PHILIPPINE BIDDING DOCUMENTS

Procurement of
Laptop Computer
IB No. 2022-12-0225

Government of the Republic of the Philippines

Philippine Competition Commission

01 December 2022
 Preface
These Philippine Bidding Documents (PBDs) for the procurement of Goods through
Competitive Bidding have been prepared by the Government of the Philippines for use by any
branch, constitutional commission or office, agency, department, bureau, office, or
instrumentality of the Government of the Philippines, National Government Agencies,
including Government-Owned and/or Controlled Corporations, Government Financing
Institutions, State Universities and Colleges, and Local Government Unit. The procedures and
practices presented in this document have been developed through broad experience, and are
for mandatory use in projects that are financed in whole or in part by the Government of the
Philippines or any foreign government/foreign or international financing institution in
accordance with the provisions of the 2016 revised Implementing Rules and Regulations of
Republic Act No. 9184.

The Bidding Documents shall clearly and adequately define, among others: (i) the
objectives, scope, and expected outputs and/or results of the proposed contract or Framework
Agreement, as the case may be; (ii) the eligibility requirements of Bidders; (iii) the expected
contract or Framework Agreement duration, the estimated quantity in the case of procurement
of goods, delivery schedule and/or time frame; and (iv) the obligations, duties, and/or functions
of the winning bidder.

Care should be taken to check the relevance of the provisions of the PBDs against the
requirements of the specific Goods to be procured. If duplication of a subject is inevitable in
other sections of the document prepared by the Procuring Entity, care must be exercised to
avoid contradictions between clauses dealing with the same matter.

Moreover, each section is prepared with notes intended only as information for the
Procuring Entity or the person drafting the Bidding Documents. They shall not be included in
the final documents. The following general directions should be observed when using the
documents:

a. All the documents listed in the Table of Contents are normally required for the
procurement of Goods. However, they should be adapted as necessary to the
circumstances of the particular Procurement Project.

b. name of the Procuring Entity address for

bid submission uld be furnished in the Instructions to Bidders, Bid Data
Sheet, and Special Conditions of Contract. The final documents should contain
neither blank spaces nor options.

c. This Preface and the footnotes or notes in italics included in the Invitation to
Bid, Bid Data Sheet, General Conditions of Contract, Special Conditions of
Contract, Schedule of Requirements, and Specifications are not part of the text
of the final document, although they contain instructions that the Procuring
Entity should strictly follow.
d. The cover should be modified as required to identify the Bidding Documents as
to the Procurement Project, Project Identification Number, and Procuring
Entity, in addition to the date of issue.

e. Modifications for specific Procurement Project details should be provided in the

Special Conditions of Contract as amendments to the Conditions of Contract.
For easy completion, whenever reference has to be made to specific clauses in
the Bid Data Sheet or Special Conditions of Contract, these terms shall be
printed in bold typeface on Sections I (Instructions to Bidders) and III (General
Conditions of Contract), respectively.

f. For guidelines on the use of Bidding Forms and the procurement of Foreign-
Assisted Projects, these will be covered by a separate issuance of the
Government Procurement Policy Board.
 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 13
10. Documents comprising the Bid: Eligibility and Technical Components 13
11. Documents comprising the Bid: Financial Component 13
12. Bid Prices 13
13. Bid and Payment Currencies 14
14. Bid Security 14
15. Sealing and Marking of Bids 15
16. Deadline for Submission of Bids 15
17. Opening and Preliminary Examination of Bids 15
18. Domestic Preference 15
19. Detailed Evaluation and Comparison of Bids 15
20. Post-Qualification 16
21. Signing of the Contract 16
Section III. Bid Data Sheet .17
Section IV. General Conditions of Contract ..19
1. Scope of Contract 20
2. Advance Payment and Terms of Payment 20
3. Performance Security 20
4. Inspection and Tests 20
5. Warranty 21
6. Liability of the Supplier 21
Section V. Special Conditions of Contract .22
Section VI. Schedule of Requirements ....26
Section VII. Terms of Reference . 27
Section VIII. Checklist of Technical and Financial Documents . .30

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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

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DTI Department of Trade and Industry.

EXW Ex works.

FCA

FOB

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
-
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

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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 INVITATION TO BID FOR
PROCUREMENT OF LAPTOP COMPUTER
1. The Philippine Competition Commission (PCC), through the FY 2022 General
Appropriations Act (GAA) intends to apply the sum of Three Million Three Hundred
Thousand Pesos (PhP3,300,000.00) being the ABC to payments under the contract for
the Procurement of Laptop Computer. Bids received in excess of the ABC for each
lot shall be automatically rejected at bid opening.

2. The PCC now invites bids for the above Procurement Project. Delivery of the Goods is
required upon receipt of the Notice to Proceed. Bidders should have completed a
contract similar to the Project within five (5) years from the date of submission and
receipt of bids. 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-
pass/fail
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 PCC and inspect the Bidding
Documents at the address given below during office hours from 8:00 A.M. to 5:00
P.M. (Monday through Friday).

5. A complete set of Bidding Documents may be acquired by interested Bidders on 02

December 2022 from the address below and upon payment of the applicable fee for the
Bidding Documents, pursuant to the latest Guidelines issued by the GPPB and internal
issuance of PCC Bids and Awards Committee (PBAC), in the amount of Five
Thousand Pesos (PhP5,000.00). The Procuring Entity shall allow the bidder to present
its proof of payment for the fees in person or through e-mail.

It may also be downloaded free of charge from the website of the Philippine Government
Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity,
provided that Bidders shall pay the nonrefundable fee for the Bidding Documents not
later than the submission of their bids.

6. The PCC will hold a Pre-Bid Conference on 09 December 2022, 2:00PM the given
address below or through Microsoft Teams teleconference which shall be open to
prospective bidders.

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7. Bids must be duly received by the PBAC Secretariat through IB No. 2022-12-0225 on
21 December 2022, 12:00NN at 25/F Vertis North Corporate Center 1, North Avenue,
Quezon City or via e-bid submission through this link:
https://pccgov.sharepoint.com/sites/E-BIDSubmission. 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 21 December 2022, 2:00PM at the given address below or
through Microsoft Teams Teleconference. Bids will be opened in the presence of the

10. Bids submitted through online submission must be put in a compressed/zip folder. The
compressed folders and the files in it must be both password-protected. Kindly refer to
the Guidelines on PCC E-Bid Submission uploaded under the E-Bid System window
of the PCC website.

11. The PCC 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 SECRETARIAT
Bids and Awards Committee
Philippine Competition Commission
25F Tower 1, Vertis North Corporate Center,
North Avenue, Quezon City
Telephone No.: (02) 771-9722 local 204
e-mail: [email protected] or [email protected]

13. You may visit the following websites:

For downloading of Bidding Documents:

https://www.phcc.gov.ph/procurement/request-for-quotation-expression-of-interest-
invitation-to-bid/
For online bid submission: https://pccgov.sharepoint.com/sites/E-BIDSubmission

01 December 2022

______________________________________
ATTY. JOSEPH MELVIN B. BASAS
Chairperson, PCC Bids and Awards Committee

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Section II. Instructions to Bidders

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1. Scope of Bid

The Procuring Entity, Philippine Competition Commission wishes to receive Bids for
the Procurement of Laptop Computers, with identification number IB No. 2022-12-
0225.

one (1) lot,

the details of which are described in Section VII (Terms of Reference).

2. Funding Information

2.1. The GOP through the source of funding as indicated below for 2022 in the
amount of Three Million Three Hundred Thousand Pesos (PhP3,300,000.00).

2.2. The source of funding is the FY 2022 General Appropriations Act (GAA)

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
obstr
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 exceeding those allowed under the rules may participate
pursuant to:

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 i. When a Treaty or International or Executive Agreement as
provided in Section 4 of the RA No. 9184 and its 2016 revised IRR
allow foreign bidders to participate;

ii. Citizens, corporations, or associations of a country, included in the

list issued by the GPPB, the laws or regulations of which grant
reciprocal rights or privileges to citizens, corporations, or
associations of the Philippines;

iii. When the Goods sought to be procured are not available from local
suppliers; or

iv. When there is a need to prevent situations that defeat competition

or restrain trade.

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

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 subcontractor, its agents, servants, or
workmen as
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.

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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).

10.2. ITB Clause 5.3 should have been completed

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

10.3. If the eligibility requirements or statements, the bids, and all other documents
for submission to the BAC are in foreign language other than English, it must
be accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent

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:

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 a. For Goods offered from within the

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;

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 (Terms of Reference).

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.

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

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.

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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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.

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
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.
passed -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 14 shall be
submitted for each lot or item separately.
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 19.3. The descriptions of the lots or items shall be indicated in Section VII (Terms
of Reference), 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 project having one lot and 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. 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.
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.

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Section III. Bid Data Sheet

17
 Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:

a. Procurement of Laptop or Desktop Computer

b. completed within five (5) years prior to the deadline for the submission
and receipt of bids.
7.1 Subcontracting is not allowed

12 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.

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.

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 Sixty-Six Thousand Pesos (PhP66,000.00),

or irrevocable letter of credit; or

b. The amount of not less than One Hundred Sixty-Five Thousand Pesos
(PhP165,000.00) if bid security is in Surety Bond.

19.3 Please refer to the attached Terms of Reference

20.2 Please refer to the attached Terms of Reference
21.2 Please refer to the attached Terms of Reference

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Section IV. General Conditions of Contract

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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 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 specifications at no extra cost to the
Procuring Entity in accordance with the Generic Procurement Manual. In addition to
tests in SCC, Section VII (Terms of Reference) 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.

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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

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.

21
Section V. Special Conditions of Contract

22
 Special Conditions of Contract
GCC
Clause
1 Delivery and Documents

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 this Contract are delivered to PCC. Risk and
title will pass from the Supplier to the Procuring Entity upon receipt and final

Delivery and Documents

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

Site are the End-Users of project proponents.

Incidental Services

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

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

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

the supplied Goods;
b. furnishing of tools required for assembly and/or maintenance of the
supplied Goods;
c. furnishing of a detailed operations and maintenance manual for each
appropriate unit of the supplied Goods;
d. 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

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

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

Spare Parts

23
The Supplier is required to provide all of 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 Procuring Entity of the pending

termination, in sufficient time to permit the Procuring Entity to
procure needed requirements; and

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

Entity, 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.

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

facilities at all points in transit.

The packaging, marking, and documentation within and outside the packages
shall comply strictly with such special requirements as shall be expressly
provided for in the Contract, including additional requirements, if any, specified
below, and in any subsequent instructions ordered by the Procuring Entity.

The outer packaging must be clearly marked on at least four (4) sides as follows:

Name of the Procuring Entity

Name of the Supplier
Contract Description
Final Destination
Gross weight
Any special lifting instructions
Any special handling instructions
Any relevant HAZCHEM classifications

24
 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

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 Partial payment is not allowed.

4 Please refer to attached Terms of Reference.

25
 Section VI. Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the
date of delivery to the project site.

(Please see attached Technical Specifications)

26
Section VII. Technical Specifications

27
 Technical Specifications
1. Non-Touch Screen Laptop Computer

Processor At least 11th Generation Intel Core i7-1165G7 (2.80 GHz up to 4.70 GHz)
Chipset Intel SoC (System on Chip) platform
Security Chip Setting Enabled Discrete TPM2.0
Display Not more than 14" FHD (1920 x 1080), TN, Anti-Glare, 250 nits
Touchscreen NON-TOUCH
Graphics Narrow Bezel Integrated UHD Graphics
Camera 720P HD RGB with Microphone
Microphone Dual Microphones
DIMM Memory At least 16 GB DDR4-3200MHz (SODIMM)
Storage Selection At least 512 GB SSD M.2 2242 PCIe TLC
Wireless LAN Wi-Fi 6E AX210 2x2 AX vPro
Bluetooth Bluetooth 5.1 or above
Battery 3 Cell Li-Polymer 45Wh
Power Adapter 65W USB-C 90%PCC AC Adapter Black (3pin) - US
Keyboard 6-row, spill-resistant, multimedia Fn keys
Ports 1x USB 2.0
1x USB 3.2 Gen 1 (Always On)
1x USB-C 3.2 Gen 1 (support data transfer only) 1x
USB-C 3.2 Gen 1 (support data transfer)
1x Ethernet (RJ-45)
1x Headphone / microphone combo jack (3.5mm)
Preload OS Windows 11 Pro 64 English, BIOS Absolute Enabled
Warranty 3 Year Premier Support
Dimension Not more than 325 x 216 x 18 mm
Weight Not more than 1.6 kg
Accessories USB Mouse, Cable Lock
Availability YES
Delivery Period 90 to 120 days

2. Touch Screen Laptop Computer

Processor 12th Generation Intel Core i7-1260P Processor

(E-cores up to 3.40 GHz P-cores up to 4.70 GHz)
Chipset Intel SoC (System on Chip) platform
Security Chip Setting Enabled Discrete TPM2.0
Display Not more than 14" FHD (1920 x 1080), IPS, Anti-Glare, 45% NTSC, 300 nits, 60Hz
Touchscreen TOUCH
Graphics Integrated Intel UHD Graphics
Camera FHD RGB with Microphone
DIMM Memory At least 16 GB DDR4-3200MHz (SODIMM)
Storage Selection At least 512 GB SSD M.2 2242 PCIe Gen4 TLC Opal
Wireless LAN Wi-Fi 6 AX201 2x2 AX vPro
Bluetooth Bluetooth 5.1 or above
Battery 3 Cell Li-Polymer 42Wh, 45W AC Adapter 90% PCC (3pin) - US (USB Type C)
Keyboard 6-row, spill-resistant, multimedia Fn keys with Unified Communications controls

28
 Ports 1x USB 3.2 Gen 1
1x USB 3.2 Gen 1 (Always On)
1x USB-C 3.2 Gen 1 (support data transfer)
1x Thunderbolt 4 / USB4 40Gbps (support data transfer) 1x
HDMI
1x microSD card reader 1x
Ethernet (RJ-45)
1x Headphone / microphone combo jack (3.5mm)
Preload OS Windows 11 Pro 64 English, BIOS Absolute Enabled
Warranty 3 Year Premier Support
Dimension Not more than 326 x 217 x 20 mm
Weight Not more than 1.4 kg
Accessories USB Mouse, Cable Lock
Availability YES
Delivery Period 90 to 120 days

Prepared by:

Warren Paul A. Nicdao

Information Technology
Officer II

Reviewed by:

Allan Roy D. Mordeno

Information Technology
Officer III

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Section VIII. Checklist of Technical and
Financial Documents

P a g e 30 | 34
 Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE

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
(f) Statement of the bi
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
(g) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission or Original copy of
Notarized Bid Securing Declaration; and
(h) Conformity with the Technical Specifications, which may include
production/delivery schedule, manpower requirements, and/or after-
sales/parts, if applicable; and
(i) Original duly signed Omnibus Sworn Statement (OSS) and if applicable,

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
(j)
(NFCC) or A committed Line of Credit from a Universal or Commercial
Bank in lieu of its NFCC computation.

(k) 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

(l) Original of duly signed and accomplished Financial Bid Form; and
(m) Original of duly signed and accomplished Price Schedule(s).

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Other documentary requirements under RA No. 9184 (as applicable)
(n) [For foreign
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.
(o) Certification from the DTI if the Bidder claims preference as a Domestic
Bidder or Domestic Entity.

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