CONTRA T AGREEMENT

2nd Public Bidding for the Procurement of Vorious ICT Equipment ond Consumobles for
the Nationol Economic ond Development Authority - Lot 2 (Supply ond Delivery of
Consumables for Existing Printers for the NEDA)

rHts AGREEMENT, made ,n', I 1 FIB 2021 in pasig city,

Philippines, by and between:

The NATIONAI ECONOMIC AND DEVETOPMENT AUTHORITY (NEDA), a

government agency duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with office address at 12 St.
Josemaria Escriva Drive, Ortigas Center, Pasig City, duly represented herein
by UNDERSECRETARY JOSE MIGUEL R. DE [A ROSA, hereinafter referred to
as the "Procuring Entitt'';

- and-

The BUSTNESS MACHINES CORPORATION, a corporation duly organized and

existing under and by virtue of the laws of the Republic of the Philippines
with office address Carson Bldg. 1,888 Oronse St. Guadalupe Nuevo, Makati
City, duly represented herein by Government Sales Supervisor,
MYLENE L. PALAIAY, hereinafter referred to as the "Supplier";

WHEREAS, upon the invitation of the Procuring Entity, the Supplier submitted a bid
for the 2nd Public Bidding for the Procurement of Various ICT Equipment and
Consumables for the National Economic and Development Authority - Lot 2 (supply ond
Delivery of Consumobles lor Existing Printers lor the NEDA) in the amount of One Million
Five Hundred Twenty Thousand Fifty Pesos (PHP1,520,050.001, inclusive of all applicable
government taxes and charges (hereinafter referred to as the "Contract Price").

WHEREAS, the Procuring Entity accepted the bid of the Supplier through NEDA Bids
and Awards Committee for Goods and Infrastructure Projects (NBAC-GIP) Resolution No.
10 (2021), which was approved by the Head of the Procuring Entity;

NOW THEREFORE, for and in consideration of the abovementioned premises, the

Procuring Entity and the Supplier hereby agree as follows:

L. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.

Znd Public Btdding lor the Procurement of Various lCf Equipment ond for the
Notionol Economic and Development Authority - Lot 2 (SupplV and Delivery of Consumables Ior
Existing Printerc for the NEDA) Page 1 of 5
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2. The following documents shall be attached, deemed to form, and be read and
construed as part of this Agreement, to wit:

{a) Bid Documents consisting of:

i. lnvitation to Bid;
ii. lnstructions to Bidders;
iii. Bid Data Sheet;
iv. General and Special Conditions of the Contract; and
v. Schedule of Requirements and Technical Specifications.
(b) Bid forms, including the Eligibility Requirements, Technical and Financial
Proposals, and all other documents/statements contained in the
Bidder's bidding envelopes, as annexes;
(c) Bid Bulletin No. 01 issued on 05 January 2O2L;
(d) Performance Security;
(e) NBAC-GIP Resolution No. 10 (202tl;
(f) Abstract of Bids;
(e) Detailed Evaluation and Post-Qualification Evaluation Reports;
(h) Notice of Award (NOA)with the Supplie/s Conforme;
(i) Notice to Proceed (NTP)with the Supplie/s Conforme;
U) Amendment to the Contract, if any; and
(k) Other contract documents that may be required by existing laws and/or
the Procuring Entity.

OBTIGATIONS OF THE SUPPTIER

3. ln consideration of the payments to be made by the Procuring Entity to the Supplier,

the Supplier hereby covenants to complete the supply and delivery of the
consumables for existing printers of the NEDA within sixty (60) calendar days from
receipt of the Notice to Proceed.

The Supplier shall:

a. Supply and deliver the following items:

No. of Code Color Specification

Units
t20 TN.456BK Black Average continuous Black toner yields
5,500 pages in accordance with ISO/IEC
19798
80 TN- 45lC Cyan Average continuous Cyan toner yields
1,800 pages in accordance with ISO/IEC
L9798

2nd Publlc Elddlng for the Procurement of Vadous Ef Equipment and

7
National Economic and Development Authortry - Lot 2 (Supply and Delivery of
Existing Printerc fur the NEDA)
Consumobles lor
Page 2 of 5 ,fi+
 No. of Code Color Specification
Units
80 TN- 45lM Magenta Average continuous Magenta toner
yields 1,800 pages in accordance with
rso/rEc 19798
80 TN* 45lY Yellow Average continuous Yellow toner yields
1,800 pages in accordance with ISO/IEC
19798
5 wT-320C1 Waste Toner Box
5 DR-451C1 Drum Unit
5 BU-330C1 Belt Unit
5 Fuser unit

Note: Toners to be delivered shall have an expiration date not earlier than July 2022.

b. Perform all the duties and responsibilities stated in Section Vl! (Technical
Specifications) of the Bidding Documents attached hereto.

5. lf the Supplier fails to satisfactorily deliver any or all of the goods and/or perform the
services within the period(s) specified in this Agreement inclusive of duly granted time
extensions if any, the Procuring Entity shall, without prejudice to its other remedies
under this Agreement and under the applicable laws, 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 portion for every day of delay until actual delivery or
performance.

In case the total sum of liquidated damages reaches ten percent (10%) of the total
contract price, the Procuring Entity concerned may rescind the contract and impose
appropriate sanctions over and above the liquidated damages to be paid.

OBLIGATIONS OF THE PROCURING ENTITY

6. In consideration of the delivery of said goods and services, the Contract Price or such
other sum as may become payable under the provisions of this Contract, the
Procuring Entity shall pay the Supplier in full, net of retention payment, after the
issuance of the following:

a. Billing/lnvoice Statement by the Supplier; and

b. Certificate of Satisfactory Service issued by NEDA.

AMENDMENT

7. Any amendment to this Agreement shall be made in writing and signed by the
Procuring Entity and the Supplier.

2nd Publlc Biddlng for the Procurement ol vortous tcr Equipment dnd
lor the
Notional Economlc ond Development Authortty - Lot 2 (suppty and Dellvery of Consumables
for
Existing Printerc fur the NEDA) Page 3 of 5
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ATTERNATIVE DISPUTE RESOTUTION

8. Should any dispute related to this Agreement and/or the rights of the Parties arise,
the same shall be submitted for mutual consultation, mediation and arbitration, in
the order of application. The venue of the proceedings shall be in Pasig City.

VENUE IN CASE OF SUIT

9. In case of a court suit, the venue shall be the courts of competent jurisdiction in Pasig
City, to the exclusion of all other courts.

lNWITNESS WHEREOF, the Parties hereto have caused this Agreement to be

executed on the day and year first before written.

NATIONAT ECONOMIC AND DEVETOPMENT BUSINESS MACHINES CORPORATION

AUTHORIW

Represented by: Represented by:

nA
T\t,tJA#r -- .lL^k4
JOSEMIGUEI R. DE tA ROSA lvrvlsrur L. PATATAY
Und/rsecretary for Corporate Affairs Group Government Sales Supervisor

SIGNED IN THE PRESENCE OF:

FLORA JEAN
Director lV
lnformation and Communications Business Machines Corporation
Technology Staff, NEDA Carson Bldg. 1888 Orense cor. Del
12 St. Josemaria Escriva Drive, Ortigas Carmen Sts., Guadalupe, Makati City
Center, Pasig City

2nd Publlc Eiddtng lor the Procurement of Vorlous ICT Equtpment and Consumables for the
Nationol Economic and Development Authofty - Lot 2 (supply ond Delivery of Consumobtes for
Existing Printers for the NEDA) Page 4 of 5
 ACKNOWLEDGMENT

REPUBLTC OF THE PHtLtPPINES)

)s.s.

pubticror.nJY$.ni, F EB 1 6 2021
BEFoRE ME, a Notary 2021, personally
appeared the following with their respective proofs of identity indicated beside their
names:

NAME PROOF OF IDENTIW

Jose Miguel R. De La Rosa Official Passport # 50012632A

Mylene L. Palalay TIN # 296-s49-310-000

known to me to be the same persons who executed the foregoing Agreement

consisting of five (5) pages, including this Acknowledgment, and they acknowledged to me
that the same is their free and voluntary act and deed as well as that of the entities which
they respectively represent.

WITNESS MY HAND AND SEAI, on the day, year and p written.

Doc. 17
No. ;
Page No. lk ; MAR inPlLLo, JR.
Book No. z( ; ry Public
UntilJune 30,2021
Series of 2O2L. PTR llo. 6539060 - 011O3i2021
fBP No. 143156 -01l0Bi?a?1
RollNo.38E77
MCLE Compliancb No. Vl-0020149-03i06/201 9

2nd Publlc Biddlng lor the Procurement of Vorlous ICT Equlpment and for the
Nationol Economic and Development Authority - Lot 2 (supply and Delivery of Consumables for
Existing Printerc fur the NEDA) Page 5 of 5
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