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Republic of the Philippines

Department of Social Welfare and Development


IBP Road, Constitution Hills, Quezon City
Telephone Nos. (02) 8931-8101 to 07 VoIP 10090 and 10197
Email Add: [email protected]

BIDDING DOCUMENT
PROCUREMENT OF PREPACKED FAMILY FOOD
PACKS THROUGH FRAMEWORK AGREEMENT
FOR CY 2023
ITB No. GOP/22-DSWD-052
(PR No. 2022111811)

NOVEMBER 2022
PHILIPPINE BIDDING DOCUMENTS

Procurement of
GOODS
Government of the Republic of the Philippines

Sixth Edition
July 2020

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Table of Contents

Glossary of Acronyms, Terms, and Abbreviations ………………………….4


Section I. Invitation to Bid……………………………………………………..7
Section II. Instructions to Bidders…………………………………………...10
1. Scope of Bid ………………………………………………………………………. 11
2. Funding Information………………………………………………………………. 11
3. Bidding Requirements ……………………………………………………………. 11
4. Corrupt, Fraudulent, Collusive, and Coercive Practices………………………….. 11
5. Eligible Bidders…………………………………………………………………… 11
6. Origin of Goods ………………………………………………………………….. 12
7. Subcontracts ……………………………………………………………………… 12
8. Pre-Bid Conference ………………………………………………………………. 12
9. Clarification and Amendment of Bidding Documents …………………………… 12
10. Documents comprising the Bid: Eligibility and Technical Components ………….12
11. Documents comprising the Bid: Financial Component …………………………... 13
12. Bid Prices …………………………………………………………………………. 13
13. Bid and Payment Currencies ………………………………………………………14
14. Bid Security ………………………………………………………………………. 15
15. Sealing and Marking of Bids ………………………………………………………15
16. Deadline for Submission of Bids …………………………………………………. 15
17. Opening and Preliminary Examination of Bids ………………………………….. 16
18. Domestic Preference ……………………………………………………………… 16
19. Detailed Evaluation and Comparison of Bids ……………………………………. 16
20. Post-Qualification ………………………………………………………………… 17
21. Signing of the Contract …………………………………………………………… 17
Section III. Bid Data Sheet …………………………………………………..19
Section IV. General Conditions of Contract ……………………...………..23
1. Scope of Contract ………………………………………………………………… 24
2. Advance Payment and Terms of Payment ……………………………………….. 24
3. Performance Security ……………………………………………………………. 24
4. Inspection and Tests ……………………………………………………………… 25
5. Warranty …………………………………………………………………………. 25
6. Liability of the Supplier ………………………………………………………….. 25
Section V. Special Conditions of Contract ………………………………….26
Section VI. Schedule of Requirements ……………………………………....30
Section VII. Technical Specifications …………………………………………35
Section VIII. Checklist of Technical and Financial Documents …………..45

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Section IX. Bidding Forms .................................................................................. 48
1. Bid Form for Goods ..................................................................................49
2. Price Proposal Form ...................................................................................51
3. Price Schedule for Goods Offered from Within the Philippines ..............52
4. Price Schedule for Goods Offered from Abroad ......................................53
5. Bid Securing Declaration Form ................................................................54
6. Framework Agreement Form ....................................................................55
7. Omnibus Sworn Statement Form (Revised) .............................................58
8. Statement of All On-going Government and Private Contracts,
including Contracts Awarded but not yet Started, Whether Similar
or Not Similar In Nature and Complexity to the Contract to be Bid ........61
9. Statement of Single Largest Completed Contract (SLCC) .......................62
10. Performance Securing Declaration Form ..................................................63

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Glossary of Acronyms, Terms, and
Abbreviations
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. (2016
revised 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 that
are beyond the capability and/or capacity of the GOP to undertake such as, but not limited to:
(i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical services
or special studies. (2016 revised IRR, Section 5[i])

CDA - Cooperative Development Authority.

Contract – Refers to the agreement entered into between the Procuring Entity and the Supplier
or Manufacturer or Distributor or Service Provider for procurement of Goods and Services;
Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for
Procurement of Consulting Services; as the case may be, as recorded in the Contract Form
signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.

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, Section
5[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 specific
purchases, 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 public
businesses or in the pursuit of any government undertaking, project or activity, whether in the
nature of equipment, furniture, stationery, materials for construction, or personal property of
any kind, including non-personal or contractual services such as the repair and maintenance of
equipment and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by the Procuring
Entity for such services. The term “related” or “analogous services” shall include, but is not
limited to, lease or purchase of office space, media advertisements, health maintenance
services, and other services essential to the operation of the Procuring Entity. (2016 revised
IRR, Section 5[r])

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

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buildings, school buildings, hospital buildings, and other related construction projects of the
government. Also referred to as civil works or works. (2016 revised IRR, Section 5[u])

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 and
engaged 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.

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Section I. Invitation to Bid

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DSWD-GF-010 | REV 01 / 17 AUG 2022

INVITATION TO BID FOR

Procurement of Prepacked Family Food Packs through Framework


Agreement for CY 2023
ITB No. GOP/22-DSWD-052
(PR No. 2022111811)

1. The Department of Social Welfare and Development (DSWD), using a single-year


Framework Agreement, through the National Resource and Logistics Management
Bureau (NRLMB) Fund 2023, intends to apply the sum of Two Hundred Nineteen
Million Seven Hundred Ninety Thousand Pesos (PhP219,790,000.00), being the
Approved Budget for the Contract (ABC) to payments under the contract for the
Procurement of Prepacked Family Food Packs though Framework Agreement for
CY 2023. Bids received in excess of the ABC shall be automatically rejected at bid
opening.

2. The DSWD now invites bids for the above Procurement Project. Delivery of the Goods
shall be in accordance with Section VI. Schedule of Requirement after issuance of a
Call-Off or any date determined by the Procuring Entity (PE). Bidders should have
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 non-
discretionary “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, 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 No. 5183.

4. Prospective Bidders may obtain further information from DSWD Bids and Awards
Committee (BAC) Secretariat and inspect the Bidding Documents at the address
given below from Monday to Friday at 8:00 a.m. to 5:00 p.m.

5. A complete set of Bidding Documents may be acquired by interested Bidders on


21 November 2022 to 12 December 2022 from the given address and website(s) below
and upon payment of the applicable fee for the Bidding Documents, in the amount of
Fifty Thousand Pesos (PhP 50,000.00). The Procuring Entity shall allow the bidder to
present its proof of payment for the fees in person, by facsimile, or through electronic
means.

6. The DSWD will hold a Pre-Bid Conference on 28 November 2022, 10:30 A.M. at
Bids and Awards Committee Conference Room, 2nd Floor Mahusay Building,
DSWD Central Office, IBP Road, Constitution Hills, Quezon City and/or through

DSWD Central Office, IBP Road, Constitution Hills, Quezon City, Philippines 1126
Website: http://www.dswd.gov.ph Tel Nos.: (632) 8 931-8101 to 07 Telefax: (632) 8 931-8191
video conferencing or webcasting via Google Meet, which shall be open to prospective
bidders.

7. Bids must be duly received by the BAC Secretariat through manual submission at the
office address indicated below on or before 12 December 2022, 9:00 a.m. Late bids
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 12 December 2022, 09:30 a.m. at Bids and Awards
Committee Conference Room, 2nd Floor Mahusay Building, DSWD Central
Office, IBP Road, Constitution Hills, Quezon City and/or through video
conferencing or webcasting via Google Meet. Bids will be opened in the presence of
the bidders’ representatives who choose to attend the activity.

10. To facilitate the immediate implementation of the procurement of this Project, the
DSWD shall proceed with the conduct of Early Procurement Activities (EPA), pursuant
to Section 7.6 and Appendix 31 [Guidelines on the Implementation of Early
Procurement Activities] of the 2016 Revised IRR of RA 9184 and Section 20 of the
General Provisions of the FY2023 National Expenditure Program (NEP).

11. The DSWD reserves the right to reject any and all bids, declare a failure of bidding, or
not award the contract at any time prior to contract award in accordance with Sections
35.6 and 41 of the 2016 Revised IRR of RA No. 9184, without thereby incurring any
liability to the affected bidder or bidders.

12. For further information, please refer to:

THE CHAIRPERSON
DSWD Bids and Awards Committee (BAC) 2
c/o BAC Secretariat
2nd Floor Mahusay Building, DSWD Central Office
IBP Road, Constitution Hills, 1126 Quezon City
Email Address: [email protected]
Fax No. (02) 8951-7116
Telephone Nos. (02) 8931-8101 to 07 Local 10090

13. You may visit the following websites:

For downloading of Bidding Documents:


ps-philgeps.gov.ph - Website of the Philippine Government Electronic Procurement
System (PhilGEPS)
dswd.gov.ph – Website of the DSWD

21 November 2022
(ORIGINAL SIGNED)
ATTY. MARCO M. BAUTISTA
Undersecretary and
Bids and Awards Committee 2 Chairperson

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Section II. Instructions to Bidders

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1. Scope of Bid
The Procuring Entity, Department of Social Welfare and Development (DSWD)
wishes to receive Bids for the Procurement of Prepacked Family Food Packs
through Framework Agreement for CY 2023, with Project Identification number
ITB No. GOP/22-DSWD-052.

The Procurement Project is composed of One (1) lot, the details of which are described
in Section VII (Technical Specifications).

2. Funding Information
2.1. The GOP through the source of funding as indicated below for FY 2023 in the
amount of Two Hundred Nineteen Million Seven Hundred Ninety Thousand
Pesos (PhP 219,790,000.00)

2.2. The source of funding is NGA, the National Expenditure Program.

3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184 and
its 2016 revised IRR, including its Generic Procurement Manuals and associated
policies, rules and regulations as the primary source thereof, while the herein clauses
shall serve as the secondary source thereof.

Any amendments made to the IRR and other GPPB issuances shall be applicable only
to the ongoing posting, advertisement, or IB by the BAC through the issuance of a
supplemental or bid bulletin.

The Bidder, by the act of submitting its Bid, shall be deemed to have verified and
accepted the general requirements of this Project, including other factors that may affect
the cost, duration and execution or implementation of the contract, project, or work and
examine all instructions, forms, terms, and project requirements in the Bidding
Documents.

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, and
obstructive practices defined under Annex “I” of the 2016 revised IRR of RA No. 9184
or other integrity violations in competing for the Project.

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

5.2. Foreign ownership limited to those allowed under the rules may participate in
this Project.
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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
the value of which, adjusted to current prices using the PSA’s CPI, must be at
least equivalent to at least twenty-five percent (25%) of the ABC.

5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the
2016 Revised IRR of RA No. 9184.

6. Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a decision
of 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 the
Procuring 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.

7.2. Subcontracting of any portion of the Project does not relieve the Supplier of any
liability or obligation under the 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 Supplier’s own acts, defaults, or
negligence, or those of its agents, servants, or workmen.

8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified
date and time and either at its physical address and/or through
videoconferencing/webcasting as indicated in paragraph 6 of the IB

9. Clarification and Amendment of Bidding Documents


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

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10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been completed
within 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 must
be accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent
office having jurisdiction over the foreign bidder’s affairs in the Philippines.
Similar to the required authentication above, for Contracting Parties to the
Apostille Convention, only the translated documents shall be authenticated
through an apostille pursuant to GPPB Resolution No. 13-2019 dated 23 May
2019. The English translation shall govern, for purposes of interpretation of the
bid.

11. 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, a


certification 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.

11.5. Financial proposals for single or multi-year Framework Agreement shall be


submitted before the deadline of submission of bids as prescribed in the IB. For
multi-year Framework Agreement, evaluation of the financial proposal during
this stage is for purposes of determining eligibility and whether or not such
financial proposal is within the ABC.

12. Bid Prices


12.1. Prices indicated on the Price Schedule shall be entered separately in the
following manner:

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

i. The price of the Goods quoted EXW (ex-works, ex-factory, ex-


warehouse, ex-showroom, or off-the-shelf, as applicable);

ii. The cost of all customs duties and sales and other taxes already
paid or payable;

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

iv. The price of other (incidental) services, if any, listed in the BDS.

b. For Goods offered from abroad:

i. Unless otherwise stated in the BDS, the price of the Goods shall
be quoted delivered duty paid (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.

ii. The price of other (incidental) services, if any, as listed in the BDS.

12.2. For Framework Agreement, the following should also apply in addition to
Clause 12.1:

a. For a single year Framework Agreement, the prices quoted by the


Bidder shall be fixed during the Bidder’s performance of the contract and
not subject to variation or escalation on any account. Price schedules
required under Clause 12.1 shall be submitted with the bidding documents.

b. For a multi-year Framework Agreement, the prices quoted by the Bidder


during submission of eligibility documents shall be the ceiling and the price
quoted during mini-competition must not exceed the initial price offer. The
price quoted during call for mini-competition shall be fixed during the
Bidder’s performance of that Call-off and not subject to variation or
escalation on any account. Price schedules required under Clause 12.1 shall
be submitted with the bidding documents.

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 rate
bulletin on the day of the bid opening.

a. Payment of the contract price shall be made in Philippine Pesos.

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14. Bid Security
14.1. The Bidder shall submit a Bid Securing Declaration1 or any form of Bid Security
in the amount indicated in the BDS, which shall be not less than the percentage
of the ABC in accordance with the schedule in the BDS.

14.2. The Bid and bid security shall be valid until one hundred twenty (120)
calendar days. Any Bid not accompanied by an acceptable bid security shall
be rejected by the Procuring Entity as non-responsive.

14.3. In the case of Framework Agreement, other than the grounds for forfeiture under
the 2016 revised IRR, the bid security may also be forfeited if the successful
bidder fails to sign the Framework Agreement, or fails to furnish the
performance security or performance securing declaration. Without prejudice
on its forfeiture, bid securities shall be returned only after the posting of
performance security or performance securing declaration, as the case may be,
by the winning Bidder or compliant Bidders and the signing of the Framework
Agreement.

15. Sealing and Marking of Bids


Each Bidder shall submit one copy of the first and second components of its Bid.

The Procuring Entity may request additional hard copies and/or electronic copies of the
Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.

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, which
must be digitally signed. An electronic copy that cannot be opened or is corrupted shall
be considered non-responsive and, thus, automatically disqualified.

16. Deadline for Submission of Bids


16.1. The Bidders shall submit on the specified date and time and either at its physical
address or through online submission as indicated in paragraph 7 of the IB.

16.2. For multi-year Framework Agreement, the submission of bids shall be for the
initial evaluation of their technical and financial eligibility. Thereafter, those
declared eligible during the said initial eligibility evaluation and entered into a
Framework Agreement with the Procuring Entity shall submit anew their best
financial offer at the address and on or before the date and time indicated in the
Call for each mini-competition.

1 In the case of Framework Agreement, the undertaking shall refer to entering into contract with the Procuring Entity and
furnishing of the performance security or the performance securing declaration within ten (10) calendar days from receipt of
Notice to Execute Framework Agreement.
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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.

In case the Bids cannot be opened as scheduled due to justifiable reasons, the
rescheduling 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 the


2016 revised IRR of RA No. 9184.

18. Domestic Preference


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

18.2. For multi-year Framework Agreement, determination of margin of preference


shall be conducted every call for Mini-Competition.

19. Detailed Evaluation and Comparison of Bids


19.1. The Procuring Entity’s BAC shall immediately conduct a detailed evaluation of
all Bids rated “passed,” using non-discretionary pass/fail criteria. The BAC
shall consider the conditions in the evaluation of Bids under Section 32.2 of the
2016 revised IRR of RA No. 9184.

a. In the case of single-year Framework Agreement, the Lowest Calculated


Bid shall be determined outright after the detailed evaluation;

b. For multi-year Framework Agreement, the determination of the eligibility


and the compliance of bidders with the technical and financial aspects of
the projects shall be initially made by the BAC, in accordance with Item
7.4.2 of the Guidelines on the Use of Framework Agreement.

19.2. If the Project allows partial bids, bidders may submit a proposal on any of the
lots or items, and evaluation will be undertaken on a per lot or item basis, as the
case maybe. In this case, the Bid Security as required by ITB Clause 14 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 the
2016 revised IRR of RA No. 9184. The NFCC must be sufficient for the total
of the ABCs for all the lots or items participated in by the prospective Bidder.

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19.4. The Project shall be awarded as One Project having several items that shall
be awarded as one contract.

19.5. Except for bidders submitting a committed Line of Credit from a Universal or
Commercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of RA
No. 9184, which must be sufficient for the total of the ABCs for all the lots or
items participated in by the prospective Bidder. For bidders submitting the
committed Line of Credit, it must be at least equal to ten percent (10%) of the
ABCs for all the lots or items participated in by the prospective Bidder.

20. Post-Qualification
20.1. For multi-year Framework Agreement, all bidders initially determined to be
eligible and financially compliant shall be subject to initial post-qualification.
The BAC shall then recommend the execution of a Framework Agreement
among all eligible, technically and financially compliant bidders and the
Procuring Entity and shall be issued by HoPE a Notice to Execute Framework
Agreement. The determination of the Lowest Calculated Bid (LCB) shall not
be performed by the BAC until a Mini-Competition is conducted among the
bidders who executed a Framework Agreement. When a Call for Mini-
Competition is made, the BAC shall allow the bidders to submit their best
financial proposals on such pre-scheduled date, time and place to determine the
bidder with the LCB.

20.2. 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,
or in the case of multi-year Framework Agreement, that it is one of the eligible
bidders who have submitted bids that are found to be technically and financially
compliant, the Bidder shall submit its latest income and business tax returns
filed and paid through the BIR Electronic Filing and Payment System (eFPS)
and other appropriate licenses and permits required by law and stated in the
BDS. For every mini-competition in Framework Agreement, the LCB shall
likewise submit the required documents for final Post Qualification.

21. Signing of the Contract


21.1. The documents required in Section 37.2 of the 2016 revised IRR of RA No.
9184 shall form part of the Contract. Additional Contract documents are
indicated in the BDS.

21.2. At the same time as the Procuring Entity notifies the successful Bidder that its
bid has been accepted, the Procuring Entity shall send the Framework
Agreement Form to the Bidder, which contract has been provided in the Bidding
Documents, incorporating therein all agreements between the parties.

21.3. Within ten (10) calendar days from receipt of the Notice to Execute Framework
Agreement with the Procuring Entity, the successful Bidder or its duly
authorized representative shall formally enter into a Framework Agreement
with the procuring entity for an amount of One Peso to be paid to the procuring
17
entity as a consideration for the option granted by the procuring entity to procure
the items in the Framework Agreement List when the need arises.

21.4. The Procuring Entity shall enter into a Framework Agreement with the
successful Bidder within the same ten (10) calendar day period provided that all
the documentary requirements are complied with.

21.5. The following documents shall form part of the Framework Agreement:

a. Framework Agreement Form;


b. Bidding Documents;
c. Call-offs;
d. Winning bidder’s bid, including the Technical and Financial Proposals, and
all other documents/statements submitted (e.g., bidder’s response to
request for clarifications on the bid), including corrections to the bid, if any,
resulting from the Procuring Entity’s bid evaluation;
e. Performance Security or Performance Securing Declaration, as the case
may be;
f. Notice to Execute Framework Agreement; and
g. Other contract documents that may be required by existing laws and/or
specified in the BDS.

18
Section III. Bid Data Sheet

19
Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:

a. Supply and delivery of Prepacked Family Food Packs/Grocery


Items. SLCC under grocery items will be only limited to the following
relevant Family Food Pack components:

1. Canned Goods
2. Powdered Drinks
3. Rice

b. completed within five (5) years prior to the deadline for the submission
and receipt of bids.

7.1 Subcontracting is not allowed.

12 The price of the Goods shall be quoted DDP places of destination are the Project
Sites and/or Delivery Sites stated in the Section VI (Schedule of Requirements)
or the applicable International Commercial Terms (INCOTERMS) for this
Project.

14.1 The bid security shall be in the form of a Bid Securing Declaration, or any of the
following forms and amounts:

a. The amount of not less than Four Million Three Hundred Ninety-Five
Thousand Eight Hundred Pesos (PhP4,395,800.00) or two percent
(2%) of ABC, if bid security is in cash, cashier’s/manager’s check, bank
draft/guarantee or irrevocable letter of credit; or

b. The amount of not less than Ten Million Nine Hundred Eighty-Nine
Thousand Five Hundred Pesos (PhP10,989,500.00) or five percent
(5%) of ABC, if bid security is in Surety Bond.

15 Each Bidder shall submit one (1) original and one (1) copy of the first and second
components of its Bid. Forms provided in Section IX (Bidding Forms) must be
completed without any alterations to their format, and no substitute form shall
be accepted.

19.3
Procurement of Prepacked Family Food Packs through Framework
Agreement for CY 2023
Lot ABC
Particular Quantity/Unit
Number (in Phil. Peso)
Prepacked Family Food
1 250,000 packs 219,790,000.00
Packs

20
20.2 The Lowest Calculated Bid (LCB) or Single Calculated Bid (SCB) as the case
may be, for each item shall submit the following additional documents and/or
samples during the Post-Qualification Stage:

1. Latest income tax returns (ITR) are those covering the immediately
preceding year while latest business tax returns (BTR) are those filed for
the last six (6) months preceding the date of bid submission, and paid
through the Electronic Filing and Payment System (eFPS) of the BIR.

2. Interested bidders must submit at least ten (10) prepacked family food
packs with required markings or layout during post qualification, one (1)
roll of packaging tape and one (1) roll of stretch film.

3. For packaging materials, the bidder must submit certificate of regular


slotted carton analysis from third party laboratory.

4. For Canned Goods (Canned Tuna Flakes, Canned Corned Beef and
Canned Sardines), the bidder must submit a Certificate of Analysis from
any of the following which establishes that the thickness of the tin used
in the canned goods is compliant with the technical specifications set by
the DSWD:

a. Manufacturer of the item/product being offered;


b. Appropriate government institution certifying on the thickness of
the tin can being offered; OR
c. Any third party licensed to conduct said analysis.

5. The prospective suppliers/bidders are required to submit the following


additional relevant documents to be used during the Post-Qualification
Stage to further assess their capacity:

a. Organizational Structure;
b. Proposed Production Process and Layout;
c. Warehouse Location and Layout; and
d. List of equipment to be used in the repacking of Family Food
Packs

The declared statements/submissions are to be verified during the site


visit.

6. Following are the requirements (per component of family food pack) in


order to determine whether the bidder is able to acquire the product from
the manufacturer or trader without prejudice to the volume of the order
of NRLMB, to wit:

6.1 If the prospective supplier is a MANUFACTURER, it must


submit any of the following:

i. SEC Certificate;
ii. DTI Registration;

21
iii. Equivalent document issued by appropriate government
institutions certifying that the prospective supplier is the
manufacturer of the item/product being offered.

6.2 If the prospective supplier is a DIRECT DISTRIBUTOR


FROM THE PRODUCT MANUFACTURER, it must submit
any of the following:

i. Certification of Distributorship;
ii. Memorandum of Agreement with the manufacturer of the
item/product offered specifying their
partnership/engagement for at least one year from the time
of submission of bid;
iii. Any equivalent document that establishes that the owner or
trader of the specific products offered has the authority to
sell or distribute specific brand or products, whichever is
applicable.

6.3 If the prospective supplier is a DEALER FROM ANY


LEADING ONE-STOP GROCERY DISTRIBUTION
COMPANY/ COMMERCIAL CORPORATION/ TRADER,
it must submit any of the following:

i. Certification of Resellership/ Dealership;


ii. Memorandum of Agreement with any Leading One-Stop
Grocery Distribution Company/ Commercial
Corporation/ Trader specifying their
partnership/engagement for at least one year from the time
of submission of bid;
iii. Any document that assures availability of the product to the
bidder for a period of one (1) year.

21.2 No further instructions.

22
Section IV. General Conditions of Contract

23
1. Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that can
be reasonably inferred as being required for its completion as if such items were
expressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute
the primary source for the terms and conditions of the Contract, and thus, applicable in
contract implementation. Herein clauses shall serve as the secondary source for the
terms and conditions of the Contract.

This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA No.
9184 allowing the GPPB to amend the IRR, which shall be applied to all procurement
activities, the advertisement, posting, or invitation of which were issued after the
effectivity of the said amendment.

Additional requirements for the completion of this Contract shall be provided in the
Special Conditions of Contract (SCC).

2. Advance Payment and Terms of Payment


2.1. Advance payment of the contract amount is provided under Annex “D” of the
revised 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 accordance
with prevailing accounting and auditing rules and regulations. The terms of
payment are indicated in the SCC.

2.3. For a single-year Framework Agreement, prices charged by the Supplier for
Goods delivered and/or services performed under a Call-Off shall not vary from
the prices quoted by the Supplier in its bid.

2.4. For multi-year Framework Agreement, prices charged by the Supplier for
Goods delivered and/or services performed under a Call-Off shall not vary from
the prices quoted by the Supplier during conduct of Mini-Competition.

3. Performance Security
Within ten (10) calendar days from receipt of the Notice of Award by the Bidder from
the Procuring Entity but in no case later than the signing of the Contract by both parties,
the successful Bidder shall furnish the performance security in any of the forms
prescribed in Section 39 of the 2016 revised IRR of RA No. 9184. In the case of
Framework Agreement, the Bidder may opt to furnish the performance security or a
Performance Securing Declaration as defined under the Guidelines on the Use of
Framework Agreement.

24
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 or Framework Agreement
specifications at no extra cost to the Procuring Entity in accordance with the Generic
Procurement Manual. In addition to tests in the SCC, 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.

All reasonable facilities and assistance for the inspection and testing of Goods,
including access to drawings and production data, shall be provided by the Supplier to
the authorized inspectors at no charge to the Procuring Entity.

5. Warranty
5.1 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 62.1
of the 2016 revised IRR of RA No. 9184.

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

6. 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 and
severally liable to the Procuring Entity.

25
Section V. Special Conditions of Contract

26
Special Conditions of Contract
GCC
Clause
1 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:

The delivery terms applicable to the Contract are DDP delivered to the Project
Sites and/or Delivery Sites stated in the Section VI. Schedule of
Requirements (Framework Agreement List). In accordance with
INCOTERMS.”

The delivery terms applicable to this Contract are delivered to the Project Sites
and/or Delivery Sites stated in the Section VI. Schedule of Requirements
(Framework Agreement List). 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 (Framework
Agreement List).
For purposes of this Clause the Procuring Entity’s Representative at the Project
Site is

Engr. Corazon Macaraeg


Officer-In-Charge
National Resource and Logistics Management Bureau
DSWD-National Resource Operation Center
NAIA, Chapel Road, Pasay City

Incidental Services –

The Contract price for the Goods shall include the prices charged by the
Supplier for incidental services and shall not exceed the prevailing rates charged
to other parties by the Supplier for similar services.

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

27
remoteness of the Goods’ 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 as required in Section VII.


Technical Specifications:

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.

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 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.

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 event
that no carrier of Philippine registry is available, Goods may be shipped by a
carrier which is not of Philippine registry provided that the Supplier obtains and
presents to the Procuring Entity certification to this effect from the nearest
Philippine consulate to the port of dispatch. In the event that carriers of
Philippine registry are available but their schedule delays the Supplier in its
performance of this Contract the period from when the Goods were first ready
for shipment and the actual date of shipment the period of delay will be
considered 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
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.

Intellectual Property Rights –

28
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.
2.2 Payment shall be made within thirty (30) days upon completion of delivery per
Call-Off, subject to the submission and/or completion of the required
documents for payments:

i. Duly signed and approved Call-Offs;


ii. BIR VAT Registered Supplier’s Invoice issued to DSWD;
iii. Supplier’s Delivery Receipt duly received/signed by DSWD Authorized
Representative at the delivery sites/places;
iv. Inspection and Acceptance Report; and
v. Other Documents that may be identified by DSWD.

4 The inspections and tests that will be conducted are indicated in Section VI.
Schedule of Requirements.

29
Section VI. Schedule of Requirements

30
Schedule of Requirements
FRAMEWORK AGREEMENT LIST
Department of Social Welfare and Development

Procurement of Prepacked Family Food Packs Through Framework Agreement for CY 2023

Minimum
Lot Maximum
Description Order per
no. Quantity
Call-Off

1 Pre-Packed Family Food Pack 250,000 packs 10,000 packs


Components:
Vacuum-Packed Rice - 6 kilos or equivalent (2 packs of
3 kilos Vacuum-Packed Rice)
Canned Corned Beef - 4 tins
Canned Sardines - 2 tins
Canned Tuna Flakes - 4 tins
Instant Choco Malt Drink - 5 sachets
Instant Coffee, 3 in 1 - 5 sachets
Regular Slotted Carton (Packaging) - 1 piece

Two Hundred Nineteen


Total Million Seven Hundred Ninety
Approved Budget for the Contract Thousand Pesos
(PhP219,790,000.00)

Expected delivery time Delivery shall commence/ start as provided in the Call-Offs or within a
frame after receipt of a maximum of fourteen (14) calendar days or Three Hundred Thirty-
Call-Off: Six (336) Hours upon issuance of the Call-Offs. Should the bureau
require a maximum quantity of each item, different delivery time will be
provided in the call-offs, in which case, the period stated in the latter shall
prevail.

Delivery Receipt: The Delivery Receipt (DR) must be duly signed/ received by any
authorized representative of the NRLMB and the original copy of the said
receipt must be provided to the latter upon delivery.

Inspection: The DSWD NRLMB – Quality Management Section and/or DSWD


Central Office – Inspection Committee shall inspect the products upon
delivery to any DSWD designated delivery places.

DSWD reserves the right to inspect or test the goods and accept or reject
any or all items delivered not in accordance with specifications indicated
in the Framework Agreement List.

Quality Standards

31
ITEMS QUALITY REQUIREMENTS
RICE A. Physical Properties
Rice shall undergo inspection/approval from the end-user
to ensure that the following are met:
 Must be white in color, medium grain, and regular to
well-milled with approximately 75% whole grain and
25% broken rice.
 Shall be free from objectionable and foreign odors, live
insect, pests and other contaminants.
 End-user may have the option to subject rice to cooking
and taste test to verify sensory properties.

B. Vacuum Packing
 Pre-packed rice shall undergo at least 12 hours
observations by the supplier prior to
production/boxing to ensure quality of vacuum
sealing. Loosely packed rice shall be corrected before
inclusion in the production/boxing process.
 Pre-packed rice may come in 6 kilos or 3 kilos
 Vacuum-packed rice should not loosen within 45 days
from delivery. Should this happen supplier shall be
informed immediately for replacement.

CANNED 1. Not Dented, Not Rusty and Not Spoiled


GOODS 2. Unlabeled tin can is not acceptable
3. Compliance with the item’s specifications
4. Shall be subject to the approval of the NRLMB before
production.
SACHETS 1. Not Hardened
ITEMS 2. Compliance with the item’s specifications
3. Shall be subject to the approval of the NRLMB before
production.

PACKAGING 1. Not Deformed


MATERIALS 2. Compliance with the item’s specifications should
withstand a minimum of 10-layer stacking height of
FFP (components).
3. Shall be subject to the approval of the NRLMB before
production.
A Representative/s from DSWD shall be present during the repacking to
conduct random inspection and ensure that the items are within the
acceptable quality standards.

Delivery Site: DSWD-NROC, NAIA, Chapel Road, Pasay City or any DSWD
designated delivery place within Cavite, Pampanga, Rizal, and
Bulacan, whenever necessary.

The Supplier shall shoulder the cost of repacking and delivery at


designated area as identified by DSWD.

Contract Duration: The contract is a Single-Year Framework Agreement commencing from


the receipt of the First Call Off until 31 December 2023 or upon
consumption of the total quantity for each item indicated in this
Framework Agreement List, whichever comes first.

32
Period of remedy for Supplier should replace those Goods found damaged, dented, spoiled,
defects: bloated, unlabeled, rusty and other unacceptable appearances identified
by the NRLMB-Quality Control Section within six (6) months upon
completion of delivery per Call-Off.

Termination: Without prejudice to the provisions of applicable laws, rules, and


guidelines, the Framework Agreement shall be automatically terminated
under the following:

a. When the total maximum quantity specified in the Framework


Agreement has been exhausted.

b. When the specific duration of the Framework Agreement has expired.

Repeat Order: Allowed after PE has exhausted maximum quantity for the same item or
after the Framework Agreement has expired:

a. Subject to conditions under Section 51 of RA 9184.

b. Repeat Order shall be availed of only within six (6) months from the
date of the last or final Call Off for a specific item where the maximum
quantity has been exhausted or from the expiration of the Framework
Agreement.

Flexibility Clause: This Framework Agreement permits flexibility at the outset of the
agreement for the winning suppliers who are not able to commit to a fixed
level of supplying a particular brand presented during the post-
qualification. Provided, the nature of modification is due to fortuitous
events and the modified brand is responsive to the technical specifications
set by the bureau. Notwithstanding, variations to the provisions of this
agreement between the NRLMB and the winning suppliers are permitted,
subject to Director’s recommendation and Head of the Procuring Entity’s
(HOPE’s) approval.

Liquidated Damages: 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 the Framework
Agreement/Call Off 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 tenth of one percent (0.001)
of the cost of the unperformed portion for every day of delay until actual
delivery or performance. Once the amount of liquidated damages reaches
ten percent (10%), the Procuring Entity may rescind or terminate the
Contract, without prejudice to other courses of action and remedies
available under the circumstances.

33
Name: _____________________________________________________________________
Legal Capacity: ______________________________________________________________
Signature: __________________________________________________________________
Duly authorized to sign the Bid for and behalf of: ____________________________________
Date: __________________________________

34
Section VII. Technical Specifications

35
Procurement of Prepacked Family Food Packs Through
Framework Agreement for CY 2023

Item Bidder’s Specifications


No. Technical Specifications Statement of Compliance2
(Please indicate detailed/actual
specifications of the product being offered)

1 RICE Brand:
A. Type: Vacuum-Packed Rice Detailed Specifications:
B. Unit of Measurement: Kilos
C. Packaging:
C.1. Type: Vacuum Rice Bag
C.2. Materials: Nylon/ Polyethylene
C.3. Size: 11 in width x 14 in height (+/-
5% variance)
C.3. Seaming: Side and Bottom Seam:
10mm (+/- 2% variance)
C.4. Thickness: 150 microns (+/-5%
variance)
D. Shelf life: Rice must be free from
infestation within three (3) months from
the date of delivery.

2 CANNED CORNED BEEF Brand:


A. Type: Canned Corn Beef, Plain, (Not Detailed Specifications:
Guisado/Not Chunky/ Not Karne Norte),
Non-Easy Open Can
B. Unit of Measurement: Tins
C. Weight/tin: At least 150 grams
D. Labe/Marking Requirements
D.1. Certification: Certified Halal Product
printed on the product label.

2
IMPORTANT NOTE: Bidders must state here either “Comply” or “Not Comply” against each of the individual
parameters of each Specification stating the corresponding performance parameter of the equipment offered.
Statements of “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 manufacturer’s 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 Bidder's
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.

36
Item Bidder’s Specifications
No. Technical Specifications Statement of Compliance2
(Please indicate detailed/actual
specifications of the product being offered)

D.2. Nutritional Information: With


Nutritional information in the label based
on the nutritional daily allowance intake
based on DOH AO No. 2014-0030,
otherwise known as the "Rules and
Regulations Governing the Labeling of
Prepackaged Food Products Distributed in
the Philippines.”
D.3. Expiration: Should indicate expiry of
not less than 2 years from the date of
delivery
E. Packaging:
E.1. TIN CAN
E.2. Can Thickness: At least
 Top End: 0.14mm
 Bottom: 0.14mm
 Body: 0.14mm
E.3. No. of Beads: Minimum of 10 beads
F. Shelf Life: Must have a shelf life of not less
than two (2) years from the time of delivery.
G. Others Requirement: The brand must be
existing in the Philippine Market for at least
5 years.

3 CANNED TUNA FLAKES Brand:


A. Type: Canned Tuna Flakes, In Oil, Not Detailed Specifications:
Spicy, Non-easy/ Open Can (easy open if
non-easy open tin can is limited or not
available in the market)
B. Unit of Measurement: Tin
C. Weight/tin: At least 155 grams
D. Label/Marking Requirements
D.1. Certification: Certified Halal Product
printed on the product label.
D.2. Nutritional Information: With
Nutritional information in the label based on
the nutritional daily allowance intake based
on DOH AO No. 2014-0030, otherwise
known as the "Rules and Regulations
Governing the Labeling of Prepackaged

37
Item Bidder’s Specifications
No. Technical Specifications Statement of Compliance2
(Please indicate detailed/actual
specifications of the product being offered)

Food Products Distributed in the


Philippines.”
D.3. Expiration: Should indicate expiry of
not less than 2 years from the date of deliver
E. Packaging:
E.1. TIN CAN
E.2. Can Thickness: At least
 Top End: 0.14mm
 Bottom: 0.14mm
 Body: 0.14mm
E.3. No. of Beads: Minimum of 10 beads
F. Shelf Life: Must have a shelf life of not less
than two (2) years from the time of delivery.
G. Others Requirement: The brand must be
existing in the Philippine Market for at least
5 years.

4 CANNED SARDINES Brand:


A. Type: Canned Sardines, In Tomato Sauce, Detailed Specifications:
Not Spicy, Non-easy Open Can
B. Unit of Measurement: Tin
C. Weight/tin and Size of Sardines:
C.1. At least 155 grams
C.2. At least 3-4 pieces of sardines or
equivalent
C.3. Length of each cut of sardines must
be around 2 ½ - 3 ½ inches or equivalent
NOTE: Length of sardines less than the
minimum will be accepted provided that
the Aggregate length of the pieces of
sardines must not be less than the
minimum requirements (3 pieces x 2 ½
inches= 7.5 inches)
D. Label/Marking Requirements
D.1. Certification: Certified Halal Product
printed on the product label.
D.2. Nutritional Information: With
Nutritional information in the label based
on the nutritional daily allowance intake
based on DOH AO No. 2014-0030,
otherwise known as the "Rules and
Regulations Governing the Labeling of
Prepackaged Food Products Distributed in
the Philippines.”

38
Item Bidder’s Specifications
No. Technical Specifications Statement of Compliance2
(Please indicate detailed/actual
specifications of the product being offered)

D.3. Expiration: Should indicate expiry of


not less than 2 years from the date of deliver
E. Packaging:
E.1. TIN CAN
E.2. Can Thickness: At least
 Top End: 0.14mm
 Bottom: 0.14mm
 Body: 0.14mm
E.3. No. of Beads: Minimum of 10 beads
F. Shelf Life: Must have a shelf life of not less
than two (2) years from the time of delivery.
G. Others Requirement: The brand must be
existing in the Philippine Market for at
least 5 years.

5 INSTANT COFFEE Brand:


A. Type: Instant Coffee, 3-in-1 Mix (Coffee, Detailed Specifications:
Sugar and Creamer)
B. Unit of Measurement: Sachet
C. Weight: At least 20 grams
D. Label/Marking Requirements
D.1. Certification: Certified Halal
Product printed on the product label.
D.2. Nutritional Information: With
Nutritional information in the label
based on the nutritional daily allowance
intake based on DOH AO No. 2014-0030,
otherwise known as the "Rules and
Regulations Governing the Labeling of
Prepackaged Food Products Distributed
in the Philippines.”
D.3. Expiration: should have expiration
date printed on the product label
E. Packaging: Twin pack is acceptable. One
twin pack is equivalent to two sachets.
F. Shelf Life: Must have a shelf life of not
less than one (1) year from the time of
delivery.
G. Others Requirement: The brand must
be existing in the Philippine Market for at
least 5 years.

39
Item Bidder’s Specifications
No. Technical Specifications Statement of Compliance2
(Please indicate detailed/actual
specifications of the product being offered)

6 INSTANTCHOCO MALT Brand:


A. Type: Instant Choco Malt Detailed Specifications:
B. Unit of Measurement: Sachet
C. Weight: At least 20 grams
D. Label/Marking Requirements
D.1. Certification: Certified Halal Product
printed on the product label.
D.2. Nutritional Information: With
Nutritional information in the label based
on the nutritional daily allowance intake
based on DOH AO No. 2014-0030,
otherwise known as the "Rules and
Regulations Governing the Labeling of
Prepackaged Food Products Distributed in
the Philippines.”
D.3. Expiration Date: should have
expiration date printed on the product label
E. Shelf Life: Must have a shelf life of not less
than nine (9) months from the time of
delivery.
F. Others Requirement: The brand must be
existing in the Philippine Market for at least
3 years.

7 PRODUCT PACKAGING Brand:


1. Regular Slotted Carton (RSC) Detailed Specifications:
A. Type: Regular Slotted Carton (RSC)
B. Dimension: 395mm L x 295mm W x
130mm H (+/- 5% variance)
C. Thickness: 7mm (+/- 10% variance)
D. Flute: B and C
E. Walling: Double
F. Scoring: Double
G. Flap: 5mm (+/-10% variance)
H. Wax: Waxed Inside and unwaxed
outside
I. Markings: Must include required DSWD
markings (see Annex A -
ILLUSTRATIONS)
J. Other Descriptions: Must submit
certificate of RSC analysis from third
party laboratory with a minimum burst
strength of 140PSI

2. Packaging Tape

40
Item Bidder’s Specifications
No. Technical Specifications Statement of Compliance2
(Please indicate detailed/actual
specifications of the product being offered)

A. Type: Packaging Tape


B. Unit of Measure: Roll
C. Width: 48mm (-/+ 5% variance)
D. Length: 100 m (-/+5% variance)
E. Thickness: at least 50 microns (-/+2%
variance)
F. Core Inside Diameter: at least 76 mm
(-/+2% variance)
G. Color: Transparent/Clear
H. Other Description: Industrial/shipping
grade tape with strong adhesion

3. Stretch Film
A. Type: Stretch Film, Plastic Wrapper for
Pallet
B. Unit of Measure: Roll
C. Weight: Not less than two (2) kilos
(Including paper core)
D. Width: 500 mm (-/+ 2% variance)
E. Thickness: 15 microns (-/+2% variance)
F. Core Inside Diameter: 76 mm (-/+ 2%
variance)
G. Other Description: Elastic

41
Annex A - ILLUSTRATIONS

A. RSC DIMENSION

H: 130 mm

L: 395 mm

W: 295 mm

B. PRINTS AND MARKINGS

B1. Front/Back and Side Views

1
2
3

4
5

Note: Please refer to numbering in the RSC pictures as reference for the print
and print details.

FRONT AND SIDE VIEWS DETAILS


No. PRINT/SYMBOLS PRINT/SYMBOLS DETAILS
1 DSWD LOGO Size/Print Area:
Size: 20.5 L x 5.5 cm H
(+/-5% Variance)
Color: Red, Yellow and Blue
2 NOT FOR SALE SYMBOL Size/Print Area:
5 cm L x 6 cm H
Color: as shown
3 RELIEF SUPPLIES (at front view) Size/Print Area:
Size: 20.7 cm L x 2.5 cm H
(+/-5% Variance)
Color: Red
4 WARNING: Size/Print Area:
14 cm L x 6 cm H

42
Repacking of goods from its (+/-5% Variance), Single Spacing,
original DSWD package is a Centered
criminal offense under DRRM Act Color: Blue
of 2010, and shall be meted with
appropriate charges (at the flap)
5 (Symbols on Proper Handling of See Illustration B3 for symbols
Product) (International Symbols on Proper
Handling of Product) located at sides.

B2. Top View

8 2
7 3
6 4
5
9

13
12
11 10

Note: Please refer to numbering in the RSC pictures as reference for the print
and print details

TOP VIEW DETAILS


PRINT/SYMBOLS PRINT/SYMBOL DETAILS
1 WARNING: Repacking of Size/Print Area:
goods from its original 27 cm L x 0.5 cm H
DSWD package is a (+/-5% Variance), Single Line
criminal offense under Color: Blue
DRRM Act of 2010, and
shall be meted with
appropriate charges.
2 HANDLE WITH CARE Size/Print Area:
Size: 22 cm L x 1.5 cm H
(+/-5% Variance)
Color: Blue
3 RELIEF SUPPLIES Size/Print Area:
Size: 16 cm L x 1.3 cm H
(+/-5% Variance)
Color: Red
4 NOT FOR SALE (at Flap) Size/Print Area:
Size: 15 cm L x 1.5 cm H
(+/-5% Variance)
Color: Red

43
5 (Symbols on Proper See Illustration B3 for symbols (International Symbols
Handling of Product) on Proper Handling of Product) located at top.
6 (Symbols on Proper See Illustration B3 for symbols (International Symbols
Handling of Product) on Proper Handling of Product) located at top.
7 NOT FOR SALE SYMBOL Size/Print Area:
Size/Print Area:
5 cm L x 6 cm H
Color: as shown
8 DSWD LOGO Size/Print Area:
Size: 3 cm x 3 cm
(+/-5% Variance)
Color: Red, Yellow and Blue
9 (Symbols on Proper See Illustration B3 for symbols (International Symbols
Handling of Product) on Proper Handling of Product) located at top.
10 EXPIRATION DATE and Size/Print Area:
BATCH NUMBER Size: 13 cm L x 3 cm H (+/-5% variance)
11 (Symbols on Proper See Illustration B3 for symbols (International Symbols
Handling of Product) on Proper Handling of Product) located at top.
12 NOT FOR SALE SYMBOL Size/Print Area:
Size/Print Area:
5 cm L x 6 cm H
Color: as shown
13 DSWD LOGO Size/Print Area:
Size: 3 cm x 3 cm
(+/-5% Variance)
Color: Red, Yellow and Blue

ILLUSTRATION B3 - INTERNATIONAL SYMBOLS ON PROPER HANDLING OF


PRODUCT (located at flaps and sides, as shown)

Name: _____________________________________________________________________
Legal Capacity: ______________________________________________________________
Signature: __________________________________________________________________
Duly authorized to sign the Bid for and behalf of: ____________________________________
Date: __________________________________

44
Section VIII. Checklist of Technical and
Financial Documents

45
Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

Class “A” Documents


Legal Documents
⬜ (a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages)
in accordance with Section 8.5.2 of the IRR;

Technical Documents
⬜ (b) 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
⬜ (c) 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 the
relevant period as provided in the Bidding Documents; and
⬜ (d) 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
⬜ (e) Conformity with the Technical Specifications, which may include
production/delivery schedule (Section VI. Schedule of Requirement -
Framework Agreement List), manpower requirements, and/or after-
sales/parts, if applicable; and
⬜ (f) Original duly signed Omnibus Sworn Statement (OSS);
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney 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
⬜ (g) The prospective bidder’s computation of Net Financial Contracting Capacity
(NFCC) or A committed Line of Credit from a Universal or Commercial
Bank in lieu of its NFCC computation.

Class “B” Documents

⬜ (h) 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 stating that they will enter into and abide by
the provisions of the JVA in the instance that the bid is successful.

II. FINANCIAL COMPONENT ENVELOPE


⬜ (i) Original of duly signed and accomplished Financial Bid Form; and

⬜ (j) Original of duly signed and accomplished Price Proposal Form; and

46
⬜ (k) Original of duly signed and accomplished Price Schedule(s).

Other documentary requirements under RA No. 9184 (as applicable)


⬜ (l) [For foreign bidders claiming by reason of their country’s extension of
reciprocal rights to Filipinos] Certification from the relevant government
office of their country stating that Filipinos are allowed to participate in
government procurement activities for the same item or product.
⬜ (m) Certification from the DTI if the Bidder claims preference as a Domestic
Bidder or Domestic Entity.

47
Section IX. Bidding Forms

48
Bid Form for the Procurement of Goods
[shall be submitted with the Bid]
_________________________________________________________________________

BID FORM
Date : _________________
Project Identification No. : ITB NO. GOP/22-DSWD-052

To: [name and address of Procuring Entity]

Having examined the Philippine Bidding Documents (PBDs) including the


Supplemental or 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 PBDs for the sum of [total Bid amount in words and
figures] or the total calculated bid price, as evaluated and corrected for computational errors,
and other bid modifications in accordance with the Price Schedules attached herewith and made
part of this Bid. The total bid price includes the cost of all taxes, such as, but not limited to:
[specify the applicable taxes, e.g. (i) value added tax (VAT), (ii) income tax, (iii) local taxes,
and (iv) other fiscal levies and duties], which are itemized herein or in the Price Schedules,

If our Bid is accepted, we undertake:

a. to deliver the goods in accordance with the delivery schedule specified in the
Schedule of Requirements of the Philippine Bidding Documents (PBDs);

b. to provide a performance security in the form, amounts, and within the times
prescribed in the PBDs;

c. to abide by the Bid Validity Period specified in the PBDs and it shall remain
binding upon us at any time before the expiration of that period.

Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and your Notice of Award, shall be binding upon us.

We understand that you are not bound to accept the Lowest Calculated Bid or any Bid
you may receive.

We certify/confirm that we comply with the eligibility requirements pursuant to the


PBDs.

The undersigned is authorized to submit the bid on behalf of [name of the bidder] as
evidenced by the attached [state the written authority].

We acknowledge that failure to sign each and every page of this Bid Form, including the
attached Schedule of Prices, shall be a ground for the rejection of our bid.

49
Name: ___________________________________________________________________
Legal capacity: _____________________________________________________________
Signature: ________________________________________________________________
Duly authorized to sign the Bid for and behalf of: __________________________________
Date: ___________________

50
Price Proposal Form

Date:

Invitation to Bid No: GOP/22-DSWD-052

Procurement of Prepacked Family Food Packs Through


Framework Agreement for CY 2023
Lot Unit Price Total Price
Particulars Quantity
No. (in Phil Peso) (in Phil Peso)
1 Pre-Packed Family 250,000 packs
Food Pack
Components:
Vacuum-Packed Rice -
6 kilos or equivalent (2
packs of 3 kilos
Vacuum-Packed Rice)
Canned Corned Beef - 4
tins
Canned Tuna - 4 tins
Canned Sardines - 2 tins
Instant Coffee, 3 in 1 - 5
sachets
Instant Choco Malt
Drink - 5 sachets
Regular Slotted Carton
(Packaging) - 1 piece

TOTAL CONTRACT PRICE

NOTE: In case of discrepancy between unit price and total price, the unit price will prevail.
Contract Price per item is inclusive of all applicable taxes.

Name: ___________________________________________________________________
Legal capacity: _____________________________________________________________
Signature: ________________________________________________________________
Duly authorized to sign the Bid for and behalf of: __________________________________
Date: ___________________

51
Price Schedule for Goods Offered from Within the Philippines
[shall be submitted with the Bid if bidder is offering goods from within the Philippines]
______________________________________________________________________________

For Goods Offered from Within the Philippines

Name of Bidder _______________ Project ID No. ITB No. GOP/22-DSWD-052 Page ___of___

1 2 3 4 5 6 7 8 9 10

Item Description Country Quantity Unit Transportation Sales and Cost of Total Price, Total Price
of origin price and all other other taxes Incidental per unit delivered
EXW costs incidental payable if Services, if Final
per to delivery, per Contract is applicable, (col Destination
item item awarded, per item 5+6+7+8)
per item (col 9) x
(col 4)

Name: ___________________________________________________________________

Legal Capacity: ____________________________________________________________

Signature: ________________________________________________________________

Duly authorized to sign the Bid for and behalf of: __________________________________

52
Price Schedule for Goods Offered from Abroad
[shall be submitted with the Bid if bidder is offering goods from Abroad]
______________________________________________________________________________

For Goods Offered from Abroad

Name of Bidder _______________ Project ID No. ITB No. GOP/22-DSWD-052 Page ___ of ___

1 2 3 4 5 6 7 8 9

Item Description Country Quantity Unit price CIF Total CIF Unit Price Unit price Total Price
of origin port of entry Delivered Delivered delivered
or CIP
(specify port) or Duty Unpaid Duty Paid DDP
price per
(DDU) (DDP) (col 4 x 8)
CIP named place item

(specify border (col. 4 x


point or place of 5)
destination)

Name: ___________________________________________________________________

Legal Capacity: ____________________________________________________________

Signature: ________________________________________________________________

Duly authorized to sign the Bid for and behalf of: __________________________________

53
Bid Securing Declaration Form
[shall be submitted with the Bid if bidder opts to provide this form of bid security]
_________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)


CITY OF _______________________) S.S.

BID SECURING DECLARATION


Project Identification No.: [Insert 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
procurement contract with any procuring entity for a period of two (2) years upon receipt
of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section
6 of the Guidelines on the Use of Bid Securing Declaration, within fifteen (15) days from
receipt of the written demand by the procuring entity for the commission of acts resulting
to the enforcement of the bid securing declaration under Sections 23.1(b), 34.2, 40.1 and
69.1, except 69.1(f),of the IRR of RA No. 9184; without prejudice to other legal action the
government may undertake.
3. I/We understand that this Bid Securing Declaration shall cease to be valid on the following
circumstances:
a. Upon expiration of the bid validity period, or any extension thereof pursuant to your
request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such
effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a
waiver to avail of said right; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid, and I/we
have furnished the performance security and signed the Contract.

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

[Insert NAME OF BIDDER OR ITS AUTHORIZED


REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

54
Framework Agreement

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into by and between [name of PROCURING
ENTITY], of the Philippines with office address at __________________________,
represented herein by ____________________, _______________________ and hereinafter
referred to as the “THE PROCURING ENTITY”.

and

[name of SUPPLIER], a duly registered entity existing under the laws of the
Philippines, with postal address at _________________________________, represented by its
______________________, __________________________, hereinafter referred to as the
“THE SUPPLIER”,

WITNESSETH, that:

WHEREAS, THE PROCURING ENTITY decided to use Framework Agreement on


its procurement project __________________________________________;

WHEREAS, this Agreement is for the option to purchase of goods determined to be


necessary and desirable to address and satisfy the needs of THE PROCURING ENTITY but
by its nature, use or characteristic, the quantity and/or exact time of need cannot be accurately
pre-determined;

WHEREAS, THE PROCURING ENTITY has the option to purchase the items
provided in the Framework Agreement List, attached and made an integral part of this
Agreement as provided in Article I, on a date and time to be determined in the Call-Off to be
issued for such purpose by THE PROCURING ENTITY; and

WHEREAS, THE SUPPLIER which passed the eligibility screening conducted by


THE PROCURING ENTITY, shall maintain and update the eligibility requirements during
period of this Agreement and shall honor all obligations under this Framework Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

Article I
GENERAL CONSIDERATIONS

1. This Framework Agreement is an option contract. THE PROCURING ENTITY is given


the option to either purchase the identified items in the Framework Agreement or not to
purchase at all. The discretion to exercise the option falls solely with THE PROCURING
ENTITY. THE SUPPLIER may not require or demand for the latter to purchase the items
in the Framework Agreement List.

55
2. In this Framework Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract which is attached thereto and
made and integral part thereof.

3. The following documents shall be deemed to form and be read and construed as part of this
Agreement:
(a) the Supplier’s Bid, including the Technical and Financial Proposals, and all other
documents/statements submitted (e.g. bidder’s response to clarifications on the
bid), including corrections to the bid resulting from the Procuring Entity’s bid
evaluation;
(b) the Schedule of Requirements (Framework Agreement List) and the Technical
Specifications;
(c) the General Conditions of Contract;
(d) the Special Conditions of Contract;
(e) the Performance Security or Performance Securing Declaration;
(f) the Procuring Entity’s Notice to Execute Framework Agreement; and
(g) Call-Offs

Article II
DURATION

The term of this Agreement is a Single-Year Framework Agreement which shall


commence from the receipt of Initial Call-Off until 31 December 2022 or upon consumption
of the total quantity for each item, whichever comes first.

Article III
CONSIDERATION

For the consideration of one peso (Php1.00), THE PROCURING ENTITY have the
option to purchase any or all of the items in the Framework Agreement List through the
issuance of Call-off and THE SUPPLIER commits to deliver the goods and perform the
services subject to the conditions of the Call-off.

Article IV
PERFECTION OF PROCUREMENT CONTRACT

The Framework Agreement being an option contract, a procurement contract is


perfected only when THE PROCURING ENTITY exercises the option to procure any item
from the Framework Agreement List through the issuance of a Call-off.

Article V
OBLIGATION TO ANSWER A CALL-OFF

Once THE PROCURING ENTITY issues a Call-off, THE SUPPLIER is bound to


deliver the goods or perform the services identified at the time and date specified in the Call-
off.

56
Failure on the part of THE SUPPLIER to deliver goods or perform the services shall
warrant forfeiture of performance security or performance securing declaration and imposition
of liquidated damages as provided for in the Guidelines on use of Framework Agreement by
all Procuring Entities without prejudice to all other applicable sanctions.

Article VI
TERMS AND CONDITIONS

The terms and conditions of this Framework Agreement shall be governed by


Guidelines on the Use of Framework Agreement by all Procuring Entity and all relevant
issuance of the GPPB.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be


executed in accordance with the laws of the Republic of the Philippines, on the day and year
first above written.

Signed, sealed, delivered by _______________ the ____________ (for the Procuring Entity)

Signed, sealed, delivered by _______________ the ____________ (for the Suuplier)

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

57
Omnibus Sworn Statement (Revised)
[shall be submitted with the Bid]
_________________________________________________________________________

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 or authorized representative 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, or authorized representative
of [Name of Bidder], I have full power and authority to do, execute and perform any and
all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract
for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached
duly notarized Special Power of Attorney;

[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 to participate, submit the
bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of
the Procuring Entity], as shown in the attached [state title of attached document showing
proof of authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership
Resolution, or Special Power of Attorney, whichever is applicable;)];

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, by itself or by
relation, membership, association, affiliation, or controlling interest with another
blacklisted person or entity as defined and provided for in the Uniform Guidelines on
Blacklisting;

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;

58
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized
representative(s) to verify all the documents submitted;

6. [Select one, delete the rest:]

[If a sole proprietorship:] The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical
Working Group, and the BAC Secretariat, the head of the Project Management Office or
the end-user unit, and the project consultants by consanguinity or affinity up to the third
civil degree;

[If a 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 responsibilities as a Bidder in


compliance with the Philippine Bidding Documents, which includes:

a. Carefully examining all of the Bidding Documents;


b. Acknowledging all conditions, local or otherwise, affecting the implementation of the
Contract;
c. Making an estimate of the facilities available and needed for the contract to be bid, if
any; and
d. Inquiring or securing Supplemental/Bid Bulletin(s) issued for the [Name of the
Project].

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount, fee,
or any form of consideration, pecuniary or otherwise, to any person or official, personnel
or representative of the government in relation to any procurement project or activity.

10. In case advance payment was made or given, failure to perform or deliver any of the
obligations and undertakings in the contract shall be sufficient grounds to constitute
criminal liability for Swindling (Estafa) or the commission of fraud with
unfaithfulness or abuse of confidence through misappropriating or converting any
payment received by a person or entity under an obligation involving the duty to
deliver certain goods or services, to the prejudice of the public and the government of
the Philippines pursuant to Article 315 of Act No. 3815 s. 1930, as amended, or the
Revised Penal Code.

59
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at
____________, Philippines.

[Insert NAME OF BIDDER OR ITS AUTHORIZED


REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

60
Statement of All On-Going Government and Private Contracts, Including
Contracts Awarded but Not Yet Started, Whether Similar or Not Similar
in Nature and Complexity to the Contract to be Bid

Business Name: _______________________________________


Business Address: _____________________________________

A. Government

Nature a. Owner’s Project Bidder’s Role a. Date % of Value of


of Name Cost Awarded Accomplishment Outstanding
Contract b. Address b. Date Started Works
(Project c. Contact Description % c. Target Date Planned Actual (Undelivered
Title) Nos. of Completion Portion)
1. a. a.
b. b.
c. c.

2. a. a.
b. b.
c. c.

B. Private

Nature a. Owner’s Project Bidder’s Role a. Date % of Value of


of Name Cost Awarded Accomplishment Outstanding
Contract b. Address b. Date Started Works
(Project c. Contact Description % c. Target Date Planned Actual (Undelivered
Title) Nos. of Completion Portion)
1. a. a.
b. b.
c. c.

2. a. a.
b. b.
c. c.

Note: The following documents must be available upon request of the Bids and Award
Committee (BAC) or designated Technical Working Group (TWG) during Post-Qualification
to support this statement: (a) Contract or Purchase Order, or (b) Official Receipt(s) or Sales
Invoice or (c) User’s Certificate of Acceptance/Completion

Name of Bidder: ____________________________________________________________

Name of Authorized Representative: _____________________________________________

Signature of Authorized Representative: __________________________________________

Date: ____________________________

61
Statement of Single Largest Completed Contract (SLCC)3 Similar to the
Contract to be Bid

Business Name: _______________________________________


Business Address: _____________________________________

Nature of a. Owner’s Name Project Bidder’s Role a. Date Awarded


Contract b. Address Cost b. Date Started
(Project Title)
c. Contact Nos. Description % c. Date Completed
a. a.
b. b.
c. c.

Note: The following documents must be attached to support this statement: (a) Official
Receipt(s) or Sales Invoice or (b) User’s Certificate of Acceptance/Completion

Name of Bidder: ____________________________________________________________

Name of Authorized Representative: _____________________________________________

Signature of Authorized Representative: __________________________________________

Date: ____________________________

3
The Bidder must have completed, within the period specified in the Invitation to Bid and ITB Clause 5.3, a single
contract that is similar to the project to be bid, equivalent to a percentage (%) of the ABC specified in ITB Clause
5.3.

62
Performance Securing Declaration (Revised)
[if used as an alternative performance security but it is not required to be submitted with the Bid, as it shall
be submitted within ten (10) days after receiving the Notice of Award]
_________________________________________________________________________

REPUBLIC OF THE PHILIPPINES)


CITY OF _____________________ ) S.S.

PERFORMANCE SECURING DECLARATION

Invitation to Bid: [Insert Reference Number indicated in the Bidding Documents]


To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, to guarantee the faithful


performance by the supplier/distributor/manufacturer/contractor/consultant of its
obligations under the Contract, I/we shall submit a Performance Securing Declaration
within a maximum period of ten (10) calendar days from the receipt of the Notice of
Award prior to the signing of the Contract.

2. I/We accept that: I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of one (1) year for the first
offense, or two (2) years for the second offense, upon receipt of your Blacklisting
Order if I/We have violated my/our obligations under the Contract;

3. I/We understand that this Performance Securing Declaration shall cease to be valid
upon:

a. issuance by the Procuring Entity of the Certificate of Final Acceptance, subject to


the following conditions:
i. Procuring Entity has no claims filed against the contract awardee;
ii. It has no claims for labor and materials filed against the contractor; and
iii. Other terms of the contract; or

b. replacement by the winning bidder of the submitted PSD with a performance


security in any of the prescribed forms under Section 39.2 of the 2016 revised IRR
of RA No. 9184 as required by the end-user.

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

[Insert NAME OF BIDDER OR ITS


AUTHORIZED REPRESENTATIVE]
[Insert signatory’s legal capacity]
Affiant

[Jurat]
[Format shall be based on the latest Rules on Notarial Practice]

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