REPUBLIKA NG PILIPINAS Republic of the Philippines KAGAWARAN NG EDUKASYON DEPARTMENT OF EDUCATION

(PART I)

Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide

February 2013

TABLE OF CONTENTS
SECTION I. INVITATION TO BID ...................................................................................................3 SECTION II. INSTRUCTIONS TO BIDDERS ..................................................................................7 SECTION III. BID DATA SHEET ...............................................................................................34 SECTION IV. GENERAL CONDITIONS OF CONTRACT .............................................................44 SECTION V. SPECIAL CONDITIONS OF CONTRACT .................................................................58 SECTION VI. SCHEDULE OF REQUIREMENTS .........................................................................66 SECTION VII. TECHNICAL SPECIFICATIONS ..........................................................................71 SECTION VIII. BIDDING FORMS .............................................................................................90

Section I. Invitation to Bid

The Department of Education, through the Bids and Awards Committee (BAC) I, intends to apply the sum of Philippine Pesos One Billion Six Hundred Sixty Five Million Seven Hundred Sixty Thousand Eighty Four and 00/100 (Php1,665,760,084.00) being the Approved Budget for the Contract (ABC) to payments under the contract for Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide. Details are as follows: Lot No. Items Textbooks & Teacher's Manuals English 6 TX-L English 6 TX-R English 6 TM Science III TX Science IV TX Math III TX Math IV TX Kindergarten Activity Sheets (ASs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Other Instructional Materials 1. Supply Property Management Handbook (SPMH) 2. Accreditation and equivalency Modules (54 Modules/Set) Grade 1 Learning Packages 1. English a Learners Materials (LMs) b Teachers Guides (TGs) 2. Filipino Teachers Guides (TGs) Grade 2 Learning Packages 1. MTB-MLE Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Quantities 904,130 904,130 15,101 207,997 180,603 207,997 180,603 147,398 563,756 22,771 35,944 131,150 487,116 72,488 171,737 13,137 34,052 44,362 22,572 45,000 copies 15,000 sets Approved Budget for the Contract (ABC) in Php

Php101,389,132.00

Php50,139,942.00

3,012,005 73,109 73,109 182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549

Php31,799,381.00

Php66,872,482

Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 2. Mathematics Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 3. Araling Panlipunan Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 4. Edukasyon sa Pagpapakatao Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 5. Music and Arts Learners Materials (LMs) Ilokano (CAR) Ilokano (R-II) Tagalog Pangasinan Kapampangan

27,504 52,443 82,446 41,941 182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php98,995,772.00

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php73,575,701.00

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php71,142,642.00

8.

36,503 145,751 847,958 29,301 54,744

Php89,905,567.00

9.

10 11 12

13 14 15 16 17 18 19 20 21

Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 6. Physical Education and Health Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 10. English Learners Materials (LMs) Grade 2 Learning Packages 11. Filipino Learners Materials (LMs) Grade 7 Learning Materials (LMs) 1. English a. Learners Materials (LMs) b. Teachers Guides (TGs) Grade 7 Learning Materials (LMs) 2. Filipino c. Learners Materials (LMs) d. Teachers Guides (TGs) Grade 8 Learning Materials (LMs) 1. Mathematics Learners Materials (LMs) Grade 8 Learning Materials (LMs) 2. Science Learners Materials (LMs) Grade 8 Learning Materials (LMs) 3. English Learners Materials (LMs) Grade 8 Learning Materials (LMs) 4. Filipino Learners Materials (LMs) Grade 8 Learning Materials (LMs) 5. Araling Panlipunan Learners Materials (LMs) Grade 8 Learning Materials (LMs) 6. Edukasyon sa Pagpapakatao Learners Materials (LMs) Grade 8 Learning Materials (LMs) 7. Music and Arts Learners Materials (LMs) Grade 8 Learning Materials (LMs) 8. Physical Education and Health

169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941 2,508,765 2,508,765 1,872,012 38,819 1,872,012 38,819 1,667,390 1,667,390 1,667,390 1,667,390 1,667,390 1,667,390

Php62,480,833.00

Php117,109,150.00 Php124,484,919.00 Php64,994,926.00

Php49,165,046.00 Php92,740,232.00 Php58,642,106.00 Php114,466,324.00 Php84,886,825.00 Php81,552,045.00 Php72,731,552.00 Php74,915,833.00 Php83,769,674.00 Php1,665,760,084.00

1,667,390 1,667,390 Total

End-User/ Contract Implementing Unit: Instructional Materials Council Secretariat (IMCS)

Source of Funds: General Appropriations Act (GAA) FY 2012 - 2013 Delivery Site: DepEd Division Offices, Public School Districts and High Schools Nationwide The Department of Education (DepEd) Central Office, through its Bids and Awards Committee (BAC) I, now invites bids for the above-mentioned project. Bids received in excess of the ABC per lot, and late bids shall be rejected. Bidders may bid for any or all lots. Evaluation and award shall be on a per lot basis in accordance with ITB Clause 1.2 of the Bidding Documents. The estimated Printing and Delivery Period is sixty (60) calendar days. Bidder must have a single largest contract that is similar to the project, within the last five (5) years from the opening of bids equivalent to at least fifty percent (50%) of the total ABC of the lots/s being bid. Bidding is restricted to Filipino citizens/sole proprietorship, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA 5183 and subject to Commonwealth Act 138. Open competitive bidding will be conducted using non-discretionary pass/fail criterion, evaluation and postqualification procedures specified in the Implementing Rules and Regulations (IRR) of R.A. 9184. Information is also available at www.deped.gov.ph or www.philgeps.net or call DepEd Procurement Service at telephone nos. 6366543/6339343. Activity Issuance Documents of Date and Time Bidding From February March 18, 2013 25, 2013 Venue DepEd-Procurement Service, 2nd to Floor, DORM B, DepEd Complex, Meralco Avenue, Pasig City Bulwagan ng Karunungan, G/F, Rizal Building, DepEd Complex, Meralco Avenue, Pasig City Bulwagan ng Karunungan, G/F, Rizal Building, DepEd Complex, Meralco Avenue, Pasig City

Prebid Conference

March 4, 2013, 10 am

Submission and Opening of March 18, 2013, 10 am Bids

The Bidding Documents may be inspected and/or purchased on the dates and venue indicated above and upon accomplishing of a bidders information sheet and payment in cash of a non-refundable fee in the amount of Philippine Pesos Fifty Thousand & 00/100 (Php50,000.00) by interested bidders to the DepEd Cashier. Only bidders that purchased the bidding documents will be allowed to submit bids. Prospective bidders are strongly encouraged to order or download the electronic copy of the Bidding Documents from the PhilGEPS website: www.philgeps.net, for them to be included in the Document Request List of the project. The bidding documents may be viewed also at the DepEd website: www.deped.gov.ph. DepEd-BAC reserves the right to reject any and all bids, declare failure of bidding, not award the contract, or annul the bidding process without thereby incurring any liability to the affected parties.

(SGD) TONISITO M.C. UMALI ESQ Assistant Secretary & BAC I Vice-Chairperson

ITB No.: IMCS-B1-2013-008

Section II. Instructions to Bidders

TABLE OF CONTENTS
A. GENERAL .............................................................................................................................. 9 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Scope of Bid ............................................................................................................... 9 Source of Funds .......................................................................................................... 9 Corrupt, Fraudulent, Collusive, and Coercive Practices ............................................ 9 Conflict of Interest ................................................................................................... 10 Eligible Bidders ........................................................................................................ 11 Bidders Responsibilities.......................................................................................... 13 Origin of Goods ........................................................................................................ 14 Subcontracts ............................................................................................................. 15 Pre-Bid Conference .................................................................................................. 15 Clarification and Amendment of Bidding Documents ............................................. 15 Language of Bid ....................................................................................................... 16 Documents Comprising the Bid: Eligibility and Technical Components ................ 16 Documents Comprising the Bid: Financial Component .......................................... 18 Alternative Bids........................................................................................................ 18 Bid Prices ................................................................................................................. 19 Bid Currencies .......................................................................................................... 20 Bid Validity .............................................................................................................. 20 Bid Security .............................................................................................................. 21 Format and Signing of Bids ..................................................................................... 23 Sealing and Marking of Bids .................................................................................... 23 Deadline for Submission of Bids ............................................................................. 24 Late Bids .................................................................................................................. 24 Modification and Withdrawal of Bids ...................................................................... 24 Opening and Preliminary Examination of Bids ....................................................... 25 Process to be Confidential ........................................................................................ 26 Clarification of Bids ................................................................................................. 26 Domestic Preference ................................................................................................ 26

B. CONTENTS OF BIDDING DOCUMENTS .................................................................................. 15

C. PREPARATION OF BIDS ........................................................................................................ 16

D. SUBMISSION AND OPENING OF BIDS.................................................................................... 24

E. EVALUATION AND COMPARISON OF BIDS ........................................................................... 26

28. 29. 30. 31. 32. 33. 34.

Detailed Evaluation and Comparison of Bids .......................................................... 27 Post-Qualification..................................................................................................... 28 Reservation Clause ................................................................................................... 29 Contract Award ........................................................................................................ 30 Signing of the Contract ............................................................................................ 31 Performance Security ............................................................................................... 32 Notice to Proceed ..................................................................................................... 32

F. AWARD OF CONTRACT ........................................................................................................ 30

A. General 1. Scope of Bid

1.1. The procuring entity named in the BDS (hereinafter referred to as the Procuring Entity) wishes to receive bids for supply and delivery of the goods as described in Section VII. Technical Specifications (hereinafter referred to as the Goods). The name, identification, and number of lots specific to this bidding are provided in the BDS. The contracting strategy and basis of evaluation of lots is described in ITB Clause 28.

1.2.

2.

Source of Funds
The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the contract.

3.

Corrupt, Fraudulent, Collusive, and Coercive Practices

3.1. Unless otherwise specified in the BDS, 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. In pursuance of this policy, the Procuring Entity: (a) defines, for purposes of this provision, the terms set forth below as follows: (i) corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019. fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, noncompetitive levels and to deprive the Procuring Entity of the benefits of free and open competition.

(ii)

(iii)

collusive practices means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. coercive practices means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; obstructive practice is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.

(iv)

(v)

(bb)

(b)

will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract.

3.2.

Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.1(a). Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3.

3.3.

4.

Conflict of Interest
4.1. All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of

10

interest in any of the circumstances set out in paragraphs (d) through (f) below: (a) (b) (c) (d) A Bidder has controlling shareholders in common with another Bidder; A Bidder receives or has received any direct or indirect subsidy from any other Bidder; A Bidder has the same legal representative as that of another Bidder for purposes of this bid; A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project; A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; or A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid.

(e)

(f)

4.2.

In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons: (a) (b) (c) (d) If the Bidder is an individual or a sole proprietorship, to the Bidder himself; If the Bidder is a partnership, to all its officers and members; If the Bidder is a corporation, to all its officers, directors, and controlling stockholders; and If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder.

5.

Eligible Bidders
11

5.1.

Unless otherwise provided in the BDS, the following persons shall be eligible to participate in this bidding: (a) (b) Duly licensed Filipino citizens/sole proprietorships; Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; and Unless otherwise provided in the BDS, persons/entities forming themselves into a JV, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%).

(c)

(d)

(e)

5.2.

Foreign bidders may be eligible to participate when any of the following circumstances exist, as specified in the BDS: (a) When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR allow foreign bidders to participate; Citizens, corporations, or associations of a country, included in the list issued by the GPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations, or associations of the Philippines; When the Goods sought to be procured are not available from local suppliers; or When there is a need to prevent situations that defeat competition or restrain trade.

(b)

(c) (d) 5.3.

Government corporate entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity. Unless otherwise provided in the BDS, the Bidder must have completed at least one contract similar to the Project the value of which, adjusted to current prices using the National Statistics Office consumer price index, must be at least equivalent to a percentage of the ABC stated in the BDS.

5.4.

12

For this purpose, contracts similar to the Project shall be those described in the BDS, and completed within the relevant period stated in the Invitation to Bid and ITB Clause 12.1(a)(iii). 5.5. The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC) or a commitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded the contract for this Project (CLC). The NFCC, computed using the following formula, must be at least equal to the ABC to be bid: NFCC = [(Current assets minus current liabilities) (K)] 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. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The CLC must be at least equal to ten percent (10%) of the ABC for this Project. If issued by a foreign bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. In the case of local government units (LGUs), the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas (BSP) as authorized to issue such financial instrument.

6.

Bidders Responsibilities
6.1. The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII. Bidding Forms as required in ITB Clause 12.1(b)(iii). The Bidder is responsible for the following: (a) (b) (c) (d) (e) Having taken steps to carefully examine all of the Bidding Documents; Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract; Having made an estimate of the facilities available and needed for the contract to be bid, if any; Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.3. Ensuring that it is not blacklisted or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB;

6.2.

13

(f)

Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify all the documents submitted; Ensuring that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretarys Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture; Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019; and Complying with existing labor laws and standards, in the case of procurement of services.

(g)

(h)

(i)

(j)

Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned. 6.3. 6.4. The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to the contract to be bid, including: (a) the location and the nature of this Project; (b) climatic conditions; (c) transportation facilities; and (d) other factors that may affect the cost, duration, and execution or implementation of this Project. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity. The Bidder shall bear all costs associated with the preparation and submission of his bid, and the Procuring Entity will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. Before submitting their bids, the Bidder is deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way. The Bidder should note that the Procuring Entity will accept bids only from those that have paid the nonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid.

6.5.

6.6.

6.7.

6.8.

7.

Origin of Goods

14

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

8.

Subcontracts
8.1. Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Goods to an extent as may be approved by the Procuring Entity and stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this Project. Subcontractors must comply with the eligibility criteria and the documentary requirements specified in the BDS. In the event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Goods shall be disallowed. The Bidder may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its bid.

8.2.

8.3.

B. Contents of Bidding Documents 9. Pre-Bid Conference

9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Bidders questions on the technical and financial components of this Project. (b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids. If the Procuring Entity determines that, by reason of the method, nature, or complexity of the contract to be bid, or when international participation will be more advantageous to the GOP, a longer period for the preparation of bids is necessary, the pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids, as specified in the BDS. 9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entitys requirements. Non-attendance of the Bidder will in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents discussed during the pre-bid conference. Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

9.3.

10.

Clarification and Amendment of Bidding Documents

15

10.1.

Bidders who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation. Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of bids. Supplemental/Bid Bulletins may be issued upon the Procuring Entitys initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the Bidding Documents shall be identified as an amendment. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23.

10.2.

10.3.

C. Preparation of Bids 11. Language of Bid

The bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Procuring Entity, shall be written in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern for purposes of interpretation of the bid.

12.

Documents Comprising Components

12.1.

the

Bid:

Eligibility

and

Technical

Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: (i) Registration certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives, or any proof of such registration as stated in the BDS; Mayors permit issued by the city or municipality where the principal place of business of the prospective bidder is located;

(ii)

16

(iii)

Statement of all its ongoing and completed government and private contracts within the period stated in the BDS, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following: (iii.1) name of the contract; (iii.2) date of the contract; (iii.3) kinds of Goods; (iii.4) amount of contract and value of outstanding contracts; (iii.5) date of delivery; and (iii.6) end users acceptance or official receipt(s) issued for the contract, if completed.

(iv)

Audited financial statements, stamped received by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions, for the preceding calendar year, which should not be earlier than two (2) years from bid submission; NFCC computation or CLC in accordance with ITB Clause 5.5; and

(v)

Class B Document: (vi) If applicable, the JVA in case the joint venture is already in existence, or 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.

(b)

Technical Documents (i) Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bid security in the form of: (i.1) a bank draft/guarantee or an irrevocable letter of credit issued by a foreign bank, it shall be accompanied by a confirmation from a Universal or Commercial Bank; or a surety bond, it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such instruments;

(i.2)

(ii)

Conformity with technical specifications, as enumerated and specified in Sections VI and VII of the Bidding Documents; and

17

(iii)

Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed in Section VIII. Bidding Forms..

13.

Documents Comprising the Bid: Financial Component

13.1. Unless otherwise stated in the BDS, the financial component of the bid shall contain the following: (a) Financial Bid Form, which includes bid prices and the bill of quantities and the applicable Price Schedules, in accordance with ITB Clauses 15.1 and 15.4; If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a certification from the DTI, SEC, or CDA issued in accordance with ITB Clause 27, unless otherwise provided in the BDS; and Any other document related to the financial component of the bid as stated in the BDS. Unless otherwise stated in the BDS, all bids that exceed the ABC shall not be accepted. Unless otherwise indicated in the BDS, for foreign-funded procurement, a ceiling may be applied to bid prices provided the following conditions are met: (i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the procuring entity, payment could be made upon the submission of bids.

(b)

(c) 13.2. (a) (b)

(ii) The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured. (iii) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. (iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineers/procuring entitys estimate. (v) The procuring entity has established a system to monitor and report bid prices relative to ABC and procuring entitys estimate. The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works.

14.

Alternative Bids
18

Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes.

15.

Bid Prices
15.1. The Bidder shall complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project. The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, Bill of Quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Government. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris. Prices indicated on the Price Schedule shall be entered separately in the following manner: (a) For Goods offered from within the Procuring Entitys country: (i) The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable: (i.1) on the components and raw material used in the manufacture or assembly of Goods quoted ex works or ex factory; or on the previously imported Goods of foreign origin quoted ex warehouse, ex showroom, or off-the-shelf and any Procuring Entity country sales and other taxes which will be payable on the Goods if the contract is awarded.

15.2.

15.3.

15.4.

(i.2)

(ii)

The price for inland transportation, insurance, and other local costs incidental to delivery of the Goods to their final destination. The price of other (incidental) services, if any, listed in the BDS.

(iii)

19

(b)

For Goods offered from abroad: (i) Unless otherwise stated in the BDS, the price of the Goods shall be quoted DDP with the place of destination in the Philippines as specified in the BDS. In quoting the price, the Bidder shall be free to use transportation through carriers registered in any eligible country. Similarly, the Bidder may obtain insurance services from any eligible source country. The price of other (incidental) services, if any, listed in the BDS.

(ii) 15.5.

Prices quoted by the Bidder shall be fixed during the Bidders performance of the contract and not subject to variation or price escalation on any account. A bid submitted with an adjustable price quotation shall be treated as nonresponsive and shall be rejected, pursuant to ITB Clause 24. All bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances. Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the Procuring Entity. Nevertheless, in cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regulations, or other acts of the GOP, promulgated after the date of bid opening, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis.

16.

Bid Currencies
16.1. Prices shall be quoted in the following currencies: (a) (b) For Goods that the Bidder will supply from within the Philippines, the prices shall be quoted in Philippine Pesos. For Goods that the Bidder will supply from outside the Philippines, the prices may be quoted in the currency(ies) stated in the BDS. However, for purposes of bid 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.

16.2.

If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates. Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos.

16.3.

17.

Bid Validity

20

17.1.

Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids. In exceptional circumstances, prior to the expiration of the Bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clause 18 should also be extended corresponding to the extension of the bid validity period at the least. A Bidder may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the request shall not be required or permitted to modify its bid.

17.2.

18.

Bid Security
18.1. The bid security in the amount stated in the BDS shall be equal to the percentage of the ABC in accordance with the following schedule: Form of Bid Security (a) Cash or cashiers/managers check issued by a Universal or Commercial Bank. (b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. (d) Any combination of the foregoing. Amount of Bid Security (Equal to Percentage of the ABC)

Two percent (2%)

Five percent (5%)

Proportionate to share of form with respect to total amount of security

For biddings conducted by LGUs, the Bidder may also submit bid securities in the form of cashiers/managers check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement. 18.2. The bid security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive. No bid securities shall be returned to bidders after the opening of bids and before contract signing, except to those that failed or declared as postdisqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. Without prejudice on its forfeiture, bid
21

18.3.

securities shall be returned only after the bidder with the Lowest Calculated and Responsive Bid has signed the contract and furnished the performance security, but in no case later than the expiration of the bid security validity period indicated in ITB Clause 18.2. 18.4. Upon signing and execution of the contract pursuant to ITB Clause 32, and the posting of the performance security pursuant to ITB Clause 33, the successful Bidders bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause 18.2. The bid security may be forfeited: (a) if a Bidder: (i) (ii) (iii) (iv) (v) withdraws its bid during the period of bid validity specified in ITB Clause 17; does not accept the correction of errors pursuant to ITB Clause 28.3(b); fails to submit the requirements within the prescribed period or a finding against their veracity as stated in ITB Clause 29.2; submission of eligibility requirements information or falsified documents; containing false

18.5.

submission of bids that contain false information or falsified documents, or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding; allowing the use of ones name, or using the name of another for purposes of public bidding; withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the Lowest Calculated and Responsive Bid;

(vi) (vii)

(viii) refusal or failure to post the required performance security within the prescribed time; (ix) refusal to clarify or validate in writing its bid during postqualification within a period of seven (7) calendar days from receipt of the request for clarification; any documented attempt by a bidder to unduly influence the outcome of the bidding in his favor; failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful; or all other acts that tend to defeat the purpose of the competitive bidding, such as habitually withdrawing from bidding,
22

(x) (xi) (xii)

submitting late Bids or patently insufficient bid, for at least three (3) times within a year, except for valid reasons. (b) if the successful Bidder: (i) (ii) fails to sign the contract in accordance with ITB Clause 32; or fails to furnish performance security in accordance with ITB Clause 33.

19.

Format and Signing of Bids

19.1. Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Bidding Forms on or before the deadline specified in the ITB Clauses 21 in two (2) separate sealed bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12.1, and the second shall contain the financial component of the bid. Forms as mentioned in ITB Clause 19.1 must be completed without any alterations to their format, and no substitute form shall be accepted. All blank spaces shall be filled in with the information requested. The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12 and 13. In the event of any discrepancy between the original and the copies, the original shall prevail. The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Bidder. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidder.

19.2.

19.3.

19.4.

19.5.

20.

Sealing and Marking of Bids

20.1. Bidders shall enclose their original eligibility and technical documents described in ITB Clause 12 in one sealed envelope marked ORIGINAL TECHNICAL COMPONENT, and the original of their financial component in another sealed envelope marked ORIGINAL - FINANCIAL COMPONENT, sealing them all in an outer envelope marked ORIGINAL BID. Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as COPY NO. ___ - TECHNICAL COMPONENT and COPY NO. ___ FINANCIAL COMPONENT and the outer envelope as COPY NO. ___, respectively. These envelopes containing the original and the copies shall then be enclosed in one single envelope.

20.2.

23

20.3.

The original and the number of copies of the Bid as indicated in the BDS shall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s. All envelopes shall: (a) (b) (c) (d) (e) contain the name of the contract to be bid in capital letters; bear the name and address of the Bidder in capital letters; be addressed to the Procuring Entitys BAC in accordance with ITB Clause 1.1; bear the specific identification of this bidding process indicated in the ITB Clause 1.2; and bear a warning DO NOT OPEN BEFORE the date and time for the opening of bids, in accordance with ITB Clause 21.

20.4.

20.5.

If bids are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid.

D. Submission and Opening of Bids 21. Deadline for Submission of Bids

Bids must be received by the Procuring Entitys BAC at the address and on or before the date and time indicated in the BDS.

22.

Late Bids
Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause 21, shall be declared Late and shall not be accepted by the Procuring Entity.

23.

Modification and Withdrawal of Bids

23.1. The Bidder may modify its bid after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as TECHNICAL MODIFICATION or FINANCIAL MODIFICATION and stamped received by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be returned unopened to the Bidders. A Bidder may also express its intention not
24

23.2.

23.3.

to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract. 23.4. No bid may be modified after the deadline for submission of bids. 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 Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidders bid security, pursuant to ITB Clause 18.5, and the imposition of administrative, civil and criminal sanctions as prescribed by RA 9184 and its IRR.

24.

Opening and Preliminary Examination of Bids

24.1. The BAC shall open the first bid envelopes of Bidders in public as specified in the BDS to determine each Bidders compliance with the documents prescribed in ITB Clause 12. For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary pass/fail criterion. If a bidder submits the required document, it shall be rated passed for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as failed. Otherwise, the BAC shall rate the said first bid envelope as passed. Unless otherwise specified in the BDS, immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated passed. The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC shall rate the bid concerned as failed. Only bids that are determined to contain all the bid requirements for both components shall be rated passed and shall immediately be considered for evaluation and comparison. Letters of withdrawal shall be read out and recorded during bid opening, and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened. If the withdrawing Bidders representative is in attendance, the original bid and all copies thereof shall be returned to the representative during the bid opening. If the representative is not in attendance, the bid shall be returned unopened by registered mail. The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids, provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal, subject to appropriate administrative sanctions. If a Bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above-enumerated Class A Documents, the said certification may be submitted in lieu of the requirements enumerated in ITB Clause 12.1(a), items (i) to (v).

24.2.

24.3.

24.4.

25

24.5.

In the case of an eligible foreign Bidder as described in ITB Clause 5, the Class A Documents described in ITB Clause 12.1(a) may be substituted with the appropriate equivalent documents, if any, issued by the country of the foreign Bidder concerned. Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clauses 12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB Clauses 12.1(a)(iii) to 12.1(a)(v) by any of the joint venture partners constitutes compliance. A Bidder determined as failed has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed Bidder signifies his intent to file a motion for reconsideration, the BAC shall keep the bid envelopes of the said failed Bidder unopened and/or duly sealed until such time that the motion for reconsideration or protest has been resolved. The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price, bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read.

24.6.

24.7.

24.8.

E. Evaluation and Comparison of Bids 25. Process to be Confidential

25.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in the case of ITB Clause 26. Any effort by a bidder to influence the Procuring Entity in the Procuring Entitys decision in respect of bid evaluation, bid comparison or contract award will result in the rejection of the Bidders bid.

25.2.

26.

Clarification of Bids
To assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the Procuring Entity shall not be considered.

27.

Domestic Preference

26

27.1.

Unless otherwise stated in the BDS, the Procuring Entity will grant a margin of preference for the purpose of comparison of bids in accordance with the following: (a) The preference shall be applied when (i) the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder, or (ii) the lowest bid offered by a non-Philippine national is lower than the lowest bid offered by a Domestic Entity. For evaluation purposes, the lowest Foreign Bid or the bid offered by a non-Philippine national shall be increased by fifteen percent (15%). In the event that (i) the lowest bid offered by a Domestic Entity does not exceed the lowest Foreign Bid as increased, or (ii) the lowest bid offered by a non-Philippine national as increased, then the Procuring Entity shall award the contract to the Domestic Bidder/Entity at the amount of the lowest Foreign Bid or the bid offered by a nonPhilippine national, as the case may be. If the Domestic Entity/Bidder refuses to accept the award of contract at the amount of the Foreign Bid or bid offered by a non-Philippine national within two (2) calendar days from receipt of written advice from the BAC, the Procuring Entity shall award to the bidder offering the Foreign Bid or the non-Philippine national, as the case may be, subject to post-qualification and submission of all the documentary requirements under these Bidding Documents.

(b) (c)

(d)

27.2.

A Bidder may be granted preference as a Domestic Entity subject to the certification from the DTI (in case of sole proprietorships), SEC (in case of partnerships and corporations), or CDA (in case of cooperatives) that the (a) sole proprietor is a citizen of the Philippines or the partnership, corporation, cooperative, or association is duly organized under the laws of the Philippines with at least seventy five percent (75%) of its interest or outstanding capital stock belonging to citizens of the Philippines, (b) habitually established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid, and (c) the business has been in existence for at least five (5) consecutive years prior to the advertisement and/or posting of the Invitation to Bid for this Project. A Bidder may be granted preference as a Domestic Bidder subject to the certification from the DTI that the Bidder is offering unmanufactured articles, materials or supplies of the growth or production of the Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplies of the growth, production, or manufacture, as the case may be, of the Philippines.

27.3.

28.

Detailed Evaluation and Comparison of Bids

28.1. The Procuring Entity will undertake the detailed evaluation and comparison of bids which have passed the opening and preliminary examination of bids, pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.

27

28.2.

The Lowest Calculated Bid shall be determined in two steps: (a) (b) The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and The ranking of the total bid prices as so calculated from the lowest to the highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid.

28.3.

The Procuring Entity's BAC shall immediately conduct a detailed evaluation of all bids rated passed, using non-discretionary pass/fail criteria. Unless otherwise specified in the BDS, the BAC shall consider the following in the evaluation of bids: (a) Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Procuring Entity; and Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of all eligible bids. It may also consider bid modifications, if allowed in the BDS. Any adjustment shall be calculated in monetary terms to determine the calculated prices.

(b)

28.4.

Based on the detailed evaluation of bids, those that comply with the abovementioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS. The Procuring Entitys evaluation of bids shall only be based on the bid price quoted in the Financial Bid Form. Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison.

28.5. 28.6.

29.

Post-Qualification
29.1. The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB) complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5, 12, and 13.

28

29.2.

Within a non-extendible period of three (3) calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements: (a) (b) (c) (d) Tax clearance per Executive Order 398, Series of 2005; Latest income and business tax returns in the form specified in the BDS; Certificate of PhilGEPS Registration; and Other appropriate licenses and permits required by law and stated in the BDS.

Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause or a finding against the veracity of such shall be ground for forfeiture of the bid security and disqualification of the Bidder for award. 29.3. The determination shall be based upon an examination of the documentary evidence of the Bidders qualifications submitted pursuant to ITB Clauses 12 and 13, as well as other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary pass/fail criterion. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria for post-qualification, it shall declare the said bid as the Lowest Calculated Responsive Bid, and recommend to the Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or its calculated bid price, whichever is lower. A negative determination shall result in rejection of the Bidders Bid, in which event the Procuring Entity shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidders capabilities to perform satisfactorily. If the second Bidder, however, fails the post qualification, the procedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid, and so on until the Lowest Calculated Responsive Bid is determined for contract award. Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. In the case of GOCCs and GFIs, the period provided herein shall be fifteen (15) calendar days.

29.4.

29.5.

29.6.

30.

Reservation Clause
30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidders capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect
29

its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract. 30.2. Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a failure of bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding: (a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the collusion is between or among the bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; If the Procuring Entitys BAC is found to have failed in following the prescribed bidding procedures; or For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows: (i) If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity; If the project is no longer necessary as determined by the head of the procuring entity; and If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.

(b) (c)

(ii) (iii) 30.3.

In addition, the Procuring Entity may likewise declare a failure of bidding when: (a) (b) (c) (d) No bids are received; All prospective Bidders are declared ineligible; All bids fail to comply with all the bid requirements or fail postqualification; or The Bidder with the Lowest Calculated Responsive Bid (LCRB) refuses, without justifiable cause to accept the award of contract, and no award is made.

F. Award of Contract 31. Contract Award

30

31.1. 31.2.

Subject to ITB Clause 29, the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be the LCRB. Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted, through a Notice of Award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Bidder with the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity. Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following conditions: (a) Submission of the valid JVA, if applicable, within ten (10) calendar days from receipt by the Bidder of the notice from the BAC that the Bidder has the LCRB; Posting of the performance security in accordance with ITB Clause 33; Signing of the contract as provided in ITB Clause 32; and Approval by higher authority, if required.

31.3.

(b) (c) (d) 31.4.

At the time of contract award, the Procuring Entity shall not increase or decrease the quantity of goods originally specified in Section VI. Schedule of Requirements.

32.

Signing of the Contract

32.1. At the same time as the Procuring Entity notifies the successful Bidder that its bid has been accepted, the Procuring Entity shall send the Contract Form to the Bidder, which contract has been provided in the Bidding Documents, incorporating therein all agreements between the parties. Within ten (10) calendar days from receipt of the Notice of Award, the successful Bidder shall post the required performance security and sign and date the contract and return it to the Procuring Entity. The Procuring Entity shall enter into contract with the successful Bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with. The following documents shall form part of the contract: (a) (b) (c) (d) (e) Contract Agreement; Bidding Documents; Winning bidders bid, including the Technical and Financial Proposals, and all other documents/statements submitted; Performance Security; Credit line in accordance with ITB Clause 5.5, if applicable;
31

32.2.

32.3.

32.4.

(f) (g)

Notice of Award of Contract; and Other contract documents that may be required by existing laws and/or specified in the BDS.

33.

Performance Security
33.1. To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall post a performance security within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract. The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule: Form of Performance Security (a) Cash or cashiers/managers check issued by a Universal or Commercial Bank. (b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; and/or (d) Any combination of the foregoing. 33.3. Amount of Performance Security (Equal to Percentage of the Total Contract Price)

33.2.

Five percent (5%)

Thirty percent (30%)

Proportionate to share of form with respect to total amount of security

Failure of the successful Bidder to comply with the above-mentioned requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall be repeated until the LCRB is identified and selected for contract award. However if no Bidder passed post-qualification, the BAC shall declare the bidding a failure and conduct a re-bidding with readvertisement.

34.

Notice to Proceed

32

34.1.

Within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder. The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity, which date shall not be later than seven (7) calendar days from the issuance of the Notice to Proceed.

34.2.

33

Section III. Bid Data Sheet

ITB Clause 1.1 1.2 The Procuring Entity is Department of Education (DepEd) Instructional Materials Council Secretariat (DepEd-IMCS) The lot(s) and reference are:
Lot No. Items Textbooks & Teacher's Manuals English 6 TX-L English 6 TX-R English 6 TM Science III TX Science IV TX Math III TX Math IV TX Kindergarten Activity Sheets (ASs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Other Instructional Materials 1. Supply Property Management Handbook (SPMH) 2. Accreditation and equivalency Modules (54 Modules/Set) Grade 1 Learning Packages 1. English a. Learners Materials (LMs) b. Teachers Guides (TGs) 2. Filipino Teachers Guides (TGs) Grade 2 Learning Packages 1. MTB-MLE Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Quantities 904,130 904,130 15,101 207,997 180,603 207,997 180,603 147,398 563,756 22,771 35,944 131,150 487,116 72,488 171,737 13,137 34,052 44,362 22,572 45,000 copies 15,000 sets 3,012,005 73,109 73,109 182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941 Php31,799,381.00 Approved Budget for the Contract (ABC) in Php

Php101,389,132.00

Php50,139,942.00

Php66,872,482

34

8.

Grade 2 Learning Packages 2. Mathematics Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 3. Araling Panlipunan Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 4. Edukasyon sa Pagpapakatao Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 5. Music and Arts Learners Materials (LMs) Ilokano (CAR) Ilokano (R-II) Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya
35

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php98,995,772.00

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php73,575,701.00

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php71,142,642.00

36,503 145,751 847,958 29,301 54,744 169,705 692,195 103,725

Php89,905,567.00

9.

10 11

12

13

14 15 16 17 18 19

20

Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 6. Physical Education and Health Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 10. English Learners Materials (LMs) Grade 2 Learning Packages 11. Filipino Learners Materials (LMs) Grade 7 Learning Materials (LMs) 1. English a. Learners Materials (LMs) b. Teachers Guides (TGs) Grade 7 Learning Materials (LMs) 2. Filipino c. Learners Materials (LMs) d. Teachers Guides (TGs) Grade 8 Learning Materials (LMs) 1. Mathematics Learners Materials (LMs) Grade 8 Learning Materials (LMs) 2. Science Learners Materials (LMs) Grade 8 Learning Materials (LMs) 3. English Learners Materials (LMs) Grade 8 Learning Materials (LMs) 4. Filipino Learners Materials (LMs) Grade 8 Learning Materials (LMs) 5. Araling Panlipunan Learners Materials (LMs) Grade 8 Learning Materials (LMs) 6. Edukasyon sa Pagpapakatao Learners Materials (LMs) Grade 8 Learning Materials (LMs) 7. Music and Arts Learners Materials (LMs)

224,549 27,504 52,443 82,446 41,941

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941 2,508,765 2,508,765

Php62,480,833.00

Php117,109,150.00 Php124,484,919.00

1,872,012 38,819 1,872,012 38,819 1,667,390 1,667,390 1,667,390 1,667,390 1,667,390 1,667,390 1,667,390

Php64,994,926.00

Php49,165,046.00

Php92,740,232.00 Php58,642,106.00 Php114,466,324.00 Php84,886,825.00 Php81,552,045.00 Php72,731,552.00

Php74,915,833.00

36

21

Grade 8 Learning Materials (LMs) 8. Physical Education and Health

1,667,390 Total

Php83,769,674.00 Php1,665,760,084.00

The Funding Source is: The Government of the Philippines (GOP) Department of Education-Instructional Materials Council Secretariat (DepEd-IMCS) Textbook Budget The Total Approved Budget for the Contract is: Php1,665,760,084.00 The name of the Project is: Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide.

3.1 5.1 5.2

No further instructions No further instructions None of the circumstances mentioned in the ITB Clause exists in this Project, except those falling under ITB Clause 5.2(b). In case of foreign bidder found eligible in accordance with ITB Clause 5.1, the bidder-supplier shall be represented by an agent in the Philippines authorized to communicate in writing with the Purchaser, receive and/or furnish documents, cause replacement of defective Goods or complete short deliveries, and able to carry out the Suppliers obligations prescribed in the Conditions of Contract and/or Technical Specification, and other similar acts authorized by the Supplier before award and if awarded the contract.

5.4

The Bidder must have completed, within the period specified in the Invitation to Bid and ITB Clause 12.1(a)(iii), a single contract that is similar to this Project, equivalent to at least fifty percent (50%) of the total ABC of the Lots to be bid. For this purpose, similar contracts shall refer to the manufacturing of printed and bound materials, or as consolidators of educational materials.

7 8.1

No further instructions Sub-contracting of this contract in its entirety is not allowed; bidders, however, may employ sub-contractor(s) on related and ancillary services for the fulfillment of its obligations under this contract. In no case however shall these arrangements reduce/diminish nor extinguish the duties, obligations and responsibilities of the bidder under this contract. No further instructions The Procuring Entity will hold a pre-bid conference for this project on March 4, 2013, 10 am at Bulwagan ng Karunungan, G/F, Rizal Building, DepEd Complex, Meralco Avenue, Pasig City.

8.2 9.1

37

10.1

The Procuring Entitys address is: Bid and Awards Committee (BAC) I BAC 1 Chairperson c/o Procurement Service 2/F, Dorm B Building DepEd Complex, Meralco Avenue, Pasig City Tel. No.: (632) 636-65-43, 636-6542 Fax No. (632) 633-9343 Attn.: BAC I Chairperson

12.1(a) 12.1(a)(i) 12.1(a)(ii)

No further instructions. No other acceptable proof of registration is recognized. The authentic copy of Valid and current Mayors permit/municipal license, and if required in the permit submitted, appropriate Official Receipt (O.R.) of payment for the current quarter/ year. The statement of all ongoing and completed government and private contracts shall include all such contracts within the last five (5) years prior to the deadline for the submission and receipt of bids. In case the bidder has no ongoing contract, the bidder shall submit a duly signed statement of all ongoing government and private contracts provided in Section VIII, Bidding Forms and indicate No Ongoing Contract in the said form.

12.1(a)(iii)

12.1(b)(i) 12.1(b)(ii)

Original Bid Security shall be submitted inside the Technical Component Envelope. The Bidder shall submit with its bid the following additional documents: Sample of paper that will be used for this project, sealed in a separate envelope (see minimum printing paper specifications under Section VII. Technical Specifications); Two (2) sets each of ninety (90) sheets A4 size sheets of body stocks, sixty (60) A4 size sheets of cover stocks, for testing at FPRDI. Costs of the testing shall be for the account of the Bidder concerned. Note: The same paper sample shall be submitted to FPRDI Testing during post-qualification period to determine compliance with the technical specifications requirements. Declaration of the possible source (supplier) of paper that will be used by the bidder during contract implementation. Please see attached pro-forma of the said declaration in Section VIII. Bidding Forms.

13.1 13.1(b)

No additional requirements
No further instructions

38

13.1(c) 13.2 15.4(a)(iii)

No additional requirements

No further instructions No incidental services are required. Note: Incomplete and unsigned price schedules and bid form shall be rejected.

15.4(b)

The price of the Goods/Services shall be quoted DDP Project Sites. The Supplier shall pay all other taxes, deliver and unload the Goods at Project Site at its own expense. The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Pesos. Payment shall be made in Philippine Peso. Bids will be valid for 120 calendar days reckoned from the date of the opening of bids. A Bid proposal valid for a shorter period shall be rejected outright as non-responsive. The bid security shall be in the following amount:
Lot ABC Forms of Bid Security Cash, Cashiers/ Surety Bond Managers Check, (5% of ABC) Bank Draft/Guarantee (2% of ABC) P2,027,782.64 P5,069,456.60 P1,002,798.84 P2,506,997.10 P635,987.62 P1,589,969.05 P1,337,449.64 P3,343,624.10 P1,979,915.44 P4,949,788.60 P1,471,514.02 P3,678,785.05 P1,422,852.84 P3,557,132.10 P1,798,111.34 P4,495,278.35 P1,249,616.66 P3,124,041.65 P2,342,183.00 P5,855,457.50 P2,489,698.38 P6,224,245.95 P1,299,898.52 P3,249,746.30 P983,300.92 P2,458,252.30 P1,854,804.64 P4,637,011.60 P1,172,842.12 P2,932,105.30 P2,289,326.48 P5,723,316.20 P1,697,736.50 P4,244,341.25 P1,631,040.90 P4,077,602.25 P1,454,631.04 P3,636,577.60 P1,498,316.66 P3,745,791.65 P1,675,393.48 P4,188,483.70 Any combination of the forms of Bid Security

16.1(b)

16.3 17.1

18.1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

P101,389,132.00 50,139,942.00 31,799,381.00 66,872,482.00 98,995,772.00 73,575,701.00 71,142,642.00 89,905,567.00 62,480,833.00 117,109,150.00 124,484,919.00 64,994,926.00 49,165,046.00 92,740,232.00 58,642,106.00 114,466,324.00 84,886,825.00 81,552,045.00 72,731,552.00 74,915,833.00 83,769,674.00

Proportionate to share of form with respect to total amount of security

Note: Bid Security in the form of Cash should be deposited by the Bidder
39

to the Cashier of the Procuring Entity prior to bid submission. The original copy of the Official Receipt should be submitted as part of the technical component of the bid; The Bid Security submitted must be in original form; and, In case of Surety Bond: - Must be callable upon demand and - Must be accompanied by a copy of Certificate from the Insurance Commission authorizing the insurance company to issue such security. Failure to include copy of certificate from the Insurance Commission shall be a ground for the rejection of bid.

In lieu of a bid security mentioned above, the bidder may submit a Bid Securing Declaration that is an undertaking which states, among others, that the bidder shall enter into contract with the procuring entity and furnish the required performance security within ten (10) calendar days, or less, as indicated in this Bidding Documents, from receipt of the Notice of Award, and committing to pay the corresponding fine and be suspended for a period of time from being qualified to participate in any government procurement activity in the event it violates any of the conditions stated herein. The Bid Securing Declaration shall comply with the standard format as included in Section VII. Bidding Forms. 18.2 The bid security shall be valid for 120 calendar days reckoned from the date of opening of bids. A Bid Security valid for a shorter period shall be rejected outright and declared as non-responsive. Each Bidder shall submit one (1) original and two (2) copies of the first and second components of its bid, and shall likewise submit the same in electronic copy (PDF format) in CD/DVD. The copies shall be marked as Copy No. 1 and 2, as appropriate. All pages of the Bid, including attachments thereto such as brochures, shall be initialed by the person or persons signing the Bid. The inner and outer envelopes shall bear the following additional identification marks: Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide. For easy identification and arrangement of bid envelopes during Bid Opening and Evaluation, the following are recommended: Outer envelope shall preferably be color Red; Inner envelope containing Original shall preferably be color Blue Inner envelope containing the additional 2 copies of the bid shall preferably be color Green 21 The deadline for submission of bids will be on March 18, 2013, 10 am at Bulwagan ng Karunungan, G/F, Rizal Building, DepEd Complex,
40

20.3

Meralco Avenue, Pasig City. Bids may be submitted before March 18, 2013 at the Procurement Service Office, 2/F, Dorm B Building, Philsports Complex, Meralco Ave., Pasig City. The venue of bid opening is Bulwagan ng Karunungan, Rizal Building, DepEd Complex, Meralco Avenue, Pasig City. The date and time of bid opening is March 18, 2013, 10 am. Late bids shall be rejected. 24.2 27.1 28.3 28.3(b) 28.4 29 No further instructions. No further instructions. No further instructions Bid modification shall be allowed only in accordance with ITB Clause 23. No further instructions. The bidder having the Lowest Calculated Bid (LCB) shall: 1. Present its appropriate and clear duly signed contracts/purchase orders/agreements/notices of awards/job orders or notices to proceed, with the corresponding duly signed certificate of completion, delivery receipts, inspection and acceptance reports, certificate of final acceptance or official receipts to support its Statement of Ongoing and/or Complete Contracts on demand by the BAC or its representative/s; and 2. Present its original eligibility, technical & financial documents to the 1. BAC to verify submitted documents during bid opening. 2. In accordance with GPPB Circular No. 06-2005 dated August 5, 2005, the Procuring Entity should identify at the outset a ready and clear measure to break a tie which is based on sheer luck or chance, thus, supplementing the provisions in the ITB, the following is hereby added: In case of a tie of two or more Bidders whose bids are determined and declared as the Lowest Calculated and Responsive Bids (LCRB) having been Post-Qualified, the method to be used to break the tie is draw lots which is non-discretionary and non-discriminatory. A letter will be sent informing the concerned bidders of a tie, and the date, time and location of the drawing of lots. In case of non-appearance of one party, it waives the right to participate in the drawing of lots but not in the acceptance of award if declared as winner. To expedite the bid evaluation, the bidder at its option may submit in advance, i.e. on or before the deadline for submission and receipt of bids, the post-qualification documents, in a separate sealed envelope as follows:

24.1

29

29.2

41

1. Tax Clearance per Executive Order 398, Series of 2005 2. Latest income and business tax returns: a. Printed copies of the Electronically filed Income Tax and Business Tax Returns with copies of their respective Payment Confirmation Forms for the immediately preceding calendar/tax year from the authorized agent bank; or

b. Copies of manually filed Income Tax and Business Tax Returns for the immediately preceding calendar/tax year stamped Received by the BIR with copies of their official receipt(s) of payment(s). 3. Valid Certificate of PhilGEPS registration The envelope shall be marked: ITB 29.2 Documents Name of the Project : ___________________________________ Bid Opening Date : ___________________________________ Name of Bidder : ____________________________________ 29.2(a) 29.2(d) 29.3 True Copy of the current or valid Tax Clearance Certificate issued by the appropriate office in the BIR National Office, Quezon City. No additional requirements To determine compliance and responsiveness of its Bid in accordance with ITB Clause 12(b)(ii), as enumerated under Sections VI and VII, the samples submitted by the Lowest Calculated Bidder shall be subjected to FPRDI Testing (samples to be forwarded jointly by DepEd and the bidder) to FPRDI. Costs of the test shall be borne by the bidder concern. Failure to pass FPRDI testing twice shall be ground for forfeiture of the bid security and the disqualification of the Bidder for award. 32.4(g) Additional contract documents relevant to the Project that may be required by existing laws and/or the Procuring Entity: 1. 2. 3. 4. 5. 6. 7. 8. Resolution to Award approved by the Secretary of DepEd; Signed Bid Document, and Supplemental/Bid Bulletin, if any; Signed Annex to Special Conditions of Contract; Signed Technical Specifications, Packaging Requirements, Various Instructional Materials Requirements; Allocation List detailing the quantities for each recipient division offices, districts, and high schools; Signed Suppliers and Forwarders Declaration Conforme Signature on the Agreed Delivery Schedule with DepEdIMCS; and Conforme Signature on the Guidelines on the Delivery of Textbooks and Other Instructional Materials issued by the Department

34.2

The Contract is deemed effective from the date of receipt of the Notice to Proceed (NTP) which shall not be later than seven (7) calendar days from
42

its issuance. The Contract Completion Period (CCP) shall be within Sixty (60) cd from date of confirmation of the NTP.

43

Section IV. General Conditions of Contract

TABLE OF CONTENTS
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. DEFINITIONS ..................................................................................................................45 CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE PRACTICES............................46 INSPECTION AND AUDIT BY THE FUNDING SOURCE .....................................................47 GOVERNING LAW AND LANGUAGE ...............................................................................47 NOTICES .........................................................................................................................47 SCOPE OF CONTRACT ....................................................................................................47 SUBCONTRACTING .........................................................................................................48 PROCURING ENTITYS RESPONSIBILITIES ....................................................................48 PRICES ............................................................................................................................48 PAYMENT .......................................................................................................................48 ADVANCE PAYMENT AND TERMS OF PAYMENT ...........................................................49 TAXES AND DUTIES ........................................................................................................49 PERFORMANCE SECURITY .............................................................................................50 USE OF CONTRACT DOCUMENTS AND INFORMATION ..................................................50 STANDARDS ....................................................................................................................50 INSPECTION AND TESTS .................................................................................................51 WARRANTY ....................................................................................................................51 DELAYS IN THE SUPPLIERS PERFORMANCE ................................................................52 LIQUIDATED DAMAGES .................................................................................................52 SETTLEMENT OF DISPUTES............................................................................................53 LIABILITY OF THE SUPPLIER .........................................................................................53 FORCE MAJEURE ...........................................................................................................53 TERMINATION FOR DEFAULT ........................................................................................54 TERMINATION FOR INSOLVENCY ..................................................................................54 TERMINATION FOR CONVENIENCE ...............................................................................55 TERMINATION FOR UNLAWFUL ACTS ...........................................................................55 PROCEDURES FOR TERMINATION OF CONTRACTS .......................................................56 ASSIGNMENT OF RIGHTS ...............................................................................................57 CONTRACT AMENDMENT ..............................................................................................57 APPLICATION .................................................................................................................57

44

1.

Definitions
1.1. In this Contract, the following terms shall be interpreted as indicated: (a) The Contract means the agreement entered into between the Procuring Entity and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. The Contract Price means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. The Goods means all of the supplies, equipment, machinery, spare parts, other materials and/or general support services which the Supplier is required to provide to the Procuring Entity under the Contract. The Services means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract. GCC means the General Conditions of Contract contained in this Section. SCC means the Special Conditions of Contract. The Procuring Entity means the organization purchasing the Goods, as named in the SCC. The Procuring Entitys country is the Philippines. The Supplier means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the SCC. The Funding Source means the organization named in the SCC. The Project Site, where applicable, means the place or places named in the SCC. Day means calendar day. The Effective Date of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provided in the Notice to Proceed. Performance of all obligations shall be reckoned from the Effective Date of the Contract. Verified Report refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate.
45

(b)

(c)

(d)

(e) (f) (g) (h) (i)

(j) (k) (l) (m)

(n)

2.

Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1. Unless otherwise provided in the SCC, the Procuring Entity as well as the bidders, contractors, or suppliers shall observe the highest standard of ethics during the procurement and execution of this Contract. In pursuance of this policy, the Procuring Entity: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019. "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, noncompetitive levels and to deprive the Procuring Entity of the benefits of free and open competition. collusive practices means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. coercive practices means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; obstructive practice is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or
46

(ii)

(iii)

(iv)

(v)

investigation or from pursuing such proceedings or investigation; or (bb) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.

(b)

will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract.

2.2.

Further the Funding Source, Borrower or Procuring Entity, as appropriate, will seek to impose the maximum civil, administrative and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with any of the practices mentioned in GCC Clause 2.1(a).

3.

Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Suppliers accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source.

4.

Governing Law and Language

4.1. 4.2. This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines. This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English.

5.

Notices
5.1. Any notice, request, or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request, or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram, or facsimile to such Party at the address specified in the SCC, which shall be effective when delivered and duly received or on the notices effective date, whichever is later. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SCC for GCC Clause 5.1.

5.2.

6.

Scope of Contract

47

6.1. 6.2.

The GOODS and Related Services to be provided shall be as specified in Section VI. Schedule of Requirements. 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. Any additional requirements for the completion of this Contract shall be provided in the SCC.

7.

Subcontracting
7.1. Subcontracting of any portion of the Goods, if allowed in the BDS, does not relieve the Supplier of any liability or obligation under this Contract. The Supplier will be responsible for the acts, defaults, and negligence of any subcontractor, its agents, servants or workmen as fully as if these were the Suppliers own acts, defaults, or negligence, or those of its agents, servants or workmen. Subcontractors disclosed and identified during the bidding may be changed during the implementation of this Contract, subject to compliance with the required qualifications and the approval of the Procuring Entity.

7.2.

8.

Procuring Entitys Responsibilities

8.1. Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits, approvals, import, and other licenses from local public authorities, the Procuring Entity shall, if so needed by the Supplier, make its best effort to assist the Supplier in complying with such requirements in a timely and expeditious manner. The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with GCC Clause 6.

8.2.

9.

Prices
9.1. For the given scope of work in this Contract as awarded, all bid prices are considered fixed prices, and therefore not subject to price 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 IRR or except as provided in this Clause. Prices charged by the Supplier for Goods delivered and/or services performed under this Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any change in price resulting from a Change Order issued in accordance with GCC Clause 29.

9.2.

10.

Payment
10.1. Payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted. Except with the prior approval of the President no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under this Contract. Ten percent (10%) of the amount of each
48

payment shall be retained by the Procuring Entity to cover the Suppliers warranty obligations under this Contract as described in GCC Clause 17. 10.2. The Suppliers request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed, and by documents submitted pursuant to the SCC provision for GCC Clause 6.2, and upon fulfillment of other obligations stipulated in this Contract. Pursuant to GCC Clause 10.2, payments shall be made promptly by the Procuring Entity, but in no case later than sixty (60) days after submission of an invoice or claim by the Supplier. Unless otherwise provided in the SCC, the currency in which payment is made to the Supplier under this Contract shall be in Philippine Pesos.

10.3.

10.4.

11.

Advance Payment and Terms of Payment

11.1. Advance payment shall be made only after prior approval of the President, and shall not exceed fifteen percent (15%) of the Contract amount, unless otherwise directed by the President or in cases allowed under Annex D of RA 9184. For Goods supplied from abroad, the terms of payment shall be as follows: (a) On Contract Signature: Ten percent (10%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. Bidding Forms. On Delivery: Seventy percent (70%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents. On Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entitys authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entitys authorized representative within forty five (45) days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entitys own verification of the reason(s) for the failure to issue documents (vii) and (viii) as described in the SCC provision on Delivery and Documents.

11.2.

(b)

(c)

11.3.

All progress payments shall first be charged against the advance payment until the latter has been fully exhausted.

12.

Taxes and Duties

49

The Supplier, whether local or foreign, shall be entirely responsible for all the necessary taxes, stamp duties, license fees, and other such levies imposed for the completion of this Contract.

13.

Performance Security
13.1. Within ten (10) calendar days from receipt of the Notice of Award from the Procuring Entity but in no case later than the signing of the contract by both parties, the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Clause 33.2. The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract. The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. The performance security may be released by the Procuring Entity and returned to the Supplier after the issuance of the Certificate of Final Acceptance subject to the following conditions: (a) (b) (c) 13.5. There are no pending claims against the Supplier or the surety company filed by the Procuring Entity; The Supplier has no pending claims for labor and materials filed against it; and Other terms specified in the SCC.

13.2.

13.3. 13.4.

In case of a reduction of the contract value, the Procuring Entity shall allow a proportional reduction in the original performance security, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance security.

14.

Use of Contract Documents and Information

14.1. The Supplier shall not, except for purposes of performing the obligations in this Contract, without the Procuring Entitys prior written consent, disclose this Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. Any document, other than this Contract itself, enumerated in GCC Clause 14.1 shall remain the property of the Procuring Entity and shall be returned (all copies) to the Procuring Entity on completion of the Suppliers performance under this Contract if so required by the Procuring Entity.

14.2.

15.

Standards

50

The Goods provided under this Contract shall conform to the standards mentioned in the Section VII. Technical Specifications; and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods country of origin. Such standards shall be the latest issued by the institution concerned.

16.

Inspection and Tests

16.1. The Procuring Entity or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity. The SCC and Section VII. Technical Specifications shall specify what inspections and/or tests the Procuring Entity requires and where they are to be conducted. The Procuring Entity shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes. If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. The Supplier shall provide the Procuring Entity with results of such inspections and tests. The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in this Clause provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Clause 5. The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, shall release the Supplier from any warranties or other obligations under this Contract.

16.2.

16.3.

16.4.

16.5.

17.

Warranty
17.1. The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the technical specifications required by the Procuring Entity provides otherwise. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination.

17.2.

51

17.3.

In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period specified in the SCC. The obligation for the warranty shall be covered by, at the Suppliers option, either retention money in an amount equivalent to at least ten percent (10%) of the final payment, or a special bank guarantee equivalent to at least ten percent (10%) of the Contract Price or other such amount if so specified in the SCC. The said amounts shall only be released after the lapse of the warranty period specified in the SCC; provided, however, that the Supplies delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met. 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, within the period specified in the SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without cost to the Procuring Entity. If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in GCC Clause 17.4, the Procuring Entity may proceed to take such remedial action as may be necessary, at the Suppliers risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable law.

17.4.

17.5.

18.

Delays in the Suppliers Performance

18.1. Delivery of the Goods and/or performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Procuring Entity in Section VI. Schedule of Requirements. If at any time during the performance of this Contract, the Supplier or its Subcontractor(s) should encounter conditions impeding timely delivery of the Goods and/or performance of Services, the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Suppliers notice, and upon causes provided for under GCC Clause 22, the Procuring Entity shall evaluate the situation and may extend the Suppliers time for performance, in which case the extension shall be ratified by the parties by amendment of Contract. Except as provided under GCC Clause 22, a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 19, unless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liquidated damages.

18.2.

18.3.

19.

Liquidated Damages
Subject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or all of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted time extensions if any, the Procuring Entity shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, the applicable rate of one
52

tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of delay until actual delivery or performance. The maximum deduction shall be ten percent (10%) of the amount of contract. Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to other courses of action and remedies open to it.

20.

Settlement of Disputes
20.1. If any dispute or difference of any kind whatsoever shall arise between the Procuring Entity and the Supplier in connection with or arising out of this Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation. If after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Procuring Entity or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under this Contract. In the case of a dispute between the Procuring Entity and the Supplier, the dispute shall be resolved in accordance with Republic Act 9285 (R.A. 9285), otherwise known as the Alternative Dispute Resolution Act of 2004. Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and the Procuring Entity shall pay the Supplier any monies due the Supplier.

20.2.

20.3.

20.4.

20.5.

21.

Liability of the Supplier

21.1. The Suppliers liability under this Contract shall be as provided by the laws of the Republic of the Philippines, subject to additional provisions, if any, set forth in the SCC. Except in cases of criminal negligence or willful misconduct, and in the case of infringement of patent rights, if applicable, the aggregate liability of the Supplier to the Procuring Entity shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

21.2.

22.

Force Majeure
22.1. The Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that the Suppliers delay in performance or other failure to perform its obligations under the Contract is the result of a force majeure.

53

22.2.

For purposes of this Contract the terms force majeure and fortuitous event may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen, or which though foreseen, was 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 Contractor. Such events may include, but not limited to, acts of the Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. If a force majeure situation arises, the Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure.

22.3.

23.

Termination for Default

23.1. The Procuring Entity shall terminate this Contract for default when any of the following conditions attends its implementation: (a) Outside of force majeure, the Supplier fails to deliver or perform any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier prior to the delay, and such failure amounts to at least ten percent (10%) of the contact price; As a result of force majeure, the Supplier is unable to deliver or perform any or all of the Goods, amounting to at least ten percent (10%) of the contract price, for a period of not less than sixty (60) calendar days after receipt of the notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have ceased; or The Supplier fails to perform any other obligation under the Contract.

(b)

(c) 23.2.

In the event the Procuring Entity terminates this Contract in whole or in part, for any of the reasons provided under GCC Clauses 23 to 26, the Procuring Entity may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Procuring Entity for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of this Contract to the extent not terminated. In case the delay in the delivery of the Goods and/or performance of the Services exceeds a time duration equivalent to ten percent (10%) of the specified contract time plus any time extension duly granted to the Supplier, the Procuring Entity may terminate this Contract, forfeit the Supplier's performance security and award the same to a qualified Supplier.

23.3.

24.

Termination for Insolvency

54

The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

25.

Termination for Convenience

25.1. The Procuring Entity may terminate this Contract, in whole or in part, at any time for its convenience. The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has determined the existence of conditions that make Project Implementation economically, financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and national government policies. The Goods that have been delivered and/or performed or are ready for delivery or performance within thirty (30) calendar days after the Suppliers receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices. For Goods not yet performed and/or ready for delivery, the Procuring Entity may elect: (a) (b) to have any portion delivered and/or performed and paid at the contract terms and prices; and/or to cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier.

25.2.

25.3.

If the Supplier suffers loss in its initial performance of the terminated contract, such as purchase of raw materials for goods specially manufactured for the Procuring Entity which cannot be sold in open market, it shall be allowed to recover partially from this Contract, on a quantum meruit basis. Before recovery may be made, the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be made.

26.

Termination for Unlawful Acts

26.1. The Procuring Entity may terminate this Contract in case it is determined prima facie that the Supplier has engaged, before or during the implementation of this Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Unlawful acts include, but are not limited to, the following: (a) (b) (c) Corrupt, fraudulent, and coercive practices as defined in ITB Clause 3.1(a); Drawing up or using forged documents; Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and

55

(d)

Any other act analogous to the foregoing.

27.

Procedures for Termination of Contracts

27.1. The following provisions shall govern the procedures for termination of this Contract: (a) Upon receipt of a written report of acts or causes which may constitute ground(s) for termination as aforementioned, or upon its own initiative, the Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execution of a Verified Report, with all relevant evidence attached; Upon recommendation by the Implementing Unit, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveying the termination of this Contract. The notice shall state: (i) that this Contract is being terminated for any of the ground(s) afore-mentioned, and a statement of the acts that constitute the ground(s) constituting the same; the extent of termination, whether in whole or in part; an instruction to the Supplier to show cause as to why this Contract should not be terminated; and special instructions of the Procuring Entity, if any.

(b)

(ii) (iii) (iv) (c) (d)

The Notice to Terminate shall be accompanied by a copy of the Verified Report; Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated. If the Supplier fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the Head of the Procuring Entity shall issue an order terminating this Contract; The Procuring Entity may, at any time before receipt of the Suppliers verified position paper described in item (d) above withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Suppliers receipt of the notice; Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. It shall serve a written notice to the Supplier of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Supplier of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate;

(e)

(f)

56

(g)

The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity; and The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The Contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity.

(h)

28.

Assignment of Rights
The Supplier shall not assign his rights or obligations under this Contract, in whole or in part, except with the Procuring Entitys prior written consent.

29.

Contract Amendment
Subject to applicable laws, no variation in or modification of the terms of this Contract shall be made except by written amendment signed by the parties.

30.

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

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Section V. Special Conditions of Contract

GCC Clause 1.1(g) 1.1(i) 1.1(j) The Procuring Entity is Department of Education (DepEd) Instructional Materials Council Secretariat (IMCS) The Supplier is [to be inserted at the time of contract award]. The Funding Source is: The Government of the Philippines (GOP) through the Textbook Budget of the Department of Education Instructional Materials Council Secretariat (DepEd-IMCS) in the amount of Php1,665,760,084.00. 1.1(k) 5.1 The Project Site: DepEd Division Offices, Public School Districts and High Schools. The Procuring Entitys address for Notices is: The Executive Director Instructional Materials Council Secretariat (IMCS) 2/F Dorm G Bldg., Philsports Complex Meralco Ave., Pasig City Telefax: 634-1072/631-4985 Email address: imcs@deped.gov.ph or depedimcs@gmail.com 6.2 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: For Goods Supplied from Abroad: The delivery terms applicable to this Contract are DDP delivery to Public School Districts and High Schools Nationwide. In accordance with INCOTERMS. For Goods Supplied from Within the Philippines: The delivery term applicable to this Contract is delivery to DepEd Division Offices, Public Schools Districts and High Schools Nationwide. Risk and title will pass from the Supplier to the PROCURING ENTITY upon receipt and final acceptance of the GOODS at their final destination. Delivery of the GOODS shall be made by the Supplier in accordance with the terms specified in Section VI. Schedule of Requirements.

58

Upon delivery of the GOODS to their final destinations, the Supplier shall notify and present the following documents to DepEd-IMCS for initial processing of claim for payment: (i) (ii) (iii) Original and four (4) copies of the Suppliers invoice showing GOODS description, quantity, unit price, and total amount; Original and four (4) copies of the Suppliers Warranty certificate; Original and two (2) copies of the Delivery Receipt (DR) detailing number and description of items received signed by the Authorized Receiving Personnel (ARPs); Original (white copy) and two (2) copies of the Pre-numbered Inspection and Acceptance Report (IAR) duly signed and dated by the ARPs of the public school district and/or high school; and At least 90% of the Certificates of Acceptance duly signed and dated by the DepEd Schools Division Superintendent or the authorized alternate.

(iv)

(v)

For purposes of this Clause the PROCURING ENTITYs Representatives at the Project Site are the ARPs and the DepEd Division Supply Officer or authorized alternate. 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. Packaging The Supplier shall provide such packaging of the GOODS as is required to prevent their damage or deterioration during transit to their final destination, as indicated in this Contract. The packaging shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt, and precipitation during transit, and open storage. Packaging case, size, and weights shall take into consideration, where appropriate, the remoteness of the GOODS final destinations and the absence of heavy handling facilities at all points in transit. The packaging, markings, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified below, and in any subsequent instructions ordered by the PROCURING ENTITY. The outer packaging must be clearly marked on at least four (4) sides as follows:
Name of the PROCURING ENTITY Name of the Supplier Contract Description Final Destination

59

Gross weight

A packaging list identifying the contents and quantities of the package is to be placed on an accessible point of the outer packaging if practical. If not practical the packaging list is to be placed inside the outer packaging but outside the secondary packaging. Packaging Lists is attached as Annex ___. Insurance The GOODS supplied under this Contract shall be fully insured by the Supplier in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery. The GOODS remain at the risk and title of the Supplier until their final acceptance by the PROCURING ENTITYs authorized representative. Transportation Where the Supplier is required under this Contract to transport the GOODS to a specified place of destination within the Philippines, defined as the Project Site, transport to such place of destination in the Philippines, including insurance and storage, as shall be specified in this Contract, shall be arranged by the Supplier, and related costs shall be included in the Contract Price. 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. Patent Rights/Copyright 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. 10.2 The method and conditions of payment to be made to the Supplier through the Governments current disbursement procedure within sixty (60) days from submission of complete delivery documents under this Contract shall be as follows: On Delivery: Ninety percent (90%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the GOODS and upon complete submission to DepEd-IMCS for verification and validation of documents (i) through (v) specified in the SCC for GCC Clause 6.2 and other documents required in government accounting rules and regulations Original Certificate of Final Acceptance (CFA) shall be issued by the PROCURING ENTITYs authorized representative after final delivery by Supplier. 60

Defective Goods should be rectified/replaced by the Supplier prior to the issuance of the CFA by the authorized representative of the PROCURING ENTITY. On Acceptance: The remaining ten percent (10%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of suppliers warranty in the form of a Bank Guarantee issued by a universal or commercial bank three (3) months from the date of CFA in accordance with GCC 17.3 and its SCC and receipt of: (i) claim for payment, and (ii) 100% of the Original Certificates of Acceptance duly signed by the DepEd Schools Division Superintendent or designated alternate. 10.4 11.2(c) 13.3 Payment shall be made in Philippine Peso. No additional requirements. The Supplier shall cause the extension of the validity of their Performance Security to cover approved contract time extensions, pursuant to GCC Clause 18.2. Except as provided under GCC Clause 22, a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 19, unless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liquidated damages. Said extension of validity shall be for the account of the Supplier, which shall be equivalent to ten (10%) of the unperformed obligation under the contract. 13.4(c) 16.1 No further instruction. The inspections and tests shall be conducted at: 1. Suppliers or its Sub-contractors premises during printing, binding, revising, and packing; 2. Suppliers or its Sub-contractors warehouse(s) located in Purchasers country for Goods from outside the Purchasers country; 3. DepEd- Division Offices by the Division Inspectorate Team (DIT); 4. Public School Districts and/or High Schools by the School Inspection Teams (SITs). The services of FPRDI shall be engaged to test (using only International Standards/Methods of Paper Testing) paper stocks, cover stocks, and other materials used or to be used in printing, binding, and packing the Goods. All reasonable facilities, assistance, access to drawings, and production data shall be furnished to Purchasers inspectors. The 61

Supplier shall obtain all necessary permission or consent from any relevant third party to enable Purchaser or its designated representative, the DepEd-QCIT, to conduct the tests or inspections. 17.3 Upon issuance of the Certificate of Final Acceptance by the Procuring Entity of the delivered Goods. Supplier shall submit to the Purchaser a Bank Guarantee in an amount equivalent to at least ten percent (10%) of the Contract Price valid for 3 months from date of final acceptance of the Goods to cover this warranty. 17.4 The period for correction of defects in the warranty period is within fifteen (15) calendar days from receipt of notice from the Purchaser. The Purchaser shall reject any Goods, or any part/material thereof that fail to pass any test and/or inspection or do not conform to specifications. The Supplier shall either rectify or replace such rejected Goods or part/material thereof or make alterations necessary to meet the specifications at no cost to the Purchaser, and shall repeat the test at FPRDI and/or inspection at no cost to the Purchaser, upon giving a notice pursuant to GCC Sub-Clause 5. 17.5 The Supplier shall notify the Purchaser in writing within two (2) weeks from the date Supplier encountered the condition(s) which impeded timely delivery of the Goods. The liquidated damages shall be: one-tenth (1/10) of one percent (1%) of contracted amount of the delayed Goods per day of delay. The maximum deduction shall be ten percent (10%) of the amount of contract. Penalty for non-performance in the amount equal to 10% of the contracted price of the undelivered or defective Goods not replaced shall be charged. The penalty shall be deducted from the contract amount due the Supplier without prejudice to Purchasers other remedial courses of actions and remedies open to it including imposition of administrative penalties or blacklisting the Supplier which prohibits participation in the bidding of government projects/contracts. All partners to the joint venture shall be jointly and severally liable to the Procuring Entity.

19

21.1

62

Annex to Special Conditions of Contract

Goods shall be packed, labeled, and delivered to their final destination by the Supplier. Supplier shall bear costs of inland transportation, insurance, and other services required to convey the Goods to their final destinations. The quantities are listed in the Allocation List. Under each Regional Office, there are Division Offices, and under each Division Office, there are Public School Districts and High Schools. Pre-Production and Inspection Activities 1. 2. The Purchaser, through DepEd-IMCS, shall provide the Supplier with the allocation list, delivery dates, and complete names and addresses of Recipients. The Supplier shall submit to the Purchaser, through DepEd-IMCS, a detailed printing, binding, revising, and packing schedules. The Purchaser shall notify the Supplier in writing of the names of members of Purchasers authorized Quality Control Inspector Teams (QCIT). The Supplier shall submit blueprints/mock copies to DepEd-IMCS for checking and approval prior to mass printing. In case printing, binding, revising, packing, and pre-shipment inspections will not be conducted at Suppliers plant located abroad, the inspections shall be conducted by the DepEd-QCIT at Suppliers warehouse(s) located in the Philippines. The inspections shall be conducted before delivery of the Goods to their final destinations. The Supplier shall inform the Purchaser of the arrival of the Goods at Suppliers warehouse(s) located in the Philippines. The Purchaser, through the DepEd-QCIT, shall conduct random inspections of the Goods during printing, binding, revising, and packing stages. An inspection report that records observed printing, binding, revising, and packing defects that need to be corrected, and tracks if corrections previously required were undertaken by Supplier, shall be signed by both the DepEd-QCIT and Suppliers production supervisor/authorized representative. Likewise, the DepEd-QCIT shall conduct substantial pre-shipment inspection at the Suppliers and its sub-contractors premises. At any stage of the actual production (printing, binding, revising, and packing), the Purchaser shall have the option to subject the materials, covers, and signatures produced and packed using body stocks, cover stocks, and corrugated boxes for testing at FPRDI. All materials, covers, and signatures produced and packed using body stocks, cover stocks, and corrugated boxes which failed the FPRDI test based on Purchasers specifications shall be rejected. Likewise, other materials used which do not comply with required specifications shall be rejected by the Purchaser. The DepEd-QCIT members are authorized to mark or write the word rejected or X and affix their signatures on all defective pages, covers, signatures, or the whole Goods by the use of an indelible ink or pen, discovered defective during printing, binding, revising, packing, and pre-shipment inspections without any cost or liability to be charged to the account of Purchaser. Supplier shall not pack for delivery Goods found defective. A month prior to the start of delivery, DepEd-IMCS shall provide the Supplier with all copies of pre-numbered Inspection and Acceptance Reports (IARs) for use during the delivery of the Goods to their final destinations. 63

3. 4.

5.

6.

7.

8.

Suppliers Undertakings In case of a foreign supplier, the Supplier shall inform the Purchaser in writing of the date of arrival of the Goods from abroad at the Suppliers warehouse located in the Purchasers country. In case printing, binding, revising, packing, and preshipment inspections were not conducted by the Purchaser at the Suppliers premises located abroad, the Supplier shall submit the Goods to the Purchaser for inspection by the DepEd-QCIT at formers warehouses before delivery. 2. The Supplier and its subcontractors shall allow the Purchaser, through the DepEdQCIT, and copyright owner, to observe during printing, binding, and packing stages as safeguard against copyright infringement and overprint. Within a reasonable time after completion of printing services, the Supplier shall return the camera-ready copy, flats, and pdf files to the Purchaser. 3. Prior to delivery to the Recipients, the Supplier shall deliver to DepEd-IMCS complimentary copies of the Goods of each title inclusive of the copies for the Regional Offices. 4. Supplier shall strictly conform to the agreed delivery schedules set by the Purchaser through the DepEd-IMCS and shall deliver only Goods that comply with the Purchasers technical and contract specifications, inclusive of quantities intended for Central Office units or bureaus. 5. The Supplier shall coordinate the deliveries with the Division Offices (Division Supply Officer) at least two (2) weeks before the scheduled delivery so that the latter can organize the required Division Inspection Team (DIT) to inspect Goods at the time of delivery. 6. The Supplier shall deliver the Goods to the Recipients from 7:00 a.m. to 4:00 p.m. on working days only. 7. The Supplier shall deliver Goods to the appropriate Recipients only as indicated in the allocation list. Goods intended for a Recipient but delivered to another district, high school, regional, or division office shall be rejected and the Supplier penalized. The penalty shall include the imposition of administrative and/or blacklisting of the Supplier as a result of non-compliance and poor contract performance. 8. During delivery, the Supplier shall present the Goods, DRs, and duly accomplished, signed, & dated IARs to the ARPs for inspection and acceptance. The Supplier shall leave the duly signed blue copy of the IARs and DRs with the ARPs. 9. The Supplier shall notify the Purchaser immediately from the initial occurrence of conditions impeding timely delivery of the Goods. 10. The Supplier shall replace all rejected Goods, and complete underdelivery within fifteen (15) calendar days from receipt of a Notice of Rejection and Underdelivery from the Purchaser. Likewise, if stocks are available on site, the Supplier shall replace defective Goods or complete underdelivery immediately. No payment shall be made for deficient delivery or defective Goods regardless of the IARs signed by the ARPs. 11. The Supplier shall authorize the Purchaser to procure, upon such terms and in such manner the Purchaser deems appropriate, Goods similar to those undelivered or defective and to deduct the costs of such procurement from Suppliers billings under this contract. In case the Supplier has no outstanding billing/contract with the Purchaser, the Supplier shall be liable to the Purchaser for all the costs of such procured Goods. These remedies shall not prejudice Purchasers other remedial 1.

64

12.

13.

14.

15.

actions inclusive of blacklisting the Supplier from joining future biddings to be conducted by the Purchaser. Defective Goods, replaced within the 15-day period, shall be retrieved by the Supplier from the concerned public school districts, selected elementary schools, and/or high schools at no cost to the Purchaser. After completion of delivery to Recipients in the entire Division, the Supplier shall furnish the Division Supply Officer or designated representative with complete copies of the accomplished, signed, & dated DRs and pink copy of IARs duly signed & dated by the ARPs as basis for the issuance of a Certificate of Acceptance (CA) duly signed & dated by the Division Superintendent or authorized representative. After completion of delivery to Recipients, the Supplier shall submit to DepEdIMCS the original, plus one (1) copy, of the accomplished, signed, & dated DRs and IARs duly signed & dated by the ARPs for validation and as attachments to his/her claim for payment. The Supplier and its sub-contractors shall allow the Purchaser, through the DepEdQCIT and copyright owner, to be present during printing, binding, and packing stages as safeguard against copyright infringement and overprint.

Purchasers Undertakings 1. 2. 3. The Purchaser, through the DepEd-QCIT, will do production and pre-shipment (predelivery) inspections at the premises of the Suppliers and their sub-contractors. The Purchaser shall provide adequate storage space for the Goods intended for CO units or bureaus and shall plan for distribution. The Purchaser shall set a fixed delivery schedule for all Suppliers to follow in order to synchronize deliveries by multiple Suppliers and to coordinate the schedule for third party monitors (CSOs, PTAs, LGUs, etc.). The Purchaser, through the DepEd-IMCS, shall provide the Regional Offices (ROs), Division Offices (DOs), and Recipient Districts and High Schools copies of the delivery schedule and allocation list. The DepEd-IMCS shall likewise advise the DOs to facilitate dissemination of the delivery schedule and allocation list to the Recipients, mobilize the monitoring and inspection of Goods delivered, and validate deliveries and acceptance thereof made by the ARPs. DepEd-IMCS shall monitor and validate at random delivery of the Goods, and promptly report discrepancies to the Supplier, DO, and Recipients. Upon receipt of a Notice of Rejection and under delivery from the DO, the Purchaser, through the DepEd-IMCS, shall require the Supplier to complete the under delivery and replace defective deliveries within fifteen (15) days. The DepEdIMCS shall furnish the DO with a copy of the letter to the Supplier. DepEd-IMCS shall facilitate and follow-up issuance of Certificates of Acceptance (CA) by the DO confirming delivered Goods and shall use the CA to appraise contract compliance, processing, and release of payment to Supplier. DepEd-IMCS shall accept the documents submitted by the Supplier and coordinate with the DepEd-FMS-Accounting the processing of payment within thirty (30) days from receipt of complete documents. Rejected Goods shall not be paid unless replaced by the Supplier.

4.

5. 6.

7.

8.

65

Section VI. Schedule of Requirements

A. Delivery Schedule GOODS shall be delivered within the period reckoned from the date of confirmation of the Notice to Proceed (NTP). B. Project Site GOODS shall be delivered to DepEd Division Offices, School Districts, and/or High Schools C. Lot No. Consolidated Schedule of Requirements of Goods: Items Textbooks & Teacher's Manuals English 6 TX-L English 6 TX-R English 6 TM Science III TX Science IV TX Math III TX Math IV TX Kindergarten Activity Sheets (ASs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Other Instructional Materials 1. Supply Property Management Handbook (SPMH) 2. Accreditation and equivalency Modules (54 Modules/Set) Grade 1 Learning Packages 1. English a. Learners Materials (LMs) b. Teachers Guides (TGs) 2. Filipino Teachers Guides (TGs) Grade 2 Learning Packages 1. MTB-MLE Learners Materials (LMs) Ilokano Tagalog Quantities 904,130 904,130 15,101 207,997 180,603 207,997 180,603 147,398 563,756 22,771 35,944 131,150 487,116 72,488 171,737 13,137 34,052 44,362 22,572 45,000 copies 15,000 sets Total Amount
Delivered, Weeks/ Months

P101,389,132.00

60 cd: Division Offices

P50,139,942.00

60 cd: Division Offices

3,012,005 73,109 73,109 182,254 847,958

P31,799,381.00

60 cd: District Offices 60 cd: District Offices

P66,872,482.00

66

Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 2. Mathematics Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 3. Araling Panlipunan Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 4. Edukasyon sa Pagpapakatao Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon

29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

P98,995,772.00

60 cd: District Offices

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

P73,575,701.00

60 cd: District Offices

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443

P71,142,642.00

60 cd: District Offices

67

8.

9.

10 11

Maranao Tausug Grade 2 Learning Packages 5. Music and Arts Learners Materials (LMs) Ilokano (CAR) Ilokano (R-II) Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 6. Physical Education and Health Learners Materials (LMs) Ilokano Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligayon Chavacano Maguindanaon Maranao Tausug Grade 2 Learning Packages 10. English Learners Materials (LMs) Grade 2 Learning Packages 11. Filipino Learners Materials (LMs) Grade 7 Learning Materials (LMs) 1. English a. Learners Materials (LMs) b. Teachers Guides (TGs) Grade 7 Learning Materials (LMs) 2. Filipino c. Learners Materials (LMs) d. Teachers Guides (TGs) Grade 8 Learning Materials (LMs) 1. Mathematics Learners Materials (LMs) Grade 8 Learning Materials (LMs) 2. Science Learners Materials (LMs) Grade 8 Learning Materials (LMs)

82,446 41,941

36,503 145,751 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941

Php89,905,567.00

60 cd: District Offices

182,254 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 82,446 41,941 2,508,765 2,508,765

Php62,480,833.00

60 cd: District Offices

Php117,109,150.00 Php124,484,919.00

60 cd: District Offices 60 cd: District Offices 60 cd: High Schools

12

1,872,012 38,819 1,872,012 38,819 1,667,390 1,667,390

Php64,994,926.00

13

Php49,165,046.00

60 cd: High Schools 60 cd: High Schools 60 cd: High Schools 60 cd: High

14 15 16

Php92,740,232.00 Php58,642,106.00 Php114,466,324.00

68

3. English Learners Materials (LMs) 17 18 19 20 21 Grade 8 Learning Materials (LMs) 4. Filipino Learners Materials (LMs) Grade 8 Learning Materials (LMs) 5. Araling Panlipunan Learners Materials (LMs) Grade 8 Learning Materials (LMs) 6. Edukasyon sa Pagpapakatao Learners Materials (LMs) Grade 8 Learning Materials (LMs) 7. Music and Arts Learners Materials (LMs) Grade 8 Learning Materials (LMs) 8. Physical Education and Health

1,667,390 1,667,390 1,667,390 1,667,390 1,667,390 1,667,390 Total Php84,886,825.00 Php81,552,045.00 Php72,731,552.00 Php74,915,833.00 Php83,769,674.00 Php1,665,760,084.00

Schools 60 cd: High Schools 60 cd: High Schools 60 cd: High Schools 60 cd: High Schools 60 cd: High Schools

See bidding documents part II for the allocation list.

Bidders Statement of Compliance: ____________________________ Bidders signature: _____________________________ Statement of compliance. Bidders must state in their submitted technical specifications either Comply or Not Comply against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered. Statements if Comply or Not Comply must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturers un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data, etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. A statement either in the Bidders statement of compliance or the supporting evidence 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 provisions of ITB Clause 3.1(a.2) and/or GCC Clause 2.1(a.2).

69

Schedule of Printing, Binding, Packing, and Completion

Scope of the Project: Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide.
PRINTING, BINDING, PACKING, AND INSPECTION PERIOD

DELIVERY

10

Days 15

Days 20 25 30 35 40 45 50 55 60

Note: Delivery Period = 60 days Reckoning Date: Upon confirmation of Notice to Proceed (NTP) 1 30th day = Printing, binding, packing, and inspection at suppliers premises

Indicative Delivery Schedule: 31 60th = Delivery period

70

Section VII. Technical Specifications

The GOODS and Related Services shall comply with the following Technical Specifications and Standards: Name of Bidder: ___________________________________ Address: _________________________________________ (To be accomplished for each title if necessary) Title(s): __________________________________________ Bidder or Supplier shall conduct the appropriate tests and inspections to ensure compliance with the technical specifications and standards. Requirement: As a minimum, a bidder must bid for the total quantities of at least one (1) lot. The Supplier is required to submit page proofs/blueprints/mock copies to DepEd-IMCS before mass printing. Within a reasonable time after completion of printing services, the Supplier shall return the camera-ready copy, flats, and pdf files to the Purchaser. Likewise, the Supplier shall erase the plates in the presence of the Purchasers authorized inspectors. o The cover should contain the following: a. Front cover of TXs/TMs (subject to approval by DepEd-IMCS prior to mass printing) violator [(Government Property, Not for Sale/Pag-aari ng Pamahalaan, Hindi Ipinagbibili) on the Goods]; white band placed diagonally on the upper left corner year level indicator (Arabic for elementary and Roman Numeral for high school) must be placed on the upper right corner title of the book: must be set 60 pts or bigger subtitle: [Textbook or Teachers Manual (Subject/Grade/Year Level)] author(s) cover art (for TXs, four colors are recommended; for TMs, two colors are recommended) Funding Source: GOP-Textbook Budget

b. Back cover of TXs, TMs (subject to approval by DepEd-IMCS prior to mass printing) International Standard Book Number (ISBN) for TXs & TMs Background information on author(s) Acknowledgment (for cover art), if applicable For inquiries or feedback, please contact:
INSTRUCTIONAL MATERIALS COUNCIL SECRETARIAT (IMCS) Department of Education (DepEd) 2nd Floor, Dorm G Building, Philsports Complex Meralco Avenue, Pasig City Philippines 1604 Telefax Nos. (632) 634-0901 and (632) 631-4985 e-mail: imcs@deped.gov.ph and depedimcs@gmail.com DeTxt: Globe/Smart: 2622

71

c. Spine of TXs, TMs, & TSMs (subject to approval by DepEd-IMCS prior to mass printing) Grade/Year level indicator title author(s) learning material classification publishers logo (optional) d. Inside Front Cover for TXs (subject to approval by DepEd-IMCS prior to mass printing) Book Record or Talaan ng Paggamit ng Aklat Form (Elementary) Book Record or Talaan ng Paggamit ng Aklat and Take Care of Your Book or Ingatan ang Iyong Aklat Form (High School) e. Inside Front Cover for TMs (subject to approval by DepEd-IMCS prior to mass printing) Book Record or Talaan ng Paggamit ng Aklat Form (Elementary & High School) f. Inside Back Cover for TXs (subject to approval by DepEd-IMCS prior to mass printing) Take Care of Your Book or Ingatan ang Iyong Aklat Form (Elementary) Recommended background color of cover (included as one of the four (4) colors of the cover): for English (Cyan), Mathematics (Green), Science (Orange). o Minimum Supplementary Process Plastic lamination or UV (ultra-violet) coating shall be adequately applied on the outside cover of the Goods as a protective coating against rubbing and scratching. The plastic lamination or UV coating must be resistant to scuff, heat, and chemicals. The plastic lamination or UV coating must have a smooth finish. o Packing Goods shall be delivered in unused corrugated cartons packed and sealed to withstand rough handling. (Carton label is subject to approval of DepEd-IMCS prior to printing) TXs & TMs: Each carton shall contain thirty-six (36) TXs. TMs shall be packed separately. Goods shall be wrapped and sealed in sets of twelve (12) in a 3-mil thick polyethylene plain plastic bag (machine-sealed) or shrink-packed plastic using gauge 75 Polyolefin Film (POF) for adequate protection against moisture and water damage. For TXs & TMs numbering less than twenty-five (25) copies in a carton, a label (wrapped in plastic) shall be pasted on top of each carton. Likewise, these shall be wrapped and sealed in combined sets of six (6) in a 3-mil thick polyethylene plain plastic bag (machine-sealed) or shrink-packed using gauge 75 Polyolefin Film (POF). Every carton must be secured by 50.8 mm packaging tape or better and reinforced with at least 12.7 mm wide plastic strap with tin or other appropriate seal.

72

MTB-MLE, ASs, LMs, and TGs: The Goods shall be packed based on the attached allocation/packaging list per Recipient DepEd Division Offices (MTB-MLE), School District (Grades 1 & 2), or High School (Grade 8) and placed in unused corrugated cartons and sealed to withstand rough handling. Each carton label shall contain the intended allocation per division, district, or high school, wrapped and sealed in a 3-mil thick polyethylene plain plastic bag (machinesealed) or shrink-packed using gauge 75 Polyolefin Film (POF) for adequate protection against moisture and water damage. For loose copies, Goods shall be wrapped in brown kraft paper with thickness of at least 0.25 mm and basis weight of 125 gsm and shall be wrapped and sealed in a 3-mil thick polyethylene plain plastic bag (machine-sealed) or shrink-packed plastic using gauge 75 Polyolefin Film (POF). Package must be secured by 50.8 mm packaging tape or better. The carton materials shall have these specifications: 1. 2. 3. Corrugation : Burst strength: Joint : B, C, or E (double wall) flute 14.09 kgs/cm2 or 200.4 psi or 1409 kPa all with + 2% tolerance Taped with 50.8 mm wide packaging tapes with fiber or better.

For cartons with overlap joints, the overlap joints shall be fixed by high grade glue and its outside joint shall be reinforced by a 50.8 mm packaging tape or better. Tin/staple wires shall not be used to reinforce the joints. Cartons shall be reinforced with at least 12.7 mm. wide plastic strap with tin or other appropriate seal. The Supplier may introduce better carton reinforcement, e.g., shrink packing with provision for convenient handling, subject to approval of the Purchaser. Top, bottom, and flap sealing: 50.8 mm packaging tape or better. The materials to be used in the manufacture of corrugated boxes shall be kraft liner board. Each carton/kraft paper shall be properly labeled to indicate the following: Title, Number of Goods in a carton, Purchasers Name and Address, Suppliers Name, Destination, DepEd logo (with flame), International Symbol, Linear Specifications, Volume, and Gross Weight. Please refer to herein package specifications, box graphics, and labels, for reference.

73

TECHNICAL SPECIFICATIONS
Lot No.
No. of Colors Items No. of Copies No. of Pages Book Size Cover Inside Pages Paper Basis Weight Body Stock Bright-ness Opacity Smoothness Paper Cover Stock Basis Weight Caliper Lamination* (Cover) Binding Process**

TXs & TMs : English 6 TX-L English 6 TX-R English 6 TM Science & Tech. III TX Science & Tech. IV TX Mathematics III TX Mathematics IV TX Kindergarten Activity Sheets 904,130 904,130 15,101 207,997 176 212 138 408 6.5" x 10" 180,603 456 Full colors by 1 color Foldcote Cal.#12, Solid White

1 color both side print

Uncoated Offset Textpaper

Not less than 70 gsm

Not less than 80%

Not less than 90%

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Perfect binding

207,997

280

180,603

336

Ilokano Tagalog

147,398 563,756

288 184

8.25" x 10.75"

2 colors

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Perfect Binding

74

Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligaynon Chavacano Maguindanaon Maranao Tausug

22,771 35,944 131,150 487,116 72,488 171,737 13,137 34,052 44,362 22,572

272 280 200 208 224 256 232 248 224 192

Other Instructional Materials : Full colors by 1 color Foldcote Cal.#12, Solid White

Supply & Property 1 Management Handbook

45,000 cps.

148

7" x 10"

Full colors by 1 color

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Perfect Binding

2 A & E Modules

15,000 sets

pls see attached separate matrix

8.25" x11.75 "

1 color both side print

1 color

Uncoated Offset Textpaper

Not less than 70 gsm

Not less than 80%

Not less than 90%

Matte Coated # 80 lbs.

Overprin t Varnish or better

Saddle Stitched

75

Grade 1 Learning Materials :

English LMs

40

10.75" x 8.25"

Full colors by 1 color 1 color both side print Standard Newsprint (Class A) Not less than 48.8 gsm Not less than 55% Not less than 90% Not less than 35 seconds Foldcote Cal.#12, Solid White not less than 230 gsm Not less than 290 microns UV Coating or better Perfect Binding

English TGs

73,109

3,012,005

104 8.25" x 10.75" 2 colors

Filipino TGs

73,109

128

Grade 2 Learning Packages

MTB-MLE Learner's Materials (LMs)

4
Ilokano

1.

182,254

216

Tagalog Pangasinan Kapampangan Bikol

847,958 29,301 54,744 169,705

304 152 152 264 8.25" x 10.75"

Full colors by 1 color

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

76

Sinigbuanong Binisaya Waray

692,195

248

103,725

344

Hiligaynon Chavacano Maguindanaon Maranao Tausug

224,549 27,504 52,443 82,446 41,941

144 144 176 440 296

Mathematics Learner's Materials (LMs)

2.

Ilokano

182,254

384

Tagalog

847,958

224

Pangasinan

29,301

480 8.25" x 10.75"

Kapampangan Bikol Sinigbuanong Binisaya

54,744 169,705

352 616

Full colors by 1 color

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

692,195

736

77

Waray Hiligaynon Chavacano Maguindanaon

103,725 224,549 27,504 52,443

280 288 576 448

Maranao Tausug Araling Panlipunan Learner's Materials (LMs) Ilokano

82,446 41,941

392 480

3.

182,254

376 Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

Tagalog

847,958

184 8.25" x 10.75" Full colors by 1 color 1 color both side print Standard Newsprint (Class A) Not less than 48.8 gsm Not less than 55% Not less than 90% Not less than 35 seconds Foldcote Cal.#12, Solid White not less than 230 gsm Not less than 290 microns UV Coating or better

Pangasinan

29,301

352

Kapampangan

54,744

376

Bikol Sinigbuanong Binisaya Waray

169,705

392 Less than 100 pages Saddle Stitched; Pages

692,195

400 8.25" x 10.75"

103,725

320

Full colors by 1 color

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

78

Hiligaynon

224,549

264

with 100 & above Perfect Binding

Chavacano Maguindanaon Maranao

27,504 52,443 82,446

232 200 328

Tausug

41,941

280

Edukasyon sa Pagpapakatao Learner's Materials (LMs) Ilokano Tagalog Pangasinan 182,254 847,958 29,301 54,744 128 280 192 200 8.25" x 10.75" Bikol Sinigbuanong Binisaya Waray Hiligaynon 169,705 392 Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

7
Kapampangan

4.

Full colors by 1 color

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

692,195

368

103,725 224,549

232 168

79

Chavacano Maguindanaon Maranao Tausug

27,504 52,443 82,446 41,941

256 368 184 304

Music and Arts Learner's Materials (LMs) Ilokano (CAR) Ilokano (R-II) Tagalog Pangasinan Kapampangan Bikol Sinigbuanong Binisaya Waray Hiligaynon Chavacano Maguindanaon 36,503 145,751 847,958 29,301 54,744 169,705 692,195 103,725 224,549 27,504 52,443 160 256 568 136 224 192 344 240 208 280 248 8.25" x 10.75" Full colors by 1 color 1 color both side print Standard Newsprint (Class A) Not less than 48.8 gsm Not less than 55% Not less than 90% Not less than 35 seconds Foldcote Cal.#12, Solid White not less than 230 gsm Not less than 290 microns UV Coating or better Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

5.

80

Maranao Tausug

82,446 41,941

504 576

Physical Education and Health Learner's Materials (LMs)

6.

Ilokano Tagalog Pangasinan Kapampangan

182,254 847,958 29,301 54,744 169,705 692,195

88 240 256 160 336 208 8.25" x 10.75" Full colors by 1 color Foldcote Cal.#12, Solid White Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Bikol Sinigbuanong Binisaya Waray Hiligaynon Chavacano Maguindanaon Maranao Tausug

103,725 224,549 27,504 52,443 82,446 41,941

272 296 224 216 368 400 Full colors by 1 color 1 color both side print Standard Newsprint (Class A) Not less than 48.8 gsm Not less than 35 seconds Foldcote Cal.#12, Solid White not less than 230 gsm Not less than 290 microns UV Coating or better Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

8.25" x 10.75"

Not less than 55%

Not less than 90%

81

English Learner's Materials (LMs)

536

8.25" x 10.75"

Full colors by 1 color

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

2,508,765

10

7.

Filipino Learner's Materials (LMs)

2,508,76 5

576

8.25" x 10.75"

Full colors by 1 color

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Less than 100 pages Saddle Stitched; Pages with 100 & above Perfect Binding

11

8.

Grade 7 Learning Materials : Full colors by 1 color 1 color both side print Standard Newsprint (Class A) Not less than 48.8 gsm Not less than 35 seconds Foldcote Cal.#12, Solid White Foldcote Cal.#12, Solid White Foldcote Cal.#12, Solid White 1,872,012 not less than 230 gsm Not less than 290 microns UV Coating or better

English LMs

368

12

8.25" x 10.75"

Not less than 55%

Not less than 90%

Perfect Binding

English TGs

232

8.25" x 10.75"

2 colors

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

not less than 230 gsm

Not less than 290 microns

UV Coating or better

38,819

Perfect Binding

Filipino LMs

256

8.25" x 10.75"

Full colors by 1 color

1,872,012

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

not less than 230 gsm

Not less than 290 microns

UV Coating or better

Perfect Binding

13

82

Filipino TGs

152

8.25" x 10.75"

2 colors

1 color both side print

Standard Newsprint (Class A)

Not less than 48.8 gsm

Not less than 55%

Not less than 90%

Not less than 35 seconds

Foldcote Cal.#12, Solid White

not less than 230 gsm

Not less than 290 microns

UV Coating or better

38,819

Perfect Binding

Grade 8 Learner's Materials (LMs)

14

Mathematics Learner's Materials (LMs)

1,667,390

1.

608

Science Learner's Materials (LMs)

1,667,390

15

2.

360

English Learner's Materials (LMs)

1,667,390

16

3.

760 8.25" x 10.75" 552 Full colors by 1 color 1 color both side print Standard Newsprint (Class A) Not less than 48.8 gsm Not less than 55% Not less than 90% Not less than 35 seconds Foldcote Cal.#12, Solid White not less than 230 gsm Not less than 290 microns UV Coating or better Perfect Binding

Filipino Learner's Materials (LMs)

Araling Panlipunan Learner's Materials (LMs)

1,667,390

18

5.

1,667,390

17

4.

528

Edukasyon sa Pagpapakatao Learner's Materials (LMs)

1,667,390

19

6.

464

83

Music and Arts Learner's Materials (LMs)

1,667,390

20

7.

480

Physical Education and Health Learner's Materials (LMs)

1,667,390

21

8.

544

* UV (ultra-violet) coating or plastic lamination shall be adequately applied on the outside cover of the Goods as a protective coating against rubbing and scratching. The UV (ultra-violet) coating or plastic lamination must be resistant to scuff, heat, and chemicals. The UV (ultra-violet) coating or plastic lamination must have a smooth finish. ** Perfect binding - The binding adhesive to be used shall be of high grade chemical, cold flexibility glue, and insect-proof, and impervious to moisture and temperature changes. Only hot melt binding adhesive shall be used.

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PACKAGE SPECIFICATIONS
Plastic Strap with Seal

Side B

Side A

Tape with Fiber

Side B

Side A

PERSPECTIVE

Packing Tape

Packing Tape

OUTSIDE BOTTOM VIEW

OUTSIDE TOP VIEW

85

(Longer sides of the box) (To be printed in one color, red, blue, or green)

BOX GRAPHICS: SIDE A

Material/s (grade/year level)

__ copies
Department of Education
DepEd Complex, Meralco Ave., Pasig City, Philippines

ALLOTTED TO:
REGION: ____________________ DIVISION: _____________________________________ SCHOOL DISTRICT/HIGH SCHOOL:__________________________________________
NOTE : SUPPLIER MUST DELIVER ELEMENTARY & HIGH SCHOOL TXs/TMs, KINDERGARTEN ASs, AND OTHER INSTRUCTIONAL MATERIALS DIRECTLY TO THE DIVISION OFFICES; GRADE 1 & GRADE 2 LEARNING PACKAGES DIRECTLY TO THE DISTRICT OFFICES; AND GRADE 7 & GRADE 8 LEARNING MATERIALS DIRECTLY TO PUBLIC HIGH SCHOOLS. ALL DELIVERIES MUST BE OPENED BY THE SUPPLIERS REPRESENTATIVE IN THE PRESENCE OF THE DIVISION/DISTRICT/SCHOOL INSPECTION TEAM (D/D/SIT) AND THE DESIGNATED PROPERTY CUSTODIAN OR SCHOOL SUPPLY OFFICER.
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LABEL FOR LOOSE COPIES OF MATERIALS

Title of Material (grade/year level) Title of Material (grade/year level) Title of Material (grade/year level) Title of Material (grade/year level) Title of Material (grade/year level) ___ copies ___ copies ___ copies ___ copies ___ copies

Department of Education
DepEd Complex, Meralco Ave., Pasig City, Philippines

ALLOTTED TO :
REGION:_________________ DIVISION: ___________________________________ SCHOOL DISTRICT/HIGH SCHOOL:____________________________________
NOTE : SUPPLIER MUST DELIVER ELEMENTARY & HIGH SCHOOL TXs/TMs, KINDERGARTEN ASs, AND OTHER INSTRUCTIONAL MATERIALS DIRECTLY TO THE DIVISION OFFICES; GRADE 1 & GRADE 2 LEARNING PACKAGES DIRECTLY TO THE DISTRICT OFFICES; AND GRADE 7 & GRADE 8 LEARNING MATERIALS DIRECTLY TO PUBLIC HIGH SCHOOLS. ALL DELIVERIES MUST BE OPENED BY THE SUPPLIERS REPRESENTATIVE IN THE PRESENCE OF THE DIVISION/DISTRICT/SCHOOL INSPECTION TEAM (D/D/SIT) AND THE DESIGNATED PROPERTY CUSTODIAN OR SCHOOL SUPPLY OFFICER.
87

BOX GRAPHICS: SIDE B

(Shorter sides of the box) (To be printed in same color with side A)

This side up DIMENSIONS Length ______ cm.

Keep dry

VOLUME: ___________ cu.m. GROSS WEIGHT: _____________kgs.

Type of Material: (TXs/TMs/Other Learning Materials)

Suppliers Company Name and Address

Width ______ cm. Height ______ cm.

88

Bidders Statement of Compliance: ____________________________ Bidders signature : _____________________________

Statement of compliance. Bidders must state in their submitted technical specifications either Comply or Not Comply against each of the individual parameters of each Spe cification stating the corresponding performance parameter of the equipment offered. Statements if Comply or Not Comply must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence shall be in the form of manufacturers un-amended sales literature, unconditional statements of specification and compliance issued by the manufacturer, samples, independent test data, etc., as appropriate. A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection. A statement either in the Bidders statement of compliance or the supporting evidence 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 provisions of ITB Clause 3.1(a.2) and/or GCC Clause 2.1(a.2).

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Section VIII. Bidding Forms

TABLE OF CONTENTS
BID FORM .......................................................................................................................... .. 91 CONTRACT AGREEMENT FORM................................................................................................. 94 OMNIBUS SWORN STATEMENT ............................................................................................... 103 LIST
OF ALL ONGOING GOVERNMENT & PRIVATE CONTRACTS INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED ...........................................................................................106

STATEMENT OF ALL COMPLETED GOVERNMENT & PRIVATE CONTRACTS ..............................107 JOINT VENTURE AGREEMENT ................................................................................................. 108 FORM OF BID SECURITY (BANK GUARANTEE) ........................................................................ 110 CREDIT LINE CERTIFICATE ..................................................................................................... 111 FINANCIAL DOCUMENTS FOR ELIGIBILITY CHECK .................................................................. 113 FORM OF PERFORMANCE SECURITY (BANK GUARANTEE) ...................................................... 114 TAX CLEARANCE (SAMPLE) ................................................................................................... 115 ANNUAL INCOME TAX RETURN (ITR), BIR FORM NO. 1702 (SAMPLE) .................................. 116 PAYMENT CONFIRMATION FORM OF ITR PAID THRU BIR EFPS (SAMPLE) .............................117 CERTIFICATE OF PHILGEPS REGISTRATION (SAMPLE) ........................................................... 118 BID SECURING DECLARATION FORM ...................................................................................... 119 SUPPLIERS DECLARATION OF PAPER SOURCE ....................................................................... 121 LIST OF UNIVERSAL AND COMMERCIAL BANKS ..................................................................... 122

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Bid Form
Date: Invitation to Bid No:

To: [name and address of Procuring Entity] Gentlemen and/or Ladies: Having examined the Bidding Documents including Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to [supply/deliver/perform] [description of the Goods] in conformity with the said Bidding Documents for the sum of [total Bid amount in words and figures] or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Bid. We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements. If our Bid is accepted, we undertake to provide a performance security in the form, amounts, and within the times specified in the Bidding Documents. We agree to abide by this Bid for the Bid Validity Period specified in BDS provision for ITB Clause 18.2 and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 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 or any Bid you may receive. We certify/confirm that we comply with the eligibility requirements as per ITB Clause 5 of the Bidding Documents. Dated this ________________ day of ________________ 20______.

[signature]

[in the capacity of] ____________________________

Duly authorized to sign Bid for and on behalf of

91

For Goods Offered From Abroad Name of Bidder ________________. Invitation to Bid Number ________. Page __ of__.

1
Item

2
Description

3
Country of origin

4
Quantity

5
Unit price CIF port of entry (specify port) or CIP named place (specify border point or place of destination)

6
Total CIF or CIP price per item (col. 4 x 5)

7
Unit Price Delivered Duty Unpaid (DDU)

8
Unit price Delivered Duty Paid (DDP)

9
Total Price delivered DDP (col 4 x 8)

92

For Goods Offered From Within the Philippines Name of Bidder . Invitation to Bid Number . Page of .

1
Item

2
Description

3
Country of origin

4
Quantity

5
Unit price EXW per item

6
Cost of local labor, raw material, and component2

7
Total price EXW per item (cols. 4 x 5)

8
Unit prices per item final destination and unit price of other incidental services

9
Sales and other taxes payable per item if Contract is awarded

10
Total Price delivered Final Destination (col 8 + 9) x 4

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REPUBLIC OF THE PHILIPPINES DEPARTMENT OF EDUCATION DepEd Complex, Meralco Avenue Pasig City, Philippines PROJECT: Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide CONTRACT NO : IMCS -______

PURCHASER-SUPPLIER AGREEMENT
THIS CONTRACT made and entered into this _______, 201__ between the Department of Education, located at DepEd Complex, Meralco Avenue, Pasig City, Philippines, represented herein by its Department Secretary, _____________________, (hereinafter referred to as the Purchaser of the one part; and ______________________ represented herein by its __________________, with office address at ________________________ (hereinafter referred to as the Supplier) of the other part; WHEREAS, the Purchaser is desirous that certain Goods and ancillary services should be provided by the Supplier, viz: Printing (from Camera-ready Materials) of Textbooks (TXs), Teachers Manuals (TMs) and Other Learning Materials, and Delivery to DepEd Division Offices, Public School Districts, and High Schools Nationwide, and has accepted the bid by the Supplier for those Goods and ancillary services in the sum of _____________________________________ (____________.00) (hereinafter called the Contract Price), broken down as follows: Lot No. Title/s Quantity (in copies) Unit Price (Php) Contract Cost (Php)

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. Whereas, in this Agreement words and expressions shall have the same meanings as are respectively assigned to them in this Agreement; 2. Whereas, the following documents shall be deemed to form, be read and construed as part of this Agreement: (a) (b) (c) (d) (e) (f) (g) Resolution to Award approved by the Secretary of DepEd Purchasers Notification of Award (NOA) and Performance Security Signed Schedule of Requirements Signed Special Conditions of Contract (SCC), and Annex to Special Conditions of Contract Signed General Conditions of Contract (GCC) Technical Specifications, Packaging Requirements, TXs/TMs/MTBMLE/ASs/LMs/ TGs Requirements Allocation List detailing the quantities to be delivered to each DepEd-Division Office, public school district, and/or high school

94

(h) (i) (j)

Bid Submission Sheet and Price Schedule submitted by the Supplier Delivery Schedule issued by the Purchaser, Conforme signed by the Supplier Signed Suppliers and Forwarders Declaration

3. This Agreement shall prevail over all other contract documents. In the event of any discrepancy or inconsistency within the contract documents, then the documents shall prevail in the order listed above; 4. Whereas, the Supplier shall post a performance security within ten (10) calendar days from receipt of Notice of Award in the form and amount specified in the Notice of Award. The performance security shall be posted in favor of the Purchaser, and shall be forfeited in the event it is established that the Supplier is in default of any of its obligations under the contract. The performance security shall be in force and in effect until the Purchaser will issue a Certificate of Final Acceptance; 5. Whereas, the Goods supplied under this Agreement shall conform to the Techincal Specifications and standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Purchasers country of origin; 6. Whereas, in the performance of this Agreement the Supplier is required to submit page proofs/blueprints/mock copies to DepEd-IMCS for checking and approval before mass printing and within a reasonable time after completion of printing services, the Supplier shall
return the camera-ready copy, flats, and pdf files to the Purchaser;

7. In case printing, binding, revising, packing, and pre-shipment inspections will not be conducted at Suppliers plant located abroad, the inspections shall be conducted at Suppliers warehouse(s) located in the Philippines. The inspections shall be conducted by the DepEd-QCIT before delivery of the Goods to their final destinations. Supplier shall inform the Purchaser of the arrival of the Goods at Suppliers warehouse(s) located in the Philippines; 8. Purchaser through the DepEd-QCIT, shall conduct random inspection during printing, binding, revising, and packing stages of the Goods. An inspection report that records observed printing, binding, revising, and packing defects that need to be corrected, and tracks if corrections previously required were undertaken by the Supplier, shall be signed by both the DepEd-QCIT and the Suppliers production supervisor/authorized representative. Likewise, the DepEd-QCIT shall conduct substantial pre-shipment inspection at Suppliers and its sub-contractors premises; 9. Whereas, the Purchaser through the DepEd- QCIT shall have the authority to mark or write the word rejected or X and affix their signatures on all pages, covers, signatures or the whole Goods by the use of indelible ink or pen, discovered defective during printing, binding, revising, packing and pre-shipment inspections without any cost or liability to be charged to the account of the Purchaser or DepEd-QCIT. The Supplier shall not deliver defective Goods to designated delivery sites; 10. The Purchaser, at any stage of actual production (printing, binding, revising, and packing), shall have the option to subject the Goods, covers, and signatures produced and packed using body stocks, cover stocks, and corrugated boxes for testing at FPRDI. All Goods, covers, and signatures produced and packed using body stocks, cover stocks, and corrugated boxes which failed the FPRDI test based on Purchasers specifications shall be rejected. Likewise, other materials used which do not comply with required specifications shall be rejected; 11. The Supplier shall authorize the Purchaser to procure, upon such terms and in such manner the Purchaser deems appropriate, Goods similar to those undelivered or

95

defective and to deduct the costs of such procurement from Suppliers billings under this contract or in other contracts between the Supplier and the Purchaser. In case the Supplier has no outstanding billing/contract with the Purchaser, the Supplier shall be liable to the Purchaser for all the costs of such procured Goods. These remedies shall not prejudice Purchasers other remedial actions inclusive of blacklisting the Supplier from joining future biddings to be conducted by the Purchaser; 12. Whereas, it is hereby agreed that the Contract Completion Period (CCP) shall be reckoned from the date of local Suppliers receipt of the Notice to Proceed (NTP). The CCP shall be sixty (60) calendar days, inclusive of the printing and delivery period; 13. The Supplier shall deliver Goods to the appropriate Recipients only as indicated in the allocation list. Goods intended for a Recipient but delivered to another public high school, regional, or division office shall be rejected. Violation of this provision, based on documents submitted, and validated by the Authorized Receiving Personnel (ARPs) may be a possible cause for termination of contract. 14. Whereas, the Supplier hereby agrees to the following: 1. Deliver the Goods in accordance with the attached Delivery Schedule (Annex A); 2. To be charged liquidated damages (LD) equivalent to 1/10 of 1% of the Contract Price of the delayed Goods per day of delay at the delivery locations/sites. The LD shall be computed as per agreed formula subject to a maximum of 10% of the total Contract Price; 15. Whereas, in case the Supplier will encounter condition(s) impeding timely delivery of the Goods, the Supplier shall notify the Purchaser in writing of such condition(s) within two (2) weeks from date of initial occurrence of said condition(s); 16. Whereas, in consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the Goods and ancillary services and to remedy defects therein in conformity in all respect with the provisions of this Agreement; 17. Whereas, the Purchaser hereby covenants to pay the Supplier in consideration of the provision of the Goods and ancillary 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 this Agreement; 18. Whereas, documents required for the processing of payment shall be as follows: a. The Suppliers request for payment shall be made to the Purchaser in writing, accompanied by invoices showing Goods description, quantity, unit price, and total contract amount, complete original copy + four (4) copies of Delivery Receipts (DRs) duly signed and dated by the Authorized Receiving Personnel (ARPs) of the intended Recipient, Inspection and Acceptance Reports (IARs) duly accomplished and dated by the Inspection Team, and Third Party Monitors, if any, and Warranty Certificate; b. The obligation for the Warranty shall be covered by either retention money equivalent to at least 10% of the total payment or a Bank Guarantee equivalent to at least 10% of the total contract amount shall be required for a period of three (3) months after the issuance of the Purchasers Certificate of Final Acceptance (CFA). The said amounts shall only be released after the lapse of the warranty period. Provided, however, that the Goods supplied are free from patent and latent defects and all conditions imposed under the contract and contract documents have been fully met.

96

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in accordance with their respective laws on the day and year first above written.

SIGNED, SEALED AND DELIVERED BY:

______________________ PURCHASER SUPPLIER

SIGNED IN THE PRESENCE OF:

_________________________ Purchasers Witness

Supplier's Witness

Suppliers Address:

REPUBLIC OF THE PHILIPPINES) PASIG CITY, METRO MANILA )

S.S

ACKNOWLEDGMENT

BEFORE ME, a Notary Public in and for _____________________, Philippines, this ________ day of __________ , 20__ personally appeared:

97

NAME

NUMBER

GOVERNMENT ISSUED ID ISSUED ON ISSUED BY

____________________________ PURCHASER

____________________________ SUPPLIER

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is the free and voluntary act and deed of the entities which they respectively represent. The foregoing instrument is a PURCHASER-SUPPLIER AGREEMENT consisting of ______ pages (exclusive of attachments), including this page on which this acknowledgment is written and signed by the parties hereto and their instrument witness on the left hand margin of each and every page hereof. WITNESS MY HAND AND SEAL on the date place first above written.

NOTARY PUBLIC Until December 31, 201__

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

_______ _______ _______ _______

98

Suppliers and Forwarders Declaration

I, ________________________________________________ in connection with Purchasername of supplier, position, and company Supplier Agreement No. ______________ (contract for brevity), declare that I/we will conform with and commit to perform all the conditions and provisions of the contract. I pledge to strictly adhere to the Guidelines for Suppliers and Forwarders issued by the Department of Education as indicated below. 1. Inspection at the printing presses/warehouses a. Submit to DepEd-Instructional Materials Council Secretariat (IMCS) the schedules of printing, binding, revising, and packing per title upon receipt of the Notice to Proceed. Please refer to the attached Request for Inspection Form; b. Inform in writing the DepEd-IMCS of the arrival of shipment at the warehouse in the Philippines (for foreign suppliers); c. Allow the authorized members of the DepEd Quality Control Inspection Team (DQCIT) composed of representatives from DepEd-IMCS, DepEd-Inspectorate Team, and Civil Society Organization (CSO) volunteers to take samples from the actual paper reels used for printing the Goods for validation of specifications on paper against test results; d. Permit unannounced random inspection during any stage of the production process (i.e., printing, binding, collating, revising, and packing); e. Comply with the following production quality-control standards: If 10% of the title inspected is defective, the whole quantity should be inspected. If 10% of the whole is defective and irreplaceable, the whole lot is rejected. Set aside defective Goods to be replaced. Revise or rectify defective Goods only in the presence of the DQCIT at an agreed upon date and time. DQCIT may reject and write the word reject or X and affix their signatures on all defective pages, covers, signatures, or the whole Goods by using an indelible ink. f. Suppliers Production Manager, Supervisor, or authorized representative must sign the inspection forms (Forms 1, 2, and 3); and g. Submit a bi-monthly report on the progress of printing, binding, revising, and packing using Form 4. 2. Pre-delivery a. Get copies of the pre-filled Inspection and Acceptance Report (IAR) forms from DepEdIMCS at least two (2) weeks prior to the start of the delivery; b. Prepare Delivery Receipts (DRs) based on the IARs; c. Get copies of the DepEd Directory of Contact Persons with their Positions & Telephone Numbers from IMCS; d. If possible, synchronize delivery schedule with other suppliers/forwarders; e. Coordinate with the DepEd-IMCS changes in the delivery schedule due to unavoidable circumstances (e.g., natural calamities, armed-conflicts); f. Notify in writing IMCS, the Division Offices (DO), the recipient districts and high schools, and the CSO to inform them of changes in the delivery schedule at least two (2) weeks prior to delivery in case this is not in accordance with the agreed upon delivery schedule. g. Deliver to DepEd-CO at least ten (10) complimentary copies of each title inclusive of copies for the Regional Offices; and

99

h. Coordinate the deliveries with the Division Office thru the Division Supply Officer at least two (2) weeks before the actual delivery. 3. Delivery a. Deliver only on weekdays (Monday to Friday), except on holidays, between 7 a.m. to 4 p.m.; b. Deliver to the intended recipients only (i.e., elementary districts for elementary materials and direct to the high schools); Delivery of Goods to another district or high school other than the recipient will delay to a large extent the processing of payments since this will require extensive verification and validation by DepEd-IMCS c. Deliver in the correct quantity and quality as set by DepEd; d. Provide time allowance for the recipients to conduct random inspection during delivery; e. Replace defective Goods on site, if possible; f. In case delivery to a site can not be done due to armed conflict or calamities (e.g., typhoon, flood, or earthquake resulting in impassable roads) and delivery was done to the DO or a nearby District Office or high school which is not the intended recipient, get a certification from the PNP or a municipal or city official indicating the actual condition. The concerned DepEd official who received the Goods on behalf of the intended recipients must also certify to the prevailing condition; g. Check the following before giving copies of the duly accomplished IARs to the district/high school and CSO/third party representative: Delivery Receipt No. and date are correctly written The Inspection portion has the printed name and signature and the appropriate box checked The Acceptance portion has the date received, the quantities for the Goods, the printed name, and signature completely filled up The box for the third party has the printed name, signature, and date filled up (If CSO, PTA, or Barangay official is present) h. Signatures other than those of the Authorized Receiving Personnel (ARPs) will require verification and validation by DepEd-IMCS; i. Give the blue copy of the IAR to the district/high school Authorized Receiving Personnel (ARP); j. Give the yellow copy of the IAR to the CSO rep. If there is no CSO rep, the yellow copy will be submitted to IMCS, which will submit to G-Watch; k. Leave the pink copy with the district or high school ARP who should immediately forward to the Division Monitoring and Inspection Team (DMIT) or deliver the pink copy to the DO together with the buffer stock; l. Inform DepEd-CO thru DEText Hotline 2622 or tel. nos. (632) 634-1072, 631-4985, 6340901, 631-3690, 631-9294, and 634-1054 of any concerns during the actual delivery; and m. Submit to DepEd-IMCS a bi-monthly report on the status of deliveries. What to do in exceptional cases during delivery a. No Authorized Receiving Personnel (ARP) and no written authorization for other school official to receive the TXs & TMs Highest ranking school official present during delivery should accept after another official inspect the deliveries and both sign the IAR accordingly. The former should certify the ARPs absence. Coordinate with the DO and DepEd-IMCS, if above is not possible.

100

b. No third party volunteer School official must invite PTA/Barangay official to witness or observe inspection and acceptance. If there is still no third party, ARP must inspect with the help of another school official and accept. DepEd-CO will validate. c. Unloading and inspection beyond 4 p.m. Forwarders should provide time-allowance for the unloading and random inspection of deliveries. d. Wrong address in the allocation list The name of the school will prevail. Coordinate with the DO or DepEd-IMCS immediately. e. School with allocation does not exist Coordinate with the Division office in case there was a change in the name of the school. f. High risk or hard-to-reach areas Coordinate or seek assistance from the DO. Request for a certification from the DO, PNP (in case of peace and order problems), or municipal/city/barangay official indicating reasons for inability to deliver to recipient district/high school. Provide DepEd-IMCS with a list of district offices and high schools which are hard-toreach or with peace-and-order problems for reference and validation 4. Post-delivery a. Replace all rejected Goods and complete deficient deliveries within 15 calendar days from receipt of Notice of Rejection/Shortages from the DO or upon receipt of information from DepEd-IMCS; b. After completion of delivery to the entire division, furnish the DO with complete copies of the signed DRs and IARs as basis for the issuance of a Certificate of Acceptance; c. Submit the original, plus one copy (and a copy for CSO, if any) of the duly accomplished DRs and IARs per division to IMCS in the agreed sequence with a Table of Contents for each set as soon as possible; d. In case of defective or deficient deliveries and rectification is done after the delivery, do not write any marking on the DRs and IARs after copies have already been distributed to concerned officials; and e. Submit a Certificate of Rectification to the DO, copy furnish DepEd-IMCS, indicating the titles and the quantities. 5. Processing of payment a. Submit the following documents to DepEd-IMCS: Letter request for payment Original Invoice Original Delivery Receipts (DRs) Original Inspection and Acceptance Reports (IARs) Warranty in the form of a Bank Guarantee equivalent to 10% of the contract amount valid for 3 months from date of final acceptance of the Goods Original Manufacturers Inspection Certificate Original Division Certificates of Acceptance (signature must be in blue ink) Summary Sheet of Allocation List with DR Nos., Date of Receipt, and IAR Nos. (in printed and digital copies)

101

b. Submit all DRs and IARs, including those for the complimentary copies and the buffer stock; c. Ensure that the DRs and IARs are properly received by the ARPs, with quantities in accordance with the Allocation List, and with dates of receipt indicated; d. Ensure that the Invoice is correctly dated, the quantity and amount are consistent with the contract, and signed by the authorized official; e. Facilitate the issuance of a Division Certificate of Acceptance which must have the Allocation List for the entire Division (including the buffer stock) and duly signed by Schools Division Superintendent or his/her designate; and f. Submit to the DepEd-IMCS a Summary Sheet of Allocation Lists with DR and IAR Numbers and dates of receipt following the format issued by DepEd-IMCS. By signing below, I/we signify conformity to the above Guidelines for Suppliers and Forwarders. Should I/we violate or fail to honor any of the above, this could result in delays in the production and delivery of the Goods and could be used as sufficient ground to impose appropriate sanctions. Name of Authorized Signing Officer (please print): _________________________________ Designation: ___________________________________ Signature: _____________________________________ Signed in __________________________________________ on _______________, 2012 (place) (month and date)

Sworn on oath in the presence of: _____________________________ Br. ARMIN A. LUISTRO FSC Secretary

102

Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S. 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: 1. Select one, delete the other: If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at [address of Bidder] ; If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder] ; 2. Select one, delete the other: If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder] , I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity] ; If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretarys Certificate issued by the corporation or the members of the joint venture)] ; 3. [Name of Bidder] is not blacklisted or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board; 4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; 5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;

103

6. Select one, delete the rest: If a sole proprietorship: I am 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 partnership or cooperative: None of the officers and members 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; 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 8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examine all of the Bidding Documents; b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract; c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project] .

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines. _____________________________________ Bidders Representative/Authorized Signatory

[JURAT]

104

Section VIII. Bidding Forms

Bank Guarantee Form for Advance Payment

To:

[name and address of PROCURING ENTITY] [name of Contract]

Gentlemen and/or Ladies: In accordance with the payment provision included in the Special Conditions of Contract, which amends Clause 10 of the General Conditions of Contract to provide for advance payment, [name and address of Supplier] (hereinafter called the Supplier) shall deposit with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words] . We, the [bank or financial institution] , as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the PROCURING ENTITY on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words] . We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the PROCURING ENTITY and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [date] . Yours truly, Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

Section VIII. Bidding Forms

List of all Ongoing Government & Private Contracts including contracts awarded but not yet started
Business Name Business Address : ___________________________________________________

: ___________________________________________________
Bidders Role % of Accomplishment a. b. % c. Date Awarded Date Started Date of Completion a. b. c. Owners Name Address Telephone Nos. Value of Outstanding Works / Undelivered Portion

Name of Contract/ Project Cost

Nature of Work

Description

Planned

Actual

Government

Private

Submitted by

: ___________________________________________________ (Printed Name & Signature)

Designation Date

: ___________________________________________________ : ___________________________________________________

106

Section VIII. Bidding Forms

Statement of all Completed Government & Private Contracts

Business Name Business Address : ____________________________________________________ : ____________________________________________________ a. Owner's Name b. Address Name of Contract c. Telephone Nos. Nature of Work Description % c. Duration Bidder's Role a. Amount at Award b. Amount at Completion a. Date Awarded b. Contract Effectivity c. Date Completed d. Contract Performance certified by End User

Government

Private

Note: The bidder shall be able to support this statement with: Duly signed Contracts/Purchase Orders (POs)/ Agreements/Memoranda of Agreement (MOA)/Notices of Award (NOA)/Job Orders or Notices to Proceed (NTP) with the corresponding Certificates of Completion of Delivery (CCDs)/ Certificates of Final Acceptance (CFAs)/duly signed Delivery Receipts (DRs), or duly accomplished Inspection and Acceptance Reports (IARs) Submitted by : ____________________________________________________ (Printed Name and Signature) Designation Date : ____________________________________________________ : ____________________________________________________

107

Section VIII. Bidding Forms

Joint Venture Agreement

KNOW ALL MEN BY THESE PRESENTS: That this JOINT VENTURE AGREEMENT is entered into By and Between ___________, of legal age, __(civil status)__, owner/proprietor of _________________________ and a resident of ________________________. - and _______________________, of legal age, __(civil status)__, owner/proprietor of ____________________ a resident of ____________________________________. THAT both parties agree to join together their manpower, equipment, and what is needed to facilitate the Joint Venture to participate in the Eligibility, Bidding and Undertaking of the hereunder stated project to be conducted by the __(Name of the Procuring Entity)__. NAME OF PROJECT CONTRACT AMOUNT

That both parties agree to be jointly and severally liable for the entire assignment. That both parties agree that ___________________ and/or __________________ shall be the Official Representative of the Joint Venture, and is granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Joint Venture in the bidding as fully and effectively and the Joint Venture may do and if personally present with full power of substitution and revocation. THAT this Joint Venture Agreement shall remain in effect only for the above stated Projects until terminated by both parties. Done this _____ day of ______, in the year of our Lord _____.

___________________________

_____________________________

SIGNED IN THE PRESENCE OF: ___________________________ Witness _____________________________ Witness 108

REPUBLIC OF THE PHILIPPINES) PASIG CITY, METRO MANILA )

S.S.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public in and for Pasig City, Metro Manila, Philippines, this ________ day of ___________________, 20__ personally appeared: RESIDENCE CERTIFICATE NAME ________________ Number _______ Issued on ______ Issued at _______

________________

_______

______

________

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that same is the free and voluntary act and deed of the entities which they respectively represent. The foregoing instrument is a JOINT VENTURE AGREEMENT consisting of ___ pages (exclusive of attachments), including this page on which this acknowledgment is written and signed by the parties hereto and their instrument witnesses on the left hand margin of each and every page hereof. WITNESS MY HAND AND SEAL on the date and place first above written.

NOTARY PUBLIC Until December 31, 20____

Doc. No. _________ Page No. _________ Book No. _________ Series of 20_______

109

Form of Bid Security (Bank Guarantee)

WHEREAS, [insert name of Bidder] (hereinafter called the Bidder) has submitted its bid dated [insert date] for the [insert name of contract] (hereinafter called the Bid). KNOW ALL MEN by these presents that We [insert name of Bank] of [insert name of Country] having our registered office at [insert address] (hereinafter called the Bank are bound unto the DEPARTMENT OF EDUCATION Central Office, (hereinafter called the Entity), in the sum of [insert amount] for which payment well and truly to be made to the said Entity the Bank binds itself, its successors and assigns by these presents. SEALED with the Common Seal of said Bank this _____ day of _________ 20___. THE CONDITIONS of this obligation are: 1. If the Bidder: (a) (b) 2. withdraws its Bid during the period of bid validity specified in the Form of Bid; or does not accept the correction of arithmetical errors of its bid price in accordance with the Instructions to Bidder; or

If the Bidder having been notified of the acceptance of its bid by the Procuring Entity during the period of bid validity: (a) (b) fails or refuses to execute the Contract Form in accordance with the Instructions to Bidders, if required; or fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders.

We undertake to pay to the Entity up to the above amount upon receipt of its first written demand, without the Entity having to substantiate its demand, provided that in its demand the Entity will note that the amount claimed by the Entity is due to the Entity owing to the occurrence of one or both of the two (2) conditions, specifying the occurred condition or conditions. The Guarantee will remain in force up to and including the date [insert days] days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE _______________ SIGNATURE OF THE BANK ______________________ WITNESS ___________________________ _____________________________________ (Signature, Name and Address) SEAL _________________________

110

Credit Line Certificate

Date:__________________ The Secretary Department of Education Central Office DepEd Complex, Meralco Avenue Pasig City Attention: The Chairperson Bids and Awards Committee CONTRACT/PROJECT COMPANY/FIRM ADDRESS : ______________________________

:_______________________________ :_______________________________ ________________________________ BANK/FINANCING INSTITUTION:_______________________________ ADDRESS :_______________________________ ________________________________ AMOUNT :_______________________________ Note: Amount shall be machine validated This is to certify that the above Bank/Financing Institution with business address indicated above, commits to provide the <Supplier/Distributor/Manufacturer/Contractor>, if awarded the abovementioned Contract, a credit line in the amount specified above which shall be exclusively used to finance the performance of the above-mentioned contract subject to our terms, conditions and requirements. The credit line shall be available within fifteen (15) calendar days after receipt by the <Supplier/Distributor/Manufacturer/Contractor> of the Notice of Award and such line of credit shall be maintained until the project is completed by the Contractor. This Certification is being issued in favor of said <Supplier/Distributor/Manufacturer/Contractor> in connection with the bidding requirement of __(Name of the Procuring Entity)__ for the abovementioned Contract. We are aware that any false statements issued by us make us liable for perjury. Name and Signature of Authorized Financing Institution Officer Official Designation

: _______________________ : _______________________

111

Concurred By: Name & Signature of <Supplier/Distributor/Manufacturer/Contractor>s Authorized Representative : _______________________ Official Designation : _______________________ Note: The amount committed should be machine validated.

ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20___, affiant exhibited to me his/her Community Tax Certificate No. ______________ issued on _________________ at _____________________, Philippines.

Doc. No. ______ Page No. ______ Book No. _____ Series of 20____

Notary Public Until 31 December 20____ PTR No._______________ Issued at:_______________ Issued on:_______________ TIN No. ________________

112

Financial Documents for Eligibility Check

A. Summary of the Applicant Suppliers/Distributors/Manufacturers assets and liabilities on the basis of the attached income tax return and audited financial statement, stamped RECEIVED by the Bureau of Internal Revenue or BIR authorized collecting agent, for the immediately preceding year and a certified copy of Schedule of Fixed Assets particularly the list of construction equipment. Year 20__ 1. 2. 3. 4. 5. 6. Total Assets Current Assets Total Liabilities Current Liabilities Net Worth (1-3) Net Working Capital (2-4)

B. The Net Financial Contracting Capacity (NFCC) based on the above data is computed as follows: NFCC = K (current asset current liabilities) minus value of all outstanding works under ongoing contracts including awarded contracts yet to be started NFCC = P _______________________________________ K = 10 for a contract duration of one year or less, 15 for more than one year up to two years and 20 for more than two years Or Commitment from a licensed bank to extend to it a credit line if awarded the contract in the amount of at least 10% of the proposed project to bid. Name of Bank: ______________________________ Amount: ___________________ Herewith attached are certified true copies of the income tax return and audited financial statement: stamped RECEIVED by the BIR or BIR authorized collecting agent for the immediately preceding year and the cash deposit certificate or certificate of commitment from a licensed bank to extend a credit line. Submitted by: ________________________________________ Name of Supplier / Distributor / Manufacturer _________________________________________ Signature of Authorized Representative Date : _____________________________ NOTE: If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit the above requirements. 113

Form of Performance Security (Bank Guarantee)

To : The Secretary Department of Education DepEd Complex, Meralco Avenue Pasig City The Chairperson Bids and Awards Committee

Attention:

WHEREAS, [insert name and address of Supplier] (hereinafter called the Supplier) has undertaken, in pursuance of Contract No. [insert number] dated [insert date] to execute [insert name of contract and brief description] (hereinafter called the Contract); AND WHEREAS, it has been stipulated by you in the said Contract that the Supplier shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS, we have agreed to give the Supplier such a Bank Guarantee; NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Supplier, up to a total of [insert amount of guarantee] proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of [insert amount of guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Supplier before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract to be performed there under or of any of the Contract documents which may be made between you and the Supplier shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until the date of your issuance of the Notice of Final Acceptance. SIGNATURE AND SEAL OF THE GUARANTOR ___________________________ NAME OF BANK ______________________________________________________ ADDRESS ____________________________________________________________ ______________________________________________________________________ DATE ________________________________________________________________

114

Tax Clearance (Sample)

115

Annual Income Tax Return (ITR), BIR Form No. 1702 (sample)

116

Payment Confirmation Form of ITR paid thru BIR EFPS (sample)

117

Certificate of PhilGEPS Registration (sample)

118

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

BID-SECURING DECLARATION
Invitation to Bid/Request for Expression of Interest No.1: [Insert reference number] To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that: 1. I/We understand that, according to your conditions, bids must be supported by a Bid Security, which may be in the form of a Bid-Securing Declaration. 2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any 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 Declaration3, if I/we have committed any of the following actions: (i) Withdrawn my/our Bid during the period of bid validity required in the Bidding Documents; or (ii) Fail or refuse to accept the award and enter into contract or perform any and all acts necessary to the execution of the Contract, in accordance with the Bidding Documents after having been notified of your acceptance of our Bid during the Period of bid validity. 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; (c) I am/we are declared as the bidder with the Lowest Calculated and Responsive Bid/Highest Rated and Responsive Bid4, and I/we have furnished the performance security and signed the Contract.

119

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month] [year] at [place of execution] .

[Insert NAME OF BIDDERS AUTHORIZED REPRESENTATIVE] [Insert signatorys legal capacity] Affiant

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution] , Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______ and his/her Community Tax Certificate No. _______ issued on ______ at ______.

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

NAME OF NOTARY PUBLIC Serial No. of Commission ___________ Notary Public for ______ until _______ Roll of Attorneys No. _____ PTR No. __, [date issued], [place issued] IBP No. __, [date issued], [place issued]

Doc. No. ___ Page No. ___ Book No. ___ Series of ____.

120

Suppliers Declaration of Paper Sources

Date:__________________ The Chairperson Bids and Awards Committee Department of Education Central Office DepEd Complex, Meralco Avenue Pasig City Attention: I, ( supplier, position, and company______ ) in connection with my bid tender for the Project ( Name of Project )__ , hereby CERTIFY that the paper samples submitted during bid opening, which will be used for the requirements of the Project, conform to the specifications as required under Section VII. Technical Specifications, of the bidding documents. I, further, declare that if awarded the Contract, I intend to procure paper from ( Name of Paper Supplier or Manufacturer ) with business address at ( Business Address of Paper Supplier or___ Manufacturer________). The aforementioned Paper Supplier/Manufacturer shall supply the adequate quantity required to complete the requirements of this Project. However, if supply is not available we will secure from other sources, preferably from : (State here other sources) ____(Name of Paper Supplier or Manufacturer)__ _____________(Business Address)_____________ Paper procured from the latter shall, likewise, conform to the required technical specifications, subject to another testing at FPRDI.

________________________________________________ Name of Bidder

_________________________________________________ Signature Over Printed Name of Authorized Representative Date : _____________________________

121

List of Universal and Commercial Banks

From the Bangko Sentral ng Pilipinas website http://www.bsp.gov.ph/banking/directory.asp?BankName=&InstitutionTypeID=1&submit=Find As of October 22, 2009
No. 1 Institution The Royal Bank of Scotland (Phil.), Inc. Al-Amanah Islamic Bank of the Philippines Allied Banking Corporation Type of Bank Commercial Banks (KBs) Contact Person

Position

No. of Offices
18th Floor LKG Tower, 6801 Ayala Ave., Makati City 1286

Address

Facsimile Number
884-3988; 884-2000; 8843746; 884-3900

Contact Number

Webiste
billy.goquingco@ph.abnamro.com; billy.goquingco@rbs.com.ph Website: http://www.abnamro.com.ph islambnk@tri-isys.com

Email

Virgilio Martin Z. Goquingco

President

No. of Offices: 1
Universal Banks (UBs) Universal Banks (UBs) Jaime F. Panganiban

Fax: 884-3951; 884-3995

Interim OIC/CEO

Gov. Lim St., Zamboanga 816-4258 to 62; 816-4267; City 893-4350

No. of Offices: 9

Fax: 819-5249

Atty. Reynaldo A. Maclang

President

Allied Banking Center, 6754 Ayala Ave. cor. Legaspi St., Makati City

816-3311 to 99; 818-7961; 816-6891

No. of Offices: 291

4 ANZ Banking Group Ltd. Commercial Banks (KBs) Panadda M anoleehakul

Fax: 813-3927

ramaclang@alliedbank.com.ph Website: http://www.alliedbank.com.ph

Acting Country Chief Exec. Officer

Abraham T. Co

5F Metrobank Card Corp. 848-5091; 848-6018; 818Center, 6778 Ayala 8117; 818-8158 Avenue, Makati City Fax: 848-5086; 818-8112

panadda.manoleehakul@anz.com Website: http://www.anz.com

No. of Offices: 1

Asia United Bank Corporation

Commercial Banks (KBs)

President

G/F Parc Royale 636-6888; 636-6107; 638Condominium, Dona Julia 6888; 631-3333 Vargas Ave., Ortigas Fax: 636-6101; 636-6109 Center, Pasig City 1605

coat@asiaunited.com.ph Website: http://www.asiaunited.com.ph

No. of Offices: 48
6 Banco de Oro Unibank, Inc. Universal Banks (UBs) Nestor V. Tan

President

12 ADB Ave., Ortigas Center, 1554 Mandaluyong City

636-6060; 633-9842; 7026001; 702-6000; 702-6242

bancodeoro@bdo.com.ph;

No. of Offices: 674

Fax: 634-0477; (632) 6367508

Website:

nvt@bdo.com.ph

http://www.bancodeoro.com.ph

122

No. 7

Institution Bangkok Bank Public Co. Ltd.

Type of Bank Commercial Banks (KBs)

Contact Person

Position

No. of Offices
10th Floor Tower II The Enterprise Center 6766 Ayala Avenue, Makati City

Address

Facsimile Number
752-0879

Contact Number

Webiste
bblml@bbi.com.ph Website: http://www.bangkokbank.com

Email

Phisit Charoenphan

Senior Vice President & Branch Manager

Fax: 752-0877; 752-0878

No. of Offices: 1
8 Bank of America, N.A. Commercial Banks (KBs)

Henry T. Pelaez (SVP/Country 27/F Philamlife Tower, Manager) 8767 Paseo de Roxas, SVP/Country Manager Makati City 1226

815-5000; 815-5800; 8152217; 815-5600

henry.pelaez@bankofamerica.com

No. of Offices: 1

Fax: 815-5895; 815-5582

885-0111

Website:

http://www.bankofamerica.com bocmnl@bocgroup.com Website: http://www.bocgroup.com.ph

Bank of China Limited-Manila Branch Bank of Commerce

Commercial Banks (KBs)

Sun Bao Xiang

General Manager

36/F Philamlife Tower, 8767 Paseo de Roxas, Makati City

Fax: 885-0532

No. of Offices: 1
Commercial Banks (KBs) Raul B. de Mesa

10

President

Philippine First Bldg., 6764 Ayala Ave., Makati City 1253

817-4906; 817-4905; 8120000; 810-0672

No. of Offices: 118

11 Bank of the Philippine Islands Universal Banks (UBs) Aurelio R. Montinola III

Fax: 817-2426; 812-8916; 812-4395

89-100

rbdemesa@bankcom.com.ph Website: http://www.bankcom.com.ph

President

BPI Bldg., Ayala Avenue cor. Paseo de Roxas, Makati City 0720

Fax: 891-0183

armontinola@bpi.com.ph Website: http://www.bpi.com.ph

No. of Offices: 688

12 The Bank of TokyoMitsubishi UFJ, Ltd. Commercial Banks (KBs) Masakazu Mizutani

General Manager

15/F Makati Sky Plaza 886-7371 loc 110; 886-7401 masakazu_mizutani@ph.mufg.jp Building, 6788 Ayala Fax: 886-7389 Website: http://www.btm.co.jp Avenue, Makati City 1226

No. of Offices: 1
13 BDO Private Bank, Inc. Commercial Banks (KBs) Josefina N. Tan

President

27/F Tower One, Ayala Triangle, Ayala Ave.cor. Paseo de Roxas, Makati City 1226

848-6300; 848-6555

Fax: 848-6269

jnt@pb.bdo.com.ph

Website:

http://www.bancodeoro.com.ph

No. of Offices: 1
14 China Banking Corporation Universal Banks (UBs) Peter S. Dee

President

8745 Paseo de Roxas 841-1101; 885-5555; 885cor. Villar St., Makati City 5402 1226 Fax: 892-7486

psdee@chinabank.com.ph Website: http://www.chinabank.com.ph

No. of Offices: 217

123

No. 15

Institution Chinatrust (Phils.) Commercial Bank Corporation

Type of Bank Commercial Banks (KBs)

Contact Person

Position

No. of Offices
3/F Tower One & Exchange Plaza, Ayala Triangle, Ayala Ave. cor. Paseo de Roxas, Makati City 1274

Address

Facsimile Number
848-5519; 811-8501; 8118503

Contact Number

Webiste
william.go@chinatrust.com.ph Website: http://www.chinatrust.com

Email

Mark Chen

President

Fax: 759-4982; 759-4988; 848-5613

No. of Offices: 23
16 Citibank, N.A. Commercial Banks (KBs) Sanjiv Vohra

Country Officer

9F Citibank Tower, 8741 Paseo de Roxas St., Makati City 0702

894-9120; 894-7650; 8947700

No. of Offices: 6
17 Deutsche Bank AG Commercial Banks (KBs) Enrico S. Cruz

Fax: 886-7156; 894-7398; 894-7703

894-6900; 894-6888

sanjiv.vohra@citigroup.com; sanjiv.vohra@citi.com Website: http://www.citibank.com.ph enrico.cruz@db.com Website: http://www.deuba.com

Chief Country Officer

26/F Ayala Tower One, Ayala Triangle, Ayala Ave., Makati City 1274

Fax: 894-6901; 894-6890

No. of Offices: 1
18 Development Bank of the Philippines Universal Banks (UBs) Reynaldo G. David

President

DBP Bldg., Sen. Gil J. Puyat Ave.cor. Makati Ave., Makati City 1200

818-9511 to 20 loc 3801/3802; 893-8958

No. of Offices: 78
19 East West Banking Corporation Commercial Banks (KBs) Mr. Antonio Moncupa, Jr.

Fax: 867-3242

info@devbankphil.com.ph; rgdavid@devbankphil.com.ph

Website:

http://www.devbankphil.com.ph acmoncupa@eastwestbanker.com

President

20/F PBCom Tower, 6795 815-0233; 816-0609/816Ayala Ave. cor. V.A.. 0603; 830-8999 Rufino St., Salcedo Fax: 818-4155; 818-4147 Village, Makati City 1200

Website:

http://www.eastwestbanker.com

No. of Offices: 81
20 Export and Industry Commercial Banks Bank, Inc. (KBs) Juan Victor S. Tanjuatco

President

Export Bank Plaza, Export Drive cor. Chino Roces cor. Sen Gil Puyat Ave., Makati City 1200

878-9000; 887-9940; 8789100; 878-0000; 878-0818

Fax: 878-0630; 887-9970

nlpacheco@exportbank.com.ph Website: http://www.exportbank.com.ph

No. of Offices: 50
21 Internationale Nederlanden Grope Bank N.V. - Manila Branch Universal Banks (UBs) Consuelo D. Garcia

Country Manager

21 / F Tower One & Exchange Plaza, Ayala Triangle, Ayala Avenue, Makati City 1225

840-8888; 840-8881; 4798888; 479-8881; 479-8888

No. of Offices: 1

Fax: 891-9767; 815-1116; 891-9835;

manuel.salak@asia.ing.com; zondie.garcia@ing-barings.com Website: http://www.ing.com

124

No. 22

Institution JP Morgan Chase Bank, N.A.

Type of Bank Commercial Banks (KBs)

Contact Person

Position

No. of Offices
31/F Philamlife Tower, 8767 Paseo de Roxas, Makati City 1229

Address

Facsimile Number
885-7700; 878-1101

Contact Number

Webiste
Roberto.I.panlilio@jpmorgan.com Website: http://www.chase.com

Email

Roberto L. Panlilio

Senior Country Officer

Fax: 885-7924

No. of Offices: 1
23 Korea Exchange Bank Commercial Banks (KBs) Jong Bai Jeon

General Manager

33/F Citibank Tower, 8741 Paseo de Roxas St., Salcedo Village, Makati City

848-1988; 814-2178; 8481775

No. of Offices: 1
24 Land Bank of the Philippines Universal Banks (UBs) Gilda E. Pico

Fax: 848-1776 or 78; 8481376

koexbank@eastern.com.ph; jeonjb1st@yahoo.com.kr Website: http://www.keb.co.kr

President & CEO

LBP Plaza Building, 1598 M.H. del Pilar St. cor Dr. J. Quintos St., Malate, Manila 1004

522-0000 local 7388; 5512200; 405-7388; 405-7649

No. of Offices: 328

25 Maybank Philippines, Inc. Commercial Banks (KBs) Amos Ong Seet Joon

Fax: 528-8549; 528-8568; 528-8580

523-7777; 521-0096

GPICO@mail.landbank.com Website: http://www.landbank.com

President

Legaspi Towers, 300 Roxas Blvd. cor. Vito Cruz St., Malate, Manila 1004

Fax: 522-1723; 521-8514; 521-0544

aong@maybank.com.ph Website: http://www.maybank2u.com

No. of Offices: 45
26 Metropolitan Bank & Trust Company Universal Banks (UBs) Arthur V. Ty

President

Metrobank Plaza, Sen. Gil 898-8000; 812-4341 J. Puyat Ave., Makati City Fax: 817-6248; 894-5225; 1200 817-6428

arthur.ty@metrobank.com.ph Website: http://www.metrobank.com.ph

No. of Offices: 563

27 Mizuho Corporate Bank, Ltd. - Manila Branch Universal Banks (UBs) Hideo Wakimoto - GM

General Manager

26/F Citibank Tower, Valero cor. Villar Sts., Salcedo Village, Makati City

848-0001 to 10; (632)8603558; 860-3500

Fax: 815-3770; 817-8455

No. of Offices: 1
28 Philippine Bank of Communications Commercial Banks (KBs)

nanette.bugnosen@mizuho-cb.com; yoji.sakaguchi@mizuho.cb.com; hideo.wakimoto@mizuho-cb.com Website: http://www.mizuho-fg.co.jp info@pbcom.com.ph; ravanzanza@pbcom.com.ph Website: http://www.pbcom.com.ph

Roman Anthony V. Azanza, Jr. 5/F PBCom Tower, 6795 830-7000; 893-3448; 830President Ayala Avenue,Makati City 7288 1200 Fax: 818-2593; 818-2628

No. of Offices: 67

125

No. 29

Institution Philippine National Bank

Type of Bank Universal Banks (UBs)

Contact Person

Position

No. of Offices
PNB Financial Center, Pres. Diosdado Macapagal Blvd., Pasay City 1305

Address

Facsimile Number
551-2950; 891-6258; 5734000

Contact Number

Webiste
pnbpres@pnb.com.ph; Website: http://www.pnb.com.ph

Email

Omar Byron T. Mier

President

No. of Offices: 337

30 Philippine Veterans Bank Commercial Banks (KBs) Ricardo A. Balbido, Jr.

Fax: 551-2962; 891-6266; 892-6266

President

PVB Bldg. 101V.A. Rufino cor. Dela Rosa Sts., Legaspi Village, Makati City 1229

No. of Offices: 45

894-3919; 751-5000; 751rabalbido@veteransbank.com.ph; 8081 to 83; 751-8520; 751- Website: 5906; 751-0194; 751-8520; http://www.veteransbank.com.ph 857-3800, 893-3557; 9021700; 902-1708/1709

Fax: 840-3673; 840-3659; 813-0194; 893-5777; 8403686

524-9061

31

Philippine Trust Company

Universal Banks (UBs)

Antonio H. Ozaeta, Jr.

President

Philtrust Bank Bldg., 1000 U.N. Ave. cor. San Marcelino St., Paco, Manila 1004

Fax: 521-7309; 526-5114

ptc@bancnet.com

No. of Offices: 45
32 Rizal Commercial Banking Corporation Security Bank Corporation Universal Banks (UBs) Lorenzo V. Tan

President

Yuchengco Tower, RCBC Plaza, 6819 Ayala Avenue Makati City 0727

894-9000; 894-9995

Fax: 891-0748

Ivtan@rcbc.com Website: http://www.rcbc.com

No. of Offices: 216

Universal Banks (UBs) Alberto S. Villarosa

33

President

Security Bank Centre, 6776 Ayala Ave., Makati City 0719

818-7677; 867-6733; 8186788; 867-6788; 885-7065

avillarosa@securitybank.com.ph

No. of Offices: 119

34 Standard Chartered Bank Universal Banks (UBs) Eugene E. Ellis

Fax: 816-4213; 891-1049

886-7888; 878-2855

Website:

http://www.securitybank.com.ph laarni.arellano@ph.standardchartered.com; Alicia.Carballo@ph.standardchartered.com; eugene-e.ellis@standardchartered.com.ph

President

The Sky Plaza, 6788 Ayala Ave., Makati City 1226

Fax: 886-7156; 886-7146

No. of Offices: 6
35 Hongkong and Shanghai Banking Corporation Universal Banks (UBs)

Website:

http://www.standardchartered.com.ph markwatkinson@hsbc.com.ph Website: http://www.hsbc.com.ph

Mark Redmayne P. Watkinson The Enterprise Center 830-5300 (TL) 830-5211 President & CEO Tower I, 6766 Ayala Ave. (DL) cor. Paseo de Roxas, Fax: 886-5343; 886-5753 Makati City 1226

No. of Offices: 8

126

No. 36

Institution Mega International Commercial Bank Co., Ltd.

Type of Bank Commercial Banks (KBs)

Contact Person

Position

No. of Offices

Address

Facsimile Number

Contact Number

Webiste

Email

Jack Guey-Zen Huang - GM & 3/F Pacific Star Bldg., Country Mgr Sen. Gil J. Puyat Ave. GM & Country Manager cor. Makati Ave., Makati City 1200

811-5807 to 14 loc 10; 818- gueyzen@megabank.com.tw 5807 to 13 Website: http://www.icbc.com

Fax: 811-5774; 811-5815

No. of Offices: 1

37

Union Bank of the Philippines

Universal Banks (UBs)

Victor B. Valdepeas

President

Unionbank Plaza Building, Meralco Ave., cor. Onyx & Sapphire Roads, Pasig City 1605

892-0011; 893-8613; 8135715

Fax: 893-8590

vbvaldepeas@unionbankph.com Website: http://www.unionbank.ph.com

No. of Offices: 168

38 United Coconut Planters Bank Universal Banks (UBs) Ramon Y. Sy

President

UCPB Bldg., 7907 Makati Ave., Makati City

811-9000; 841-0740

No. of Offices: 179

Fax: 811-9823; 811-9062

rysy@ucpb.com Website: http://www.ucpb.com

127

Section VIII. Bidding Forms

SEALING AND MARKING OF BIDS

(Two-Envelope System)

TECHNICAL COMPONENT
(Eligibility and Technical Documents)

FINANCIAL COMPONENT

COPY 2
Table of Contents

COPY 2

COPY 1

COPY 1

ORIGINAL

ORIGINAL

128

Section VIII. Bidding Forms

ORIGINAL / COPY NO. ________ [BIDDERS COMPANY NAME] [COMPANYS OFFICE ADDRESS] PUBLIC BIDDING: [PROJECT TITLE] BIDDING FOR __[no.]__:__[item description]__(if applicable)

THE CHAIRPERSON BIDS AND AWARDS COMMITTEE I DEPARTMENT OF EDUCATION CENTRAL OFFICE [VENUE OF BID OPENING]

DO

NOT

OPEN

BEFORE

[TIME

AND

DATE

OF

BID

OPENING]

129

130