SUPPLY AND DELIVERY OF AMMUNITION FOR FY 2026

Republic of the Philippines Department of Justice BUREAU OF CORRECTIONS Muntinlupa City PHILIPPINE BIDDING DOCUMENTS Republic of the Philippines PROCUREMENT OF GOODS First Edition May 2025 Bids and Awards Committee 2026 Preface This Philippine Bidding Documents (PBD) for the Government of the Philippines (GoP) for the procurement of Goods through Competitive Bidding have been prepared by the GoP for use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the government, including government-owned and/or -controlled corporations (GOCC), government financial institutions (GFI), state universities and colleges (SUC), and local government units (LGU) and autonomous regional government use in projects that are financed in whole or in part by the GOP or any foreign government/foreign or international financing institution in accordance with the provisions of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 12009. The Bidding Documents shall clearly and adequately define, among others: (a) the objectives, scope, and expected outputs and/or results of the proposed contract; (b) the eligibility requirements of Bidders, such as track record to be determined by the Head of the Procuring Entity (HoPE); (c) the expected contract duration, the estimated quantity in the case of procurement of goods, delivery schedule and/or time frame; and (d) the obligations, duties, and/or functions of the winning Bidder. In order to simplify the preparation of the Bidding Documents for each procurement, the PBD groups the provisions that are intended to be used unchanged in Section II. Instructions to Bidders (ITB) and in Section IV. General Conditions of Contract (GCC). Data and provisions specific to each procurement and contract should be included in Section III. Bid Data Sheet (BDS); Section V. Special Conditions of Contract (SCC); Section VI. Schedule of Requirements; and Section VII. Technical Specifications. The forms to be used are provided in Section VIII. Philippine Bidding Document Related Forms. Prudence must be exercised to check the relevance of the provisions of the PBD against the requirements of the specific Goods to be procured. In addition, each section is prepared with notes intended only as information for the Procuring Entity or the person drafting the Bidding Documents. They shall not be included in the final documents, except for the notes introducing Section VIII. Philippine Bidding Document Related Forms where the information is useful for the Bidder. The following general directions should be observed when using the documents: a) All the documents listed in the Table of Contents are normally required for the procurement of Goods. However, they should be adapted as necessary to the circumstances of the particular Project. b) Specific details, such as the “name of the Procuring Entity” and “address for bid submission,” should be furnished in the ITB, BDS, and SCC. The final documents should contain neither blank spaces nor options. c) This Preface and the footnotes or notes in italics included in the Invitation to Bid, BDS, SCC, Schedule of Requirements, and Specifications are not part of the text of the final document, although they contain instructions that the Procuring Entity should strictly follow. The Bidding Documents should not contain footnotes except Section VIII. Philippine Bidding Document Related Forms since these provide important guidance to Bidders. d) The cover page should be modified as required to identify the Bidding Documents and date of issue. e) The Project title page should be modified as required to identify the Project title and number, name and address of the Procuring Entity. f) If modifications must be made to the bidding requirements, they can be presented in the BDS. Modifications for specific Project or Contract details should be provided in the SCC as amendments to the Conditions of Contract. For easy reference and completion, clauses from the PBD and SCC shall appear in bold type face on Section II. Instructions to Bidders and Section IV. General Conditions of Contract, respectively. Republic of the Philippines Department of Justice BUREAU OF CORRECTIONS Muntinlupa City PROCUREMENT OF GOODS SUPPLY AND DELIVERY OF AMMUNITION FOR FY 2026 With Identification Number __2026-013___ TABLE OF CONTENTS Section I. Invitation to Bid 6 Section II. Instructions to Bidders 9 Section III. Bid Data Sheet 36 Section IV. General Conditions of Contract 41 Section V. Special Conditions of Contract 54 Section VI. Schedule of Requirements 61 Section VII. Technical Specifications 63 Section VIII. Philippine Bidding Document Related Forms 65 Section I. Invitation to Bid Republic of the Philippines Department of Justice BUREAU OF CORRECTIONS Muntinlupa City INVITATION TO BID FOR SUPPLY AND DELIVERY OF AMMUNITION FOR FY 2026 1) The Bureau of Corrections, through the General Appropriations Act (GAA) of 2026 intends to apply the sum of Nine Million Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety Pesos Only (₱9,999,990.00) being the Approved Budget for the Contract (ABC) to payments under the contract for Supply and Delivery of Ammunition for FY 2026. Bids received in excess of the ABC shall be automatically rejected at bid opening. 2) The Bureau of Corrections now invites bids for the above Procurement Project using the Lowest Calculated Responsive Bid (LCRB) or Single Calculated Responsive Bid (SCRB) as the Criteria for the Contract Award. Delivery of the Goods is required within thirty (30) calendar days. Bidders should have completed, at least two (2) years from the date of submission and receipt of bids, contracts similar to the Project. The description of an eligible bidder is contained in the Bidding Documents, particularly, in Section II. Instructions to Bidders. 3) Bidding will be conducted through competitive bidding procedures using a non-discretionary “pass/fail” criterion as specified in the IRR of RA No. 12009. Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA No. 5183. 4) Interested Bidders may obtain further information from Bureau of Corrections and inspect the Bidding Documents at the address given below from Monday to Friday from 8:00am to 5:00pm. 5) A complete set of Bidding Documents may be acquired by interested Bidders on _23 SEPTEMBER 2026 (0800H- 17000H) to 13 OCTOBER 2026 (0800H-0930H)_ from the address given below upon payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of Ten Thousand Pesos Only (₱10,000.00). It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of their bids. 6) The Bureau of Corrections will hold a Pre-Bid Conference on_01 OCTOBER 2026 (1000H)_at BAC Conference Room, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City which shall be open to prospective Bidders. 7) Bids must be duly received by the Bids and Awards Committee (BAC) Secretariat through manual submission at the office address indicated below, (on or before __13 OCTOBER 2026 (0959H)__. Late bids shall not be accepted. 8) All Bids must be accompanied by a Bid Security in any of the acceptable forms and in the amount stated in ITB Clause 16.1. Which shall include Bid Securing Declaration, 9) Bid opening shall be on 13 OCTOBER 2026 (1000H)_ at BAC Conference Room, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. Bids will be opened in the presence of the Bidders’ representatives who choose to attend the activity. 10) The Criteria for the Contract Award is Lowest Calculated Responsive Bid (LCRB) or Single Calculated Responsive Bid (SCRB). 11) The Bureau of Corrections 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 70 of R.A. No. 12009, without incurring any liability to the affected Bidder or Bidders. 12) For further information, please refer to: MARIA ADORACION VIÑAS Office of the BAC Secretariat Bureau of Corrections National Headquarters, NBP Reservation, Poblacion, Muntinlupa City Tel # 02-8809-8587/02-8478-0907/02-8659-0833 bacsec2022@gmail.com 13) You may visit the following websites: For downloading of Bidding Documents: bucor.gov.ph Date of Issue: _______________ CT/SSUPT ELSA A ALABADO Chairman, Bids and Awards Committee Section II. Instructions to Bidders A. General 1) Scope of Bid 1.1 The Procuring Entity, named in the BDS invites bids for the Project with Identification Number which shall be specified in the BDS. 1.2 The Project is composed of number of lots or items as provided in the BDS, the details of which are described in Section VII. Technical Specifications. 2) Source of Funds The Procuring Entity has a budget or has received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for this Project to cover eligible payments under the contract. 3) Corrupt, Fraudulent, Collusive, and Coercive Practices 3.1 Unless otherwise specified in the BDS, 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. In pursuance of this policy, the Procuring Entity: a) defines, for purposes of this provision, the following terms under existing laws, rules, and regulations: i) “corrupt practice” means an act by which officials in the public or private sectors improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA No. 3019. ii) “fraudulent practice” means a misrepresentation of facts for purposes of influencing a procurement process or the execution of a contract to the detriment of the Procuring Entity, which includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition. iii) “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; v) “obstructive practice” is a) deliberately destroying, falsifying, altering or concealing of evidence material to administrative proceedings or investigation or making false statements to investigators in order to materially impede administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution relative to allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent the latter from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or b) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. b) Undertakes to reject a proposal for award upon prima facie determination that the Bidder recommended for award has engaged in any of the prohibited practices mentioned in this Clause for purposes of competing for the contract. 3.2 Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.1(a). 3.3 Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a Bidder or Supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3. 4) Conflict of Interest 4.1 All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) and (f) below: a) A Bidder has controlling shareholders or beneficial owners in common with another Bidder; b) A Bidder receives or has received any direct or indirect subsidy from any other Bidder; c) A Bidder has the same legally authorized representative as that of another Bidder for purposes of this bid; d) A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process; This may include a firm or an organization that lends, or temporarily seconds, its personnel to firms or organizations that are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project; e) A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid. f) A Bidder who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project. 4.2 All Bidding Documents shall be accompanied by an omnibus sworn statement of the Bidder that it is not related, by consanguinity or affinity up to the third level, to the HoPE, Procurement Agent (if engaged), the head of the Project Management Office (PMO), the End-User or Implementing Unit or any members of the Bids and Awards Committee (BAC), Technical Working Group (TWG), and BAC Secretariat. 4.3 The Bidder shall also disclose the ultimate beneficial ownership of an entity. Failure to comply shall be a ground for the automatic disqualification of the bid in consonance with Section 59 of the IRR. For this reason, relation to the aforementioned persons within the third civil degree of consanguinity or affinity shall automatically disqualify the Bidder from participating in the procurement of contracts of the Procuring Entity notwithstanding the act of such persons inhibiting themselves from the procurement process. This Clause shall apply to the following persons and affiliates: a) In the case of individuals or sole proprietorships, to the Bidders and their spouses; b) In the case of partnerships, to the partnership itself and its partners; c) In the case of cooperatives, to the cooperative itself and members of the board of directors, general manager or chief executive officer; d) A partnership, joint venture or consortium which is blacklisted or which has blacklisted member/s or partner/s, as well as a person or entity who is a member of a blacklisted joint venture or consortium, are, likewise not allowed to participate in any government procurement during the period of suspension or blacklisting; and e) In the case of corporations, a single stockholder, together with their relatives up to the third civil degree of consanguinity or affinity, and their assignees, holding at least twenty percent (20%) of the shares therein, its chairperson and president, shall be blacklisted after they have been determined to hold the same controlling interest in a previously blacklisted corporation or in two corporations that have been blacklisted; the corporations of which they are part of shall also be blacklisted. 5) Eligible Bidders 5.1 Only Bids found to be legally, technically, and financially eligible will be evaluated. For procurement of Goods, the following persons shall be eligible to participate in this bidding: a) Duly-licensed Filipino citizens or sole proprietorships; b) Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; c) Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines; d) Cooperatives duly organized under the laws of the Philippines; and e) Persons or entities forming themselves into a Joint Venture (JV), i.e., a group of two (2) or more persons or entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that Filipino ownership or interest of the JV concerned shall be at least sixty percent (60%). For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their Joint Venture Agreement (JVA); Provided, further, that the primary purpose of each member of the JV must be similar to or related with the requirements of the project to be bid out. 5.2 Foreign Bidders may be eligible to participate when any of the following circumstances exist, as specified in the BDS: a) When provided for under any treaty or international or executive agreement as provided in Section 4 of the IRR; b) When the foreign supplier is a citizen, corporation, or association of a country, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations, or associations of the Philippines; c) When the Goods sought to be procured are not available from local suppliers; or d) When there is a need to prevent situations that defeat competition or restrain trade. 5.3 GOCCs may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the Procuring Entity. 5.4 The Bidder must have completed, within a period of ten (10) years from the submission of the bid, unless a shorter period is indicated in the Invitation to Bid and BDS, a Single Largest Completed Contract (SLCC) that is similar to the procurement project to be bid, and whose value must be equivalent to at least fifty percent (50%) of the ABC, adjusted to current prices using the Philippine Statistics Authority (PSA) consumer price indices. 5.5 If the Procuring Entity determines that it is necessary to adopt a different SLCC requirement to ensure broader Bidder participation while establishing their technical capacity, it may allow Bidders to present a combination of contracts completed within the same period, provided their total value is at least fifty percent (50%) of the ABC, thus: a) The Bidder should have completed at least one (1) similar contract amounting to at least 25% of the ABC; and b) The Bidder should have completed other contracts, whether similar or not, with an aggregate amount of at least 25% of the ABC. For this purpose, the Procuring Entity may clarify in the BDS the definition or description of what it considers to be a similar project, which must be germane to the kind, class, or genus of goods or services to be procured, guided by the principle of proportionality and fit-for-purpose approach. 5.6 The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC), which must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (15)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract to be bid. The values of the domestic Bidder’s current assets and current liabilities shall be based on the latest Audited Financial Statements (AFS) submitted to the BIR not earlier than two (2) years prior to date of bid submission. For purposes of computing the foreign Bidders’ NFCC, the value of the current assets and current liabilities shall be based on their latest AFS prepared in accordance with International Financial Reporting Standards. If the Bidder opts to submit a committed Line of Credit, it must be at least equal to ten percent (10%) of the ABC to be bid. Provided that, if issued by a foreign bank, it shall be confirmed or authenticated by a local bank. 6) Bidder’s Responsibilities 6.1 The Bidder or its duly authorized representative shall submit an omnibus sworn statement, in the form prescribed in Section VIII. Philippine Bidding Document Related Forms, as required in ITB Clause 12.1(viii). 6.2 Before submitting their bids, the Bidder is deemed to be knowledgeable with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way. 6.3 The Bidder undertook the following responsibilities: a) Took steps to carefully examine and ensure full understanding and comprehension of the Bidding Documents, its requirements, clauses, and provisions; b) Acknowledged all conditions, local, or otherwise, affecting the implementation of the contract; c) Made an estimate of the facilities available and needed for the contract to be bid, if any; d) Complied with the responsibility to inquire, or secure the Supplemental Bid Bulletin(s) as provided under ITB Clause 10.4; e) Ensured that it is not “blacklisted” or barred from bidding by the Government of the Philippines (GoP) or any of its agencies, offices, corporations, or LGUs, including foreign government, or foreign or international financing institutions whose blacklisting rules have been recognized by the GPPB; by itself or by reason of its relation, membership, association, affiliation, or controlling interest with another blacklisted person or entity; f) Ensured that each of the documents submitted in satisfaction with the bidding requirements is an authentic copy of the original, complete, and that all statements and information provided therein are true and correct; g) Authorized the HoPE or its duly authorized representative/s to verify all the documents submitted; h) Ensured that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute, and perform any and all acts necessary to participate, submit the bid, to sign, and execute the ensuing contract, accompanied by the duly-notarized Special Power of Attorney, Board, or Partnership Resolution, or Secretary’s Certificate, whichever is applicable; i) Complied with the disclosure provision under Section 81 and 82 of RA No. 12009 and its IRR, in relation to other provisions of RA 3019; j) Complied with existing labor laws and standards, in the case of procurement of services. Moreover, the Bidder undertakes to: i) Ensure the entitlement of workers to wages, hours of work, safety and health and other prevailing conditions of work as established by national laws, rules and regulations; or Collective Bargaining Agreement (CBA); or arbitration award, if and when applicable. In case there is a finding by the Procuring Entity or the Department of Labor and Employment (DOLE) of underpayment or non-payment of workers’ wages and wage-related benefits, the Bidder agrees that the performance security or portion of the contract amount shall be withheld in favor of the complaining workers pursuant to appropriate provisions of RA No. 12009, without prejudice to the institution of appropriate actions under the Labor Code, as amended, and other social legislations. ii) Comply with Occupational Safety and Health Standards (OSHS) and correct deficiencies, if any. In case of imminent danger, injury, or death of the worker, the Bidder undertakes to suspend contract implementation pending clearance to resume from the DOLE Regional Office, in compliance with the Work Stoppage Order; and iii) Inform the workers of their conditions of work, labor clauses under the contract specifying wages, hours of work, and other benefits under prevailing national laws, rules and regulations; or CBA; or arbitration award, if and when applicable, through posting in two (2) conspicuous places in the establishment’s premises. k) Ensured that it 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. l) Examined all instructions, forms, terms, and specifications in the Bidding Documents. m) Determined and complied with all matters pertaining to the contract to be bid, including but not limited to: (i) the location and the nature of this Project; (ii) climatic conditions; (iii) transportation facilities; and (iv) other factors that may affect the cost, duration, and execution or implementation of this Project. n) Ensured that all information in the Bidding Documents, including bid or supplemental bid bulletin/s issued, are correct and consistent. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible Bidder out of the data furnished by the Procuring Entity. Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned. 6.4 Further, the Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Procuring Entity shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. In case of failure of bidding, the Bidding Documents fee may be applied in the re-bidding for the same Project. 6.5 Furthermore, the Bidder should be aware that the Procuring Entity will accept bids only from those that have paid the applicable fee for the Bidding Documents at the office indicated in the Invitation to Bid. 7) Origin of Goods Unless otherwise indicated in the BDS, there is no restriction on the origin of Goods other than those prohibited by a decision of the United Nations (UN) Security Council taken under Chapter VII of the Charter of the UN. 8) Subcontracts 8.1 Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Goods to an extent as may be approved by the HoPE and as stated in the BDS. However, the subcontracted portion shall not exceed twenty percent (20%), or a different percentage of the ABC, on a per project basis, as approved by the GPPB. 8.2 Subcontracting of any portion of this Project shall not relieve the Bidder from any liability or obligation that may arise from the contract. 8.3 Subcontractors must meet the eligibility criteria and submit the same eligibility documents as the general contractor. Failure of a subcontractor to meet the eligibility criteria does not affect the eligibility of the general contractor for the Project. In such case, the portion intended to be subcontracted to the ineligible subcontractor shall be assumed by the general contractor. 8.4 Subcontracting arrangement, if allowed, including the time of submission of the eligibility documents of the subcontractor, shall be disclosed in the BDS. B. Contents of Bidding Documents 9) Pre-Bid Conference 9.1 If so specified in the BDS, a pre-bid conference shall be held either at the Procuring Entity’s physical address and/or online through videoconferencing, webcasting, or similar technology, or a combination thereof, on the date indicated therein, to clarify and address the Bidders’ questions on the technical and financial components of this Project. 9.2 The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids, but not earlier than seven (7) calendar days from the posting of the invitation to bid and other bidding documents in the PhilGEPS. 9.3 Bidders are highly encouraged to attend the pre-bid conference to fully understand the Procuring Entity’s requirements. While non-attendance of the Bidder will in no way prejudice its bid. The Bidder is deemed to know any changes and/or amendments to the Bidding Documents, as may be provided in the Supplemental Bid Bulletin. The proceedings of the pre-bid conference shall be recorded, and the corresponding minutes shall be prepared not later than five (5) calendar days after the pre-bid conference. The minutes shall be made available to prospective Bidders not later than five (5) days upon written request. 9.4 Decisions of the BAC amending any provision of the Bidding Documents shall be issued in writing through a Supplemental Bid Bulletin at least seven (7) calendar days before the deadline for the submission and receipt of bids. 10) Clarification and Amendment of Bidding Documents 10.1 Prospective Bidders may request for clarification on and/or interpretation of any part of the Bidding Documents. Such request must be in writing and submitted to the BAC of the Procuring Entity at the address or electronic mail indicated in the BDS or through the electronic bidding facility of PhilGEPS, as may be applicable, at least ten (10) calendar days before the deadline set for the submission and receipt of Bids. 10.2 The BAC shall respond to the said request by issuing a Supplemental Bid Bulletin duly signed by the BAC Chairperson. It shall be made available to all those who have properly secured the Bidding Documents, at least seven (7) calendar days before the deadline for the submission and receipt of Bids. 10.3 Supplemental Bid Bulletins may also be issued upon the Procuring Entity’s initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for submission and receipt of Bids. Any modification to the Bidding Documents shall be identified as an amendment. 10.4 Any Supplemental Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS, in any conspicuous place in the premises of the Procuring Entity, and on the website or social media platforms of the Procuring Entity, if available, or such other channels as may be authorized by the GPPB. It shall be the responsibility of all prospective Bidders, including those who have properly secured the Bidding Documents, to inquire and secure Supplemental Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental Bid Bulletin must be accordingly informed by the BAC and be allowed to modify or withdraw their bids prior to the deadline for the submission and receipt of bids in accordance with ITB Clause 21. C. Preparation of Bids 11) Language of Bids The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign Bidder’s country. The Bidder shall cause the authentication of the translated documents and shall be authenticated by the appropriate Philippine foreign service establishment or post or the equivalent office having jurisdiction over the foreign Bidder’s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid. However, for Contracting Parties to the Apostille Convention, the documents shall be authenticated through an apostille by the Competent Authority, as defined in Section 20.9.2 of [the] IRR, except for countries identified by the DFA that will still require legalization (red ribbon) by the relevant Embassy or Consulate. 12) Documents Comprising the Bid: Technical and Financial Components 12.1 The first bid envelope shall contain the following technical documents, including the eligibility documents: i) PhilGEPS Certificate of Registration (Platinum Membership); ii) Statement of SLCC; iii) NFCC Computation or committed Line of Credit (LoC); iv) Statement 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; v) [if applicable] JVA) or in the absence of a JVA, duly notarized statements from all potential JV partners stating that they will enter into and abide by the provisions of the JVA in the event that the bid is successful; vi) Bid Security in the prescribed form and amount in accordance with ITB Clause 16, and validity period under ITB Clause 15; vii) Technical Specifications, which may include production or delivery schedule, manpower requirements, or after-sales service or parts, if applicable; viii) Omnibus Sworn Statement; and ix) For foreign Bidders claiming eligibility by reason of their country’s extension of reciprocal rights to Filipinos, a certification from the relevant government office of their country stating that Filipinos are allowed to participate in their government procurement activities for the same item or product. 12.2 The second bid envelope shall contain the following financial documents: a) Bid Form which includes the Bid price; b) Price Schedules in accordance with ITB Clause 13.1; and c) [if applicable] Certificate of Domestic Preference, in accordance with ITB Clause 25. 12.3 Whenever necessary, modifications may be made to the foregoing components specifically for major and specialized procurement to suit the particular needs of the Procuring Entity, subject to the approval of the GPPB. 12.4 All bids that exceed the ABC shall not be accepted. Unless otherwise indicated in the BDS, for foreign-funded procurement, the ABC shall be applied as the ceiling to bid prices provided the following conditions are met: a) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the Procuring Entity, payment could be made upon the submission of bids. b) The Procuring Entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the Procuring Entity and that the estimates reflect the quality, supervision and risk, and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured. c) The Procuring Entity has trained cost estimators in estimating prices and analyzing bid variances. d) The Procuring Entity has established a system to monitor and report bid prices relative to ABC and engineer’s/procuring entity’s estimate. e) The Procuring Entity has established a monitoring and evaluation system for contract implementation to provide feedback on actual total costs of goods and works. However, the GoP and the foreign government, or foreign or international financing institutions may agree to waive the foregoing conditions. 13) Bid Prices 13.1 The Bidder shall accomplish the Price Schedule Form as prescribed by the Procuring Entity, which may include the following details: a) For Goods offered from within the Philippines: 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 the BDS. b) For Goods offered from abroad: i) Unless otherwise stated in the BDS, the price of the Goods shall be quoted Delivery 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, listed in the BDS. c) For Services, based on the form which may be prescribed by the Procuring Entity, in accordance with existing laws, rules and regulations. 13.2 The Bidder shall accomplish the appropriate Price Schedule included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project. The Bidder shall fill in rates and prices for all items of the Goods described in the Price Schedule, which shall be presented and computed using up to two (2) decimal places, unless otherwise indicated in the BDS. 13.3 If the Instructions to Bidders specifically allow partial bids, bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, the Price Schedule, shall be considered non-responsive and shall be automatically disqualified. However, when no price or a zero (0) or a dash (-) is indicated in a required item in the bid form, the same shall be construed that it is being offered for free to the Government, except those required by law or regulations to be provided for. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris. 13.4 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation or price escalation on any account. A bid submitted with an adjustable price quotation shall be treated as non-responsive and shall be rejected. 14) Bid Currencies 14.1 Prices shall be quoted in the following currencies: a) For Goods that the Bidder will supply from within the Philippines, the prices shall be quoted in Philippine Peso. b) For Goods that the Bidder will supply from outside the Philippines, the prices may be quoted in the local or tradeable currency/ies accepted by the Bangko Sentral ng Pilipinas (BSP), as stated in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate published in the BSP Daily Reference Exchange Rate Bulletin on the day of the bid opening. 14.2 If so allowed in accordance with ITB Clause 14.1, the Procuring Entity, for purposes of bid evaluation and comparing the bid prices, will convert the amounts in various currencies in which the bid price is expressed to Philippine Peso at the foregoing exchange rates. 14.3 Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Peso. 15) Bid Validity 15.1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids. 15.2 Should it become necessary to extend the validity of the bids and the bid securities beyond one hundred twenty (120) calendar days, the Procuring Entity concerned shall request in writing all those who submitted bids for such extension before the expiration date therefor. Bidders, however, shall have the right to refuse to grant such extension without forfeiting their Bid Security. 16) Bid Security 16.1 The Bidder shall at its option, submit a Bid Security in the form and amount as stated in the BDS, which may include the following: Form of Bid Security Amount of Bid Security (Not less than the required percentage of the ABC) a) Cash or cashier’s or manager’s check issued by a bank. For biddings conducted by LGUs, the Cashier’s or Manager’s check may be issued by other banks certified by the BSP as authorized to issue such financial instrument. Two Percent (2%) b) Bank draft/guarantee or irrevocable LoC issued by a bank: Provided, however, that it shall be confirmed or authenticated by a local bank, if issued by a foreign bank. For biddings conducted by LGUs, Bank Draft/Guarantee, or Irrevocable Letter of Credit may be issued by other banks certified by the BSP as authorized to issue such financial instrument. Five Percent (5%) c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. Five Percent (5%) 2. d) Bid Securing Declaration Not Applicable The Bid Security shall be denominated in Philippine Peso and posted in favor of the Procuring Entity. 16.2 The Bid Security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable Bid Security shall be considered as non-responsive and rejected by the Procuring Entity. 16.3 In no case shall the Bid Security be returned later than the expiration of the bid validity period indicated in the BDS, unless it has been extended. In case the Bidder is required to extend its bid validity, the Bidder may, at its discretion, substitute a Bid Securing Declaration for the extended period as a replacement of its Bid Security; Provided, that the option to substitute is indicated in the BDS. 16.4 Upon signing and execution of the contract pursuant to ITB Clause 30, and the posting of the performance security pursuant to ITB Clause 31, the Bid Security of the successful Bidder will be discharged, but in no case later than its validity period as indicated in the ITB Clause 16.2. 16.5 The Bid Security may be forfeited based on any of the following grounds, as provided under Rule VIII, X, XI, and XXI of the IRR. a) if a Bidder: i) Withdraws its bid during the period of bid validity specified in ITB Clause 15; ii) Does not accept the correction of errors pursuant to ITB Clause 26.5(b) (arithmetical error); iii) Has a finding against the veracity of any of the documents submitted as stated in ITB Clause 27.2; iv) Submits eligibility requirements containing false information or falsified documents; v) Submits bids that contain false information or falsified documents, or the concealment of such information in the bids to influence the outcome of eligibility screening or any other stage of the public bidding; vi) Allows the use of one’s name, or uses the name of another for purposes of public bidding; vii) Refuses to accept an award or enter into contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the Lowest Calculated Responsive Bid (LCRB), Most Economically Advantageous Responsive Bid (MEARB), or Most Advantageous Responsive Bid (MARB); viii) Refuses or fails to post the required performance security within the prescribed time; ix) Refuses to clarify or validate in writing its bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification; x) Has any documented attempt by a Bidder to unduly influence the outcome of the bidding in its favor; or xi) Commits other acts that tend to defeat the purpose of the competitive bidding, Competitive Dialogue, Unsolicited Offer with Bid Matching and Limited Source Bidding, such as but not limited to habitually withdrawing from bidding, submitting late Bids or patently insufficient bid, for at least three (3) times within a year, except for valid reasons. b) If a winning Bidder: i) Fails to sign the contract in accordance with ITB Clause 30; ii) Fails to furnish performance security in accordance with ITB Clause 31; or iii) Fails to enter into joint venture after the bid is declared successful, in the case of potential JV partners. 17) Format and Signing of Bids 17.1 Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Philippine Bidding Document Related Forms on or before the deadline specified in ITB Clause 19 in two (2) separate sealed bid envelopes which shall be submitted simultaneously, whether through manual or online submission. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12, and the second shall contain the financial component of the bid. This shall also be observed for each lot in the case of lot procurement. 17.2 Forms as mentioned in ITB Clause 17.1 must be completed without any alterations to their format. No substitute form shall be accepted. 17.3 Each and every page of the Bid Form, including the Price Schedule, under Section VIII hereof, shall be signed by the duly authorized representative/s of the Bidder. Failure to do so shall be a ground for the rejection of the bid. 17.4 Any insertions, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidder. 18) Sealing and Marking of Bids 18.1 Bidders shall enclose their technical documents described in ITB Clause 12 in one sealed envelope marked “TECHNICAL COMPONENT”, and the financial component in another sealed envelope marked “FINANCIAL COMPONENT”, sealing them all in an outer envelope marked “BID”. 18.2 The Bid as indicated in the Bidding Documents shall be typed or written in ink and shall be signed by the Bidder or its duly authorized representative/s. 18.3 All envelopes shall: a) contain the name of the contract to be bid in capital letters; b) bear the name and address of the Bidder in capital letters; c) be addressed to the Procuring Entity’s BAC in accordance with ITB Clause 1.1; d) bear the specific identification of this bidding process indicated in the ITB Clause 1.1; and e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of bids, in accordance with ITB Clause 19. 18.4 For manually submitted bid envelopes that are not properly sealed and marked, as required in the Bidding Documents, the same shall be accepted; Provided, That the Bidder or its duly authorized representative shall acknowledge such condition of the bid as submitted. On the other hand, unsealed or unmarked bid envelopes, or bids that cannot be opened or corrupted in case of online submission, shall be rejected. The BAC shall assume no responsibility for misplaced or lost contents of the improperly sealed or marked bid, or for its premature opening. D. Submission and Opening of Bids 19) Deadline for Submission of Bids Bids must be received by the Procuring Entity’s BAC at the address indicated in the Invitation to bid, or through the e-bidding facility of the PhilGEPS on or before the date and time indicated in the BDS. 20) Late Bids Bids, including the eligibility requirements, submitted after the deadline shall be rejected by the BAC. The BAC shall record in the Minutes of the Meeting the submission and opening of bids, the Bidder’s name, its representative, and the time the late bid was submitted. 21) Modification and Withdrawal of Bids 21.1 Bidders may modify their bids before the deadline for the submission and receipt of bids. a) For manual submission and receipt of bids, the Bidders shall not be allowed to retrieve their original bid but shall only be allowed to submit the bid modification by sending another bid, equally sealed, properly identified, linked to their original bid, marked as a “modification,” thereof, and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened. b) For online submission of bids, the Bidders shall not be allowed to retrieve their original Bid, but shall only be allowed to submit the bid modification, send another Bid equally secured, properly identified labelled as a “modification” of the one previously submitted. The time indicated in the latest bid receipt page generated shall be the official time of submission. Bids modification submitted after the applicable deadline shall not be accepted. 21.2 Bidders may withdraw their bids in writing before the deadline for submission and receipt of bids. Withdrawal of bids after the applicable deadline shall be subject to appropriate sanctions as prescribed in the IRR. Bidders may also express their intention not to participate in the bidding in writing, which should be received by the BAC before the deadline for submission and receipt of bids. Bidders that withdraw their bids shall no longer be allowed to submit another bid for the same contract, directly or indirectly. 21.3 No bid may be modified after the deadline for submission and receipt of bids. Further, no bid may be withdrawn in the interval between the deadline for submission and receipt of bids, and the expiration of bid validity specified by the Bidder in the Financial Bid Form. Withdrawal of bid during this interval shall result in the forfeiture of the Bidder’s Bid Security pursuant to ITB Clause 16.5, and the imposition of administrative sanctions as prescribed by RA No. 12009, and without prejudice to the imposition of civil and criminal sanctions as provided under applicable laws. 21.4 Alternative Bids shall be rejected. For this purpose, Alternative Bid shall pertain to an offer made by a Bidder in addition or as a substitute to its original bid, which may be included as part of its original bid or submitted separately. A bid with options shall likewise be considered an Alternative Bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes. 21.5 Each Bidder shall submit only one Bid, either individually or as a partner in a JV. Bidder who submits or participates in more than one bid (other than as a subcontractor if a subcontractor is permitted to participate in more than one bid) will cause all the proposals with the Bidder’s participation to be disqualified. This shall be without prejudice to any applicable criminal, civil, and administrative penalties that may be imposed upon the persons and entities concerned. 22) Opening and Preliminary Examination of Bids 22.1 The BAC shall open the bids in public, immediately after the deadline for submission and receipt of bids, as specified in the BDS. In case the Bids cannot be opened as scheduled due to justifiable reasons, the BAC shall take custody of the submitted Bids and reschedule the opening of Bids on the next working day or at the soonest possible time, through the issuance of a notice of postponement to be posted on the PhilGEPS website and the website of the Procuring Entity concerned. 22.2 The manner of opening of the bids for Goods shall depend on the award criterion to be adopted as follows: a) For LCRB and MEARB, the BAC shall open the technical and financial proposals on the same day; and b) For MARB, only the technical proposals shall be opened on the same day while the financial proposals shall remain unopened and shall be kept securely by the BAC until the specified time of their opening as indicated in the BDS. Only the financial proposals of the Bidders who have met the highest technical score for Most Advantageous Bid (MAB) shall be opened. 22.3 The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price (per lot, if applicable, and/or including discount, if any), bid security, findings of preliminary examination, and whether there is a withdrawal or modification; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read. 22.4 The Bidders or their duly authorized representatives may attend the opening of bids. The BAC shall ensure the integrity, security, and confidentiality of all submitted bids. The Abstract of Bids, as read, and the minutes of the bid opening shall be made available to the public, upon written request and payment of a specified fee to recover the cost of materials. 22.5 To ensure transparency and accurate representation of the bid submission, the BAC Secretariat, shall notify in writing all Bidders whose bids it has received through its PhilGEPS-registered physical address or official e-mail address. The said notice shall be issued within seven (7) calendar days from the date of the bid opening. E. Evaluation and Comparison of Bids 23) Process to be Confidential 23.1 Members of the BAC, its staff and personnel, Secretariat, and TWG, as well as Observers, are prohibited from making or accepting any communication with any Bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in ITB Clause 24. 23.2 Any effort by a Bidder to influence the Procuring Entity in its decision in respect of bid evaluation, bid comparison or contract award will result in the rejection of the bid. 24) Clarification of Bids To assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid that is not in response to the request of the Procuring Entity shall not be considered. 25) Domestic Preference 25.1 The Procuring Entity shall give priority and preference to Philippine products and services. The preference and priority for Philippine products shall be guaranteed at all levels of the procurement process, including raw materials, ingredients, supplies, or fixtures. 25.2 For a period of ten (10) years from the effectivity of RA No. 11981 or the “Tatak Pinoy (Proudly Filipino) Act,” and for Philippine products and services in sectors and economic activities covered by the prevailing Tatak Pinoy Strategy, the Procuring Entity is mandated to award the contract to the domestic Bidder for Philippine products and services in sectors and economic activities covered by the prevailing Tatak Pinoy Strategy (TPS). Domestic Bidder, for purposes of this provision, refers to any person or entity offering unmanufactured articles, materials, or supplies grown or produced in the Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplies that are or will be produced or manufactured in the Philippines, as the case may be. 25.3 After the said ten-year period, the domestic preference shall be subject to a margin of preference to be determined by the Tatak Pinoy Council which shall not be lower than fifteen percent (15%). 25.4 For products and services governed by the TPS, the domestic preference in procurement shall be in accordance with the IRR or guidelines issued for the Tatak Pinoy Act. 25.5 The Procuring Entity shall award the Project to the domestic Bidder if the bid is not more than twenty-five percent (25%) in excess of the lowest foreign bid. The margin of preference provided herein shall be subject to periodic review and adjustment by the GPPB, as may be necessary. 25.6 A Domestic Bidder can only claim preference if it secures from the appropriate agency a certification that the articles forming part of its bid are substantially composed of articles, materials, or supplies grown, produced, or manufactured in the Philippines. 25.7 The preference herein established may be waived should any of the following conditions be present as provided in the BDS: a) Where domestic production is insufficient or unavailable in the required commercial quantities; b) Where the specific or desired quality is not met; c) Where domestic preference will result in inconsistencies with the Philippines' obligations under treaty or international or executive agreements; or d) Other analogous circumstances. 26) Detailed Evaluation and Comparison of Bids 26.1 The Procuring Entity’s evaluation of bids shall be based on the bid price quoted in the Bid Form, which includes the Price Schedule. 26.2 The Procuring Entity will undertake the detailed evaluation and comparison of the bids which have passed the opening and preliminary examination of bids, pursuant to ITB Clause 22, to determine the Lowest Calculated Bid (LCB), Most Economically Advantageous Bid (MEAB), and MAB. 26.3 The award criterion shall be determined as follows: a) For LCB i) The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and ii) The ranking of the total bid prices as so calculated from the lowest to the highest, where the bid with the lowest price shall be identified as the LCB. b) For MEAB, the BAC shall evaluate the quality and price proposals to determine the Most Economically Advantageous Bid (MEAB) using the following steps: i) The quality proposal together with the price proposal shall be considered in the evaluation of bids. The quality proposals shall be evaluated first using the criteria in the BDS. The price proposals of the bids that meet the minimum quality score shall then be opened. ii) The price and quality proposals shall be given corresponding weights with the price proposal given a minimum weight of fifteen percent (15%) up to a maximum of forty percent (40%). The weight of the quality criteria shall be adjusted accordingly such that their total weight in percent together with the weight given to the price proposal shall be equal to one hundred percent (100%). iii) To further promote green public procurement, the sustainability of products, or materials with green specifications shall be given greater weight in the evaluation of bids. As approved by the BAC, the exact weights shall be indicated in the BDS. The BAC shall rank the Bidders in descending order based on the combined numerical ratings of their quality and price proposals. The Bidder with the best overall score using the quality-price ratio shall be referred to as the MEAB. iv) The HoPE shall approve or disapprove the recommendations of the BAC within two (2) calendar days after receipt of the results of the evaluation from the BAC. c) For MAB i) BAC shall evaluate the quality proposals to determine the MAB using the quality components. The quality components shall be assessed on the basis of the criteria with corresponding numerical weights indicated in the BDS to determine the Bidder with the highest technical rating. ii) The second bid envelope of the Bidder obtaining the highest technical rating shall be opened. If the financial proposal is equal to or lower than the ABC, the bid shall be accepted and determined as the MAB; otherwise, the same shall be rejected and the Bidder will be disqualified. 26.4 In order to eliminate bias in evaluating the quality proposals, it is recommended that the highest and lowest scores for each Bidder for each criterion shall not be considered in determining the average scores of the Bidders, except when the evaluation is conducted in a collegial manner. 26.5 The BAC shall immediately conduct a detailed evaluation of all bids using non-discretionary criteria in considering the following: a) Completeness of the bid. Unless the BDS allows partial bids, bids not addressing or providing all of the required items in the BDS, shall be considered non-responsive and, thus, automatically disqualified. However, when no price or a zero (0) or a dash (-) is indicated in a required item in the bid form, the same shall be construed that it is being offered for free to the Government, except those required by law or regulations to be provided for; and b) Arithmetical corrections. The BAC shall apply arithmetical corrections on computational errors and omissions to enable proper comparison of all eligible bids. Bid corrections may also be considered if expressly allowed in the BDS. Any adjustment shall be calculated in monetary terms to determine the calculated prices. 26.6 Based on the detailed evaluation of bids, those that comply with the above-mentioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the LCB, MEAB, or MAB. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS. 26.7 The BAC shall evaluate all bids on an equal footing to ensure fair and competitive bid comparison. For this purpose, all Bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties, whichever is applicable, as itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison. 26.8 If so indicated pursuant to ITB Clause 1.2, bids may be submitted for individual lots or for any combination thereof, provided that all bids and combinations of bids shall be received by the same deadline and opened and evaluated simultaneously so as to determine the Bid or combination of Bids offering the lowest calculated cost to the Procuring Entity. Bid prices quoted shall correspond to all items specified for each lot and to all quantities specified for each item of a lot. Bid Security as required by ITB Clause 16 shall be submitted for each contract (lot) separately. The basis for evaluation of lots is specified in BDS Clause 26.5. 26.9 In order to eliminate bias in evaluating the quality proposals, it is recommended that the highest and lowest scores for each Bidder for each criterion shall not be considered in determining the average scores of the Bidders, except when the evaluation is conducted in a collegial manner. 27) Post-Qualification 27.1 The BAC shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the LCB, MEAB, or MAB as the case may be, complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5, 12.1, and 12.2. The Bidder, within five (5) calendar days from receipt of notice from the BAC that it submitted the LCB, MEAB, or MAB shall submit all the eligibility documents supporting its PhilGEPS Certificate of Registration (Platinum Membership), its latest income and business tax returns filed for the preceding quarter which should not be earlier than two (2) quarters from the date of submission and receipt of bid, and other appropriate licenses and permits required by law and stated in the BDS. 27.2 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, That 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. 27.3 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted pursuant to ITB Clauses 12.1 and 12.2, as well as other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary “pass/fail” criterion, which shall be completed within a period of twelve (12) calendar days. 27.4 If the BAC determines that the Bidder with the LCB, MEAB, or MAB fails to meet the post-qualification criteria, it shall immediately notify the said Bidder in writing of its post-disqualification and the grounds for such determination. 27.5 Immediately after the BAC has notified the first Bidder of its post- disqualification, and notwithstanding any pending request for reconsideration thereof, the BAC shall initiate and complete the same post-qualification process on the Bidder with the second LCB, MEAB, or MAB. If the second Bidder passes the post-qualification and the request for reconsideration of the first Bidder has been denied, the second Bidder shall be post-qualified as the Bidder with the LCB, MEAB, or MAB. 27.6 If the second Bidder, however, fails the post-qualification, the procedure for post-qualification shall be repeated for the Bidder with the next LCB, MEAB, or MAB and so on, until the LCRB, MEARB, MARB, as the case may be, is determined for award, subject to the procedure of Notice and Execution of Award. 27.7 If the BAC determines that the Bidder with the LCB, MEAB, or MAB passes all the criteria for post-qualification, it shall declare the said bid as the LCRB, MEARB, MARB, Single Calculated Responsive Bid (SCRB), Single Economically Advantageous Responsive Bid (SEARB), or Single Advantageous Bid (SARB). 27.8 Within a period not exceeding ten (10) calendar days from the determination and declaration through a resolution by the BAC of the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as the case may be, and the recommendation of the award, the HoPE or its duly authorized representative shall approve or disapprove the said recommendation. 27.9 In case of approval, the HoPE or its duly authorized representative shall immediately issue the Notice of Award to the Bidder with the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as the case may be. In the event that the approving authority shall disapprove the resolution on the award of the contract, such disapproval shall be based only on valid, reasonable, and justifiable grounds to be expressed in writing. A copy of the decision disapproving the resolution shall be furnished to the BAC and the Bidder. 28) Reservation Clause 28.1 Notwithstanding the eligibility or post-qualification of a Bidder and without incurring any liability, the HoPE or its duly authorized representative at any stage of the procurement, reserves the right to review its qualifications, reject any and all bids, declare a failure of bidding or not award the contract in the following situations: a) If it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. b) Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will adversely affect its capability to undertake the Project so that it no longer meets the prescribed eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and disqualify it from participating further in the bidding process or being awarded the contract. 28.2 Based on any of the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding: a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the Bidders, or if the collusion is between or among the Bidders themselves, or between a Bidder and a third party, including any act which restricts, suppresses or nullifies, or tends to restrict, suppress or nullify competition or influences or tends to influence the bidding process; b) If the BAC is found to have failed in complying with the applicable law or in following the prescribed bidding procedures; or c) If there are any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government, in instances where (i) the physical and economic conditions have significantly changed so as to render the Project no longer economically, financially, or technically feasible as determined by the HoPE; (ii) the Project is no longer necessary as determined by the HoPE; and (iii) the source of funds for the Project has been withheld or reduced through no fault of the Procuring Entity. F. Award of Contract 29) Contract Award 29.1 Subject to ITB Clause 27, the HoPE or its duly authorized representative shall award the contract to the Bidder whose bid has been determined to be the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as the case may be. 29.2 Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted, through a Notice of Award duly received by the Bidder or its representative personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Bidder with the LCRB, MEARB, MARB, SCRB, SEARB, or SARB, as applicable and submitted personally or sent by registered mail or electronically to the Procuring Entity. 29.3 Within ten (10) calendar days from receipt by the winning Bidder of the Notice of Award, the following conditions should be complied with before the contract may be awarded: a) Submission of the following documents: i) Valid JVA, if applicable; or ii) The SEC Certificate of Registration of the foreign corporation, if applicable. b) Posting of the performance security in accordance with ITB Clause 31; and c) Signing of the contract as provided in ITB Clause 30. 29.4 At the time of contract award, the Procuring Entity shall not increase or decrease the quantity of goods originally specified in Section VI. Schedule of Requirements. 30) Signing of the Contract 30.1 Within ten (10) calendar days from receipt of the Notice of Award, the winning Bidder shall (i) post the required performance security, sign and date the contract, and return it to the Procuring Entity. 30.2 The Procuring Entity shall enter into a contract with the successful Bidder within the same ten (10) calendar day period, provided that all the documentary requirements are complied with. 30.3 The following documents shall form part of the contract: a) Contract Agreement; b) Bidding Documents; c) Winning Bidder’s bid, including the technical and financial proposals, and all other documents/statements submitted (e.g., Bidder’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation; d) Performance Security; e) Notice of Award of Contract; and f) Other contract documents that may be required by existing laws and/or specified in the BDS. 31) Performance Security 31.1 To guarantee the faithful performance of its obligations under the contract, the winning Bidder shall post a performance security prior to the signing of the contract. Furthermore, the successful Bidder shall be required to update the performance security posted before the issuance of an amendment to order if any. 31.2 Sectors enumerated under Section 76.1 of the IRR may be allowed to post a Performance Securing Declaration (PSD) as specified in the BDS. 31.3 The performance security shall be in any form selected by the Procuring Entity in the amount indicated in the BDS, which shall not be less than the percentage of the total contract price in accordance with the following price schedule: Form of Performance Security Amount of Performance Security (Not less than the Percentage of the Total Contract Price) a. Cash or Cashier’s or Manager’s check issued by a bank. For biddings conducted by LGUs, the Cashier’s or Manager’s check may be issued by other banks certified by the BSP as authorized to issue such financial instrument. Five percent (5%) b. Bank draft or guarantee or irrevocable Letter of Credit issued by a local bank. If issued by a foreign bank, it shall be confirmed or authenticated by a local bank. ii. Surety bond callable upon demand issued by a surety or insurance company duly certified by the IC as authorized to issue such security. Thirty Percent (30%) 31.4 The performance security shall be denominated in Philippine Peso and posted in favor of the Procuring Entity, which shall be forfeited in the event it is established that the winning Bidder is in default in any of its obligations under the contract. 32) Notice to Proceed The Procuring Entity shall issue the Notice to Proceed to the winning Bidder not later than three (3) calendar days from the date of approval of the contract by the appropriate signatories. All notices called for by the terms of the contract shall be effective only at the time of receipt thereof by the successful Bidder. 33) Protest Mechanism Decisions of the BAC in all stages of procurement may be protested to the HoPE in accordance with Section 83 of the IRR. Section III. Bid Data Sheet Bid Data Sheet ITB Clause 1.1 The Procuring Entity is Bureau of Corrections The Project title is Supply and Delivery of Ammunition for FY 2026. The identification number of the Contract is __________________. 1.2 "Not applicable". 2 The Funding Source is: The GoP through the source of funding as indicated below for FY 2026 in the amount of Nine Million Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety Pesos Only (₱9,999,990.00). 2.1 The source of funding is: NGA, the General Appropriations Act or Special Appropriations. 3.1 No further instructions. 5.2 Foreign Bidders, except those falling under ITB Clause 5.2(b), may not participate in this Project. 5.4 The Bidder’s SLCC similar to the contract to be bid should have been completed within the last two (2) years that is similar to the procurement project to be bid, and whose value must be equivalent to at least fifty percent (50%) of the ABC prior to the deadline for the submission and receipt of bids. 5.5 For this purpose, contracts similar to the Project shall be: Ammunition 7 No further instructions. 8.1 “Subcontracting is not allowed. 8.4 “Not Applicable”. 9.1 The Procuring Entity will hold a pre-bid conference for this Project on ___________________________ at BAC Conference Room, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. 10.1 The Procuring Entity’s address is: Bureau of Corrections, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. ASEC. AL I PERRERAS Chairman, Bids and Awards Committee Tel # 02-8809-8587/02-8478-0907/02-8659-0833 bacsec2022@gmail.com 12.4 The ABC is Nine Million Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety Pesos Only (₱9,999,990.00). Any bid with a financial component exceeding the amount shall not be accepted. 13.1(a)(iv) “No incidental services are required.” 13.1(b)(i) The price of the Goods shall be quoted DDP at the Directorate for Logistics Bodega, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. 13.1(b)(ii) “No incidental services are required.” 13.2 No further instructions. 14.1(b) The Bid prices for Goods supplied from outside of the Philippines shall be quoted in Philippine Peso. 14.3 “Not applicable” 15.1 Bids will be valid for One Hundred Twenty (120) Calendar days from bid opening. 16.1 The Bid Security shall be in the form of a Bid Securing Declaration, and any of the following: 1) The amount of not less than ₱199,999.80, if bid security is in cash; 2) The amount of not less than ₱199,999.80, if bid security is in cashier’s check; 3) The amount of not less than ₱199,999.80, if bid security is in manager’s check; 4) The amount of not less than ₱499,999.50, if bid security is in bank draft; 5) The amount of not less than ₱499,999.50, if bid security is in guarantee; 6) The amount of not less than ₱499,999.50, if bid security is irrevocable LoC; or 7) The amount of not less than ₱499,999.50, if bid security is Surety Bond. 16.2 The Bid Security shall be valid until ______________________. 16.3 In case of extension of bid validity and bid security validity period, Substitution of the bid security form is allowed. Bid Securing Declaration and the following forms may be used: [choose at least two (2)] a) Cash or Cashier’s or Manager’s Check issued by a Bank. b) Bank draft/guarantee or irrevocable Letter of Credit issued by a Bank: Provided, however, that it shall be confirmed or authenticated by a local Bank, if issued by a foreign bank. c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. 19 The address for the submission of Bids is BAC Conference Room, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. The deadline for the submission of Bids is__________________________. 22.1 The place of the bid opening is BAC Conference Room, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. The date and time of bid opening is __________________________. 22.2(b) "Not applicable". 25.7 No further instructions. 26.3(b)(iii) “Not applicable.” 26.3(c)(i) “Not applicable.” 26.5(a) “Partial bid is not allowed. The goods are grouped in a single lot and the lot shall not be divided into sub-lots for the purpose of bidding, evaluation, and contract award.” 26.5(b) “Arithmetical correction is allowed.” 26.6 No further instructions. 27.1 The Bidder, within five (5) calendar days from receipt of notice from the BAC that it submitted the LCB, MEAB, or MAB shall submit all the eligibility documents supporting its PhilGEPS Certificate of Registration (Platinum Membership), its latest income and business tax returns filed for the preceding quarter which should not be earlier than two (2) quarters from the date of submission and receipt of bid, and other appropriate licenses and permits required by law: 1. Latest income and business tax returns filed and paid through the BIR Electronic Filing and Payment System (eFPS) 2. Supporting Documents for the SLCC (Sales Invoice or Official Receipt or End-users Acceptance) 3. Valid and Current Registration Certificate (SEC Certificate of Registration for Corporation or DTI Certificate of Registration for Sole Proprietorship or CDA Certificate of Registration for Cooperative) 4. Valid and Current Mayor’s or Business Permit 5. Valid and Current Tax Clearance 6. Audited Financial Statement 7. Valid and Current License to Deal 8. 2 sets Photo copy of Eligibility and Financial Envelope marked as “Copy 1” and “Copy 2” 30.3(f) “No additional requirements.” 31.2 “Not applicable” 31.3 The Performance Security shall be in the form: [choose one from any of the following:] 1) The amount of not less than __________ [Insert 5% of the total contract price], if performance security is in cash; 2) The amount of not less than __________ [Insert 5% of the total contract price], if performance security is in cashier’s check; 3) The amount of not less than __________ [Insert 5% of the total contract price], if performance security is in manager’s check; 4) The amount of not less than _________ [Insert 5% of the total contract price] if performance security is in bank draft; 5) The amount of not less than _________ [Insert 5% of the total contract price] if performance security is in guarantee; 6) The amount of not less than __________ [insert 5% of the total contract price] if performance security is irrevocable LoC. or 7) The amount of not less than __________ [insert 30% of the total contract price] if performance security is Surety Bond. Section IV. General Conditions of Contract 1) General Terms In this Contract, the following terms shall be interpreted as indicated: a) “The Procuring Entity” means the organization purchasing the Goods, as named in the SCC. b) “The Supplier” means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the SCC. c) The “Funding Source” means the organization named in the SCC. d) “The Project Site” where applicable, means the place or places named in the SCC. 2) Corrupt, Fraudulent, Collusive, and Coercive Practices Unless otherwise provided in the SCC, the Procuring Entity as well as the Bidders, Contractors, or Suppliers shall observe the highest standard of ethics during the procurement and execution of this Contract. Further the Funding Source, as appropriate, will seek to impose the maximum civil, administrative, and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with any of the practices mentioned in ITB Clause 3.1(a). 3) Inspection and Audit by the Funding Source The Supplier shall allow the Funding Source to inspect its accounts and records related to the performance of its obligations. If the Funding Source requires a separate audit, it shall appoint its auditor and bear the cost thereof. 4) Governing Law and Language 4.1 This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines. 4.2 This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English. 5) Notices 5.1 Any notice, request, or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request, or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail or electronic mail, to such Party at the address specified in the SCC, which shall be effective when delivered and duly received, as may be applicable. 5.2 A Party may change its address upon notice pursuant to the provisions listed in the SCC. 6) Scope of Contract 6.1 The Goods to be provided shall be as specified in Section VI. Schedule of Requirements. 6.2 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. Any additional requirements for the completion of this Contract shall be provided in the SCC. 7) Subcontracting 7.1 For subcontracting arrangements, the following rules shall apply for both locally-funded projects and projects financed through Official Development Assistance, except those covered by treaty, or international, or executive agreements. a) The subcontracted portion of the contract shall be subject to the approval of the HoPE and the following conditions: i) The subcontracted portion shall not exceed twenty percent (20%) for Goods, or a different percentage on a per project basis, as approved by the GPPB. The threshold percentages fixed herein shall be subject to the periodic review and adjustments as may be deemed appropriate by the GPPB; and ii) The subcontracted portion shall be limited to components that are not deemed "significant or material" to the Project, as determined by the Procuring Entity. b) Subcontracting arrangement, if allowed, including the time of submission of the eligibility documents of the subcontractor, shall be disclosed in the Bidding Documents; c) Subcontractors must meet the eligibility criteria and submit the same eligibility documents as the general contractor. Failure of a subcontractor to meet the eligibility criteria does not affect the eligibility of the general contractor for the procurement project. In such case, the portion intended to be subcontracted to the ineligible subcontractor shall be assumed by the general contractor; d) The general contractor shall remain liable for the subcontractor’s actions, defaults, delays, and negligence; e) The general contractor and the subcontractor are obliged to comply with the provisions of the contract and shall share liability, jointly and severally, in cases of violation of safety standards or other labor standards insofar as the subcontracted portion is concerned; and f) For purposes of post-qualification in accordance with its objective and process under the IRR, the value of the entire completed and accepted Project, including the subcontracted portion, shall be credited as experience of the general contractor. In the case of the subcontractor, the following rules shall apply: i) The subcontractor shall get credit for one hundred percent (100%) of the value of the subcontracted portion of the project performed; and ii) Subcontractors shall be eligible to concessional windows of GFIs that treat receivables from the government as loan security; the receivables of subcontractors due from their general contractor shall similarly be accepted as loan security by GFIs. 8) Procuring Entity’s Responsibilities 8.1 Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits, approvals, import, and other licenses from local public authorities, the Procuring Entity may assist the Supplier in complying with such requirements in a timely and expeditious manner. 8.2 The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with the Scope of Contract. 9) Prices 9.1 For goods and services covered under this Contract, as awarded, all bid prices shall be deemed fixed and not subject to price escalation during contract implementation, except as otherwise provided in the succeeding provisions. 9.2 Prices charged by the Supplier for Goods delivered and/or services performed under this Contract shall not vary from the prices quoted by the Supplier in its bid, unless there is a change in price resulting from Amendment to Order issued in accordance with GCC Clause 28. 10) Advance Payment 10.1 For Goods sourced from within the Philippines, advance payments may be made as follows: a) A single advance payment not to exceed fifty percent (50%) of the contract amount shall be allowed for contracts entered into by a Procuring Entity for the following services where the requirement of down payment is a standard industry practice: 1) hotel and restaurant services; 2) use of conference/seminar and exhibit areas; and 3) lease of office space; b) Advance payment not to exceed fifteen percent (15%) of the contract amount, unless otherwise directed by the President, shall also be allowed for procurement of goods required to address contingencies arising from natural or man-made calamities in areas where a “State of Calamity” has been declared by appropriate authorities; and c) Upon submission of an irrevocable Letter of Credit (LoC) or bank guarantee issued by local bank, advance payment not exceeding fifteen percent (15%) of the contract amount shall be allowed and paid to the Supplier within sixty (60) calendar days from the signing of the contract. The irrevocable LoC or bank guarantee, which must be for an equivalent amount, shall remain valid until the goods are delivered, and accompanied by a claim for advance payment. 10.2 For Goods supplied from abroad, unless otherwise indicated in the SCC, the terms of payment shall be as follows: a) Upon Contract Signing: Fifteen Percent (15%) of the Contract Price shall be paid within sixty (60) days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII. PBD Related Forms. b) Upon Delivery: Sixty-five percent (65%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of receipt of the Goods and upon submission of the documents (i) through (vi) specified in the SCC provision on Delivery and Documents. c) Upon Acceptance: The remaining twenty percent (20%) of the Contract Price shall be paid to the Supplier within sixty (60) days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entity’s authorized representative. In the event that no inspection or acceptance certificate is issued by the Procuring Entity’s authorized representative within forty-five (45) days of the date shown on the delivery receipt, the Supplier shall have the right to claim payment of the remaining twenty percent (20%) subject to the Procuring Entity’s own verification of the reason(s) for the failure to issue documents (vii) and (viii) as described in the SCC provision on Delivery and Documents. 10.3 All progress payments for Goods shall first be charged against the advance payment until the latter has been fully exhausted. 11) Payment 11.1 Payments shall be made only upon a certification by the HoPE that the Goods have been delivered in accordance with the terms of this Contract and have been duly inspected and accepted. Except with the prior approval of the President, no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under the Contract. 11.2 The Supplier’s request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services rendered, and by documents submitted pursuant to the SCC provision for GCC Clause 6.2, and upon fulfillment of other obligations stipulated in this Contract; 11.3 Pursuant to GCC Clause 11.2, payments shall be made promptly by the Procuring Entity after submission of an invoice or claim by the Supplier. Payments shall be in accordance with the applicable accounting and auditing laws, rules and regulations. 11.4 Unless otherwise provided in the SCC, all payments to the Supplier under this Contract shall be in Philippine Peso; 11.5 Unless otherwise provided in the SCC, payments using LoC is allowed. For this purpose, the amount of provisional sum shall be indicated in the SCC. All charges for the opening of the LoC and/or incidental expenses thereto shall be for the account of the Supplier. 12) Taxes and Duties The Supplier, whether local or foreign, shall be entirely responsible for all the necessary taxes, stamp duties, license and permit fees, and other such levies imposed for the completion of this Contract. 13) Performance Security 13.1 Within ten (10) calendar days from receipt of the Notice of Award from the Procuring Entity, but in no case later than the signing of the contract by both parties, the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Clauses 31.2 and 31.3. 13.2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the winning Bidder is in default in any of its obligations under the contract. 13.3 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. 13.4 The performance security may be released by the Procuring Entity and returned to the Supplier after the issuance of the Certificate of Final Acceptance, subject to the following conditions: a) There are no pending claims against the Supplier or the Surety Company filed by the Procuring Entity; b) The Supplier has no pending claims for labor and materials filed against it; and c) Other terms specified in the SCC. 13.5 The Procuring Entity shall allow a proportional reduction in the original performance security in case of a reduction in contract value, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance security. 14) Use of Contract Documents and Information 14.1 The Supplier shall not, without the Procuring Entity’s prior written consent, disclose this Contract or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity, except for purposes of performing the obligations therein. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance. 14.2 Other than this Contract, any document enumerated in GCC Clause 14.1 shall remain the property of the Procuring Entity. All copies shall be returned to the Procuring Entity upon completion of the Supplier’s performance under this Contract, if so required by the Procuring Entity. 15) Standards The Goods provided under this Contract shall conform to the standards mentioned in the Section VII. Technical Specifications. When no applicable standard is mentioned, the Goods shall comply with the latest authoritative standards appropriate to its country of origin. 16) Inspection and Tests 16.1 The Procuring Entity or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity, other than that specified under Item 16.3 below. The SCC and Section VII. Technical Specifications shall specify what inspections and/or tests the Procuring Entity requires and where they are to be conducted. The Procuring Entity shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes. 16.2 If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no cost to the Procuring Entity. The Supplier shall provide the Procuring Entity with the results of such inspections and tests. 16.3 The Procuring Entity or its designated representative shall be allowed to attend the tests and/or inspections referred to in this Clause provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses. 16.4 The Procuring Entity shall reject the Goods or any part thereof that fail any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity. Upon giving due notice to the Supplier pursuant to GCC Clause 5, the test and/or inspection may be repeated by the Procuring Entity, at no additional cost. 16.5 The Supplier agrees that 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 to the said test and/or inspection, shall release the Supplier from any warranties or other obligations under this Contract. 17) Warranty 17.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and with all recent improvements in design and materials, except when the technical specifications required by the Procuring Entity provides otherwise. 17.2 The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 17.3 To ensure correction of manufacturing defects, the Supplier shall be required to provide a warranty for a minimum period specified in the SCC. At the option of the Procuring Entity, the obligation for the warranty shall be covered by: a) Retention money in an amount equivalent to at least one percent (1%) but not to exceed five (5%) of every progress payment; or b) Special bank guarantee equivalent to at least one percent (1%) but not to exceed five (5%) of the total Contract Price; or c) Other such amount, if so specified in the SCC. 17.4 The said amounts shall only be released by the Procuring Entity after the lapse of the warranty period as specified in the SCC, or in case of Expendable Supplies, after the consumption thereof; Provided, however, that the Supplies delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met. 17.5 The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under the warranty. Upon receipt of such notice, the Supplier shall, within the period specified in the SCC, repair or replace the defective Goods or parts thereof, at the soonest possible time, without cost to the Procuring Entity. 17.6 If the Supplier, after having been notified on the warranty claim, fails to remedy the defect(s) within the period specified in GCC Clause 17.5, the Procuring Entity may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense, and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and other applicable laws. 18) Delays in the Supplier’s Performance 18.1 Delivery of the Goods and/or performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Procuring Entity in Section VI. Schedule of Requirements. 18.2 If at any time during the performance of this Contract, the Supplier encounters conditions that may impede the timely delivery of the Goods and/or performance of Services, the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice, and upon causes provided for under GCC Clause 23, the Procuring Entity shall evaluate the situation and, if warranted, extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of Contract. 18.3 Except as provided under GCC Clause 23, any delay by the Supplier in the performance of its obligations shall render it liable to the imposition of liquidated damages pursuant to GCC Clause 19, unless an extension of time is agreed upon pursuant to GCC Clause 28. 19) Liquidated Damages 19.1 When the Supplier fails to satisfactorily deliver the Goods under the contract within the specified delivery schedule, inclusive of duly granted time extensions, if any, the Supplier, manufacturer, or distributor shall be liable for liquidated damages in an amount equal to one-tenth (1/10) of one percent (1%) of the cost of the delayed goods scheduled for delivery for every day of delay until such goods are finally delivered and accepted by the Procuring Entity. 19.2 The Procuring Entity need not prove that it has incurred actual damages to be entitled to liquidated damages. Such amount shall be deducted from any money due, or which may become due the supplier, manufacturer, or distributor, or collected from any securities or warranties posted by the supplier, manufacturer, or distributor, whichever is convenient to the Procuring Entity. In case the total sum of liquidated damages reaches ten percent (10%) of the total contract price, the Procuring Entity may rescind the contract and impose appropriate sanctions over and above the liquidated damages to be paid. 19.3 If delays are likely to be incurred beyond its control, the supplier, manufacturer, or distributor shall promptly notify the Procuring Entity in writing, providing details of the causes and duration of the expected delay. The Procuring Entity may, at its discretion, grant a time extension based on meritorious grounds, with or without the imposition of liquidated damages. 20) Settlement of Disputes 20.1 Any dispute arising from the implementation of a contract covered by the Act and the IRR shall primarily be resolved and settled amicably by mutual consultation or agreement. 20.2 In case of failure to settle dispute amicably, the parties may mutually agree in writing to resort to other modes of alternative dispute resolution (ADR) to promote efficiency in the procurement process. Accordingly, they are encouraged to select the most expeditious mode of ADR available. If arbitration is chosen as the ADR method, this shall be incorporated as a provision in the contract and referred to the Arbitrator specified in the SCC. 20.3 In case of disagreement or after exhausting the remedies provided in the preceding Section, the dispute may be submitted to arbitration or other forms of ADR which includes mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof in accordance with the provisions of RA No. 9285, otherwise known as the “Alternative Dispute Resolution Act of 2004.” 20.4 Should the Parties fail to resolve their dispute or difference by such mutual consultation or agreement after thirty (30) days, either the Procuring Entity or the Supplier may signify its intention to commence arbitration by giving notice to the other Party, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. 20.5 Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under this Contract. 20.6 Notwithstanding any reference to arbitration herein, the Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed upon in writing. 21) Liability of the Supplier 21.1 The Supplier’s liability under this Contract shall be as provided by the laws of the Republic of the Philippines, subject to additional provisions, if any, set forth in the SCC. 21.2 Except in cases of criminal negligence or willful misconduct, and in the case of infringement of patent rights, if applicable, the aggregate liability of the Supplier to the Procuring Entity shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repair or replacement of the defective Goods. 22) Termination for Breach of Contract The Procuring Entity may terminate for breach of contract when the Supplier fails to deliver or perform any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring Entity, pursuant to a request made by the Supplier prior to the delay, and such failure amounts to at least ten percent (10%) of the contract price, consistent with the provision of this IRR on liquidated damages. The Procuring Entity may likewise impose appropriate sanctions therein. 23) Termination Due to Force Majeure 23.1 For purposes of this Contract, the terms “force majeure” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean as an event which the Supplier could not have been foreseen, or though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions, and any other causes the effect/s of which could have been avoided with the exercise of reasonable diligence by the Supplier. Such events may include, but not limited to, acts of the Procuring Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes. 23.2 The Procuring Entity may terminate this Contract and impose liquidated damages when, as a result of force majeure, the Supplier is unable to deliver or perform any or all of the Goods, amounting to at least ten percent (10%) of the Contract Price, for a period of not less than sixty (60) calendar days, or earlier, as deemed necessary by the Procuring Entity, after receipt of the written notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have ceased. 23.3 The Supplier shall not be subject to forfeiture of its performance security, payment of liquidated damages, or contract termination due to force majeure, provided that the Supplier’s delay in performance or other failure to perform its obligations under this Contract is the result of a force majeure. 23.4 If a force majeure situation arises, the Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring Entity, the Supplier shall continue to perform its obligations under the Contract as far as may be practicable, when not prevented by the force majeure, and shall seek all reasonable alternative means in the performance of its obligation. 24) Termination for Convenience 24.1 The Procuring Entity, through a written notice sent to the Supplier, may terminate this Contract, in whole or in part, at any time, if it has determined the existence of any of the following conditions that make contract implementation economically, financially, or technically impractical or unnecessary: a) When physical and economic conditions have significantly changed so as to render the project no longer economically, financially, or technically feasible, as determined by the HoPE; b) When the HoPE has determined the existence of conditions that make project implementation impractical or unnecessary, such as, but not limited to, fortuitous event/s, changes in laws, and government policies; c) When funding for the Project has been withheld or reduced by higher authorities through no fault of the Procuring Entity; or d) Any circumstance analogous to the foregoing. 24.2 The Goods that have been performed or are ready to be delivered or performed within thirty (30) calendar days after the Supplier’s receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices thereof. For Goods not yet delivered, performed and/or ready to be delivered or performed, the Procuring Entity may elect: a) To have any portion delivered and/or performed and paid at the contract terms and prices thereof; or b) To cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier. 25) Termination for Unlawful Acts 25.1 The Procuring Entity may terminate this Contract in case it is determined prima facie that the Supplier, including any joint venture partner therein, has engaged, before or during the implementation of this Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Unlawful acts include, but are not limited to, the following: a) Corrupt, fraudulent, collusive, and coercive practices as defined in ITB Clause 3.1; b) Drawing up or using forged documents; c) Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and d) Any other act analogous to the foregoing. 26) Procedures for Termination of Contracts 26.1 The following provisions shall govern the procedures for termination of this Contract: a) Verification - Upon receipt of a written report of acts or causes which may constitute grounds for termination as aforementioned, or upon its own initiative, the End-User or Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such grounds and cause the execution of a Verified Report, with all relevant evidence attached. b) Notice to Terminate - Upon recommendation by the End-User or Implementing Unit, the HoPE shall terminate contracts only by written notice to the supplier conveying the termination of the contract. The notice shall state: i) That the contract is being terminated for any of the grounds aforementioned, and a statement of the acts that constitute the grounds constituting the same; ii) The extent of termination, whether in whole or in part; iii) An instruction to the Supplier, to show cause as to why the contract should not be terminated; and iv) Special instructions of the Procuring Entity, if any. The Notice to Terminate shall be accompanied by a copy of the Verified Report. c) Show Cause - Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Supplier shall submit to the HoPE a verified position paper stating why the contract should not be terminated. If the Supplier, fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the HoPE shall issue an order terminating the contract. d) Rescission of Notice of Termination - The Procuring Entity may, at any time before receipt of the Supplier’s verified position paper, withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier’s receipt of the notice. e) Decision - Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the HoPE shall decide whether or not to terminate the contract. It shall serve a a written notice to the Supplier of its decision and, unless otherwise provided, the contract is deemed terminated from receipt of the Supplier of the notice of the decision. The termination shall only be based on the grounds stated in the Notice to Terminate. f) Contract Termination Review Committee (CTRC) - The HoPE may create a committee to assist in the discharge of its functions under the IRR. All decisions recommended by the CTRC shall be subject to the approval of the HoPE. g) Take-over of Contracts - If a Procuring Entity terminates the contract due to default, insolvency, or for a cause, it may enter into a Negotiated Procurement (Take-over of Contracts) pursuant to Section 35(c) of RA No. 12009. h) Procuring Entity’s Options in Termination for Convenience in Contracts for Goods - The Goods that have been performed or are ready for delivery within thirty (30) calendar days after the supplier’s receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices. For Goods not yet performed or ready for delivery, the Procuring Entity may elect: i) To have any portion delivered or performed and paid at the contract terms and prices; or ii) To cancel the remainder and pay to the supplier an agreed amount for partially completed or performed goods and for materials and parts previously procured by the supplier. 27) Assignment of Rights The Supplier shall not assign its rights or obligations under this Contract, in whole or in part, except upon prior written consent of the Procuring Entity. 28) Amendment to Order No variation in or modification of the terms of this Contract shall be made except by written amendment signed by the parties in accordance with the provisions on Amendment to Order, subject to applicable laws, rules and regulations. 29) Application These General Conditions shall apply to the extent that they are not suspended by the provisions from other parts of this Contract. Section V. Special Conditions of Contract Special Conditions of Contract GCC Clause 1(a) The Procuring Entity is Bureau of Corrections. 1(b) The Supplier is [to be inserted at the time of contract award]. 1(c) The Funding Source is: The GoP through the source of funding as indicated below for FY 2026 in the amount of Nine Million Nine Hundred Ninety-Nine Thousand Nine Hundred Ninety Pesos Only (₱9,999,990.00). 2.1 The source of funding is: NGA, the General Appropriations Act or Special Appropriations. 1(d) The Project Site is Directorate for Logistics Bodega, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. 2 No further instructions. 5.1 The Procuring Entity’s address for Notices is: Bureau of Corrections, National Headquarters, NBP Reservation, Poblacion, Muntinlupa City. Tel # 02-8809-8587/02-8478-0907/02-8659-0833 The Supplier’s address for Notices is: [Insert address including, name of contact, fax and telephone number]. 5.2 No further instructions. 6.2 Delivery and Documents For purposes of this 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: For Goods Supplied from Abroad, state “The delivery terms applicable to the Contract are DDP delivered [insert place of destination]. In accordance with INCOTERMS.” (DAP) For Goods Supplied from Within the Philippines, state “The delivery terms applicable to this Contract are delivered [insert place of destination]. 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. The details of shipping and/or other documents to be furnished by the Supplier are as follows: For Goods supplied from within the Philippines: Upon delivery of the Goods to the Project Site, the Supplier shall notify the Procuring Entity and present the following original documents to the Procuring Entity: i) Supplier’s invoice showing the goods’ description, quantity, unit price, and total amount; ii) Delivery receipt/note, railway receipt, or truck receipt; iii) Supplier’s factory inspection report; iv) Manufacturer’s and/or Supplier’s warranty certificate; v) Certificate of origin (for imported Goods); vi) Delivery receipt detailing number and description of items received signed by the authorized receiving personnel; vii) Certificate of Acceptance/Inspection Report signed by the Procuring Entity’s representative at the Project Site; and viii) Four copies of the Invoice Receipt for Property signed by the Procuring Entity’s representative at the Project Site. For goods supplied from abroad: Upon shipment, the Supplier shall immediately communicate and notify the Procuring Entity and the insurance company the full details of the shipment, including Contract Number, description of the goods, quantity, vessel, bill of lading number and date, port of loading, date of shipment, port of discharge etc. Upon delivery to the Project Site, the Supplier shall notify the Procuring Entity and present the following original documents as applicable with the documentary requirements of any letter of credit issued taking precedence: i) Supplier’s invoice showing the goods’ description, quantity, unit price, and total amount; ii) Negotiable, clean shipped on board bill of lading marked “freight prepaid”, as well as a copy of the non-negotiable bill of lading; iii) Supplier’s factory inspection report; iv) Manufacturer’s and/or Supplier’s warranty certificate; v) Certificate of origin (for imported goods); vi) Delivery receipt detailing number and description of items received signed by the Procuring Entity’s representative at the Project Site; vii) Certificate of Acceptance/Inspection Report signed by the Procuring Entity’s representative at the Project Site; and viii) Invoice Receipt for Property signed by the Procuring Entity’s representative at the Project Site. For purposes of this Clause the Procuring Entity’s Representative at the Project Site is [insert name(s)]. 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: [Select appropriate requirements and delete the rest.] a) performance or supervision of onsite assembly and/or startup of the supplied goods; b) furnishing of tools required for assembly and/or maintenance of the supplied goods; c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; d) performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and e) 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: [Select appropriate requirements and delete the rest] 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 required are listed in Section VI. Schedule of Requirements and the cost thereof are included in the Contract Price The Supplier shall carry sufficient inventories to assure ex-stock supply of consumable spares for the goods for a period of [insert here the time period specified. If not used insert time period of three times the warranty period]. Other spare parts and components shall be supplied as promptly as possible, but in any case within [insert appropriate time period] months of placing the order. Packaging The Supplier shall meet packaging standards for goods in accordance with existing laws and regulations, and as indicated in this Contract to prevent damage or deterioration during transit to their final destination. The packaging shall be durable enough to withstand rough handling, exposure to extreme temperatures, salt, precipitation, open storage, and other extreme conditions during transit. Packaging case sizes and weights shall consider the remoteness of the goods' final destination and the potential absence of heavy handling facilities at all transit points. The packaging, labeling, and documentation within and outside the packages shall comply strictly with special requirements as shall be expressly provided for in this Contract, including additional requirements, 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 Hazardous Chemical 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. Otherwise, the packaging list is to be placed outside the secondary packaging. Insurance The Supplier shall fully insure the goods supplied under this Contract in a currency, local or tradeable and accepted by the Bangko Sentral ng Pilipinas against loss or damage incidental to manufacture, acquisition, transportation, storage, and delivery. The risk and ownership of the goods remain with the Supplier until their final acceptance by the Procuring Entity, unless otherwise specified in this Contract. Transportation The Supplier shall arrange and pay for the delivery of the goods, with the cost included in the Contract Price. When required under this Contract to deliver the goods CIF, CIP, or DDP, the Supplier shall ensure the transport of the goods to the port of destination or any other specified place of destination in the Philippines, as indicated in this Contract. The Supplier shall arrange for transport, insurance, and storage to the specified destination with the related costs included in the Contract Price. When required under this Contract to transport the goods to a specified place of destination within the Philippines, defined as the Project Site. The goods must be transported using carriers registered in the Philippines when the Supplier is required under this Contract to deliver the goods CIF (Cost, Insurance, and Freight), CIP (Carriage and Insurance Paid To), or DDP (Delivered Duty Paid). If no Philippine-registered carrier is available, the goods may be shipped using a non-Philippine carrier, provided the Supplier obtains and presents certification from the nearest Philippine consulate at the port of dispatch. If Philippine-registered carriers are available but their schedules would impede timely delivery or cause delays in the Supplier’s performance of this Contract, the period of delay from when the goods were first ready for shipment to the actual date of shipment will be considered force majeure in accordance with GCC Clause 23. The Procuring Entity accepts no liability for the damage of goods during transit other than those prescribed by INCOTERMS for DDP Deliveries. In the case of goods supplied from within the Philippines or supplied by domestic Suppliers, risk and ownership will not be deemed transferred to the Procuring Entity until their receipt and final acceptance at the final destination. Patent 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. 10.3 “Maintain the GCC Clause.” 11.4 Maintain the GCC Clause and state here “Not applicable” 11.5 State, “Payment using LoC is not allowed.” 13.4(c) “No further instructions”. 16.1 The inspections and tests that will be conducted are: Partial/Complete Goods shall be inspected by the TIAC Technical Inspection and Acceptance Committee. Representative from the FOD To be witnessed by: COA Representative The Goods shall be accepted by the end user after passing the inspection of the TIAC (Technical inspection and Acceptance Committee). • 0.5% of the total quantity per caliber shall be provided by the supplier to be tested by the Technical Inspection and Acceptance Committee (TIAC), COA Representative and End-User prior to final acceptance. Goods with defect or non-compliant with the required specifications as stipulated in the approved Purchase Order/Technical Specifications shall be rejected and shall be replaced by the Supplier free of cost to the Procuring Entity within seven (7) calendar days 17.3 If the goods pertain to Expendable Supplies: Three (3) months after acceptance by the Procuring Entity of the delivered goods or after the goods are consumed, whichever is earlier. If the goods pertain to Non-Expendable Supplies: One (1) year after acceptance by the Procuring Entity of the delivered goods. The period for correction of defects in the warranty period is 30 Calendar Days.. 17.3(c) “Not applicable.” 17.4 No further instructions. 17.5 No further instructions. 20.2 “Not applicable.” 21.1 No further instructions. Section VI. Schedule of Requirements The delivery schedule, expressed in weeks or months, indicates the required delivery date which shall be understood as the date the Goods are to be delivered to the project site. Republic of the Philippines Department of Justice BUREAU OF CORRECTIONS Muntinlupa City Section VI. Schedule of Requirements Supply and Delivery of Ammunition for FY 2026 The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the date of delivery to the project site. Item Number Description Quantity Delivered, Weeks/Months 1 Caliber 9mm Full metal jackets (124 grains) 173,097 rds. 30 calendar days 2 Caliber .45 Full metal jackets (230 grains) 13,547 rds. 30 calendar days 3 Caliber 40mm Full metal jackets (180 grains) 15,150 rds. 30 calendar days 4 Caliber 5.56mm x 45mm Full metal jackets Ball 30,000 rds. 30 calendar days 5 Caliber 7.62mm x 51mm m 180 Full metal jackets Ball (147 grains) 15,010 rds. 30 calendar days 6 Caliber 5.56mm M200 Blank 2,751 rds. 30 calendar days 7 12 Gauge Shot Shell 00 BK 11,196 rds. 30 calendar days I/We hereby commit to comply and deliver all the requirement in accordance with the above stated schedule. CONFORME: Name of Company in Print Signature Printed Name of Authorized Representative Date Section VII. Technical Specifications Republic of the Philippines Department of Justice BUREAU OF CORRECTIONS Muntinlupa City Technical Specifications Supply and Delivery of Ammunition for FY 2026 Item Specification Statement of Compliance 1 Caliber 9mm Full metal jackets (124 grains) 2 Caliber .45 Full metal jackets (230 grains) 3 Caliber 40mm Full metal jackets (180 grains) 4 Caliber 5.56mmx45mm Full metal jackets Ball 5 Caliber 7.62mmx51mm m 180 Full metal jackets Ball (147 grains) 6 Caliber 5.56mm M200 Blank 7 12 Gauge Shot Shell 00 BK I/We hereby commit to comply and deliver all the requirement in accordance with the above stated specifications. CONFORME: Name of Company in Print Signature Printed Name of Authorized Representative Date Section VIII. Philippine Bidding Document Related Forms COMPANY LETTERHEAD Statement of ongoing government & private contracts Supply and Delivery of Ammunition for FY 2026 Statement of all its ongoing government and or private contracts including contracts awarded but not yet started, if any whether similar or not similar in nature. Name of Contract Date of contract Contract Duration Owner’s Name and Address Kind of Goods Amount of Contract Value of Outstanding Contract Total Value of Outstanding Contract: CERTIFIED CORRECT: Name and Signature of Authorized Representative Position Date COMPANY LETTERHEAD Statement of Single Largest Completed Contract Supply and Delivery of Ammunition for FY 2026 Statement of Single (1) Largest Completed Contract within the last two (2) years from the date of submission and receipt of bids. Name of Contract Date of contract Contract Duration Owner’s Name and Address Kind of Goods Amount of Contract Amount of completed contracts, adjusted by the Bidder to current prices using PSA’s consumer price index, if necessary Date of Delivery CERTIFIED CORRECT: Name and Signature of Authorized Representative Position Date COMPANY LETTERHEAD Supply and Delivery of Ammunition for FY 2026 Certificate of Net Financial Contracting Capacity (Please show figures at how you arrived at the NFCC) This is to certify that our Net Financial Contracting Capacity (NFCC) is _____________________ (P____________) which is at least equal to the total ceiling price we are bidding. The amount is computed as follows: (Please show computation of NFCC) NFCC = (CA-CL) (15) – C Where: CA = Current Assets CL = Current Liabilities C = value of all outstanding or uncompleted portions of the Projects under going contracts, including awarded contracts Yet to be started coinciding with the contract for this Project NOTE: The values of the bidder’s current assets and current liabilities shall be based on the Audited Financial Statement submitted to the BIR. Issued this _________________day of ________________, 2026 _______________________________________________ Name & Signature of Authorized Representative ____________________ Position _______________ Date Bid Form for Procurement of Goods [Note: The duly accomplished form shall be submitted with the Bid] BID FORM Project Identification No.: [Insert number] To: [Name of Procuring Entity] Having examined the Philippine Bidding Documents (PBD) including the Supplemental Bid Bulletin Numbers [insert numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, declare that: a) I/We have no reservation to the PBD, including the Supplemental Bid Bulletins, for the Procurement Project [Project Title]; b) Select one, delete the other • I/We undertake to deliver the Goods in accordance with the delivery schedule in the Schedule of Requirements; • I/We offer to execute the Works for this Contract in accordance with the PBD; c) The total price of our Bid in words and figures, excluding any discount offered below, is [insert information] d) The discounts offered and the methodology for their application, if any, are: [insert information]; or indicate N/A if no discount offered] e) The total bid price in words and figures, after applying the applicable discount, 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 in the [Select one, delete the other: the Price Schedules/ Detailed Estimates]. f) This Bid shall remain valid within a period stated in the PBD, and it shall be binding upon me/us at any time before the expiration of that period; g) If our bid is accepted, I/we commit to enter to a contract and provide a performance security in the form, amounts, and within the times prescribed in the PBD, and hereby acknowledge the consequences under the IRR of RA No. 12009 on forfeiture of Bid Security or enforcement of Bid Securing Declaration and on Blacklisting. 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 the Bidder. I/We understand that you are not bound to accept the Lowest Calculated Bid or any Bid you may receive. I/We certify/confirm that we comply with the eligibility requirements pursuant to the PBD. The undersigned is authorized to submit the bid on behalf of [Name of the Bidder] as evidenced by the attached [State the Written Authority]. I/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. Duly authorized to sign the Bid for and behalf of: [Insert Bidder’s Name] [Signature over Printed Name] [Position/Designation] [Date] Price Schedule for Goods Name of Bidder . Project ID No. ___. Page _ of ______ Pricing Details for Goods Offered from Within the Philippines 1 2 3 4 5 6 7 8 9 10 Item Description Source of Domestic Product, as certified by the Relevant Agency Quantity Unit price exw per item Transportation and all other costs incidental to delivery, per item Sales and other taxes payable if Contract is awarded, per item Cost of Incidental Services, if applicable, per item Total Price, per unit (col 5+6+7+8) Total Price delivered Final Destination (col 9) x (col 4) Summary of Bid Prices The Procuring Entity may modify the table below as necessary to comply with the requirements of the Procurement Project. 1 2 3 4 Item No. Item Particulars / Description Total Amount Name: ___________________________________________________________________ Signature:________________________________________________________________ Duly authorized to sign the Bid for and behalf of: _________________________________ Price Schedule for Goods Name of Bidder . Project ID No. ___. Page _ of ______ Pricing Details for Goods Offered from Abroad 1 2 3 4 5 6 7 8 9 Item Description Country of origin Quantity Unit price CIF port of entry (specify port) or CIP named place (specify border point or place of destination) Total CIF or CIP price per item (col. 4 x 5) Unit Price Delivered Duty Unpaid (DDU) Unit price Delivered Duty Paid (DDP) Total Price delivered DDP (col 4 x 8) Summary of Bid Prices The Procuring Entity may modify the table below as necessary to comply with the requirements of a specific Project. 1 2 3 4 Item No. Item Particulars / Description Total Amount Name: ___________________________________________________________________ Signature:________________________________________________________________ Duly authorized to sign the Bid for and behalf of: _________________________________ Omnibus Sworn Statement Form [Note: The duly accomplished form shall be submitted with the Bid] REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S. OMNIBUS SWORN STATEMENT I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and with residence at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that: 1. Select one, delete the others: • If sole proprietorship: I am the sole proprietor or authorized representative of [Name of Bidder] with office address at [Address of Bidder]; • If 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]; • If individual consultant not registered under a sole proprietorship, in case of Consulting Services: I am the individual consultant or authorized representative of [Name of Bidder] with office address at [Address of Bidder]; 2. Select one, delete the others: • If 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 [Project Title] of the [Name of the Procuring Entity][insert “as supported by the attached duly notarized Special Power of Attorney” for authorized representative]; • If 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 [Project Title] of the [Name of the Procuring Entity], as supported by the attached duly notarized Special Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate, whichever is applicable; • If individual consultant not registered under a sole proprietorship, in case of Consulting Services: As the individual consultant 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 [Project Title] of the [Name of the Procuring Entity], as supported by the attached duly notarized Special Power of Attorney for authorized representative; 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; 4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; 5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted; 6. Select one, delete the others: • If sole proprietorship : The [Name of Bidder] and its spouse are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat; • If partnership : The partnership itself and the partners of [Name of Bidder] are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat; • If cooperative: The cooperative itself and members of the board of directors, general manager, or chief executive officer of [Name of Bidder] are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat; • If corporation, or joint venture: The corporation or joint venture itself, and officers, directors, and controlling stockholders of [Name of Bidder] are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat; • If individual consultant not registered under a sole proprietorship, in case of Consulting Services: The individual consultant and its spouse are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat; 7. It is understood that failure to faithfully disclose its relationship with the Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit or implementing unit, and the project consultants of the Procuring Entity, or of the procurement agent by consanguinity or affinity up to the third civil degree, as well as its submission of beneficial ownership information containing false entries shall be subject to blacklisting under Section 100 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 12009, without prejudice to criminal and civil liabilities under applicable laws, including their accessory penalties, if any. Select one, delete the rest: • In case of corporations: [Name of Bidder] declares its beneficial ownership information consistent with its updated General Information Sheet or Beneficial Ownership Declaration Form or any other document duly submitted to the SEC and has maintained a valid and updated file therein in compliance with Sections 20.2.9.1, 81, and 82 of the IRR of RA No. 12009. • In case of Foreign Bidders: [Name of Bidder] submitted an appropriate equivalent document in English issued by the country of the bidder concerned in accordance with Section 20.2.9.2 of the IRR of RA No. 12009. 8. [Name of Bidder] complies with existing labor laws and standards; and 9. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examine all of the Bidding Documents; b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract; c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and d) Inquire or secure Supplemental Bid Bulletin(s) issued for the [Project Title]. 10. [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. 11. In case advance payment was made or given to [Name of Bidder], failure to perform or deliver any of the obligations and undertakings in the contract shall be sufficient grounds to constitute criminal liability under existing laws. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines. Duly authorized to sign the Bid for and behalf of: [Insert Bidder’s Name] [Affiant’s Signature over Printed Name] [Position/Designation] [Date] JURAT SUBSCRIBED AND SWORN to before me this _____ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______. WITNESS MY HAND AND SEAL this ___ day of [month] [year]. NAME OF NOTARY PUBLIC Notarial Commission No. ___________ Notary Public for ______ until _______ Roll of Attorneys No. _____ PTR No. __, [date issued], [place issued] IBP No. __, [date issued], [place issued] Doc. No. ________ Page No. _______ Book No. _______ Series of _______. Bid Securing Declaration Form [The duly accomplished form shall be submitted with the Bid if bidder opts to provide this type of bid security] _________________________________________________________________________ REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ____________________ ) S.S. BID SECURING DECLARATION Project Identification No.: [Number] To: [Insert name 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; [Insert paragraph for Unsolicited Offer with Bid Matching] I/We understand that upon conferment of the original offeror status under Section 30.6 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 12009, the offeror shall submit a Bid Securing Declaration within ten (10) days from the receipt of the certificate of conferment; 2) Select one, delete the other: • I/We accept that: (a) I/we will be automatically disqualified from bidding for any procurement contract with any Procuring Entity upon receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under 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 52.2 (a), 63.2, 69.1 and 100, except 100.3 (c),of the IRR of Republic Act No. 12009; without prejudice to other legal action the government may undertake; and (For Unsolicited Offer with Bid Matching) • I/We accept that: I/we will be automatically disqualified from any procurement opportunity of the Procuring Entity for a period of one (1) year on the first offense, two (2) years on the second offense, and perpetually on the third offense 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; [Insert this paragraph for Unsolicited Offer with Bid Matching] b) Upon contract award and the LCCRB is not the original offeror; or c) I am/we are declared the bidder with the [Insert Award Criterion1] and I/we have furnished the performance security and signed the Contract. IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month] [year] at [place of execution]. Duly authorized to sign the Bid for and behalf of: [Insert Bidder’s Name] [Signature over Printed Name] [Position/Designation] [Date] JURAT SUBSCRIBED AND SWORN to before me this _____ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______. WITNESS MY HAND AND SEAL this ___ day of [month] [year]. NAME OF NOTARY PUBLIC Notarial Commission No. ___________ Notary Public for ______ until _______ Roll of Attorneys No. _____ PTR No. __, [date issued], [place issued] IBP No. __, [date issued], [place issued] Doc. No. ________ Page No. _______ Book No. _______ Series of _______. Checklist of Technical and Financial Documents First Envelope The first bid envelope shall contain the following technical documents, at the least: 1 PhilGEPS Certificate of Registration (Platinum Membership) in accordance with Section 20 of the IRR; 2 Statement of all its ongoing government and private contracts; 3 Statement of the Bidder’s SLCC; 4 NFCC Computation or committed Line of Credit; 5 JVA or the duly notarized statement in accordance with Section 52.1(b) of this IRR, if applicable; 6 Bid Security in the prescribed form, amount and validity period; 7 Omnibus Sworn Statement in accordance with Section 54.3 of the IRR. 8 Technical Specifications, which may include production or delivery schedule, manpower requirements, or after-sales service or parts, if applicable; 9 Schedule of Requirements; Second Envelope The second bid envelope shall contain the financial documents: 1 Original of duly signed and accomplished Financial Bid Form; 2 Original of duly signed and accomplished Price Schedule for Goods;