Bid Docs - Posters For BSKE (Final)

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Commission on Elections Project ID No.

27-2023-BSKE-EDAY

Republic of the Philippines


COMMISSION ON ELECTIONS
Palacio del Gobernador Bldg., Gen. Luna St., Intramuros, 1002 Manila

BIDDING DOCUMENTS
Printing, Suppy and Delivery
of Election Day (E-Day)
Posters for the 2023
Barangay & Sangguniang
Kabataan Elections
(Project ID No. 27-2023-BSKE-EDAY)

BIDS AND AWARDS COMMITTEE

Sixth Edition
July 2020

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TABLE OF CONTENTS

Contents
Glossary of Acronyms, Terms, and Abbreviations .................................................................... 4
Section I. Invitation to Bid ......................................................................................................... 7
Section II. Instructions to Bidders ........................................................................................... 11
1. Scope of Bid 12
2. Funding Information 12
3. Bidding Requirements 12
4. Corrupt, Fraudulent, Collusive, and Coercive Practices 12
5. Eligible Bidders 13
6. Origin of Goods 13
7. Subcontracts 13
8. Pre-Bid Conference 13
9. Clarification and Amendment of Bidding Documents 13
10. Documents comprising the Bid: Eligibility and Technical Components 14
11. Documents comprising the Bid: Financial Component 14
12. Bid Prices 14
13. Bid and Payment Currencies 15
14. Bid Security 15
15. Sealing and Marking of Bids 15
16. Deadline for Submission of Bids 16
17. Opening and Preliminary Examination of Bids 16
18. Domestic Preference 16
19. Detailed Evaluation and Comparison of Bids 16
20. Post-Qualification 17
21. Signing of the Contract 17
Section III. Bid Data Sheet ...................................................................................................... 18
Section IV. General Conditions of Contract ............................................................................ 23
1. Scope of Contract 24
2. Advance Payment and Terms of Payment 24
3. Performance Security 24
4. Inspection and Tests 24
5. Warranty 25
6. Liability of the Supplier 25
Section V. Special Conditions of Contract .............................................................................. 26
Section VI. Schedule of Requirements .................................................................................... 32
Section VII. Technical Specifications...................................................................................... 34

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Section VIII. Checklist of Technical and Financial Documents.............................................. 37


Section IX. Bidding Forms ...................................................................................................... 41
Section X. Instructions ............................................................................................................. 61

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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.

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DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”

DTI – Department of Trade and Industry.

EXW – Ex works.

FCA – “Free Carrier” shipping point.

FOB – “Free on Board” shipping point.

Foreign-funded Procurement or Foreign-Assisted Project–Refers to procurement whose


funding source is from a foreign government, foreign or international financing institution as
specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section
5[b]).

Framework Agreement – Refers to a written agreement between a procuring entity and a


supplier or service provider that identifies the terms and conditions, under which specific
purchases, otherwise known as “Call-Offs,” are made for the duration of the agreement. It is in
the nature of an option contract between the procuring entity and the bidder(s) granting the
procuring entity the option to either place an order for any of the goods or services identified
in the Framework Agreement List or not buy at all, within a minimum period of one (1) year
to a maximum period of three (3) years. (GPPB Resolution No. 27-2019)

GFI – Government Financial Institution.

GOCC –Government-owned and/or –controlled corporation.

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

GOP – Government of the Philippines.

GPPB – Government Procurement Policy Board.

INCOTERMS – International Commercial Terms.

Infrastructure Projects – Include the construction, improvement, rehabilitation, demolition,


repair, restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology projects,
irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste

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management systems, shore protection, energy/power and electrification facilities, national


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

Printing, Supply and Delivery of Election Day (E-Day) Posters


for the 2023 Barangay & Sangguniang Kabataan Elections
(Project ID No. 27-2023-BSKE-EDAY)

Approved Budget for the Contract: P14,404,341.24

1. The Commission on Elections (COMELEC) through the General Appropriation Act of FY


2023, intends to apply the sum of Fourteen Million Four Hundred Four Thousand Three
Hundred Forty-One Pesos and 24/100 Centavos (P14,404,341.24) being the Approved
Budget for the Contract (ABC) to payment under the contract for the Printing, Supply and
Delivery of Election Day (E-Day) Posters for the 2023 BSKE with details as follows:

Approved Budget for the


Contract (ABC) Cost/Price of
Description Qty Bid
ABC per Documents
Total ABC
Unit

Printing of Election Day


201,798
(E-Day) Posters for posting ₱71.38 ₱14,404,341.24 ₱25,000.00
pcs
in Clustered Precincts

Bids received in excess of the total ABC shall automatically be rejected at the Bid Opening.

2. The COMELEC now invites bids for the Printing, Supply and Delivery of Election Day (E-
Day) Posters for the 2023 BSKE. Delivery of goods/services is required as indicated in Section
VI – Schedule of Requirements.

Bidders should have completed, within five (5) years from the date of submission and receipt
of bids, a contract similar to the Project. Similar in nature definition is contained in the Bidding
Documents, particularly, in ITB Clause 5.3 of Section III-Bid Data Sheet.

The description of an eligible bidder is contained in the Bidding Documents, particularly, in


Section II-Instructions to Bidders (ITB).

3. Bidding will be conducted through open competitive bidding procedures using a non-
discretionary “pass/fail” criterion as specified in the 2016 Revised Implementing Rules and
Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the “Government
Procurement Reform Act”.
Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organization 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 5183.

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4. Prospective bidders may obtain further information from the BAC Secretariat and inspect the
Bidding Documents at the BAC Secretariat Office at 305-A 3/F Annex Building, Far East
Managers and Investors Incorporated (FEMII) Building, A. Soriano Avenue, Intramuros,
Manila from 8:00 AM to 5:00 PM from Mondays to Saturdays or call at Tel No. 8254-3611
Telefax No. 8254-3523, email address [email protected] and
[email protected] and at website www.comelec.gov.ph.

5. A complete set of Bidding Documents may be acquired by interested bidders on the date and
address specified below. It may also be downloaded free of charge from the website of the
Philippine Government Electronic Procurement System (PhilGEPS) and the COMELEC
website, provided that Bidders shall pay the applicable fee for the Bidding Documents not
later than the submission of their bids.

Fees may be paid in person at the address specified below or online through fund transfer or
account deposit to COMELEC’s Landbank of the Philippines Peso Current Account as
specified below:
• Peso Current Account No. 0012-1042-86

As proof of payment, a copy of the transaction slip or deposit slip shall be sent via email by
the bidder to [email protected] copy furnished at
[email protected]. Copy of which shall also be attached to the bidding
documents.
6. The Schedule of Bidding Activities shall be as follows:
ACTIVITIES TIME VENUE
BAC SECRETARIAT OFFICE
Procurement Management
Department,
Commission on Elections
305-A 3/F Annex Building, Far East
27 June 2023
1. Sale and Issuance of Managers and Investors
8:00 AM to 5:00 PM
Bidding Documents Mondays to Saturdays Incorporated (FEMII) Building, A.
Soriano Avenue, Intramuros,
Manila

or online from the COMELEC


Website

2. Pre-Bid Conference 06 July 2023 (Thursday),


(Note: Open to prospective bidders) 10:00 AM
Online via Microsoft Teams

Shall be submitted electronically to


the BAC Secretariat. Please refer to
3. Deadline for 18 July 2023 (Tuesday), attached Updated Procedure for the
Submission of Bids 8:00 AM Online Submission, Receipt and
Opening of Bidding Documents dated
13 December 2021
18 July 2023 (Tuesday),
4. Opening of Bids 10:00 AM
Online via Microsoft Teams

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7. The COMELEC will conduct a Pre-Bid Conference on the scheduled date and time as
indicated in Paragraph 6 of this IB through video conferencing/webcasting via Microsoft
Teams, which shall be open to all prospective bidders.

8. Bids must be duly received by the BAC Secretariat through online or electronic submission
as indicated in Paragraph 6 of this IB on or before 18 July 2023 (Tuesday), 8:00 AM. Late
bids shall not be accepted.

9. All Bids must be accompanied by a bid security in any of the acceptable forms and in the
amount stated in ITB Clause 14.
10. Bid opening shall be on the time and date indicated in Paragraph 6 of this IB online via
Microsoft Teams. Bids will be opened in the presence of the bidders’ representatives who
choose to attend the activity.
11. Additional Instructions for the Pre-Bid Conference and Bid Opening
In line with the precautionary health measures being adopted by the COMELEC, prospective
bidders interested to join the Pre-Bid Conference and Bid Opening via video conference
(MS Teams) may send request for MS Teams Invitation Link to the
[email protected] and [email protected] with the following
information together with proof of identity of the attendee/s or duly authorized representative/s
a day before the scheduled conference.

(1) Name of Project


(2) Project Identification No.
(3) Activity
(Indicate whether Pre-Bid Conference or Bid Opening)
(4) Company Name
(5) Address
(6) Name of Representative (maximum of two [2])
(7) Contact Number/s
(8) Designated Email Address
(to which all communications from the BAC shall be sent)
(9) Scanned copy of Photo of Proof of Identity
(Please attach Company ID or any Government Issued ID)

For detailed instructions, please see Section X of the Updated Bidding Documents for the: (1)
Notice on the Conduct of Online Pre-Bid Conference; and (2) Updated Procedure for the
Online Submission, Receipt and Opening of Bids.

12. COMELEC 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 Section 41 of RA 9184 and
its IRR, without thereby incurring any liability to the affected bidder/s.

(sgd) HELEN G. AGUILA-FLORES


Chairperson
Publish Date: 27 June 2023

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Section II. Instructions to Bidders

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Section II. Instructions to Bidders (ITB)


1. Scope of Bid
The Procuring Entity, COMELEC wishes to receive Bids for the Printing, Supply and
Delivery of Election Day (E-Day) Posters for the 2023 BSKE, with identification
number Project ID No. 27-2023-BSKE-EDAY.

The Procurement Project (referred to herein as “Project”) is composed of the following:

Description Quantity

Printing of Election Day


201,798 pcs
(E-Day) Posters for posting in Clustered Precincts

The details of which are described in Section VII (Technical Specifications).

2. Funding Information
2.1. The GOP through the source of funding as indicated below for FY 2023 in the
amount of ₱14,404,341.24.

2.2. The source of funding is the General Appropriation Act.

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.

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5. Eligible Bidders

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

5.2. Foreign ownership limited to those allowed under the rules may participate in this
project.

5.3. Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No.9184, the Bidder
shall have completed a single contract similar to the Project, the value of which,
adjusted to current prices using the PSA’s CPI should be at least twenty-five
percent (25%) of the total 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.

8. Pre-Bid Conference
The Procuring Entity will hold a pre-bid conference for this Project on the specified date
and time through videoconferencing/webcasting as indicated in the IB.

For detailed instructions, please refer to the Notice on the Conduct of Online Pre-Bid
Conference indicated in Section X of the Bidding Documents.

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 Clause5.3 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 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 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;
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.

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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 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 for one hundred twenty (120) calendar
days from the date of 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.

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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For detailed instructions, please refer to the COMELEC-BAC Updated Procedure for
the Online Submission, Receipt and Opening of Bidding Documents as indicated in
Section X of the Bidding Documents.

For purposes of file naming convention of the Bids to be submitted, shortened


project name shall be:

“BSKE POSTERS”

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 the IB.

For detailed instructions, please refer to the COMELEC-BAC Updated Procedure


for the Online Submission, Receipt and Opening of Bidding Documents as
indicated in Section X of the Bidding Documents.

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 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

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

19.5. Except for bidders submitting a committed Line of Credit from a Universal or
Commercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of RA
No. 9184, which must be sufficient for the total of the ABCs for all the lots or
items participated in by the prospective Bidder. For bidders submitting the
committed Line of Credit, it must be at least equal to ten percent (10%) of the
ABCs for all the lots or items participated in by the prospective Bidder.
20. Post-Qualification
20.1. 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

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Section III. Bid Data Sheet (BDS)


ITB
Clause
For this purpose, contracts similar to the Project shall be:

5.3 a. “Printing, Supply and/or Delivery of Printed Paper Materials”

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

7.1 Subcontracting is not allowed.

The price of the Goods shall be quoted DDP, Manila, Philippines or the
12
applicable International Commercial Terms (INCOTERMS) for this Project.
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 ₱288,086.82, if bid security is in cash,


cashier’s/manager’s check, bank draft/guarantee or irrevocable letter
14.1
of credit (equivalent to at least 2% of the ABC); or

b. The amount of not less than ₱720,217.06, if bid security is in Surety


Bond (equivalent to at least 5% of the ABC)

19.3 The project shall be awarded as one contract with details as follows:

Approved Budget for the


Contract (ABC)
Description Qty
ABC per Unit Total ABC

Printing of Election Day


(E-Day) Posters for 201,798
₱71.38 ₱14,404,341.24
posting in Clustered pcs
Precincts
Bids received in excess of the ABC shall be automatically rejected at Bid
Opening.

20.2 Post-Qualification: Within a non-extendible period of five (5) calendar days


from receipt by the bidder of the notice from the BAC that it submitted the
Single/Lowest Calculated Bid (S/LCB), the Bidder shall submit the following
requirements:

1. Copy of the following valid and current Eligibility & Financial Documents
listed in PhilGEPS Certificate of Registration (Platinum Membership), as
follows:

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a. Registration Certificate issued by Security and Exchange


Commission (SEC) or Department of Trade and Industry (DTI);
b. Mayor’s Permit;
c. Tax Clearance; and
d. Latest Audited Financial Statement

2. Latest Income and Business Tax Returns filed and paid through the BIR
Electronic Filing and Payment System (EFPS);

Pursuant to Revenue Regulations 3-2005, Tax Returns refers to:

a. Latest Income Tax Return (ITR),

For participants already with an Annual ITR, latest ITR shall refer to
the ITR for the preceding Tax Year be it on a calendar or fiscal year.
For new establishments which, therefore, have no annual ITR yet, it
shall refer to the most recent quarter’s ITR.

b. Latest Business Tax Return

Refers to the Value Added Tax (VAT) or Percentage tax returns


covering the previous six (6) months. For those with less than six (6)
months of operations, this refers to the monthly business tax returns
filed to date.

Note: Please also refer to BIR Revenue Memorandum Circular No. 5-2023
dated 03 January 2023

3. Copy of Notice of Award, Notice to Proceed, Purchase Order, Contract or


any other document evidencing the Ongoing Contracts as listed per
submitted Annex “A” with Summary List of Bidder’s Clients with
Contact Person and Contact Details (email & landline/cellphone
number);

4. Contact details of bidder’s client (contact person, email &


landline/cellphone number) as listed in Annex “B” - Statement of Single
Largest Completed Contract (SLCC);

5. Submission of the original copies of the following pursuant to Section 30.1


of the 2016 revised IRR of RA No. 9184, as amended in GPPB Resolution
No. 16-2020 dated 16 September 2020:
a. For the submitted Bid Security - Bid Securing Declaration or Other
Forms of Bid Security excluding Cash; and
b. Omnibus Sworn Statement

6. Five (5) pieces of posters for evaluation and testing purposes. Submitted
sample must be compliant with all the requirements provided in Section VII
– Technical Specifications.

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Failure to submit any of the post-qualification requirements on time, or a finding


against the veracity thereof, shall disqualify the bidder for award. Provided in the
event that a finding against the veracity of any of the documents submitted is
made, it shall cause the forfeiture of the bid security in accordance with Section
69 of the IRR of RA 9184.

Pursuant to Section 37.1.4 (a) of the 2016 IRR of RA No. 9184, within ten (10)
calendar days from receipt by the winning bidder of the Notice of Award (NOA),
winning bidder for shall submit:

(1) Valid JVA, if applicable;


(2) Posting of performance security in accordance with Section 39 of the
2016 revised IRR of RA 9184; and
(3) Signing of the contract as provided in Section 37. 2 of the 2016 revised
IRR of RA 9184.

Further, pursuant to COMELEC Minute Resolution No. 22-1073, the winning


bidder shall also submit Supply and Delivery Management Plan with 10
calendar days from receipt of NOA, for the following purposes:

(1) To guarantee the supplier’s observance of delivery dates;


(2) To ensure compliance with COA rules and regulations;
(3) To emphasize the Commission’s right to blacklist the supplier, right to
rescind the contract and the right to blacklist the supplier in cases of
non-fulfillment of the contract; and
(4) To include the payment for liquidated damages by supplier in cases of
21.2 delay

Notes:

• Please refer to sample Template for the Supply and Delivery Management
Plan appended as Annex K.
• Winning bidder is highly encouraged to use the template provided.
However, bidder may add/delete information on the said template, as it
deemed necessary, provided that the following are included in the
submitted Supply and Delivery Management Plan, viz:

(a) Project Title


(b) Item description and corresponding quantity
(c) Projected timelines for:
• Sourcing from the manufacturer/distributor, if applicable
• Production of goods being offered, if not yet available
• Shipping of goods being offered, if sourced from abroad and
not yet available in the Philippines

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• Delivery of goods/services to COMELEC designated delivery


site

(d) Contact information for after-sales support and services

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Section IV. General Conditions of Contract

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Section IV. General Conditions of the Contract (GCC)

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 916.1
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

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Section V. Special Conditions of the Contract (SCC)


GCC
Clause
Delivery and Documents –
1
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) For Goods supplied from abroad: “The delivery terms applicable to the
Contract are DDP delivered to sites as indicated in Section VI (Schedule
of Requirements). In accordance with INCOTERMS.”

b) For Goods supplied from within the Philippines: “The delivery terms
applicable to this Contract are delivered to sites as indicated in Section VI
(Schedule of Requirements). Risk and title will pass from the Supplier
to the Procuring Entity upon receipt and final acceptance of the Goods at
their final destination.”

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

For purposes of this Clause the Procuring Entity’s Representative at the Project
Site is:

DIR. JOHN REX LAUDIANGCO


Director IV
Education and Information Department
Commission on Elections
Contact Details: (02) 8527-5574 / [email protected]

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
and Section VII. Technical Specifications:

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;

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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. 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.

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 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 the Bidding
Documents 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 (3)
years from the date of Acceptance.

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


case, within the specified time/period of placing the order as indicated in the
Bidding Documents.

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

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case size and weights shall take into consideration, where appropriate, the
remoteness of the Goods’ final destination and the absence of heavy handling
facilities at all points in transit.

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

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

Name of the Procuring Entity


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

A packaging list identifying the contents and quantities of the package is to 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.

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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
Supplier’s 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.

One-time payment shall be made after FULL delivery, inspection and


acceptance of all goods/services indicated in Section VI - Schedule of
2.2
Requirements and submission of all required documents in accordance with
existing accounting and auditing rules and regulations.

Inspection and Test –


Inspection, test and acceptance of all deliverables shall be conducted by the
authorized representatives of the Education & Information Department (EID),
Administrative Services Department (ASD) and/or other offices/body
authorized by the COMELEC.

The inspections and tests that will be conducted include, but not limited to
physical characteristics, quantity and quality, against the Technical
Specifications which shall be conducted prior to the issuance of the Acceptance
and Inspection Report. The goods shall be accepted by the end user only after
passing the inspection.
4
The COMELEC may reject any goods or any part thereof that fail to pass any
test and/or inspection or do not conform to the specifications. The supplier
should either rectify or replace such rejected goods or parts thereof or make
alterations necessary to meet the specifications at no cost to the COMELEC,
and shall repeat the test and/or inspection, at no cost to the COMELEC, upon
giving notice pursuant to the contract.

Neither the execution of a test and/or inspection of the goods or any part thereof,
nor the attendance by the Procuring Entity or its representative, shall release the
supplier from any warranties or other obligations under the contract.

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Warranty -

Must have a warranty of six (6) months on parts and service from the issuance
of Certificate of Acceptance/Inspection Report by the COMELEC authorized
representative/s. In case of malfunction and/or defects during the warranty
period, the winning bidder shall replace the same, free of charge.

The obligation for the warranty shall be covered by, at the Supplier’s option,
either retention money in an amount equivalent to five percent (5%) of every
progress payment, or a special bank guarantee equivalent to five percent (5%)
of the total Contract price. The said amount shall only be released after the lapse
of the warranty period or consumption thereof: Provided, however, That the
supplies delivered are free from patent and latent defects and all the conditions
imposed under the contract have been fully met.

(Note: Per GPPB Resolution No. 30-2017 dated 30 May 2017 and Commission
En Banc Decision Resolution No. 18-0303 dated 17 April 2018)

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Section VI. Schedule of Requirements

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PLEASE USE THIS BID FORM. DO NOT RETYPE OR ALTER


Section VI. Schedule of Requirements
Printing, Supply and Delivery of Election Day (E-Day)
Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)

The delivery schedule expressed as weeks/months stipulates hereafter a delivery date


which is the date of delivery to the project site.

Description Qty Delivery Schedule Delivery Site

Property Division,
Printing of Election Day Within ten (10) Administrative Services
(E-Day) Posters for 201,798 calendar days from Department – COMELEC
posting in Clustered pcs receipt of Notice to Ground Floor, Shipping
Precincts Proceed Centre Bldg., A. Soriano
Ave., Intramuros, Manila

CONFORME:
______________________________________
Name of the Company/Bidder

______________________________________
Name and Signature of the Authorized Representative

______________________________________
Date

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Section VII. Technical Specifications

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PLEASE USE THIS BID FORM. DO NOT RETYPE OR ALTER


Section VII. Technical Specifications

Printing, Supply and Delivery of Election Day (E-Day)


Posters
(Project ID No. 27-2023-BSKE-EDAY)

INSTRUCTION: Bidders must state in the 2nd column (“Statement of Compliance”) 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 subject to the applicable laws and issuances.

STATEMENT OF
COMPLIANCE
TECHNICAL SPECIFICATIONS Just state
“Comply” or “Not
Comply”

201,798 pieces of Election Day (E-Day) Posters

1. Size: 18” x 24” (±5mm)

2. Claycote 10

3. Matte with UV Lamination

4. One-side printing

5. Full color

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STATEMENT OF
COMPLIANCE
TECHNICAL SPECIFICATIONS Just state
“Comply” or “Not
Comply”

6. Other requirements to be submitted during post-qualification,


within a non-extendible period of five (5) calendar days from
receipt by the bidder of the notice from the BAC that it submitted
the S/LCB:

• Five (5) pieces of Posters for evaluation and testing


purposes. Submitted sample must be compliant with all
the requirements provided in Section VII – Technical
Specifications.

Note: For other post-qualification requirements, please refer to Clause


20.2, Section III – Bid Data Sheet

CONFORME:
__________________________________
Name of the Company/Bidder
_____________________________________
Name and Signature of the Authorized Representative

______________________________________
Date

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Section VIII. Checklist of Technical and


Financial Documents

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COMELEC Bids and Awards Committee


CHECKLIST OF TECHNICAL AND FINANCIAL DOCUMENTS
Project : Printing, Supply and Delivery of Election Day (E-Day) Posters
Project ID No : 27-2023-BSKE-EDAY
ABC : ₱14,404,341.24
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 (Pursuant to GPPB Resolution No. 15-
2021 dated 14 October 2021)
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 (per Annex A of
Section IX – Bidding Forms); 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 (per Annex B of Section IX – Bidding
Forms); and
(d) Copy of Bid Security. If in the form of a Surety Bond, submit also a certification
issued by the Insurance Commission;
or
Copy of Notarized Bid Securing Declaration (per Annex C of Section IX –
Bidding Forms);
Notes:
(1) In case of Unnotarized Bid Securing Declaration, it shall be accepted in accordance
with Item 6.1 of GPPB Resolution No. 09-2020; and
(2) Original copy of the submitted Bid Securing Declaration or Other Forms of Bid
Security excluding Cash shall be submitted by the Bidder to and duly received by
the BAC thru its Secretariat during the Post-Qualification Stage pursuant to
Section 30.1 of the 2016 revised IRR of RA 9184, as amended in GPPB Resolution
No. 16-2020 dated 16 September 2020
and

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(e) Technical Requirements


(1) Conformity with Section VI. Schedule of Requirements

(2) Conformity with Section VII. Technical Specifications

(f) Copy of duly signed and notarized Omnibus Sworn Statement (OSS) (per Annex
D of Section IX – Bidding Forms);
and if applicable,
(1) In case of corporation, partnership, or cooperative -Copy of duly signed
and notarized Secretary’s Certificate, Board/Partnership Resolution, or
Special Power of Attorney, whichever is applicable; or

(2) In case of Joint Venture - Copy of duly signed and notarized 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;
or

(3) In case of Sole Proprietorship - Copy of duly signed and notarized Special
Power of Attorney giving full power and authority to its authorized
representative to sign the OSS and do acts to represent the Bidder.

Notes:
(1) The Bidder shall be allowed to submit an Unnotarized Omnibus Sworn Statement
(OSS) subject to compliance therewith after award of contract but before payment in
accordance with Item 6.3 of GPPB Resolution No. 09-2020; and

(2) Original copy of the submitted OSS and if applicable Secretary’s Certificate or SPA,
shall be submitted by the Bidder to and duly received by the BAC thru its Secretariat
during the Post-Qualification Stage pursuant to Section 30.1 of the 2016 revised IRR
of RA 9184, as amended in GPPB Resolution No. 16-2020 dated 16 September 2020

Financial Documents

(g) The prospective bidder’s computation of Net Financial Contracting Capacity


(NFCC) (per Annex E of Section IX – Bidding Forms) which must at least be
equal to the total ABC of the project;
or
A committed Line of Credit from a Universal or Commercial Bank in lieu of its
NFCC computation (per Annex E-1of Section IX – Bidding Forms) which must
be at least equal to ten percent (10%) of the total ABC.

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Class “B” Documents


(h) If applicable, a duly signed joint venture agreement (JVA) in case the joint venture
is already in existence;
or
duly notarized statements from all the potential joint venture partners stating that
they will enter into and abide by the provisions of the JVA in the instance that the
bid is successful (per Annex F of Section IX – Bidding Forms).
Notes:
(1) Each partner of the JV shall submit their respective PhilGEPS Certificates of
Registration in accordance with Section 8.5.2 of the revised IRR of RA No. 9184.

(2) The submission of technical and financial eligibility documents by any of the Joint
Venture partners constitute compliance: Provided, that the partner responsible to
submit NFCC shall likewise submit the Statement of all its ongoing contracts and
Audited Financial Statements.

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

(i) [For foreign bidders claiming by reason of their country’s extension of reciprocal
rights to Filipinos] Certification from the relevant government office of their
country stating that Filipinos are allowed to participate in government procurement
activities for the same item or product.
(j) Certification from the DTI if the Bidder claims preference as a Domestic Bidder or
Domestic Entity.
II. FINANCIAL COMPONENT ENVELOPE
(a) Copy of duly signed and accomplished Financial Bid Form (per Annex G of
Section IX – Bidding Forms); and

(b) Copy of duly signed and accomplished Price Schedule(s) (per Annex G-1 and/or
G-2 of Section IX – Bidding Forms)

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Section IX. Bidding Forms

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BIDDING FORMS

TABLE OF CONTENTS

Annex Particulars Page No.

Annex A Statement of All Ongoing Contracts 42


Annex B Statement of Single Largest Completed Contract 43
Annex C Bid Securing Declaration Form 44
Annex D Omnibus Sworn Statement 45
Annex E Net Financial Contracting Capacity 48
Annex E-1 Committed Line of Credit 49
Annex F Protocol/Undertaking of Agreement to Enter into Joint Venture 50
Annex G Bid Form 52
Annex G-1 Price Schedule for Goods Offered from Abroad 53
Annex G-2 Price Schedule for Goods Offered from within the Philippines 54
Annex H Contract Agreement Form 55
Annex I Performance Securing Declaration 57
Annex J Supply and Delivery Management Plan 58

Page 42 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX A
Printing, Supply and Delivery of Election Day (E-Day) Posters for the
2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)
Approved Budget for the Contract: ₱14,404,341.24

STATEMENT OF ALL ONGOING GOVERNMENT AND PRIVATE CONTRACTS


(Including contracts awarded but not yet started)

Reference
Number
Date &
Name Name of Kinds of Value of and/or Date
Status of Amount of Date of
of the Goods/ Outstanding of NOA/s or
the Contract Delivery
Client Contract Services Contract Purchase
Contract
Order/s or
Contract/s

Total Value of Outstanding Contract

Instructions:

(1) Statement of all ongoing contracts including those awarded but not yet started
(government and private contracts which may be similar or not similar to the project
being bid).

(2) If there is no ongoing contract including those awarded but not yet started, state
none or equivalent terms.

(3) The total amount of the ongoing contracts including those awarded but not yet
started should be consistent with those used in the Net Financial Contracting
Capacity (NFCC).

CERTIFIED CORRECT:

____________________________________
Name & Signature of Authorized Representative

____________________________________
Position
____________________________________
Date

Page 43 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX B
Printing, Supply and Delivery of Election Day (E-Day) Posters for the
2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)
Approved Budget for the Contract: ₱14,404,341.24

STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT SIMILAR TO


THE CONTRACT TO BE BID

Indicate details of ANY


of the following:

(a) Date of End-User’s


Name Name of Date of Kinds of Acceptance
Amount of Date of (b) Date and Number of
of the the Goods/
Contract Delivery Official Receipt/s
Client Contract Contract Services
(c) Date and Number of
Sales Invoice/s

(Corresponding document/s must


be attached and submitted)

Instructions:

(1) Similar contract to the Project shall be completed within five (5) years prior to the deadline for the submission
and receipt of bids as indicated in Clause 5.3 of the Bid Data Sheet.

(2) Similar contract is defined in Clause 5.3 of the Bid Data Sheet.

(3) Bidder shall have completed a single similar contract, adjusted to current prices using the PSA’s CPI should be
at least twenty percent (25%) of the ABC of the project; and

(4) As proof of SLCC, the bidder shall attach to this Annex “B” and submit the End-User’s Acceptance or Official
Receipt/s or Sales Invoice/s issued for the Contract.

(5) Collection Receipt shall not be accepted as proof of SLCC per GPPB NPM No. 040-2016 & NPM No. 125-
2015.

CERTIFIED CORRECT:

____________________________________
Name & Signature of Authorized Representative

_______________________
Position

____________________________________
Date

Page 44 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX C
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)
Approved Budget for the Contract: ₱14,404,341.24

BID SECURING DECLARATION FORM1


[shall be submitted with the Bid if bidder opts to provide this form of bid security]

REPUBLIC OF THE PHILIPPINES)


CITY OF ) S.S.

BID SECURING DECLARATION


Project ID No.: [Insert number]

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

I/We, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by a Bid Security, which
may be in the form of a Bid Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any procurement contract
with any procuring entity for a period of two (2) years upon receipt of your Blacklisting Order; and, (b)
I/we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing
Declaration, within fifteen (15) days from receipt of the written demand by the procuring entity for the
commission of acts resulting to the enforcement of the bid securing declaration under Sections 23.1(b),
34.2, 40.1 and 69.1, except 69.1(f),of the IRR of RA No. 9184; without prejudice to other legal action
the government may undertake.

3. I/We understand that this Bid Securing Declaration shall cease to be valid on the following
circumstances:

a. Upon expiration of the bid validity period, or any extension thereof pursuant to your request;
b. I am/we are declared ineligible or post-disqualified upon receipt of your notice to such effect,
and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a waiver to avail
of said right; and
c. I am/we are declared the bidder with the Lowest Calculated Responsive Bid, and I/we have
furnished the performance security and signed the Contract.

IN WITNESS WHEREOF, I/We have here unto 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

SUBSCRIBE AND SWORN to before me this _____ day of ____________ at ____________, Philippines. Affiant is personally known
to me and was identified by me through competent evidence of identity as defined in 2004 Rules on Notarial Practice (A.M. No. 02-8-
13-SC). Affiant exhibited to me his/her ______________________ with no. ________________________, with her photograph and
signature appearing thereon.
----------------------------------
1
Pursuant to GPPB Resolution No. 16-2020 dated 16 September 2020

Page 45 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX D
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)

OMNIBUS SWORN STATEMENT (Revised2)


[shall be submitted with the Bid]

REPUBLIC OF THE PHILIPPINES)


CITY/MUNICIPALITYOF _________) 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;

----------------------------------
2
Revised per GPPB Resolution No. 16-2020 dated 16 September 2020

Page 46 of 73
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Commission on Elections Project ID No. 27-2023-BSKE-EDAY

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

6. [Select one, delete the rest:]

[If a sole proprietorship:] The owner or sole proprietor is not related to the Head of the
Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical

Working Group, and the BAC Secretariat, the head of the Project Management Office or
the end-user unit, and the project consultants by consanguinity or affinity up to the third
civil degree;

[If a partnership or cooperative:] None of the officers and members of [Name of Bidder]
is related to the Head of the Procuring Entity, members of the Bids and Awards Committee
(BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project
Management Office or the end-user unit, and the project consultants by consanguinity or
affinity up to the third civil degree;

[If a corporation or joint venture:] None of the officers, directors, and controlling
stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members
of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC
Secretariat, the head of the Project Management Office or the end-user unit, and the project
consultants by consanguinity or affinity up to the third civil degree;

7. [Name of Bidder] complies with existing labor laws and standards; and

8. [Name of Bidder] is aware of and has undertaken the responsibilities as a Bidder in


compliance with the Philippine Bidding Documents, which includes:

a. Carefully examining all of the Bidding Documents;


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

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

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

Page 47 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

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

SUBSCRIBE AND SWORN to before me this _____ day of ____________ at ____________, Philippines. Affiant is personally known
to me and was identified by me through competent evidence of identity as defined in 2004 Rules on Notarial Practice (A.M. No. 02-8-
13-SC). Affiant exhibited to me his/her ______________________ with no. ________________________, with her photograph and
signature appearing thereon.

Page 48 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX E
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)

NET FINANCIAL CONTRACTING CAPACITY


(Please show figures at how you arrived at the NFCC)

Our Net Financial Contracting Capacity (NFCC) is at least equal to ₱14,404,341.24,


the total Approved Budget for the Contract (ABC) of the project we are bidding.

The amount of our NFCC is computed as follows:

CA = Current Assets P
LESS -
CL = Current Liabilities P
Sub-total 1 P
X 15
Sub-total 2 P
LESS -
C = Value of all outstanding or uncompleted P
portions of the project under on-going
contracts, including awarded contracts yet to
be started coinciding with the contract for this
Project
NET FINANCIAL CONTRACTING CAPACITY P

SUBMITTED BY:

____________________________________
Name & Signature of Authorized Representative

_______________________
Position

____________________________________
Date

Instructions:
1) The value of the bidder’s current assets and current liabilities must be based on the latest Audited Financial
Statements submitted to the BIR.
2) The value of all outstanding or uncompleted contracts refers to those listed in Annex A.
3) The detailed computation using the required formula must be shown as provided for in Annex E.
4) The NFCC computation must at least be equal to the total ABC of the Project

Page 49 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX E-1
(Name of Bank)
COMMITTED LINE OF CREDIT

Date: ______________

COMMISION ON ELECTIONS
Intramuros, Manila

Contract/Project :
Company/Firm :
Address :
Bank/Financing Institution :
Address :

This is to certify that the above Bank/Financing Institution with business address
indicated above, commits to provide the (Bidder’s Name), if awarded the above-mentioned
Contract, a credit line in the amount specified below which shall be exclusively used to finance
the performance of the above-mentioned Contract subject to our terms, conditions and
requirements.

The committed Line of Credit in the amount of (State the amount which should be at
least equivalent to ten percent (10%) of the ABC of the Project) is effective or available on
date of the submission and opening of bids.

This Certification is being issued in favor of said (Bidder’s Name) in connection with
the bidding requirement of the Commission on Elections for the above-mentioned Contract.
We are aware that any false statements issued by us make us liable for perjury.

This committed line of credit cannot be terminated or cancelled without the prior written
approval of the Commission on Elections.

__________________________
Name and Signature of Authorized Financing Institution Office
_____________________________
Official Designation
Concurred by:

____________________________________________________________________
Name and Signature of (Supplier/Distributor/Manufacturer/Contractor’s) Authorized Representative

_____________________________
Official Designation

Note: The Committed Line of Credit attached herein is only a suggested form. Bidder may submit the standard form used by
the bank for the Committed Line of Credit (CLC) as long as the following are indicated/complied with, viz:

(1) Issued by a universal or commercial bank;


(2) CLC is at least equal to 10% of the ABC of the project being bid; and
(3) Effective or available on the date of bid submission.

Page 50 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX F
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)

PROTOCOL/UNDERTAKING OF AGREEMENT TO ENTER


INTO JOINT VENTURE

This PROTOCOL/UNDERTAKINGOF AGREEMENT TO ENTER INTO


JOINT VENTURE, executed by:
…………………………………. a sole proprietorship/partnership/corporation
duly organized and existing under and by virtue of the laws of the Philippines, with
offices located at ……………………………….., ………………………………..,
represented herein by its ………………………………..,
……………………………….., hereinafter referred to as
“………………………………..”;
-and-

…………………………………. a sole proprietorship/partnership/corporation


duly organized and existing under and by virtue of the laws of the Philippines, with
offices located at ……………………………….., ………………………………..,
represented herein by its ………………………………..,
……………………………….., hereinafter referred to as
“………………………………..”;

For submission to the Bids and Awards Committee of the Commission on Elections,
pursuant to Section 23.1 (b) of the Revised Implementing Rules and Regulations (IRR)
of Republic Act (RA) No. 9184.

WITNESSETH That:

WHEREAS, the Parties desire to participate as a joint venture in the public bidding that
will be conducted by the Commission on Elections pursuant to Republic Act No. 9184 and its
implementing rules and regulations, with the following particulars:

Project ID No.
Name/Title of Procurement Project
Approved Budget for the Contract

NOW THEREFORE, in consideration of the foregoing, the Parties undertake to enter


into a JOINT VENTURE and sign a Joint Venture Agreement relative to their joint
cooperation for this bid project, in the event that their bid is successful, furnishing the
COMELEC BAC a duly signed and notarized copy thereof within ten (10) calendar days from
receipt of Notice from the BAC that our bid has the lowest calculated responsive bid or highest
rated responsive bid (as the case may be).

Page 51 of 73
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Commission on Elections Project ID No. 27-2023-BSKE-EDAY

For purposes of this bid project, and unless modified by the terms of the Joint Venture Agreement,
the following party shall be the authorized representative of the JV:

JV Partner (Name of Company):


_____________________________________________________
Authorized Representative of the JV Partner: (Per attached Secretary’s Certificate)
__________________________________________
Name
__________________________________________
Designation

That furthermore, the parties agree to be bound jointly and severally under the said Joint Venture
Agreement;

THAT Finally, failure on our part of enter into the Joint Venture and/or sign the Joint
Venture Agreement for any reason after the Notice of Award has been issued by shall be a ground
for non-issuance by COMELEC of the Notice to Proceed, forfeiture of our bid security and such
other administrative and/or civil liabilities as may be imposed by COMELEC under the provisions
of R.A. 9184 and its Revised IRR, without any liability on the part of COMELEC.

This Undertaking shall form an integral part of our Eligibility documents for the above-cited
project.

IN WITNESS WHEREOF, the parties have signed this Protocol/Undertaking on the date first
above-written.

____________________________________________
JV Partner 1’s Representative/Authorized Signatory

____________________________________________
JV Partner 2’s Representative/Authorized Signatory

SUBSCRIBE AND SWORN to before me this _____ day of ____________ at ____________, Philippines. Affiant is personally known
to me and was identified by me through competent evidence of identity as defined in 2004 Rules on Notarial Practice (A.M. No. 02-8-
13-SC). Affiant exhibited to me his/her ______________________ with no. ________________________, with her photograph and
signature appearing thereon.

Page 52 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX G
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)
Approved Budget for the Contract: ₱14,404,341.24
BID FORM
[shall be submitted with the Bid]
Date:
Project ID 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 to [supply/deliver/perform] [description of the Goods]in conformity with the said
PBDs for the sum of [total Bid amount in words and figures] or the total calculated bid price, as
evaluated and corrected for computational errors, and other bid modifications in accordance with the
Price Schedules attached here with and made part of this Bid. The total bid price includes the cost of all
taxes, such as, but not limited to: [specify the applicable taxes, e.g. (i) value added tax (VAT), (ii) income
tax, (iii) local taxes, and (iv) other fiscal levies and duties], which are itemized herein or in the Price
Schedules,

If our Bid is accepted, we undertake:


a. To deliver the goods in accordance with the delivery schedule specified in the Schedule of
Requirements of the Philippine Bidding Documents (PBDs);
b. to provide a performance security in the form, amounts, and within the times prescribed in
the PBDs;
c. to abide by the Bid Validity Period specified in the PBDs and it shall remain binding upon
us at any time before the expiration of that period.

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

We understand that you are not bound to accept the Lowest Calculated Bid or any Bid you may
receive.
We certify/confirm that we comply with the eligibility requirements pursuant to the PBDs.
The undersigned is authorized to submit the bid on behalf of [name of the bidder] as evidenced
by the attached [state the written authority].

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

Name: _________________________________________________
Legal capacity: _________________________________________
Signature: ______________________________________________
Duly authorized to sign the Bid for and behalf of: ________________________
Date: ____________________

Page 53 of 73
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Commission on Elections Project ID No. 27-2023-BSKE-EDAY

\
ANNEX G - 1
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)
Approved Budget for the Contract: ₱14,404,341.24

PRICE SCHEDULE FOR GOODS OFFERED FROM ABROAD


[shall be submitted with the Bid if Bidder is offering goods from Abroad]

For Goods Offered from Abroad

Name of Bidder
Project ID No. _______________________
Page ______of ______________

1 2 3 4 5 6 7 8 9
Unit price CIF port
of entry (specify
port) or Total CIF or
Unit Price Unit price Total Price
Country CIP named CIP price per delivered
Item Description Quantity place item Delivered Duty Delivered Duty
of origin DDP
Unpaid (DDU) Paid (DDP)
(col 4 x 8)
(col. 4 x5)
(specify border point or
place of destination)

Note to bidders in accomplishing Annex G-1:

• Indicating zero (0) or dash (-) for required items would mean that it is being offered for free to
the government, except those required by law or regulations to be provided for pursuant to
Section 32.2.1 of the 2016 Revised IRR of RA 9184.

Name: _________________________________________________
Legal capacity: _________________________________________
Signature: ______________________________________________
Duly authorized to sign the Bid for and behalf of: ________________________
Date: ____________________

Page 54 of 73
Printing, Supply and Delivery of Election Day (E-Day) Posters
Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX G - 2
Printing, Supply and Delivery of Election Day (E-Day) Posters for the 2023 BSKE
(Project ID No. 27-2023-BSKE-EDAY)
Approved Budget for the Contract: ₱14,404,341.24
PRICE SCHEDULE FOR GOODS OFFERED FROM WITHIN THE
PHILIPPINES
[shall be submitted with the Bid if Bidder is offering goods from within the Philippines]

For Goods Offered from Within the Philippines


Name of Bidder
Project ID No. _______________________
Page ______of ______________

1 2 3 4 5 6 7 8 9 10
Total Total Price
Transportation Sales and other Cost of Price, delivered
Unit and all other taxes payable if Incidental
Country per unit Final
Item Description Quantity price costs incidental Contract is Services, if Destination
of origin EXW to delivery, per awarded, per applicable, per (col
per item item item item 5+6+7+ (col 9) x
8) (col 4)

Notes to bidders in accomplishing Annex G-2:


(1) For Column 7- If there are Other Taxes Payable if Contract is awarded (per item), please specify the
said applicable taxes pursuant to Section 32.2.2 of the 2016 Revised IRR of RA 9184;

(2) Indicating zero (0) or dash (-) for required items would mean that it is being offered for free to the
government, except those required by law or regulations to be provided for pursuant to Section 32.2.1
of the 2016 Revised IRR of RA 9184

Name: _________________________________________________
Legal capacity: _________________________________________
Signature: ______________________________________________
Duly authorized to sign the Bid for and behalf of: ________________________
Date: ____________________

Page 55 of 73
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Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX H
CONTRACT AGREEMENT FORM FOR THE
PROCUREMENT OF GOODS (Revised5)
[Not required to be submitted with the Bid, but it shall be submitted within ten (10) calendar days after
receiving the Notice of Award]

CONTRACT AGREEMENT
THIS AGREEMENT made this day of __________between [name of PROCURING ENTITY]
of the Philippines (hereinafter called “the Entity”) of the one part and [name of Supplier] of [city and
country of Supplier] (hereinafter called “the Supplier”) of the other part;

WHEREAS, the Entity invited Bids for certain goods and ancillary services, particularly [brief
description of goods and services] and has accepted a Bid by the Supplier for the supply of those goods
and services in the sum of [contract price in words and figures in specified currency] (hereinafter
called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.

2. The following documents as required by the 2016 revised Implementing Rules and
Regulations of Republic Act No. 9184 shall be deemed to form and be read and
construed as integral part of this Agreement, viz.:

i. Philippine Bidding Documents (PBDs);


i. Schedule of Requirements;
ii. Technical Specifications;
iii. General and Special Conditions of Contract; and
iv. Supplemental or Bid Bulletins, if any

ii. Winning bidder’s bid, including the Eligibility requirements, Technical and
Financial Proposals, and all other documents or statements submitted;

Bid form, including all the documents/statements contained in the Bidder’s


bidding envelopes, as annexes, and all other documents submitted (e.g., Bidder’s
response to request for clarifications on the bid), including corrections to the bid,
if any, resulting from the Procuring Entity’s bid evaluation;

iii. Performance Security;

iv. Notice of Award of Contract; and the Bidder’s conforme thereto; and

----------------------------------
5
Pursuant to GPPB Resolution No. 16-2020 dated 16 September 2020

Page 56 of 73
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v. Other contract documents that may be required by existing laws and/or the
Procuring Entity concerned in the PBDs. Winning bidder agrees that
additional contract documents or information prescribed by the GPPB that
are subsequently required for submission after the contract execution, such
as the Notice to Proceed, Variation Orders, and Warranty Security, shall
likewise form part of the Contract.

3. In consideration for the sum of [total contract price in words and figures] or such other
sums as may be ascertained, [Named of the bidder] agrees to [state the object of the
contract] in accordance with his/her/its Bid.

4. The [Name of the procuring entity] agrees to pay the above-mentioned sum in
accordance with the terms of the Bidding.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of the Republic of the Philippines on the day and year first above written.

[Insert Name and Signature] [Insert Name and Signature]

[Insert Signatory’s Legal Capacity] [Insert Signatory’s Legal Capacity]

for: for:

[Insert Procuring Entity] [Insert Name of Supplier]

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

Page 57 of 73
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Commission on Elections Project ID No. 27-2023-BSKE-EDAY

ANNEX I
PEFORMANCE SECURING DECLARATION (Revised6)
[If used as an alternative performance security but it is not required to be submitted with the Bid, as it shall be
submitted within ten (10) days after receiving the Notice of Award]
REPUBLIC OF THE PHILIPPINES)
CITY OF ________________) S.S.

Performance Securing Declaration


Invitation to Bid: [Insert Reference Number indicated in the Bidding Documents]
To: [Insert name and address of the Procuring Entity]

I/We, the undersigned, declare that:

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

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

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

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

i. Procuring Entity has no claims filed against the contract awardee;


ii. It has no claims for labor and materials filed against the contractor; and
iii. Other terms of the contract; or

b. replacement by the winning bidder of the submitted PSD with a performance security in
any of the prescribed forms under Section 39.2 of the 2016 revised IRR of RA No. 9184
as required by the end-user.

IN WITNESS WHEREOF, I/We have here unto 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

SUBSCRIBE AND SWORN to before me this _____ day of ____________ at ____________, Philippines. Affiant is personally known to
me and was identified by me through competent evidence of identity as defined in 2004 Rules on Notarial Practice (A.M. No. 02-8-13-
SC). Affiant exhibited to me his/her ______________________ with no. ________________________, with her photograph and signature
appearing thereon.

----------------------------------
6Pursuant to GPPB Resolution No. 16-2020 dated 16 September 2020 and GPPB Resolution No. 09-2020 dated 07 May 2020 to

be used as an alternate performance security during a state of calamity or imposition of community quarantine

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ANNEX J
TEMPLATE FOR
SUPPLY AND DELIVERY MANAGEMENT PLAN
[Not required to be submitted with the Bid, but it shall be submitted within ten (10) calendar days after receiving the
Notice of Award in compliance with COMELEC Minute Resolution No. 22-1073]

Date: ______________

COMMISION ON ELECTIONS
Intramuros, Manila

Contract/Project :

Company/Firm :
Address :
Contact Information
(Phone Number/s & Email Address) :

I. PROJECT OVERVIEW

This Plan will present the end-to-end timelines for the sourcing, production, shipment,
delivery and after-sales support and services needed for the completion of the project.

(Note: Bidder may edit project overview, as it deemed necessary)

II. OBJECTIVES

This Plan aims to:

(a) Present projected timelines to ensure that all requirements of the project will be
delivered within the period specified in the Bidding Documents; and

(b) Ensure conformity with the technical specifications/requirements of the project

(Note: Bidder may edit project objectives, as it deemed necessary)

III. PROJECT REQUIREMENTS

Notes:
• Include here item description and corresponding quantity
• Winning bidder may include other project requirements stated in the Bidding
Documents, as it deemed necessary

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IV. PROJECTED TIMELINES

Notes:
• Winning bidder must include here projected timelines for:

 Sourcing from the manufacturer/distributor, if applicable

 Production of goods being offered, if not yet available


 Shipping of goods being offered, if sourced from abroad and not yet
available in the Philippines

 Delivery of goods/services at COMELEC designated delivery site

• Winning bidder may add further information to ensure that all goods/services
shall be delivered within the prescribed period stated in the Bidding Documents

V. WARRANTY

Note: Indicate here warranty provision of the contract as specified in the Bidding
Documents

VI. CONTACT INFORMATION FOR AFTER-SALES SUPPORT & SERVICES

Notes:
• Indicate here contact information for After-Sales Support & Services
• Winning bidder may include service center/s, if available or as applicable

CERTIFIED CORRECT:

____________________________________
Name & Signature of Authorized Representative

_______________________
Position

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Section X. Instructions

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NOTICE ON THE CONDUCT OF ONLINE PRE-BID CONFERENCE

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PROCEDURE ON ONLINE SUBMISSION, RECEIPT AND


OPENING OF BIDDING DOCUMENTS

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