PHILIPPINE BIDDING DOCUMENTS

Procurement of Brand New 23-units Inverter
Type Air Conditioning Units

Project Identification Number: DOT-BAC IB 2020-011

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Table of Contents
Glossary of Acronyms, Terms, and Abbreviations ………………………….3
Section I. Invitation to Bid……………………………………………………..6
Section II. Instructions to Bidders…………………………………………...10
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

Scope of Bid ………………………………………………………………………. 11
Funding Information………………………………………………………………. 11
Bidding Requirements ……………………………………………………………. 11
Corrupt, Fraudulent, Collusive, and Coercive Practices
11
Eligible Bidders…………………………………………………………………… 11
Origin of Goods ………………………………………………………………….. 12
Subcontracts ……………………………………………………………………… 12
Pre-Bid Conference ………………………………………………………………. 12
Clarification and Amendment of Bidding Documents …………………………… 12
Documents comprising the Bid: Eligibility and Technical Components ………….12
Documents comprising the Bid: Financial Component …………………………... 13
Bid Prices …………………………………………………………………………. 13
Bid and Payment Currencies ………………………………………………………14
Bid Security ………………………………………………………………………. 14
Sealing and Marking of Bids ………………………………………………………14
Deadline for Submission of Bids …………………………………………………. 14
Opening and Preliminary Examination of Bids ………………………………….. 14
Domestic Preference ……………………………………………………………… 15
Detailed Evaluation and Comparison of Bids ……………………………………. 15
Post-Qualification ………………………………………………………………… 15
Signing of the Contract …………………………………………………………… 16

Section III. Bid Data Sheet …………………………………………………..17
Section IV. General Conditions of Contract ……………………...………..19
1.
2.
3.
4.
5.
6.

Scope of Contract ………………………………………………………………… 20
Advance Payment and Terms of Payment ……………………………………….. 20
Performance Security ……………………………………………………………. 20
Inspection and Tests ……………………………………………………………… 20
Warranty …………………………………………………………………………. 21
Liability of the Supplier ………………………………………………………….. 21

Section V. Special Conditions of Contract ………………………………….22
Section VI. Schedule of Requirements ……………………………………....26
Section VII. Technical Specifications …………………………………………29
Section VIII. Checklist of Technical and Financial Documents …………..33
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Glossary of Acronyms, Terms, andAbbreviations
ABC – Approved Budget for the Contract.
BAC – Bids and Awards Committee.
Bid – A signed offer or proposal to undertake a contract submitted by a bidder in response to
and in consonance with the requirements of the bidding documents. Also referred to as
Proposal and Tender. (2016 revised IRR, Section 5[c])Bidder – Refers to a contractor, manufacturer, supplier, distributor and/or consultant who
submits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR,
Section 5[d])Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016revised IRR, Section 5[e])BIR – Bureau of Internal Revenue.
BSP – Bangko Sentral ng Pilipinas.
Consulting Services – Refer to services for Infrastructure Projects and other types of projects
or activities of the GOP requiring adequate external technical and professional expertise thatare beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)construction supervision; (v) management and related services; and (vi) other technical services
or special studies. (2016 revised IRR, Section 5[i])CDA - Cooperative Development Authority.
Contract – Refers to the agreement entered into between the Procuring Entity and the Supplieror Manufacturer or Distributor or Service Provider for procurement of Goods and Services;
Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for
Procurement of Consulting Services; as the case may be, as recorded in the Contract Formsigned by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.
CIF – Cost Insurance and Freight.
CIP – Carriage and Insurance Paid.
CPI – Consumer Price Index.
DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”
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DTI – Department of Trade and Industry.
EXW – Ex works.
FCA – “Free Carrier” shipping point.
FOB – “Free on Board” shipping point.
Foreign-funded Procurement or Foreign-Assisted Project– Refers to procurement whose
funding source is from a foreign government, foreign or international financing institution as
specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section5[b]).
Framework Agreement – Refers to a written agreement between a procuring entity and a
supplier or service provider that identifies the terms and conditions, under which specificpurchases, otherwise known as “Call-Offs,” are made for the duration of the agreement. It is in
the nature of an option contract between the procuring entity and the bidder(s) granting the
procuring entity the option to either place an order for any of the goods or services identified
in the Framework Agreement List or not buy at all, within a minimum period of one (1) year
to a maximum period of three (3) years. (GPPB Resolution No. 27-2019)
GFI – Government Financial Institution.
GOCC – Government-owned and/or –controlled corporation.
Goods – Refer to all items, supplies, materials and general support services, except Consulting
Services and Infrastructure Projects, which may be needed in the transaction of publicbusinesses or in the pursuit of any government undertaking, project or activity, whether in thenature of equipment, furniture, stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services such as the repair and maintenance ofequipment and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by the Procuring
Entity for such services. The term “related” or “analogous services” shall include, but is not
limited to, lease or purchase of office space, media advertisements, health maintenanceservices, and other services essential to the operation of the Procuring Entity. (2016 revised
IRR, Section 5[r])GOP – Government of the Philippines.
GPPB – Government Procurement Policy Board.
INCOTERMS – International Commercial Terms.
Infrastructure Projects – Include the construction, improvement, rehabilitation, demolition,
repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology projects,
irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste
management systems, shore protection, energy/power and electrification facilities, national

4buildings, school buildings, hospital buildings, and other related construction projects of thegovernment. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])LGUs – Local Government Units.
NFCC – Net Financial Contracting Capacity.
NGA – National Government Agency.
PhilGEPS - Philippine Government Electronic Procurement System.
Procurement Project – refers to a specific or identified procurement covering goods,
infrastructure project or consulting services. A Procurement Project shall be described,
detailed, and scheduled in the Project Procurement Management Plan prepared by the agency
which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB Circular
No. 06-2019 dated 17 July 2019)
PSA – Philippine Statistics Authority.
SEC – Securities and Exchange Commission.
SLCC – Single Largest Completed Contract.
Supplier – refers to a citizen, or any corporate body or commercial company duly organized
and registered under the laws where it is established, habitually established in business andengaged in the manufacture or sale of the merchandise or performance of the general services
covered by his bid. (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019). Supplier
as used in these Bidding Documents may likewise refer to a distributor, manufacturer,
contractor, or consultant.
UN – United Nations.

5Section I. Invitation to Bid

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INVITATION TO BID FOR THE Procurement of Brand New 23units Inverter Type Air Conditioning Units
1.

The Department of Tourism (DOT), through the General Appropriation Act 2020
intends to apply the sum of One Million Six Hundred Sixty-Five Thousand Five
Hundred Philippine Pesos (PhP1,665,500.00) being the ABC to payments under thecontract for “Procurement of Brand New 23-units Inverter Type Air Conditioning
Units” (Project Identification No. DOT-BAC IB 2020-011). Bids received in excessof the ABC shall be automatically rejected at bid opening.

2.

The DOT now invites bids for the above Procurement Project. Delivery of the Goods
is required by 30 calendar days upon receipt of the Notice to Proceed. Bidders shouldhave completed, within five (5) years from the date of submission and receipt of bids,
a contract similar to the Project. The description of an eligible bidder is contained in
the Bidding Documents, particularly, in Section II (Instructions to Bidders).

3.

Bidding will be conducted through open competitive bidding procedures using a nondiscretionary “pass/fail” criterion as specified in the 2016 revised Implementing Rules
and Regulations (IRR) of Republic Act (RA) No. 9184.
Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, ororganizations 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 No. 5183.

4.

Prospective Bidders may obtain further information from DOT-BAC Secretariat
through the contact details given below during 8:00 a.m. to 5:00 p.m. Monday to
Friday Excluding holidays and inspect the Bidding Documents as posted on thewebsites of the DOT and the Philippine Government Electronic Procurement System(PhilGEPS).

5.

A complete set of Bidding Documents may be acquired by interested Bidders from
November 24 to December 11, 2020 (8:00 a.m to 5:00 p.m.) and December 14, 2020
(until 9:00 a.m.) from the given address and website(s) below and upon payment of
the applicable fee for the Bidding Documents, pursuant to the latest Guidelines
issued by the GPPB, in the amount of Five Thousand Philippine Pesos(PhP5,000.00) OR deposited to:
Account Name
Account Number
Beneficiary’s Bank
Bank Branch
Address

Department of Tourism-Regular Trust
00-0-05002-407-4
Development Bank of the Philippines (DBP)
F. Zobel Branch
809 J.P Rizal corner F. Zobel St., Makati City, Philippines
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(Note: Pls. send copy of the Transaction report or any proof of payment at the email
address moalmazan@tourism.gov.ph
It may also be downloaded free of charge from the website of the Philippine
Government Electronic Procurement System (PhilGEPS) and the website of DOT,
provided that bidders shall pay the non-refundable fee for the Bidding Documents notlater than the submission of their bids.
6.

The DOT will hold a virtual Pre-Bid Conference on December 01, 2020 at 10:30 a.m.
using the MS Teams platform. The prospective bidders are advised to send their email
address to the DOT-BAC Secretariat official email at dot.bac@tourism.gov.ph/jpvillamin@tourism.gov.ph not later than 5:00 p.m on November 30, 2020.

7.

Bids must be duly received by the BAC Secretariat through manual submission on or
before December 14, 2020 at 9:00 a.m. only at the office address indicated below. Latebids shall not be accepted.

8.

All Bids must be accompanied by a bid security in any of the acceptable forms and in
the amount stated in ITB Clause 14.

9.

Bid opening shall be on December 14, 2020 at 11:00 a,m at the given address below
The Opening of Bids will be conducted through video conference using the MS
Teams platform on December 14, 2020 at 11:00 a.m.
Prospective bidders who are interested in joining the opening of bids must send thefollowing details to the BAC Secretariat via e-mail at dot.bac@tourism.gov.ph notlater than 5:00 p.m. of December 13, 2020.





10.

Name of Representative(s) - Maximum of two (2)Company Name:
Email Address:
Contact No.

All documents shall be current and updated and any missing document in the checklist
is a ground for outright rejection of the bid. Bidder shall submit one (1) original andfive (5) photocopies of the first and second components of its bid in sealed envelope.
To facilitate the evaluation of the bids, bidders are advised to follow the arrangementin the checklist when placed in an Envelope, with documents bounded, tabbed andlabeled accordingly.

11.

The DOT reserves the right to reject any and all bids, declare a failure of bidding, or notaward the contract at any time prior to contract award in accordance with Sections 35.6
and 41 of 2016 revised IRR of RA No. 9184, without thereby incurring any liability to
the affected bidder or bidders.

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12.

For further information, please refer to:

Mr. GODOFREDO R. MALDONADO, JR.
Head, DOT-BAC Secretariat
Procurement Management Division
4th Floor, DOT Bldg.
351 Sen. Gil Puyat Ave., Makati City
Telephone Nos. 8459-5200 to 30 Loc. 425
Email Address: grmaldonado@tourism.gov.ph
Facsimile No.: 8459-5200 to 30 Loc. 425
Website Address: www.tourism.gov.ph
12. You may visit the following websites:
For downloading of Bidding Documents: www.tourism.gov.ph /www.philgeps.gov.ph

ASEC. ROBERTO P. ALABADO III
DOT-BAC Chairperson
November 24, 20209Section II. Instructions to Bidders

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1.

Scope of Bid

I.

The Procuring Entity, Department of Tourism, wishes to receive Bids for theProcurement of Brand New 23-units Inverter Type Air Conditioning Units
with Project Identification Number DOT-BAC IB 2020-011.
The Procurement Project (referred to herein as “Project”) is composed of two (2) lots,
the details of which are described in Section VII (Technical Specifications).

2.

3.

Funding Information
2.1.

The GOP through the source of funding as indicated below for General
Appropriation Act 2020 in the amount of One Million Six Hundred Sixty-FiveThousand Five Hundred Philippine Pesos (PhP1,665,500.00).

2.2.

The source of funding is the General Appropriations Act.

Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184 andits 2016 revised IRR, including its Generic Procurement Manuals and associatedpolicies, rules and regulations as the primary source thereof, while the herein clauses
shall serve as the secondary source thereof.
Any amendments made to the IRR and other GPPB issuances shall be applicable only
to the ongoing posting, advertisement, or IB by the BAC through the issuance of a
supplemental or bid bulletin.
The Bidder, by the act of submitting its Bid, shall be deemed to have verified andaccepted the general requirements of this Project, including other factors that may affectthe cost, duration and execution or implementation of the contract, project, or work andexamine all instructions, forms, terms, and project requirements in the Bidding
Documents.

4.

Corrupt, Fraudulent, Collusive, and Coercive Practices
The Procuring Entity, as well as the Bidders and Suppliers, shall observe the highest
standard of ethics during the procurement and execution of the contract. They or
through an agent shall not engage in corrupt, fraudulent, collusive, coercive, andobstructive practices defined under Annex “I” of the 2016 revised IRR of RA No. 9184
or other integrity violations in competing for the Project.

5.

Eligible Bidders
5.1.

Only Bids of Bidders found to be legally, technically, and financially capable
will be evaluated.

5.2.

Foreign ownership limited to those allowed under the rules may participate inthis Project.
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6.

5.3.

Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No.9184, the Bidder
shall have an SLCC that is at least one (1) contract similar to the Project thevalue of which, adjusted to current prices using the PSA’s CPI, must be at least
equivalent to at least fifty percent (50%) of the ABC.

5.4.

The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the2016 IRR of RA No. 9184.

Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a decisionof the UN Security Council taken under Chapter VII of the Charter of the UN, subject
to Domestic Preference requirements under ITB Clause 18.

7.

Subcontracts
7.1.

The Bidder may subcontract portions of the Project to the extent allowed by theProcuring Entity as stated herein, but in no case more than twenty percent (20%)
of the Project.
The Procuring Entity has prescribed that subcontracting is not allowed.

8.

Pre-Bid Conference
The Procuring Entity will hold a virtual pre-bid conference for this Project on December
01, 2020 at 10:30 a.m. using the MS Teams platform as indicated in paragraph 6 of theIB.

9.

Clarification and Amendment of Bidding Documents
Prospective bidders may request for clarification on and/or interpretation of any part ofthe Bidding Documents. Such requests must be in writing and received by theProcuring Entity, either at its given address or through electronic mail indicated in theIB, at least ten (10) calendar days before the deadline set for the submission and receiptof Bids.

10. Documents comprising the Bid: Eligibility and Technical Components
10.1. The first envelope shall contain the eligibility and technical documents of the
Bid as specified in Section VIII (Checklist of Technical and Financial
Documents).
10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been completed
within five (5) years prior to the deadline for the submission and receipt of bids.
10.3. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it mustbe accompanied by a translation in English, which shall be authenticated by theappropriate Philippine foreign service establishment, post, or the equivalent
office having jurisdiction over the foreign bidder’s affairs in the Philippines.
12Similar to the required authentication above, for Contracting Parties to the
Apostille Convention, only the translated documents shall be authenticatedthrough an apostille pursuant to GPPB Resolution No. 13-2019 dated 23 May
2019. The English translation shall govern, for purposes of interpretation of thebid.

11. Documents comprising the Bid: Financial Component
11.1.

The second bid envelope shall contain the financial documents for the Bid as
specified in Section VIII (Checklist of Technical and Financial Documents).

11.2.

If the Bidder claims preference as a Domestic Bidder or Domestic Entity, acertification issued by DTI shall be provided by the Bidder in accordance with
Section 43.1.3 of the 2016 revised IRR of RA No. 9184.

11.3.

Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.

11.4.

For Foreign-funded Procurement, a ceiling may be applied to bid prices
provided the conditions are met under Section 31.2 of the 2016 revised IRR of
RA No. 9184.

12. Bid Prices
12.1.

Prices indicated on the Price Schedule shall be entered separately in thefollowing manner:a.

b.

For Goods offered from within the Procuring Entity’s country:i.

The price of the Goods quoted EXW (ex-works, ex-factory, exwarehouse, ex-showroom, or off-the-shelf, as applicable);ii.

The cost of all customs duties and sales and other taxes alreadypaid or payable;iii.

The cost of transportation, insurance, and other costs incidental todelivery of the Goods to their final destination; andiv.

The price of other (incidental) services, if any, listed in e.

For Goods offered from abroad:i.

Unless otherwise stated in the BDS, the price of the Goods shallbe quoted delivered duty paid (DDP) with the place of destinationin 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.

ii.

The price of other (incidental) services, if any, as listed in Section
VII (Technical Specifications).
1313. Bid and Payment Currencies
13.1. For Goods that the Bidder will supply from outside the Philippines, the bid
prices may be quoted in the local currency or tradeable currency accepted by the
BSP at the discretion of the Bidder. However, for purposes of bid evaluation,
Bids denominated in foreign currencies, shall be converted to Philippine
currency based on the exchange rate as published in the BSP reference ratebulletin on the day of the bid opening.
13.2. Payment of the contract price shall be made in Philippine Pesos.

14. Bid Security
14.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid Security
in the amount indicated in the BDS, which shall be not less than the percentageof the ABC in accordance with the schedule in the BDS.
14.2. The Bid and bid security shall be valid until April 13, 2021. Any Bid notaccompanied by an acceptable bid security shall be rejected by the Procuring
Entity as non-responsive.

15. Sealing and Marking of Bids
Each Bidder shall submit one copy of the first and second components of its Bid.
The Procuring Entity may request additional hard copies and/or electronic copies of the
Bid as indicated in paragraph 10 of the IB. However, failure of the Bidders to comply
with the said request shall not be a ground for disqualification.
If the Procuring Entity allows the submission of bids through online submission or any
other electronic means, the Bidder shall submit an electronic copy of its Bid, whichmust be digitally signed. An electronic copy that cannot be opened or is corrupted shallbe considered non-responsive and, thus, automatically disqualified.

16. Deadline for Submission of Bids
The Bidders shall submit on the specified date and time and either at its physical addressor through online submission as indicated in paragraph 7 of the IB.

17. Opening and Preliminary Examination of Bids
17.1.

The BAC shall open the Bids in public at the time, on the date, and at the place
specified in paragraph 9 of the IB. The Bidders’ representatives who are present
shall sign a register evidencing their attendance. In case videoconferencing,
webcasting or other similar technologies will be used, attendance of participants
shall likewise be recorded by the BAC Secretariat.

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In case the Bids cannot be opened as scheduled due to justifiable reasons, therescheduling requirements under Section 29 of the 2016 revised IRR of RA No.
9184 shall prevail.
17.2. The preliminary examination of bids shall be governed by Section 30 of the2016 revised IRR of RA No. 9184.

18. Domestic Preference
The Procuring Entity will grant a margin of preference for the purpose of comparisonof Bids in accordance with Section 43.1.2 of the 2016 revised IRR of RA No. 9184.

19. Detailed Evaluation and Comparison of Bids
19.1. The Procuring BAC shall immediately conduct a detailed evaluation of all Bids
rated “passed,” using non-discretionary pass/fail criteria. The BAC shallconsider the conditions in the evaluation of Bids under Section 32.2 of the 2016
revised IRR of RA No. 9184.
19.2. If the Project allows partial bids, bidders may submit a proposal on any of thelots or items, and evaluation will be undertaken on a per lot or item basis, as thecase maybe. In this case, the Bid Security as required by ITB Clause 15 shall be
submitted for each lot or item separately.
19.3. The descriptions of the lots or items shall be indicated in Section VII (Technical
Specifications), although the ABCs of these lots or items are indicated in the
BDS for purposes of the NFCC computation pursuant to Section 23.4.2.6 of the2016 revised IRR of RA No. 9184. The NFCC must be sufficient for the totalof the ABCs for all the lots or items participated in by the prospective Bidder.
19.4. The Project shall be awarded as one project having several items that shall beawarded as one contract.
19.5. Except for bidders submitting a committed Line of Credit from a Universal orCommercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of RA
No. 9184, which must be sufficient for the total of the ABCs for all the lots oritems participated in by the prospective Bidder. For bidders submitting thecommitted Line of Credit, it must be at least equal to ten percent (10%) of theABCs for all the lots or items participated in by the prospective Bidder.

20. Post-Qualification
Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated Bid,
the Bidder shall submit its latest income and business tax returns filed and paid
through the BIR Electronic Filing and Payment System (eFPS) and otherappropriate licenses and permits required by law and stated in the BDS.

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21. Signing of the Contract
The documents required in Section 37.2 of the 2016 revised IRR of RA No. 9184 shallform part of the Contract. Additional Contract documents are indicated in the BDS.

16

Section III. Bid Data Sheet

17Bid Data Sheet
ITB
Clause5.3

For this purpose, contracts similar to the Project shall be:a. Refer to supply, delivery, and installation of the ACUs
b. completed within five (5) years prior to the deadline for the submission andreceipt of bids.

7.1

Subcontracting is not allowed.

12

Not applicable

14.1

The bid security shall be in the form of a Bid Securing Declaration, or any of thefollowing forms and amounts:
a. The amount of not less than PhP33,310.00, if bid security is in cash,
cashier’s/manager’s check, bank draft/guarantee or irrevocable letter ofcredit; orb. The amount of not less than PhP83,275.00 if bid security is in Surety
Bond.

19.3

No further instructions

20

No further instructions

21

No further instructions

18

Section IV. General Conditions of Contract

19

1.

Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that canbe reasonably inferred as being required for its completion as if such items wereexpressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitutethe primary source for the terms and conditions of the Contract, and thus, applicable incontract implementation. Herein clauses shall serve as the secondary source for theterms and conditions of the Contract.
This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA No.
9184 allowing the GPPB to amend the IRR, which shall be applied to all procurement
activities, the advertisement, posting, or invitation of which were issued after theeffectivity of the said amendment.
Additional requirements for the completion of this Contract shall be provided in theSpecial Conditions of Contract (SCC).

2.

3.

Advance Payment and Terms of Payment
2.1.

Advance payment of the contract amount is provided under Annex “D” of therevised 2016 IRR of RA No. 9184.

2.2.

The Procuring Entity is allowed to determine the terms of payment on the partial
or staggered delivery of the Goods procured, provided such partial payment
shall correspond to the value of the goods delivered and accepted in accordancewith prevailing accounting and auditing rules and regulations. The terms of
payment are indicated in the SCC.

Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder fromthe Procuring Entity but in no case later than prior to the signing of the Contract by bothparties, the successful Bidder shall furnish the performance security in any of the forms
prescribed in Section 39 of the 2016 revised IRR of RA No. 9184.

4.

Inspection and Tests
The Procuring Entity or its representative shall have the right to inspect and/or to test
the Goods to confirm their conformity to the Project specifications at no extra cost to
the Procuring Entity in accordance with the Generic Procurement Manual. In addition
to tests in the SCC, Section IV (Technical Specifications) shall specify whatinspections 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.
All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the Supplier tothe authorized inspectors at no charge to the Procuring Entity.
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5.

6.

Warranty
6.1.

In order to assure that manufacturing defects shall be corrected by the Supplier,a warranty shall be required from the Supplier as provided under Section 62.1of the 2016 revised IRR of RA No. 9184.

6.2.

The Procuring Entity shall promptly notify the Supplier in writing of any claims
arising under this warranty. Upon receipt of such notice, the Supplier shall,
repair or replace the defective Goods or parts thereof without cost to theProcuring Entity, pursuant to the Generic Procurement Manual.

Liability of the Supplier
The Supplier’s liability under this Contract shall be as provided by the laws of the
Republic of the Philippines.
If the Supplier is a joint venture, all partners to the joint venture shall be jointly andseverally liable to the Procuring Entity.

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Section V. Special Conditions of Contract

22

Special Conditions of Contract
GCC
Clause1

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 havethe 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:
Delivery of the Goods shall be made by the Supplier in accordance with theterms specified in Section VI (Schedule of Requirements).
For purposes of this Clause the Procuring Entity’s Representative at the Project
Site is:Mr. Rolando Bautista
Chief, General Services Division
rabautista@tourism.gov.ph
Incidental Services –The Supplier is required to provide all of the following services, including
additional services, if any, specified in Section VI. Schedule of Requirements:
a.
b.
c.
d.

e.

performance or supervision of on-site assembly and/or start-up of the
supplied Goods;
furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied Goods;
furnishing of a detailed operations and maintenance manual for eachappropriate unit of the supplied Goods
performance or supervision or maintenance and/or repair of the
supplied Goods, for a period of time agreed by the parties, provided
that this service shall not relieve the Supplier of any warranty
obligations under this Contract; andtraining of the Procuring Entity’s personnel, at the Supplier’s plant
and/or on-site, in assembly, start-up, operation, maintenance, and/or
repair of the supplied Goods.

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.

23

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 indicatedin 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 andweights shall take into consideration, where appropriate, the remoteness of theGoods’ final destination and the absence of heavy handling facilities at all points
in transit.
The packaging, marking, 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
Gross weight
Any special lifting instructions
Any special handling instructions
Any relevant HAZCHEM classifications
A packaging list identifying the contents and quantities of the package is to beplaced 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 thesecondary packaging.
Transportation –Where the Supplier is required under Contract to deliver the Goods CIF, CIP,
or DDP, transport of the Goods to the port of destination or such other named
place of destination in the Philippines, as shall be specified in this Contract,shall be arranged and paid for by the Supplier, and the cost thereof shall be
included in the Contract Price.
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 andstorage, as shall be specified in this Contract, shall be arranged by the Supplier,and related costs shall be included in the contract price.

24

Where the Supplier is required under Contract to deliver the Goods CIF, CIP or
DDP, Goods are to be transported on carriers of Philippine registry. In the eventthat no carrier of Philippine registry is available, Goods may be shipped by acarrier which is not of Philippine registry provided that the Supplier obtains andpresents to the Procuring Entity certification to this effect from the nearest
Philippine consulate to the port of dispatch. In the event that carriers ofPhilippine registry are available but their schedule delays the Supplier in its
performance of this Contract the period from when the Goods were first readyfor shipment and the actual date of shipment the period of delay will beconsidered force majeure.
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 ofGoods 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
Intellectual Property Rights –The Supplier shall indemnify the Procuring Entity against all third-party claimsof infringement of patent, trademark, or industrial design rights arising from useof the Goods or any part thereof.
2.2

Partial payment is not allowed.

4

The deliverables shall be subject to the inspection and acceptance of the Project
Officer.

25Section VI. Schedule of Requirements

26

Schedule of Requirements
Item
NumberDescription

Quantity

Total

Supply, Delivery andInstallation of thefollowing:1

Split/Wall-mounted Type 21 units
Inverter ACUs







2

Wall-mounted,
inverter type
Cooling capacity:
2.0 HP
Energy Efficient
Ratio: 10 or lower
Silver Ion/AntiBacteria Filter
Noise level (dBA):≤ 45/40/35
After-sales service
and parts warranty:
at least 1-year onparts and service
and at least 5-yearsonmotors/compressor

Window-type Inverter
ACUs







PhP945,000.00

2 units

Window-type,inverter type
Cooling capacity:
2.0 HP
Energy Efficient
Ratio: 10 or lower
Display: LED
Noise level (dBA):≤ 45/40/35
After-sales service
and parts warranty:
at least 1-year onparts and service
and at least 5-years

27

PhP95,000.00

Delivered,Weeks/Months
30 calendar days
upon receipt of the
Notice to Proceed

onmotors/compressor
Standard Installation Costof 2.0HP

21 units

PhP178,500.00

Service fee for 20-units
with more than 10ft longcopper tube (excess of
210ft free)

1,490 ft

PhP447,000.00

Total:

1,665,500.00

Conforme:___________________________Name of Bidder’s/Representative___________________________
Signature___________________________
Date

28

Section VII. Technical Specifications

29

Technical Specifications
Item

Specification

Statement of Compliance[Bidders must state here either “Comply”
or “Not Comply” against each of theindividual
parametersofeach
Specification stating the corresponding
performance parameter of the equipment
offered. Statements of “Comply” or “Not
Comply” must be supported by evidence ina Bidders Bid and cross-referenced to that
evidence. Evidence shall be in the form of
manufacturer’s
un-amended
sales
literature, unconditional statements ofspecification and compliance issued by the
manufacturer, samples, independent test
data etc., as appropriate. A statement thatis not supported by evidence or issubsequently found to be contradicted by
the evidence presented will render the Bid
under evaluation liable for rejection. A
statement either in the Bidder's statementof 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 tothe applicable laws and issuances.]I.

Minimum Requirements:
1. Supplier must have a
Certificate of PhilGEPS
Registration (Platinum)
2. The contract shall coverSupply, Delivery, andInstallation of the ACUs.
3. The cost of labor for
dismantling and installation is
inclusive in the total ABC.
4. ACUs be supplied along withthe required materials, suchas but not limited to circuit
breakers, copper piping with30

supereon insulation forsuction line and dischargeline, PVC piping for drain,
Indoor - Outdoor unit
connecting power cable andrequired cable from powersocket to stabilizer and fromstabilizer to AC and plate for
hanging indoor units.
5. Bidder must have in-house or
accredited service centers
within Metro Manila.
6. Supplier must conduct site
inspection prior to thedeadline for the submission
and opening of bids.
II.

Requirements:
Lot No. 1: 21 units Split/Wallmounted Type Inverter ACUs







Wall-mounted, inverter
type
Cooling capacity: 2.0 HP
Energy Efficient Ratio:
10 or lower
Silver Ion/Anti-Bacteria
FilterNoise level (dBA): ≤45/40/35
After-sales service andparts warranty: at least 1year on parts and service
and at least 5-years on
motors/compressor

Lot No. 2: 2 units Window-type
Inverter ACUs
 Window-type, inverter type
 Cooling capacity: 2.0 HP
 Energy Efficient Ratio: 10
or lower Display: LED Noise level (dBA): ≤45/40/35

31

 After-sales service and parts
warranty: at least 1-year onparts and service and at least
5-years on
motors/compressor

Conforme:___________________________Name of Bidder’s/Representative___________________________
Signature___________________________
Date

32

Section VIII. Checklist of Technical and
Financial Documents

33

Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE
Class “A” Documents
Legal Documents⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages);or⬜ (b) Registration certificate from Securities and Exchange Commission (SEC),
Department of Trade and Industry (DTI) for sole proprietorship, or
Cooperative Development Authority (CDA) for cooperatives or its equivalent
document,and⬜ (c) Mayor’s or Business permit issued by the city or municipality where theprincipal place of business of the prospective bidder is located, or theequivalent document for Exclusive Economic Zones or Areas;and⬜ (d) Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approvedby the Bureau of Internal Revenue (BIR).
Technical Documents⬜ (e) Statement of the prospective bidder of all its ongoing government and private
contracts, including contracts awarded but not yet started, if any, whether
similar or not similar in nature and complexity to the contract to be bid; and⬜ (f) Statement of the bidder’s Single Largest Completed Contract (SLCC) similar
to the contract to be bid, except under conditions provided for in Sections
23.4.1.3 and 23.4.2.4 of the 2016 revised IRR of RA No. 9184, within therelevant period as provided in the Bidding Documents; and⬜ (g) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission;or
Original copy of Notarized Bid Securing Declaration; and(h)Conformity with the Technical Specifications, which may include⬜
production/delivery schedule, manpower requirements, and/or aftersales/parts, if applicable; andOriginal duly signed Omnibus Sworn Statement (OSS);⬜ (i)and if applicable, Original Notarized Secretary’s Certificate in case of acorporation, partnership, or cooperative; or Original Special Power ofAttorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.
Financial Documents⬜ (j) The Supplier’s audited financial statements, showing, among others, theSupplier’s total and current assets and liabilities, stamped “received” by the
BIR or its duly accredited and authorized institutions, for the preceding
calendar year which should not be earlier than two (2) years from the date ofbid submission; and⬜ (k) The prospective bidder’s computation of Net Financial Contracting Capacity(NFCC);34

or
A committed Line of Credit from a Universal or Commercial Bank in lieu of
its NFCC computation.
⬜ (l)Class “B” Documents
If applicable, a duly signed joint venture agreement (JVA) in case the joint
venture is already in existence;or
duly notarized statements from all the potential joint venture partners statingthat they will enter into and abide by the provisions of the JVA in the instancethat the bid is successful.

II. FINANCIAL COMPONENT ENVELOPE⬜ (m) Original of duly signed and accomplished Financial Bid Form; and⬜ (n) Original of duly signed and accomplished Price Schedule(s).
Other documentary requirements under RA No. 9184 (as applicable)⬜ (o) [For foreign bidders claiming by reason of their country’s extension ofreciprocal rights to Filipinos] Certification from the relevant government
office of their country stating that Filipinos are allowed to participate ingovernment procurement activities for the same item or product.
⬜ (p) Certification from the DTI if the Bidder claims preference as a Domestic
Bidder or Domestic Entity.

35

36