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Bidding Docs
Bidding Docs
Bidding Docs
BIDDING DOCUMENTS
PROCUREMENT
OF
(LOT 1)
AND
(LOT 2)
GB4-CB-____-23
__________________________________________________________________________
GHQ Bids and Awards Committee 3 1
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
__________________________________________________________________________
GHQ Bids and Awards Committee 3 2
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Glossary of Acronyms, Terms, and
Abbreviations
ABC – Approved Budget for the Contract.
Bidding Documents – The documents issued by the Procuring Entity as the bases
for bids, furnishing all information necessary for a prospective bidder to prepare a bid
for the Goods, Infrastructure Projects, and/or Consulting Services required by the
Procuring Entity. (2016 revised IRR, Section 5[e])
Consulting Services – Refer to services for Infrastructure Projects and other types
of projects or activities of the GOP requiring adequate external technical and
professional expertise that are beyond the capability and/or capacity of the GOP to
undertake such as, but not limited to: (i) advisory and review services; (ii) pre-
investment or feasibility studies; (iii) design; (iv) construction supervision; (v)
management and related services; and (vi) other technical services or special studies.
(2016 revised IRR, Section 5[i])
Contract – Refers to the agreement entered into between the Procuring Entity and
the Supplier or Manufacturer or Distributor or Service Provider for procurement of
Goods and Services; Contractor for Procurement of Infrastructure Projects; or
Consultant or Consulting Firm for Procurement of Consulting Services; as the case may
be, as recorded in the Contract Form signed by the parties, including all attachments
and appendices thereto and all documents incorporated by reference therein.
EXW – Ex works.
Goods – Refer to all items, supplies, materials and general support services, except
Consulting Services and Infrastructure Projects, which may be needed in the
transaction of public businesses or in the pursuit of any government undertaking,
project or activity, whether in the nature of equipment, furniture, stationery, materials
for construction, or personal property of any kind, including non-personal or
contractual services such as the repair and maintenance of equipment and furniture,
as well as trucking, hauling, janitorial, security, and related or analogous services, as
well as procurement of materials and supplies provided by the Procuring Entity for
such services. The term “related” or “analogous services” shall include, but is not
limited to, lease or purchase of office space, media advertisements, health
maintenance services, and other services essential to the operation of the Procuring
Entity. (2016 revised IRR, Section 5[r])
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GHQ Bids and Awards Committee 3 4
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Infrastructure Projects – Include the construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of roads and bridges, railways, airports,
seaports, communication facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and
solid waste management systems, shore protection, energy/power and electrification
facilities, national buildings, school buildings, hospital buildings, and other related
construction projects of the government. Also referred to as civil works or works. (2016
revised IRR, Section 5[u])
UN – United Nations.
__________________________________________________________________________
GHQ Bids and Awards Committee 3 5
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section I. Invitation to Bid
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GHQ Bids and Awards Committee 3 6
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
INVITATION TO BID
1. The GHQ Bids and Awards Committee (BAC) 3 through the General Appropriations
Act for FY 2023 intends to apply the sums indicated below, being the Approved Budget
for the Contract (ABC), to payments under the contract for each respective lot, as
follows–
(257 units):
120 calendar
days from
receipt of
Combat Reflex Sight Notice to
514
2 (Crosshair and Red 94,062,000.00 Proceed (NTP)
units
Dot)
2nd Tranche
(257 units):
60 calendar
days from 1st
delivery
Bids received in excess of the ABC of the Lot participated into shall be automatically
rejected at bid opening.
Note: In accordance with GPPB Circular Nr 01-2021 series of 2021 in conjunction with
paragraph 2, Section 19 of Revised IRR of RA Nr 9184 (procurements involving
national security), Technical Specifications of the goods, Test and Acceptance
Procedures, and quantity of the goods shall be disclosed only upon signing of the
bidder of a Confidentiality and Non-Disclosure Agreement (attached as Annex “A” in
the Bidding Documents).
2. The GHQ BAC 3 now invites bids for the above Procurement Project. Delivery of the
Goods is required based on the delivery schedule provided under Section VI
(Schedule of Requirements) of this Bidding Documents commencing from the date
of receipt of the Notice to Proceed. Bidders should have completed, within two (2)
years from the date of submission and receipt of bids, a contract similar to the Project.
__________________________________________________________________________
GHQ Bids and Awards Committee 3 7
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
The description of an eligible bidder is contained in the Bidding Documents,
particularly, in Section II (Instructions to Bidders).
Foreign bidders may be eligible to participate under any of the following circumstances
in accordance with the guidelines issued by the GPPB: (a) When provided for under
any Treaty or International or Executive Agreement as provided in Section 4 of RA
9184 and its IRR; and (b) When the foreign supplier is a citizen, corporation or
association of a country, the laws or regulations of which grant reciprocal rights or
privileges to citizens, corporations or associations of the Philippines.
4. Interested bidders may obtain further information from the GHQ BAC 3 and inspect
the Bidding Documents at the address given below from Monday to Friday during
office hours 8:00 AM to 5:00 PM. except non-working days (i.e. Saturday and Sunday),
legal holiday, or special non-working holiday, or other nonworking days duly declared
by the President, Governor, Mayor or other Government Official authorized to make
such declaration.
6. The GHQ BAC 3 will hold a Pre-Bid Conference on _________ which shall be open
to prospective bidders.
8. Bids must be duly received by the BAC Secretariat through manual submission
at ______________________ on or before ________________. Late bids shall not be
accepted.
9. All Bids must be accompanied by a bid security in any of the acceptable forms and
in the amount stated in ITB Clause 14.
10. Bid opening shall be on ____________ onwards at the given address below at the
GHQ BAC 3 at ________________________Bids will be opened in the presence of the
bidders’ representatives who choose to attend the activity.
__________________________________________________________________________
GHQ Bids and Awards Committee 3 8
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
11. Bidders shall bear all costs associated with the preparation and submission of their
bids, and the GHQ BAC 3 will in no case, be responsible or liable for those costs,
regardless of the conduct or outcome of the bidding process. Bidders should note that
the GHQ BAC 3 will accept bids only from those that have paid the applicable fee for
the Bidding Documents. The GHQ BAC 3 assumes no responsibility whatsoever to
compensate or indemnify bidders for any expenses incurred in the preparation of their
bids.
12. The GHQ BAC 3 reserves the right to reject any and all bids, declare a failure of
bidding, or not award the contract at any time prior to contract award in accordance
with Sections 35.6 and 41 of the 2016 revised IRR of RA No. 9184, without thereby
incurring any liability to the affected bidder or bidders.
__________________
Chairperson, GHQ BAC 3
__________________________________________________________________________
GHQ Bids and Awards Committee 3 9
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section II. Instructions to Bidders
__________________________________________________________________________
GHQ Bids and Awards Committee 3 10
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
1. Scope of Bid
The Procuring Entity, Armed Forces of the Philippines, wishes to receive Bids
for the Procurement of Sixty-Five (65) units of Combat Reflex Sight (FCS, Short-
Range) and Forty (40) units of Combat Reflex Sight (FCS, Long-Range) (LOT 1);
and Five Hundred Fourteen (514) units of Combat Reflex Sight of (Crosshair and
Red Dot) (LOT 2), with identification number ________.
2. Funding Information
The GOP through the GAA FY 2023 under Program 4 in the amount of One
Hundred Ninety-Nine Million Eight Hundred Seventy-Nine Thousand Six
Hundred Fifty Pesos Only (PhP199,879,650.00) for the two (2) Lots.
3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No.
9184 and its 2016 revised IRR, including its Generic Procurement Manuals and
associated policies, rules, and regulations as the primary source thereof, while
the herein clauses shall serve as the secondary source thereof.
Any amendments made to the IRR and other GPPB issuances shall be applicable
only to the ongoing posting, advertisement, or IB by the BAC through the
issuance of a supplemental or bid bulletin.
The Bidder, by the act of submitting its Bid, shall be deemed to have verified
and accepted the general requirements of this Project, including other factors
that may affect the cost, duration and execution or implementation of the
contract, project, or work and examine all instructions, forms, terms, and
project requirements in the Bidding Documents.
The Procuring Entity, as well as the Bidders and Suppliers, shall observe the
highest standard of ethics during the procurement and execution of the
contract. They or through an agent shall not engage in corrupt, fraudulent,
collusive, coercive, and obstructive practices defined under Annex “I” of the
2016 revised IRR of RA No. 9184 or other integrity violations in competing for
the Project.
5. Eligible Bidders
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GHQ Bids and Awards Committee 3 11
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
5.1. Only Bids of Bidders found to be legally, technically, and financially
capable will be evaluated.
5.2. Foreign ownership limited to those allowed under the rules may
participate in this Project:
5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1
of the 2016 IRR of RA No. 9184.
6. Origin of Goods
7. Sub-Contracts
8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the
specified date and time at its physical address as indicated in paragraph 6 of
the IB.
10.1. The first envelope shall contain the eligibility and technical documents of
the Bid as specified in Section VIII (Checklist of Technical and
Financial Documents).
10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been
completed within two (2) years prior to the deadline for the submission
and receipt of bids.
10.3. If the eligibility requirements or statements, the bids, and all other
documents for submission to the BAC are in foreign language other than
English, it must be accompanied by a translation in English, which shall
be authenticated by the appropriate Philippine foreign service
establishment, post, or the equivalent office having jurisdiction over the
foreign bidder’s affairs in the Philippines. Similar to the required
authentication above, for Contracting Parties to the Apostille Convention,
only the translated documents shall be authenticated through an
apostille pursuant to GPPB Resolution No. 13-2019 dated 23 May 2019.
The English translation shall govern, for purposes of interpretation of the
bid.
11.1. The second bid envelope shall contain the financial documents for the
Bid as specified in Section VIII (Checklist of Technical and
Financial Documents).
11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not
be accepted.
Prices indicated on the Price Schedule shall be entered separately in the following
manner:
13.1. For Goods that the Bidder will supply from outside the Philippines, the
bid prices may be quoted in the local currency or tradeable currency
accepted by the BSP at the discretion of the Bidder. However, for
purposes of bid evaluation, Bids denominated in foreign currencies, shall
be converted to Philippine currency based on the exchange rate as
published in the BSP reference rate bulletin on the day of the bid
opening.
14.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid
Security in the amount indicated in the BDS, which shall be not less than
the percentage of the ABC in accordance with the schedule in the BDS.
14.2. The Bid and bid security shall be valid for 120 days from the date of the
opening of the bids. Any Bid not accompanied by an acceptable bid
security shall be rejected by the Procuring Entity as non-responsive.
__________________________________________________________________________
GHQ Bids and Awards Committee 3 14
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
15. Sealing and Marking of Bids
Each Bidder shall submit one copy of the first and second components of its
Bid. The Procuring Entity may request additional hard copies and/or electronic
copies of the Bid. However, failure of the Bidders to comply with the said
request shall not be a ground for disqualification.
The Bidders shall submit on the specified date and time and date at its physical
address as indicated in paragraph 7 of the IB.
17.1. The BAC shall open the Bids in public at the time, on the date, and at
the place specified in paragraph 9 of the IB. The Bidders’ representatives
who are present shall sign a register evidencing their attendance.
The Procuring Entity will grant a margin of preference for the purpose of
comparison of Bids in accordance with Section 43.1.2 of the 2016 revised IRR
of RA No. 9184.
19.1. The Procuring BAC shall immediately conduct a detailed evaluation of all
Bids rated “passed,” using non-discretionary pass/fail criteria. The BAC
shall consider the conditions in the evaluation of Bids under Section 32.2
of the 2016 revised IRR of RA No. 9184.
19.2. Bidders may submit a proposal on any of the lots, and evaluation will be
undertaken on a per lot basis, as the case maybe. In this case, the Bid
Security as required by ITB Clause 15 shall be submitted for each lot
separately.
19.3. The descriptions of the lot shall be indicated in Section VII (Technical
Specifications), although the ABC of these lots are indicated in the
BDS for purposes of the NFCC computation pursuant to Section 23.4.2.6
__________________________________________________________________________
GHQ Bids and Awards Committee 3 15
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
of the 2016 revised IRR of RA No. 9184. The NFCC must be sufficient
for the ABC for the lot/s participated in by the prospective Bidder.
19.4. Except for bidders submitting a committed Line of Credit from a Universal
or Commercial Bank in lieu of its NFCC computation, all Bids must include
the NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised
IRR of RA No. 9184, which must be sufficient for the total of the ABCs
for all the lots or items participated in by the prospective Bidder. For
bidders submitting the committed Line of Credit, it must be at least equal
to ten percent (10%) of the ABCs for all the lots or items participated in
by the prospective Bidder.
20. Post-Qualification
Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated Bid,
the Bidder shall submit its latest income and business tax returns filed and paid
through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS.
The documents required in Section 37.2 of the 2016 revised IRR of RA No. 9184
shall form part of the Contract. Additional Contract documents are indicated in
the BDS.
__________________________________________________________________________
GHQ Bids and Awards Committee 3 16
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
SECTION III. BID DATA SHEET
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GHQ Bids and Awards Committee 3 17
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
BID DATA SHEET
ITB Details
Clause
Foreign bidders must be represented by a duly registered Philippine-based
company. The foreign bidder’s Philippine-based representative company
must have a valid and current Indent License to deal the goods to be bid
5.2 for sale to the AFP issued by the National Headquarters of Philippine
Foreign
Bidders National Police (PNP), Camp Crame, Quezon City.
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GHQ Bids and Awards Committee 4 18
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
b. The amount of not less than the equivalent of five percent (5%)
of ABC of each Lot, if bid security is in Surety Bond.
The bid security shall be valid within 120 calendar days from the date
of bid opening.
15 For each Lot to be participated into by the Bidder, the Bidder shall submit
Sealing two (2) sealed envelopes.
&
Markin In the first (1st) sealed envelope, marked as Eligibility & Technical
g of Components are one (1) original and three (3) duplicate copies of its
Bids Eligibility & Technical documents.
Notes:
1. Submission of bids online or thru any other electronic means shall
not be allowed.
2. Bid envelopes that are not properly sealed and marked, and
documents not properly tabbed, shall be accepted, provided that the
bidder or its duly authorized representative shall acknowledge such
condition of the bid as submitted. The BAC shall assume no responsibility
for the misplacement of the contents of the improperly sealed or marked
bid, or for its premature opening.
__________________________________________________________________________
GHQ Bids and Awards Committee 4 19
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
3. Bids that fail to include any requirement or are incomplete or
patently insufficient shall be considered as “failed.”
The Bid Offer shall not exceed the ABC for each Lot. Bids in excess of
each Lot’s ABC shall be disqualified.
All Bids must include the NFCC computation pursuant to Section 23.4.1.4
of the 2016 revised IRR of RA No. 9184, which must be sufficient for the
total of the ABCs for all the lots participated in by the prospective Bidder.
For bidders submitting the committed Line of Credit in lieu of its NFCC
computation, it must be at least equal to at least ten percent (10%) of
the ABCs for all the lots or items participated in by the prospective Bidder.
Post-Qualification:
__________________________________________________________________________
GHQ Bids and Awards Committee 4 20
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
b. Combat Reflex Sight (Fire Control System, Long-Range)
c. Combat Reflex Sight (Crosshair and Red Dot)
The Bidder shall provide, at its own cost and expense, testing and
calibration facilities, equipment, personnel, ammunitions, and other
supplies to be used during the conduct of PQ.
(a) Latest Income Tax and Business Tax Returns per Revenue
Regulations 3-2005 filed through the Electronic Filing and Payments
System (EFPS). The latest business tax returns refer to the Value Added
Tax (VAT) or Percentage Tax covering the preceding six months prior to
bid submission.
(c) For local bidders: Registration Certificate from the Securities and
Exchange Commission (SEC) for corporations, or from Department of
Trade and Industry (DTI) for sole proprietorship, or from Cooperative
Development Authority (CDA) for cooperatives.
(f) Valid and current Tax Clearance per Executive Order 398, Series
of 2005, as finally reviewed and approved by the BIR;
__________________________________________________________________________
GHQ Bids and Awards Committee 4 21
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
b) Certificates of Completion and/or Technical Inspection and
Acceptance Committee (TIAC) Report.
(In case of Joint Ventures: All partners must present (a), (c), (d),
(e), and (f) above. The partner that submitted the NFCC shall submit (b)
and (g) above. The partner that submitted the SLCC shall submit (h)
above. The foreign partner may submit an equivalent document except
__________________________________________________________________________
GHQ Bids and Awards Committee 4 22
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
for PhilGeps Certificate of Registration and BIR-issued Tax
Clearance wherein no equivalent document will be accepted. For the
other requirements above, any of the partners may present the same.)
(a) Colored Brochure or Technical Data Sheet for all the goods in the
lot for which the bid was submitted;
i. For the next twenty (20) years for items under Lot 1
ii. For the next five (5) years for items under Lot 2
__________________________________________________________________________
GHQ Bids and Awards Committee 4 23
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
(In case of Joint Ventures: Any of the partners may submit the
requirements under Section IV above.)
__________________________________________________________________________
GHQ Bids and Awards Committee 4 24
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Procuring Entity including address, telephone number, fax
number and email address
Further
I. The participating entities entering a Joint Venture (JV) or a
Instruc-
tions for potential JV are to be treated as a single entity and shall be jointly
JV and severally responsible or liable for the obligations and liabilities
incurred by any partner to the JV pertinent to the project
requirements. Hence, any Blacklisting Order and/or overdue
deliveries intended for end-user shall apply to the JV or the
potential JV as the latter are deemed as one bidder.
II.
a) A Joint Venture shall submit, together with its bid, a copy of the
Joint Venture Agreement (JVA).
__________________________________________________________________________
GHQ Bids and Awards Committee 4 25
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
If the JV is not yet in existence, potential JV partners or parties
that intend to enter into a JV, shall submit, together with their
bid, a copy of the duly notarized
statements/undertaking/agreement from all the potential
joint venture partners stating that they will enter into and abide
by the provisions of the JVA in the instance that the bid is
successful. In case the Joint Venture is not yet in existence,
the submission of a valid JVA shall be within ten (10) calendar
days from the receipt by the bidder of the Notice of Award [Sec
37.1.4 (a)(i) of the 2016 Revised IRR of RA 9184]. Failure to
enter into a joint venture in the event of a contract award shall
be ground for the forfeiture of the bid security.
III. Each partner of the JV/potential JV shall submit, together with the
bid, their respective valid and current PhilGEPS Certificates of
Registration in accordance with Section 8.5.2 of the IRR, and in
the new format prescribed under GPPB Resolution Nr 15-2021
dated 14 October 2021.
Each partner of the JV/potential JV must ensure that all Class “A”
Eligibility Documents are reflected as valid and current in their
PhilGEPS Certificate of Registration and Membership (Platinum
Registration).
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GHQ Bids and Awards Committee 4 26
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
of all of its ongoing contracts and Audited Financial
Statements (AFS) for the calendar year or fiscal year 2022,
showing, among others, its total and current assets and liabilities.
__________________________________________________________________________
GHQ Bids and Awards Committee 4 27
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section IV. General Conditions Of Contract
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GHQ Bids and Awards Committee 4 28
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
1. Scope of Contract
This Contract shall include all such items, although not specifically mentioned,
that can be reasonably inferred as being required for its completion as if such
items were expressly mentioned herein. All the provisions of RA No. 9184 and
its 2016 revised IRR, including the Generic Procurement Manual, and associated
issuances, constitute the primary source for the terms and conditions of the
Contract, and thus, applicable in contract implementation. Herein clauses shall
serve as the secondary source for the terms and conditions of the Contract.
This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of
RA No. 9184 allowing the GPPB to amend the IRR, which shall be applied to all
procurement activities, the advertisement, posting, or invitation of which were
issued after the effectivity of the said amendment.
2.1. Advance payment of the contract amount is provided under Annex “D”
of the revised 2016 IRR of RA No. 9184.
3. Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder
from the Procuring Entity but in no case later than prior to the signing of the
Contract by both parties, the successful Bidder shall furnish the performance
security in any of the forms prescribed in Section 39 of the 2016 revised IRR of
RA No. 9184.
The Procuring Entity or its representative shall have the right to inspect and/or
to test the Goods to confirm their conformity to the Project specifications at no
extra cost to the Procuring Entity in accordance with the Generic Procurement
Manual. In addition to tests in the SCC, Section IV (Technical
Specifications) shall specify what inspections and/or tests the Procuring
Entity requires, and where they are to be conducted. The Procuring Entity shall
______________________________________________________________________________
GHQ Bids and Awards Committee 4 29
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
notify the Supplier in writing, in a timely manner, of the identity of any
representatives retained for these purposes.
All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the
Supplier to the authorized inspectors at no charge to the Procuring Entity.
5. Warranty
5.2. The Procuring Entity shall promptly notify the Supplier in writing of any
claims arising under this warranty. Upon receipt of such notice, the Supplier
shall, repair or replace the defective Goods or parts thereof without cost to the
Procuring Entity, pursuant to the Generic Procurement Manual.
The Supplier’s liability under this Contract shall be as provided by the laws of
the Republic of the Philippines.
If the Supplier is a joint venture, all partners to the joint venture shall be jointly
and severally liable to the Procuring Entity.
______________________________________________________________________________
GHQ Bids and Awards Committee 4 30
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section V. Special Conditions of
Contract
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GHQ Bids and Awards Committee 4 31
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Special Conditions of Contract
GCC Details
Clause
Delivery and Documents –
For purposes of the Contract, “EXW,” “FOB,” “FCA,” “CIF,” “CIP,” “DDP”
and other trade terms used to describe the obligations of the parties
shall have the meanings assigned to them by the current edition of
INCOTERMS published by the International Chamber of Commerce,
Paris. The Delivery terms of this Contract shall be as follows:
_________________________________________________________________________
GHQ Bids and Awards Committee 3 32
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
documents as applicable with the documentary requirements of any
letter of credit issued taking precedence:
(ii) Original and four copies of the negotiable, clean shipped on-
board bill of lading marked “freight pre-paid” and five copies of
the non-negotiable bill of lading;
(v) Original and four copies of the certificate of origin (for imported
Goods);
Incidental Services –
The Contract price for the Goods shall include the prices charged by the
Supplier for incidental services and shall not exceed the prevailing rates
charged to other parties by the Supplier for similar services.
Spare Parts –
_________________________________________________________________________
GHQ Bids and Awards Committee 3 33
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
The Supplier is required to provide all of the following materials,
notifications, and information pertaining to spare parts manufactured
or distributed by the Supplier:
Packaging –
The outer packaging must be clearly marked on at least four (4) sides
as follows:
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GHQ Bids and Awards Committee 3 34
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Contract Description
Final Destination
Gross weight
Any special lifting instructions
Any special handling instructions
Any relevant HAZCHEM classifications
Transportation –
The Procuring Entity accepts no liability for the damage of Goods during
transit other than those prescribed by INCOTERMS for DDP deliveries.
In the case of Goods supplied from within the Philippines or supplied
by domestic Suppliers risk and title will not be deemed to have passed
to the Procuring Entity until their receipt and final acceptance at the
final destination.
Insurance –
The Goods supplied under this Contract shall be fully insured by the
Manufacturer or Supplier or Distributor in a freely convertible currency
against loss or damage incidental to manufacture or acquisition,
_________________________________________________________________________
GHQ Bids and Awards Committee 3 35
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
transportation, storage, and delivery. The Goods remain at the risk and
title of the supplier until final acceptance of the goods by the Procuring
Entity.
The Supplier shall indemnify the Procuring Entity against all third-party
claims of infringement of patent, trademark, or industrial design rights
arising from use of the Goods or any part thereof.
Bid Prices –
For the given project in this Contract as awarded, all bid prices are
considered fixed prices, and therefore not subject to price escalation
during contract implementation, except under extraordinary
circumstances and upon prior approval of the GPPB in accordance with
Section 61 of R.A 9184 and its 2016 Revised IRR.
2.2 Payments shall be made only upon a certification by the HoPE to the
Terms of effect that the Goods have been rendered or delivered in accordance
Payment with the prescribed delivery schedule of this Contract and have been
duly inspected and accepted.
(c) Payee Bank: The L/C draft (if any) shall be drawn on the confirming
bank;
(d) Beneficiary: [Insert name and address of foreign bidder with Point
of Contact;
_________________________________________________________________________
GHQ Bids and Awards Committee 3 36
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
of L/C shall be released upon completion of all the required documents
enumerated in SCC Clause 2.2(g) of the bidding documents and the
5% shall be released upon expiration of the warranty period provided
in the bidding documents;
(f) Expiration Date: Two Hundred Ten (210) calendar days from issue
date of the L/C
Payment will be “One Time Payment” and shall be made to the bidder
at the time of the final acceptance of the GOODS by the PROCURING
ENTITY in accordance with Section VI. Schedule of Requirements, and
the submission or presentation of the following documents:
_________________________________________________________________________
GHQ Bids and Awards Committee 3 37
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Negotiability of L/C (in case of foreign bidder): The L/C shall be
irrevocable.
Other Instructions:
i. The cost of the opening, as well as advising, confirmation,
extension, and/or amendment, if any, of the L/C, and other
bank charges shall be for the account of the bidder;
ii. The L/C must be in English; and
iii. No boycott or restrictive language.
_________________________________________________________________________
GHQ Bids and Awards Committee 3 38
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
the item being procured, as follows: PMT/TWG, end-user,
commodity manager, Secretariat, and observers.
c) The bidder shall ensure that the Inspection Team will be allowed
to jointly participate in the conduct of the testing procedures.
The PDI shall be conducted in accordance with the prescribed Test and
Acceptance Procedures or if “Manufacturer’s Standard” is reflected as
to the requirement in the TS/TAP, the Manufacturer’s TS and TAP must
be in accordance to NATO or equivalent standard.
Cost of testing including the cost of sample shall be for the account of
the Bidder. The samples to be used during the test shall be over and
above the quantity to be delivered.
_________________________________________________________________________
GHQ Bids and Awards Committee 3 39
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
b) All incidental and related expenses relative to inspection shall be
for the account of the bidder.
All items for each Lot to be supplied must come from one (1) source
and manufacturer only.
Correction of Defects
b.1. For items delivered within the delivery period, the bidder
shall be allowed to correct defects within 30 calendar days
upon receipt of written Notice from the AFPPC or within the
remaining days of the delivery period, whichever comes later.
(Note: This provision is not applicable to items delivered beyond
the delivery period.)
b2. For items delivered after the lapse of the delivery period, the
bidder shall be allowed to correct defects, subject to the
imposition of liquidated damages.
In case items are rejected, the Procuring Entity’s TIAC shall issue
Certificate of Non-Acceptance on the cause of non-compliance
_________________________________________________________________________
GHQ Bids and Awards Committee 3 40
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
of the goods. A corresponding Notice of Non-Acceptance shall
then be issued by AFP Procurement Center (AFPPC) to the
bidder.
5 The warranty period shall be one (1) year reckoned from final
Warranty acceptance by the Procuring Entity of the delivered goods. The bidder
shall issue a Warranty Certificate for the period of two years (2) from
the date of final acceptance by the Procuring Entity.
The obligation for the warranty shall be covered by any of the following
forms and amounts:
The said amounts shall only be released after the lapse of the warranty
period; Provided, however, That the supplies delivered are free from
patent and latent defects and all the conditions imposed under the
contract have been fully met.
6 When the bidder fails to satisfactorily deliver the goods or services
Supplier’s under the contract within the specified delivery schedule or project
Liability implementation schedule, inclusive of duly granted time extensions, if
any, the bidder shall be liable for liquidated damages, and such other
sanctions as provided under RA 9184 and its 2016 Revised IRR.
_________________________________________________________________________
GHQ Bids and Awards Committee 3 41
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section VI. Schedule of Requirements
_________________________________________________________________________
GHQ Bids and Awards Committee 4 42
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Procurement of Combat Reflex Sight (Short-Range Fire Control
System), Combat Reflex Sight (Long-Range Fire Control
System), and Combat Reflex Sight (Bindon Aiming Concept,
Bullet Drop Compensator, Luminous Tritium with Fiber Optic,
Crosshair, Red Dot, and Electronic Optic Sight)
Statement of
Lot Delivery Compliance
Description Qty
Nr Schedule (Comply or
not Comply)
Combat Reflex Sight 65
(Short-Range Fire units Within 90 calendar
Control System) days upon receipt
1
Combat Reflex Sight of the Notice to
40
(Long-Range Fire Proceed (NTP)
units
Control System)
1st Tranche (257
units): 120 calendar
Combat Reflex Sight
days from receipt of
(BAC, BDC,
Notice to Proceed
Luminous Tritium
514 (NTP)
2 with Fiber Optic,
units
Crosshair, Red Dot,
2nd Tranche (257
Electronic Optic
units): 60 calendar
Sight)
days from 1st
delivery
Bidder’s Name:________________________
Signature:____________________________
Date:__________________________________
_________________________________________________________________________
GHQ Bids and Awards Committee 4 43
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
SECTION VII. TECHNICAL SPECIFICATIONS
_________________________________________________________________________
GHQ Bids and Awards Committee 4 44
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 45
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 46
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 47
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 48
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 49
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 50
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
(Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of
each specification stating the corresponding performance parameter of the goods offered. A statement
either in the Bidder's statement of compliance that is found to be false either during Bid evaluation, post-
qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or
supplier liable for prosecution subject to the applicable laws and issuances.)
I hereby certify to deliver the above items according to the technical specifications above.
Date:________________________________
_________________________________________________________________________
GHQ Bids and Awards Committee 4 51
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 52
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 53
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 54
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
_________________________________________________________________________
GHQ Bids and Awards Committee 4 55
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
(Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of
each specification stating the corresponding performance parameter of the goods offered. A statement
either in the Bidder's statement of compliance that is found to be false either during Bid evaluation, post-
qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or
supplier liable for prosecution subject to the applicable laws and issuances.)
I hereby certify to deliver the above items according to the technical specifications above.
Date:________________________________
_________________________________________________________________________
GHQ Bids and Awards Committee 4 56
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section VIII. Checklist of Technical and
Financial Documents
_________________________________________________________________________
GHQ Bids and Awards Committee 4 57
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
CHECKLIST OF TECHNICAL AND FINANCIAL DOCUMENTS
Tab Requirements
Class “A” Documents
I.Legal Documents
Certificate of PhilGEPS Registration Certificate (Platinum
Membership) (all pages), in accordance with Section 8.5.2 of the
IRR and in accordance with GPPB Resolution No. 15-2021 (new
format).
NOTES:
(1) Foreign Bidders claiming eligibility to participate by reason of their
country’s extension of reciprocal rights to Filipinos must attach, as
additional requirements, a Certification from the relevant
government office of their country stating that Filipinos are
allowed to participate in government procurement activities for
the same item or product, and certified true copy (certified by
relevant government office of the foreign country) of the
law/regulation which grant reciprocal rights or privileges to citizens,
corporations, or associations of the Philippines; OR
A
(2) Foreign Bidders claiming eligibility to participate by reason of Treaty or
International Executive Agreement must attach a copy of the same. Copy
must be certified by the Philippine DFA or the latter’s equivalent or relevant
government office of the foreign country.
The above proofs of authority must state the scope of authority of its
authorized representative, must bear a specimen signature of the
authorized representative, and must contain contact details of the
representative, such as address, email address and telephone/mobile
number.
III. Financial Documents
The Supplier’s audited financial statements (AFS), showing, among others,
the Supplier’s total and current assets and liabilities, stamped “received” by
the BIR or its duly accredited and authorized institutions, for the Calendar
Year 2022.
In case the audited financial statements are filed through the eAFS system
L of the BIR, the bidder should submit, as proof of submission thereof, a
printed copy of the Transaction Reference Number and the e-mail
confirmation sent by the BIR, in lieu of the manual “Received” stamping by
the BIR.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 60
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
The prospective bidder’s computation of Net Financial Contracting Capacity
(NFCC); or A committed Line of Credit from a Universal or Commercial Bank
in lieu of its NFCC computation.
duly notarized statements from all the potential joint venture partners
stating that they will enter into and abide by the provisions of the JVA in
the instance that the bid is successful.
N
The JVA or the Protocol/Undertaking of Agreement to Enter into Joint
Venture (Annex iii) must include/specify the company/partner and the
name of the office designated as authorized representative of the Joint
Venture.
If not applicable, the bidder shall submit a document stating that JVA is not
applicable to them (i.e “Not Applicable” or “N/A).
_________________________________________________________________________
GHQ Bids and Awards Committee 4 61
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
TECHNICAL COMPONENT ENVELOPE-LOT 2
Tab Requirements
Class “A” Documents
IV. Legal Documents
Certificate of PhilGEPS Registration Certificate (Platinum
Membership) (all pages), in accordance with Section 8.5.2 of the
IRR and in accordance with GPPB Resolution No. 15-2021 (new
format).
NOTES:
(1) Foreign Bidders claiming eligibility to participate by reason of their
country’s extension of reciprocal rights to Filipinos must attach, as
additional requirements, a Certification from the relevant
government office of their country stating that Filipinos are
allowed to participate in government procurement activities for
the same item or product, and certified true copy (certified by
relevant government office of the foreign country) of the
law/regulation which grant reciprocal rights or privileges to citizens,
corporations, or associations of the Philippines; OR
A
(2) Foreign Bidders claiming eligibility to participate by reason of Treaty or
International Executive Agreement must attach a copy of the same. Copy
must be certified by the Philippine DFA or the latter’s equivalent or relevant
government office of the foreign country.
The above proofs of authority must state the scope of authority of its
authorized representative, must bear a specimen signature of the
authorized representative, and must contain contact details of the
representative, such as address, email address and telephone/mobile
number.
VI. Financial Documents
The Supplier’s audited financial statements (AFS), showing, among others,
the Supplier’s total and current assets and liabilities, stamped “received” by
the BIR or its duly accredited and authorized institutions, for the Calendar
Year 2022.
In case the audited financial statements are filed through the eAFS system
K of the BIR, the bidder should submit, as proof of submission thereof, a
printed copy of the Transaction Reference Number and the e-mail
confirmation sent by the BIR, in lieu of the manual “Received” stamping by
the BIR.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 64
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
The JVA or the Protocol/Undertaking of Agreement to Enter into Joint
Venture (Annex iii) must include/specify the company/partner and the
name of the office designated as authorized representative of the Joint
Venture.
If not applicable, the bidder shall submit a document stating that JVA is not
applicable to them (i.e “Not Applicable” or “N/A).
_________________________________________________________________________
GHQ Bids and Awards Committee 4 65
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
II. FINANCIAL COMPONENT ENVELOPE- For both Lots
Tab Requirements
A Original of duly signed and accomplished Financial Bid Form.
Original of duly signed and accomplished Price Schedule stating the unit
prices, total prices per item, the total amount, brand name and the
country of origin of the supplies to be offered.
B
NOTE (If applicable): If the Bidder claims preference as a Domestic Bidder
or Domestic Entity, Bidder must attach, as additional requirement, the
required Certification from the DTI.
Certification from the DTI if the Bidder claims preference as a
C
Domestic Bidder or Domestic Entity. Disregard if not applicable.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 66
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Section IX. Bid Forms
_________________________________________________________________________
GHQ Bids and Awards Committee 4 67
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
BID FORM
Date : _______________
Project Identification No. : ____________
c. to abide by the Bid Validity Period specified in the PBDs and it shall remain
binding upon us at any time before the expiration of that period.
________________________________________________
________________________________________________
________________________________________________
(if none, state “None”)
Until a formal Contract is prepared and executed, this Bid, together with your
written acceptance thereof and your Notice of Award, shall be binding upon us.
We understand that you are not bound to accept the Lowest Calculated Bid or
any Bid you may receive.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 68
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
We certify/confirm that we comply with the eligibility requirements pursuant to
the PBDs.
The undersigned is authorized to submit the bid on behalf of [name of the bidder]
as evidenced by the attached [state the written authority].
We acknowledge that failure to sign each and every page of this Bid Form, including
the attached Schedule of Prices, shall be a ground for the rejection of our bid.
Name: _______________________________________________________________
Legal capacity: ________________________________________________________
Signature: ___________________________________________________________
Duly authorized to sign the Bid for and behalf of: ____________________________
Date: ___________________
_________________________________________________________________________
GHQ Bids and Awards Committee 4 69
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
For Goods Offered from Within the Philippines
1 2 3 4 5 6 7 8 9 10
Ite Descrip Count Quan Unit Transport Sales Cost of Total Total
m tion ry of tity pric ation and and Inciden Price, Price
origin e all other other tal per delivere
EXW costs taxes Service unit d Final
per incidental payabl s, if Destinat
item to e if applica (col ion
delivery, Contra ble, per 5+6+
per item ct is item 7+8) (col 9) x
award (col 4)
ed,
per
item
Name:
_________________________________________________________________
Signature: _____________________________________________________________
Duly authorized to sign the Bid for and behalf of: ____________________________
_________________________________________________________________________
GHQ Bids and Awards Committee 4 70
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
For Goods Offered from Abroad
1 2 3 4 5 6 7 8 9
Ite Descript Count Quanti Unit price Total Unit Price Unit price Total
m ion ry of ty CIF port of CIF or Delivered Delivered Price
origin entry CIP Duty Duty Paid delivere
(specify price Unpaid (DDP) d DDP
port) or CIP per (DDU) (col 4 x
named item 8)
place
(col. 4
(specify x 5)
border
point or
place of
destination)
Name: ________________________________________________________________
Signature: _______________________________________________________
Duly authorized to sign the Bid for and behalf of: ___________________________
_________________________________________________________________________
GHQ Bids and Awards Committee 4 71
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Bid Securing Declaration Form
[shall be submitted with the Bid if bidder opts to provide this form of bid
security]
____________________________________________________________
2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of two (2) years upon
receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided
under Section 6 of the Guidelines on the Use of Bid Securing Declaration, within
fifteen (15) days from receipt of the written demand by the procuring entity for the
commission of acts resulting to the enforcement of the bid securing declaration
under Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f),of the IRR of RA No.
9184; without prejudice to other legal action the government may undertake.
3. I/We understand that this Bid Securing Declaration shall cease to be valid on the
following circumstances:
a. Upon expiration of the bid validity period, or any extension thereof pursuant to
your request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice
to such effect, and (i) I/we failed to timely file a request for reconsideration or
(ii) I/we filed a waiver to avail of said right; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid, and
I/we have furnished the performance security and signed the Contract.
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].
_________________________________________________________________________
GHQ Bids and Awards Committee 4 72
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
SUBSCRIBED AND SWORN to before me this _____ day of _________ [month, year] at
___________ [place of execution], Philippines, Affiant exhibiting to me his/her
___________ [insert type of Government Identification card used], with his/her
photograph and signature appearing thereon, with no. ___________, issued on
__________ at ___________________, and affirming to me that the same is his/her
true and voluntary act and deed.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 73
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
COMPUTATION OF NET FINANCIAL CONTRACTING CAPACITY
CA – CL x K – C = NFCC
Where:
C A- Current Assets _________________
Less:
C L- Current Liabilities
_________________
Multiplied (X) by K (15) - contract duration _________________
_________________
Less:
C – Total Outstanding & Ongoing Contracts
_________________
(Including contracts awarded but not yet started)
NFCC
_________________
Certified Correct:
______________________________
(Authorized Rep’s Name & Signature)
The NFCC, computed using the following formula, must be at least equal to the
ABC to be bid:
NFCC = [(Current assets minus current liabilities) (15)] minus the value of all
outstanding or uncompleted portions of the projects under ongoing contracts,
including awarded contracts yet to be started, coinciding with the contract for
this Project.
The values of the bidder’s current assets and current liabilities shall be
based on the latest Audited Financial Statements submitted to the BIR.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 74
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
(Supplier’s Company Letterhead)
(Including Contracts Awarded But Not Yet Started, if any, whether similar or not similar
in nature and complexity to the contract to be bid.)
CERTIFIED CORRECT:
________________________________
Name & Signature of Authorized Representative
________________________
Position
_______
Date
_________________________________________________________________________
GHQ Bids and Awards Committee 4 75
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
(Supplier’s Company Letterhead)
(Similar to the contract to be bid, within the last two (2) years prior to the bid
opening. The value of prospective bidder’s largest single contract, adjusted to current
prices using the Philippine Statistics Authority (PSA) consumer indices, should be
at least 50% of the ABC.
Notes:
1. For Government Contract: a) The Notices of Award or Notices to Proceed or Contract or Purchase of
Order issued by end-user; and b) Certificates of Completion and/or Technical Inspection and Acceptance
Committee (TIAC) Report.
2. For Private Contract: a) Contract or Purchase Order issued by the end-user; and b) Certificate of
Completion and/or End-User’s Acceptance or Sale Invoices/Official Receipts provided that same expressly
state that the goods are received in good condition.
For this project, similar contracts shall refer to: Procurement of Combat Reflex Sight (Long-Range
Fire Control System) for Lot 1; and Procurement of Combat Reflex Sight (BAC, BDC,
Luminous Tritium with Fiber Optic, Crosshair, Red Dot, Electronic Optic Sight) for Lot 2.
CERTIFIED CORRECT:
________________________________
Name & Signature of Authorized Representative
________________________
Position
_______
Date
_________________________________________________________________________
GHQ Bids and Awards Committee 4 76
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
Contract Agreement Form for the Procurement of Goods (Revised)
[Not required to be submitted with the Bid, but it shall be submitted within
ten (10) days after receiving the Notice of Award]
____________________________________________________________
CONTRACT AGREEMENT
THIS AGREEMENT made the _____ day of __________ 20_____ between [name
of PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) of the one
part and [name of Supplier] of [city and country of Supplier] (hereinafter called “the
Supplier”) of the other part;
WHEREAS, the Entity invited Bids for certain goods and ancillary services,
particularly [brief description of goods and services] and has accepted a Bid by the
Supplier for the supply of those goods and services in the sum of [contract price in
words and figures in specified currency] (hereinafter called “the Contract Price”).
1. In this Agreement words and expressions shall have the same meanings as
are respectively assigned to them in the Conditions of Contract referred to.
iv. Notice of Award of Contract; and the Bidder’s conforme thereto; and
3. In consideration for the sum of [total contract price in words and figures]
or such other sums as may be ascertained, [Named of the bidder] agrees
to [state the object of the contract] in accordance with his/her/its Bid.
for: for:
Acknowledgment
[Format shall be based on the latest Rules on Notarial Practice]
_________________________________________________________________________
GHQ Bids and Awards Committee 4 78
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
______________________________________________________________________
___
AFFIDAVIT
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address
of Affiant], after having been duly sworn in accordance with law, do hereby depose and
state that:
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly
authorized representative(s) to verify all the documents submitted;
6. [Select one, delete the rest:]
[If a sole proprietorship:] The owner or sole proprietor is not related to the Head of
the Procuring Entity, members of the Bids and Awards Committee (BAC), the
Technical Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by
consanguinity or affinity up to the third civil degree;
[If a corporation or joint venture:] None of the officers, directors, and controlling
stockholders of [Name of Bidder] is related to the Head of the Procuring Entity,
members of the Bids and Awards Committee (BAC), the Technical Working Group,
and the BAC Secretariat, the head of the Project Management Office or the end-user
unit, and the project consultants by consanguinity or affinity up to the third civil
degree;
7. [Name of Bidder] complies with existing labor laws and standards; and
9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,
fee, or any form of consideration, pecuniary or otherwise, to any person or official,
personnel or representative of the government in relation to any procurement
project or activity.
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.
SUBSCRIBED AND SWORN to before me this _____ day of _________ [month, year] at
___________ [place of execution], Philippines, Affiant exhibiting to me his/her
___________ [insert type of Government Identification card used], with his/her
photograph and signature appearing thereon, with no. ___________, issued on
__________ at ___________________, and affirming to me that the same is his/her
true and voluntary act and deed.
_________________________________________________________________________
GHQ Bids and Awards Committee 4 81
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
[if used as an alternative performance security but it is not required to be submitted
with the Bid, as it shall be submitted within ten (10) days after receiving the Notice of
Award]
______________________________________________________________________
2. I/We accept that: I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of one (1) year for
the first offense, or two (2) years for the second offense, upon receipt of your
Blacklisting Order if I/We have violated my/our obligations under the Contract;
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].
SUBSCRIBED AND SWORN to before me this _____ day of _________ [month, year] at
___________ [place of execution], Philippines, Affiant exhibiting to me his or her
___________ [insert type of Government Identification card used], with his/her
photograph and signature appearing thereon, with no. ___________, issued on
__________ at ___________________, and affirming to me that the same is his/her
true and voluntary act and deed.
THIS AGREEMENT made this _____ day of __________ 20_____ between [name of
PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) and [name of
Bidder] of [city and country of Bidder] (hereinafter called “the Bidder”);
1. For purposes of this Agreement, the following terms are hereby defined:
b. “Project” means Procurement of Sixty-Five (65) units of Combat Reflex Sight (FCS,
Short-Range) and Forty (40) units of Combat Reflex Sight (FCS, Long-Range) (LOT 1);
and Five Hundred Fourteen (514) units of Combat Reflex Sight of (Crosshair and Red
Dot) (LOT 2).
2. All information provided through and/or by the Entity to the Bidder shall be marked
as “Proprietary and Strictly Confidential.” Information disclosed through the Bidding
Documents of the Project, oral presentation and/or through power point presentation
and/or other means must be identified also as strictly confidential during and after the
time/period of disclosure.
3. It is agreed that the Bidder shall keep the information confidential and shall not
publish or otherwise disclose such information except to the extent that it can be
established by it by competent proof that such information:
(a) Was already known to the Bidder, other than under an obligation of
confidentiality, at the time of disclosure and/or presentation;
(b) Was generally available to the public or otherwise part of the public domain
at the time of its disclosure to the Bidder;
(c) Became generally available to the public or otherwise part of the public
domain after its disclosure and other that through any act or omission of the Bidder;
and
4. Except as provided herein, the Bidder shall not disclose any Confidential Information
to any other person or shall use any Confidential Information other than in connection
_________________________________________________________________________
GHQ Bids and Awards Committee 4 84
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
with the Projects without its prior written approval. The Bidder agrees to observe,
exercise and execute extreme care in protecting the confidentiality of any Confidential
and Proprietary Information.
5. The Bidder may disclose Confidential Information (i) to other parties who have
executed non-disclosure agreements (ii) or by requirement of law, and (iii) to its other
staffs provided that such employee and/or staff has signed a nondisclosure agreement.
7. All electronic documentation of the confidential information will be deleted from the
file repository of the Bidder once the bidding process and/or commissioned work is
completed, or if the Procuring Entity wanted to do so. Any one or all persons listed
herein recognize and agree that nothing contained in this Agreement shall be
constructed as granting any rights in his/her/their favor, by license or otherwise, to any
Confidential Information except as specified in this Agreement.
8. Any one or all persons listed herein similarly acknowledge that all Confidential
Information is owned solely by the Entity and that unauthorized disclosure or use of
such Confidential Information would cause irreparable harm and significant injury, the
degree of which may be difficult to ascertain. Accordingly, any one or all persons listed
herein agree that the Entity shall have the right to obtain an immediate injunction
enjoining any breach of this Agreement, as well as the right to pursue any and all other
rights and remedies available at law or in equity for such breach.
9. This Agreement shall be constructed, interpreted and applied in accordance with the
laws of the Republic of the Philippines. Any violation of the provisions of this Agreement
shall give cause for Entity to proceed against the Bidder for appropriate action such as
civil, criminal or administrative remedies.
11. In the event of dispute arising and/or resulting from this Agreement, it is
expressly agreed that the venue thereof shall be in the proper courts of the City of
Quezon. It is also agreed the mediation, arbitration, and other alternative modes of
disputes resolution in accordance with the Procedure of Arbitration Law of the
Philippines, the Arbitration Rules of the United Nations Commission on International
Trade Law (UNCITRAL) or other similar arbitration rules and regulations.
12. Violation of any of the provisions of this Agreement shall warrant criminal
prosecution under Commonwealth Act No. 616 otherwise known as Espionage Act and
pertinent provisions of the Revised Penal Code on revelation of secrets
_________________________________________________________________________
GHQ Bids and Awards Committee 4 85
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095
13. This Agreement shall be continuously in effect for until the Department of National
Defense and/or the Armed Forces of the Philippines declares all the information in this
project as UNCLASSIFIED/DECLASSIFIED.
________________________________ ___________________________________
Printed Name and Signature Printed Name and Signature
WITNESSES:
________________________________ ____________________________________
Printed Name and Signature Printed Name and Signature
[Jurat]
[Format shall be based on the latest Rules on
Notarial Practice
_________________________________________________________________________
GHQ Bids and Awards Committee 4 86
3rd Floor, Bulwagang Syquio, Camp General Emilio Aguinaldo, Quezon City
Telephone No. 911-6001 local 6495, 3095