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UNIVERSITY OF THE

PHILIPPINES OPEN UNIVERSITY

PHILIPPINE BIDDING
DOCUMENTS
for

Supply of Labor and Materials for


the Installation of Air-conditioning
Units at the Teaching and
Learning Hub and Main Building
Sixth Edition
July 2020

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Table of Contents

Section I. Invitation to Bid for....................................................................................................4


Section II. Instructions to Bidders..............................................................................................6
1. Scope of Bid 6
2. Funding Information 6
3. Bidding Requirements 6
4. Corrupt, Fraudulent, Collusive, and Coercive Practices 6
5. Eligible Bidders 6
6. Origin of Goods 7
7. Subcontracts 7
8. Pre-Bid Conference 7
9. Clarification and Amendment of Bidding Documents 7
10. Documents comprising the Bid: Eligibility and Technical Components 8
11. Documents comprising the Bid: Financial Component 8
12. Bid Prices 8
13. Bid and Payment Currencies 9
14. Bid Security 9
15. Sealing and Marking of Bids 9
16. Deadline for Submission of Bids 10
17. Opening and Preliminary Examination of Bids 10
18. Domestic Preference 10
19. Detailed Evaluation and Comparison of Bids 10
20. Post-Qualification 11
21. Signing of the Contract 11
Section III. Bid Data Sheet.......................................................................................................12
Section IV. General Conditions of Contract.............................................................................13
1. Scope of Contract 13
2. Advance Payment and Terms of Payment 13
3. Performance Security 13
4. Inspection and Tests 13
5. Warranty 14
6. Liability of the Supplier 14
Section V. Special Conditions of Contract...............................................................................15
Section VI. Schedule of Requirements.....................................................................................18
Section VII. Technical Specifications......................................................................................19
Section VIII. Checklist of Technical and Financial Documents..............................................26
SECRETARY’S CERTIFICATE.....................................................................................................33
SPECIAL POWER OF ATTORNEY..............................................................................................34

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NET FINANCIAL CONTRACTING CAPACITY................................................................35
FINANCIAL BID FORM......................................................................................................37
Price Schedule.........................................................................................................................39
For Goods Offered from Abroad..........................................................................................39
For Goods Offered from Within the Philippines.................................................................40
Sealing and Marking of Bids....................................................................................................41

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UNIVERSITY OF THE PHILIPPINES
OPEN UNIVERSITY

Section I. Invitation to Bid for


Supply of Labor and Materials for the
Installation of Air-conditioning Units at the
Teaching and Learning Hub and Main Building
The UP Open University, through the Government of the Philippines (GOP)
Revolving Fund intends to apply the sum of Seven Hundred Eighty-One Thousand Three
Hundred Twelve Pesos and Ninety-Six Centavos (PhP781,312.96) being the Approved
Budget for the Contract (ABC) to payments under the contract for “Supply of Labor and
Materials for the Installation of Air-conditioning Units at the Teaching and Learning
Hub and Main Building” (IB No. 23-04-002). Bids received in excess of the approved
budget for the contract (ABC) shall be automatically rejected at bid opening.

The UPOU now invites bids for the above Procurement Project. Supply, Delivery and
Installations of ACCU is required by 15-45 days upon receipt of Notice to Proceed and
Purchase Order. 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.

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.

Prospective Bidders may obtain further information from the BAC Secretariat and
inspect the bidding documents at the address given below from 8:00 AM to 5:00 PM,
Monday to Friday.

A complete set of Bidding Documents may be acquired by interested bidders from the
address below and upon payment of the applicable fee pursuant to the latest Guidelines
issued by the GPPB in the amount of Eight Hundred Pesos (PhP 800.00). UPOU shall
allow the bidder to present its proof of payment for the fees in person, by facsimile or
through electronic means.

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Bids must be duly received by the BAC Secretariat through manual submission at the
office address indicated below as indicated below on or before 4 May 2023, 12:00 NN.

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

Bid opening shall be on 4 May 2023, 1:30 PM at the given address below and/or via
video conferencing or any other means. Bids will be opened in the presence of the bidders’
representatives who choose to attend the activity.

Late bids shall not be accepted.

The UPOU 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.

For further information, please refer to:

MS. ELVY A. PAMULAKLAKIN


Head, Bids and Awards Committee (BAC) Secretariat
UPOU Headquarters, Los Baños, Laguna
Telephone No.: (049) 536-6001-06 local 210-211
Telefax No.: (049) 536-5991
Email: [email protected]

You may visit the following websites:

For downloading of Bidding Documents: https://www.upou.edu.ph/bids-and-awards-


committee/

25 April 2023

(SGD) Dr. PRIMO G. GARCIA


Chair
Bids and Awards Committee

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Section II. Instructions to Bidders
1. Scope of Bid
The Procuring Entity, UPOU wishes to receive Bids for the Supply of Labor and
Materials for the Installation of Air-conditioning Units at the Teaching and
Learning Hub and Main Building, with identification number IB No. 23-04-002.

The Procurement Project (referred to herein as “Project”) is composed of several


items, 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 in the amount of
PhP781,312.96.

2.2. The source of funding is Revolving Fund.

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.
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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:

a. For the procurement of Non-expendable Supplies and Services: The


Bidder must have completed a single contract that is similar to this
Project, equivalent to at least fifty percent (50%) of the ABC.

5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of
the 2016 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 subcontractors, its agents, servants,
or workmen as fully as if there were the Supplier’s own acts, defaults, or
negligence, or those of its agents, servant, 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, UPOU Headquarters, Los Banos,
Laguna 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.

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10. Documents comprising the Bid: Eligibility and Technical Components

10.1. The first envelope shall contain the eligibility and technical documents of the
Bid as specified in Section VIII (Checklist of Technical and Financial
Documents).

10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been
completed within 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.

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 e.

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


Section VII (Technical Specifications).

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.

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

14. Bid Security


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

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

15. Sealing and Marking of Bids


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

The Procuring Entity may request additional hard copies and/or electronic copies of
the Bid. 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.

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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.

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.

19. Detailed Evaluation and Comparison of Bids

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

19.2. If the Project allows partial bids, bidders may submit a proposal on any of 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 15
shall be submitted for each lot or item separately.

19.3. The descriptions of the lots or items shall be indicated in Section VII
(Technical Specifications), although the ABCs of these lots or items are
indicated in the BDS for purposes of the NFCC computation pursuant to
Section 23.4.2.6 of 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.

19.4. The Project shall be awarded as one Lot.

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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
20.2. 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, 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.

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.

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

a. Supply, delivery and installations of air-conditioning units.

b. completed within five (5) years prior to the deadline for the submission
and receipt of bids.
7.1 No additional requirement.

12 The price of the Goods shall be quoted DDP at UP Open University


Headquarters, 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 ₱15,626.26 [(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 ₱39,065.65 [(5%) of ABC] if bid security is
in Surety Bond.

19.3 No additional requirement.

20.2 (a) Latest income and business tax returns filed and paid through the BIR
Electronic Filing and Payment System (eFPS)

(b) Current year’s Mayor’s Permit

(c) UP System Questionnaire

(d) Other appropriate valid licenses and permits required by law, if applicable

21.2 No additional requirement.

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Section IV. General Conditions of Contract
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.

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

4. Inspection and Tests


The Procuring Entity or its representative shall have the right to inspect and/or to test
the Goods to confirm their conformity to the Project specifications at no extra cost to
the Procuring Entity in accordance with the Generic Procurement Manual. In addition
to tests in the SCC, Section IV (Technical Specifications) shall specify 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.

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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

6.1. In order to assure that manufacturing defects shall be corrected by the


Supplier, a warranty shall be required from the Supplier as provided under
Section 62.1 of the 2016 revised IRR of RA No. 9184.

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

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Section V. 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:

a. The delivery terms applicable to this Contract are delivered to UPOU


Headquarters, Los Baños, Laguna. Risk and title will pass from the
Supplier to the UPOU upon receipt and final acceptance of the Goods
at their final destination.

Delivery of the items shall be made by the Supplier in accordance with the
terms specified in Section VI. (Schedule of Requirements).

For the purposes of this Clause, the UPOU’s End-users Representatives are
Ms. Lilian A. Diamante, Ms. Lorelie Mones, Ms. Jennifer Pareja and Ms.
Wyomia Pradas

Incidental Services

The Supplier is required to provide all of the following services, including


additional services, if any, specified in Section VI. Schedule of Requirements:

b. performance or supervision of on-site assembly and/or start-up of


the supplied Goods;

c. furnishing of tools required for assembly and/or maintenance of the


supplied Goods;

d. furnishing of a detailed operations and maintenance manual


for each appropriate unit of the supplied Goods;

e. performance or supervision or maintenance and/or repair of the


supplied Goods, for a period of time agreed by the parties,
provided that this service shall not relieve the Supplier of any
warranty obligations under this Contract; and

f. training of the Procuring Entity’s personnel, at the Supplier’s plant


and/or on-site, in assembly, start-up, operation, maintenance,
and/or repair of the supplied Goods.

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

Spare Parts –

The Supplier is required to provide the following materials, notifications, and


information pertaining to spare parts manufactured or distributed by the
Supplier:

a. such spare parts as the Procuring Entity may elect to purchase from
the Supplier, provided that this election shall not relieve the Supplier
of any warranty obligations under this Contract; and
b. in the event of termination of production of the spare parts:

i. advance notification to the UPOU of the pending termination, in


sufficient time to permit the UPOU to procure needed
requirements; and

ii. following such termination, furnishing at no cost to the UPOU,


the blueprints, drawings, and specifications of the spare parts, if
requested.

The spare parts and other components required are listed in Section VI
(Schedule of Requirements) and the cost thereof are included in the contract
price.

The Supplier shall carry sufficient inventories to assure ex-stock supply of


consumable spare parts or components for the Goods for a period of three
times the warranty period.

Spare parts and components shall be supplied as promptly as possible, but in


any case, within one week or seven (7) days after placing the order.

Packaging –

The Supplier shall provide such packaging as required to prevent their damage
or deterioration during transit to their final destination, as indicated in this
Contract. The packaging shall be sufficient to withstand, without limitation,
rough handling during transit and exposure to extreme temperatures, salt and
precipitation during transit, and open storage. Packaging case size and weights
shall take into consideration, where appropriate, the remoteness of the final
destination and the absence of heavy handling facilities at all points in transit.

Insurance –
The items supplied under this Contract shall be fully insured by the Supplier in
a freely convertible currency against loss or damage incidental to manufacture
or acquisition, transportation, storage, and delivery. The items remain at the
risk and title of the Supplier until their final acceptance by the UPOU.

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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.

UPOU 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 –


The Supplier shall indemnify the UPOU 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 No additional instruction.

4 The inspections and tests that will be conducted are inspection of the
completeness of the technical requirements in Section VI.

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Section VI. Schedule of Requirements
The delivery schedule expressed as days/weeks/months stipulates hereafter a delivery date
which is the date of delivery to the project site.

Delivery Period.
Item days upon receipt of
Description Quantity Total
Number Notice to Proceed and
Purchase Order
Supply of Labor and Materials for the Installation of Air-conditioning Units at the
Teaching and Learning Hub and Main Building

1 ACCU at the FED Office (TLH) 3 units 15-45

2 ACCU at the FICS Office (TLH) 1 unit 15-45

3 ACCU at the FMDS Office (TLH) 3 units 15-45

4 ACCU at the Server Room, 1 unit 15-45


OVCFA (Main Bldg.)

5 ACCU at the Legal Office and 1 unit 15-45


FMDS Faculty Secretary Office
(Main Bldg.)

18
UPOU BAC Form No. 4
Revised 09/2020

Section VII. Technical Specifications


Statement of
Item Specification
Compliance
1 Supply of Labor and Materials for the Installation of 3 Units of FCU and
ACCU at the FED Offices – P217,658.76

Scope of Works:
I. INSTALLATION OF 3 UNITS OF FCU AND ACCU FOR THE FED
OFFICES (ROOM 4, ROOM 5 AND ROOM 6) AT THE TLH BUILDING

A.) DISMANTLING, CLEANING AND RESTORATION


1. Dismantling of existing Old units of FCU (wall mounted indoor unit), and
its ACCU together with its accessories and copper pipes in Room 4, Room
5, and Room 6 of FED offices.
2. Restoration and cleaning of areas during and after the execution of works.

B.) SUPPLY AND INSTALLATION


1. Supply and Installation of 1 Unit each of FCU (Indoor unit) Wall
Mounted, Inverter, Split-type, 1.5Hp, 1PH, 60Hz, Cooling Capacity 12,100
Btu/Hr, EER 6.4 at Room 4, Room 5 and Room 6.
2. Installation of 3 ACCU (Outdoor unit) of the aircon outside Room 4,
Room 5 and Room 6.
3. Installation of copper tube and drain pipes of the FCU unit.
4. Installation of fabricated angle bar (Pre-painted primer epoxy) for the
foundation of the ACCU.
5. Provision of Nema 3R Enclosure (to be placed approximately 1 meter
away from the outdoor units) for the circuit breakers of ACCU Units.
6. Layout and Termination of Electrical wiring (together with its grounding)
and Liquid tight flexible conduit with connector to its respective circuit
breaker and ACCU unit.
7. Testing and Commissioning (Leak Testing and Correction, System
flushing and Vacuuming, Insulation Resistance Test included).
8. Termination and provision of 2 ACCU circuit breakers to the distribution
panel of the closest EE Room.

C.) Other works not mentioned but necessary to complete the work are
included in this Contract. Restoration of damaged areas due to the execution of
the works shall be done by the Contractor without cost to UPOU.

D.) Quality Assurance Provision


All works relative to the above project shall be assured of its quality/above
par workmanship acceptable to UPOU. Any defects/flaws discovered shall be
rectified the soonest possible time by the Contractor. Certification thereof shall
be submitted duly signed and sealed by the manager or the authorized
representative. Branded or approved equal to the ACCU (made in Japan,
Germany, Korea or USA). Brand must be existing/present in the Philippine
Market for at least 10 yrs, has an existing office in the Philippines and has been
established in the Philippines.

19
2 Supply of Labor and Materials for the Installation of 1 Unit of FCU and
ACCU at the FICS Office – P77,700.00

Scope of Works:
I. INSTALLATION OF 1 UNIT OF FCU AND ACCU FOR THE FICS
OFFICE (ROOM 28) AT THE TLH BUILDING

A.) DISMANTLING, CLEANING AND RESTORATION


1. Dismantling of existing accessories and copper pipes in Room 28
2. Restoration and cleaning of areas during and after the execution of works.

B.) SUPPLY AND INSTALLATION


1. Supply and Installation of FCU (Indoor unit) Wall Mounted, Inverter,
Split- type, 1.5Hp, 1PH, 60Hz, Cooling Capacity 12,100 Btu/Hr, EER 6.4
at Room 28.
2. Installation of ACCU (Outdoor unit) of the aircon outside Room 28.
3. Installation of copper tube and drain pipes of the FCU unit.
4. Installation of fabricated angle bar (Pre-painted primer epoxy) for the
foundation of the ACCU.
5. Provision of Nema 3R Enclosure (to be placed approximately 1 meter
away from the outdoor units) for the circuit breakers of ACCU Units.
6. Layout and Termination of Electrical wiring (together with its grounding)
and Liquid tight flexible conduit with connector to its respective circuit
breaker and ACCU unit.
7. Testing and Commissioning (Leak Testing and Correction, System
flushing and Vacuuming, Insulation Resistance Test included).
8. Termination and provision of 1 ACCU circuit breakers to the distribution
panel of the closest EE Room.

C.) Other works not mentioned but necessary to complete the work are
included in this Contract. Restoration of damaged areas due to the execution of
the works shall be done by the Contractor without cost to UPOU.

D.) Quality Assurance Provision


All works relative to the above project shall be assured of its quality/above
par workmanship acceptable to UPOU. Any defects/flaws discovered shall be
rectified the soonest possible time by the Contractor. Certification thereof shall
be submitted duly signed and sealed by the manager or the authorized
representative. Branded or approved equal to the ACCU (made in Japan,
Germany, Korea or USA). Brand must be existing/present in the Philippine
Market for at least 10 yrs, has an existing office in the Philippines and has been
established in the Philippines.

20
3 Supply of Labor and Materials for the Installation of 3 Units of FCU and
ACCU at the FMDS Offices – P362,386.68

Scope of Works:
I. INSTALLATION OF 3 UNITS OF FCU AND ACCU FOR THE FMDS
OFFICES (CONFERENCE ROOM, ROOM 29 AND ROOM 30) AT THE
TLH BUILDING

A.) DISMANTLING, CLEANING AND RESTORATION


1. Dismantling of existing Old units of FCU (wall mounted indoor unit), and
its ACCU together with its accessories and copper pipes in the conference
Room and Room 29 of FMDS offices.
2. Restoration and cleaning of areas during and after the execution of works.

B.) SUPPLY AND INSTALLATION


1. Supply and Installation of 1 FCU (Indoor unit) Wall Mounted, Inverter,
Split-type, 4Hp, 1PH, 60Hz, Cooling Capacity 25,000 Btu/Hr, EER 11 at
the conference Room, and 2 FCU (Indoor unit) Wall Mounted, Inverter,
Split- type, 1.5Hp, 1PH, 60Hz, Cooling Capacity 12,100 Btu/Hr, EER 6.4
for Room 29 and Room 30.
2. Installation of 3 ACCU (Outdoor unit) of the aircon outside the conference
Room, Room 29 and 30.
3. Installation of copper tube and drain pipes of the FCU unit.
4. Installation of fabricated angle bar (Pre-painted primer epoxy) for the
foundation of the ACCU.
5. Provision of Nema 3R Enclosure (to be placed approximately 1 meter
away from the outdoor units) for the circuit breakers of ACCU Units.
6. Layout and Termination of Electrical wiring (together with its grounding)
and Liquid tight flexible conduit with connector to its respective circuit
breaker and ACCU unit.
7. Testing and Commissioning (Leak Testing and Correction, System
flushing and Vacuuming, Insulation Resistance Test included).
8. Termination and provision of 2 ACCU circuit breakers to the distribution
panel of the closest EE Room.

C.) Other works not mentioned but necessary to complete the work are
included in this Contract. Restoration of damaged areas due to the execution of
the works shall be done by the Contractor without cost to UPOU.

D.) Quality Assurance Provision


All works relative to the above project shall be assured of its quality/above
par workmanship acceptable to UPOU. Any defects/flaws discovered shall be
rectified the soonest possible time by the Contractor. Certification thereof shall
be submitted duly signed and sealed by the manager or the authorized
representative. Branded or approved equal to the ACCU (made in Japan,
Germany, Korea or USA). Brand must be existing/present in the Philippine
Market for at least 10 yrs, has an existing office in the Philippines and has been
established in the Philippines.

21
4 Supply of Labor and Materials for the Replacement of 1.0 hp - Split Type
Air Conditioning Unit at the Server Room, OVCFA – P50,000.00

Scope of Works:
I. REPLACEMENT OF 1.0 HP - SPLIT TYPE AIR CONDITIONING
UNIT AT THE SERVER ROOM, OVCFA

A.) DISMANTLING, HAULING, CLEANING AND RESTORATION


1. Dismantling of the existing Old unit of FCU (wall mounted indoor unit),
and its ACCU (Outdoor unit) together with its accessories and copper
pipes in the Server Room of OVCFA.
2. Hauling of the old air conditioning unit and all debris to the designated area.
3. Restoration and cleaning of areas during and after the execution of works.

B.) SUPPLY AND INSTALLATION


1. Supply and Installation of 1 FCU (Indoor unit) Wall Mounted, Inverter,
Split-type, 1.0Hp, 1PH, 60Hz, Cooling Capacity 9,700 Btu/Hr, EER 6.4 at
the Server Room.
2. Installation ACCU (Outdoor unit) at the UPOU Main Building’s roof deck.
3. Installation of copper tube and drain pipes of the FCU unit.
4. Installation of fabricated angle bar (Pre-painted primer epoxy) for the
foundation of the ACCU.
5. Provision of Nema 3R Enclosure (to be placed approximately 1 meter
away from the outdoor unit) for the circuit breakers of ACCU Unit.
6. Layout and Termination of Electrical wiring (together with its grounding)
and Liquid tight flexible conduit with connector to its respective circuit
breaker and ACCU unit.
7. Testing and Commissioning (Leak Testing and Correction, System
flushing and Vacuuming, Insulation Resistance Test included).
8. Termination and provision of ACCU circuit breakers to the distribution
panel of the closest EE Room.

C.) Other works not mentioned but necessary to complete the work are
included in this Contract. Restoration of damaged areas due to the execution of
the works shall be done by the Contractor without cost to UPOU.

D.) Quality Assurance Provision


All works relative to the above project shall be assured of its quality/above
par workmanship acceptable to UPOU. Any defects/flaws discovered shall be
rectified the soonest possible time by the Contractor. Certification thereof shall
be submitted duly signed and sealed by the manager or the authorized
representative. Branded or approved equal to the ACCU (made in Japan,
Germany, Korea or USA). Brand must be existing/present in the Philippine
Market for at least 10 yrs, has an existing office in the Philippines and has been
established in the Philippines.

5 Supply of Labor and Materials for the Installation and Relocation of


ACCU at the Legal Office and FMDS Faculty Secretary Office –
P73,567.52

Scope of Works:
22
I. INSTALLATION AND RELOCATION OF ACCU AT THE LEGAL
OFFICE AND FMDS FACULTY SECRETARY OFFICE
Philippine Market for at least 10 yrs, has an existing office in the Philippines and
has been established in the Philippines.

6 OUTLINE SPECIFICATIONS

Item Item of Work Work Description / Material Comments /


No. / Material Location Description / Execution
Type

1. ACCU Circuit Outdoor circuit Approved brand Turn off first the main
Breakers breaker shall be for the circuit breaker of the panel
installed in a Nema breakers. located at the EE
3r Circuit Breaker Room of the Main
Enclosure. Building before the
installation of the
breakers. Electrical
works shall be carried
out in accordance with
the installation
manual and to the
Philippine electrical
code. Leave the site in
safe and clean
condition.
2. ACCU Installation of 3/16” x 1 1/2'” Execute installation
foundation fabricated angle bar thickness angle work in an orderly
for the Outdoor unit bar, pre-painted manner and leave the
at roof deck of with Primer site in safe and clean
UPOU Main Epoxy(gray) condition. All framing
Building. shall be fixed and
aligned accurately and
sufficient enough to
carry its load.

3. ACCU Installation of Approved brand Electrical works shall


Electrical Electrical PVC and for the conduit be carried out in
Conduit and its wiring including and wires accordance with the
Wiring the power and control installation manual
line at UPOU Main and to the Philippine
Building. electrical code.

4. ACCU, - Installation of Cu. - Approved When installing or


Refrigerant Tube with rubber brand for Cu. relocating the system,
Pipe, drain insulation, drain pipe Tube, rubber be sure to keep the
pipe and Its and polyethylene insulation and refrigerant circuit free
Insulation vinyl tape at UPOU vinyl tape. from all substances
Main Building. other than the
-Branded or specified refrigerant,
approved equal such as air.
for the ACCU
(made in Japan,
Germany, Korea
or USA)
-Brand must be
existing/present
in the Philippine
Market for at

23
least 10 yrs, has
existing office
in the
Philippines and
has been
established in
the Philippines

Notes: [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.]

24
Section VIII. 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
(UPOU BAC FORM No. 1); 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 (UPOU BAC FORM
No. 2). The SLCC should be at least 50% of the ABC;

⬛ (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 (UPOU BAC FORM
No. 3);
⬛ (e) Conformity with the Technical Specifications, (UPOU BAC FORM No. 4)
which should include the ff:
a. Certification of the Brand that is existing in the Philippine Market for
at least 10 years and has an office existing in the Philippines.
b. Brochures showing specifications and photo of the product being offered
c. Production/delivery schedule
d. Manpower requirements, and/or
e. After-sales/parts, if applicable; and
⬛ (f) Original duly signed Omnibus Sworn Statement (OSS) (UPOU BAC
FORM No. 5);
and if applicable, Original Notarized Secretary’s Certificate (UPOU BAC
FORM No. 6) in case of a corporation, partnership, or cooperative; or
Original Special Power of Attorney (UPOU BAC FORM No. 7) 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; and

Financial Documents
⬛ (g) The prospective bidder’s computation of Net Financial Contracting
Capacity (NFCC) (UPOU BAC FORM No. 8);
or
A committed Line of Credit from a Universal or Commercial Bank in lieu of
its NFCC computation.
25
Class “B” Documents
⬛ (h) If applicable, a duly signed joint venture agreement (JVA) in case the
joint venture is already in existence. (UPOU BAC FORM No. 9)
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

⬛ (a) Original of duly signed and accomplished Financial Bid Form (UPOU BAC
FORM No. 10) which should include Secretary’s Certificate or Special
Power of Attorney, if applicable; and
⬛ (b) Original of duly signed and accomplished Price Schedule(s) (UPOU BAC
FORM No. 11a and/or 11b);.

Notes:
The prescribed documents in the checklist are mandatory to be submitted in the Bid, but shall
be subject to the following:

a. GPPB Resolution No. 09-2020 on the efficient procurement measures during a State
of Calamity or other similar issuances that shall allow the use of alternate documents
in lieu of the mandated requirements; or

b. Any subsequent GPPB issuances adjusting the documentary requirements after the
effectivity of the adoption of the PBDs.

26
UPOU BAC Form No. 1

STATEMENT OF ALL ONGOING GOVERNMENT AND PRIVATE CONTRACTS INCLUDING CONTRACTS AWARDED BUT NOT YET
STARTED
:
Business Name
Business Address :

Name of Contract Date of Contract Contract Duration Owner’s Name and Address Kinds of Goods Amount of Contract Value of Outstanding Contracts Date of Delivery
Government

Private

Note: This statement shall be supported with any of the following:


1. End user’s acceptance or official receipt(s) issued for the contract, if completed; or
2. Notice of Award and/or Contract

Submitted by :
(Printed Name & Signature)

Designation :
Date :

27
UPOU BAC Form No. 2

STATEMENT OF BIDDER’S SINGLE LARGEST COMPLETED CONTRACT (SLCC) SIMILAR TO THE CONTRACT TO BE BID

Business Name :
Business Address :

Name of Contract Date of Contract Contract Duration Owner’s Name and Address Kinds of Goods Amount of Completed Contract Date of Delivery
Government

Private

Note: This statement shall be supported with any of the following:


1. End user’s acceptance or official receipt(s) issued for the contract, if completed; or
2. Notice of Award and/or Contract

Submitted by :
(Printed Name & Signature)

Designation :
Date :

28
UPOU BAC Form No. 3
Revised 09/2020
Bid Securing Declaration Form

REPUBLIC OF THE PHILIPPINES)


CITY OF ) S.S.

BID SECURING DECLARATION


Project Identification: IB No. 23-04-002

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]

29
UPOU BAC Form No. 5
Revised 09/2020

Omnibus Sworn Statement (Revised)

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;

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

30
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.

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]

31
UPOU BAC Form No. 6

SECRETARY’S CERTIFICATE

I, , a duly elected and qualified Corporate Secretary of


, a corporation duly organized and existing under and by virtue of the law
of the , DO HEREBY CERTIFY, that:

I am familiar with the facts herein certified and duly authorized to certify the same;

At the regular meeting of the Board of Directors of the said Corporation duly convened and held on
at which meeting a quorum was present and acting throughout, the following resolutions were
approved, and the same have not been annulled, revoked and amended in any way whatever and are in full force
and effect on the date hereof:

RESOLVED, that be, as it hereby is, authorized to participate in the


bidding for “Supply of Labor and Materials for the Installation of Air-conditioning Units at the
Teaching and Learning Hub and Main Building”, Project Identification IB No. 23-04-002 by the UP
Open University and that if awarded the project shall enter into a contract with the UP Open University; and
in connection therewith hereby appoint , acting as duly authorized and designated
representatives of , are granted full power and authority to do, execute and perform any
and all acts necessary and/or to represent in the bidding as fully and effectively as
the might do if personally present with full power of substitution and
revocation and hereby satisfying and confirming all that my said representative shall lawfully do or cause to be
done by virtue hereof;

RESOLVED FURTHER THAT, the hereby authorizes its President to:


(1) execute a waiver of jurisdiction whereby the hereby submits itself to the
jurisdiction of the Philippine government and hereby waives its right to question the
jurisdiction of the Philippine courts;

(2) execute a waiver that the shall not seek and obtain writ of
injunctions or prohibition or restraining order against the AFP or any other agency in
connection with this project to prevent and restrain the bidding procedures related thereto, the
negotiating of and award of a contract to a successful bidder, and the carrying out of the
awarded contract.

WITNESS the signature of the undersigned as such officer of the said this
.

(Corporate Secretary)

ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this day of , 20 affiant exhibited


to me his/her Government Issued ID No. issued on at
, Philippines.

Notary Public
Until 31 December 20
PTR No.
Issued at:
Issued on:
TIN No.
Doc. No.
Page No.
Book No.
Series of .

32
UPOU BAC Form No. 7

SPECIAL POWER OF ATTORNEY

I, , President of ,a
corporation incorporated under the laws of with its registered
office at , by virtue of Board Resolution No.
dated , has made, constituted and appointed
true and lawful attorney, for it and its name, place and stead, to do, execute and perform any and all
acts necessary and/or represent in the bidding of
as fully and effectively as corporation might do if
personally present with full power of substitution and revocation and hereby confirming all that said
representative shall lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set may hand this day of


, 20 at .

Affiant
Signed in the Presence of:

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


QUEZON CITY )SS.

BEFORE ME, a Notary Public for and in Quezon City, Philippines, this day of
, 20 , personally appeared:

NAME Government Issued ID NO. ISSUED AT/ON

known to me and known to be the same person who executed the foregoing instrument consisting of
( ) pages, including the page whereon the acknowledgments is written and acknowledged
before me that the same is his free and voluntary act and deed and that of the Corporation he
represents.

WITNESS MY HAND AND NOTARIAL SEAL, at the place and on the date first above
written.

Notary Public
Until 31 December 20
PTR No.
Issued at:
Issued on:
TIN No.
Doc. No.
Page No.
Book No.
Series of

33
UPOU BAC Form No. 8
Revised 10/04/2022

NET FINANCIAL CONTRACTING CAPACITY

The computation of a prospective bidder’s Net Financial Contracting Capacity (NFCC) must
be at least equal to the ABC to be bid (See Section I. Invitation to Bid), calculated as follows:

Year 20
Current Assets
Minus: Current Liabilities
Sub Total
Multiplied by value of K
Sub Total
Minus: Value of outstanding services under
ongoing contracts including awarded
contracts yet to be started coinciding with
the contract to be bid
NFCC

NFCC = [(current asset minus current liabilities) (15)] minus value of all outstanding or
uncompleted portions of the projects under ongoing contracts including awarded
contracts yet to be started coinciding with the contract to be bid.

NFCC = PhP

The values of the domestic bidder’s current assets and current liabilities shall be based
on the latest Audited Financial Statements submitted to the BIR.

Submitted by:

Name of Supplier / Distributor / Manufacturer

Signature of Authorized Representative


Date :

NOTE:

1. If Partnership or Joint Venture, each Partner or Member Firm of Joint Venture shall submit the above
requirements.

34
UPOU BAC Form No. 9
JOINT VENTURE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:

That this JOINT VENTURE AGREEMENT is entered into by and between , of


legal age, owner/proprietor of
(civil status)
and a resident of .

- and -

, of legal age, , owner/proprietor of


(civil status)
a resident of .

THAT both parties agree to join together their manpower, equipment, and what is need to
facilitate the Joint Venture to participate in the Eligibility, Bidding and Undertaking of the here-under
stated project to be conducted by the UP Open University.

NAME OF PROJECT CONTRACT AMOUNT

That both parties agree to be jointly and severally liable for the entire assignment.

That both parties agree that and/or shall be the


Official Representative of the Joint Venture, and is granted full power and authority to do, execute
and perform any and all acts necessary and/or to represent the Joint Venture in the bidding as fully
and effectively and the Joint Venture may do and if personally present with full power of substitution
and revocation.

THAT this Joint Venture Agreement shall remain in effect only for the above stated Project
until terminated by both parties.

Done this day of , in the year of our Lord .

ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this day of , 20 affiant exhibited


to me his/her Government Issued ID No. issued on at
, Philippines.

Notary Public
Until 31 December 20
PTR No.
Issued at:
Issued on:
TIN No.
Doc. No.
Page No.
Book No.
Series of .

35
UPOU BAC Form No. 10
Revised 09/2020

FINANCIAL BID FORM

Date :
Project Identification No. :

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 the Supply of Labor and Materials for the Installation
of Air-conditioning Units at the Teaching and Learning Hub and Main Building 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.

[Insert this paragraph if Foreign-Assisted Project with the Development Partner:


Commissions or gratuities, if any, paid or to be paid by us to agents relating to this
Bid, and to contract execution if we are awarded the contract, are listed below:

Name and address Amount and Purpose of


of agent Currency Commission or gratuity

(if none, state “None”) ]

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

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

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


PBDs.

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The undersigned is authorized to submit the bid on behalf of [name of the bidder] as
evidenced by the attached [Secretary’s Certificate or Special Power of Attorney, if
applicable].

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

Name:

Legal capacity:

Signature:

Duly authorized to sign the Bid for and behalf of:

Date:

37
UPOU BAC Form No. 11a
Revised 09/2020

Price Schedule
For Goods Offered from Abroad

Name of Bidder Project ID No. Page of

1 2 3 4 5 6 7 8 9
Item Description Country Quantity Unit price Total CIF or Unit Price Unit price Total Price
of CIF port of CIP price per Delivered Duty Delivered Duty delivered DDP
origin entry item Unpaid (DDU) Paid (DDP) (col 4 x 8)
(specify (col. 4 x 5)
port) or CIP
named place

(specify
border point
or place of
destination)
1 ACCU at the FED 3 units
Office (TLH)
2 ACCU at the FICS 1 unit
Office (TLH)
3 ACCU at the FMDS 3 units
Office (TLH)
4 ACCU at the Server 1 unit
Room, OVCFA (Main
Bldg.)
5 ACCU at the Legal 1 unit
Office and FMDS
Faculty Secretary
Office (Main Bldg.)

GRAND TOTAL

Name:

Legal Capacity:

Signature:

Duly authorized to sign the Bid for and behalf of:

38
UPOU BAC Form No. 11b
Revised 09/2020

Price Schedule
For Goods Offered from Within the Philippines

Name of Bidder Project ID No. Page of

1 2 3 4 5 6 7 8 9 10
Item Description Country Quantity Unit Transporta Sales and Cost of Total Price, per Total Price
of origin price tion and all other taxes Incidental unit delivered Final
EXW other costs payable if Services, if Destination
per incidental Contract is applicable, (col 5+6+7+8)
item to delivery, awarded, per per item (col 9) x
per item item (col 4)
1 ACCU at the FED 3
Office (TLH) units
2 ACCU at the FICS 1 unit
Office (TLH)
3 ACCU at the FMDS 3
Office (TLH) units
4 ACCU at the Server 1 unit
Room, OVCFA
(Main Bldg.)
5 ACCU at the Legal 1 unit
Office and FMDS
Faculty Secretary
Office (Main Bldg.)

GRAND TOTAL

Name:

Legal Capacity:

Signature:

Duly authorized to sign the Bid for and behalf of:

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Sealing and Marking of Bids:

Submission of hard copies to the BAC Secretariat Address:

One Original Copy of the Technical Components and Financial Components

PROCEDURE:

1. The Technical Components (TC) of the Bid should be enclosed in envelope and must be
labelled, sealed and signed as follows:

SUPPLY OF LABOR AND MATERIALS FOR THE INSTALLATION OF AIR-


CONDITIONING UNITS AT THE TEACHING AND LEARNING HUB AND MAIN
BUILDING – TECHNICAL COMPONENTS

[NAME AND ADDRESS OF THE BIDDERS]


BIDS AND AWARDS COMMITTEE SECRETARIAT
UP OPEN UNIVERSITY
UPOU HEADQUARTERS, LOS BAÑOS, LAGUNA
REFERENCE NO. IB No. 23-04-002
“DO NOT OPEN BEFORE 4 May 2023, 1:30 PM”

2. The Financial Components (FC) of the Bid should be enclosed in another envelope and
must be sealed and signed;

SUPPLY OF LABOR AND MATERIALS FOR THE INSTALLATION OF AIR-


CONDITIONING UNITS AT THE TEACHING AND LEARNING HUB AND MAIN
BUILDING – FINANCIAL COMPONENTS

[NAME AND ADDRESS OF THE BIDDERS]


BIDS AND AWARDS COMMITTEE SECRETARIAT
UP OPEN UNIVERSITY
UPOU HEADQUARTERS, LOS BAÑOS, LAGUNA
REFERENCE NO. IB No. 23-04-002
“DO NOT OPEN BEFORE 4 May 2023, 1:30 PM”

3. The TC and FC envelopes should be enclosed in one mother envelope and must be
labelled, sealed and signed as follows:

SUPPLY OF LABOR AND MATERIALS FOR THE INSTALLATION OF AIR-


CONDITIONING UNITS AT THE TEACHING AND LEARNING HUB AND MAIN
BUILDING

[NAME AND ADDRESS OF THE BIDDERS]


BIDS AND AWARDS COMMITTEE SECRETARIAT
UP OPEN UNIVERSITY
UPOU HEADQUARTERS, LOS BAÑOS, LAGUNA
REFERENCE NO. IB No. 23-04-002
“DO NOT OPEN BEFORE 4 May 2023, 1:30 PM”

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