published in English and of general circulation. rrr i SIS Captioned as follows; _CLICY OF THE SITTSEIN ot REPORTORIAL RECUIREMENTS FOR THF INT (Please see attached printed text) had been published In The Philippine STAR in its issues of: _Hoverber 28, 2017 FURTHER AFFIANT SAYETH NAUGHT. Manila, Philippines Affiant SUBSCRIBED AND SWORN to before me this _2¢th _ day of wow rte: _ 20 _ 17 affiant exhibited to me her Community Tax Certificate No. 13768004 issued at Quezon City on January 03, 2013. Doc. No. _ lo page No. [2 — aa ie Book No. aay Eo Serie! ao}, vera Gornnbahs 3 REPUBLIC OF THE PHILIPPINES ) CITY OF MANILA Js. AFFIDAVIT OF PUBLICATION |, ARLYN F. SERVASIEZ, of legal age, single, Flipino and with office address at ‘clo PhilSTAR Daily, Inc., 202 Railroad Street corner Roberto S. Oca Street, Port Area, Manila, after being duly sworn to in accordance with law, depose and state: That 1 am the CLASSIFINDER MANAGER of the PhilSTAR Daily, Inc. 3 domestic corporation duly organized and existing under by virtue of Philippine laws with office and business address at 202 Railroad Street corner Roberto S. Oca Street, Port Area, Manila. That the said corporation publishes THE PHILIPPINE STAR, a daily broadsheet newspaper published in English and of general circulation. ‘That the order of NATIGUAL STFOIRIFICATIN ADMIN Pao ee captioned as follows: GITTELIVeS IN ‘GEE SAI TATIC. OF MASTERLIST OF WEVSER-CONSUMERS OF FLFCTRIC COOP RAT Ta A (Please see attached printed text) had been published In The Philippine STAR in its issues of: Novenber 26, 261% FURTHER AFFIANT SAYETH NAUGHT. Manila, Philippines Affiant SUBSCRIBED AND SWORN to before me this __2eth_day ofNlov. __ 20 13 affiant exhibited to me her Community Tax Certificate No. 13768004 issued at Quezon City on January 03, 2013. Doc. No, _ Y Page No Z Book No. Cae Series of ___ _s)D)y JAN. 2, 2003, MCLE hw I N22

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