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. Eligible Bidders Unless otherwise indicated in the BDS, the following persons shall be eligible to participate in this Bidding: Duly licensed Filipino citizens/sole proprietorships; Partnerships duly organized under the laws of the Philippines and of which at least seventy five percent (75%) of the interest belongs to citizens of the Philippines; Corporations duly organized under the laws of the Philippines, and of which at least seventy five percent (75%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized the laws of the Philippines, and of which at least seventy five percent (75%) of the interest belongs to citizens of the Philippines; and 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, in accordance with Letter of Instructions No. 630, Filipino ownership or interest of the joint venture concerned shall be at least seventy five percent (75%): Provided, further, that joint ventures in which Filipino ownership or interest is less than seventy five percent (75%) may be eligible where the structures to be built require the application of techniques and/or technologies which are not adequately possessed by a person/entity meeting the seventy five percent (75%) Filipino ownership requirement: Provided, finally, that in the latter case, Filipino ownership or interest shall not be less than twenty five percent (25%). For this purpose Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their JVA. The Procuring Entity may also invite foreign bidders when provided for under any Treaty or International or Executive Agreement as specified in the . 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.
We understand that you are not bound to accept the Lowest Evaluated Bid or any other Bid that you may receive. Name: In the capacity of: Signed: Duly authorized to sign the Bid for and on behalf of: Date: ___________ Form of Contract Agreement THIS AGREEMENT, made this [insert date] day of [insert month], [insert year] between [name and address of PROCURING ENTITY](hereinafter called the“Entity”) and [name and address of Contractor] (hereinafter called the “Contractor”). WHEREAS, the Entity is desirous that the Contractor execute [name and identification number of contract] (hereinafter called “the Works”) and the Entity has accepted the Bid for [insert the amount in specified currency in numbers and words] by the Contractor for the execution and completion of such Works and the remedying of any defects therein. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. The following documents shall be attached, deemed to form, and be read and construed as part of this Agreement, to wit: General and Special Conditions of Contract; Drawings/Plans; Specifications; Invitation to Apply for Eligibility and to Bid; Instructions to Bidders;