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DEPARTMENT OF LABOR AITD EMPLOYMENT XII

BIDS & AWARDS COMMITTEE

BIDDING DOCUMENTSFOR THE

Procurement of Long SleeveShirt for TUPAD Beneficiaries

(Public Bidding No. PB-2022-02-00 I )

February 2022

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Preface

These Philippine Bidding Documents (PBDs) for the procurement of Coods throughCompetitive Bidding have been prepared by the Govemment of the Philippines for use by anybranch, constitutional commission or office, agency, department, bureau, office, orinstrumentality of the Govemment of the Philippines, National Govemment Agencies,including Govemment-Owned and/or Controlled Corporations, Government FinancingInstitutions, State Universities and Colleges and Local Govemment Unit. The procedures andpractices presented in this document have been developed through broad experience, and arefor mandatory use in projects that are financed in whole or in part by the Govemment of thePhilippines or any foreign govemmenVforeign or intemational financing institution inaccordance with the provisions of the 2016 revised Implementing Rules and Regulations ofRepublic Act No. 9184.

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

Care should be taken to check the relevance ofthe provisions of the PBDs against therequirements ofthe specific Goods to be procured. If duplication ofa subject is inevitable inother sections of the document prepared by the Procuring Entity, care must be exercised toavoid contradictions between clauses dealing with the same matter.

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

All the documents listed in the Table ofContents are normally required for theprocurement of Goods. However, they should be adapted as necessary to thecircumstances of the particular Procurement Project.

Specific details, such x the "name of the Procuring Entitf' and "address forbid submission,'' should be fumished in the Instruclions to Bidders, Bid DataSheet, and Special Conditions ofContract. The final documents should containneither blank spaces nor options.

This Preface and the footnotes or notes in italics included in the Invitation toBid, Bid Data Sheet, General Conditions of Contract, Special Conditions ofContract, Schedule of Requirements, and Specifications are not part ofthe textof the final document, although they contain instructions that the ProcuringEntity should strictly follow.

The cover should be modified as required to identify the Bidding Documents as

to the Procurement Project, Project Identification Number, and ProcuringEntity, in addition to the date of issue.

Modifications for specific Procurement Project details should be provided in theSpecial Conditions of Contract as amendments to the Conditions of Contract.For easy completion, whenever reference has to be made to specific clauses inthe Bid Data Sheet or Special Conditions of Contract, these terms shall be

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printed in bold typ€face on Sections I (Instructions to Bidders) and III (GeneralConditions of Contract), respectively.

For guidelines on the use of Bidding Forms and the procurement of Foreign-Assisted Projects, these will be covered by a separate issuance of theGovemment Procurement Policy Board.

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Table of Contents

Glossary of Acronyms, Terms, and AbbreviationsSectionl.Invitationto Bid.............

Scope ofBidFunding Information......

Bidding Requirements

Comrpt, Fraudulent, Collusive, and Coercive Practices

Eligible Bidders

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Origin of Goods

Subcontracts

Pre-Bid Conference ... . . .

Clarification and Amendment of Bidding Documents . . . . . -

10. Documents comprising the Bid: Eligibility and Technical Components

1 l. Documents comprising the Bid: Financial Component

12. BidPrices......13. Bid and Payment Currencies

14. Bid Security...15. Sealing and Marking of Bids ....16. Deadline for Submission of Bids

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t7 Opening and Preliminary Examination of Bids l318. DomesticPreference l3l9 Detailed Evaluation and Comparison of Bids ... ... ...

20 Post-Qualification ...... l421 Signing ofthe Contract

Section III. Bid Data Sheet ........15Section IV. General Conditions of Contract .....................17

. Scope ofContract l8Advance Payment and Terms ofPayment t8Performance Security ... ... ... l8Inspection and Tests ......

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.... 19Warranty

Liability of the Supplier t9Section V. Special Conditions of Contract ......20Section VI. Schedule of Requirements............. ................23Section VII. Technical Specifications ................ ..............24Section VIII. Checklist of Technical and Financial Documents ..............27

Glossary of Acronyms, Terms, andAbbreviations

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 toand in consonance with the requiremenls of the bidding documents. Also referred to as

Propo.sal and ?ender. (2016 revised IRR, Section 5[c])

Bidder - Refers to a contractor, manufacturer, supplieq distributor and/or consultant whosubmits a bid in response to the requirements of the Bidding Documents. (2016 revised IRR,Section 5[d])

BIR Bureau of Internal Revenue

BSP - BangkoSentral ng Pilipinas.

Consulting Services - Refer to services for lnfrastructure Projects and other types ofprojectsor activities ofthe GOP requiring adequate extemal technical and professional expertise thatare 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 servicesor special studies. (2016 revised IRR, Section 5[i])

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

CIF - Cost Insurance and Freight.

CIP - Carriage and lnsurance Paid.

CPI - Consumer Price Index.

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

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Bidding Documents - The documents issued by the Procuring Entity as the bases for bids,furnishing all information nec€ssary for a prospective bidder to prepare a bid for the Goods,Infrastructure Projects, and/or Consulting Services required by the Procuring Entity (2016revised IRR, Section 5[e])

CDA - Cooperative Development Authority.

FOB - "Free on Board" shipping point.

Foreign-funded Procurement or Foreign-Assisted Project-Refers to procurement whosef,unding source is from a foreign government, foreign or international financing institution as

specified in the Treaty or International or Executive Agreement. (2016 revised IRR, Section5tbl)

Framework Agreement Refers to a written agreement betrveen a procuring entity and asupplier or service provider that identifies the terms and conditions, under which specificpurchases, otherwise known as "Call-Offs," are made for the duration ofthe agreement. It is inthe nature of an option contract between the procuring entity and the bidder(s) granting theprocuring entity the option to either place an order for any of the goods or services identifiedin the Framework Agreement List or not buy at all, within a minimum period of one (1) yearto a maximum period of three (3) years. (GPPB Resolution No. 27-2019)

GFI Govemment Financial Institution

GOCC -Govemment-owned and/or --controlled corporation

Goods - Refer to all items, supplies, materials and general support services, except ConsultingServices and Infrastructure Projects, which may be needed in the transaction of publicbusinesses or in the pursuit ofany govemment undertaking, project or activity, rvhether in thenature of equipment, furniture, stationery, materials for construction, or personal property ofany kind, including non-personal or contractual services such as the repair and maintenance ofequipment and furniture, as well as trucking, hauling, janitorial, security, and related oranalogous services, as well as procurement of materials and supplies provided by the ProcuringEntity for such services. The term "related" or "analogous services" shall include, but is notlimited to, lease or purchase of office space, media advertisements, health maintenanceservices, and other services essential to the operation of the Procuring Entity. (2016 revisedIRR, Section 5[r])

GOP - Govemment of the Philippines.

GPPB -Govemment Procurement Policv Board.

INCOTERMS - Intemational 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,inigation, flood control and drainage, water supply, sanitation, sewerage and solid wastemanagement systems, shore protection, energy/power and electrification facilities, nationalbuildings, school buildings, hospital buitdings, and other related construction projects of thegovernment. Also referred to as civil works or work.t. (2016 revised IRR, Section 5[u])

LtGUs - Local Govemment Units.

NFCC - Net Financial Contracting Capacity.

NGA - National Government Agency.

PhiIGEPS - Philippine Govemment 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

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which shall be consolidated in the procuring entity's Annual Procurement Plan. (GPPB CircularNo. 06-2019 dated l7 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 organizedand registered under the laws where it is established, habitually established in Lrusiness andengaged in the manufacture or sale ofthe merchandise or perlormance ofthe general servicescovered by his bid. (Item 3 8 of GPPB Resolution No. 13-2019, dated23 May 2019). Supplieras used in these Bidding Documents may likewise refer to a distributor, manufacturer,contractor, or consultant.

UN - United Nations.

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DEPARTMENT OF L,4BOR AND EMPLOYMENT XII

IxvrrauoN ro BrnronTHE PftOCUREMENT OF LONG SLEEYET-SHIRTS FOR TAPAD BENEFICIARIES

(P.8. 2022-02-001)

The DEPARI'ML)NT'Oh' LABOR AND EMPLOYMENT XII, through its 2022 GeneralAppropriation (General Fund) intends to apply the sum of THREE MILLION TWOHUNDRED THIRTY-SEVEN THOASAND FIW HANDRED PESOS(P3,237,500.00), being the Approved Budget for the Contract (ABC) to paymentsunder the contract for the Procurement of Long Sleeve T-Shirts for I'LlPAl)Beneficiaries uruler l'.R. 2022-02-001. Bids received in excess of the ABC shall beautomatically rejected at bid opening.

The DEI'AllT'MliN7'Ol; I-AROR AND EMPLOYA,IEM'X11 now invites bids for theabove Procurement Project. Delivery ofthe TUPAD Shirts is required within 15 daysupon receipt ofthe Notice to Proceed. The description ofan eligible bidder is containedin the Bidding Documents, particularly, in Section II (Instructions to Bidders).

Bidding will be conducted through open competitive bidding procedures using a non-discretionary "pass'fuil' citerion as specified in the 2016 revised Implementing Rulesand Regulations (lRR) of Republic Act (RA) No. 9184, otherwise known as the"Govemment Procurement Reform Act". Bidding is restricted to Filipino citizens/soleproprietorships, partnerships, or organizations with at least sixty percent (60%) interestor outstanding capital stock belonging to citizens of the Philippines, and to citizens ororganizations of a country the laws or regulations of which grant similar rights orprivileges to Filipino citizens, pursuant to RA No. 5183.

Prospective Bidders may obtain further information ftom Department of labor andEmployment XII and inspect the Bidding Documents at the address given duing oficehours at 8:00 AM to 5:00 PM from the BAC Secretariat, c.i'o lvy Jean D. De Leon,Department of Labor and Employment XII, 102 Acepal Building, Mabtni Extewion,Koronodal City with telephone number (083) 228-2190.

A complete set of Bidding Documents may be acquired by interested Bidders onl.'ehruary 21, 2022 to March 14,2022 9:00AM from the given address and website(s)below and upon payment oJ the nonrefundable fee/o r the Bidding DocumL'nts, pursuantto the latest Guidelines issued by the GPPB, in the amount of FIW THOUSANDPESOS (P5,000.00).

It may also be downloaded free of charge from the website of the PhilippineGovemment Electronic Procurement System (PhilGEPS) and the website of theProcuring Entity, provided that bidders shall pay the nonrefundable fee for the biddingdocuments not later than the submission oftheir bids.

The Procuring Entity shall allow the bidder to present its proof of payment for the feesand will be presented in person.

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7 The DEPARTMENT OF LABOR AND EMPLOYMENT XII will hold a Pre-BidConferencer on March 1, 2022 at the Department of Labor and Employtnent XII, 102

Acepol Building, Mabini Exlension, Koronadal Ciry which shall be open to prospective

bidders.

Bids must be duly received by the BAC Secretariat through the above-mentionedaddress on or before the Deadline for Submission of Bids.

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

r *P64,750.00 (2% of ABC), ifbid security is in cash, cashier's/manager' s check,bank draffy'guarantee or irrevocable letter ofcredit;

o P 161 ,875.00 (5% oJ AB{) ifbid security is in Surety Bond;o Any combination of the foregoing proportionate to the share of form with respect

to total amount of security; ORo Bid Securing Declaration (notarized) Pursuant to GPPB Resolution No. 3-201 2o Deadline for Submission of Bids shall be on Marrh l+ 2022 at 9:fi) A.M. Bid

opening shall be on March 14,2022 at 02:00P.M., at the Deparfirent of Laborand Employment XII, 102 ACEPAL Bldg, Mabini Extension, Koronadal City.

Bids will be opened in the presence ofthe Bidders' representatives who choose to attendthe opening of bids. Late bids shall not be accepted.

10. Bid opening shallbe on March 14,2022 02:001,M attbe given address below:

Departrnent of Labor and Employment XII, 102 Acepal Bldg, Mabini Extension,Koronadal City. Bids will be opened in the presence ofthe bidders' representativeswho choose to attend the activity.

The DEPARTMENT OF LABOR AND EMPLOYMENT XII reserves the right to rejectany and all bids, declare a failure ofbidding, or not award the contract at any time priorto contract award in accordance with Sections35.6 and 4l of the 2016 revised IRR ofRA No. 9184, without thereby incurring any liability to the affected bidder or bidders.

IWJEAN D. DE LEONAdministrative Assistant II./ BAC SecretariatDepartment of Labor and Employment XII102 Acepal Bldg, Mabint Extcnsion,Koronadal City South Cotabatodole I 2. ro@gmail. com/dole 1 2. bacsec@gtnail. com(083) 228-2 1 90,',(083) s20-0 t 2 s

February 21, 2022

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I May be delcted in case the ABC is less than One Million Pesos (PhP1,000,000) whoe the Procuring Entity may not hold aPre-Bid Conference.

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12. For further information, please refer to:

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Section II. Instructions to Bidders

Notes on the Instructions to Bidders

This Section on the lnstruction to Bidders (lTB) provides the information necessary forbidders to prepare responsive bids, in accordance with the requirements of thc ProcuringEntity. It also provides information on bid submission, eligibility check, opening andevaluation ofbids, post-qualification, and on the award ofcontract.

l. Scope of Bid

The Procuring Entity, DEPARTMENT OF LABOR AND EMPLOYMENT XII wishesto receive Bids for the Procurement of Long Sleeve T-Shirts fir TLIPAD Beneficiariesunder a Framework Agreement, with identification number P.8. 2022-02-001 .

The Procurement Project (refened to herein as "Project") is composed ol'Long SleeveT-Shirts -for TUPAD Beneficiaries lhe details of which are described in Section VII(Technical Specifi cations).

2. Funding Information

2.1 The GOP through the source of funding as indicated below for 2022 in theamount of P3,2J7, 500.00

2.2. The source of funding is

NGA, the General Appropriations Act or Special Appropriations

3. BiddingRequirements

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

The Bidder, by the act of submitting its Bid, shall be deemed to have verified andaccepted the general requirements ofthis Project, including other factors that may affectthe cost, duration and execution or implementation ofthe contract, project, or work andexamine all instructions, forms, terms, and project requirements in the BiddingDocuments.

4. Corrupt, Fraudulent, Collusive, and Coercive Practices

The Procuring Entity, as well as the Bidders and Suppliers, shall obsene the higheststandard of ethics during the procuement and execution of the contract. They orthrough an agent shall not engage in comrpt, fraudulent, collusive, coercive, and

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The Bidding for the Project shall be govemed by all the provisions ofRA No. 9l 84 andits 2016 revised IRR, including its Generic Procurement Manuals and associatedpolicies, rules and regulations as the primary source thereof, while the herein clausesshall serve as the secondary source thereof

obstructive practices defined under Annex "l" ofthe 2016 revised IRR ofRA No. 9184

or other integrity violations in competing for the Project.

5. Eligible Bidders

5l Only Bids of Bidders found to be legally, technically, and financially capable

will be evaluated.

5.2 Foreign ownership exceeding those allowed under the nrles may participatepursuant to:

When a Treaty or lntemational or Executive Agreement as

provided in Section 4 ofthe RA No. 9184 and its 2016 revised IRRallow forergr bidders to participate;

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l When the Goods sought to be procured are not available from localsuppliers; or

lv When there is a need to prevent situations that defeat competitionor restrain trade.

Pursuant to Section 23.4.1.3 ofthe 2016 revised IRR ofRA No.9184, the Biddershall have an SLCC that is at least one (1) contract similar to the Project thevalue ofwhich, adjusted to cunent prices using the PSA's CPI, must be at leastequivalent to:

For the procurement ofNon-expendable Supplies and Services: The Biddermust have completed a single contract that is similar to this Prqect,equivalent to at least fifty percent (50%) of the ABC.

b. For procurement where the Procuring Entity has determined, after theconduct of market research, that imposition of 5.3.a as stated above willlikely result to failure ofbidding or monopoly that will defeat the purposeof public bidding: the Bidder should comply with the followingrequirements:

Completed at least two (2) similar contracts, the aggregate amountof which should be equivalent to at least fifty percent (50o/o) in thecase of non-expendable supplies and services

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The Bidders shall comply with the eligibility criteria under Section 23.4. I of the2016IRR ofRA No. 9184.

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Citizens, corporations, or associations ofa country, included in thelist issued by the GPPB, the laws or regulations ol which grantreciprocal rights or privileges to citizens, corporations, orassociations of the Philippines;

The largest of these similar contracts must be equivalent to at leasthalfofthe percentage ofthe ABC as required above.

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6. Origin of Goods

There is no restriction on the origin of goods other than those prohibited by a decisionofthe UN Security Council taken under Chapter VII of the Charter ofthe UN, subjectto Domestic Preference requirements under ITB Clause 18.

7. Subcontracts

The Bidder may subcontract portions ofthe Project to the extent allowed by theProcuring Entity as stated hereirl but in no case more than twenty percent (20%)ofthe Project.

The Procuring Entity has prescribed that subconhacting is not allowed

8. Pre-Bid Conference

The Procuring Entity will hold a pre-bid conference for this Project on the specifieddate and time and either at its physical address 102 Acepal Bldg, Mabini Extension,Koronadal City.

9. Clarification and Amendment of Bidding Documents

Prospective bidders may request for clarification on and/or interpretation olany part ofthe Bidding Documents. Such requests must be in writing and received by theProcuring Entity, either at its grven address or through electronic mail indicated in theIB, at least ten ( l0) calendar days before the deadline set for the submission and receiptof Bids.

10. Documents comprising the Bid: Eligibility and Technical Components

10.1. The first envelope shall contain the eligibility and technical docunents of theBid as specified in Section VItr (Checklist of Technical and FinancialDocuments).

10.2. The Bidder's SLCC as indicated in ITB Clause5.3 should have been completedwithin the last Three (3) years prior to the deadline for the subrnission and

receipt ofbids.

10.3. If the eligibility requirements or statements, the bids, and all other documentsfor submission to the BAC are in foreign language other than English, it mustbe accompanied by a translation in English, which shall be authenticated by theappropriate Philippine foreign sewice establishment, post, or the equivalentoffice having jurisdiction over the foreign bidder's affairs in the Philippines.Similar to the required authentication above, for Contracting Parties to theApostille Convention, only the translated documents shall be authenticatedtkough an apostille pursunt to GPPB Resolution No. 13-2019 dated 23 May2019. The English translation shall govem, for purposes of interpretation ofthebid.

11. Documents comprising the Bid; Financial Component

11.2. If the Bidder claims preference as a Domestic Bidder or Domestic Entity, acertification issued by DTI shall be provided by the Bidder in accordance withSection 43.1.3 ofthe 2016 revised IRR ofRA No. 9184.

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I1.1. The second bid envelope shall contain the financial documents for the Bid as

specified in Section VIII (Checklist ofTechnical and Financial Documents).

11.3. Any bid exceeding the ABC indicated in paragraph I of the IB shall not beaccepted.

11.4. For Foreign-funded Procurement, a ceiling may be applied to bid pricesprovided the conditions are met under Section 31.2 ofthe 2016 revised IRR ofRA No. 9184.

12. Bid Prices

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

a. For Goods offered from within the Procuring Entity's countr.v

The price of the Goods quoted EXW (ex-works, ex-factory, ex-warehouse, ex-showroom, or off-the-shelf, as applicable);

The cost of all customs duties and sales and other taxes alreadypaid or payable;

The cost of transportation, insurance, and other costs incidental todelivery ofthe Goods to their final destination; and

tv The price olother (incidental) services, ifany, listed in e

b. For Goods offered from abroad:

Unless otherwise stated in the BDS, the price of the Goods shallbe quoted delivered duty paid (DDP) v{ith the place of destinationin the Philippines as specified in the BDS. In quoting the price,the Bidder shall be free to use transportation through carriersregistered in any eligible country. Similarly, the Bidder mayobtain insurance services from any eligible source country.

The price ofother (incidental) services, ifany, as listed in SectionVII (Technical Specifi cations).

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13. Bid and Psyment Currencies

13.1. For Goods that the Bidder will supply f,rom outside the Philippines, the bidprices may be quoted in the local currency or tradeable currency accepted by theBSP at the discretion of the Bidder. However, for purposes of bid evaluation,Bids denominated in loreign currencies, shall be converted to Philippinecunency based on the exchange rate as published in the BSP relerence ratebulletin on the day of the bid opening.

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

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14. Bid Security

14.1. The Bidder shall submit a Bid Securing Declaration2 or any form ofBid Security

in the amount indicated in the BDS, which shall be not less than the percentage

of the ABC in accordance with the schedule in the BDS.

14.2. The Bid and bid security shall be valid until 120 days from the date of openingofbids. Ary Bid not accompanied by an acceptable bid security shall be rejectedby the Procuring Entiry as non-responsive.

15. Sealing and Marking of Bids

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

The Procuring Entity may request additional hard copies and/or electronic copies oftheBid. However, failure of the Bidders to comply with the said request shall not be aground for disqualifi cation.

If the Procuring Entity allows the submission ofbids through online submission or anyother electronic means, the Bidder shall submit an electronic copy of its Bid, whichmust be digitally signed. An electronic copy that cannot be opened or is corrupted shallbe considered non-responsive and, thus, aulomatically disqualified.

16. Deadline for Submission of Bids

16.1. The Bidders shall submit on the specified date and time and either at its physicaladdress as indicated in paragraph 7 ofthe IB.

17. Opening and Preliminary Examination of Bids

In case the Bids cannot be opened as scheduled due to justifiable reasons, therescheduling requirements under Section 29 ofthe 2016 revised IRR ofRA No.9184 shall prevail.

17.2. The preliminary examination of bids shall be govemed by Section 30 of the2016 revised IRR ofRA No. 9184.

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

19. Detailed Evaluation and Comparison of Bids

19.1. The Procuring BAC shall immediately conduct a detailed evaluation of all Bidsrated "passed," using non-discretionary pass/fail criteria. The BAC shall

17 .1. The BAC shall open the Bids in public at the time, on the date, and at the placespecified in paragraph 9 ofthe IB. The Bidders' representatives who are presentshall sign a register evidencing their attendance. In case videoconferencing,webcasting or other similar technologies will be used, attendance of participantsshall likewise be recorded by the BAC Secretariat.

18. Domestic Preference

2 In the case of Framework Agreement, the undertaking shall refor to entering i o contract with the Procuring Entity andfumishing of the prerformance security or the performance sectring declaration within teo ( t0) calendar davs &om receipt ofNotice to Execute Frame$ork Agreement.

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consider the conditions in the evaluation ofBids under Section 32.2 of the 2016revised IRR of RA No. 9184.

19.2. lf the Project allows partial bids, bidders may submit a proposal on any of thelots or items, and evaluation will be undertaken on a per lot or itern basis, as thecase maybe. [n this case, the Bid Security as required by ITB Clause l5 shall besubmitted for each lot or item separately.

19.3 The descriptions ofthe lots or items shall be indicated in Section VII (TechnicalSpecifications), although the ABCs of these lots or items are indicated in theBDS for purposes of the NFCC computation pursuant to Section 23.4.2.6 of the2016 revised IRR of RA No. 9184. The NFCC must be sufficient for the totalof the ABCs for all the lots or items participated in by the prospective Bidder.

Option I One Project having several items that shall be ar.rarded as onecontract.

19.5. Except for bidders submitting a committed Line of Credit from a Universal orCommercial Bank in lieu of its NFCC computation, all Bids must include theNFCC computation pursuant to Section 23.4. 1.4 ofthe 2016 revised IRR ofRANo. 9184, which must be suffrcient for the total of the ABCs for all the lots oritems participated in by the prospective Bidder. For bidders submitting thecommitted Line of Credit, it must be at least equal to ten percent (10%) of theABCs for all the lots or items participated in by the prospective Bidder.

20. Post-Qualification

20.2. Within a non-extendible period of five (5) calendar days from receipt by theBidder of the notice from the BAC that it submitted the Lowest Calculated Bid,the Bidder shall submit its latest income and business tax retums filed and paid

through the BIR Electronic Filing and Payment System (eFPS) and otherappropriate licenses and permits required by law and stated in the BDS.

21. Signing of the Contract

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19.4. The Project shall be awarded as follows:

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.

Section III. Bid Data Sheet

Notes on the Bid Data Sheet

The Bid Data Sheet (BDS) consists of provisions that supplement, amend, or speci$ indetail, informatioq or requirements included in the ITB found in Section II, which are

specific to each procurement.

This Section is intended to assist the Procuring Entity in providing the specific informationin relation to corresponding clauses in the ITB and has to be prepared for each specificprocurement.

The Procuring Entity should speciS in the BDS information and requiremenls specific tothe circumstances of the Procuring Entity, the processing of the procurement. and the bidevaluation criteria that will apply to the Bids. In preparing the BDS, the following aspectsshould be checked:

a. Information that specifies and complements provisions of the I1'B must beincorporated.

b. Amendments and/or supplements, ifany, to provisions ofthe ITB as necessitated bythe circumstances ofthe specific procurement, must also be incorporated.

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Bid Data SheetITB

Clause5.3 For this purpose, contracts similar to the Project shall be

a. Procurement of Long Sleeve T-Shirts for T(IPAD Beneficiariesunder P.B. 2022-02-001

b. completed within three (3) years prior to the deadline for the submissionand receipt ofbids.

Not Applicable

t2 Not Applicable

14.1 The bid security shall be in the form ofa Bid Securing Declaration, or any ofthefollowing forms and amounts.

a.) The amount ofnot less than P64,750.00 to two percent (2%o) ofAR{:, ifbid security is in cash, cashier's/manager's check, bank draft/guaranteeor irrevocable letter of credit; or

b.) The amount ofnot less than P161,875.00 to five percent (5%o) ofARCI ifbid securiry is in Surety Bond.

19.3 Not Applicable

20.2 For Post Qualifi.cation, Bidders must submit the following:I .) Tax Clearanc e (2020 or 2021, whichever is applicable);2.) BIR Registration Certification T.I.N3.) Income Ta.\ Retum (Form 1701 or 1702) ofthe preceding year 2020

4.) Quarterly VAT Retums of the past 4 quarters for VAT Registered

(2550Q) (for the quarters ending December 2020, March 2021, June

2021, September 2021)5.) For corporation, Updated General lnformation Sheet stamp received by

SEC (Enrolment to BIR EFPS - BIR Form 1903 or l90l )6.) Certificate of PHILGEPS Registration7.) Certificate of NO Pending Case from NLRC

**Bidders have the option to submit manually filed tax retums or tax retums filedthrough the Electronic Filing and Payments System (EFPS)

21.2 Not Applicable

l6

7.t

Section IV. Generol Conditions of Controct

Notes on the General Conditions of Contract

The General Conditions of Contract (GCC) in this Section, read in conjunction with theSpecial Conditions of Contract in Section V and other documents listed therein, should be acomplete document expressing all the rights and obligations ofthe parties.

Matters goveming performance of the Supplier, payments under the contract, or mafiersaflecting the risks, rights, and obligations of the parties under the contract are included inthe GCC and Special Conditions of Contract.

Any complementary information, which may be needed, shall be introduced only throughthe Special Conditions of Contract.

t7

1. Scope ofContract

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 procurementactivities, the advertisement, posting, or invitation of which were issued after theeffectivity of the said amendment.

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

2. Advance Payment and Terms of Payment

21 Advance payment of the contract amount is provided under Annex "D" of therevised 2016 IRR ofRA No. 9184.

2.2 The Procuring Entity is allowed to determine the terms of payment on the partialor staggered delivery of the Goods procured, provided such partial paymentshall correspond to the value of the goods delivered and accepted in accordancewith prevailing accounting and auditing rules and regulations. 'fhe terms ofpayment are indicated in the SCC.

Within ten (10) calendar days from receipt of the Notice of Award by the Bidder fromthe Procuring Entity but in no case later than prior to the signing ofthe Contract by bothparties, the successful Bidder shall fumish the performance security in any of the formsprescribed in Section 39 of the 2016 revised IRR ofRA No. 9184.

4. Inspection and Tests

The Procuring Entity or its representative shall have the right to inspect and/or to testthe Goods to cont'irm their conformity to the Project.

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 tothe authorized inspectors at no charge to the Procuring Entity-

This contract shall include all such items, although not specifically mentioned, that canbe reasonably inferred as being required for its completion as if such items wereexpressly mentioned herein. All the provisions of RA No. 91g4 and its 2016 revisedIRR, including the Generic Procurement Manual, and associated issuanoes, constitutethe primary source for the terms and conditions ofthe contract, and thus. applicable incontract implementation. Herein clauses shall serve as the secondarv source for theterms and conditions ofthe Contract.

l8

3. PerformanceSecurity

5. Warranty

6.1. In order to assure that manufacturing defects shall be corrected by the Supplier,a walranty shall be required from the Supplier as provided under Section 62.1ofthe 2016 revised IRR ofRA No. 9184.

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

6. Liability of the Supplier

The Supplier's liability under this Contract shall be as provided by thc laws of theRepublic of the Philippines.

If the Supplier is a joint ventue, all parfilers to the joint venture shall be jointly andseverally liable to the Procuring Entity.

t9

Section V. Special Conditions of Contract

Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity inproviding contract-specific information in relation to corresponding clauses in the GCCfound in Section IV.

The Special Conditions of Contract (SCC) complement the GCC, specifying contractualrequirements linked to the special circumstances of the Procuring Entity, the ProcuringEntity's country, the sector, and the Goods purchased. In preparing this Section, thefollowing aspects should be checked:

a. Information that complements provisions of the GCC must be incorporated.

b. Amendments and/or supplements to provisions of the GCC as necessitated by thecircumstances ofthe specific purchase, must also be incorporated.

However, no special condition which defeats or negates the general intent and pqpose ofthe provisions ofthe GCC should be incorporated herein.

20

ecial Conditions of ContractGCC

Clause

I [List here any additionul requirements for the completion of this Contract. T'he

following requiremenls and the corresponding provisions nuy- be deleted,amended, or rctained deperuling on its applicability to this Contract:]

For purposes of the Contract, "EXW," *FOB," "FCA," *CIF," *CIP," *DDP"

and other trade terms used to describe the obligations ofthe parties shall havethe meanings assig-ned to them by the current edition of INCOTERMSpublished by the Intemational Chamber of Commerce, Paris. l'he Deliveryterms of this Contract shall be as follows:

"The delivery terms applicable to this Contract are delivered at 102 AcepalBuilding, Mabini Extension Street, Koronadal City, South Cotabato. Risk andtitle will pass from the Supplier to the Procuring Entity upon receipt and finalacceptance ofthe Goods at their final destination."

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

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

Delivery and Documents

The Supplier shall provide such packaging ofthe Goods as is required to preventtheir damage or deterioration during transit to their final destination, asindicated in this Contract. The packaging shall be sufficient to withstand,without limitation, rough handling during transit and exposure to extremetemperatures, salt and precipitation during transit, and open storage. Packagingcase size and weights shall take into consideration, where appropriate, theremoteness of the Goods' final destination and the absence ol heavy handlinglacilities at all points in transit.

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

RAYMUNDO G. AGRAVANTEName of the SupplierContract DescriptionDepartment of Labor and Emplo)..ment )(II ,102 Acepal BuildingMabini Extension, Brgy. Zone IV, Koronadal City

Packaging -

21

S

4

Trensportation -Where the Supplier is required under Contract to deliver the Goods CIF, CIP,or DDP, transport ofthe Goods to the port ofdestination or such other namedplace of destination in the Philippines, as shall be specified in this Contract,shall be ananged and paid for by the Supplier, and the cost thereof shall beincluded in the Contract Price.

Where the Supplier is required under this Contract to transport the Goods to aspecified place ofdestination within the Philippines, defined as the Project Site,transport to such place ofdestination in the Philippines, including insurance andstorage, as shall be specified in this Contract, shall be ananged 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 orDDP, Goods are to be transported on carriers ofPhilippine registry. In the eventthat no carrier of Philippine registry is available, Goods may be shipped by acarrier which is not ofPhilippine registry provided that the Supplier obtains andpresents to the Procuring Entity certification to this effect from the nearestPhilippine consulate to the port of dispatch. In the event that carriers ofPhilippine registry are available but their schedule delays the Supplier in itsperformance of this Contract the period from when the Goods were first readyfor shipment and the actual date of shipment the period of delay will beconsidered force majeure.

The Procuring Entity accepts no liability for the damage ofGoods during transitother than those prescribed by INCOTERMS for DDP deliveries. In the caseof Goods supplied from within the Philippines or supplied by domesticSuppliers risk and title will not be deemed to have passed to the Procuring Entityuntil their receipt and final acceptance at the final destination.

The inspections that will be conducted are:

. base on technical specification

. counting to number of items stated in the contracto quality of materials and printing

22

Section VI. Schedule of RequirementsThe delivery schedule expressed as weekVmonths stipulates hereafter a delivery date which isthe date of delivery to the project site.

ItemNumber

Description Quantity TotalDelivered,

Weeks/Months1 Long Sleeve T-Shirts for

TUPAD Beneficiaries9,250 3,237,500.00 15 calendar days upon

receip of PurchaseOrder and Notice ofAward

23

Section WI. Technical Spectftcations

Notes for Preparing the Technical Specifications

A set ofprecise and clear specihcations is a prerequisite for Bidders to respond realisticallyand competitively to the requirements of the Procuring Entity without qualifuing their Bids.In the context ofCompetitive Bidding, the specifications (e.g. production/delivery schedule,manpower requirements, and after-sales service/parts, descriptions ofthe lots or items) mustbe prepared to permit the widest possible competition and, at the same time, present a clearstatement of the required standards of workmanship, materials, and performance of thegoods and services to be procured. Only if this is done will the objectives oftransparency,equity, elficiency, faimess , and economy in procurement be realized, responsiveness ofbidsbe ensured, and the subsequent task ofbid evaluation and post-qualification facilitated. Thespecifications should require that all items, materials and accessories to be included orincorporated in the goods be new, unused, and ofthe most recent or current models, and thatthey include or incorporate all recent improvements in design and materials unless otherwiseprovided in the Contract.

Care must be taken in drafting specifications to ensure that they are not restrictive. In thespecification ofstandards for equipment, materials, and workmanship, recognized Philippineand international standards should be used as much as possible. Where other particularstandards are used, whether national standards or other standards, the specifications shouldstate that equipment, materials, and workmanship that meet other authoritative standards,and which ensure at least a substantially equal quality than the standards mentioned, willalso be acceptable. The following clause may be inserted in the Special Conditions ofContract or the Technical Specifications.

Sample Clause: Equivalency of Standards and Codes

Wherever reference is made in the Technical Specifrcations to specific standards and codesto be met by the goods and materials to be fumished or tested, the provisions of the latestedition or revision of the relevant standards and codes shall apply, unless otherwiseexpressly stated in the Contract. Where such standards and codes are national or relate to aparticular country or region, other authoritative standards that ensure substantial equivalenceto the standards and codes specified will be acceptable.

Reference to brand name and catalogue number should be avoided as far as possible; whereunavoidable they should always be followed by the words "or at least equivalent."References to braad names cannot be used when the funding source is the GOP.

Samples of specifications from previous similar procurements are useful in this respect. Theuse of metric units is encouraged. Depending on the complexity of the goods and therepetitiveness ofthe type ofprocurement, it may be advantageous to standardize the GeneralTechnical Specifications and incolporate them in a separate subsection. The GeneralTechnical Specifications should cover all classes ofworkmanship, materials, and equipmentcommonly involved in manufacturing similar goods. Deletions or addenda should thenadap the General Technical Specifications to the particular procurement.

Where appropriate, drawings, including site plans as required, may be fumished by theProcuring Entity with the Bidding Documents. Similarly, the Supplier may be requested toprovide drawings or samples either with its Bid or for prior review by the Procuring Entityduring conhact execution.

Bidders are also required, as part ofthe technical specifications, to complete their statementof compliance demonstrating how the items comply with the specification.

25

Technical Specifi cations

Item Specification Statement of Compliance

fBidden must stole here either "Conply"or "Nol Comply" against eoch of theindividual parameters of eachSpecification stating the correspondingperformance parameter of the equipmentoffered. Statements of "Comply" or "Not(lomply" mrct be supported by <ryidence ina Bidders Bid and cross-reJbrenced to thatevidence. Evidence shall be in rhe.form ofmanufacturer's un-amended saleslilerature, unconditional statements ofspectfrcation and compliance issued by themanuludurer, samples, independent testdula elc., as appropriute. A stalemenl lhalis not supported by evidence or issubsequently found to be contrudicted bythe evidence presented will remler the Biduntler evaluation liable for relecrion. Astatement either in the Bidder's statementof complionce or the supporting evidencethat is found to be false either during Bidevaluotion, post-qualifrcation or theexecution of the Contract may be regardedas fraudulent and render the Bidder orsupplier liable for prosecution subject tolhe applicable lows and issuances,l

I Long Sleeve T-Shirts forTUPAD BeneJiciaries

-Cloth: Jersey Spandy, 150 gsm

-Printing Type: Sublimation(please see attached sampledesign)

-Size: Large

-Color: Apple Green

-Round Neck

26

Wlong

Pang-hanapbuhay

para sa

Afing

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Workers

DIo \, $

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,trUf,ZIE)

W/ong

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para sa

Afing

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Workers

I

FRONT BACK

Section VIII. Checklist of Technical andFinancial Documents

Notes on the Checklist of Technical and Financial Documents

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

a. GPPB Resolution No. 09-2020 on the efficient procurement measures during a Stateof Calamity or other similar issuances that shall allow the use of altemate documentsin lieu ofthe mandated requirements; or

b. Any subsequent GPPB issuances adjusting the documentary requirements after theeffectivity ofthe adoption ofthe PBDs.

The BAC shall be checking the submitted documents of each Bidder against this checklistto ascertain ifthey are all present, using a non-discretionary "pass/fail" criterion pursuant toSection 30 ofthe 2016 revised IRR ofRA No. 9184.

z',t

Checklist of Technical and Financial DocumentsI. TECHNICAL COMPONENT ENVELOPf,

Class *A" DocumentsLesal Documents

(a) Valid PhiIGEPS Registration Certificate (platinum Membership) (all pages),9IRegistration certificate from Securities and Exchange Commission (SEC),Department of Trade and Industry @TI) for sole propnetorship, orCooperative Development Authority (CDA) for cooperativls or its equivalentdocument,andMayor's or Business permit issued by the city or municipality where theprincipal place of business of the prospective bidder is located, or theequivalent document for Exclusive Economic Zones or Areas;and

(b)

(d) Tax clearance per E.O. No. 398, s. 2005, as finally reviewed and approvedby the Bureau of Intemal Revenue (BIR).

Technical I)ocuments

nto Statement ofthe prospective bidder ofall its ongoing governmenl and privatecontracts, including contracts awarded but not yet started, if any, whethersimilar or not similar in nature and complexity to the contract to be bid; andStatement of the bidder's Single Largest Completed Contract (SLCC) similarto the contract to be bid, except under conditions provided for in Sections23.4.1.3 and 23.4.2.4 of the 2016 revised IRR of RA No. 9184. within therelevant period as provided in the Bidding Documents; andOriginal copy of Bid Security. If in the form ofa Surety Bond, submit also acertification issued by the Insurance Commission;orOriginal copy of Notarized Bid Securing Declaration; 4g!Conformity with the Technical Specifications, which may includeproduction/delivery schedule, manpower requirements, an,l/or after-sales/parts, if applicable; an{Original duly signed Omnibus Swom Statement (OSS);and if applicable, Original Notarized Secretary's Certificate in case of a

corporation, partnership, or cooperative; or Original Special Power ofAttorney of all members ofthe joint ventwe giving full power and authorityto its oflicer to sig-n the OSS and do acts to represent the Bidder.

E tel

E(h)

f tit

f,0)

Financial Documents(k) The Supplier's audited financial statements, showing, among others, the

Supplier's total and current assets and liabilities, stamped "receir,ed" by theBIR or its duly accredited and authorized institutions, for the precedingcalendar year which should not be earlier than two (2) years from the date ofbid submission; gg[

0) The prospective bidder's computation ofNet Financial Contracting Capacity(NFCC);

9IA committed Line of Credit from a Universal or Commercial Bank in lieu ofits NFCC computation.

Class "8" Documents

[ (m) If applicable, a duly signed joint venture agreement (JVA) in ca^se the jointventure is already in existencei

! tc)

28

SIduly notarized statements from all the potential joint venture partners statingthat they will enter into and abide by the provisions ofthe JVA in the instancethat the bid is successful.

25 FINANCIAL COMPONENT ENVELOPE

[ (a) Original of duly signed and accomplished Financial Bid Form; and

E (b) Original of duly signed and accomplished Price Schedule(s).

29

Other documentory requirements under RA No. 9I84 (as apolicable)

f, (n) [F'or foreign bidders claiming by reason of their country's extension ofreciprocal rights to Filipinosl Certification from the relevant govemmentoffice of their country stating that Filipinos are allowed to participate ingovemment procurement activities for the same item or product.

D (oi Certification from the DTI if the Bidder claims preference as a DomesticBidder or Domestic Entity.

Republic of the Philippines

Govemmenl Procuremenl Policy Eoord