Ups Bid Document

DESIGN, SUPPLY, INSTALLATION, TESTING,
COMMISSIONING, AND TOTAL SERVICE

MAINTENANCE OF TWO (2) UNITS 200-KVA
UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM
INSTRUCTIONS TO BIDDERS
APRIL 2016
ASIAN DEVELOPMENT BANK

6 ADB Avenue, Mandaluyong City
Manila, Philippines
Tel. No. (632) 632-5437 or 632-4527; Fax No. (632) 636-2577
The documents comprising this “Instructions to Bidders” shall not be disclosed outside the bidder and shall not be
duplicated, used, or disclosed in whole or in part for any purpose other than to prepare the bid.
____________________________________________________________________________________
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this “Instructions to Bidders”.
INSTRUCTIONS TO BIDDERS
(Please read in conjunction with the Bid Data Sheet [BDS])
DESIGN, SUPPLY, INSTALLATION, TESTING, COMMISSIONING, AND

TOTAL SERVICE MAINTENANCE OF TWO (2) UNITS 200-kVA
A. General
1. Scope of Bid
1.1. The Asian Development Bank (hereinafter referred to as “ADB”) wishes to

receive Bids from prospective Bidders for the engagement of a Contractor
for the services described in the Bid Data Sheet (BDS).
1.2. The successful Bidder (herein referred to as the “Contractor”) will provide
ADB with the most reliable and efficient Services with the deployment of
skilled manpower, equipment, materials and supervision in accordance
with ADB’s policies, instructions, standards and procedures.
1.3. The Services will be complete in all respect, and shall be provided in
accordance with the Work Performance Statement (Appendix 1)
1.4. The sealed Bids will be completed and submitted to ADB in accordance
with the provisions contained in the "Instructions to Bidders (ITB)."
2. Qualifications of the Bidder
2.1. To be qualified for the Bidding, the Bidder must:
(i) Have the nationality of eligible country in accordance with

Appendix 15: List of ADB Eligible Member Countries. A Bidder
will be deemed to have the nationality of a Member Country if
he/she is a citizen, or is constituted, or incorporated, and operates
in conformity with the provisions of the laws of that country;
(ii) Have experience in the supply of UPS and major equipment

component for a minimum of 10 years;
(iii) Have successfully completed two (2) UPS projects of at least 200-
kVA capacity;
(iv) Have a sound financial and credit position for the past three (3)
years (2012 to 2014). As a minimum, the Bidders net worth/total
equity calculated as the difference between total assets and total
liabilities should be positive; and
(v) Have not been under a declaration or record of ineligibility for

corrupt and/or fraudulent practices issued or kept by ADB in
accordance with Sub-Clause 2.3 (iii).
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2.2. In the case of joint ventures (JV), the qualifications and experience of all
firms in the JV will be considered as if the JV was a single Bidder. At
least one firm in the JV must be a legally registered commercial
enterprise established in the business of providing the required Services
or a subsidiary of a legally registered company. ADB will require the
identification of the JV partners and either a copy of the agreement
entered into by the JV partners or the commitment to enter into a joint
venture agreement [Sub-Clause 9.1]. The Contract with ADB must be
signed so as to be legally binding on all partners, while only one of the
firms in the JV arrangement will be authorized by other partner(s) to
receive payments and instructions for and on behalf of any and/or all
partners of the JV.
2.3. ADB’s Anticorruption Policy requires borrowers (including beneficiaries of

ADB-financed activity), as well as Bidders, suppliers, and contractors
under ADB-financed Contracts, observe the highest standard of ethics
during the procurement and execution of such Contracts. In pursuance of
this policy, the ADB:
(i) defines, for the purposes of this provision, the terms set forth
below as follows:
(a) “corrupt practice” is the offering, giving, receiving, or

soliciting, directly or indirectly, anything of value to
influence improperly the actions of another party.
(b) “fraudulent practice” is any act or omission, including a
misrepresentation, that knowingly or recklessly misleads,
or attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation.
(c) “coercive practice” is impairing or harming, or threatening
to impair or harm, directly or indirectly, any party or the
property of the party to influence improperly the actions of
a party.
(d) “collusive practice” is an arrangement between two or
more parties designed to achieve an improper purpose,
including influencing improperly the actions of another
party.
(ii) will reject a proposal for award if it determines that the Bidder
recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract; and
(iii) will sanction a party or its successor, including declaring ineligible,

either indefinitely or for a stated period of time, to participate in
ADB-financed activities if it at any time determines that the firm
has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, or coercive practices in competing for, or in executing,
an ADB-financed Contract, the sanction of which will include but
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not be limited to the execution of the penalties set forth under the
Bid Securing Declaration or forfeiture of performance bond
whichever is applicable, depending what stage of the project when
collusion was discovered; and
(iv) will have the right to inspect the accounts and records of the
Contractor relating to the performance of the Contract and to have
them audited by auditors appointed by ADB.
2.4. ADB considers a conflict of interest to be a situation in which a party has

interests that could improperly influence that party’s performance of official
duties or responsibilities, contractual obligations, or compliance with
applicable laws and regulations, and that such conflict of interest may
contribute to or constitute a prohibited practice under ADB’s Anticorruption
Policy. In pursuance of ADB’s Anticorruption Policy’s requirement that
Borrowers (including beneficiaries of Bank-financed activity), as well as
Bidders, suppliers, and Contractors under Bank-financed Contracts,
observe the highest standard of ethics. ADB will take appropriate actions,
which include not financing of the Contract, if it determines that a conflict of
interest has flawed the integrity of any procurement process. Consequently
all Bidders found to have a conflict of interest will be disqualified. A Bidder
may be considered to be in a conflict of interest with one or more parities in
this Bidding process if, they:
(i) have controlling shareholders in common; or
(ii) receive or have received any direct or indirect subsidy from any of
them; or
(iii) have the same legal representative for purposes of a Bid; or
(iv) have a relationship with each other, directly or through common

third parties, that puts them in a position to have access to
information about or influence on a Bid of another Bidder, or
influence the decisions of ADB regarding the bidding process;
(v) have submitted more than one Bid in the bidding process, except
where alternative offers may be permitted under the Bidding
Documents; this does not limit the participation of subcontractors
in more than one Bid, or Bidders and subcontractors in more than
one Bid, or as Bidders and subcontractors simultaneously; or
(vi) have participated as a consultant in preparing the design or

technical specifications of the goods and related services or works
that are the subject of a Bid.
2.5. Penalties on Collusion by Bidders
(i) If any Bidder is found to have colluded with other Bidders to fix the
Bid prices prior to award of Contract, the Bidder will be disqualified
to bid for any future projects of ADB.
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(ii) If the collusion with other Bidders to fix the Bid prices is discovered
after award of Contract, ADB has the right to impose the following
penalties on the Successful Bidder:
(a) The Contract will be terminated by ADB immediately;
(b) The Performance Bond will be withheld by ADB and will be

called upon for deduction to meet all costs that are incurred
due to termination of the Contract and re-Bid processes;
and
(c) In addition, the Successful Bidder will be disqualified to Bid

for any future projects of ADB.
3. Bid Procedure – Please refer to the BDS
4. Cost of Bid
The Bidder will bear all the costs associated with the preparation and delivery of its
Bid, and ADB will in no case be responsible for such costs.
B. Bid Documents
5. Contents of Bid Documents
5.1. Please refer to the BDS.
5.2. The Bidder is expected to examine carefully the contents of the Bid
Documents. Bids, which are not substantially responsive to the
requirements of the Bid Documents, will be rejected.
5.3. The Bidder will fully disclose whether any of the Bidder's personnel
[including the owner, the directors, the manager(s) or any of the
employees] has been formerly connected with ADB in any capacity as a
regular or contractual staff or as a consultant. Failure to disclose this
information may be grounds for disqualifying the Bidder or for immediate
termination of the Contract with the Bidder.
5.4. The Bidder will furnish information as described in the Financial Bid Form
on commissions or gratuities, if any, paid or to be paid relating to this Bid,
and to contract execution if the Bidder is awarded the Contract.
6. Clarification on Bid Documents
Bidders requiring any clarification on the Bid Documents may notify ADB by email,
at the email address indicated in BDS. ADB will respond to any request for
clarification, provided it is received on/or before the date specified in the BDS.
Copies of ADB's response will be forwarded to all Bidders, including the
description of the inquiry.
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7. Pre-Bid Meeting and Site Inspection
7.1. The Bidder’s designated representative is invited to attend a Pre-Bid

meeting, if provided for in the BDS. The purpose of this meeting is to:
(i) answer any queries from the Bidders;
(ii) furnish all information that may be necessary for preparing the Bid
and entering into a Contract; and
(iii) provide a tour of ADB premises and facilities covered by the

Services.
7.2. Bidders are advised to send appropriate representatives to attend the Pre-
Bid meeting. Any claim by the Bidder to change the substance of the Bid
due to his failure to understand the requirements will not be entertained. A
site inspection will be held immediately after the Pre-Bid meeting. Taking
of photos during the site inspection is not allowed. After completion of the
site inspection, the Certificate of Site Inspection must be completed by
the Bidder for countersignature and confirmation of an ADB designated
representative.
8. Amendment to Bid Documents
8.1. At any time prior to the deadline for submission of Bids, ADB may for any
reason modify the Bid Documents by issuing addenda.
8.2. Any addendum issued will form part of the Bid Documents and will be
communicated in writing or by email to all Bidders. The transmittal of the
addendum to the Bidders on the email addresses or facsimile numbers
submitted will relieve ADB of its obligations to notify the Bidders of the said
addendum.
8.3. To afford prospective Bidders reasonable time to take an addendum into

account in preparing their Bids, ADB may extend the deadline for
submission of Bids.
C. Preparation of Bids
9. Composition of Bid (Bid Proposal)
9.1. TECHNICAL BID – it will consist of and be structured as specified in the

BDS.
9.2. FINANCIAL BID – It will consist of and be structure as specified in the

BDS.
9.3. The Bid Documents as herein listed will be duly completed with all entries
typed or printed in ink.
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9.4. The completed Technical and Financial Bid Forms will be without
interlineations or erasures except those required to correct errors made by
the Bidder, in which case the erasures and interlineations will be initialed by
the person or persons signing the Bid.
9.5. It is incumbent on the Bidder that when the documents mentioned above
are duly completed, they should be submitted simultaneously by the Bidder
in accordance with Clauses 16 and 17.
9.6. ADB is not bound to accept the lowest or any Bid, nor is it obliged to give
any reason for the rejection of any Bid.
10. Bid Language
The Bid and other documents including any correspondence related to the Bid will
be in the language specified in BDS.
11. Bid Currency
The rates submitted by the Bidders will be as specified in BDS. For purposes of
evaluation of Financial Bids, all Bids will be converted in US Dollar at the exchange
rate specified in the BDS.
12. Bid Price
12.1. Unless otherwise specifically stated in the Contract, the Bid prices will be
deemed to include, inter alia, (i) labor costs; (ii) use of facilities, tools and
equipment; (iii) supplies and materials including wastage; (iv) transportation
to ADB-HQ; (v) administrative, supervision and overhead expenses; (vi)
profit; and (vii) incidental expenses for the provision of the required
Services. Since ADB is exempted from paying taxes and duties under the
Articles of Agreement Establishing the Asian Development Bank (Charter)
and the Agreement between the Asian Development Bank and the
Government of the Republic of the Philippines regarding the Headquarters
of the Asian Development Bank (Headquarters Agreement) the Bidder will
calculate its prices for the service items exclusive of all applicable taxes.
12.2. The Bid price offered in the Financial Bid Form will be for full execution of
the Services in every respect. The Bidder will be deemed to have taken
account of all the requirements, whether expressed or implied, covered by
all parts of the Bid Documents and other stipulated documents, and to have
priced the items in the Bid Form accordingly.
12.3. The Bid price under the terms and conditions specified in the Contract will
be deemed to be firm and fixed. No claim for adjustments in the contract
prices based on the Bids will be considered by ADB for any change in
foreign exchange rate, for any increase in wage rates, for any escalation
costs of office materials and supplies. Any such change, increase or
escalation will be deemed to have been taken into account and included in
the Bid price.
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13. Bid Validity
13.1. The Bid will remain valid for the period specified in the BDS after the Bid
submission deadline date prescribed by ADB. A Bid valid for a shorter
period will be rejected by ADB as non-responsive.
13.2. Prior to the expiry of the Bid validity period, ADB may request the Bidder for
a specified extension in the period of Bid validity. A Bidder may refuse the
request or agree to the request without modifying the original Bid. The
request from ADB and responses by the Bidder will be made in writing.
14. Bid Security
ADB will waive the Bid security requirement, provided the Bidder signs the Bid
Securing Declaration (Appendix 9) accepting that, if the Bidder withdraws or
modifies its Bid during the period of validity, or the Bidder is awarded the Contract,
and it fails to sign the Contract or submit a Performance Bond in accordance with
Clause 28, then the Bidder will be disqualified from bidding in any or all future
Contract with ADB.
15. Bid Signing
A person or persons (in case of Joint Venture) duly authorized to bind the Bidder
to the Contract will sign the Bid. Proof of authorization will be furnished in the
form of a Secretary’s Certificate or Written Power of Attorney which will
accompany the Bid. The name and position held by each person signing the
authorization and the duly authorized person or persons must be typed or
printed below the signature. All pages of the Bid, except for un-amended
printed literature, will be signed or initialed by the person signing the Bid.
Failure to do so will be grounds for disqualification of the Bidder.
D. Bid Submission
16. Sealing and Marking of Bids – Please refer to the BDS
17. Deadline for Submission of Bids
Sealed Bids, should reach ADB not later than the date and time indicated in the
BDS. The Bids should be sent by courier mail or hand-carried to the attention of
Unit Head, Procurement and Contracts Administration, Office of Administrative
Services, 4th Floor, Room 4532C, Asian Development Bank, 6 ADB Avenue,
Mandaluyong City, 1550 Metro Manila, Philippines.
18. Late Bids
ADB will not consider any Bid that arrives after the deadline for submission of
Bids, in accordance with Clause 17. Any Bid received by ADB after the deadline
for submission of Bids will be rejected and returned unopened to the Bidder.
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19. Modification and Withdrawal of Bids
19.1. The Bidder may modify or withdraw its Bid after Bid submission, provided
that written notice of the modification or withdrawal is received by ADB,
prior to the deadline for the submission of Bids. The Bidder’s modification
or withdrawal notice will be prepared, sealed, marked and delivered in
accordance with the provisions of Clauses 16 and 17 with the envelope
additionally marked “MODIFICATION” or “WITHDRAWAL,” as
appropriate.
19.2. No Bid may be modified subsequent to the deadline for submission of Bids.
19.3. No Bid may be withdrawn in the interval between the deadline for
submission of Bids and the expiration of the period of Bid validity
specified by the Bidder on the Bid Form.
E. Bid Opening and Evaluation
20. Bid Opening – Please refer to the BDS
21. Bid Evaluation
21.1. To assist in the examination, evaluation and comparison of Bids, ADB

may, at its discretion, ask any Bidder for clarification of its Bid. The
request for clarification and response will be in writing or by email.
Clarification on the Bidder's technical capability may also be done by way
of inspecting Bidder's company premises and/or visits to one or more of
the Bidder’s clients by ADB's representatives. The Bidder should provide
full cooperation if ADB deems necessary to do so.
21.2. Subject to Clause 21.1, no Bidder will contact ADB on any matter relating
to its Bid from the time of the Bid opening to the time the Contract is
awarded. If the Bidder wishes to bring additional information to the notice
of ADB, it should do so in writing.
21.3. Any effort by the Bidder to influence ADB in ADB’s Bid evaluation, Bid
comparison or contract award decisions may result in: (i) the rejection of
the Bidder’s Bid; and (ii) disqualification of the concerned Bidder to Bid for
future procurement by ADB.
21.4. ADB will undertake a post qualification review of each Bidder based on
the qualification criteria indicated in Clause 2. Bids submitted by the
Bidders who meet the qualification criteria will be considered by ADB for
further bid evaluation. Bids, which do not meet the qualification criteria, will
be rejected.
21.5. ADB will determine whether each Bid submitted by a qualified Bidder is
(i) properly signed; (ii) the same name of company invited to participate in
the Bidding; (iii) substantially responsive to the requirements of the bid
documents; (iv) arithmetic errors in computation were made in the bids;
and (v) the Bids are otherwise generally in order. ADB may, based on
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factual justification and in consideration of requirements for competition and
transparency, waive minor and/or administrative deficiencies in Bidders’
submissions.
21.6. A Bid that is not substantially responsive to the Bidding documents or

contains inadmissible reservations will be rejected. A Bid will be rejected if
it is determined to contain an omission or misrepresentation that is
determined by ADB, to amount to an integrity violation of ADB’s
Anticorruption Policy.
21.7. Technical Bids will be evaluated based on the Evaluation framework

indicated in the BDS. A substantially responsive Bid is one that conforms
to all terms, conditions and specifications of the Bid Documents without
material deviation or reservation. A major deviation would normally occur
when (i) the scope, quality or performance of the Services offered
substantially differ from the Bid Documents; (ii) the Bid offer limits in any
substantial way, ADB's rights or the Bidder's obligations under the
Contract; or (iii) any rectification would unfairly affect the competitive
position of other Bidders with substantially responsive Bids. A major
deviation will result in the rejection of the Bidder’s Bid.
21.8. Only Financial Bids of the technically compliant Bids will be considered in
the financial evaluation. Bidders who do not conform to the specified
requirements will be rejected as deficient and non-responsive Bids and will
not be included in the financial evaluation. For evaluation and comparison
purposes, the currency of the Bid will be converted into a single currency
specified in the BDS.
21.9. In case of discrepancies between price given in words and that given in
figure for the same item, the prices given in words will prevail. Arithmetical
errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price per item that is obtained by
multiplying the unit price and quantity, the unit price will prevail and the total
price per item will be corrected. If there is a discrepancy between the total
amount stated in the Financial Bid Form and the sum of the total price per
item, the sum of the total price per item will prevail and the total amount will
be corrected.
21.10. If the Bidder does not accept the corrected amount of Bid as per Sub-
Clause 21.9, its Bid will be considered as withdrawn, and the Bidder will be
disqualified to Bid for any future projects of ADB.
22. Non-conformities, Errors and Omissions
22.1 Provided that a Bid is substantially responsive, ADB may waive any non-
conformity or omission in the Bid that does not constitute a material
deviation.
22.2 Provided that a Bid is substantially responsive, ADB may request that the
Bidder submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial non-conformities or
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omissions in the Bid related to documentation requirements. Such omission
will not be related to any aspect of the price of the Bid. Failure of the Bidder
to comply with the request may result in the rejection of its Bid.
F. Award of Contract
23. Award
23.1. Following the post qualification review, technical evaluation and financial
evaluation of each Bidder, the Bidder that submitted the lowest evaluated,
substantially responsive and complying Bid will be selected.
23.2. Subject to Clause 24, ADB will award the Contract to the Bidder that
submitted the lowest evaluated, substantially responsive and complying
Bid.
23.3. During the Bid evaluation, ADB reserves its right to negotiate the prices
with a view to obtain the best value for money for ADB.
24. ADB's Right to Accept or Reject Any Bid
ADB reserves the right to accept or reject any Bid, and to annul the Bidding
process and reject all Bids at any time prior to award of Contract, without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform
the affected Bidder or Bidders of the grounds for ADB's action.
25. Notification of Award
25.1. ADB will notify the successful Bidder by a Letter of Acceptance of Bid
(Appendix 10) that its Bid has been accepted.
25.2. The Letter of Acceptance of Bid, together with the Bid, will form a contract
between ADB and the successful Bidder, until the Contract has been
effected pursuant to Clause 27.
26. Transition Period
A one-month transition period will start at the commencement of Services. Key

personnel of the successful Bidder are required to come to ADB for
familiarization on the service requirement. The number of personnel will
gradually increase to the desired number of full personnel complement within the
one month period.
27. Execution of the Contract
27.1. The Bidder to whom the Contract is awarded is required to enter into and
execute a Contract Agreement (Appendix 12) in accordance with the form,
conditions and requirements in the Bid Documents, and to furnish the
required Performance Bond, Comprehensive General Liability Insurance
and other stipulated documents within fifteen calendar days from the date
the Bidder receives ADB's Letter of Acceptance of Bid.
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27.2. ADB, as necessary, may include among the conditions of contract
requirements that Bidders, suppliers, consultants, contractors, service
contractors and concessionaires will allow ADB to:
(i) inspect their accounts and records and other documents relating to
the submission of Bids and contract performance and have them
audited by auditors appointed by ADB;
(ii) require them to respond to questions or to produce any document

necessary for the investigation of allegations of integrity violation;
(iii) require their employees or agents to respond to questions or

produce any document necessary for the investigation of
allegations or integrity violation; and
(iv) require them, as well as their employees or agents, to report to the

Office of Anticorruption and Integrity (OAI) suspected integrity
violations of which they have knowledge or become aware in
relation to the Bidding process, negotiation, or execution of a
contract.
27.3. If the successful Bidder refuses or fails to enter into Contract Agreement
within the stipulated time, the Bidder will be disqualified to Bid for any future
projects of ADB.
28. Performance Bond
28.1. The successful Bidder will post a Performance Bond in favor of ADB in the
amount specified in the BDS to guarantee its faithful performance of the
Contract. The Performance Bond, payable in the currency of Bid or
Philippine Peso, will be in the proforma attached herewith (Appendix 11).
28.2. Failure of the successful Bidder to submit to ADB the required Performance
Bond will constitute sufficient ground for annulment of the award and shall
be disqualified to bid for any future projects of ADB.
29. Notice to Proceed
After the Contract has been entered into, ADB will issue a Notice to Proceed. The
effectivity of the Contract is indicated in the BDS.
30. Special Character of ADB
The Bidder's special attention is drawn to the special character of ADB as an

international financial institution with status, privileges and immunities as
established under the Charter and the Headquarters Agreement. The Bidder is
advised to study these documents, copies of which are available from ADB free of
charge, during normal office hours, in order to assess his or her rights and
obligations under the Contract.
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31. Confidentiality/Non-disclosure
31.1. The information contained in this Bid Documents, or accumulated through

other written or verbal communications, is confidential. It is for
information purposes only, and is not to be disclosed or used for any
other purpose. All information contained herein is private and is protected
by law.
31.2. Information received in response to this Bid Documents will be held in

strict confidence, and will not be disclosed to any party other than ADB
without written consent. A non-disclosure agreement can be arranged, if
requested.
32. Warranty Coverage
32.1 The Bidder should include a warranty period of at least two (2) years
starting from the date of installation acceptance. Warranty should cover
parts and labor.
32.2 The Bidder will state the extent of warranty and local or alternative
support it can provide in addition to the ADB’s minimum requirements.
The Bidder will specify in detail the components that are covered under
this warranty and the circumstances by which this warranty is honored.
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BID DATA SHEET
This section consists of provisions that are specific to each procurement and
supplement the information or requirements included in the Instructions to Bidders.
ITB Amendments of, and Supplements to, Clauses in the ITB

Clause
Asian Development Bank (ADB) is a multilateral development finance institution

1.1
headquartered in Manila, Philippines. For further information, please refer to
www.adb.org.
ADB issues this Bidding Document for the DESIGN, SUPPLY,
INSTALLATION, TESTING, COMMISSIONING, AND TOTAL SERVICE
MAINTENANCE OF TWO (2) UNITS 200-kVA UNINTERRUPTIBLE POWER
SUPPLY (UPS) SYSTEM.
Each Bidder will submit only one Bid either by himself, or as a partner in a joint
3.
venture. A Bidder who submits or participates in more than one Bid will be
disqualified.
A Single Stage—One Envelope Bidding procedure will be followed wherein
Bidders submit Bids in one envelope containing both Technical and Financial
Bids (refer to Clause 16).
The envelopes are opened in public at the address, date and time specified by
ADB (refer to Clause 20).
The Bids are evaluated and the Contract is awarded to the Bidder that submitted
the lowest evaluated, substantially responsive and complying Bid.
In addition to the Instructions to Bidders, the Bid Documents are composed of

5.1
following documents, which should be read in conjunction with any addendum
issued in accordance with Clause 8:
(i) Work Performance Statement — Appendix 1
(ii) Service Level Agreement — Attachment 3 to WPS
(iii) Technical Bid Form — Appendix 2
(iv) Technical Bid Requirements — Appendix 3
(v) Technical Bid Proposal Form — Appendix 4
(vi) Technical Evaluation Criteria — Appendix 5
(vii) Financial Bid Form — Appendix 6
(viii) Schedule of Bid Prices — Appendix 6.1
(ix) Certificate of Site Inspection — Appendix 7
(x) Secretary’s Certificate — Appendix 8
(xi) Bid Securing Declaration — Appendix 9
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Clause
(xii) Letter of Acceptance of Bid — Appendix 10
(xiii) Performance Bond Form — Appendix 11
(xiv) Contract Agreement Form — Appendix 12
(xv) Bidders Information Sheet — Appendix 13
(xvi) Joint Venture Data — Appendix 14
(xvii) List of ADB Eligible Member Countries — Appendix 15
Bidders may notify any of the following:

6.
(i) Jojo Tiangco: jtiangco@adb.org
(ii) Michael B. Albano: malbano@adb.org
Deadline for submitting requests for clarification is on 28 April 2016.
A Pre-bid meeting will take place at the following date, time and place:
7.1
Date: 25 April 2016
Time: 2:00 P.M.
Place: Room 3256W, Asian Development Bank, 6 ADB Avenue,
Mandaluyong City, 1550 Metro Manila, Philippines
After completion of the site inspection, the Certificate of Site Inspection

7.2
(Appendix 7) must be completed by the Bidder for countersignature and
confirmation of an ADB designated representative.
The Bidder shall conduct site visit (i) to assess, evaluate and verify the existing
condition in preparation of for his design and installation work, and (ii) make all
necessary field measurements to verify that equipment shall fit in allocated space
in full compliance with minimum required clearances specified in National
Electrical Code.
The Technical Bid will be composed of the following:

9.1
(i) Completed Technical Bid Form (Appendix 2);
(ii) Completed Technical Bid Proposal Form (Appendix 4);
(iii) Completed Certificate of Site Inspection (Appendix 7);
(iv) Secretary’s Certificate or Written Power of Attorney (Appendix 8). Furnish
a Notarized authorization letter stating the name and official position held
by the person authorized to sign the Bid and the formal Contract for the
Bidder. The person authorized to sign the Bid should also sign the
conforme in the certification. In case of a joint venture, each party to the
joint venture will sign the notarized authorization letter (under joint and
several liability);
14
Clause
(v) Completed Bid Securing Declaration (Appendix 9);
(vi) Completed Bidder’s Information Sheet (Appendix 13);
(vii) Completed Joint Venture Data (Appendix 14), if applicable; and
(viii) Joint Venture Commitment – In case of a joint venture, provide the official
joint venture agreement or a written confirmation signed by all joint venture
parties (under joint and several liability), duly notarized, stating that in case
of award of Contract, the parties will enter into a joint venture agreement
and accept joint and several liability for all obligations under the Contract.
The Financial Bid will be composed of the following:

9.2
(i) Completed Financial Bid Form (Appendix 6); and
(ii) Schedule of Bid Prices (Appendix 6.1).
10. The Bid language is in English.
The rates will be quoted in Philippine Pesos or any acceptable currency of an

11.
ADB member country. The rates of exchange will be the ADB Oracle GL Daily
rates of 17 May 2016 (date of Bid submission).
The Bid validity period will be sixty (60) calendar days from bid submission
13.1
deadline.
The Bidder will prepare one original copy of the Technical and Financial Bids and
16.
clearly mark each “ORIGINAL COPY—TECHNICAL BID” and “ORIGINAL
COPY—FINANCIAL BID”. In addition, the Bidder will prepare one duplicate copy
of the Technical and Financial Bids and clearly mark each “DUPLICATE COPY—
TECHNICAL BID” and “DUPLICATE COPY—FINANCIAL BID”. In the event of
discrepancy between the original copy and duplicate copy, the original copy will
prevail.
The Bidder will enclose the original copy and duplicate copy of the Technical and
Financial Bids in separate sealed envelopes, duly marking the envelopes as
“ORIGINAL COPY—TECHNICAL BID”, “ORIGINAL COPY—FINANCIAL BID”,
“DUPLICATE COPY—TECHNICAL BID” and “DUPLICATE COPY—
FINANCIAL BID”, as appropriate. These envelopes will be enclosed in one
envelope.
The outer envelope will:
(i) bear the name and address of the Bidder:

NAME AND ADDRESS OF THE BIDDER
15
Clause
(ii) be addressed and submitted to:
Unit Head, Procurement and Contracts Administration
Office of Administrative Services
4th Floor, Room 4532C, Asian Development Bank
1550 Metro Manila, Philippines
Fax No. (632) 636-2577 / Tel No. (632) 632-4444
(iii) bear the following identification:
“SEALED BID FOR THE DESIGN, SUPPLY, INSTALLATION, TESTING,

COMMISSIONING, AND TOTAL SERVICE MAINTENANCE OF TWO (2)
UNITS 200-kVA UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM.
DO NOT OPEN BEFORE 2:00 P.M. OF 17 MAY 2016”
If the envelopes are not sealed and marked as required, ADB will assume no
responsibility for the misplacement or premature opening of the Bid.
17. The deadline for submission of Bid is on 2:00 P.M. of 17 May 2016.
ADB will open the Technical and Financial Bids, including modifications made
20.
pursuant to Clause 19, in the presence of Bidder’s representatives who choose to
attend at 3:00 P.M. of 17 May 2016 at the following location: Room 41029NW,
Asian Development Bank, 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila,
Philippines. The Bidders should check with ADB’s receptionist whether there is
any change of the Bid-opening venue. The Bidder’s representatives who are
present will sign a register evidencing their attendance.
Envelopes marked “WITHDRAWAL” will be opened and read out first. Bids, for
which an acceptable notice of withdrawal has been submitted, pursuant to
Clause 19, will not be opened.
The envelopes holding the Technical and Financial Bids will be opened and
following read out and recorded: name of the Bidder and whether there is
withdrawal, substitution or modification; the presence of Bid Securing
Declaration; and other details as per Clause 9. Only Bids read out and recorded
at the Bid opening will be considered for evaluation. No Bids will be rejected at
the opening of Bids except for late Bids, in accordance with Clause 18.
ADB will prepare a record of the opening of the Technical and Financial Bids that
will include, as a minimum: the name of the Bidder and whether there is
withdrawal, substitution or modification; the presence of Bid Securing
Declaration; and other details as per Clause 9. The Bidder’s representatives who
are present will be requested to sign the record. The omission of a Bidder’s
signature on the record will not invalidate the contents and effect of the record. A
16
Clause
copy of the record will be distributed to all Bidders.
ADB will notify Bidders in writing who have been rejected on the grounds of being
non-responsive and deficient to the requirement of the Bidding Documents.
Technical Bids will be evaluated based on a “Pass/Fail” Evaluation framework

21.7
established by ADB in the Technical Evaluation Criteria (Appendix 5). Bidders
must pass all the criteria defined in the Technical Evaluation Criteria to be
considered as technically compliant and qualify for the Financial Bid evaluation.
For evaluation and comparison purposes, the currency of the Bid will be
21.8
converted to: US Dollars.
The source of exchange rate will be: ADB Oracle GL Daily Rates.
The date of exchange rate will be: 17 May 2016 (date of Bid submission)
The Performance Bond will be in the amount equivalent to 100% of the total
28.1
Contract amount.
The commencement date of the services is on 27 June 2016. This date is

29.
subject to change.
The equipment and related works shall have a warranty of two (2) years from the
32.
date of installation acceptance. The UPS module shall be covered by a full parts
and labor warranty from the manufacturer for a period of two (2) years from date
of installation or acceptance by the owner. All defective parts shall be replaced
free of charge within the warranty period
All batteries shall have a warranty of two years from the date of installation. The
manufacturer’s standard warranty for batteries must be turned-over to ADB after
the testing and commissioning of the system.
17
Appendix 1

WORK PERFORMANCE STATEMENT

1.0 GENERAL SCOPE OF WORK AND DESIGN BRIEF
1.01 GENERAL SCOPE OF WORK
a. The Contractor shall supply and install two (2) units of 200 kVA UPS, 380v/380v
input/output, 60 Hz, three phase, four wire plus ground, complete with isolation input
transformer, distortion control unit, battery bank and necessary control logic (Refer to
Attachment 1) for the complete functional equipment operation as required in this
specification/work performance statement.
b. Supply and installation of all engineering works, including design, testing and
commissioning of static UPS in accordance with this specification and electrical
drawings/diagrams to provide continuous, regulated AC power to critical loads under
normal and abnormal conditions, including loss of the utility AC power.
c. The Contractor shall prepare the design layout and arrangement of all the equipment,
devices and accessories to be installed and have them approve by ADB engineer for
final implementation.
d. The Contractor shall provide a detailed engineering design layout of the UPS in
conformance with ADB General Design Brief, Product Specifications (Attachment 1),
layouts and diagrams (Attachment 2: Drawing nos. ECDI-EE-102 Sht. # 1 to Sht no. 3).
The Contractor shall provide all the necessary shop drawings and plans for ADB’s
approval prior to the installation. The design shall include all computations and criteria
considered for the sizing of wires, breakers and bus bars capacity. All electrical plans
and design drawings shall be signed and sealed by a Professional Electrical Engineer.
e. The Contractor shall provide a detailed schedule of work indicating every phase of work
and number of hours and days required to complete the project.
f. The Contractor shall secure work permit from the Shift Engineering Office before
proceeding with all phase of work on a daily basis.
g. The Contractor shall secure ADB engineer’s approval for all works required in interfacing
with the existing system before executing this phase of work.
h. The Bank is a certified ISO 14001 and OHSAS 18001 institution. The Contractor shall
comply with all the provisions and requirements in the course of implementing the
project. All technicians and workers are required to attend an orientation on best
practices prior to the start of the installation works.
Page 1 of 9

Appendix 1

i. All electrical works and materials shall be new and shall comply with the latest applicable
standards, specifications, or codes published by the Philippine Electrical Code, National
Electrical Code of USA, and IEEE.
j. The Contractor shall dismantle all existing equipment (UPS and Transformers), electrical
cables and conduits, devices and other materials that are needed to be replaced and
removed as a result of new design requirement (Refer to electrical drawings and
diagrams). All dismantled equipment, devices and materials shall be hauled by the
Contractor to the designated location by ADB.
k. The installation shall be tested and commissioned in accordance with the established
standards and shall be done under the supervision of a Professional Electrical Engineer.
The Contractor shall provide the benchmark or standard limits for all tests that will be
performed. The Contractor shall provide all the necessary tools and instruments to
complete the testing and commissioning of the system. All tests shall be performed and
done in the presence of an ADB’s Electrical Engineer/Facilities Management Staff. All
test reports shall be signed and sealed by a Professional Electrical Engineer.
1.02 SYSTEM DESIGN BRIEF
a. The new UPS shall serve as main power supply to a group of Data Center loads as
connected to the Power Distribution Boards (PDU-1 and PDU- 2). One unit 200 kVA
UPS (UPS-1) shall supply power to PDU-1 and another 200 kVA UPS (UPS-2) shall
Supply power to PDU-2 respectively. In the event that UPS-1 malfunction/fails and
cannot supply power to PDU-1, UPS-2 shall be capable of automatically absorbing the
load as per redundant Data Center equipment power supplies (Attachment 2: Drawing
nos. ECDI-EE-102 Sht. # 1 to Sht no. 3). Same scenario shall be effected if UPS-2 fails.
b. The UPS system shall consist of rack-mounted N+1 redundant, scalable array
architecture. The system shall utilize 20 to 25 KVA power modules and shall be capable
of supplying a full load capacity of 200 kVA. The UPS system shall be expandable to
250 kVA capacity in the future. The UPS system shall facilitate the replacement of
defective UPS power modules while the system remains in normal operation, without
transferring the load to bypass (hot-swappable).

c. The UPS hot-swappable modules shall contain a fully rated power factor corrected input
rectifier/converter, a fully rated output inverter, battery charging circuit and field
replaceable fans. The system shall be provided with a hot swappable bypass static
switch modules, redundant control modules and redundant logic power supplies, and
touch screen user interface display.

d. The AC output of the UPS-1 and UPS-2 system shall be connected to the Power
Distribution Units (PDU-1 and PDU-2) where critical loads are connected. The batteries
shall be connected to the DC input of the UPS power modules. The UPS batteries shall
be arranged in two banks for each set of 200 kVA UPS and shall be configuration so that
either bank can be taken out of service for replacement through a battery circuit breaker
without affecting the UPS operation.
Page 2 of 9

Appendix 1

e. Proprietary software or external interface devices shall not restrict maintenance and
servicing of UPS. Factory trained service provider shall be capable of performing
maintenance and repair of the UPS during the warranty period. Calibration and
diagnostics of the UPS shall be performed either remotely or thru the front display and
shall be facilitated thru programmable parameters.
f. The equipment supplied shall include all hardware interface devices and/or software
required to repair, adjust and maintain the UPS system. Customer representatives shall
be given comprehensive training on the software application.
g. The Contractor may modify the schemes presented in the drawing base on the
manufacturer’s recommendation for the purposes of improving the operational functional
requirement. Detailed operating features indicating its advantages over the design
presented shall be emphasized.
1.03 SUBMITTALS
Manufacturer shall provide five (5) copies of following documents to ADB for review and
approval.
a. Equipment Catalog with all the required specification details.
b. Shop Drawings: Submit shop drawings for each product and accessory required
including product data, installation information, equipment front view, and plan view,
weights, and dimensions, terminals for power and control connections.
c. Electrical wiring diagrams detailing power, signal, and control systems, clearly
differentiating between manufacturer-installed wiring and field-installed wiring, and
between components provided by the manufacturer and those provided by others.
d. Operation and maintenance manuals, including, but not limited to, safe and correct
operation of UPS functions. Operations and Maintenance Manual shall include at least
the following.
i. General information.
ii. Safety precautions.
iii. Installation instructions.
iv. Operating instructions.
v. Certified factory UPS test report or equivalent.
vi. After Installation of Equipment: A signed service report describing start-

up and on-site testing shall be furnished after start-up of the equipment.
Page 3 of 9

Appendix 1

e. Submit Installation manual, including instruction for storage, handling, check list and
preparation for UPS start-up.
f. Bill of Material aside from UPS equipment for the complete system installation.
1.04 QUALITY ASSURANCE
a. The manufacturer shall have a quality assurance program with checks on incoming
parts, modular assemblies and final products. This quality program shall meet ISO-9001
requirements.
b. The UPS module shall be “burned-in” without failure for minimum of eight hours. This
activity can be conducted at supplier’s plant in the presence of ADB engineer.
c. A final test procedure for the product shall include a check of performance specifications
after the installation is completed.
d. An on-site test procedure shall include a check of controls and indicators after
installation of the equipment.
1.05 DELIVERY, STORAGE, AND HANDLING
a. Delivery of equipment to the Project site shall be in Contractor’s or manufacturer’s

original wrappings and containers, labeled with Contractor’s or manufacturer’s
name, material or product brand name, and lot number, if any.
b. Contractor shall store equipment/materials in their original, undamaged packages

and containers, inside a well-ventilated area protected from weather, moisture,
soiling, extreme temperatures, and humidity prior to the installation schedule.
1.06 PROJECT CONDITIONS (SITE ENVIRONMENTAL CONDITIONS)
a. UPS shall be located in well-ventilated areas, free from excess humidity, dust and dirt
and away from hazardous materials.
b. The UPS shall be designed for indoor installation with ambient temperatures from 32° -
104°F (0 - 40°C), 77°F ±5°F (25°C) for the battery and relative humidity from 0 - 95%
non-condensing.
c. The UPS shall be designed for operation at an altitude of up to 1000 meters (3281 feet)
without derating. For installation altitudes above 1000 meters (3281 feet), derating shall
be in accordance with IEC standard 62040.
1.07 WARRANTY
a. The equipment and related works shall have a warranty of 24 months from the date of
installation acceptance. The UPS module shall be covered by a full parts and labor
warranty from the manufacturer for a period of 24 months from date of installation
Page 4 of 9

Appendix 1

acceptance by ADB. All defective parts shall be replaced free of charge within the
warranty period.
b. All batteries shall have warranty of two years from the date of installation acceptance.
The manufacturer’s standard warranty for batteries must be turned-over to ADB after the
testing and commissioning of the system.
c. During the warranty period, PMS of the UPS and batteries shall be conducted by the
Contractor quarterly from the date of installation acceptance, free of charge to the ADB.
d. The Contractor shall replace free of labor and material/s charge/s and cost/s any
identified defective materials/spare parts delivered and installed by them within the
warranty period.
2 EXECUTION
2.01 EXAMINATION
a. Contractor shall verify that UPS modules are ready for installation and free from any
physical damage.
b. Contractor shall verify electrical system specifications are correct and field
measurements are in accordance with the drawings and per manufacturer’s
standards.
c. Contractor shall verify that all required utilities are available, in proper location and
ready for use.
2.02 INSTALLATION
a. Contractor shall furnish and install the UPS completely and leave them ready for
operation as required in the drawings and specification.
b. The equipment shall be installed in accordance with the manufacturer's

recommendations and national electrical codes.
2.03 FIELD QUALITY CONTROL
The equipment shall be commissioned and energized by an authorized

representative of the equipment manufacturer. A signed service report shall then be
submitted after equipment is place in operation to initiate the warranty.
2.04 ADJUSTING
a. Refer to manufacturer's instruction book to make adjustments to circuit breakers, as
required.
b. Set trip units per Engineer's recommendations.
Page 5 of 9

Appendix 1

2.05 UPS TRAINING WORKSHOP
A UPS training workshop shall be conducted by UPS Manufacturer arranged by the

Contractor (if different from the UPS Manufacturer). The training shall include a
combination of lecture and practical instruction with hands-on operational session. The
training shall include instruction for safety procedures, UPS operational theory, sub-
assembly identification and function, system controls, adjustments, preventive
maintenance and trouble shooting.
3 TOTAL SERVICE MAINTENANCE
3.01 GENERAL
a. The quarterly preventive maintenance shall be scheduled on pre-arranged dates.
b. The Contractor shall only accept instructions from the Head, Facilities Planning and
Management Unit, Facilities and Asset Management Division, Office of
Administrative Section (OAFA-FM) through its authorized representatives.
c. The Contractor shall coordinate all works with the ADB authorized representatives. A
work permit shall be secured from the Senior Engineering Officer before starting any
work.
d. The Contractor shall perform all the Services free from defects of materials and
workmanship. All works and consumable materials or spare parts used that are not
covered by the Contract shall have a warranty of at least sixty (60) days, from the
completion of the preventive or corrective maintenance as indicated in the service
report.
e. ADB has the right to reject any repaired item if in its evaluation the repair works is
unsatisfactory. The Contractor shall shoulder all the cost for labor, materials and
parts of any re-work due to poor workmanship or its mistake.
f. The Contractor shall maintain the equipment servicing records and histories and
should be readily available upon the request of ADB.
g. The Contractor shall respond to administrative service calls, e-mails or written

communications within 48 hours after receiving the said calls, emails or written
communications.
h. The Contractor shall seek outside service provider who can repair the equipment, if
they failed to sort out any problem of the equipment for any reason.
i. The Contractor shall turn-over all replaced non-usable parts to ADB’s Asset
Management and Commercial Services Unit (OAFA-AC) through the Head, OAFA-
FM for proper disposal.
Page 6 of 9

Appendix 1

j. The Contractor shall provide ADB with the contact numbers of its engineer/s on duty
or available for emergency call in the form of cellular phone numbers.
k. The Contractor shall conduct inspection of the facilities and report any defects noted.
The Contractor shall sort out the defects within the scope of its Service. Otherwise,
the defects shall be referred to another service provider following an established
procedure. Likewise, the Contractor shall sort out defects that concern its Service as
reported by the other parties.
l. The Contractor shall keep on stock all spare parts for the UPS. If the required spare
parts to place the defective unit to normal operating condition are not immediately
available, the Contractor shall provide a stand-by service unit at the site that can be
used when the need arises at no additional cost to ADB.
3.02 QUARTERLY PREVENTIVE MAINTENANCE SERVICING
a. The Contractor shall submit a service proposal for the regular routine quarterly
preventive maintenance of the equipment which ADB may accept or modify.
b. The Contractor shall conduct routine servicing of the Facilities in compliance with the
manufacturer’s recommendations and service manual criteria. Servicing, as herein
defined, includes all preventive and scheduled maintenance involving works that may
be required to ensure the safe and continuous operational efficiency between
scheduled maintenance. Operational efficiency of the ADB facilities is defined as the
degree of efficiency warranted by the manufacturer.
c. The Contractor shall execute Preventive Maintenance of the UPS in the presence of
ADB representative. PM of the modular hot-swappable UPS shall conducted without
clean power interruption to the critical loads. Each module shall be service one at a
time until all components are completed.
d. The Contractor, in cases of emergency decommission/shutdown of the equipment, is

required, that the equipment shall be serviced in accordance with the manufacturer’s
servicing and maintenance procedures and ADB Safety Rules and Procedures. After
the completion of the preventive maintenance, the equipment shall be put back on
line.
e. The Contractor shall notify ADB immediately when any of the UPS become or is
likely to become inoperable. The notice should be in writing and shall state the cause
or probable cause of the malfunction and shall indicate the time required to correct
the malfunction.
f. The Contractor shall submit to ADB reports covering all unusual, abnormal or
dangerous matters with respect to the service. Equipment covered by these reports
shall be decommissioned or remain out of service as the case may be until such time
a written clearance has been provided by the Contractor for the equipment to be
returned to service.
Page 7 of 9

Appendix 1

g. The Contractor shall prepare and submit a comprehensive service report within
seven (7) days following the end of each servicing. The report shall include, among
others, all the works done, parts replaced, findings, observations and
recommendations, if any.
h. The Contractor shall execute all works in the best thorough manner under the
supervision and direction of a qualified registered service engineer and certified
technicians who are familiar with the established applicable codes and standards.
The Contractor’s engineer shall discuss the service results and problems with the
ADB authorized representatives.
3.03 CORRECTIVE MAINTENANCE CALLS
The Contractor shall have a local service organization available, consisting of competent
factory-trained field service personnel to perform start-up, preventative maintenance,
and service of the UPS equipment.
The Contractor shall be able to provide a twenty-four (24) hours, seven (7) days a week,
including holidays1, emergency service visits for corrective maintenance or breakdown
calls. As such, the Contractor is expected to respond to corrective maintenance calls on-
site within 4 hours after receiving the call. The Contractor shall restore the system to
normal operation within 12 hours. Contact person and corresponding telephone numbers
shall be provided to ADB engineers.
The works to be done are the following:
1. Check-up and assess the nature and extent of the problem.
2. Submit a failure analysis report within 48 hours after completing the

Inspection/checking of the equipment that failed.
3. Perform all the necessary corrective actions, including the replacement of all
defective parts, components, or devices in order to restore the unit to normal
operating condition.
4. Prepare a service report after completing the corrective/repair maintenance. A copy

of the initial report shall be provided to ADB. A formal and more detailed report shall
be submitted within seven (7) days. The report shall include among others the
component that failed, all relevant information relating to the failure, the cause of the
failure, the restoration of the equipment and the recommendations proposed to
prevent or minimize the recurrence of the failure.

1
The following days shall be observed as holidays: New Year’s Day - 1 January; Maundy Thursday - According to calendar; Good
Friday - According to calendar; Labor Day - 1 May; Independence Day - 12 June; All Saint’s Day - 1 November; Bonifacio Day - 30
November; Christmas Day - 25 December; Rizal Day - 30 December; and Bank Holiday - 31 December.
Page 8 of 9

Appendix 1

3.04 SPARE PARTS
The Contractor shall provide a list of spare parts and their useful life and warrants the
availability and compatibility of replacement parts for the next seven (7) years.
4 GENERAL POLICIES
a. Safety shall not be compromised at all times.
b. All electrical works and materials shall comply with the latest applicable standards,
specifications, or codes published by the Philippine Electrical Code, the National
Electrical Code of USA., codes published by the professional Institutions or local or
national government governing bodies.
c. ADB is certified ISO 14001 and OHSAS 18001 institution. The Contractor shall
comply with all the provisions and requirements in the course of implementing the
Contract.
d. All Contractor’s personnel shall wear ADB issued ID cards when they enter and while
inside the ADB premises. No Contractor’s personnel shall be allowed to stay in the
ADB premises for more than 30 minutes after each tour of duty.
e. The Contractor’s personnel must strictly adhere to the “No Smoking” policy of ADB.
Chewing gum while on duty and inside the premises are prohibited.
f. Sleeping while on duty is not allowed. Eating is likewise not allowed anywhere in
ADB Premises except in the dining area.
g. The Contractor shall perform the housekeeping of Facility spaces including

workshops and other areas where work is being done or has been done.
5 CONSUMABLE MATERIALS
The Contractor shall provide all the necessary consumable materials like rags, cleaning
materials and other servicing materials required in accomplishing the services at site.
6 TOOLS AND INSTRUMENTS
The Contractor shall provide its own tools, portable equipment including extension cords
and personal protective equipment in accomplishing the services at site.
7 SERVICE QUALITY CONTROL AND PERFORMANCE MEASURES
The performance of the Contractor shall be measured on a quarterly basis, based on

their compliance to the Service Level Agreement as provided in Attachment 3.
Page 9 of 9

Attachment 1 to WPS
PRODUCT SPECIFICATIONS
1.01 GENERAL
a. Furnish and install the 2 x 200 kVA UPS and required protective device, electrical
cables and accessories to complete the operational requirement as required in
supporting specification and drawings.
b. Basis of Design: The UPS system shall be modular, hot swappable design comprising
of smaller unit of UPS power modules and related control, protective devices and
related accessories.
1.02 COMPONENTS
Refer to Drawings for actual layout and location of equipment and components; current
ratings of devices, bus bars, voltage ratings of devices, and other required details. The
Contractor may modify the given design and ratings per manufacturer’s
recommendation subject to ADB engineer’s concurrence.
1.03 ELECTRICAL DESIGN REQUIREMENTS
a. UPS Input Voltage Specification:

i. 380 volts, 3 phases, 4 wires, 60 Hz.
ii. Input Voltage Range: ±15 percent without discharging the batteries.
iii. Short Circuit Withstand Rating:
1. UPS: 65,000 Symmetrical Amperes
2. Optional Maintenance Bypass with Distribution Panel: 65,000
Symmetrical Amperes or lowest rated sub feed circuit breaker
3. Lowest Rated Sub feed Circuit Breaker (60-100A) for maintenance
by-pass, 22,000 Symmetrical Amperes
iv. Maximum Frequency Range: 60 Hertz +/- 10% continuous.
v. Input Power Factor: 98% lagging at nominal input voltage
vi. Input Current in Normal Operation shall not exceed 105 percent of rated
output current capacity without battery charging.
vii. Input Current Distortion shall be less than 5 percent without the need of
additional filters.
viii. UPS starting shall be soft start, shall be linear from 0 percent to 100
percent input current and shall not exhibit inrush. This shall take place
over an Owner-selectable 1 second to 40 seconds time period with a
factory default of 15 seconds.
Page 1 of 12

Attachment 1 to WPS

b. UPS Output:
i. Nominal AC Output Voltage shall be 380 Volts 3-phases + neutral +
ground
ii. Frequency: 60 Hertz
iii. AC Output Voltage Distortion: Less than 2 percent at 100 percent linear
load, less than 3 percent for SMPS load as defined by IEC 62040-3.
iv. AC Output Voltage Regulation: ±1 percent for 100 percent linear or non-
linear load.
v. Voltage Transient Response: ±5 percent maximum RMS change in a half
cycle at load step 0 percent to 100 percent or 100 percent to 0 percent.
vi. Voltage Transient Recovery: Within less than 50 milliseconds.
vii. Output Voltage Harmonic Distortion: Less than 5 percent THD and 1
percent single harmonic for a 100 percent linear load.
viii. Overload Rating:
1. Normal Operation:
150 percent for 30 seconds before transfer to bypass.
125 percent for 10 minutes before transfer to bypass.
2. Battery Operation: 125 percent for 30 seconds (up to 15 minutes
with fully configured battery solution)
3. Bypass Operation:
125 percent continuous at 480 volts.
110 percent continuous at 400 volts
ix. System AC-AC Efficiency:
1. Normal operation greater than 96 percent at 40 percent to 100

percent load.
2. Battery operation greater than 95 percent at 40 percent to 100
percent load.
x. Output Power Factor Rating: 0.5 leading to 0.5 lagging without any
derating.
xi. Charge current
c. Acoustical noise:
Not exceeding 65 dB at full load measured at 1-meter height and 1 meter from the
nearest UPS cabinet surface
i. Normal operation greater than 96 percent at 40 percent to 100 percent

load.
ii. Battery operation greater than 95 percent at 40 percent to 100 percent
load.
Page 2 of 12

Attachment 1 to WPS

1.04 STANDARD AND CODE REFERENCES
The UPS shall be designed, manufactured and tested in accordance with the applicable
following codes and standards:
a. UL 1778 - Uninterruptible Power Supply Equipment.

b. NFPA 70 - National Electrical Code.
c. IEEE 446 - Recommended Practice for Standby Power Systems.
d. IEEE C62.41 - Recommended Practice for Surge withstand ability.
e. NEMA PE 1 - Uninterruptible Power Systems.
f. OSHA - Occupational Safety and Health Administration.
g. ANSI/IEEE 519 –Guide for harmonic Control and Reactive Compensation of
Static Power
h. ISO 9001-Quality Management Systems
i. ISO14001-Environmental Management Systems REGULATORY

REQUIREMENTS
j. FCC Class A
k. ISO 9001
l. ISO 14001
m. IEC 61000 4-2 to 4-5
Page 3 of 12

Attachment 1 to WPS

1.05 DEFINITIONS OF PARTS
a. UPS Module: The portion of the UPS system, which contains the rectifier/charger,
inverter, static by-pass switch, controls, monitoring, and indicators.
b. Inverter: The portion of the UPS module, which converts DC power, from either the
rectifier/charger or the battery, to regulated and filtered AC power, which is supplied
to the critical load.
c. Rectifier/Charger: The portion of the UPS module, which converts the normal
source AC input power to DC power for the inverter input and for charging the
battery.
d. Static Bypass Switch: The portion of the UPS module which automatically transfers
the critical loads, without interruption, from the inverter output to the bypass
AC power source in the event of an overload or degradation of the inverter's
performance.
e. Maintenance Bypass Switch: The portion of the UPS module which is used to
connect the bypass AC power source to the critical loads while electrically isolating
the static bypass switch, rectifier/charger and inverter for maintenance purposes.
f. Battery: The battery system that provides DC power to the inverter input when the
normal AC input power to the UPS module fails or in the event that the
rectifier/charger should fail.
g. Critical Loads: Those loads that require regulated continuous AC power and which
are connected to the output of the UPS of the UPS system.
1.06 UPS MODULE OPERATION
a. Under normal condition, the inverter shall supply AC power continuously to the
critical loads. The inverter output shall be synchronized with the static bypass AC
power source provided that the bypass AC power source is within the specified
frequency range. The rectifier/charger shall convert the normal AC input power to
DC power for the inverter and for charging the batteries. The battery charger is
connected to DC Link and shall provide energy to recharge the batteries.
b. During loss of input AC Power, abnormalities or deviation from specified tolerances,

the batteries shall supply DC power to the inverter so that there is no interruption of
AC power to the critical loads. The batteries shall continue to supply power to the
inverter for the specified protection time.
c. When the input AC power returns to normal condition, the rectifier/charger shall start
and assume the DC load from the batteries. The rectifier/charger shall then
simultaneously supply the inverter with DC power and recharge the batteries. This
shall be an automatic function and shall cause no disturbance to the critical load.
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Attachment 1 to WPS

d. Transfer of critical loads to Static Bypass AC supply shall automatically effected if
the control circuitry senses an overload, an inverter shutdown signal or degradation
of the inverter output. The transfer from inverter to static by-pass shall be without
interruption of power. If the bypass AC power source is above or below normal
voltage limits, then the transfer shall be inhibited
e. Retransfer to Inverter: The static bypass switch shall be capable of automatically

retransferring the load back to the inverter after the inverter has returned to normal
conditions. Retransfer shall not occur if the two sources are not synchronized. The
automatic bypass control circuit shall have the ability to lock the critical load to either
the inverter output or the bypass source (selectable) after multiple transfer-
retransfer operations. This lockout condition shall be reset automatically (after an
adjustable delay period) or under manual command through remote
communications software.
f. Downgrade: If the batteries are taken out of service for maintenance, it shall be
disconnected from the rectifier/charger and inverter. The UPS shall continue to
function and meet the performance criteria specified herein except for the battery
reserve time and step load performance.
1.07 MULTIPLE MODULE SYSTEM OPERATION
a. The UPS multiple power modules shall be configured in parallel operation for
maintenance flexibility, redundancy and capacity expansion. The UPS power
modules shall be of the same design, capacity, voltage, and frequency. UPS
modules of different size ratings shall not be permitted to be paralleled. The UPS
power modules in the parallel configuration shall share the load equally at all time.
b. Output control: A load sharing circuit shall be incorporated into the parallel control
circuits to ensure that under no-load conditions, no circulating current exists
between modules. This feature shall allow each UPS module to share equal
amounts of the total critical load bus. The output voltage, output frequency, output
phase angle, and output impedance of each module shall operate in uniformity to
ensure correct load sharing. This control function shall not require any additional
footprint and shall be an integral function of each UPS system. The static bypass
switches shall be connected in parallel.
c. Parallel System Controls: To avoid single points of failure, the UPS system shall
have a redundant and dedicated control system designed to control the operation of
the UPS system. Control and direction of UPS modules shall take place via a
master/slave relationship, where the first UPS module to receive logic power asserts
itself as a master. In the event of a master failure, a slave UPS shall take the role of
master and assume the responsibility of the previous master UPS. Equivalent
arrangement per manufacturer’s recommendation and will satisfy continuity of
parallel module operation will be accepted.
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Attachment 1 to WPS

d. Communication: Communication between modules shall be connected so that the
removal of any single UPS module and cable shall not jeopardize the integrity of the
entire UPS system communication system.
e. Display: A UPS multi-color LCD touch screen user interface shall be capable of
using an active touch screen mimic bus to show the quantity of UPS modules
connected to the critical bus, as well as the general status of each power modules
and corresponding circuit breaker status information. The touchscreen display
shall support the configuration of the entire system and shall provide event and
alarm data for all modules in the parallel configuration.
f. Battery runtime: Each UPS modules must have its own battery support solution. The
battery solution for the entire system can be a combination of standard and third-
party batteries.
g. Load sharing: The module controllers shall continuously monitor the power exchange
between UPS modules. Individual module regulation shall be based on an index
value related to the power exchange between, and the total number of active
modules in the system, thus reducing the load sharing error to virtually zero.
h. Synchronization: Enhanced high speed, high precision tracking shall

maintain the synchronization error between UPS modules and between the modules
and the bypass source to no more than 0.05 milliseconds.
i. Distributed bypass: Each UPS module shall contain its own automatic
static by-pass switch and corresponding bypass circuit controls.
1.08 UPS POWER MODULE INPUT STAGE
a. General: The input stage converters of the system shall be housed in a removable
power modules the and shall constantly control the power from the main input of the
system, to provide UPS power for precise regulation of the DC bus voltage, battery
charging, and main inverter regulated output power. These power modules shall be
connected in parallel within the UPS frame.
b. Input Current Total Harmonic Distortion: The input current THD shall be
less than 5 percent at system load greater than 50 percent while providing
conditioned power to the critical load bus, and charging the batteries under
steady-state operating conditions. This shall be true while supporting both a
linear or non-linear load. This shall be accomplished without the requirement
for additional or optional filters, magnetic devices, or other components.
c. Soft-Start Operation: As a standard feature, the UPS shall contain soft-

start functionality, capable of limiting the input current from 0 percent to 100
percent of the nominal input over a default 10 second period, when
returning to the AC utility source from battery operation. The change in
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Attachment 1 to WPS

current over the change in time shall take place in a linear manner
throughout the entire operation.
d. Magnetization Inrush Current: The UPS shall exhibit zero inrush current.
The default soft start is 15 seconds.
e. Input Current Limit:
i. The power module input stage shall control and limit the input current draw
from utility to 125 percent of the UPS output. During conditions where
input current limit is active, the UPS shall be able to support 100 percent
load at -15% utility powers and no charge power.
ii. In cases where the source voltage to the UPS is nominal and the applied
UPS load is equal to or less than 100 percent of UPS capacity, input
current shall not exceed 116 percent of UPS output current, while
providing full battery recharge power and importing necessary power to
account for system losses.
f. Redundancy: The UPS shall be capable of being configured with redundant power
module input stages, each with semiconductor fusing, and logic-controlled
contactors to isolate a failed module from the input bus.
g. Charging:
i. The battery charging shall keep the DC bus float voltage within +/- 1
percent as per UPS manufacturer specification.
ii. The battery charging circuit shall contain a temperature compensation
circuit, which shall regulate the battery charging to optimize battery life.
iii. The battery charging circuit shall remain active when in static bypass and
in normal operation.
iv. The UPS shall be capable of reducing the battery charging current under
low input voltage conditions as long as the utility power for the UPS
power module is being provided.
v. The UPS module input stage shall control and limit the input current draw
from utility.
vi. Battery charge shall be limited to 10 percent of the system capacity by
default (or optionally, 20% with reduced load). The battery charging circuit
will support boost, auto boost and equalization functions
vii. An input connection will be provided that will allow the user to inhibit
boost charging. The UPS shall be capable of reducing the battery
charging current down to zero based on user defined input.
i. Back-Feed Protection: The above mentioned logic-controlled contactor shall

also provide the back-feed protection required by UL 1778.
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Attachment 1 to WPS
1.09 OUTPUT INVERTER
a. General: The UPS output inverter shall constantly develop the UPS output voltage
waveform by converting the DC bus voltage to AC voltage through a set of IGBT
driven bi-directional power converters. In both normal operation and battery
operation, the output inverters shall create an output voltage independent of the
mains input voltage. Input voltage anomalies such as brown-outs, spikes, surges,
sags, and outages shall not affect the amplitude or sinusoidal nature of the output
voltage sine wave of the inverters.
b. Overload Capability: The output power converters shall be capable of sustaining

230 percent for short circuit clearing. Steady-state overload conditions of up to 150
percent of system capacity shall be sustained by the inverter for 30 seconds in
normal operation. Steady-state overload conditions of up to 125 percent of system
capacity shall be sustained by the inverter for 10 minutes in normal operation.
Overloads persisting past the outlined time limitation the critical load shall be
switched to the automatic static bypass output of the UPS.
c. Output Contactor: The output inverter shall be provided with an output mechanical
contactor to provide physical isolation of the inverter from the critical bus. With this
feature, a failed inverter shall be isolated from the critical bus.
d. Battery Protection: The inverter shall be provided with monitoring and control
circuits to limit the level of discharge on the battery system.
e. Redundancy: The UPS shall be capable of being configured with redundant output
inverters, each with semiconductor fusing, and logic-controlled contactors to remove
a failed component from the input, DC, and output critical bus.
1.10 STATIC BYPASS
a. General: As part of the UPS, a system static bypass module shall be provided. The
system static bypass shall be hot swappable and provide no break transfer of the
critical load from the inverter output to the static bypass input source during
maintenance or the inverter cannot support the critical bus. Such times may be due
to prolonged or severe overloads, or UPS failure. The UPS and static bypass module
shall constantly monitor the auxiliary contacts of their respective circuit breakers, as
well as the bypass source voltage, and inhibit potentially unsuccessful transfers to
static bypass from taking place.
b. Design: The design of the static switch power path shall consist of silicon-controlled
rectifiers (SCR) with a continuous duty rating of 125 percent of the UPS system
output rating.
c. Automatic Transfers: An automatic transfer of load to static bypass shall take place
whenever the load on the critical bus exceeds the overload rating of the UPS.
Automatic re-transfers of critical load from static bypass back to normal operation
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Attachment 1 to WPS

when the overload condition is removed from output bus. Automatic transfers of load
to static bypass shall also take place if for any reason the UPS cannot support the
critical bus.
d. Manual Transfers: Manually initiated transfers to and from static bypass shall be
initiated through the UPS graphical user interface.

e. Overloads: For 380V, three phase systems, the static bypass shall be rated and
capable of handling overloads equal to or less than 125 percent of the rated system
output continuously. For instantaneous overloads caused by inrush current from
magnetic devices, or short circuit conditions, the static bypass shall be capable of
sustaining overloads of 1000 percent of system capacity for periods of up to 100
milliseconds.
f. System Protection: As a requirement of UL 1778, back-feed protection in the static

bypass circuit shall also be incorporated in the system design. To achieve back-feed
protection, a mechanical contactor in series with the bypass SCR(s) shall be
controlled by the UPS/static switch, to open immediately upon sensing a condition
where back-feeding of the static switch by any source connected to the critical output
bus of the system is occurring. One such condition could be a result of a shorted
SCR.
1. 11 DISPLAY AND CONTROLS
a. Control Logic: The UPS shall be controlled by two fully redundant, owner-
replaceable and hot-swappable intelligence modules (IM). These modules shall
have separate, optically isolated, communication paths to the power and static
switch modules. Logic power for the control modules shall be derived from
redundant power supplies, each having a separate AC and DC input and output.
The communication of the control modules shall be of controller area network (CAN
Bus) and EIA485. All control functions such as start-up, transfer to bypass, and all
parameter changes shall be accessible from the touch screen user interface.
Operations such as start-up will have step by step instructions from the user
interface to ensure correct sequencing of operations. To further minimize user error,
the touch screen shall highlight, in green, all functions that have been completed.
The current step in the process shall also be outlined to ensure easy operation.
Each UPS system shall have one such user interface.
b. Graphical User Interface: A microprocessor-controlled user interface/display unit

shall be located on the front of the system. The display shall consist of a 10.4 inch
(264 mm) multicolor graphical display with 800 x 600 resolutions or as per
manufacturer’s standard. The display shall be in English language.
c. The UPS shall include an audible alarm-warning device. This alarm shall sound
whenever any abnormal condition occurs. The audible sound is silenced once the
alarm is acknowledged. Any subsequent alarm shall cause reactivation of the
status indicator and audible alarm. The UPS alarm shall have the provision of
sending signal to existing ADB BMS system.
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Attachment 1 to WPS
d. Metered Data: The following data shall be available on the graphical user
interface/display:
i. Input/output voltages, currents, frequencies.
ii. Breaker and switch status.
iii. Battery status.
iv. Event log.
v. Energy measurements.
e. Event Log: The display unit shall show the time and date stamped log. The event
log shall be capable of holding 1500 entries. The default event log size shall be 400
entries.
f. Alarms: The display unit shall be able show a log of active alarms. The following set
of alarms shall be available.
i. Input frequency out of range.
ii. AC adequate for UPS but not for bypass.
iii. AC input failed, startup on battery.
iv. Intelligence module status.
v. Redundant intelligence module status.
vi. Number of batteries changed since last on.
vii. Number of power modules changed since last on.
viii. Batteries status.
ix. Power modules status
x. The redundant intelligence module is in control.
xi. UPS fault.
xii. On battery.
xiii. Shutdown or unable to transfer to battery due to overload.
xiv. Load shutdown from bypass. Input frequency, volts outside limits.
xv. Fault, internal temperature exceeded system normal limits.
xvi. Input circuit breaker open.
xvii. System level fan failed.
xviii. Redundancy lost.
xix. Redundancy below alarm threshold.
xx. Runtime below alarm threshold.
xxi. Load above alarm threshold.
xxii. UPS in bypass due to internal fault.
xxiii. UPS in bypass due to overload.
xxiv. System in forced bypass.
xxv. Fault bypass relay malfunction.
xxvi. UPS circuit breaker status (open/close).
xxvii. High DC warning.
xxviii. High DC shutdown.
xxix. Low battery shutdown.
xxx. Low battery warning.
xxxi. Parallel communication error
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Attachment 1 to WPS

xxxii. Other alarms significant to the operation of UPS (Depends on
UPS Manufacturer)
g. Controls: The following controls or programming functions shall be accomplished by

the use of the user interface/display unit. The touch screen display shall facilitate
these operations:
i. Silence audible alarm.

ii. Display or set the date and time.
iii. Enable or disable the automatic restart feature.
iv. Transfer critical load to and from static bypass.
v. Test battery condition on demand.
vi. Set intervals for automatic battery tests.
vii. Adjust set points for different alarms.
viii. Adjustable ramp-in times from 1 to 40 seconds.
ix. Potential free (dry) contacts.
h. Free Contacts: The following potential free contacts shall be available on the relay
interface board:
i. Normal operation.
ii. Battery operation.
iii. Bypass operation.
iv. Common fault.
v. Low battery.
vi. UPS off.
i. Communication Interface Board: A communication interface board shall provide

the following communication ports which shall be able to be used simultaneously:
i. Ethernet.
ii. Ethernet interface port for a remote display.
iii. Modbus RS485
1.12 BATTERY
a. The UPS batteries shall be common lead-acid or nickel-cadmium battery type. The
battery type, rating & Charging Current shall be programmed into the UPS at start-up
to optimize battery life. The batteries shall be long life batteries (5 to 8 years) and the
battery casing shall be flame retardant type. The battery shall consist of two banks
for each set of UPS (UPS-1 and UPS-2) and shall be able to support 15 minutes of
UPS full load. Each battery banks shall be monitored for voltage and temperature by
the UPS battery diagnostic feature. Battery charging current shall be temperature
compensated.
b. The UPS shall include a programmable battery test feature. This test will perform a
partial discharge of the battery with the UPS on line in order to isolate open or weak
battery cells. Pass or fail results of test will be logged into the history of the UPS and
Page 11 of 12

Attachment 1 to WPS

failures will activate an alarm on the front panel. The user shall have the ability to
enable fully automatic, as well as manual battery testing.
1.13 MAINTENANCE BYPASS SWITCH
a. The input of the maintenance bypass switch shall be protected from noise and
transients by an input EMI/transient suppressor network. The suppressor network
shall be fused in order to minimize damage to the UPS in the event that input
transients exceed the rating of the suppression network.
b. An internal, manually operated maintenance bypass switch shall be provided to

enable bypassing the critical loads to the bypass AC power source without
interruption of power to those loads. The maintenance bypass switching
arrangements shall electrically isolate the static bypass switch, rectifier/charger and
inverter from the bypass AC power source. The switch shall be physically isolated
from the electronics within the UPS enclosure to ensure safety during maintenance.
1.14 EMERGENCY POWER OFF
b. The UPS shall include an Emergency Power Off (EPO) push button circuit. Activating
this circuit shall cause immediate shutdown of all UPS operations. This operation will
shut down the all connected critical load.
c. The EPO shall be able to receive command from the Fire suppression system to
automatically shut-down the UPS System when activated. Provision for testing of the
EPO in conjunction with Fire suppression system shall be included without the need
of actual UPS shut down.
d. The EPO pushbutton shall include a protective cover to prevent unintentional

operation.
Page 12 of 12

Attachment 2 to WPS
SERVICE LEVEL AGREEMENT Attachment 3 to WPS
Contract No.
Contractor:
Preventive Maintenance
For the period of:
Performance Rating
Rating every 3 months Performance Reward/
Service Objectives Service Level Specifications
Results/ Points Acceptability Penalty
(Actual) Violations
as per schedule 5.0 High A
1 week delayed 4.0 Minimum
No delay in the completion of periodic service program as 2 weeks delayed 3.0 Not acceptable B
1 Reliability M1.1 5.0
per schedule due to the fault of the service provider. 3 weeks delayed 2.0 Not acceptable C
1 month delayed 1.0 Not acceptable D
>1 month delayed 0.0 Not acceptable E
0 7.0 High A
1 5.6 Minimum
No breakdown within 60 days after a preventive or 2 4.2 Not acceptable B
M1.2 7.0
corrective maintenance visit. 3 2.8 Not acceptable C
4 1.4 Not acceptable D
>4 0.0 Not acceptable E
0 5.0 High A
1 4.0 Minimum
No tools and/or required consumable materials borrowed 2-3 3.0 Not acceptable B
M1.3 5.0
from ADB 4-5 2.0 Not acceptable C
6-7 1.0 Not acceptable D
0 5.0 High A
1 4.0 Minimum
No incidence of failure to coordinate works with the ADB 2 3.0 Not acceptable B
M1.4 5.0
authorized representative. 3 2.0 Not acceptable C
0 4.0 High A
1 3.2 Minimum
No incidence of failure to submit final report within seven 2 2.4 Not acceptable B
M1.5 4.0
(7) days after the submission of initial results. 3 1.6 Not acceptable C
0 5.0 High A
1 4.0 Minimum
No incidence of failure to submit a failure analysis report 3.0
2 Not acceptable B
M1.6 within 48 hours after completing the inspection/checking 5.0
3 2.0 Not acceptable C
of the equipment that failed.
0-2 5.0 High A
3-6 4.0 Minimum
No error in billings, invoices, statements and regularly 6-7 3.0 Not acceptable B
2 Assurance M2.1 5.0
submitted reports. 8 2.0 Not acceptable C
0 5.0 High A
1-2 4.0 Minimum
Compliance in the implementation of Best Practices of 3-4 3.0 Not acceptable B
M2.2 Internationally acceptable standard of maintenance 5.0
practices. No CPARs issued for non-complaince.
0 5.0 High A
1 4.0 Minimum
No spare parts not provided for the repair of defective
units within 6 days and/or number of times failed to 2 3.0 Not acceptable B
M2.3 5.0
provide stand-by UPS in lieu of the unavailability of spare 3 2.0 Not acceptable C
parts for the defective UPS. 4 1.0 Not acceptable D
Contract No.
Contractor:
For the period of:
Performance Rating
(Actual) Violations
0 5.0 High A
1-2 4.0 Minimum
Compliance in the use of Personal Protection Equipment 3-4 3.0 Not acceptable B
3 Tangibles M3.1 5.0
(PPE). No CPAR issued for non-compliance. 5 2.0 Not acceptable C
0 7.0 High/ Minimum A
1 -1.4 Not acceptable C
Zero Accident - No physical injury or damage to ADB 2 -2.8
M3.2 7.0 Not acceptable D
property.
3 -4.2 Not acceptable E
>3 -5.6 Not acceptable F
0 4.0 High A
1 3.2 Minimum
Housekeeping, no incidence left the work area dirty and 2.4
2-3 Not acceptable B
M3.3 untidy and failed to properly dispose garbage or waste 4.0
4-5 1.6 Not acceptable C
materials.
0-2 4.0 High A
3-6 3.2 Minimum
No complaints received on improper wearing of uniforms, 7-10 2.4 Not acceptable B
M3.4 4.0
ID, and safety shoes. 11-14 1.6 Not acceptable C
15-20 0.8 Not acceptable D
0 5.0 High A
1 4.0 Minimum
No confirmed negative feedback or complaints on the 2-3 3.0 Not acceptable B
4 Empathy M4.1 5.0
performance of the service. 4-5 2.0 Not acceptable C
M4.2 No rework or back job due to poor workmanship. 7.0 2 -2.8 Not acceptable D
3 -4.2 Not acceptable E
Personnel conduct - No criminal offense and/or security
M4.3 infraction and/or harassment complaint within ADB 7.0 2 -2.8 Not acceptable D
premises. 3 -4.2 Not acceptable E
0 5.0 High A
1 4.0 Minimum
No incidence of failure to report or notify ADB in writing or 2 3.0 Not acceptable B
M4.4 e-mail when any of the UPS or STS become or is likely to 5.0
become inoperable or is exhibiting abnormal condition.
0-2 5.0 High A
3 4.0 Minimum
No incidence of failure to respond to administrative 4 3.0 Not acceptable B
5 Responsiveness M5.1 5.0
service or written communication within 48 hours. 5 2.0 Not acceptable C
0 5.0 High A
1-2 4.0 Minimum
No incidence of failure to respond to corrective 3-4 3.0 Not acceptable C
M5.2 maintenance call within 24 hours after receiving the 5.0
notification.
6 1.0 Not acceptable E
>6 0.0 Not acceptable F
OVERALL SERVICE RATING 100.0

Contract No.
Contractor:
For the period of:
Performance Rating
(Actual) Violations
NOTE: LEGEND:
A Letter of Merit shall be given after 4 consecutive HIGH ratings.

81 -100 POINTS : SATISFACTORY
B Written warning, after first verbal warning, "D" follows.
66 -80 POINTS: Fair (Written Warning)
C Written warning, after the first written warnings, "E" follows.
55 - 65 POINTS : NEEDS IMPROVEMENT (5% Reduction in Quarterly Contract Price)
D Written warning, after 1 written warning, "F" follows.
E First penalty shall be at 5,000 per offense. After the first penalty, "F"
follows.
If the performance of the Contractor falls below “FAIR” for continuous two (2) quarters, ADB will have the F Second penalty, shall be at 10,000 per offense.
right to terminate the Contract.
At the end of each review period, the parties will indicate to each other the result of measurement for each activity or service stated in this SLA within
7 working days. If there is an agreement upon the result, it shall be recorded in the SLA. If necessary, a written warning shall be provided or a fine will
be imposed. The sum shall be deducted from the next invoice to be served by the Contractor to ADB. In case of disagreement on the results, the
parties shall come to an amicable solution as soon as possible, acting in good faith at all times.
All communications shall be through Head, OAFA-FM or the ADB authorized representative.
For ADB: Discussed with :

Rated by: For Contractor:
Position: Position:
P
Date: Date
REMARKS:
Approved by: DATE:________________

____________________________
Unit Head, OAFA-FM
Appendix 2
TECHNICAL BID FORM

________________________
(Date)
To: Asian Development Bank
Attention: Unit Head

Procurement and Contracts Administration
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bid Documents;

(b) We have examined and have no reservations to the General Conditions of Contract;
(c) We understand and agree to be bound by ADB’s Anticorruption and Integrity Policy;
(d) We offer to provide the Services in conformity with the Bid Documents;
(e) Our Bid shall be valid for a period of sixty (60) days from the date fixed for the bid submission
deadline in accordance with the Bid Document, and it shall remain binding upon us and may be
accepted at any time before the expiration of that period;
(f) We confirm that we are financially qualified and compliant to bid for this project in accordance with
the minimum requirements for qualification of bidders for this project;
(g) If our Bid is accepted, we commit to obtain a Performance Bond in the amount of one hundred
percent (100%) of the Contract Price for the due performance of the Contract;
(h) We are not participating, as Bidders, in more than one Bid in this bidding process in accordance
with the Bid Document;
(i) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part of the
Contract, has not been declared ineligible by the ADB;
(j) We understand that this Bid, together with your written acceptance thereof included in your Letter
of Acceptance of Bid, shall constitute a binding contract between us, until a formal Contract is
prepared and executed; and
(k) We understand that you are not bound to accept the lowest bid or any other bid that you may
receive.
Very truly yours,
_____________________________________
(Name and Signature of Authorized Officer)
_____________________________________
(Designation of Authorized Officer)
_____________________________________
(Name of Bidder/Company)
_____________________________________
(Business Address)
_____________________________________
(Telephone Number / Facsimile Number)
_____________________________________
(Email Address)
rev.Aug2015
Appendix 3
TECHNICAL BID REQUIREMENTS

1.0 Contractors capability to meet the Specifications & Time responsibility
1.1 Describe how your products will comply with the required Performance
Specifications for the Supply, Installation, Testing and Commissioning of
Two (2) Units 200 KVA UPS System in accordance with the Work
Performance Statement.
1.2 Present your proposed installation methodology inclusive of phasing schedule,

completion, testing and commissioning and turn over procedure (Refer to
attached INSTALLATION GUIDE). The phasing schedule should include for the
procurement of items.
2.0 Qualification of Contractor & Personnel to be assigned to the project.
2.1 Provide Company details, local representative support, service capability and
availability (Company Profile). Provide a Contractor’s full-time deployment
schedule and job descriptions of all key personnel to be assigned under the
Contract, specifying the number, experience level and educational qualifications
of each position.
NOTE: Once the Bidder is selected, ADB may require CVs of all other personnel
prior to commencement of the Works.
3.0 PROJECT SIZE
3.1 Describe at least three or more of your major projects in the Philippines that you
wish to highlight to showcase your Company’s expertise in a) Services and
installation of similar or equivalent UPS offered in the proposal, b) Specific work
relevant to the project such as work at Data Center.
3.2 Provide information of your Company’s list of Client References (company name,
name & position of contact person, telephone no., range of services provided,
and amount of contract) you may want us to consider. Client References would
pertain to at least two or more of your Company’s Corporate Accounts in Specific
work relevant to UPS System’s Supply and Installation Works.
Note: For verification, a visit shall be arranged by the Bidder when requested by
ADB.
Page 1 of 2
Appendix 3
4.0 PROCUREMENT PROCEDURES FOR MATERIALS TO BE USED
4.1 Provide the delivery time for equipment and materials to be used after the
awarding of the contract.
4.2 Include a proposal regarding the replacement and availability of materials after
the TWO (2) YEARS warranty period.
5.0. TRAINING, TESTING AND COMMISSIONING PROCEDURE
5.1 Provide as-built, testing & commissioning report, operations & maintenance
manual and procedure in training of owner’s staff.
6.0. PREVENTIVE MAINTENANCE SERVICE
6.1 Provide details of how the preventive maintenance will be executed in

accordance with WPS for Total Service Maintenance. Describe how you will
restore the UPS back to normal operation within 12 hours time in cases of UPS
malfunction due to defective parts or failed batteries. Provide details and
availability of 24/7 service contact and on site response time to emergency calls
within 4 hours.
Page 2 of 2
Attachment to Appendix 3
GUIDELINE FOR THE PHASING-IN OF UPS INSTALLATION SCHEDULE.
REFERENCE DRAWING/DIAGRAMS ECDI-EE-102 SHT# 2 & Sht # 3 Number hours

Shutdown PDU-1 and PDU-2 by switching off circuit breakers feeds from
1 existing UPS. Shut-down existing 3 X100 kVA UPS. 1
Transfer critical loads to existing 160 KVA by switching-on corresponding circuit
Breakers at UPD-1, UPD-2, PDU-1 and PDU-2. Verify if PDU-1 and PDU-2 are
2 now connected to 160 kVA UPS. 2
Disconnect power supply to existing ATS and dismantle same ATS. Mount and
Install new Power Terminal Box with appropriate cable terminals for incoming
wires and new input Circuit breakers. Terminate the incoming power supply to
3 Power Terminals BOX and corresponding circuit breakers 12
Dismantle the Existing UPS, including wires, cables and existing battery banks.
Haul the UPS, batteries and materials to ADB designated areas. (Shall be done
4 simultaneously with item no. 3) 12
Position one of the new UPS-1, Distortion Control transformer at the proposed
location per contractor’s approved drawing. Connect the necessary power
cables, and wires from input Power Terminal box, Transformer and UPS.
5 30
Install new batteries at the designated location. (Shall be done simultaneously
6 with Item no. 5).
Verify all terminations are correct in Preparation for UPS start-up. Test and
7 commission UPS-1 and load critical load PDU-1. 2
8 Disconnect PDU-1 from existing 160 kVA UPS. 0.5
9 Connect PDU-1 to UPS-1 by switching-on the assigned circuit breakers. 0.5
Repeat the procedures in items no. 5 to 7 for UPS -2. (Note; Critical load UPS
10 will be PDU-2).
TOTAL NUMBER OF HOURS 48
Appendix 4
TECHNICAL BID PROPOSAL

(As described in Appendix 3)

To: ASIAN DEVELOPMENT BANK


This Technical Bid Proposal forms part of our bid for the above-mentioned project, and
complements and supplements our bid price offer for the same.
Please use additional sheets if necessary following the same format.
1.0 CONTRACTOR’S CAPABILITY TO MEET THE SPECIFICATIONS & TIME

RESPONSIBILITY
Discuss each item (1.1, 1.2) fully.
1.1 Describe how your products will comply with the required Performance
Specifications for the Supply, Installation, Testing and Commissioning of Two
(2) Units 200 kVA UPS System in accordance with the Work Performance
Statement.
1.2 Present your proposed installation methodology inclusive of phasing schedule,

completion, testing and commissioning and turn over procedure (Refer to attached
INSTALLATION GUIDE). The phasing schedule should include for the procurement of
items.
2.0 QUALIFICATION OF CONTRACTOR & PERSONNEL TO BE ASSIGNED TO THE

PROJECT
2.1 Provide Company details, local representative support, service capability and
availability (Company Profile). Provide a Contractor’s full-time deployment schedule and
job descriptions of all key personnel to be assigned under the Contract, specifying the
number, experience level and educational qualifications of each position.
NOTE: Once the Bidder is selected, ADB may require CVs of all other personnel prior to
commencement of the Works.
Page 1 of 2
Appendix 4
3.0 PROJECT SIZE
3.1 Describe at least three or more of your major projects in the Philippines that you wish
to highlight to showcase your Company’s expertise in a) Services and installation of
similar or equivalent UPS offered in the proposal, b) Specific work relevant to the project.
such as work at Data Center.
3.2 Provide information of your Company’s list of Client References (company name,
name & position of contact person, telephone no., range of services provided, and
amount of contract) you may want us to consider. Client References would pertain to at
least two or more of your Company’s Corporate Accounts in Specific work relevant to
UPS System’s Supply and Installation Works.
Note: For verification, a visit shall be arranged by the Bidder when requested by ADB.
4.0 PROCUREMENT PROCEDURES FOR MATERIALS TO BE USED
4.1 Provide the delivery time for equipment and materials to be used after the awarding
of the contract.
4.2 Include a proposal regarding the replacement and availability of materials after the
TWO (2) YEARS warranty period.
5.0 TRAINING, TESTING AND COMMISSIONING PROCEDURE
5.1 Provide as-built, testing & commissioning report, operations & maintenance manual
and procedure in training of owner’s staff.
6.0 PREVENTIVE MAINTENANCE SERVICE
6.1 Provide details of how the preventive maintenance will be executed in accordance
with WPS for Total Service Maintenance. Describe how you will restore the UPS back to
normal operation within 12 hours time in cases of UPS malfunction due to defective parts
or failed batteries. Provide details and availability of 24/7 service contact and on site
response time to emergency calls within 4 hours.
BIDDER’S NAME: Date:
Page 2 of 2
Appendix 5
TECHNICAL EVALUATION CRITERIA

Meets Requirements
Technical Criteria Details of Qualification
(Yes or No/
Pass or Fail)
1.0 Contractors capability to meet the
Specifications & Time Responsibility
1.1 Describe how your products will

comply with the required
Performance Specifications for
the Supply, Installation, Testing
and Commissioning of Two (2)
Units 200 kVA UPS System in
accordance with the Work
Performance Statement.
Minimum: Complies with Performance

Specifications. Acceptable
presentation of Equipment
manuals and technical
brochure/ data.
1.2 Present your proposed
installation methodology
inclusive of phasing schedule,
completion, testing and
commissioning and turn over
procedure (Refer to attached
INSTALLATION GUIDE). The
phasing schedule should
include for the procurement of
items.
Minimum: Two (2) Months lead time

for procurement and delivery for
key items. Submission of
schedule of works, indicating
the details of Works to be
performed.
1 of 4
Appendix 5
Meets Requirements
(Yes or No/
Pass or Fail)
2.0 Qualification of Contractor &
Personnel to be assigned to the
project
2.1 Provide Company details, local

representative support, service
capability and availability
(Company Profile). Provide a
Contractor’s full-time deployment
schedule and job descriptions of all
key personnel to be assigned
under the Contract, specifying the
number, experience level and
educational qualifications of each
position
NOTE: Once the Bidder is selected,

ADB may require CVs of all other
personnel prior to
commencement of the Works.
Minimum: Full-time deployment of:

1 Licensed Professional
Electrical Engineer
1 Technical Supervisor
3.0 Project Size
3.1 Describe at least three or more of

your major projects in the
Philippines that you wish to
highlight to showcase your
Company’s expertise in a)
Services and installation of similar
or equivalent UPS offered in the
proposal, b) Specific work
relevant to the project such as
work at Data Center.
Minimum: At least three relevant

completed works with complete
certificates.
2 of 4
Appendix 5
Meets Requirements
(Yes or No/
Pass or Fail)
3.2 Provide information of your
Company’s list of Client
References (company name,
name & position of contact
person, telephone no., range of
services provided, and amount of
contract) you may want us to
consider. Client References would
pertain to at least two or more of
your Company’s Corporate
Accounts in Specific work relevant
to UPS System’s Supply and
Installation Works
Note: For verification, a visit shall be

arranged by the Bidder when
requested by ADB.
Minimum: At least two (2) clients with at

least equivalent installation of
200 KVA UPS.
4.0 Procurement Procedures for Materials

to be Used
4.1 Provide the delivery time for

equipment and materials to be
used after the awarding of the
contract
Acceptable procurement plan for

Key items with procedure to be
used during installations (e.g.
UPS Unit, Battery, Isolation
transformer, circuit protections,
and wires/cables).
Minimum: The procedure should allow

for at least Two (2) months lead
time.
4.2 Include a proposal regarding
replacement and availability of
materials after the TWO (2)
YEARS warranty period.
3 of 4
Appendix 5
Meets Requirements
(Yes or No/
Pass or Fail)
Minimum: The proposal should include

replacement of defective
materials within the warranty
period.
5.0 Training, Testing and Commissioning

Procedure
5.1 Provide as-built, testing &

commissioning report, operations &
maintenance manual and procedure
in training of owner’s staff
Minimum: Submission of as- built plan,

operation and maintenance manual
and procedure in training owner’s
staff and to ensure the operation of
the complete system.
6.0 Preventive Maintenance Service
6.1 Provide details of how the preventive

maintenance will be executed in
accordance with WPS for Total
Service Maintenance. Describe how
you will restore the UPS back to
normal operation within 12 hours
time in cases of UPS malfunction
due to defective parts or failed
batteries. Provide details and
availability of 24/7 service contact
and on site response time to
emergency calls within 4 hours.
Minimum: Bidder to describe how to

restore UPS back into normal
operation within 12 hours and
provide details of 24/7 service
contact and on site response time to
emergency call within 4 hours.
4 of 4
Appendix 6
FINANCIAL BID FORM
_____________________
(Date)


Gentlemen and/or Ladies:
1. Having examined the Bid Documents for the above requirement, the receipt is hereby
duly acknowledged, I/we, the undersigned, offer to provide the DESIGN, SUPPLY,
INSTALLATION, TESTING, COMMISSIONING, AND TOTAL SERVICE MAINTENANCE OF
TWO (2) UNITS 200-kVA UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM as
described in the Bidding Documents at the fixed Contract Price of:
Total Price for

DESIGN, SUPPLY, INSTALLATION, TESTING, AND COMMISSIONING OF
TWO (2) UNITS 200-kVA UPS SYSTEM:
_____________________________________________________________(₱___________)
Total Price for

TOTAL SERVICE MAINTENANCE OF TWO (2) UNITS 200-kVA UPS SYSTEM
FOR THREE (3) YEARS:
_____________________________________________________________(₱___________)
Total Contract Price: ___________________________________________(₱___________)
2. We undertake, if our Bid is accepted, to commence the services based on the

schedule that will be submitted by ADB, and to complete and deliver the whole of the services
in accordance with the Contract.
3. We agree to abide by this Bid for the period of sixty (60) calendar days from the final
date fixed for receiving the same, and it shall remain binding upon us and may be accepted at
any time before the expiration of that period.
4. If our Bid is accepted, we undertake within fifteen (15) calendar days from the date we
received the Letter of Acceptance of Bid to submit a Performance Bond in the form attached
to the Contract in the sum of (100% of total Contract Price), as security for the due and faithful
performance or my/our obligations under the Contract. This guarantee will be valid for not less
than thirty (30) days after the expiry of the Contract, or until you take it over in accordance
with the Contract.
5. If our Bid is accepted, we confirm that the prices submitted by us in our Bid will be
fixed and binding upon us for the whole duration of the Contract in accordance with the said
conditions.
Page 1 of 2
Appendix 6
6. Unless and until a formal Contract is prepared and executed, and a satisfactory
Performance Bond is executed and delivered, this Bid, together with your written acceptance
thereof, shall constitute a binding Contract between us.
7. We understand that you are not bound to accept this Bid or any other Bid, which you
may receive.
8. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid,

and to Contract execution if we are awarded the Contract, is/are listed below:
Name and Amount and Purpose of

Address of Agent Currency Commission or
Gratuities
______________ ______________ ______________
______________ ______________ ______________
______________ ______________ ______________
(if none, state “none”)
Yours truly,
__________________________________________
(Name and Signature of Authorized Officer)
__________________________________________
(Designation of Authorized Officer)
__________________________________________
(Name of Vendor/Company)
__________________________________________
(Business Address)
__________________________________________
(Telephone Number/Facsimile Number/Email)
Page 2 of 2
Appendix 6.1
SCHEDULE OF BID PRICES

Two (2) Units 200-kVA UPS System Price
A. Design, Supply, Installation, Testing, and

Commissioning
(Please provide Bill of Quantities)
B. Total Service Maintenance for three (3) years
C. TOTAL BID PRICE (A + B)

Appendix 7
DATE : _______________
PROJECT : DESIGN, SUPPLY, INSTALLATION, TESTING,

COMMISSIONING, AND TOTAL SERVICE MAINTENANCE OF
TWO (2) UNITS 200-KVA UNINTERRUPTIBLE POWER
SUPPLY (UPS) SYSTEM
LOCATION : 6 ADB AVENUE, MANDALUYONG CITY, PHILIPPINES
OWNER : ASIAN DEVELOPMENT BANK
CERTIFICATE OF SITE INSPECTION
BIDDER
This is to certify that I/We have sufficiently and fully familiarized ourselves with
the Scope of Work and attendant problems related to the proposed DESIGN, SUPPLY,
INSTALLATION, TESTING, COMMISSIONING, AND TOTAL SERVICE
MAINTENANCE OF TWO (2) UNITS 200-kVA UNINTERRUPTIBLE POWER SUPPLY
(UPS) SYSTEM and that these attendant problems and difficulties will be considered
when we prepare our bids for the same.
__________________________
Name of Firm
__________________________
Name of Representative
OWNER
This is to certify that:
_______________________ _______________________________________________
Name of Firm/Representative
has conducted a thorough inspection and evaluation of the site related to the proposed
DESIGN, SUPPLY, INSTALLATION, TESTING, COMMISSIONING, AND TOTAL
SERVICE MAINTENANCE OF TWO (2) UNITS 200-kVA UNINTERRUPTIBLE POWER
SUPPLY (UPS) SYSTEM.
By:
_________________________
Authorized ADB Representative
Appendix 8
SECRETARY’S CERTIFICATE
I, (name of corporate secretary), being the Corporate Secretary of (name of the company of
bidder), hereinafter referred to as the “Corporation”, a corporation organized under the laws of
the_____________________, with office address at (complete address of the company), do
hereby certify, that the following resolution was unanimously approved in a meeting of the Board
of Directors of Corporation held on (date of the meeting) at its principal office, to wit:
Board Resolution No. _____ Series of _____
RESOLVED, the (name of company) be, as it hereby is hereby, authorized to

participate in the bidding for DESIGN, SUPPLY, INSTALLATION, TESTING,
UNITS 200-kVA UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM, and in
connection therewith the Corporation hereby appoints (name and designation of
authorized person – same person who will sign the conforme below) as the duly
authorized and designated representative of (name of company), who is granted
full power and authority to do, execute and perform any and all acts necessary
and/or to represent the Corporation in the bidding.
The above resolution in now in full force and effect and that as of this date, no changes or
amendments thereon have been made.
IN WITNESS WHEREOF, I have hereunto affixed my signature this (date) at (place).
Signature
(Name of corporate secretary)
Corporate Secretary
CONFORME:
Signature
(Name of authorized person)
Designation:
Company:
SUBSCRIBED AND SWORN to before me this _________, affiant exhibiting to be her/his

Community Tax Certificate Number ____________ issued on _________ at _________.
Doc. No. _____;

Page No. _____; SEAL AND SIGNATURE
Book No. _____; NOTARY PUBLIC
Series of ______.
Appendix 9
BID SECURING DECLARATION

Date: _____________________
To:
We, the undersigned, declare that:

We understand that, according to your conditions, bids must be supported by a Bid Securing
Declaration.
We accept that we will automatically be suspended from being eligible for bidding in any
contract with the Asian Development Bank (ADB) starting on the date that we receive a
notification from ADB, if we are in breach of our obligation(s) under the bid conditions,
because we:
(a) have withdrawn our Bid during the period of bid validity specified in the ITB; or
(b) having been notified of the acceptance of our Bid by the ADB during the period of bid
validity, (i) fail or refuse to execute the Contract, if required, (ii) fail or refuse to furnish
the Performance Bond, in accordance with the ITB, or (iii) fail or refuse to accept the
arithmetical correction of our Bid in accordance with the ITB.
We understand this Bid Securing Declaration shall expire if we are not the successful Bidder,
upon the earlier of (i) our receipt of your notification to us of the name of the successful
Bidder; or (ii) twenty-eight days after the expiration of our Bid.
Signed: _______________________________________
In the capacity of ________________________________
Name: ________________________________________
Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______
Corporate Seal [where appropriate]
-- Note --
In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to
the Joint Venture that submits the bid.
Appendix 10
Date: _____________
_____________________
_____________________
_____________________
_____________________
Attention: _________________________
Sirs:
Subject: LETTER OF ACCEPTANCE OF BID

— Contract No. ADB/OAS-2016/___
With reference to the execution of the above Services, this is to inform you that the Asian
Development Bank (hereinafter referred to as ADB) hereby accepts your bid as contained in
your Technical and Financial Bid Form dated _____________ in accordance with the terms,
provisions and stipulations contained in the documents collectively referred to as the “Bid
Documents”.
The commencement date of this Contract shall be on _______________. A Performance Bond

in the amount of (100% of the Total Contract Price) (____________) issued by a recognized
surety company shall be deposited with ADB in the form as attached. A pre-mobilization
meeting will be scheduled by OAFA-FM before the commencement date of this Contract.
The Contract documents are being prepared and we will notify you when they are ready for your
signature.
Sincerely,
RISA ZHIJIA TENG

Principal Director
Attachment: Form of Performance Bond
6 ADB Avenue, Mandaluyong City Tel +63 2 632 4444 www.adb.org

1550 Metro Manila, Philippines Fax +63 2 636 2444
Appendix 11
FORM OF PERFORMANCE BOND
(from Contractor’s Surety Company)

6 ADB Avenue
Mandaluyong City
Philippines
Dear Sir:
WHEREAS, _________________(hereinafter called the “Contractor”) and the Asian

Development Bank have entered into, or will enter into a contract (Contract No. ADB/OAS-
2016/___) for the DESIGN, SUPPLY, INSTALLATION, TESTING, COMMISSIONING, AND
TOTAL SERVICE MAINTENANCE OF TWO (2) UNITS 200-kVA UNINTERRUPTIBLE POWER
SUPPLY (UPS) SYSTEM at ADB Headquarters Building, Mandaluyong City, Philippines
(hereinafter called the “Contract”);
WHEREAS, the Contract provides that the Contractor shall furnish you with a
Performance Bond by a recognized surety company for the sum specified therein as security for
fulfillment by the Contractor of its obligations under and in accordance with the Contract;
WHEREAS, we have agreed to issue such a Performance Bond in your favor;
NOW THEREFORE we, {surety company’s name}, hereby irrevocably and absolutely
affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a
total amount of 100% of Total Contract Price in words (in figures), which we undertake to pay to
you, upon your first written demand, without your having to assign any reason for such demand,
and irrespective of whether or not there is any dispute between the Contractor and you in
respect of any other matter and irrespective of whether or not such dispute, if any, has been
settled, resolved, litigated or adjudicated.
This Security is effective from _____________ to 30 days after the expiration date of the
Contract (as stated in accordance with Paragraph 12 of the General Conditions of Contract).
This Security cannot be canceled without your express written approval.
The giving of time to the Contractor, or the neglect or forbearance by you in requiring or
enforcing payment of the sum of 100% of Total Contract Price in words (in figures) or other
indulgence whether in relation to the Contract or otherwise, shall not, in any way, prejudice,
affect, derogate, release or absolve us from our liability under this Security/Guarantee;
No change in organization or constitutional documents or in that of Asian Development

Bank or the Contractor shall affect or impair our absolute liability herein.
Dated this ______ day of ________________ 2016.
Signature and Seal of the Guarantor

Name of Bank or Surety Company
Address
Appendix 12
Contract No. ADB/OAS- 2016/___

THIS CONTRACT (hereinafter the "Contract") made on the ___ day of ____ 2016 between the
ASIAN DEVELOPMENT BANK of 6 ADB Avenue, Mandaluyong City, Metro Manila, Philippines
(hereinafter " ADB "), of the one part, and _________ (hereinafter " Contractor"), of the other part:
WHEREAS ADB desires that the Provision of Services known as DESIGN, SUPPLY,
INSTALLATION, TESTING, COMMISSIONING, AND TOTAL SERVICE MAINTENANCE OF TWO
(2) UNITS 200-kVA UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM shall be executed by
the Contractor and has accepted a Bid by the Contractor for the execution and completion of the
provision of Services and the remedying of any defects therein,
ADB and the Contractor agree as follows:
1. In this Contract words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to in the General Conditions of Contract
indicated in Paragraph 2 below.
2. The following documents shall be deemed to form and be read and construed as part of
this Contract, viz.:
a) Contract and its appendices
b) Letter of Acceptance of Bid
c) Letter of Technical Bid
d) Special Conditions of Contract
e) General Conditions of Contract
f) Work Performance Statement and its appendices
g) Financial Bid Form
This Contract shall prevail over all other Contract documents. In the event of any discrepancy or
inconsistency within the above Contract documents, then the documents shall prevail in the
order listed above.
3. In consideration of the payments to be made by ADB to the Contractor as indicated in this
Contract, the Contractor hereby covenants with ADB to provide the Services and to remedy
defects therein in conformity in all respects with the provisions of the Contract.
4. ADB hereby covenants to pay the Contractor in consideration of the execution and
completion of 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 times and in the manner
prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Contract to be executed in on the day,
month and year indicated above.
Signed by _______________________ Signed by _________________________
for and on behalf of ADB for and on behalf the Contractor

in the presence of in the presence of
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
General Conditions of Contract
(Contract No. ADB/OAS-2016/___)
The General Conditions of Contract (GCC),read in conjunction with the Special Conditions
of Contract (SCC) and other documents listed therein, is a complete document expressing
the rights and obligations of ADB and the SUPPLIER.
The GCC shall not be altered. Any changes and complementary information, which may
be needed, shall be introduced only through the SCC.
TABLE OF CONTENTS
GENERAL CONDITIONS OF CONTRACT 1

1. DEFINITIONS 2
2. SPECIAL CHARACTER, PRIVILEGES AND IMMUNITIES OF ADB 4
3. GOVERNING LAW AND LANGUAGE 4
4. NOTICES AND COMMUNICATION 5
5. AUTHORIZED REPRESENTATIVE 5
6. ADB’S ANTICORRUPTION POLICY 5
7. CONFLICT OF INTEREST 6
8. SCOPE OF THE CONTRACT 7
9. CONTRACT PRICE 7
10. CONTRACT PERIOD & DELIVERY DATE 8
11. SUPPLIER'S OBLIGATIONS 8
12. SECURITY AND INSURANCE 8
13. SUPPLIER’S UNDERTAKING 10
14. TECHNICAL SPECIFICATIONS 12
15. PRE-TESTING AND/OR EVALUATION 13
16. SERVICE LEVEL AGREEMENT [SLA] 13
17. WARRANTIES AND REPRESENTATIONS 13
18. ADB’S RESPONSIBILITIES 15
19. DELAY 16
20. LIQUIDATED DAMAGES 16
21. FORCE MAJEURE 16
22. CONTRACT AMENDMENT 16
23. TERMINATION FOR DEFAULT 17
24. TERMINATION FOR INSOLVENCY AND CHANGE OF CONTROL 17
25. TERMINATION FOR UNLAWFUL ACTS 18
26. TERMINATION FOR OTHER CAUSES 18
27. PROCEDURES FOR TERMINATION 19
28. TRANSITION 20
29. TRANSFER AND SUBCONTRATING 20
30. WAIVER 20
31. ENTIRETY AND SEPARABILITY 21
32. USE OF CONTRACT DOCUMENTS AND INFORMATION 21
33. SETTLEMENT OF DISPUTES 22
34. COUNTERPART 23
1
1. DEFINITIONS
1.1. In these General Conditions of Contract:
(a) “ADB” – refers to the Asian Development Bank, the organization

purchasing the Goods and Related Services named in the Special
Conditions of Contract (SCC).
(b) “ADB Headquarters” or “Headquarters” – refers to the Headquarters of

ADB in Manila, Philippines.
(c) "Authorized Representatives" – are the persons named in Paragraph 5

below and authorized to represent the Parties in sending and/or
receiving Notices and Communications related to the Contract.
(d) “Charter” – refers to the Charter signed by the member states

establishing ADB.
(e) “Contract” – means the agreement that ADB and the SUPPLIER
entered into, as recorded in the Contract Form that the parties signed,
including all attachments and appendices and all documents
incorporated by reference therein.
(f) “Contracts Administration” or "CA" – refers to the cluster in the

Procurement and Contracts Administration Unit, Office of the Principal
Director, Office of Administrative Services that ensures ADB and the
SUPPLIER comply with their obligations under the Contract.
(g) "Contract Documents" – consists of the Contract and its Appendices,

including but not limited to, the Technical Specifications, Technical and
Financial Bid Proposals, Fee Schedule, Secretary's Certificate, Letter of
Acceptance of Bid, ADB's Fire, Safety and Security Regulations,
relevant Administrative Orders, Good Social Management Certificate
and amendments thereto.
(h) “Contract Price” – means the price stated in the SCC payable to the
SUPPLIER for the full and proper performance of its contractual
obligations.
(i) "Corrupt, Fraudulent, Coercive and Collusive Practices" – refers to acts

or omissions prohibited under ADB's Anti-Corruption Policy, as
discussed in Paragraph 6 below.
(j) “Day” – means calendar day.
(k) “Default” – means any breach of the obligations of a Party (including but
not limited to breach of a fundamental term) or any other default, act,
omission, negligence or negligent statement of a Party in connection
with or in relation to the subject-matter of the Contract and in respect of
which such Party is liable to the other.
(l) "Delay" – means delivery beyond the Delivery Date or Dates specified in
the Contract.
2
(m) "Delivery" – includes physical delivery of the manufactured Goods and
Related Services at the place agreed between the Parties, Installation of
the Goods and Related Services and acceptance by ADB.
(n) "Final Acceptance" – refers to acceptance after the Goods and Related
Services are delivered, initially inspected and found to comply with the
Technical Specifications provided in the SCC.
(o) "Force Majeure" or "Fortuitous Event" – refers to events, which the

SUPPLIER could not have foreseen, or which though foreseen, were
inevitable. It shall not include ordinary unfavorable weather conditions;
and any other cause the effects of which could have been avoided with
the exercise of reasonable diligence by the SUPPLIER.
(p) “Goods” include routine and non-routine supplies and equipment and
related services which the SUPPLIER has undertaken to provide to
ADB.
(q) “GCC” means the General Conditions of Contract.
(r) "Headquarters Agreement" refers to the Agreement between the Asian

Development Bank and the Republic of the Philippines Regarding the
Headquarters of the Asian Development Bank.
(s) "Installation" – refers to procedures required to be undertaken to render

the Goods usable and/or functional.
(t) "IPC" or "Institutional Procurement Committee" – the committee that the

Director, Procurement Division 1 of the Operations Services and
Financial Management Department chairs and is convened to oversee
institutional procurement of Services and delivering Related Goods.
(u) "Notices" – refers to all written communication required under the

Contract to be exchanged between the Parties, including but not limited
to, requests, permissions or consent.
(v) “OAOD” – refers to the Office of the Principal Director in OAS.
(w) "OAPC" – refers to the Procurement and Contracts Administration Unit

in OAS
(x) "OAPC/CA" – refers to the Contracts Administration in OAPC
(y) “OAS” – refers to the Office of Administrative Services of ADB.
(z) “Party” or "Parties" – refer to either or both ADB and the SUPPLIER.
(aa) "Related Services" – refers to services necessary to make the Goods

operational or usable, including but not limited to installation, calibration
and the like.
(bb) “SCC” – means the Special Conditions of Contract.
(cc) "Service Level Agreement" or "SLA" – refers to terms agreed between

the Parties to determine satisfactory performance under the Contract.
3
(dd) "Spare Parts" refers to the items, parts or implements required to
operate and make full use of the Goods.
(ee) “SUPPLIER” – refers to the party (includes individual and entity,

whether public, quasi-public or private) that delivers the Goods and
Related Services pursuant to a contract with ADB and named in the
SCC. This includes the SUPPLIER's personnel, representatives,
successors and permitted assignees.
(ff) “User Unit” refers to the organizational unit in ADB which requested
procurement of the Goods and related services and is responsible for
receiving and accounting for the Goods and related services subject to
the provisions of the Contract.
(gg) “Verified Report” refers to the report submitted by the Head, OAPC/CA
in coordination with the User Unit, to the appropriate approving authority
reporting the existence of grounds or causes for termination and
explicitly recommending the issuance of a Notice to Terminate.
2. SPECIAL CHARACTER, PRIVILEGES AND IMMUNITIES OF ADB
2.1. The SUPPLIER acknowledges the special character of ADB as an international

financial institution with status, privileges and immunities provided under the
Charter and the Headquarters Agreement. None of the provisions of the
Contract shall derogate from the provisions of the Charter and the
Headquarters Agreement. The Charter and the Headquarters Agreement are
available in www.adb.org.
2.2. The SUPPLIER recognizes that under Article 56(1) of the Charter and Section
34 of the Headquarters Agreement, ADB, its property, operations and
transactions are exempt from taxation and any obligation for the payment,
withholding or collection of any tax or duty. The SUPPLIER shall be solely
responsible for payment of taxes on its income.
2.3. The SUPPLIER and ADB shall explore alternative arrangements to

implement the Contract, if any tax or duty other than taxes on net income is
levied or if there is an attempt to levy any such tax or duty in connection with
the performance of the Contract.
3. GOVERNING LAW AND LANGUAGE
3.1. Unless otherwise specified in the SCC, the Contract shall be governed and
interpreted according to Philippine law, subject to the privileges and
immunities accorded to ADB under the Charter and the Headquarters
Agreement.
3.2. The Contract is in English, which shall be the binding and controlling
language on matters relating to the meaning and/or interpretation of the
Contract, unless otherwise specified in the SCC. Notices and other
correspondences pertaining to the Contract that the parties would exchange
shall likewise be in English.
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4. NOTICES AND COMMUNICATION
4.1. Notices and communication required under the Contract, including, but not
limited to, requests, permissions or consent, shall be in writing. Notices and
communication may be personally exchanged, sent in electronic format or by
traditional means of communication such as registered mail, telex, telegram,
or facsimile.
4.2. Notices shall be effective when sent to the address specified in the SCC and
personally received by the addressee or constructively through the
addressee’s duly authorized representative. Notices sent by registered mail
shall be effective on the date of delivery, as shown in the return card for
registered mail or the postmaster's certification. Otherwise, notices sent by
telex, facsimile or similar means shall be effective upon successful
transmission to the Party in accordance with the contact details specified in
the SCC or on the notice’s effective date, whichever is later.
5. AUTHORIZED REPRESENTATIVE
5.1. For purposes of giving Notices or communicating with each other, the contact
details and authorized representative of the Parties shall be as indicated in
the SCC. A Party may change or update its contact details for Notice
purposes by duly notifying the other Party in advance, following the provisions
listed in the SCC.
5.2. Orders, directives, and instructions given on behalf of ADB to the SUPPLIER
shall be communicated by the Principal Director, OAS, or an officer duly
designated under ADB’s rules and notified in advance to the SUPPLIER under
the SCC.
5.3. The Head of the User Unit shall monitor the SUPPLIER's performance and
recommend, among others, proper disposition of technical issues in
implementing the Contract. Communications regarding these technical issues
shall be addressed to the Head of the User Unit in ADB.
5.4. The SUPPLIER shall not take from unauthorized ADB staff orders related to
the delivery of the Goods and Related Services as referred to in
Subparagraph 8.1. Questions regarding the authority of orders, directives or
instructions given in the name of ADB should be addressed to the Head of
the User Unit.
6. ADB’S ANTICORRUPTION POLICY
6.1. ADB's Anticorruption Policy requires bidders, manufacturers, distributors and

the SUPPLIER to observe the highest standard of ethics during the
procurement and execution of this Contract. The Policy may be obtained at
www.adb.org. Any violation of the Anti-Corruption policy will result in
termination of the Contract and sanctions being imposed on SUPPLIER,
including being declared ineligible, either indefinitely or for a stated period of
time, to participate in ADB-financed activities.
6.2. For the purposes of this section, the terms below shall have the following
meaning:
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(a) "corrupt practice" is the offering, giving, receiving, or soliciting, directly
or indirectly, anything of value to influence improperly the actions of
another party.
(b) "fraudulent practice" is any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an
obligation.
(c) “coercive practice” is impairing or harming, or threatening to impair or

harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of a party.
(d) “collusive practice” is an arrangement between two or more parties

designed to achieve an improper purpose, including influencing
improperly the actions of another party.
6.3. Pursuant to its Anticorruption policy, ADB:
(a) will not award a procurement contract to a winning bidder that has
directly or indirectly engaged in any corrupt, fraudulent, collusive or
coercive practice in competing for the contract in question;
(b) may suspend the procurement process at any stage when there is
sufficient evidence to support a finding that an employee, agent or
representative of the bidders, suppliers, service contractors and
concessionaires has engaged in any corrupt, fraudulent, collusive or
coercive practice in competing for, or in executing an ADB-financed
contract;
(c) will sanction a bidder, supplier, service contractor, concessionaire or its

successor, if ADB at any time determines that such bidder, supplier,
service contractor, concessionaire or its successor has, directly or
indirectly, engaged in any corrupt, fraudulent, collusive or coercive
practice in competing for, or in executing, any contract for the
institutional procurement of goods and related services. Sanctions
include, but are not limited to, declaring such bidder, supplier, service
contractor, concessionaire or its successor ineligible to participate in
ADB-financed activities indefinitely or for a stated period of time except
under such conditions as ADB deems appropriate; or reimbursement to
ADB of costs associated with investigations and proceedings
(d) will take appropriate actions to manage conflicts of interest including,

but not limited to, rejecting a proposal for award if it determines that a
conflict of interest has flawed the integrity of any procurement process.
6.4. The SUPPLIER agrees to be bound by ADB’s Anticorruption Policy as

outlined above.
6.5. The SUPPLIER shall permit ADB to inspect the SUPPLIER’s accounts and
records relating to the performance of the SUPPLIER and to have them
audited by auditors appointed by ADB, if so required by ADB.
7. CONFLICT OF INTEREST
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7.1. The SUPPLIER shall take appropriate steps to ensure that neither the
SUPPLIER nor its Personnel is placed in a position where, in the reasonable
opinion of ADB, there is or may be an actual or potential conflict between the
pecuniary or personal interests of the SUPPLIER and performance of the
SUPPLIER's obligations under the Contract. The SUPPLIER shall disclose to
ADB in the manner and form prescribed in the SCC full particulars of any
such conflict of interest which may arise.
7.2. ADB shall undertake measures to manage actual or potential conflicts of

interest, consistent with ADB's Anti-Corruption Policy re-stated above. This is
without prejudice to other remedies or rights of action which shall have
accrued or shall thereafter accrue to ADB under the Contract.
7.3. During and twelve [12] months after the Contract Period, the Parties shall not
employ or offer employment to any of the other Party’s personnel who have
been associated with the procurement and/or management of the Contract
without that other Party’s prior written consent.
8. SCOPE OF THE CONTRACT
8.1. The Goods and Related Services to be delivered are specified in the SCC.
8.2. Unless the Parties agree otherwise, the Goods and Related Services shall
also include Installation and/or Spare Parts or items that are not specifically
mentioned but are necessarily required to make full use of the Goods, as if
such items were expressly mentioned herein. The Installation, Spare Parts
and additional requirements for complete delivery of the Contract shall be
provided in the SCC.
8.3. In case of discrepancy, the provisions of the Contract shall prevail over the
Contract Documents enumerated in the Contract Agreement. In interpreting the
provisions of the Contract, ADB and the SUPPLIER may further refer to the
applicable Invitation to Bid and the Bid Documents of ADB.
9. CONTRACT PRICE
9.1. For and in consideration of the SUPPLIER’s delivery and/or supply of the
Goods and Related Services specified in the SCC during the Contract Period
in Paragraph 10 below, ADB shall pay the SUPPLIER the Contract Price
stated in the SCC. The Contract Price shall not vary from the price that the
SUPPLIER quoted in its Bid, except for any change resulting from a Change
Order issued in accordance with Subparagraph 9.4 below.
9.2. The Contract Price is payable on the date and in the manner provided in the
SCC.
9.3. Unless otherwise specified in the SCC, ADB and the SUPPLIER agree that
the Contract Price is a firm and fixed lump sum. The SUPPLIER warrants that
the Contract Price tendered already covers actual and contingent costs that
the SUPPLIER would incur in delivering the Goods.
9.4. The Parties may agree to adjust the Contract Price following the price
adjustment provisions specified in the SCC, as applicable. However, the
SUPPLIER shall not demand price adjustments due to fluctuations in the
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foreign exchange rate, and/or increase in SUPPLIER’s actual or contingent
costs.
10. CONTRACT PERIOD & DELIVERY DATE
10.1. Unless sooner terminated pursuant to the termination provisions below, the
Contract shall remain valid for the period stated in the SCC. The SUPPLIER
shall deliver the Goods and Related Services on the Delivery Date or Dates
indicated in the SCC.
11. SUPPLIER'S OBLIGATIONS
11.1. In consideration for the payment of the Contract Price, the SUPPLIER shall
deliver on the Delivery Date or Dates the Goods and Related Services
according to ADB's Technical Specifications and other requirements
described in the SCC. Prompt delivery of the Goods and Related Services,
within the time agreed or on a specified date, shall be of the essence of the
Contract.
11.2. The SUPPLIER shall further deliver such Spare Parts required for the
operation and full use of the Goods, if there are any.
12. SECURITY AND INSURANCE
Performance Security
12.1. To secure performance of its obligations under the Contract, the SUPPLIER
shall post sufficient security worth at least 10% of the contract value, as
OAIS-PC or the IPC may fix and indicate in the SCC. The proceeds of the
Performance Security shall be payable to the ADB as compensation for any
loss resulting from the SUPPLIER’s failure to complete its obligations under
the Contract.
12.2. The Performance Security shall be denominated in Philippine Pesos/US

Dollars, or in a freely convertible currency acceptable to ADB. The
Performance Security shall be in one of the following forms:
(a) Cash, cashier’s check, manager’s check, or bank draft;
(b) Bank guarantee or an irrevocable stand-by letter of credit issued by a

reputable bank in Manila, Philippines or abroad and acceptable to ADB;
(c) Sovereign guarantee in the amount of one hundred percent (100%) of

the Contract Price; or
(d) Such form as may be specified in the SCC.
12.3. The SUPPLIER shall submit the performance security within ten (10)
calendar days from receipt of the Letter of Acceptance of Bid or Notice of
Award from ADB, unless otherwise specified in the SCC but in no case later
than the signing of the contract by both parties.
12.4. Unless otherwise specified in the SCC, ADB shall discharge and return the
performance security to the SUPPLIER not later than thirty (30) days
8
following the date of complete performance of the SUPPLIER’s obligations
under the Contract, including warranty obligations, and upon issuance by the
ADB of a Certificate of Completion/Acceptance to that effect.
12.5. ADB shall have the right to unilaterally call the Performance Security when
ADB determines that:
(a) The SUPPLIER, in violation of or contrary to its warranties under the

Contract, does not have the required license, permit, power and/or
authority to enter into and fully perform its obligations under the
Contract;
(b) The SUPPLIER failed to submit to ADB the Good Social Management
Certificate included among the Contract Documents; misrepresented or
made false statements in the Certificate; or failed to fulfill any of its
warranties and obligations under the Contract; or,
(c) The SUPPLIER breached the Contract and failed to remedy the breach, if
ADB deems such breach remediable, within seven [7] calendar days from
receipt of notice from ADB.
General Liability Insurance & Indemnity
12.6. Before commencing performance, the SUPPLIER may be required to acquire a

Comprehensive General Liability Insurance taking into account such conditions
acceptable to ADB, including, but not limited to the following:
(a) The SUPPLIER shall be liable for and shall indemnify and hold ADB
harmless against the costs of claims against ADB arising out of injury to or
death of any person, or any loss of or damage to property, including the
property of ADB, due to the negligence of the SUPPLIER or person's acting
for the SUPPLIER.
(b) The face value of the insurance shall not be less than Pesos Two
Million Five Hundred Thousand (P2,500,000.00) for each occurrence, and the
insurance shall be automatically renewed after the face value has been
expended.
12.7. The SUPPLIER shall indemnify and hold ADB free and harmless from any
and all claims made by the SUPPLIER's personnel under Philippine labor
laws and other related legislation, including but not limited to, the minimum
wage law.
General Conditions for Securities and Insurance
12.8. The SUPPLIER shall furnish evidence that the securities and/or insurance were
taken at the time required and continue to be in effect before executing the
Contract, during the Contract Period, and after termination for a period
specified in the SCC. The SUPPLIER shall deposit with ADB a copy of the
required securities and/or insurance policy/ies and receipts for payment of the
corresponding premium, as applicable, within the time required above.
12.9. If the SUPPLIER fails to take the required insurance or fails to maintain the
same, ADB may make alternative arrangements to protect ADB's interest,
9
including but not limited to, taking out and maintaining the required insurance
itself and recovering the cost from the SUPPLIER.
12.10. The SUPPLIER shall obtain and maintain such other insurance or securities
as the Parties may agree, as indicated in the SCC.
12.11. OAIS-PC/CAU, in coordination with the User Units, shall monitor compliance
with these requirements.
13. SUPPLIER’S UNDERTAKING
13.1. The SUPPLIER shall immediately notify ADB in writing when:
(a) the SUPPLIER merges with, acquires, or transfers all or substantially all
its assets to another entity;
(b) any person or entity acquires directly or indirectly the beneficial ownership
of equity securities and, consequently, the power to elect a majority of the
board of directors of the SUPPLIER, or otherwise acquires directly or
indirectly the power to control the policy making decisions of the
SUPPLIER;
(c) the SUPPLIER is dissolved; applies for insolvency or bankruptcy; or

otherwise admits in writing its inability to pay its outstanding obligations;
(d) the SUPPLIER is administratively or judicially declared insolvent or

bankrupt, placed under receivership, administration, rehabilitation or
liquidation;
(e) the SUPPLIER’s financial condition becomes significantly unstable and

threatens to jeopardize the SUPPLIER’s ability to perform its obligations
under the Contract;
(f) the SUPPLIER loses any license or authorization required to perform its
obligations under the Contract; or
(g) the SUPPLIER faces any event beyond the control of the SUPPLIER or
a situation that makes it impossible for the SUPPLIER to carry out its
obligations under the Contract.
ADB and the SUPPLIER shall explore alternative arrangements to implement the
Contract under any or all of the above circumstances.
13.2. Machines or equipment that ADB issues to the SUPPLIER for free, as
indicated in the SCC, shall remain the property of ADB; and ADB may
recover them from the SUPPLIER at any time. The SUPPLIER shall not,
under any circumstances, have a lien or any other interest on such machines
or equipment; and the SUPPLIER shall at all times possess them only as
fiduciary agent and bailee of ADB. The SUPPLIER shall not commingle the
machines or equipment with its own, and shall accordingly advise all sub-
contractors and other interested third parties of ADB's ownership of such
machines or equipment.
13.3. The SUPPLIER shall compensate ADB for the loss of or damage to machines
or equipment that ADB has provided to the SUPPLIER when ADB finds that
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the loss or damage resulted from the willful act or gross negligence of the
SUPPLIER’s personnel. Upon expiration or termination of the Contract, the
SUPPLIER shall immediately return, without need of demand, the
machine(s)/equipment that ADB had supplied.
13.4. The SUPPLIER shall ensure that the SUPPLIER's personnel behave
according to generally acceptable standards in delivering the Goods and
Related Services under the Contract. The SUPPLIER shall further require its
personnel to comply with ADB's safety and security regulations and other
regulations concerning the movement and conduct of persons on ADB
premises, including but not limited to, the requirement to wear appropriate
identification cards while inside ADB premises (Ref to Appendix xx: ADB
Safety and Security Procedures).
13.5. ADB reserves the right to refuse entry into or remove from ADB Premises
SUPPLIER's personnel who, in ADB's judgment, are under the influence of
alcohol or other drugs or, for any reason, are deemed incapable of safely and
reliably performing assigned work or whose behavior does not conform to
generally accepted standards.
13.6. SUPPLIER’s personnel who commit an offense on ADB Premises shall be

removed from ADB Premises and/or surrendered to local law enforcement
authorities. For this purpose, the SUPPLIER recognizes the authority of
OAFA-SE to summon SUPPLIER’s employees for investigation. Such
offenses include, but are not limited to, the following:
(a) Theft/Pilferage. Removing or attempting to remove from ADB Premises,

without Gate Pass or authority to do so, ADB properties, regardless of the
condition or value of such property; or stealing personal properties while
on ADB premises.
(b) Damage or Disruption. Deliberately or through culpable negligence

disrupting ADB operations, and/or otherwise causing damage to or
destroying ADB’s property.
(c) Drunkenness/Alcoholism. Consuming intoxicating beverages on ADB

Premises or reporting for work under the influence of alcohol.
(d) Using Prohibited Drugs. Includes possessing, pushing, consuming or

otherwise using prohibited drugs, hallucinogenic substances or narcotics
on ADB premises.
(e) Gambling. Gambling in any form while on ADB premises.
(f) Violence. Using force, physical assault, coercion, threat, intimidation,

extortion, bribery, or engaging in other unlawful activities with ADB or
non-ADB personnel for any purpose whatsoever.
(g) Possessing Firearms and other deadly weapons. Carrying firearms,

licensed or unlicensed, and/or other deadly weapons while on ADB
premises.
13.7. The SUPPLIER's personnel are urged to remain within the location(s)/area(s)
where they are authorized to be and/or are assigned. However, the
SUPPLIER's personnel may use ADB's cafeteria for their normal breakfast or
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lunch (12:30PM to 1:30PM only) while on duty. The SUPPLIER's personnel
should leave ADB Premises within a reasonable time after completing Delivery.
13.8. The SUPPLIER shall not pay any commissions, or fees; grant any rebates or
give gifts or favors; or otherwise enter into any financial or business
arrangements with ADB personnel or their dependents during the effectivity of
the Contract.
13.9. The SUPPLIER is an independent contractor of ADB. The Contract shall not
nor be deemed to create the relationship of employer and employee, master
and servant, or principal and agent between ADB and the SUPPLIER or the
SUPPLIER’s employees, agents or any other persons engaged by the
SUPPLIER to perform its obligations under the Contract. Accordingly, neither
Party shall be authorized to act in the name or on behalf of, or otherwise bind
the other Party, save as expressly permitted by the terms of the Contract.
14. TECHNICAL SPECIFICATIONS
14.1. The Goods and Related Services shall conform to the technical specifications
provided in the SCC. When no applicable standard is specified, the latest,
authoritative standards customarily applicable to the Goods and Related
Services in the place where the Goods and Related Services would be used
shall apply. ADB and the SUPPLIER shall agree on which customary
standards to apply.
14.2. The SUPPLIER shall perform its obligations under the Contract diligently,
observe good social management practices, and comply with relevant laws,
regulations, decrees and orders of competent government agencies or
authorities. The SUPPLIER shall submit to ADB the Good Social
Management Certificate [Ref. to Appendix XX: Form of Good Social
Management] within fifteen calendar days from the effective date of the
Contract, and subsequently during the effectivity of the Contract, as indicated
in the SCC. Otherwise, ADB shall either deduct from any or all invoices
payable to the SUPPLIER a sum of up to 30% of the invoice value or
Contract Price as a non-refundable penalty. This is without prejudice to other
remedies or measures that ADB may avail of under the Contract. The
SUPPLIER undertakes that it shall not directly or indirectly pass the penalty
above, entirely or in part, to its employees.
14.3. The SUPPLIER shall deliver Goods and Related Services that conform to
ADB's environmental policy to, among others, conserve energy, water, wood,
paper and other resources, reduce waste and phase out the use of ozone
depleting substances and minimize the release of greenhouse gases, volatile
organic compounds and other substances damaging to health and the
environment. ADB shall indicate in the SCC specific sustainability and
environmental requirements, including applicable eco-labels, if there are any.
14.4. The SUPPLIER shall comply with health and safety measures of ADB. The
SUPPLIER shall promptly notify ADB of any health and safety hazards which
may arise in connection with the performance of its obligations under the
Contract. ADB shall promptly notify the SUPPLIER of any health and safety
hazards which may exist or arise in ADB's premises and which may affect the
SUPPLIER in performing its obligations under the Contract.
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14.5. The SUPPLIER shall notify ADB immediately of any incident occurring in
connection with or as a result of performing its obligations under the Contract
on ADB premises, particularly where the incident causes any personal injury
or damage to property which could give rise to personal injury.
14.6. As evidence of compliance with Philippine labor, social welfare and

environment laws and regulations, the SUPPLIER shall submit to OAIS-
PC/CAU a certification that the Goods and Related Services subject of the
Contract were not manufactured in violation of such local and/or international
labor, occupational safety and environmental standards.
15. PRE-TESTING AND/OR EVALUATION
15.1. To confirm that the Goods and Related Services comply with the Technical
Specifications, the SUPPLIER shall allow ADB to test and/or evaluate the
Goods and Related Services on or within a reasonable time after Delivery but
before Final Acceptance. The SUPPLIER or its subcontractor(s) shall furnish
all reasonable facilities and assistance, including access to drawings and
production data and other relevant documents at no cost to ADB. Details of
the pre-testing and/or evaluation that ADB requires, if there are any, shall be
specified in the SCC.
15.2. The ADB may reject the Goods and Related Services when they are
evaluated to be inadequate or not conforming to the Technical Specifications
provided in the SCC. ADB shall ask the SUPPLIER to either rectify or
modify/improve or replace the Goods and Related Services, as necessary,
and at no cost to ADB, to meet the required specifications.
15.3. The SUPPLIER's consent to the pre-testing and/or evaluation of the Goods
and Related Services or inspection of the Spare Parts shall not release the
SUPPLIER from its warranties or other obligations under the Contract.
16. SERVICE LEVEL AGREEMENT [SLA]
To achieve and maintain a high level of performance and where applicable, ADB and
the SUPPLIER shall execute an SLA that sets their mutual expectations,
specifies the aspects of delivery of the Goods and Related Services under the
Contract, and identifies indicators to measure the SUPPLIER’s level of
performance.
The SLA between ADB and the SUPPLIER shall include conditions for incurring
service level credits or earning incentives. At least 80% of the total service
level incentives shall be distributed among deserving personnel of the
SUPPLIER.
The SUPPLIER shall report to ADB, as necessary, actual use and/or disposition of
service level incentives.
17. WARRANTIES AND REPRESENTATIONS
17.1. The SUPPLIER warrants that it has full capacity, authority and consent,
including the consent of its parent company, where applicable, and that it
possesses the necessary licenses, permits, and power to execute and
perform its obligations under the Contract. The SUPPLIER further warrants
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that the Contract is executed by the Authorized Representative of the
SUPPLIER.
17.2. All information contained in the SUPPLIER's Bid are true, accurate and not
misleading, except those that the SUPPLIER may have specifically disclosed in
writing to ADB before executing the Contract;
17.3. To the best of the SUPPLIER's knowledge and belief, no claim is being
asserted and no litigation, arbitration or administrative proceeding is presently
in progress, pending or being threatened against the SUPPLIER or any of its
assets that could materially and adversely affect the SUPPLIER's ability to
deliver the Goods and Related Services under the Contract.
17.4. The SUPPLIER is not subject to any contractual obligation that would
materially and adversely affect the SUPPLIER's ability to deliver the Goods and
Related Services under the Contract; nor has the SUPPLIER done or omitted
to do anything that could materially and adversely affect its assets, financial
condition or position as a going business concern.
17.5. The SUPPLIER has not filed nor is it facing proceedings for winding up its
business or for dissolution, insolvency, bankruptcy, or the appointment of a
receiver, liquidator, administrator or similar officer in relation to any of the
SUPPLIER’s assets or revenue. The SUPPLIER expressly warrants its
financial viability and shall permit ADB to inspect the SUPPLIER’s accounts,
financial statements and other records relevant to the performance of the
SUPPLIER under the Contract, or otherwise have these accounts and
records audited externally, as ADB may deem necessary.
17.6. The SUPPLIER has undertaken all financial accounting and reporting activities
required under the generally accepted accounting principles that apply to the
SUPPLIER and in the country where it is registered and has complied with
applicable securities and tax laws and regulations.
17.7. The SUPPLIER further warrants that Goods and Related Services and Spare
Parts, if any, supplied under the Contract have no defect/s arising from
design, materials, workmanship; or damage resulting from any act or
omission of the SUPPLIER, or those that may develop under normal use of
the Goods and Related Services and Spare Parts.
17.8. To ensure that the SUPPLIER would correct or cause the correction of all
defects, the SUPPLIER extends the warranty against defects for a minimum
period of three (3) months for supplies and/or one (1) year for equipment,
counted after complete performance of the Contract or other such period as
may be specified in the SCC. When applicable, the extended warranty shall
be secured by, at the SUPPLIER’s option, retention of at least ten percent
(10%) of every progress payment, or a special bank guarantee of at least ten
percent (10%) of the total Contract Price, or such amount as may be specified
in the SCC. The security shall be released only after the lapse of the
extended warranty period, after the Goods and Related Services provided are
confirmed to be free from patent and latent defects, and all the conditions
imposed under the Contract have been fully met.
17.9. The SUPPLIER shall further be liable for implied warranties under applicable
laws.
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17.10. ADB shall promptly notify the SUPPLIER in writing of any claims arising
under any or all of the express and implied warranties provided in the
Contract. Upon receipt of such notice, the SUPPLIER shall, within the period
specified in the Subparagraph 17.8, repair or replace the defective Related
Goods or parts thereof, without costs to ADB.
17.11. If the SUPPLIER, after notice, fails to remedy the defect(s) within the period
specified in the Subparagraph 17.8, ADB may take remedial action, as
necessary, at the SUPPLIER’s risk and expense and without prejudice to any
other rights which ADB may have against the SUPPLIER under the Contract
and other applicable laws.
17.12. The copyright for all drawings, documents, and other materials containing
data and information furnished to ADB by the Supplier herein shall remain
vested in the Supplier, or, if they are furnished to ADB directly or through the
Supplier by any third party, including suppliers of materials, the copyright in
such materials shall remain vested in such third party.
18. ADB’S RESPONSIBILITIES
18.1. ADB shall pay the Contract Price, according to the agreed terms and manner
of payment therein and subject to the following conditions:
(a) The SUPPLIER’s request(s) for payment shall be made to ADB in

writing; accompanied by an invoice describing the Goods and Related
Services delivered; and upon fulfillment of other obligations stipulated in
the Contract.
(b) The SUPPLIER shall submit such documents supporting the

SUPPLIER's invoice, as ADB may reasonably require.
(c) Unless otherwise specified in the SCC, payments shall be made only
after the Head of the User Unit certifies that the Goods and Related
Services were evaluated and found to be delivered according to the
terms of the Contract.
(d) ADB shall pay promptly and not later than thirty (30) days after the
SUPPLIER submits an invoice. The SUPPLIER shall accept payments
as full satisfaction of the SUPPLIER’s entire claim arising out of or in
connection with the Contract.
(e) Except with the prior approval of the Head of the User Unit, no payment
shall be made for Goods and Related Services not yet delivered under
the Contract.
(f) Unless otherwise agreed with the SUPPLIER, ADB shall remit payment
of the Contract Price by electronic transfer. The SUPPLIER shall
provide ADB the SUPPLIER’s bank details such as bank name, bank
address/branch, account name, and account number on its invoices or
request for payment.
18.2. When performance of the obligations in the Contract requires the SUPPLIER
to obtain permits, approvals, or import and other licenses from local public
authorities and the SUPPLIER requests ADB's assistance in this regard, ADB
15
may exert best efforts to assist the SUPPLIER in completing such
requirements in a timely and expeditious manner.
19. DELAY
19.1. Delivery of the Goods and Related Services shall be made by the SUPPLIER
on the Delivery Date or Dates that ADB has provided in Paragraph 10 above.
19.2. If the SUPPLIER or its Subcontractor(s) encounters conditions impeding

timely delivery of the Goods, the SUPPLIER shall notify ADB in writing and at
the soonest opportunity of the fact of the delay, its likely duration and
cause(s). ADB shall evaluate the situation and advice the SUPPLIER if the
Delivery Date or Dates can be extended.
19.3. Delay in delivery shall render the SUPPLIER liable for liquidated damages
provided below, unless ADB extends the time of performance or when ADB
determines that the delay was due to Force Majeure, as defined below and
subject further to the conditions in the Contract.
19.4. Delay may constitute default that may result in terminating the Contract,
forfeiting the SUPPLIER's Performance Security and/or awarding the
Contract to another qualified Supplier.
20. LIQUIDATED DAMAGES
20.1. If the SUPPLIER fails to deliver the Goods and Related Services on Delivery
Date or Dates, ADB shall deduct from the Contract Price, Liquidated
Damages equivalent to a percentage of the Contract price for every week of
delay or part thereof until actual delivery or performance. The actual rate,
factor of deduction and the maximum allowable deduction are specified in the
SCC.
20.2. Liquidated damages shall be imposed without prejudice to other remedies

under the Contract and under applicable laws. Once the maximum allowable
deduction for Liquidated Damages provided above is reached, ADB may
consider terminating the Contract based on the grounds provided below.
21. FORCE MAJEURE
21.1. Neither Party shall be liable to the other for any delay in performing, or failure
to perform, its obligations under the Contract when the delay or failure is
caused by Force Majeure or fortuitous event, as defined in Paragraph 1
above. In these cases, ADB shall not call the SUPPLIER’s Performance
Security, impose liquidated damages, or terminate the Contract for default.
21.2. In cases of Force Majeure, the SUPPLIER shall promptly notify ADB in writing
of the relevant circumstances. Unless otherwise directed by ADB in writing,
the SUPPLIER shall continue performing as much of its obligations as
reasonably practical, and undertake reasonable alternative means of
performance not prevented by the Force Majeure.
22. CONTRACT AMENDMENT
16
22.1. ADB and the SUPPLIER shall not vary or modify the terms of the Contract
except by prior written amendment duly signed by the Parties.
22.2. The SUPPLIER shall submit to the Principal Director, OAS, through OAIS-
PC/CAU, a written proposal to amend and/or modify the Contract. Proposals to
amend may include, but not be limited to, changes in the kind of Goods,
payment terms or completion schedule. The proposed amendment and/or
modification shall not take effect until endorsed by the Principal Director, OAS
and approved by the appropriate approving authority.
23. TERMINATION FOR DEFAULT
23.1. ADB shall terminate the Contract for default when:
(a) The SUPPLIER fails and/or Delays to deliver the Goods and Related
Services on the Delivery Date or Dates or within the extended warranty
periods that ADB would grant under Paragraph 19 above;
(b) the undelivered Goods and Related Services amount to at least ten
percent (10%) of the Contact Price;
(c) The SUPPLIER fails to continue delivering the Goods and Related
Services amounting to at least ten percent (10%) of the Contract Price
within sixty (60) calendar days from receipt of written notice from ADB
informing the SUPPLIER that the Force Majeure had ceased; or
(d) The SUPPLIER fails to perform any other obligation under the Contract.
23.2. When ADB terminates the Contract in whole or in part, ADB may procure
similar Goods and Related Services, and the SUPPLIER shall be liable for
any excess costs that ADB may incur as a result. The SUPPLIER shall
continue performing its obligations provided under parts of the Contract that
remain effective.
24. TERMINATION FOR INSOLVENCY AND CHANGE OF CONTROL
24.1. ADB may terminate the Contract when:
(a) the SUPPLIER undertakes legal proceedings to dissolve or wind up its

business, or be declared bankrupt and/or insolvent.
(b) a creditor or encumbrancer attaches or takes possession of, or a

distress, execution, sequestration or other such process is levied or
enforced on or sued against, the whole or any part of the SUPPLIER's
assets and such attachment or process is not discharged within fifteen
[15] days; or,
24.2. Termination for insolvency shall not entitle the SUPPLIER to compensation
other than for Goods and Related Services already delivered; it shall be
without prejudice to any right of action or remedy that has accrued or will
accrue thereafter to ADB and/or the SUPPLIER.
17
24.3. If a significant change in the ownership and/or control of the SUPPLIER
threatens to disrupt or adversely affect delivery of the Goods, ADB may
terminate the Contract for change of control when:
(a) the SUPPLIER merges with, acquires, or transfers all or substantially all
its assets to another entity;
(b) any person or entity acquires directly or indirectly the beneficial ownership
of the SUPPLIER and, consequently, the power to elect a majority of the
board of directors of the SUPPLIER;
(c) any person or entity otherwise acquires directly or indirectly the power to
control the policy making decisions of the SUPPLIER; or
(d) where applicable, the SUPPLIER dies or otherwise loses legal capacity
to contract.
25. TERMINATION FOR UNLAWFUL ACTS
25.1. ADB may terminate the Contract if ADB determines that the SUPPLIER has
committed unlawful acts during the procurement of the Goods and Related
Services or implementation of the Contract. Unlawful acts include, but are
not limited to, the following:
(a) Corrupt, fraudulent, or coercive practices defined in Paragraph 6 above;
(b) Forging or using forged documents;
(c) Using adulterated materials, means or methods; or using production

methods contrary to the rules of science or the trade;
(d) Any of the offenses enumerated in Subparagraph 13.6 above; or
(e) Other acts analogous to the foregoing.
26. TERMINATION FOR OTHER CAUSES
26.1. ADB may terminate the Contract, in whole or in part, at any time and for other
causes, as ADB deems fit. These causes include, but are not limited to, the
existence of conditions that make delivery of the Goods and Related Services
economically, financially or technically impractical and/or unnecessary;
unexpected, extraordinary circumstances that do not constitute fortuitous
event(s); or changes in the law and national government policies that apply to
the SUPPLIER.
26.2. The Goods and Related Services that were already delivered and/or
otherwise ready for delivery within thirty (30) calendar days after the
SUPPLIER’s receipt of Notice to Terminate shall be accepted by the ADB
under the terms and for the price/s provided in the Contract. For Goods and
Related Services not yet delivered and/or ready for delivery, ADB may elect
to:
(a) have any portion delivered and/or performed and paid at the existing
contract terms and prices; and/or
18
(b) cancel the remainder and pay the SUPPLIER an agreed amount to
cover partial performance and materials, parts or other necessary
expenses already incurred by the SUPPLIER.
26.3. As a result of termination under this Paragraph, the SUPPLIER shall be

allowed to recover, on a quantum meruit basis and as ADB and the
SUPPLIER may agree, partial loss/es including, but not limited to, the cost of
raw materials for the Goods and Related Services that cannot be sold in the
open market. However, the CONTACTOR must first establish the fact of loss
to the satisfaction of the ADB.
27. PROCEDURES FOR TERMINATION
27.1. OAIS-PC/CAU, on its own or, within seven [7] days upon receipt of a written
report from the Head of the User Unit alleging acts or causes that may
constitute ground(s) for termination, shall verify the existence of ground(s) for
termination.
27.2. OAIS-PC/CAU shall submit to the Principal Director, OAS a Verified Report
with supporting documents or evidence and a corresponding
recommendation to commence termination. Upon approval of the Principal
Director, OAS, OAIS-PC/CAU shall send to the SUPPLIER a copy of the
Verified Report and a written notice stating:
(a) that the Contract is being terminated for the ground(s) mentioned
above, with summary statement of the acts/omissions that constitute the
ground(s) for terminating;
(b) the extent of termination, whether in whole or in part;
(c) that the SUPPLIER must show cause why the Contract should not be
terminated; and
(d) special instructions of ADB, if there are any.
27.3. Within seven (7) calendar days from receipt of the notice, the SUPPLIER
shall submit to OAIS-PC/CAU an answer stating why the Contract should not
be terminated. If the SUPPLIER fails to answer, or OAIS-PC/CAU, in
consultation with the user Unit, deems the answer unacceptable, OAIS-
PC/CAU shall recommend termination to Principal Director, OAS.
27.4. ADB may, at anytime before receipt of the SUPPLIER’s answer, decide to
withdraw the Notice to Terminate if ADB determines that the SUPPLIER had
already completed delivery of the Goods and Related Services before
receiving the Notice.
27.5. After evaluating the SUPPLIER's answer and the Verified Report, the
Principal Director, OAS shall endorse termination, as appropriate, to the
Contract's approving Authority. Within a non-extendable period of ten (10)
calendar days from receipt of the endorsement, the approving authority of the
Contract shall decide to terminate the Contract or not. ADB shall serve a
written notice to the SUPPLIER of the decision and, unless otherwise
provided in the notice, the Contract shall be deemed terminated immediately
upon the SUPPLIER's receipt of the notice.
19
27.6. PD, OAS or the IPC, as appropriate, may create a Contract Termination
Review Committee (CTRC) to assist in evaluating cases for termination.
Decisions recommended by the CTRC shall be subject to the approval of the
applicable approving authority.
28. TRANSITION
After the Contract period or when the Contract is pre-terminated for any of the
causes provided above, the SUPPLIER shall participate in ensuring the
smooth, well-organized and seamless transition to a new Supplier. ADB and
the SUPPLIER agree to be bound by the following conditions:
(a) The SUPPLIER shall submit a business continuation or transition plan,

which ADB must first approve before implementation.
(b) The SUPPLIER shall deliver the Goods until termination date without
further delay or according to a schedule agreed with ADB and the User
Unit. The SUPPLIER shall deploy an adequate staff complement of the
appropriate level or seniority to ensure efficient delivery of the Goods,
including but not limited to, turn-over to the succeeding SUPPLIER.
(c) The SUPPLIER shall account for all equipment, facility or property of
ADB, including documents and information in whatever format that the
SUPPLIER possesses or otherwise uses in delivering the Goods.
(d) The SUPPLIER agrees to transfer or turn-over the technology,

knowledge or information required to allow continuation of the function
and deploy the required personnel for this purpose at costs chargeable
to the new SUPPLIER.
ADB and the SUPPLIER shall agree on other conditions necessary to ensure smooth
transition of the business and uninterrupted delivery of the Goods.
29. TRANSFER AND SUBCONTRATING
29.1. The SUPPLIER shall not assign or transfer the Contract or specific rights or
obligations under it without ADB’s prior written consent.
29.2. When allowed by the nature of the Goods and Related Services or not
prohibited in the SCC, and subject to the conditions under applicable labor
legislations and provided in the SCC, the SUPPLIER may engage a
Subcontractor or a Consultant to deliver the Goods and Related Services.
The relevant provisions of the Contract shall apply to the Subcontractor,
Consultant or their respective employees, as if they were employees of the
SUPPLIER. However, the SUPPLIER shall be solely liable to ADB for the
Goods and Related Services delivered by the Subcontractor or Consultant.
29.3. ADB may require the SUPPLIER to submit copies of such sub-contracting
and/or consultancy agreements.
30. WAIVER
20
30.1. The failure or Delay of either Party to insist upon strict performance of any
provision of, or exercise any right or remedy under the Contract shall not
constitute a waiver of that right or remedy nor diminish the obligations
established by the Contract.
30.2. No waiver shall be effective unless it is expressly stated to be a waiver and

communicated to the other Party in writing according to this Paragraph.
30.3. A waiver of any right or remedy arising from a breach of the Contract shall not
constitute a waiver of any right or remedy arising from any other or
subsequent breach of the Contract.
31. ENTIRETY AND SEPARABILITY
31.1. The Contract supersedes all prior written or verbal agreement between ADB
and the SUPPLIER and contains the reciprocal obligations of the parties
pertaining to or arising out of the delivery of the Goods. However, this shall
not excuse any Party from liability arising from fraud or fraudulent
misrepresentation.
31.2. Should any Paragraph, Subparagraph or part of the Contract be held by a

competent court or tribunal to be invalid, unenforceable, or void, the decision
shall not affect the validity of the entire Contract or of those parts that are not
so declared or otherwise remain capable of partial or separable performance.
32. USE OF CONTRACT DOCUMENTS AND INFORMATION
32.1. ADB and the SUPPLIER shall keep confidential and shall not, without the
written consent of the other party hereto, divulge to any third party to the
Contract, any of its provisions, documents, data, or other information
furnished directly or indirectly by the other party hereto in connection with the
Contract, whether such information has been furnished prior to, during or
following completion or termination of the Contract. Notwithstanding the
above, the SUPPLIER may furnish to its Personnel and/or Subcontractor
such documents, data, and other information it receives from ADB to the
extent required for the Personnel and/or Subcontractor to perform its work
under the Contract, in which event the SUPPLIER shall obtain from such
Personnel and/or Subcontractor an undertaking of confidentiality similar to
that imposed on the SUPPLIER under GCC Paragraph 32.
32.2. ADB shall not use such documents, data, and other information received from
the Supplier for any purposes unrelated to the Contract. Similarly, the
Supplier shall not use such documents, data, and other information received
from ADB for any purpose other than the design, procurement, or other work
and services required for the performance of the Contract.
32.3. The obligation of a party under GCC Subparagraphs 32.1 and 32.2 above,
however, shall not apply to information that:
(a) now or hereafter enters the public domain through no fault of that party;
(b) can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or indirectly,
from the other party; or
21
(c) otherwise lawfully becomes available to that party from a third party that
has no obligation of confidentiality.
32.4. The above provision of GCC Paragraph 32 shall not in any way modify any
undertaking of confidentiality given by either of the parties hereto prior to the
date of the Contract in respect of the Supply or any part thereof.
32.5. The SUPPLIER shall not make any press announcement; publicize the
Contract or any part thereof; or use ADB's name in publicity releases or
advertisements during and after the term of the Contract, except with ADB's
written consent and subject to the conditions provided in the SCC.
32.6. The Contract and Contract Documents are properties of ADB. All copies shall
be returned to OAIS-PC/CAU upon completion of the SUPPLIER’s obligations
and termination of the Contract.
32.7. The SUPPLIER shall keep and maintain until 6 years after the end of the
Contract Period, or as long a period as may be agreed between the Parties,
full and accurate records of the Contract including the Goods and Related
Services supplied and all payments made under the Contract. The
SUPPLIER shall extend to ADB or its representatives access to those records
that ADB may request in connection with the Contract.
32.8. The provisions of GCC Paragraph 32 shall survive completion or termination,

for whatever reason, of the Contract
33. SETTLEMENT OF DISPUTES
33.1. ADB and the SUPPLIER shall exert efforts to amicably resolve by mutual
consultation disputes arising between them in connection with or as a result
of the Contract within thirty [30] days of either Party's notice of the dispute to
the other. During this period, the User Unit, in consultation with OAIS-
PC/CAU, and the SUPPLIER's personnel directly involved should first attempt
in good faith to settle the dispute among themselves before escalating it to
the Principal Director, OAS and their respective counterpart/s.
33.2. After the initial thirty [30] day-period, the Parties shall consider referring
unresolved disputes to mediation, unless ADB considers the dispute not
suitable for mediation or the SUPPLIER does not consent. The Parties shall
appoint a neutral mediator from a reputable association of accredited
mediators or their own short-list of dispute resolution professionals. The
mediator shall formulate a simplified procedure for mediation and complete
the mediation within fifteen [15] days from his appointment.
33.3. Should efforts to resolve disputes under the preceding Subparagraphs fail,
either party shall commence arbitration by sending notice to the other party
stating in detail the issue to be resolved and that the dispute shall be referred
to arbitration. The International Chamber of Commerce's [ICC] Rules of
Arbitration in force upon commencement of arbitration shall apply. The
arbitration shall be in English; it shall take place in Manila and be governed by
Philippine law. Each party shall pay its own costs.
33.4. Notwithstanding unresolved disputes, the Parties shall continue to perform

their respective obligations under the Contract or otherwise adopt provisional
measures to ensure uninterrupted delivery of the Goods.
22
34. COUNTERPART
34.1. This Contract may be executed in counterparts, each of which when executed
and delivered shall constitute an original, but all counterparts together shall
constitute one and the same instrument.
verDec/2015
23
SPECIAL CONDITIONS OF CONTRACT
(Contract No. ADB/OAS-2016/___)
The following Special Conditions of Contract (SCC) shall supplement the General Conditions of
Contract (GCC). Whenever there is conflict, the provisions herein shall prevail over those in
GCC.
Number of Amendments of, and Supplements to, Clauses in the General

GC Clause Conditions of Contract
1.1(e) The Contract name is DESIGN, SUPPLY, INSTALLATION, TESTING,

UNITS 200-kVA UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM.
1.1(ee) The SUPPLIER is ___________________.
3.1 The Governing Law is Philippines.
3.2 The language is English.
4.2 The addresses are:

Asian Development Bank (ADB): 6 ADB Avenue, Mandaluyong City,
Metro Manila, Philippines
Attention:
Telephone:
Facsimile:
SUPPLIER:
Attention:
Telephone:
Facsimile:
5.1 The Authorized Representatives are:

For ADB:
For the SUPPLIER: ___________________________
Either Party may designate a new Authorized Representative by serving

written notice on the other. The designation shall take effect immediately
upon receipt of the Notice.
7.1 Does the SUPPLIER have employees related to ADB staff? ___ Yes ___
No
(See Appendix XX: Conflict of Interest Disclosure Form)
8.1 The SUPPLIER shall deliver the following Goods:
1
(See Appendix XX: Bill of Quantities)
8.2 The SUPPLIER shall install the Goods and/or provide the necessary Spare
Parts listed below, subject to the following conditions:
(See Appendix XX: Work Performance Statement)
9.1 The Contract Price is _________________________ [figures].

(See Appendix XX : Financial Bid)
9.2 Payments will be made according to the following schedule:

a) Upon delivery of equipment to ADB 50%
b) Upon completion of all installations at ADB site 30%
c) Upon Testing and Commissioning 20%
A retention of ten percent (10%) will be deducted from each payment and
be retained by ADB for the duration of the warranty period.
For the Total Service Maintenance, payment shall be made within 30
calendar days from the date of receipt of covering invoice (and related
documents) in a form satisfactory to ADB.
9.3 The Contract Price is fixed.
10.1 The Contract Period is __________.

The Starting Date for the commencement of Services is ___________.
The Intended Completion Date is ______________.
12.1 The Performance Security is 100% of the Total Contract Price.
12.2 The Performance Security shall be in the form of Performance Bond. (See
Appendix XX: Form of Performance Bond)
12.3 The Performance Security shall be submitted within 15 calendar days from
the date of receipt of Letter of Acceptance of Bid.
12.4 ADB shall discharge the Performance Security 30 days after the completion
date of the Contract.
12.6 The amount of Comprehensive General Liability Insurance (CGLI) is in the

amount of Pesos: Two Million Five Hundred Thousand (P2,500,000).
12.8 The Performance Security (and other indemnities as may be applicable)

shall continue after expiration of the Contract Period or Termination of the
Contract for a period of 30 days.
12.10 Other insurance/indemnities required: None
2
13.1 Alternative measures applicable subject to GCC clause 13.1: None
13.2 ADB shall provide the following machines and/or equipment: None
14.1 The SUPPLIER shall deliver Goods with the following Technical
Specifications: (See Appendix XX: Bill of Quantities)
14.2 Schedule of subsequent submission of the SUPPLIER'S Good Social

Management Certificate (GSMC) [Appendix XX]:
14.3 The applicable environmental and sustainability requirements of ADB are:

ISO14001 and OHSAS18001
15.1 ADB shall conduct the following pre-tests/evaluation: Refer to Appendix

XX: Work Performance Statement
16.1 The SUPPLIER shall achieve a high level of performance as specified in the
Service Level Agreement: (Appendix XX: Service Level Agreement)
17.8 Warranty
The equipment and related works shall have a warranty of two (2) years
from the date of installation acceptance. The UPS module shall be covered
by a full parts and labor warranty from the manufacturer for a period of 24
months from date of installation or acceptance by the owner. All defective
parts shall be replaced free of charge within the warranty period
All batteries shall have warranty of two (2) years from the date of
installation. The manufacturer’s standard warranty for batteries must be
turned-over to ADB after the testing and commissioning of the system
For purposes of this warranty, the SUPPLIER consents to a retention sum
at the rate of ten percent (10%).
18.1 Other conditions for payment: See clause 9.2
20.1 The liquidated damages rate is one-half percent (0.5%) of the Contract price
for each day of delay, and the maximum allowable deduction is ten percent
(10%) of the Contract price.
29.2 Conditions for sub-contracting, as applicable: Not applicable.
32.3 Conditions for making announcements: prior consent of ADB.
Updated.Dec2015
3
CONFLICT OF INTEREST DISCLOSURE STATEMENT
1. Name of Company /Supplier:
_________________________________________________________________________
2. Name of Company/Supplier’s Representative/Employee submitting statement:
_________________________________________________________________________
3. Title or position in the Company:
_________________________________________________________________________
4. This statement is submitted as a "single transaction disclosure statement," of actual and/or

potential conflict of interest with contracts and/or purchases related to ADB’s Institutional
Procurement. It applies to any bidder, offeror, contractor, consultant, or subcontractor or sub-
consultant at any tier, and also includes any of their employees or agents who has or will have
the authority to control or supervise all or a portion of the work/services for which a bid or offer is
made or a contract entered into.
Pursuant to ADB’s Anticorruption Policy, “conflict of interest” refers to a situation in which a party
has interests that could improperly influence that party’s performance of official duties or
responsibilities, contractual obligations or compliance with applicable laws and regulations.
5. Description of Contract(s), Purchase(s) or Bid:

1
6. Description of actual or potential conflict of interest
_________________________________________________________________________
_________________________________________________________________________
(Continue in additional sheets, as necessary.)
7. If any material change to the responses provided on this disclosure form occurs, I undertake to
update the information above accordingly and to submit the updated form to the Unit Head,
Procurement and Contracts Administration, Office of Administrative Services (OAPC), within thirty
(30) calendar days from such occurrence.
8. I affirm, under penalty of perjury, the truth and completeness of the statements made above, and
that I am the above named Representative/Employee of the Contractor.
Signature over printed name: ___________________________ Date: _______________
1
Describe in what manner you or your company may derive a profit or financial benefit from, or
otherwise has any interest in the contract(s) and/or purchase(s). If there is no actual and/or potential
conflict of interest, indicate "None."
GOOD SOCIAL MANAGEMENT CERTIFICATE

6 ADB Avenue
Mandaluyong City

Dear Sir:
With reference to Contract No. ADB/OAS-2016/XXX entered into between

_____________ (the “Contractor”) and the Asian Development Bank (hereinafter called the
“ADB”) for the provision of DESIGN, SUPPLY, INSTALLATION, TESTING, COMMISSIONING,
AND TOTAL SERVICE MAINTENANCE OF TWO (2) UNITS 200-kVA UNINTERRUPTIBLE
POWER SUPPLY (UPS) SYSTEM, we hereby certify that: (a) the employment contracts between
the Contractor and its employees assigned to the ADB to provide the Services (hereinafter called
the “Employment Contracts”) have been drafted and executed in all aspects in accordance with
labor legislation of the Philippines; (b) the Contractor has been exercising due diligence and good
social management in its relation with its employees; and (c) the Contractor complies with all
relevant laws, regulations, degrees and/or orders of competent government agencies or
authorities, including laws, regulations, decrees and/or orders concerning the employees of the
Contractor engaged in performing the Services.
In addition to the above certification, we also make irrevocably the following warranties:
1. We will continue to exercise due diligence on labor issues to ensure that the
provision and quality of the Services will not be adversely affected by any labor
disturbance.
2. Upon your request, we will submit to you all pertinent evidence on our compliance
with the foregoing, including but not limited to evidence of payment by the
Contractor of all compulsory and/or statutory benefits and social contributions in
favor of the Contractor’s employees assigned to ADB.
3. This Certificate shall be submitted on bi-annual basis for the duration of the
above Contract.
No change in our organization or constitutional documents shall affect or impair

our representations and obligations herein.
Dated this ______ day of ______________________ , _____.
For and on behalf of
_________________________________
Name of Company
_________________________________
Contract Signatory (Name and Signature)
Position/Title
Effective: 15 July 2011
SAFETY AND SECURITY PROCEDURES FOR CONTRACTOR’S PERSONNEL

IN THE PREMISES OF THE HEADQUARTERS OF THE ASIAN DEVELOPMENT BANK
I. GENERAL
1. The following guidelines summarize important Safety and Security requirements for the
protection of life, limb, and property at the ADB Headquarters premises (ADB premises). It is the
contractor’s responsibility to ensure that all its personnel are familiar with these guidelines. ADB
staff who monitor the contractor’s work shall ensure that the safety and security rules and
regulations pertinent to their areas of operations are followed and implemented by the
contractor and its personnel.
2. The Security, Business Continuity and Government Relations Team (OAOD-SBG) of the
Office of Administrative Services (OAS) is responsible for the enforcement of ADB’s Safety and
Security Systems and Procedures through the security contractor. All contractors’ personnel
must undergo a safety and security briefing prior to their deployment. Periodic briefings shall be
conducted as the situation warrants.
II. ACCESS CONTROL
A. Access to ADB Premises
3. The control of access to the Headquarters premises is a major part of ADB’s security
program. Security personnel shall ensure that only those individuals who possess valid and
appropriate ADB-issued ID cards are allowed access into ADB premises.
B. Personnel Identification
4. Contractors’ personnel commencing work at the ADB premises shall be issued a

contractor’s ID card upon submission of the following:
(i) Information Sheet;

(ii) Details and sketch of the ID applicant’s residence location;
(iii) Undertaking Form by the employer;
(iv) Current (within 6 months) National Bureau of Investigations (NBI) clearance; and
(v) Photocopy of company ID.
The forms for the above requirements are available at OAOD-SBG's Pass and Key
Control Office.
C. ID/Pass Control
5. The ID card must be worn on the shirt or dress lapel to ensure that it is clearly visible at
all times. All contractors’ personnel with ADB-issued IDs can enter/exit ADB through all gates
including the MRT gate. The MRT Gate is open from 6:00 a.m. to 9:00 p.m., Mondays to Fridays
except during ADB holidays.
Page 1 of 5
Contractors under the influence of illegal drugs or liquor will not be allowed entry at ADB
premises.
D. After Office Hours Access
6. ADB’s office hours are 7:00 a.m. to 6:00 p.m., Mondays to Fridays.. Contractor’s
personnel who shall work after office hours should wear their ADB-issued IDs. They may also
be required to present their Contractor Monitoring Checklist General Permit to Work (“Permit to
Work”), which they should always carry with them and readily submit to security personnel on
duty when requested.
E. Prohibited Items
7. Firearms, bladed weapons, deadly weapons, replica weapons, explosives, items of an

offensive nature, flammables, prohibited drugs and hazardous materials of any type are not
allowed within ADB premises. Possession of any of these prohibited items may be considered a
criminal offense and shall be dealt with in accordance with Section VI hereof.
F. Vehicle Access
8. Thorough inspection of the contractor’s delivery vehicle, e.g., underchassis, engine

hood, storage compartment and passenger cabin shall be undertaken before access is allowed.
Yellow-plated vehicles (public utility) are not allowed to enter ADB premises.
III. MATERIALS CONTROL
G. Gate Pass
9. All contractors’ equipment (personal or company-owned) upon entry to ADB must be

covered by an ADB-issued “IN Gate Pass” which shall be issued by the guard on duty at the
entry point. In case there is a need to bring out from ADB premises any contractor’s equipment,
the persons bringing out the equipment shall present the IN Gate Pass issued earlier for said
equipment and a certification from the ADB staff monitoring the contractor’s work allowing the
bringing out of the equipment at the exit gate. A copy of the IN Gate Pass shall be retained at
the exit gate. For ADB-owned equipment to be brought out of ADB premises for repair, a Gate
Pass for ADB property must be secured from OAFA- Asset Management and Commercial
Services Unit (OAFA-AC) on-line.
H. Movement of Furniture and Equipment
10. OAFA- AC prohibits the movement of ADB properties, particularly furniture from one
office to another without prior authorization. The movement of information technology
equipment, such as computer hardware PERIPHERALS, without clearance from OAFA-AC and
the Office of Information Systems and Technology (OIST) is also prohibited.
I. Deliveries of Contractors’ Equipment and Supplies
11. All deliveries of contractor’s equipment and supplies must be directed to main loading
dock for inspection, handling and issuance of proper receipt.
Page 2 of 5
IV. SAFETY
J. Emergency Assistance
12. ADB maintains a team of trained security service personnel to respond to emergencies
within ADB, including incipient stage firefighting, assistance during emergency evacuation, first
aid and other types of safety and security incidents. Any person in need of safety or security
assistance may dial (local) 5220 or 6333.
K. General Safety
13. It is the contractor’s responsibility to ensure that its personnel strictly observe ADB’s
safety and security rules and regulations. Further, it is the contractor’s responsibility to
safeguard its personnel from any hazards in their respective areas and that any unsafe
conditions or incidents, no matter how minor, are reported to OAOD-SBG.
14. Contractor’s personnel, including delivery crew members, are required to wear
appropriate personal protective equipment such as hard hat, gloves, safety shoes for bulk and
heavy deliveries, gas masks, rubber gloves, protective clothing, goggles for handling of
hazardous materials (including chemicals and bio-contaminated material such as sewage and
waste water), while performing their duties and/or delivering equipment, supplies and materials
within ADB premises. Likewise, wearing of sandos, shorts, slippers and sandals when delivering
goods/services to ADB shall not be allowed.
15. Contractor's personnel should be adequately trained to operate industrial tools and
machinery. Certifications may be required prior to operation of such equipment. In case a
forklift will be used during delivery, the Contractor shall provide a certification vouching that its
forklift operator is fit to handle such operation and authorizing him to undertake such task.
16. All contractors are required to participate during emergency/ general evacuation drills.
L. Hazardous Materials
16. All hazardous materials requested to be brought or used inside ADB premises must be
declared by the contractor to the ISO Secretariat for approval. A material safety data sheet
complete with emergency safety information in relation to fire, spill, fumes, allergy, accidental
ingestion, etc., must be submitted to OAOD-SBG. The security contractor shall carry out a
detailed inspection of the material and ensure that safe handling procedures are followed.
M. Fire Safety
17. A Permit to Work shall be secured from the Senior Engineering Officer on Duty (SEO) of
the Facilities Planning and Management Unit (OAFA-FM) prior to commencing any hot work
operations (e.g., welding, cutting, and grinding). The SEO shall ensure that the site of the hot
work is free from any flammables. In this case, it is the responsibility of the contractor to make
arrangements for fire protection equipment. OAOD-SBG, upon prior notification, shall deploy a
firewatch to ensure that the work is performed safely. Use of personal appliances like water
heaters etc are not allowed inside ADB
18. If a fire is discovered, contractor’s personnel are expected to:
(i) Shout “Fire” and activate the nearest fire alarm;

(ii) Call 5220 or 6333 and give the exact location and nature of the fire;
Page 3 of 5
(iii) Try to contain or extinguish the fire if it is safe to do so; if not, leave the area as
soon as possible; and
(iv) Stay calm and help others requiring assistance.
19. Prior to entry into confined spaces (voids, tanks, tunnels, vaults) a Permit to Work shall
be obtained from the ADB staff overseeing the contractor’s work. A technician must examine
and declare the space safe and free from toxic, flammable and explosive gases. Further, if the
oxygen content is found to be below 19.5% it should be declared immediately dangerous to life
and health. OAOD-SBG, upon proper notification, shall provide personnel equipped with self-
contained breathing apparatus for standby rescue.
N. Evacuation in the Event of Fire or Other Major Emergencies
20. In the event of emergencies requiring evacuation, alarms shall be sounded and
instructions shall be relayed over the ADB’s voice communications system. Elevators must not
be used for evacuation during emergencies. Elevators shall automatically proceed to the ground
floor level when the alarm is activated. Lights should be left on and doors should be closed but
not locked. The passageways should be clear of obstructions. All contractors’ personnel should
proceed to the nearest exit and follow instructions from the security personnel.
O. Earthquake
21. In the event of an earthquake, contractor’s personnel should take shelter initially, away
from outside walls and glass partitions or windows. After the initial shock, they should evacuate
the building in an orderly manner, staying away from large items of furniture such as bookcases,
cabinets, or electrical installations that may have been made unsafe by the tremor. The building
shall be surveyed by OAFA-FM before normal work can be resumed. The contractor’s
personnel shall be notified when the building has been declared safe; otherwise re-entry to the
building is prohibited.
P. Health and Fitness
22. The contractor is responsible for monitoring the physical and mental health condition of
its personnel. Personnel suffering from communicable diseases should be immediately treated
in accordance with the universally accepted medical practices. All contractor’s personnel should
be certified physically and mentally fit by a reputable medical facility and the contractor must be
able to present such certifications at any time requested by ADB.
V. Smoking
23. Contractor’s personnel shall comply with ADB’s Guidelines on the Use of Centralized
Smoking Lounges (see attached), which prohibits smoking anywhere outside the designated
smoking lounges on the ADB Headquarters premises, to protect non-smokers from exposure to
second-hand tobacco smoke. Repeat violations and abusive behavior in response to a request
for compliance by contractor’s personnel shall be escalated to the Procurement and Contracts
Administration Unit (OAIS-PC).
24. Contractor’s personnel shall also comply with other guidelines, rules and regulations on
smoking that may be issued by ADB to protect the health and well-being of all persons within
ADB premises.
Page 4 of 5
VI. COMMISSION OF CRIMINAL OFFENSE
25. OAOD-SBG shall have the authority to summon for an investigation any contractor’s
personnel who has or is alleged to have committed a criminal offense or who possesses
information in connection with the commission of any criminal offense within ADB premises.
Pending the completion of the investigation, the contractor’s personnel who has or is alleged to
have committed criminal offense may be placed on preventive suspension.
26. OAOD-SBG shall conduct unannounced and random inspections and searches of
lockers, work areas and offices and conduct body frisking in aid of any investigation. A
representative of the contractor, preferably the duty supervisor, shall be present when such
actions will be undertaken.
Page 5 of 5
Appendix 13
BIDDER’S INFORMATION SHEET

General Information
All individual firms and each partner of a joint venture must complete the information in
this form. Nationality information should be provided for all owners or applicants that are
partnerships or individually owned firms.
1. Bidder’s legal name:
2. In case of JV, legal name of each partner:
3. Bidder’s actual or intended country of constitution:
2. Bidder’s legal address

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.
3 Telephone Contact
4. Facsimile Email
5. Bidder’s satellite office contact details (if any)

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
6. Place of incorporation/registration Year of Incorporation/registration
7. Main lines of business
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.
1. Since:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.
2. Since:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.
3. Since:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.
4. Since:
Appendix 13
Please attach the following supporting documents:
1. Articles of Incorporation issued by the Securities and Exchange Commission or

Certificate of Registration issued by the Department of Trade and Industry;
2. Certified copy of latest Annual Income Tax Return;
3. Copy of latest Mayor’s Permit;
4. Organizational Chart; and
5. Company Profile.
Historical Financial Performance from 2012 to 2014

Year 2012 2013 2014
Information from BS
Total Assets
Total Liabilities
Net Worth / Total Equity
Information from IS
Total Revenue
Please attach copies of audited financial statements stamped “Received” by the Bureau of Internal
Revenue (Balance Sheets and Income Statements) from 2012 to 2014, complying with the
following conditions:
1. All such documents reflect the financial situation of the Bidder or partner to a JV, and not
sister or parent companies;
2. Historic financial statements must be audited by a certified accountant;
3. Historic financial statements must be complete, including all notes to financial statements;
and
4. Historic financial statements must correspond to accounting periods already completed
and audited (no statements for partial records shall be request or accepted).
Appendix 14
JOINT VENTURE DATA
FINANCIAL DATA
A copy of the joint venture agreement must be attached. In case the joint venture agreement is not acceptable to
ADB, the joint venture may be requested to modify the agreement accordingly. Failure to submit a modified joint
venture agreement within twenty one (21) days upon receipt by the Applicant of the request for modification will
disqualify the Applicant for further consideration.
Names of all Partners of a Joint Venture
1. Lead Partner
2. Partner
3. Partner
4. Partner
5. Partner
6. Partner
Total value of annual sales turnover, in terms of items/work billed to clients, in US$ equivalent, converted at the rate
of exchange at the end of the period reported.
Annual Turnover Data for the Last Three Years (US$ Equivalent)
Partner 2012 2013 2014
1. Lead Partner
2. Partner
3. Partner
4. Partner
5. Partner
6. Partner
Totals
Appendix 15
LIST OF ADB MEMBER COUNTRIES

As of 16 July 2012
1. Afghanistan 35. Nauru

2. Armenia 36. Nepal
3. Australia 37. The Netherlands
4. Austria 38. New Zealand
5. Azerbaijan 39. Norway
6. Bangladesh 40. Pakistan
7. Belgium 41. Palau
8. Bhutan 42. Papua New Guinea
9. Brunei Darussalam 43. People’s Republic of China
10. Cambodia 44. Philippines
11. Canada 45. Republic of Korea
12. Cook Islands 46. Republic of Maldives
13. Denmark 47. Portugal
14. Fiji 48. Samoa
15. Finland 49. Singapore
16. France 50. Solomon Islands
17. Georgia 51. Spain
18. Germany 52. Sri Lanka
19. Hong Kong, China 53. Sweden
20. India 54. Switzerland
21. Indonesia 55. Taipei, China
22. Ireland 56. Tajikistan
23. Italy 57. Thailand
24. Japan 58. Timor-Leste
25. Kazakhstan 59. Tonga
26. Kiribati 60. Turkey
27. Kyrgyz Republic 61. Turkmenistan
28. Lao People’s Democratic Republic 62. Tuvalu
29. Luxembourg 63. United Kingdom
30. Malaysia 64. United States
31. Marshall Islands 65. Uzbekistan
32. Micronesia, Federated States of 66. Vanuatu
33. Mongolia 67. Viet Nam
34. Myanmar

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DESIGN, SUPPLY, INSTALLATION, TESTING,

COMMISSIONING, AND TOTAL SERVICE

ASIAN DEVELOPMENT BANK

DESIGN, SUPPLY, INSTALLATION, TESTING, COMMISSIONING, AND

1.1. The Asian Development Bank (hereinafter referred to as “ADB”) wishes to

2. Qualifications of the Bidder

2.1. To be qualified for the Bidding, the Bidder must:

(i) Have the nationality of eligible country in accordance with

(ii) Have experience in the supply of UPS and major equipment

(v) Have not been under a declaration or record of ineligibility for

2.3. ADB’s Anticorruption Policy requires borrowers (including beneficiaries of

(a) “corrupt practice” is the offering, giving, receiving, or

(iii) will sanction a party or its successor, including declaring ineligible,

2.4. ADB considers a conflict of interest to be a situation in which a party has

(i) have controlling shareholders in common; or

(iii) have the same legal representative for purposes of a Bid; or

(iv) have a relationship with each other, directly or through common

(vi) have participated as a consultant in preparing the design or

2.5. Penalties on Collusion by Bidders

(a) The Contract will be terminated by ADB immediately;

(b) The Performance Bond will be withheld by ADB and will be

(c) In addition, the Successful Bidder will be disqualified to Bid

3. Bid Procedure – Please refer to the BDS

5. Contents of Bid Documents

5.1. Please refer to the BDS.

6. Clarification on Bid Documents

7.1. The Bidder’s designated representative is invited to attend a Pre-Bid

(i) answer any queries from the Bidders;

(iii) provide a tour of ADB premises and facilities covered by the

8. Amendment to Bid Documents

8.3. To afford prospective Bidders reasonable time to take an addendum into

9. Composition of Bid (Bid Proposal)

9.1. TECHNICAL BID – it will consist of and be structured as specified in the

9.2. FINANCIAL BID – It will consist of and be structure as specified in the

10. Bid Language

11. Bid Currency

12. Bid Price

14. Bid Security

15. Bid Signing

16. Sealing and Marking of Bids – Please refer to the BDS

17. Deadline for Submission of Bids

18. Late Bids

E. Bid Opening and Evaluation

20. Bid Opening – Please refer to the BDS

21. Bid Evaluation

21.1. To assist in the examination, evaluation and comparison of Bids, ADB

21.6. A Bid that is not substantially responsive to the Bidding documents or

21.7. Technical Bids will be evaluated based on the Evaluation framework

22. Non-conformities, Errors and Omissions

24. ADB's Right to Accept or Reject Any Bid

25. Notification of Award

26. Transition Period

A one-month transition period will start at the commencement of Services. Key

27. Execution of the Contract

(ii) require them to respond to questions or to produce any document

(iii) require their employees or agents to respond to questions or

(iv) require them, as well as their employees or agents, to report to the

28. Performance Bond