subscripion of unified threat management (utm) … · subscription of unified threat management...

SUBSCRIPION OF UNIFIED THREAT MANAGEMENT (UTM) SOLUTION Page 1

TERMS OF REFERENCE

SUBSCRIPTION OF UNIFIED THREAT MANAGEMENT (UTM) SOLUTIONS

I. INTRODUCTION

The Philippine Overseas Employment Administration, given its various online and connectivity systems and multiple users a UNIFIED THREAT MANAGEMENT (UTM) solution which can perform multiple security functions and synchronization, create policies to control security risks, and provide detailed appliance and users reporting to improve the POEA network performance and protection.

The UTM solution should be an all-inclusive security product, able to

perform the abovementioned functions within one single appliance: firewall, networking, routing, advanced threat protection (ATP), intrusion prevention system (IPS), virtual private network (VPN), anti-spam, network policy management, content filtering, identity awareness, load, data leak prevention, mobile and wifi access, application control, URL filtering and appliance reporting.

II. TECHNICAL REQUIREMENTS

The required Next Generation UTM Appliance must comply with the following

specifications: A. Hardware Specifications

Processor: Intel Core i5 Dual-Core @ 2.9Ghz

Form Factor: 1U rackmount

Memory: 12GB DDR3

Storage: 180GB SSD

Ethernet Ports: 8-Copper / 2 – SFP GBIC / 1-Lan Module Slot

I/O ports: 3 USB / 1 RJ45 COM / 1 VGA (rear)

Display: Multi-function LCD display

Power Supply: 36W, 123 BTU/hour (idle) 147W, 502 BTU/hour (full load); 110-240VAC 50-60 Hz (option for Redundant PSU)

Product Certifications (Safety, EMC): CB, CE, FCC Class A, IC, VCCI, RCM, UL, CCC

B. Security Performance

Firewall Throughput: 30 Gbps

IPS throughput: 8.5 Gbps

VPN throughput: 3.2 Gbps

Antivirus throughput (proxy): 6 Gbps


Concurrent connections: 17,500,000 or more

New connections/sec: 200,000 or more

Maximum licensed users: unrestricted

C. General Management

Rich graphical interactive control center with traffic-light style indicators for important alerts

2-clicks-to-anywhere navigation

Advanced trouble-shooting tools in GUI (e.g. Packet Capture)

High Availability (HA) support clustering 2 devices in active-active or active-positive mode.

HA Support for dynamic addresses on WAN interfaces

Full command-line interface (CLI) accessible from GUI

Role-based administration

Automated firmware update notification with easy automated update process and roll-back features

Reusable system object definitions for networks, services, hosts, time periods, users and groups, clients and servers

Self-service user portal

Configuration change tracking

Flexible device access control for services by zones

Email or SNMP trap notification options

SNMP and NetFlow support

Central management support from on-premise or cloud-based firewall manager

Backup and restore configurations: locally, via FTP or email; on-demand, daily, weekly or monthly

API for 3rd party integration

Secure remote access option for principal’s support

Cloud-based license management

Deployment options support for hardware appliances, software, virtual, and Microsoft Azure

D. Firewall, Networking, and Routing

Stateful deep packet inspection firewall

Fast Path Packet Optimization

User, network, or business application-based firewall rules

Access time policies per user/group

Enforce policy across zones, networks, or by service type

Zone isolation and zone-based policy support.

Default zones for LAN, WAN, DMZ, LOCAL, VPN and WIFI

Custom zones on LAN or DMZ

Customizable NAT policies with IP masquerading

Flood protection: DoS, DDoS and portscan blocking


Country blocking by geo-IP with simple country and continent selections

Routing: static, multicast (PIM-SM) and dynamic (RIP, BGP, OSPF)

Per-rule and policy-based routing by source, destination, user/group or layer-4 service

Upstream proxy support

Protocol independent multicast routing with IGMP snooping

Bridging with STP support and ARP broadcast forwarding

VLAN DHCP support and tagging

Simultaneous DHCP Server and Relay support

Multiple bridge support

WAN link balancing: multiple Internet connections, auto-link health check, automatic failover, automatic and weighted balancing and granular multipath rules

Wireless WAN support (n/a in virtual deployments):

802.3ad interface link aggregation

Full configuration of DNS, DHCP and NTP

Dynamic DNS

IPv6 support with tunneling support including 6in4, 6to4, 4in6, and IPv6 rapid deployment (6rd) through IPSec

E. Base Traffic Shaping & Quotas

Flexible network or user-based traffic shaping (QoS) (enhanced Web and App traffic shaping options)

Set user-based traffic quotas on upload/download or total traffic and cyclical or non-cyclical

Real-time VoiP optimization

F. Secure Wireless

Simple plug-and-play deployment of wireless access points (Aps) – automatically appear on the firewall control center

Central monitor and manage all Aps and wireless clients through the built-in wireless controller

Bridge Aps to LAN, VLAN, or a separate zone with client isolation options

Multiple SSID support per radio including hidden SSIDs

Support for the latest security and encryption including WPA2 Personal and Enterprise

Support for IEEE 802.1X (RADIUS authentication)

Support for 802.11r (fast transition)

Hotspot support for (custom) vouchers, password of the day, or T&C acceptance

Wireless guest Internet access with walled garden options

Time-based wireless network access


Wireless repeating and bridging meshed network mode with supported Aps

Automatic channel selection background optimization

Support for HTTPS login

Rogue AP detection

G. Authentication

Transparent, proxy authentication (NTLM) or client authentication

Authentication via: Active Directory, eDirectory, RADIUS, LDAP and TACACS+

Server authentication agents for Active Directory SSO

Client authentication agents for Windows, Mac OS X, Linux 32/64

Authentication certificates for iOS and Android

Single sign-on: Active directory, eDirectory

Authentication services for IPSec, L2TP, PPTP, SSL

Customizable Captive Portal

Two factor authentications (one-time password support) for IPSec and SSL VPN, user portal, and Web Admin

H. User Self-Service Portal

Download the Authentication Client under user portal

Download SSL remote access client (Windows) and configuration files (other OS)

Hotspot access information

Change user name and password

View personal internet usage

Access quarantined messages (requires Email Protection)

Setup two-factor authentication with QR Code

Site-to-site VPN: SSL, IPSec, 256-bit AES/3DES, PFS, RSA, X.509 certificates, pre-shared key

L2TP and PPTP

Remote access: SSL, IPSec, iPhone/iPad/Cisco/Android VPN client support

SSL client for Windows & configuration download via user portal

I. IPSec client (must support; optional to purchase)

Authentication: Pre-Shared Key (PSK), PKI (X.509), Smartcards, Token and XAUTH

Encryption: AES (128/192/256), DES, 3DES (112/168), Blowfish, RSA (up to 2048 Bit), DH groups 1/2/5/14, MD5 and SHA-256/384/512

Intelligent split-tunneling for optimum traffic routing

NAT-traversal support

Client-monitor for graphical overview of connections status

Multilingual: German, English and French


J. Intrusion Prevention System (IPS)

High-performance, next-gen IPS deep packet inspection engine with selective IPS patterns for maximum performance and protection

Thousands of signatures

Support for custom IPS signatures

Flexible IPS policy deployment as part of any network or user policy with full customization

K. Advanced Threat Protection and Security Synchronization

Advanced Threat Protection (Detect and block zero-day attacks or network traffic attempting to contact command and control servers using multi-layered DNS, AFC, and firewall)

End-to-end security synchronization that instantly identifies compromised endpoints including the host, user, process, incident count, and time of compromise

End-to-end security synchronization that policies can limit access to network resources or completely isolate compromised systems until they are cleaned up

End-to-end security synchronization which automatically protects healthy systems from connecting to compromised endpoints and servers

Block all traffic to or from non-managed devices and endpoints without a security synchronization

L. Clientless VPN

Unique encrypted HTML5 self-service portal with support for RDP, HTTP, HTTPS, SSH, Talent and VNC.

M. Remote Ethernet Device VPN

Clientless VPN

Central Management of all RED devices

No configuration: Automatically connects through a cloud-based provisioning service

Secure encrypted tunnel using digital X.509 certificates and AES256-encryption

Virtual Ethernet for reliable transfer of all traffic between locations

IP address management with centrally defined DHCP and DNS Server configuration

Remotely de-authorize RED devices after a select period of inactivity

Compression of tunnel traffic

VLAN port configuration options

N. Web Protection and Control


Enterprise-grade web policy engine with top-down execution and inheritance with flexible user/group policy definitions and precedence, customizable activities, block/warn/allow actions, and time-of-day and day-of-week constraints

High-performance fully transparent proxy for anti-malware and web-filtering

Enhanced Advanced Threat Protection

URL Filter database with millions of sites across 92 categories

Surfing quota time policies per user/group


Malware scanning: block all forms of viruses, web malware, trojans and spyware on HTTP/S, FTP and web-based email

Advanced web malware protection with JavaScript emulation

Live Protection real-time in-the-cloud lookups for the latest threat intelligence

Second independent malware detection engine (Avira) for dual-scanning

Real-time or batch mode scanning

Pharming Protection

HTTP and HTTPS scanning and enforcement on any network and user policy with fully customizable rules and exceptions

SSL protocol tunneling detection and enforcement

Certificate Validation

High performance web content caching

Forced caching for endpoint signature updates

File type filtering by mime-type, extension and active content types (e.g. Activex, applets, cookies, etc.)

YouTube for Schools enforcement

SafeSearch enforcement

Creative commons image search enforcement

Google Apps domain enforcement

Unscannable content handling options

Support for adding custom 3rd party URL databases

O. Application Protection and Control

Enhanced application control with signatures and Layer 7 patterns for thousands of applications

Dynamic application identification utilizes the end-to-end security synchronization link with the endpoint to determine apps responsible for generating unknown traffic on the network

Micro app discovery and control

Application control based on category, characteristics (e.g. bandwidth and productivity consuming), technology (e.g. P2P) and risk level

Per-user or network rule application control policy enforcement


P. Web and Application Traffic Shaping

Enhanced traffic shaping (QoS) options by web category or application to limit or guarantee upload/download or total traffic priority and bitrate individually or shared

Q. Email Protection and Control

Per-domain mail routing

Integrated MTA (Message Transfer Agent) to store-and-forward mail in the event servers are unavailable

Email scanning with SMTP, POP3, and IMAP support

Reputation service with spam outbreak monitoring based on patented Recurrent-Pattern-Detection technology

Block spam and malware during the SMTP transaction



Automatic signature and pattern updates

File-Type detection/blocking/scanning of attachments

Accept, reject or drop over-sized messages

Detects phishing URLs within e-mails

Use pre-defined content scanning rules or create your own custom rules based on variety of criteria

TLS Encryption support for SMTP, POP and IMAP

Append signature automatically to all outbound messages

Email archiver

R. Email Quarantine Management

Spam quarantine digest and notifications options

Malware and spam quarantines with search and filter options by date, sender, recipient, subject, and reason with option to release and delete messages

Self-serve user portal for viewing and releasing quarantined messages

S. Email Encryption and Data Leakage Prevention

Patent-pending SPX encryption for one-way message encryption

Recipient self-registration SPX password management

SPX Reply Portal for recipients to reply to encrypted messages securely

Add attachments to SPX secure replies

Completely transparent, no additional software or client required

DLP engine with automatic scanning of emails and attachments for sensitive data


Pre-packaged sensitive data type content control lists (CCLs) for PII, PCI, HIPAA, and more.

T. Web Application Firewall Protection

Reverse proxy

URL hardening engine with deep-linking and directory traversal prevention

Form hardening engine

SQL injection protection

Cross-site scripting protection

Dual-antivirus engines (Sophos & Avira)

HTTPS (SSL) encryption offloading

Cookie signing with digital signatures

Path-based routing

Outlook anywhere protocol support

Reverse authentication (offloading) for form-based and basic authentication for server access

Virtual server and physical server abstraction

Integrated load balancer spreads visitors across multiple servers

Skip individual checks in a granular fashion as required

Match requests from source networks or specified target URLs

Support for logical and/or operators

Assists compatibility with various configurations and non-standard deployments

Options to change WAF performance parameters

Scan size limit option

Allow/Block IP ranges

Wildcard support for server paths

Automatically append a prefix/suffix for authentication

U. Malware & Zero-Day Threat Protection

Word documents (including .doc, .docx, .docm and .rtf)

PDF documents

Archives containing any of the file types such as ZIP, BZIP, GZIP, RAR, TAR, LHA/LZH, 7Z, Microsoft Cabinet

Supports more than 20 file types

Hash caching for the previously scanned files

Cloud-based analysis to reduce load for the security appliance

Average analysis time must be only 120 second

V. Logs and Reports

Hundreds of on-box reports with custom report options: Dashboards (Traffic, Security, and User Threat Quotient), Applications (App Risk, Blocked Apps, Search Engines, Web Servers, FTP), Network & Threats (IPS, ATP, Wireless,


Synchronized Security), VPN, Email, Compliance (HIPAA, GLBA, SOX, FISMA, PCI, NERC CIP v4, CIPA)

Current Activity Monitoring: system health, live users, IPsec connections, remote users, live connections, wireless clients, quarantine, and DoS attacks

Report anonymization

Report scheduling to multiple recipients by report group with flexible frequency options

Export reports as HTML, PDF, Excel (XLS) Report bookmarks

Full log viewer available from every screen that pops-open in a new window

Customized log viewer refresh period and color-coded log lines for easy trouble-shooting

Log retention customization by category

W. Warranty and Support

Hardware warranty & RMA with Advanced Exchange

24x7 Enhanced Plus Support via Telephone & Email with Remote Consultation

2 Locally certified engineers for local support

FREE Security Updates & Patches

FREE Software Features Updates & Upgrades

Warranty shall be1 year on parts, services and onsite repair

Manage the features of the UTM appliance. The support should include: - Hardware Support - Firmware support - Enhanced Support - Antivirus - Intrusion Prevention Systems (IPS) - Web and Application Filtering

- Anti-spam

III. BIDDDER’S QUALIFICATION AND OBLIGATIONS

1. Must be duly authorized by the manufacturer / distributor to provide, sell, configure and support the firewall and management appliance.

a. The certification from the manufacturer/distributor authorizing the prospective bidder to provide such product should be submitted together with the bid proposal.

b. Bid proposals that do not include the certification shall not be accepted/considered for award

2. Must be legally registered and has at least three (3) years of experience in supplying and installing network firewalls and management appliances


and should submit copies of Client Satisfactory Certificate from at least two (2) clients for the last three (3) years.

3. Shold have at least two (2) certified security professionals. Training certificate of the certified security professionals should be attached to the bid proposal.

4. Must have the capacity to escalate product technical issues directly to the manufacturer.

IV. SCOPE OF WORK AND SERVICES The supplier shall provide a comprehensive UTM solution and support to POEA.

The scope of work and services are as follows:

1. Deliver, configure and install all the UTM components and software within

forty five (45) days upon receipt of Notice to Proceed; 2. Provide documentation of all components and peripherals; 3. Provide technology and knowledge transfer sessions to POEA ICTB staff 4. Replace with a similar unit, and any equipment under the warranty

contract found to be defective on the next business day, without additional cost to POEA;

5. Provide call and onsite technical support for technical problem. 6. Replace defective units in full within 15 days from the date of delivery.

The POEA ICT Branch shall supervise the delivery, installation and configuration of all hardware and software components and shall provide and install other software, not covered by the supplier, if in necessary, but this should be included in the proposal for preparation of these requirements in advance by the ICT Branch. Moreover, the ICT Branch shall also provide the venue for the comprehensive training and administration sessions.

V. PAYMENT SCHEME

POEA shall pay the Supplier in the amount of the contract price, VAT inclusive but net of 10% Retention of the total contract amount, within thirty (30) calendar days after submission and issuance of all required documents, to wit:

1. BIR VAT registered Supplier’s Invoice (Original and Duplicate) issued in the name of POEA

2. Delivery Receipt (Original and Duplicate) issued in the name of POEA, duly acknowledge and received by POEA’s authorized representative;

3. Warranty Certificate covering one Year Service Warranty issued in the name of p;

4. Inspection and Acceptance Report issued by POEA to the Supplier; 5. Copy of Duly Notarized Contract Agreement; and 6. Certificate of Availability of Technical Support with contact details


VI. DURATION AND ABC OF THE CONTRACT The contract for the project shall be for forty-five (45) calendar days from

receipt of Notice to Proceed, covering schedules for UTM onsite delivery, installation and configuartion, stress testing and submission of testing results and documentation and comprehensive training of ICTB staff.

The approved budget cost of the project is One Million One Hundred Eighty Nine Thousand Twenty Pesos (Pp 1,189,020.00) inclusive of all Standard Government taxes and other charges.

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION ITB 02-2020

Subscription of Unified Threat Management (UTM) Solution for CY 2020

Blas F. Ople Bldg, Ortigas corner EDSA Mandaluyong City

-----------------------------------------------------------------

Checklist of Requirements for Public Bidding ( Goods and Services )

A. The Technical Component (Envelope No. 1) shall contain the following:

1. Authority of Signatory/Secretary’s Certificate

2. Registration certificate from the Securities and Exchange Commission (SEC),

Department of Trade and Industry (DTI) for sole proprietorship, or

Cooperative Development Authority (CDA) for cooperatives, or any proof of

such registration

1.1 Sole Proprietorship - DTI Registration Certificate

1.2 Partnership - SEC Certificate of Registration or Certificate of

Filing of Amended Articles of Partnership

1.3 Corporation - SEC Certificate of Registration or Certificate of

Filing of Amended Articles of Partnership

1.4 Cooperative - Cooperative Development Authority Registration

3. Valid and Current Mayor’s Permit

4. Audited financial statement stamped “received” by the BIR or its authorized

institutions

5. Valid Tax Clearance

6. PhilGEPS Registration Certificate

7. Statement of Bidder’s all on-going and completed government and private

contracts covering the periods stated in the bidding documents

7.1 On-going including Awarded but not yet started Contracts

7.2 Single Largest Similar Completed government and private contracts

8. Computation for its Net Financial Contracting Capacity (NFCC).

9. If applicable, Joint Venture Agreement in case the joint venture is already in

existence, or duly notarized statements from all the potential joint venture

partners

10. Bid Security or Bid Securing Declaration

11. Notarized Omnibus Sworn Statement

12. Compliance/Conformity with the Schedule of Requirements

13. Compliance/Conformity with the Technical Specifications

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION ITB 02-2020


Blas F. Ople Bldg, Ortigas corner EDSA Mandaluyong City

-----------------------------------------------------------------

B. The Financial Proposal (Envelope No. 2)

1. Financial Bid Form in accordance with the form prescribed in Section IX. Bidding

Forms

Requirements During Post-Qualification

Please submit the following documents within five (5) calendar days from the

receipt of Post-Qualification Notice:

1. Latest Income and Business Tax Returns

PHILIPPINE BIDDING DOCUMENTS (As Harmonized with Development Partners)

Procurement of

GOODS

Government of the Republic of the Philippines

Subscription of Unified Threat

Management (UTM) Solution for CY 2020

(ITB 02-2020)

Fifth Edition

August 2016

2

Preface

These Philippine Bidding Documents (PBDs) for the procurement of Goods through

Competitive Bidding have been prepared by the Government of the Philippines (GOP) for

use by all branches, agencies, departments, bureaus, offices, or instrumentalities of the

government, including government-owned and/or -controlled corporations (GOCCs),

government financial institutions (GFIs), state universities and colleges (SUCs), and local

government units (LGUs) and autonomous regional government. The procedures and

practices presented in this document have been developed through broad experience, and are

for mandatory1 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 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184.

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; (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 PBDs 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; Section VII. Technical Specifications, and Section IX. Foreign-

Assisted Projects. The forms to be used are provided in Section VIII. Bidding Forms.

Care should be taken to check the relevance of the provisions of the PBDs 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. Bidding 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

1 Unless the Treaty or International or Executive Agreement expressly provides use of foreign

government/foreign or international financing institution procurement guidelines.

3

the text of the final document, although they contain instructions that the

Procuring Entity should strictly follow. The Bidding Documents should

contain no footnotes except Section VIII. Bidding Forms since these provide

important guidance to Bidders.

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

as to the names of the Project, Contract, and Procuring Entity, in addition to

date of issue.

(e) If modifications must be made to 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

completion, whenever reference has to be made to specific clauses in the BDS

or SCC these terms shall be printed in bold type face on Section I. Instructions

to Bidders and Section III. General Conditions of Contract, respectively.

TABLE OF CONTENTS

SECTION I. INVITATION TO BID ............................................................................5

SECTION II. INSTRUCTIONS TO BIDDERS .............................................................9

SECTION III. BID DATA SHEET ......................................................................... 40

SECTION IV. GENERAL CONDITIONS OF CONTRACT ....................................... 44

SECTION V. SPECIAL CONDITIONS OF CONTRACT ........................................... 61

SECTION VI. SCHEDULE OF REQUIREMENTS .................................................... 64

SECTION VII. TECHNICAL SPECIFICATIONS ..................................................... 65

SECTION VIII. BIDDING FORMS ........................................................................ 75

SECTION IX. FOREIGN-ASSISTED PROJECTSERROR! BOOKMARK NOT DEFINED.

5

Section I. Invitation to Bid

Notes on the Invitation to Bid

The Invitation to Bid provides information that enables potential Bidders to decide

whether to participate in the procurement at hand. The Invitation to Bid shall be:

(a) Posted continuously in the Philippine Government Electronic Procurement System

(PhilGEPS) website, the website of the Procuring Entity concerned, if available,

and the website prescribed by the foreign government/foreign or international

financing institution, if applicable, for seven (7) calendar days starting on the date

of advertisement;

(b) Posted at any conspicuous place reserved for this purpose in the premises of the

Procuring Entity concerned for seven (7) calendar days, as certified by the head of

the Bids and Awards Committee (BAC) Secretariat of the Procuring Entity

concerned; and

(c) Advertised at least once in a newspaper of general nationwide circulation which has

been regularly published for at least two (2) years before the date of issue of the

advertisement, subject to Section 21.2.1(c) of the IRR of RA 91842.

Apart from the essential items listed in the Bidding Documents, the Invitation to Bid

should also indicate the following:

(a) The date of availability of the Bidding Documents, which shall be from the time

the Invitation to Bid is first advertised/posted until the deadline for the submission

and receipt of bids;

(b) The place where the Bidding Documents may be acquired or the website where it

may be downloaded;

(c) The deadline for the submission and receipt of bids from the last day of posting of

the Invitation to Bid; and

(d) Any important bid evaluation criteria (e.g., the application of a margin of

preference in bid evaluation).

The Invitation to Bid should be incorporated in the Bidding Documents. The information

contained in the Invitation to Bid must conform to the Bidding Documents and in

particular to the relevant information in the BDS.

2 Two years after the effectivity of the 2016 Revised IRR of R.A. No. 9184 on 28 October 2016, advertisement

in a newspaper of general nationwide circulation shall no longer be required. However, a procuring entity that

cannot post its opportunities in the PhilGEPS for justifiable reasons shall continue to publish its advertisements

in a newspaper of general nationwide circulation.

6

For foreign-assisted projects, the Invitation to Bid to be used is provided in Section IX-

Foreign-Assisted Projects.

7

INVITATION TO BID

SUBSCRIPTION OF UNIFIED THREAT MANAGEMENT (UTM) SOLUTION

FOR CY 2020

1. The PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), through

the General Appropriations Act (GAA) of 2020 intends to apply the sum of ONE

MILLION ONE HUNDRED EIGHTY-NINE THOUSAND TWENTY PESOS ONLY

(₱1,189,020.00) being the Approved Budget for the Contract (ABC) to payments

for the Subscription of Unified Threat Management (UTM) Solution for CY 2020. Bids

received in excess of the Approved Budget for the Contract (ABC) shall be

automatically rejected at the bid opening.

The POEA now invites bids for the following services and interested bidders may refer

to the table below for the schedule of bidding activities:

2. Bidders should have at least two (2) completed and/or on-going similar projects,

within a three (3) year period from the date of submission and receipt of bids. The

description of an eligible bidder is contained in the bidding documents, particularly, in

Section II. Instructions to Bidders.

3. Bidding will be conducted through open competitive bidding procedures using a non-

discretionary “pass/fail” criterion as specified in the 2016 Revised Implementing Rules

and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the

“Government Procurement Reform Act”.

4. 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 5183.

5. Interested bidders may obtain further information from the POEA BAC Secretariat and

inspect the Bidding Documents at the address given below from 8:00 a.m. to 5:00

p.m.

6. A complete set of Bidding Documents may be acquired by interested Bidders on 01

July 2020 from the address below.

Contract Name

Approved

Budget for the

Contract (ABC)

DATE & TIME Price of Bid

Documents

(Non-

Refundable)

Pre-Bid

Conference

Deadline of

Submission

and Opening

of Bid Docs

Subscription of Unified Threat Management (UTM) Solution for CY 2020 – ITB 02-2020

₱1,189,020.00 08 July 2020

2:00 p.m.

20 July 2020

2:00 p.m. ₱5,000.00

8

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.

7. The POEA will hold a Pre-Bid Conference on 08 July 2020, 2:00 p.m. at the 6th Floor,

Bids and Awards Committee Office, POEA BFO Bldg., Ortigas Ave., corner Edsa,

Mandaluyong City which shall be open to prospective bidders.

8. Bids must be duly received by the BAC Secretariat at the address below on or before

20 July 2020, 2:00p.m. All Bids must be accompanied by a bid security in any of the

acceptable forms and in the amount stated in ITB Clause 18.

9. Bid opening shall be on 20 July 2020, 2:00p.m. at 6th Floor, Bids and Awards

Committee Office, POEA BFO Bldg., Ortigas Ave., corner Edsa, Mandaluyong City. Bids

will be opened in the presence of the bidders’ representatives who choose to attend at

the address below. Late bids shall not be accepted.

10. All particulars relative to Eligibility Statement and Screening, Bid Security,

Performance Security, Pre-Bidding Conference, Evaluation of Bids, Post-Qualification

and Award of Contract shall be governed by the pertinent provisions of R.A. 9184 and

its Implementing Rules and Regulation (IRR), as amended.

11. The POEA reserves the right to reject any and all bids, declare a failure of bidding, or

not award the contract at any time prior to contract award in accordance with Section

41 of RA 9184 and its IRR, without thereby incurring any liability to the affected

bidder or bidders.

12. The POEA assumes no responsibility whatsoever to compensate or indemnify bidders

for any expenses incurred in the preparation of their bids.

13. For further information, please refer to:

POEA Bids and Awards Committee

BFO Bldg., Ortigas Avenue corner Edsa, Mandaluyong City

8722-1195

[email protected]

www.poea.gov.ph

DIR. RIA CORAZON S. LANO

Chairperson

Bids and Awards Committee

29 June 2020

http://www.poea.gov.ph/

9

Section II. Instructions to Bidders

Notes on the Instructions to Bidders

This Section of the Bidding Documents provides the information necessary for bidders to

prepare responsive bids, in accordance with the requirements of the Procuring Entity. It

also provides information on bid submission, eligibility check, opening and evaluation of

bids, post-qualification and on the award of contract.

This Section also contains provisions that are to be used unchanged. Section III consists of

provisions that supplement, amend, or specify in detail, information or requirements

included in Section II which are specific to each procurement.

Matters governing performance of the Supplier, payments under the contract, or matters

affecting the risks, rights, and obligations of the parties under the contract are not normally

included in this Section, but rather under Section IV. General Conditions of Contract

(GCC), and/or Section V. Special Conditions of Contract (SCC). If duplication of a

subject is inevitable in other sections of the document prepared by the Procuring Entity,

care must be exercised to avoid contradictions between clauses dealing with the same

matter.

10

TABLE OF CONTENTS

A. GENERAL ........................................................................................................ 12

1. Scope of Bid ............................................................................................................. 12

2. Source of Funds ........................................................................................................ 12

3. Corrupt, Fraudulent, Collusive, and Coercive Practices .......................................... 12

4. Conflict of Interest ................................................................................................... 13

5. Eligible Bidders ........................................................................................................ 15

6. Bidder’s Responsibilities .......................................................................................... 16

7. Origin of Goods ........................................................................................................ 18

8. Subcontracts ............................................................................................................. 19

B. CONTENTS OF BIDDING DOCUMENTS .............................................................. 19

9. Pre-Bid Conference .................................................................................................. 19

10. Clarification and Amendment of Bidding Documents ............................................. 20

C. PREPARATION OF BIDS .................................................................................... 20

11. Language of Bid ....................................................................................................... 20

12. Documents Comprising the Bid: Eligibility and Technical Components ................ 20

13. Documents Comprising the Bid: Financial Component .......................................... 22

14. Alternative Bids ........................................................................................................ 23

15. Bid Prices ................................................................................................................. 23

16. Bid Currencies .......................................................................................................... 25

17. Bid Validity .............................................................................................................. 25

18. Bid Security .............................................................................................................. 26

19. Format and Signing of Bids ..................................................................................... 28

20. Sealing and Marking of Bids .................................................................................... 29

D. SUBMISSION AND OPENING OF BIDS ................................................................ 29

21. Deadline for Submission of Bids ............................................................................. 29

22. Late Bids .................................................................................................................. 30

23. Modification and Withdrawal of Bids ...................................................................... 30

24. Opening and Preliminary Examination of Bids ....................................................... 31

E. EVALUATION AND COMPARISON OF BIDS ....................................................... 32

25. Process to be Confidential ........................................................................................ 32

26. Clarification of Bids ................................................................................................. 32

27. Domestic Preference ................................................................................................ 33

11

28. Detailed Evaluation and Comparison of Bids .......................................................... 33

29. Post-Qualification ..................................................................................................... 34

30. Reservation Clause ................................................................................................... 35

F. AWARD OF CONTRACT .................................................................................... 37

31. Contract Award ........................................................................................................ 37

32. Signing of the Contract ............................................................................................ 37

33. Performance Security ............................................................................................... 38

34. Notice to Proceed ..................................................................................................... 39

35. Protest Mechanism…………………………………………………………………37

12

A. General

1. Scope of Bid

1.1. The Procuring Entity named in the BDS invites bids for the supply and

delivery of the Goods as described in Section VII. Technical Specifications.

1.2. The name, identification, and number of lots specific to this bidding are

provided in the BDS. The contracting strategy and basis of evaluation of lots

is described in ITB Clause 28.

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 the Project, as defined in the BDS, 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 terms set forth below as

follows:

(i) “corrupt practice” means behavior on the part of officials in the

public or private sectors by which they 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 3019.

(ii) “fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of a

contract to the detriment of the Procuring Entity, and 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

13

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

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to an administrative

proceedings or investigation or making false statements

to investigators in order to materially impede an

administrative proceedings or investigation of the

Procuring Entity or any foreign government/foreign or

international financing institution into allegations of a

corrupt, fraudulent, coercive or collusive practice;

and/or threatening, harassing or intimidating any party

to prevent it from disclosing its knowledge of matters

relevant to the administrative proceedings or

investigation or from pursuing such proceedings or

investigation; or

(bb) 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) will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in any of the 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

14

interest in any of the circumstances set out in paragraphs (d) through (g)

below:

(a) A Bidder has controlling shareholders 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 legal 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;

(e) A Bidder submits more than one bid in this bidding process. However,

this does not limit the participation of subcontractors in more than one

bid;

(f) 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; or

(g) 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. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents

shall be accompanied by a sworn affidavit of the Bidder that it is not related to

the Head of the Procuring Entity (HoPE), members of the Bids and Awards

Committee (BAC), members of the Technical Working Group (TWG),

members of the BAC Secretariat, the head of the Project Management Office

(PMO) or the end-user unit, and the project consultants, by consanguinity or

affinity up to the third civil degree. On the part of the Bidder, this Clause shall

apply to the following persons:

(a) If the Bidder is an individual or a sole proprietorship, to the Bidder

himself;

(b) If the Bidder is a partnership, to all its officers and members;

(c) If the Bidder is a corporation, to all its officers, directors, and

controlling stockholders;

(d) If the Bidder is a cooperative, to all its officers, directors, and

controlling shareholders or members; and

15

(e) If the Bidder is a joint venture (JV), the provisions of items (a), (b), (c),

or (d) of this Clause shall correspondingly apply to each of the

members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this

Clause will result in the automatic disqualification of a Bidder.

5. Eligible Bidders

5.1. Unless otherwise provided in the BDS, the following persons shall be eligible

to participate in this bidding:

(a) Duly licensed Filipino citizens/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/entities forming themselves into a Joint Venture (JV), i.e., a

group of two (2) or more persons/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%).

5.2. Foreign bidders may be eligible to participate when any of the following

circumstances exist, as specified in the BDS:

(a) When a Treaty or International or Executive Agreement as provided in

Section 4 of RA 9184 and its IRR allow foreign bidders to participate;

(b) Citizens, corporations, or associations 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. Government owned or –controlled corporations (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.

16

5.4. Unless otherwise provided in the BDS, the Bidder must have completed a

Single Largest Completed Contract (SLCC) similar to the Project and the

value of which, adjusted, if necessary, by the Bidder to current prices using the

Philippine Statistics Authority (PSA) consumer price index, must be at least

equivalent to a percentage of the ABC stated in the BDS.

For this purpose, contracts similar to the Project shall be those described in the

BDS, and completed within the relevant period stated in the Invitation to Bid

and ITB Clause 12.1(a)(ii).

5.5. 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 submitted to the BIR.

For purposes of computing the foreign bidders’ NFCC, the value of the current

assets and current liabilities shall be based on their audited financial

statements prepared in accordance with international financial reporting

standards.

If the prospective 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. If issued by a foreign

universal or commercial bank, it shall be confirmed or authenticated by a local

universal or commercial bank.

6. Bidder’s Responsibilities

6.1. The Bidder or its duly authorized representative shall submit a sworn

statement in the form prescribed in Section VIII. Bidding Forms as required in

ITB Clause 12.1(b)(iii).

6.2. The Bidder is responsible for the following:

(a) Having taken steps to carefully examine all of the Bidding

Documents;

(b) Having acknowledged all conditions, local or otherwise, affecting the

implementation of the contract;

(c) Having made an estimate of the facilities available and needed for the

contract to be bid, if any;

(d) Having complied with its responsibility to inquire or secure

Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.4.

17

(e) Ensuring that it is not “blacklisted” or barred from bidding by the GOP

or any of its agencies, offices, corporations, or LGUs, including

foreign government/foreign or international financing institution whose

blacklisting rules have been recognized by the GPPB;

(f) Ensuring that 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;

(g) Authorizing the HoPE or its duly authorized representative/s to verify

all the documents submitted;

(h) Ensuring 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 and/or to represent the Bidder in the

bidding, with the duly notarized Secretary’s Certificate attesting to

such fact, if the Bidder is a corporation, partnership, cooperative, or

joint venture;

(i) Complying with the disclosure provision under Section 47 of RA 9184

and its IRR in relation to other provisions of RA 3019;

(j) Complying with existing labor laws and standards, in the case of

procurement of services; Moreover, 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; or arbitration award, if and when

applicable.

In case there is a finding by the Procuring Entity or the DOLE

of underpayment or non-payment of workers’ wage and wage-

related benefits, 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

Republic Act No. 9184 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 and to

correct deficiencies, if any.

In case of imminent danger, injury or death of the worker,

bidder undertakes to suspend contract implementation pending

clearance to proceed from the DOLE Regional Office and to

comply with Work Stoppage Order; and

18

(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 collective bargaining agreement; or arbitration award, if and

when applicable, through posting in two (2) conspicuous places

in the establishment’s premises; and

(k) Ensuring 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.

Failure to observe any of the above responsibilities shall be at the risk of the

Bidder concerned.

6.3. The Bidder is expected to examine all instructions, forms, terms, and

specifications in the Bidding Documents.

6.4. It shall be the sole responsibility of the Bidder to determine and to satisfy itself

by such means as it considers necessary or desirable as to all matters

pertaining to the contract to be bid, including: (a) the location and the nature

of this Project; (b) climatic conditions; (c) transportation facilities; and (d)

other factors that may affect the cost, duration, and execution or

implementation of this Project.

6.5. 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. However, the Procuring Entity shall

ensure that all information in the Bidding Documents, including

bid/supplemental bid bulletin/s issued, are correct and consistent.

6.6. Before submitting their bids, the Bidder is deemed to have become familiar

with all existing laws, decrees, ordinances, acts and regulations of the

Philippines which may affect this Project in any way.

6.7. The Bidder shall bear all costs associated with the preparation and submission

of his bid, and the Procuring Entity will in no case be responsible or liable for

those costs, regardless of the conduct or outcome of the bidding process.

6.8. The Bidder should note 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 Security Council taken

under Chapter VII of the Charter of the United Nations, subject to ITB Clause 27.1.

19

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 Procuring Entity and stated

in the BDS. However, subcontracting of any portion shall not relieve the

Bidder from any liability or obligation that may arise from the contract for this

Project.

8.2. Subcontractors must submit the documentary requirements under ITB Clause

12 and comply with the eligibility criteria specified in the BDS. In the event

that any subcontractor is found by the Procuring Entity to be ineligible, the

subcontracting of such portion of the Goods shall be disallowed.

8.3. The Bidder may identify the subcontractor to whom a portion of the Goods

will be subcontracted at any stage of the bidding process or during contract

implementation. If the Bidder opts to disclose the name of the subcontractor

during bid submission, the Bidder shall include the required documents as part

of the technical component of its bid.

B. Contents of Bidding Documents

9. Pre-Bid Conference

9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue

and on the date indicated therein, to clarify and address the Bidders’ questions

on the technical and financial components of this Project.

(b) 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/bidding

documents in the PhilGEPS website. If the Procuring Entity determines that,

by reason of the method, nature, or complexity of the contract to be bid, or

when international participation will be more advantageous to the GOP, a

longer period for the preparation of bids is necessary, the pre-bid conference

shall be held at least thirty (30) calendar days before the deadline for the

submission and receipt of bids, as specified in the BDS.

9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they

fully understand the Procuring Entity’s requirements. Non-attendance of the

Bidder will in no way prejudice its bid; however, the Bidder is expected to

know the changes and/or amendments to the Bidding Documents as recorded

in the minutes of the pre-bid conference and the Supplemental/Bid Bulletin.

The minutes of the pre-bid conference shall be recorded and 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.

9.3 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.

20

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 Procuring Entity at the address indicated in the BDS 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, to 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 the

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 and the website of the Procuring Entity concerned, if available, and

at any conspicuous place in the premises of the Procuring Entity concerned. It

shall be the responsibility of all Bidders 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 informed and allowed

to modify or withdraw their bids in accordance with ITB Clause 23.

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; and shall be authenticated by the

appropriate Philippine foreign service establishment/post or the equivalent office

having jurisdiction over the foreign bidder’s affairs in the Philippines. The English

translation shall govern, for purposes of interpretation of the bid.

12. Documents Comprising the Bid: Eligibility and Technical

Components

12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the

following eligibility and technical documents:

(a) Eligibility Documents –

21

Class “A” Documents:

(i) PhilGEPS Certificate of Registration and Membership in

accordance with Section 8.5.2 of the IRR, except for foreign

bidders participating in the procurement by a Philippine

Foreign Service Office or Post, which shall submit their

eligibility documents under Section 23.1 of the IRR, provided,

that the winning bidder shall register with the PhilGEPS in

accordance with section 37.1.4 of the IRR.

(ii) 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; and

Statement of the Bidder’s SLCC similar to the contract to be

bid, in accordance with ITB Clause 5.4, within the relevant

period as provided in the BDS.

The two statements required shall indicate for each contract the

following:

(ii.1) name of the contract;

(ii.2) date of the contract;

(ii.3) contract duration;

(ii.4) owner’s name and address;

(ii.5) kinds of Goods;

(ii.6) For Statement of Ongoing Contracts - amount of

contract and value of outstanding contracts;

(ii.7) For Statement of SLCC - amount of completed

contracts, adjusted by the Bidder to current prices using

PSA’s consumer price index, if necessary for the

purpose of meeting the SLCC requirement;

(ii.8) date of delivery; and

(ii.9) end user’s acceptance or official receipt(s) or sales

invoice issued for the contract, if completed, which

shall be attached to the statements.

(iii) NFCC computation in accordance with ITB Clause 5.5 or a

committed Line of Credit from a universal or commercial bank.

Class “B” Document:

22

(iv) If applicable, the Joint Venture Agreement (JVA) in case the

joint venture is already in existence, or duly notarized

statements from all the potential joint venture partners in

accordance with Section 23.1(b) of the IRR.

(b) Technical Documents –

(i) Bid security in accordance with ITB Clause 18. If the Bidder

opts to submit the bid security in the form of:

(i.1) a bank draft/guarantee or an irrevocable letter of credit

issued by a foreign bank, it shall be accompanied by a

confirmation from a Universal or Commercial Bank; or

(i.2) a surety bond, it shall be accompanied by a certification

by the Insurance Commission that the surety or

insurance company is authorized to issue such

instruments;

(ii) Conformity with technical specifications, as enumerated and

specified in Sections VI and VII of the Bidding Documents;

and

(iii) Sworn statement in accordance with Section 25.3 of the IRR of

RA 9184 and using the form prescribed in Section VIII.

Bidding Forms.

(iv) 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.

13. Documents Comprising the Bid: Financial Component

13.1. Unless otherwise stated in the BDS, the financial component of the bid shall

contain the following:

(a) Financial Bid Form, which includes bid prices and the applicable Price

Schedules, in accordance with ITB Clauses 15.1 and 15.4;

(b) If the Bidder claims preference as a Domestic Bidder, a certification

from the DTI issued in accordance with ITB Clause 27, unless

otherwise provided in the BDS; and

(c) Any other document related to the financial component of the bid as

stated in the BDS.

13.2. (a) Unless otherwise stated in the BDS, all bids that exceed the ABC shall

not be accepted.

23

(b) Unless otherwise indicated in the BDS, for foreign-funded

procurement, a ceiling may be applied to bid prices provided the

following conditions are met:

(i) 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.

(ii) 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.

(iii) The procuring entity has trained cost estimators on estimating

prices and analyzing bid variances.

(iv) The procuring entity has established a system to monitor and

report bid prices relative to ABC and engineer’s/procuring

entity’s estimate.

(v) The procuring entity has established a monitoring and evaluation

system for contract implementation to provide a feedback on

actual total costs of goods and works.

14. Alternative Bids

14.1 Alternative Bids shall be rejected. For this purpose, alternative bid is 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 therewith for

purposes of bidding. A bid with options is 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.

14.2 Each Bidder shall submit only one Bid, either individually or as a partner in a

JV. A 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.

15. Bid Prices

15.1. The Bidder shall complete the appropriate Schedule of Prices 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.

24

15.2. The Bidder shall fill in rates and prices for all items of the Goods described in

the Schedule of Prices. Bids not addressing or providing all of the required

items in the Bidding Documents including, where applicable, Schedule of

Prices, shall be considered non-responsive and, thus, automatically

disqualified. In this regard, where a required item is provided, but no price is

indicated, the same shall be considered as non-responsive, but specifying a

zero (0) or a dash (-) for the said item would mean that it is being offered for

free to the Government, except those required by law or regulations to be

accomplished.

15.3. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and

Insurance Paid to (CIP), Delivered Duty Paid (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.

15.4. Prices indicated on the Price Schedule shall be entered separately in the

following manner:

(a) For Goods offered from within the Procuring Entity’s country:

(i) The price of the Goods quoted EXW (ex works, ex factory, ex

warehouse, ex showroom, or off-the-shelf, as applicable);

(ii) The cost of all customs duties and sales and other taxes already

paid or payable;

(iii) The cost of transportation, insurance, and other costs incidental

to delivery of the Goods to their final destination; and

(iv) The price of other (incidental) services, if any, listed in the

BDS.

(b) For Goods offered from abroad:

(i) Unless otherwise stated in the BDS, the price of the Goods

shall be quoted 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

15.5. 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

25

bid submitted with an adjustable price quotation shall be treated as non-

responsive and shall be rejected, pursuant to ITB Clause 24.

All bid prices for the given scope of work in the contract as awarded shall be

considered as fixed prices, and therefore not subject to price escalation during

contract implementation, except under extraordinary circumstances. Upon the

recommendation of the Procuring Entity, price escalation may be allowed in

extraordinary circumstances as may be determined by the National Economic

and Development Authority in accordance with the Civil Code of the

Philippines, and upon approval by the GPPB. Nevertheless, in cases where the

cost of the awarded contract is affected by any applicable new laws,

ordinances, regulations, or other acts of the GOP, promulgated after the date

of bid opening, a contract price adjustment shall be made or appropriate relief

shall be applied on a no loss-no gain basis.

16. Bid Currencies

16.1. 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 Pesos.

(b) For Goods that the Bidder will supply from outside the Philippines, the

prices may be quoted in the currency(ies) 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 as

published in the Bangko Sentral ng Pilipinas (BSP) reference rate

bulletin on the day of the bid opening.

16.2. If so allowed in accordance with ITB Clause 16.1, 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

Pesos at the foregoing exchange rates.

16.3. Unless otherwise specified in the BDS, payment of the contract price shall be

made in Philippine Pesos.

17. Bid Validity

17.1. 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.

17.2. In exceptional circumstances, prior to the expiration of the bid validity period,

the Procuring Entity may request Bidders to extend the period of validity of

their bids. The request and the responses shall be made in writing. The bid

security described in ITB Clause 18 should also be extended corresponding to

the extension of the bid validity period at the least. A Bidder may refuse the

request without forfeiting its bid security, but his bid shall no longer be

considered for further evaluation and award. A Bidder granting the request

shall not be required or permitted to modify its bid.

26

18. Bid Security

18.1. The Bidder shall submit a Bid Securing Declaration or any form of Bid

Security in the amount stated in the BDS, which shall be not less than the

percentage of the ABC in accordance with the following schedule:

Form of Bid Security

Amount of Bid Security

(Not Less than the Percentage of the

ABC)

(a) Cash or cashier’s/manager’s

check issued by a Universal or

Commercial Bank.

For biddings conducted by

LGUs, the Cashier’s/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 letter of credit issued

by a Universal or Commercial

Bank: Provided, however, that it

shall be confirmed or

authenticated by a Universal or

Commercial 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



(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%)

The Bid Securing Declaration mentioned above is an undertaking which

states, among others, that the Bidder shall enter into contract with the

procuring entity and furnish the performance security required under ITB

Clause 33.2, within ten (10) calendar days from receipt of the Notice of

Award, and commits to pay the corresponding amount as fine, and be

suspended for a period of time from being qualified to participate in any

27

government procurement activity in the event it violates any of the conditions

stated therein as provided in the guidelines issued by the GPPB.

18.2. The bid security should be valid for the period specified in the BDS. Any bid

not accompanied by an acceptable bid security shall be rejected by the

Procuring Entity as non-responsive.

18.3. No bid securities shall be returned to Bidders after the opening of bids and

before contract signing, except to those that failed or declared as post-

disqualified, upon submission of a written waiver of their right to file a request

for reconsideration and/or protest, or upon the lapse of the reglementary period

to file a request for reconsideration or protest. Without prejudice on its

forfeiture, bid securities shall be returned only after the Bidder with the

Lowest Calculated Responsive Bid (LCRB) has signed the contract and

furnished the performance security, but in no case later than the expiration of

the bid security validity period indicated in ITB Clause 18.2.

18.4. Upon signing and execution of the contract pursuant to ITB Clause 32, and the

posting of the performance security pursuant to ITB Clause 33, the successful

Bidder’s bid security will be discharged, but in no case later than the bid

security validity period as indicated in the ITB Clause 18.2.

18.5. The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified in

ITB Clause 17;

(ii) does not accept the correction of errors pursuant to ITB Clause

28.3(b);

(iii) has a finding against the veracity of any of the documents

submitted as stated in ITB Clause 29.2;

(iv) submission of eligibility requirements containing false

information or falsified documents;

(v) submission of bids that contain false information or falsified

documents, or the concealment of such information in the bids

in order to influence the outcome of eligibility screening or any

other stage of the public bidding;

(vi) allowing the use of one’s name, or using the name of another

for purposes of public bidding;

(vii) withdrawal of a bid, or refusal to accept an award, or enter into

contract with the Government without justifiable cause, after

the Bidder had been adjudged as having submitted the LCRB;

(viii) refusal or failure to post the required performance security

within the prescribed time;

28

(ix) refusal 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) any documented attempt by a Bidder to unduly influence the

outcome of the bidding in his favor;

(xi) failure of the potential joint venture partners to enter into the

joint venture after the bid is declared successful; or

(xii) all other acts that tend to defeat the purpose of the competitive

bidding, such as 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 the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause 32; or

(ii) fails to furnish performance security in accordance with ITB

Clause 33.

19. Format and Signing of Bids

19.1. Bidders shall submit their bids through their duly authorized representative

using the appropriate forms provided in Section VIII. Bidding Forms on or

before the deadline specified in the ITB Clauses 21 in two (2) separate sealed

bid envelopes, and which shall be submitted simultaneously. The first shall

contain the technical component of the bid, including the eligibility

requirements under ITB Clause 12.1, 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.

19.2. Forms as mentioned in ITB Clause 19.1 must be completed without any

alterations to their format, and no substitute form shall be accepted. All blank

spaces shall be filled in with the information requested.

19.3. The Bidder shall prepare and submit an original of the first and second

envelopes as described in ITB Clauses 12 and 13. In addition, the Bidder shall

submit copies of the first and second envelopes. In the event of any

discrepancy between the original and the copies, the original shall prevail.

19.4. Each and every page of the Bid Form, including the Schedule of Prices, 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.

19.5. Any interlineations, erasures, or overwriting shall be valid only if they are

signed or initialed by the duly authorized representative/s of the Bidder.

29

20. Sealing and Marking of Bids

20.1. Bidders shall enclose their original eligibility and technical documents

described in ITB Clause 12 in one sealed envelope marked “ORIGINAL -

TECHNICAL COMPONENT”, and the original of their financial component

in another sealed envelope marked “ORIGINAL - FINANCIAL

COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL

BID”.

20.2. Each copy of the first and second envelopes shall be similarly sealed duly

marking the inner envelopes as “COPY NO. ___ - TECHNICAL

COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and

the outer envelope as “COPY NO. ___”, respectively. These envelopes

containing the original and the copies shall then be enclosed in one single

envelope.

20.3. The original and the number of copies of the Bid as indicated in the BDS shall

be typed or written in ink and shall be signed by the Bidder or its duly

authorized representative/s.

20.4. 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 1.2; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for

the opening of bids, in accordance with ITB Clause 21.

20.5. Bid envelopes that are not properly sealed and marked, as required in the

bidding documents, shall not be rejected, but the Bidder or its duly authorized

representative shall acknowledge such condition of the bid as submitted. The

BAC or the Procuring Entity shall assume no responsibility for the

misplacement of the contents of the improperly sealed or marked bid, or for its

premature opening.

D. Submission and Opening of Bids

21. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or before

the date and time indicated in the BDS.

30

22. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by

the Procuring Entity, pursuant to ITB Clause 21, shall be declared “Late” and shall

not be accepted by the Procuring Entity. The BAC shall record in the minutes of bid

submission and opening, the Bidder’s name, its representative and the time the late

bid was submitted.

23. Modification and Withdrawal of Bids

23.1. The Bidder may modify its bid after it has been submitted; provided that the

modification is received by the Procuring Entity prior to the deadline

prescribed for submission and receipt of bids. The Bidder shall not be allowed

to retrieve its original bid, but shall be allowed to submit another bid equally

sealed and properly identified in accordance with ITB Clause 20, linked to its

original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL

MODIFICATION” 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.

23.2 A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has

been submitted, for valid and justifiable reason; provided that the Letter of

Withdrawal is received by the Procuring Entity prior to the deadline

prescribed for submission and receipt of bids. The Letter of Withdrawal must

be executed by the duly authorized representative of the Bidder identified in

the Omnibus Sworn Statement, a copy of which should be attached to the

letter.

23.3. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be

returned unopened to the Bidders. A Bidder, who has acquired the bidding

documents, may also express its intention not to participate in the bidding

through a letter which should reach and be stamped by the BAC before the

deadline for submission and receipt of bids. A Bidder that withdraws its bid

shall not be permitted to submit another bid, directly or indirectly, for the

same contract.

23.4. No bid may be modified after the deadline for submission of bids. No bid may

be withdrawn in the interval between the deadline for submission of bids and

the expiration of the period of bid validity specified by the Bidder on the

Financial Bid Form. Withdrawal of a bid during this interval shall result in the

forfeiture of the Bidder’s bid security, pursuant to ITB Clause 18.5, and the

imposition of administrative, civil and criminal sanctions as prescribed by RA

9184 and its IRR.

31

24. Opening and Preliminary Examination of Bids

24.1. The BAC shall open the bids in public, immediately after the deadline for the

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 Bids submitted 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 in the PhilGEPS website and the website of the

Procuring Entity concerned.

24.2. Unless otherwise specified in the BDS, the BAC shall open the first bid

envelopes and determine each Bidder’s compliance with the documents

prescribed in ITB Clause 12, using a non-discretionary “pass/fail” criterion. If

a Bidder submits the required document, it shall be rated “passed” for that

particular requirement. In this regard, bids that fail to include any requirement

or are incomplete or patently insufficient shall be considered as “failed”.

Otherwise, the BAC shall rate the said first bid envelope as “passed”.

24.3. Unless otherwise specified in the BDS, immediately after determining

compliance with the requirements in the first envelope, the BAC shall

forthwith open the second bid envelope of each remaining eligible bidder

whose first bid envelope was rated “passed”. The second envelope of each

complying bidder shall be opened within the same day. In case one or more of

the requirements in the second envelope of a particular bid is missing,

incomplete or patently insufficient, and/or if the submitted total bid price

exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC

shall rate the bid concerned as “failed”. Only bids that are determined to

contain all the bid requirements for both components shall be rated “passed”

and shall immediately be considered for evaluation and comparison.

24.4. Letters of Withdrawal shall be read out and recorded during bid opening, and

the envelope containing the corresponding withdrawn bid shall be returned to

the Bidder unopened.

24.5. All members of the BAC who are present during bid opening shall initial

every page of the original copies of all bids received and opened.

24.6. In the case of an eligible foreign bidder as described in ITB Clause 5, the

following Class “A” Documents may be substituted with the appropriate

equivalent documents, if any, issued by the country of the foreign Bidder

concerned, which shall likewise be uploaded and maintained in the PhilGEPS

in accordance with Section 8.5.2 of the IRR:

(a) Registration certificate from the Securities and Exchange Commission

(SEC), Department of Trade and Industry (DTI) for sole proprietorship, or

CDA for cooperatives;

(b) Mayor’s/Business permit issued by the local government where the

principal place of business of the bidder is located; and

32

(c) Audited Financial Statements showing, among others, the prospective

bidder’s total and current assets and liabilities stamped “received” by the

Bureau of Internal Revenue or its duly accredited and authorized

institutions, for the preceding calendar year which should not be earlier

than two years from the date of bid submission.

24.7. Each partner of a joint venture agreement shall likewise submit the

requirements in ITB Clause 12.1(a)(i). Submission of documents required

under ITB Clauses 12.1(a)(ii) to 12.1(a)(iii) by any of the joint venture

partners constitutes compliance.

24.8. 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.

24.8 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 cost of materials.

24.9 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 notice shall be issued within seven (7) calendar days from the date of the

bid opening.

E. Evaluation and Comparison of Bids

25. Process to be Confidential

25.1. Members of the BAC, including its staff and personnel, as well as its

Secretariat and TWG, are prohibited from making or accepting any kind of

communication with any bidder regarding the evaluation of their bids until the

issuance of the Notice of Award, unless otherwise allowed in the case of ITB

Clause 26.

25.2. Any effort by a bidder to influence the Procuring Entity in the Procuring

Entity’s decision in respect of bid evaluation, bid comparison or contract

award will result in the rejection of the Bidder’s bid.

26. 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

33

by a Bidder in respect to its bid and that is not in response to a request by the

Procuring Entity shall not be considered.

27. Domestic Preference

27.1. Unless otherwise stated in the BDS, the Procuring Entity will grant a margin

of preference for the purpose of comparison of bids in accordance with the

following:

(a) The preference shall be applied when the lowest Foreign Bid is lower

than the lowest bid offered by a Domestic Bidder.

(b) For evaluation purposes, the lowest Foreign Bid shall be increased by

fifteen percent (15%).

(c) In the event that the lowest bid offered by a Domestic Bidder does not

exceed the lowest Foreign Bid as increased, then the Procuring Entity

shall award the contract to the Domestic Bidder at the amount of the

lowest Foreign Bid.

(d) If the Domestic Bidder refuses to accept the award of contract at the

amount of the Foreign Bid within two (2) calendar days from receipt of

written advice from the BAC, the Procuring Entity shall award to the

bidder offering the Foreign Bid, subject to post-qualification and

submission of all the documentary requirements under these Bidding

Documents.

27.2. A Bidder may be granted preference as a Domestic Bidder subject to the

certification from the DTI that the Bidder is offering unmanufactured articles,

materials or supplies of the growth or production of the Philippines, or

manufactured articles, materials, or supplies manufactured or to be

manufactured in the Philippines substantially from articles, materials, or

supplies of the growth, production, or manufacture, as the case may be, of the

Philippines.

28. Detailed Evaluation and Comparison of Bids

28.1. The Procuring Entity will undertake the detailed evaluation and comparison of

bids which have passed the opening and preliminary examination of bids,

pursuant to ITB Clause 24, in order to determine the Lowest Calculated Bid.

28.2. The Lowest Calculated Bid shall be determined in two steps:

(a) The detailed evaluation of the financial component of the bids, to

establish the correct calculated prices of the bids; and

(b) The ranking of the total bid prices as so calculated from the lowest to

the highest. The bid with the lowest price shall be identified as the

Lowest Calculated Bid.

34

28.3. The Procuring Entity’s BAC shall immediately conduct a detailed evaluation

of all bids rated “passed,” using non-discretionary pass/fail criteria. The BAC

shall consider the following in the evaluation of bids:

(a) Completeness of the bid. Unless the BDS allows partial bids, bids not

addressing or providing all of the required items in the Schedule of

Requirements including, where applicable, Schedule of Prices, shall be

considered non-responsive and, thus, automatically disqualified. In this

regard, where a required item is provided, but no price is indicated, the

same shall be considered as non-responsive, but specifying a zero (0)

or a dash (-) for the said item would mean that it is being offered for

free to the Procuring Entity, except those required by law or

regulations to be provided for; and

(b) Arithmetical corrections. Consider computational errors and omissions

to enable proper comparison of all eligible bids. It may also consider

bid modifications. Any adjustment shall be calculated in monetary

terms to determine the calculated prices.

28.4. 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 Lowest Calculated Bid.

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.

28.5. The Procuring Entity’s evaluation of bids shall be based on the bid price

quoted in the Bid Form, which includes the Schedule of Prices.

28.6. Bids shall be evaluated on an equal footing to ensure fair competition. 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 which shall be 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.

28.7. If so indicated pursuant to ITB Clause 1.2, Bids are being invited 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 18

shall be submitted for each contract (lot) separately. The basis for evaluation

of lots is specified in BDS Clause 28.3.

29. Post-Qualification

29.1. The BAC shall determine to its satisfaction whether the Bidder that is

evaluated as having submitted the Lowest Calculated Bid complies with and is

35

responsive to all the requirements and conditions specified in ITB Clauses 5,

12, and 13.

29.2. Within a non-extendible period of five (5) calendar days from receipt by the

bidder of the notice from the BAC that it submitted the Lowest Calculated

Bid, the Bidder shall submit its latest income and business tax returns filed and

paid through the BIR Electronic Filing and Payment System (eFPS) and other

appropriate licenses and permits required by law and stated in the BDS.

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

finding against the veracity thereof, shall disqualify the bidder for award.

Provided in the event that a finding against the veracity of any of the

documents submitted is made, it shall cause the forfeiture of the bid security in

accordance with Section 69 of the IRR of RA 9184.

29.3. The determination shall be based upon an examination of the documentary

evidence of the Bidder’s qualifications submitted pursuant to ITB Clauses 12

and 13, 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.

29.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes

all the criteria for post-qualification, it shall declare the said bid as the LCRB,

and recommend to the HoPE the award of contract to the said Bidder at its

submitted price or its calculated bid price, whichever is lower.

29.5. A negative determination shall result in rejection of the Bidder’s Bid, in which

event the Procuring Entity shall proceed to the next Lowest Calculated Bid

with a fresh period to make a similar determination of that Bidder’s

capabilities to perform satisfactorily. If the second Bidder, however, fails the

post qualification, the procedure for post qualification shall be repeated for the

Bidder with the next Lowest Calculated Bid, and so on until the LCRB is

determined for recommendation for contract award.

29.6. Within a period not exceeding fifteen (15) calendar days from the

determination by the BAC of the LCRB and the recommendation to award the

contract, the HoPE or his duly authorized representative shall approve or

disapprove the said recommendation.

29.7. In the event of disapproval, which shall be based on valid, reasonable, and

justifiable grounds as provided for under Section 41 of the IRR of RA 9184,

the HoPE shall notify the BAC and the Bidder in writing of such decision and

the grounds for it. When applicable, the BAC shall conduct a post-

qualification of the Bidder with the next Lowest Calculated Bid. A request for

reconsideration may be filed by the bidder with the HoPE in accordance with

Section 37.1.3 of the IRR of RA 9184.

30. Reservation Clause

30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring

Entity concerned reserves the right to review its qualifications at any stage of

36

the procurement process 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. 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 affect

its capability to undertake the project so that it fails the preset eligibility or bid

evaluation criteria, the Procuring Entity shall consider the said Bidder as

ineligible and shall disqualify it from submitting a bid or from obtaining an

award or contract.

30.2. Based on 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;

(b) If the Procuring Entity’s BAC is found to have failed in following the

prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the award of the

contract will not redound to the benefit of the GOP as follows:

(i) If 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) If the project is no longer necessary as determined by the

HoPE; and

(iii) If the source of funds for the project has been withheld or

reduced through no fault of the Procuring Entity.

30.3. In addition, the Procuring Entity may likewise declare a failure of bidding

when:

(a) No bids are received;

(b) All prospective Bidders are declared ineligible;

(c) All bids fail to comply with all the bid requirements or fail post-

qualification; or

37

(d) The bidder with the LCRB refuses, without justifiable cause to accept

the award of contract, and no award is made in accordance with

Section 40 of the IRR of RA 9184.

F. Award of Contract

31. Contract Award

31.1. Subject to ITB Clause 29, the HoPE or its duly authorized representative shall

award the contract to the Bidder whose bid has been determined to be the

LCRB.

31.2. 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 and

submitted personally or sent by registered mail or electronically to the

Procuring Entity.

31.3. Notwithstanding the issuance of the Notice of Award, award of contract shall

be subject to the following conditions:

(a) Submission of the following documents within ten (10) calendar days

from receipt of the Notice of Award:

(i) Valid JVA, if applicable; or

(ii) In the case of procurement by a Philippine Foreign Service

Office or Post, the PhilGEPS Registration Number of the

winning foreign Bidder;

(b) Posting of the performance security in accordance with ITB Clause 33;

(c) Signing of the contract as provided in ITB Clause 32; and

(d) Approval by higher authority, if required, as provided in Section 37.3

of the IRR of RA 9184.

31.4. 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.

32. Signing of the Contract

32.1. At the same time as the Procuring Entity notifies the successful Bidder that its

bid has been accepted, the Procuring Entity shall send the Contract Form to

the Bidder, which contract has been provided in the Bidding Documents,

incorporating therein all agreements between the parties.

38

32.2. Within ten (10) calendar days from receipt of the Notice of Award, the

successful Bidder shall post the required performance security, sign and date

the contract and return it to the Procuring Entity.

32.3. The Procuring Entity shall enter into contract with the successful Bidder

within the same ten (10) calendar day period provided that all the documentary

requirements are complied with.

32.4. 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.

33. Performance Security

33.1. To guarantee the faithful performance by the winning Bidder of its obligations

under the contract, it shall post a performance security within a maximum

period of ten (10) calendar days from the receipt of the Notice of Award from

the Procuring Entity and in no case later than the signing of the contract.

33.2. The Performance Security shall be denominated in Philippine Pesos and

posted in favor of the Procuring Entity in an amount not less than the

percentage of the total contract price in accordance with the following

schedule:

Form of Performance Security

Amount of Performance Security

(Not less than the Percentage of the

Total Contract Price)

(a) Cash or cashier’s/manager’s

check issued by a Universal or

Commercial Bank.

For biddings conducted by the

LGUs, the Cashier’s/Manager’s

Check may be issued by other




Five percent (5%)

39

(b) Bank draft/guarantee or

irrevocable letter of credit

issued by a Universal or

Commercial Bank: Provided,

however, that it shall be

confirmed or authenticated by a

Universal or Commercial Bank,

if issued by a foreign bank.

For biddings conducted by the

LGUs, the Bank Draft/

Guarantee or Irrevocable Letter

of Credit may be issued by other




(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.

Thirty percent (30%)

33.3. Failure of the successful Bidder to comply with the above-mentioned

requirement shall constitute sufficient ground for the annulment of the award

and forfeiture of the bid security, in which event the Procuring Entity shall

have a fresh period to initiate and complete the post qualification of the second

Lowest Calculated Bid. The procedure shall be repeated until the LCRB is

identified and selected for recommendation of contract award. However if no

Bidder passed post-qualification, the BAC shall declare the bidding a failure

and conduct a re-bidding with re-advertisement, if necessary.

34. Notice to Proceed

Within seven (7) calendar days from the date of approval of the contract by the

appropriate government approving authority, the Procuring Entity shall issue the

Notice to Proceed (NTP) together with a copy or copies of the approved contract to

the successful Bidder. All notices called for by the terms of the contract shall be

effective only at the time of receipt thereof by the successful Bidder.

35. Protest Mechanism

Decisions of the procuring entity at any stage of the procurement process may be

questioned in accordance with Section 55 of the IRR of RA 9184.

40

Section III. Bid Data Sheet

Notes on the Bid Data Sheet

Section III is intended to assist the Procuring Entity in providing the specific information

in relation to corresponding clauses in the ITB included in Section II, and has to be

prepared for each specific procurement.

The Procuring Entity should specify in the BDS information and requirements specific to

the circumstances of the Procuring Entity, the processing of the procurement, the

applicable rules regarding bid price and currency, and the bid evaluation criteria that will

apply to the bids. In preparing Section III, the following aspects should be checked:

(a) Information that specifies and complements provisions of Section II must be

incorporated.

(b) Amendments and/or supplements, if any, to provisions of Section II as necessitated

by the circumstances of the specific procurement, must also be incorporated.

For foreign-assisted projects, the Bid Data Sheet to be used is provided in Section IX-

Foreign-Assisted Projects.

41

Bid Data Sheet ITB Clause

1.1 The Procuring Entity is Philippine Overseas Employment

Administration (POEA).

1.2 The name of the Contract is “Subscription of Unified Threat

Management (UTM) Solution for CY 2020”

The identification number of the Contract is ITB 02-2020.

The lot and reference is:


2 The Funding Source is:

The Government of the Philippines (GOP) through GAA in the amount of

One Million One Hundred Eighty-Nine Thousand Twenty Pesos Only

(₱1,189,020.00), inclusive of all taxes, fees and others/miscellaneous

expenses

The Name of the Project is: “Subscription of Unified Threat Management

(UTM) Solution for CY 2020”

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 must have completed, at least two (2) similar contracts, the

aggregate amount of which should at least be equivalent to the ABC for

each Contract with one completed contract whose value must be at least

fifty prevent (50%) of the ABC.

No further instructions.

7 No further instructions.

8.1 Subcontracting is not allowed.

8.2 “Not applicable”

9.1 The Procuring Entity will hold a pre-bid conference for this Project on 08

July 2020, 2:00PM at the Conference Room, 6th

Floor, Bids and Awards

Committee Office, BFO Bldg., Ortigas Avenue corner Edsa, Mandaluyong

City

10.1 The Procuring Entity’s address is:

42

6th

Floor Bids and Awards Committee


Contact Details:

Ms. Rosalie T. Sajo

BAC Secretariat Head

Mr. Jose Marie O. Canlapan

BAC Secretariat

Ms. Mary Khristine G. Fragata

BAC Secretaria

Tel. No. 8722-1195

E-mail Address: [email protected]

12.1(a) No further instructions.

12.1(a)(ii) The bidder’s SLCC similar to the contract to be bid should have been

completed within three (3) years prior to the deadline for the submission

and receipt of bids.

13.1 “No additional requirements.”

13.1(b) No further instructions.

13.1(c) “No additional requirements.”

13.2 The ABC is One Million One Hundred Eighty-Nine Thousand Twenty

Pesos Only (₱1,189,020.00). Any bid with a financial component

exceeding this amount shall not be accepted.

15.4(a)(iv) “No incidental services are required.”

15.4(b) “Not applicable”

16.1(b) The Bid prices for Goods supplied from outside of the Philippines shall be

quoted in Philippine Pesos.

16.3 “Not applicable”

17.1 Bids will be valid for one hundred twenty (120) calendar days from the

opening of bids.

18.1 The bid security shall be in the form of a Bid Securing Declaration, or any

of the following forms and amounts:

1. The amount of not less than [ 2% of ABC], if bid security is in cash,

cashier’s/manager’s check, bank draft/guarantee or irrevocable letter of

credit; or ₱23,780.40

2. The amount of not less than [ 5% of ABC] if bid security is in Surety

43

Bond; or ₱59,451.00

18.2 Bids will be valid for one hundred twenty (120) calendar days from the

opening of bids.

20.3 Each Bidder shall submit 1 original and 2 copies of the first and second

components of its bid.

21 The address for submission of bids is:

Philippine Overseas Employment Administration (POEA)

6th

Floor Bids and Awards Committee (BAC) Office

The deadline for submission of bids is on or before 20 July 2020, 2:00PM .

24.1 The place of bid opening is:

Philippine Overseas Employment Administration Central Office

6th Floor, Conference Room of Bids and Awards Committee Office, POEA


The date and time of bid opening is:

20 July 2020 (Monday) on or before 2:00 P.M.




28.3 (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.


29.2 No additional requirement.

32.4(f) No additional requirement.

44

Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The GCC in Section IV, read in conjunction with the SCC in Section V and other

documents listed therein, should be a complete document expressing all the rights and

obligations of the parties.

The GCC herein shall not be altered. Any changes and complementary information, which

may be needed, shall be introduced only through the SCC in Section V.

45

TABLE OF CONTENTS

1. DEFINITIONS .............................................................................................. 47

2. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE

PRACTICES ................................................................................................. 48

3. INSPECTION AND AUDIT BY THE FUNDING SOURCE ................................. 49

4. GOVERNING LAW AND LANGUAGE ........................................................... 49

5. NOTICES ..................................................................................................... 49

6. SCOPE OF CONTRACT ................................................................................ 50

7. SUBCONTRACTING ..................................................................................... 50

8. PROCURING ENTITY’S RESPONSIBILITIES ................................................ 50

9. PRICES ....................................................................................................... 50

10. PAYMENT ................................................................................................... 51

11. ADVANCE PAYMENT AND TERMS OF PAYMENT ....................................... 51

12. TAXES AND DUTIES .................................................................................... 52

13. PERFORMANCE SECURITY ........................................................................ 52

14. USE OF CONTRACT DOCUMENTS AND INFORMATION .............................. 53

15. STANDARDS ................................................................................................ 53

16. INSPECTION AND TESTS ............................................................................. 53

17. WARRANTY ................................................................................................ 54

18. DELAYS IN THE SUPPLIER’S PERFORMANCE ............................................ 55

19. LIQUIDATED DAMAGES ............................................................................. 55

20. SETTLEMENT OF DISPUTES ....................................................................... 55

21. LIABILITY OF THE SUPPLIER ..................................................................... 56

22. FORCE MAJEURE ....................................................................................... 56

23. TERMINATION FOR DEFAULT .................................................................... 56

24. TERMINATION FOR INSOLVENCY .............................................................. 57

25. TERMINATION FOR CONVENIENCE ........................................................... 57

26. TERMINATION FOR UNLAWFUL ACTS ...................................................... 58

27. PROCEDURES FOR TERMINATION OF CONTRACTS ................................... 58

28. ASSIGNMENT OF RIGHTS ........................................................................... 59

46

29. CONTRACT AMENDMENT .......................................................................... 60

30. APPLICATION ............................................................................................. 60

47

1. Definitions

1.1. In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the

Procuring Entity and the Supplier, as recorded in the Contract Form

signed by the parties, including all attachments and appendices thereto

and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under the

Contract for the full and proper performance of its contractual

obligations.

(c) “The Goods” means all of the supplies, equipment, machinery, spare

parts, other materials and/or general support services which the

Supplier is required to provide to the Procuring Entity under the

Contract.

(d) “The Services” means those services ancillary to the supply of the

Goods, such as transportation and insurance, and any other incidental

services, such as installation, commissioning, provision of technical

assistance, training, and other such obligations of the Supplier covered

under the Contract.

(e) “GCC” means the General Conditions of Contract contained in this

Section.

(f) “SCC” means the Special Conditions of Contract.

(g) “The Procuring Entity” means the organization purchasing the Goods,

as named in the SCC.

(h) “The Procuring Entity’s country” is the Philippines.

(i) “The Supplier” means the individual contractor, manufacturer

distributor, or firm supplying/manufacturing the Goods and Services

under this Contract and named in the SCC.

(j) The “Funding Source” means the organization named in the SCC.

(k) “The Project Site,” where applicable, means the place or places named

in the SCC.

(l) “Day” means calendar day.

(m) The “Effective Date” of the contract will be the date of signing the

contract, however the Supplier shall commence performance of its

obligations only upon receipt of the Notice to Proceed and copy of the

approved contract.

48

(n) “Verified Report” refers to the report submitted by the Implementing

Unit to the HoPE setting forth its findings as to the existence of

grounds or causes for termination and explicitly stating its

recommendation for the issuance of a Notice to Terminate.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1. 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. In pursuance of this

policy, the Procuring Entity:

(a) defines, for the purposes of this provision, the terms set forth below as

follows:

(i) "corrupt practice" means behavior on the part of officials in the

public or private sectors by which they improperly and

unlawfully enrich themselves, others, or induce others to do so,

by misusing the position in which they are placed, and it

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 Republic Act 3019.

(ii) "fraudulent practice" means a misrepresentation of facts in

order to influence a procurement process or the execution of a

contract to the detriment of the Procuring Entity, and 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

(aa) deliberately destroying, falsifying, altering or

concealing of evidence material to an administrative

proceedings or investigation or making false statements

to investigators in order to materially impede an

49

administrative proceedings or investigation of the

Procuring Entity or any foreign government/foreign or

international financing institution into allegations of a

corrupt, fraudulent, coercive or collusive practice;

and/or threatening, harassing or intimidating any party

to prevent it from disclosing its knowledge of matters

relevant to the administrative proceedings or

investigation or from pursuing such proceedings or

investigation; or

(bb) 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) will reject a proposal for award if it determines that the Bidder

recommended for award has engaged in any of the practices mentioned

in this Clause for purposes of competing for the contract.

2.2. Further the Funding Source, Borrower or Procuring Entity, 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 GCC Clause 2.1(a).

3. Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Supplier’s accounts and

records relating to the performance of the Supplier and to have them audited by

auditors appointed by the Funding Source, if so required by the Funding Source.

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, telex, telegram, or facsimile to such Party at the address specified in the

50

SCC, which shall be effective when delivered and duly received or on the

notice’s effective date, whichever is later.

5.2. A Party may change its address for notice hereunder by giving the other Party

notice of such change pursuant to the provisions listed in the SCC for GCC

Clause 5.1.

6. Scope of Contract

6.1. The Goods and Related Services 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. Subcontracting of any portion of the Goods, if allowed in the BDS, does not

relieve the Supplier of any liability or obligation under this Contract. The

Supplier will be responsible for the acts, defaults, and negligence of any

subcontractor, its agents, servants or workmen as fully as if these were the

Supplier’s own acts, defaults, or negligence, or those of its agents, servants or

workmen.

7.2. If subcontracting is allowed, the Supplier may identify its subcontractor during

contract implementation. Subcontractors disclosed and identified during the

bidding may be changed during the implementation of this Contract. In either

case, subcontractors must submit the documentary requirements under ITB

Clause 12 and comply with the eligibility criteria specified in the BDS. In the

event that any subcontractor is found by the Procuring Entity to be ineligible,

the subcontracting of such portion of the Goods shall be disallowed.

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 shall, if so needed by the Supplier,

make its best effort to 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 GCC Clause 6.

9. Prices

9.1. For the given scope of work in this Contract as awarded, all bid prices are

considered fixed prices, and therefore not subject to price escalation during

contract implementation, except under extraordinary circumstances and upon

51

prior approval of the GPPB in accordance with Section 61 of R.A. 9184 and

its IRR or except as provided in this Clause.

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, with the exception of any change in price resulting from a Change Order

issued in accordance with GCC Clause 29.

10. Payment

10.1. Payments shall be made only upon a certification by the HoPE to the effect

that the Goods have been rendered or 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 this Contract.

Ten percent (10%) of the amount of each payment shall be retained by the

Procuring Entity to cover the Supplier’s warranty obligations under this

Contract as described in GCC Clause 17.

10.2. 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 performed, and by documents submitted pursuant to

the SCC provision for GCC Clause 6.2, and upon fulfillment of other

obligations stipulated in this Contract.

10.3. Pursuant to GCC Clause 10.2, payments shall be made promptly by the

Procuring Entity, but in no case later than sixty (60) days after submission of

an invoice or claim by the Supplier. Payments shall be in accordance with the

schedule stated in the SCC.

10.4. Unless otherwise provided in the SCC, the currency in which payment is

made to the Supplier under this Contract shall be in Philippine Pesos.

10.5. Unless otherwise provided in the SCC, payments using Letter of Credit (LC),

in accordance with the Guidelines issued by the GPPB, is allowed. For this

purpose, the amount of provisional sum is indicated in the SCC. All charges

for the opening of the LC and/or incidental expenses thereto shall be for the

account of the Supplier.

11. Advance Payment and Terms of Payment

11.1. Advance payment shall be made only after prior approval of the President, and

shall not exceed fifteen percent (15%) of the Contract amount, unless

otherwise directed by the President or in cases allowed under Annex “D” of

RA 9184.

11.2. All progress payments shall first be charged against the advance payment until

the latter has been fully exhausted.

11.3. For Goods supplied from abroad, unless otherwise indicated in the SCC, the

terms of payment shall be as follows:

52

(a) On Contract Signature: 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. Bidding Forms.

(b) On 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) On 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.

12. Taxes and Duties

The Supplier, whether local or foreign, shall be entirely responsible for all the

necessary taxes, stamp duties, license 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 Clause 33.2.

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;

53

(b) The Supplier has no pending claims for labor and materials filed

against it; and

(c) Other terms specified in the SCC.

13.5. In case of a reduction of the contract value, the Procuring Entity shall allow a

proportional reduction in the original performance security, 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, except for purposes of performing the obligations in

this Contract, without the Procuring Entity’s prior written consent, disclose

this Contract, or any provision thereof, or any specification, plan, drawing,

pattern, sample, or information furnished by or on behalf of the Procuring

Entity. 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. Any document, other than this Contract itself, enumerated in GCC Clause

14.1 shall remain the property of the Procuring Entity and shall be returned

(all copies) to the Procuring Entity on 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; and, when no applicable standard is

mentioned, to the authoritative standards appropriate to the Goods’ country of origin.

Such standards shall be the latest issued by the institution concerned.

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. 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 charge

to the Procuring Entity. The Supplier shall provide the Procuring Entity with

results of such inspections and tests.

54

16.3. The Procuring Entity or its designated representative shall be entitled 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 may reject any Goods or any part thereof that fail to pass

any test and/or inspection or do not conform to the specifications. The

Supplier 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, and shall repeat the test and/or inspection, at no cost to the

Procuring Entity, upon giving a notice pursuant to GCC Clause 5.

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, 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 that they incorporate 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. In order to assure that manufacturing defects shall be corrected by the

Supplier, a warranty shall be required from the Supplier for a minimum period

specified in the SCC. The obligation for the warranty shall be covered by, at

the Supplier’s option, either retention money in an amount equivalent to at

least one percent (1%) of every progress payment, or a special bank guarantee

equivalent to at least one percent (1%) of the total Contract Price or other such

amount if so specified in the SCC. The said amounts shall only be released

after the lapse of the warranty period specified in the SCC; 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.

17.4. The Procuring Entity shall promptly notify the Supplier in writing of any

claims arising under this warranty. Upon receipt of such notice, the Supplier

shall, within the period specified in the SCC and with all reasonable speed,

repair or replace the defective Goods or parts thereof, without cost to the

Procuring Entity.

17.5. If the Supplier, having been notified, fails to remedy the defect(s) within the

period specified in GCC Clause 17.4, 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

55

may have against the Supplier under the Contract and under the applicable

law.

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 or its

Subcontractor(s) should encounter conditions impeding 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 22, the Procuring Entity shall

evaluate the situation and may 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 22, a delay by the Supplier in the

performance of its obligations shall render the Supplier liable to the imposition

of liquidated damages pursuant to GCC Clause 19, unless an extension of

time is agreed upon pursuant to GCC Clause 29 without the application of

liquidated damages.

19. Liquidated Damages

Subject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or

all of the Goods and/or to perform the Services within the period(s) specified in this

Contract inclusive of duly granted time extensions if any, the Procuring Entity shall,

without prejudice to its other remedies under this Contract and under the applicable

law, deduct from the Contract Price, as liquidated damages, the applicable rate of one

tenth (1/10) of one (1) percent of the cost of the unperformed portion for every day of

delay until actual delivery or performance. The maximum deduction shall be ten

percent (10%) of the amount of contract. Once the maximum is reached, the

Procuring Entity may rescind or terminate the Contract pursuant to GCC Clause 23,

without prejudice to other courses of action and remedies open to it.

20. Settlement of Disputes

20.1. If any dispute or difference of any kind whatsoever shall arise between the

Procuring Entity and the Supplier in connection with or arising out of this

Contract, the parties shall make every effort to resolve amicably such dispute

or difference by mutual consultation.

20.2. If after thirty (30) days, the parties have failed to resolve their dispute or

difference by such mutual consultation, then either the Procuring Entity or the

Supplier may give notice to the other party of its intention to commence

arbitration, 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.

56

20.3. 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.

20.4. In the case of a dispute between the Procuring Entity and the Supplier, the

dispute shall be resolved in accordance with Republic Act 9285 (“R.A.

9285”), otherwise known as the “Alternative Dispute Resolution Act of 2004.”

20.5. Notwithstanding any reference to arbitration herein, the parties shall continue

to perform their respective obligations under the Contract unless they

otherwise agree; and the Procuring Entity shall pay the Supplier any monies

due the Supplier.

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 repairing or

replacing defective equipment.

22. Force Majeure

22.1. The Supplier shall not be liable for forfeiture of its performance security,

liquidated damages, or termination for default if and to the extent that the

Supplier’s delay in performance or other failure to perform its obligations

under the Contract is the result of a force majeure.

22.2. 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 an event which the Supplier could not

have foreseen, or which though foreseen, was inevitable. It shall not include

ordinary unfavorable weather conditions; and any other cause the effects 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.

22.3. 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 in writing, the Supplier shall

continue to perform its obligations under the Contract as far as is reasonably

practical, and shall seek all reasonable alternative means for performance not

prevented by the force majeure.

23. Termination for Default

57

23.1. The Procuring Entity shall terminate this Contract for default when any of the

following conditions attends its implementation:

(a) Outside of force majeure, 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 contact price;

(b) 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 after receipt of the notice from the Procuring Entity

stating that the circumstance of force majeure is deemed to have

ceased; or

(c) The Supplier fails to perform any other obligation under the Contract.

23.2. In the event the Procuring Entity terminates this Contract in whole or in part,

for any of the reasons provided under GCC Clauses 23 to 26, the Procuring

Entity may procure, upon such terms and in such manner as it deems

appropriate, Goods or Services similar to those undelivered, and the Supplier

shall be liable to the Procuring Entity for any excess costs for such similar

Goods or Services. However, the Supplier shall continue performance of this

Contract to the extent not terminated.

23.3. In case the delay in the delivery of the Goods and/or performance of the

Services exceeds a time duration equivalent to ten percent (10%) of the

specified contract time plus any time extension duly granted to the Supplier,

the Procuring Entity may terminate this Contract, forfeit the Supplier's

performance security and award the same to a qualified Supplier.

24. Termination for Insolvency

The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt

or insolvent as determined with finality by a court of competent jurisdiction. In this

event, termination will be without compensation to the Supplier, provided that such

termination will not prejudice or affect any right of action or remedy which has

accrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

25. Termination for Convenience

25.1. The Procuring Entity may terminate this Contract, in whole or in part, at any

time for its convenience. The HoPE may terminate a contract for the

convenience of the Government if he has determined the existence of

conditions that make Project Implementation economically, financially or

technically impractical and/or unnecessary, such as, but not limited to,

fortuitous event(s) or changes in law and national government policies.

25.2. The Goods that have been delivered and/or performed or are ready for delivery

or performance within thirty (30) calendar days after the Supplier’s receipt of

58

Notice to Terminate shall be accepted by the Procuring Entity at the contract

terms and prices. For Goods not yet performed and/or ready for delivery, the

Procuring Entity may elect:

(a) to have any portion delivered and/or performed and paid at the contract

terms and prices; and/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.

25.3. If the Supplier suffers loss in its initial performance of the terminated contract,

such as purchase of raw materials for goods specially manufactured for the

Procuring Entity which cannot be sold in open market, it shall be allowed to

recover partially from this Contract, on a quantum meruit basis. Before

recovery may be made, the fact of loss must be established under oath by the

Supplier to the satisfaction of the Procuring Entity before recovery may be

made.

26. Termination for Unlawful Acts

26.1. The Procuring Entity may terminate this Contract in case it is determined

prima facie that the Supplier 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, and coercive practices as defined in ITB Clause

3.1(a);

(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.

27. Procedures for Termination of Contracts

27.1. The following provisions shall govern the procedures for termination of this

Contract:

(a) Upon receipt of a written report of acts or causes which may constitute

ground(s) for termination as aforementioned, or upon its own initiative,

the Implementing Unit shall, within a period of seven (7) calendar

days, verify the existence of such ground(s) and cause the execution of

a Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the Implementing Unit, the HoPE shall

terminate this Contract only by a written notice to the Supplier

conveying the termination of this Contract. The notice shall state:

59

(i) that this Contract is being terminated for any of the ground(s)

afore-mentioned, and a statement of the acts that constitute the

ground(s) 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 this

Contract should not be terminated; and

(iv) special instructions of the Procuring Entity, if any.

(c) The Notice to Terminate shall be accompanied by a copy of the

Verified Report;

(d) 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 this 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 this Contract;

(e) The Procuring Entity may, at any time before receipt of the Supplier’s

verified position paper described in item (d) above 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;

(f) 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 this Contract. It shall serve a written notice to the Supplier

of its decision and, unless otherwise provided, this Contract is deemed

terminated from receipt of the Supplier of the notice of decision. The

termination shall only be based on the ground(s) stated in the Notice to

Terminate;

(g) The HoPE may create a Contract Termination Review Committee

(CTRC) to assist him in the discharge of this function. All decisions

recommended by the CTRC shall be subject to the approval of the

HoPE; and

(h) The Supplier must serve a written notice to the Procuring Entity of its

intention to terminate the contract at least thirty (30) calendar days

before its intended termination. The Contract is deemed terminated if it

is not resumed in thirty (30) calendar days after the receipt of such

notice by the Procuring Entity.

28. Assignment of Rights

The Supplier shall not assign his rights or obligations under this Contract, in whole or

in part, except with the Procuring Entity’s prior written consent.

60

29. Contract Amendment

Subject to applicable laws, no variation in or modification of the terms of this

Contract shall be made except by written amendment signed by the parties.

30. Application

These General Conditions shall apply to the extent that they are not superseded by

provisions of other parts of this Contract.

61

Section V. Special Conditions of Contract

Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity in

providing contract-specific information in relation to corresponding clauses in the GCC.

The provisions of this Section complement the GCC, specifying contractual requirements

linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country,

the sector, and the Goods purchased. In preparing this Section, the following aspects

should be checked:

(a) Information that complements provisions of Section IV must be incorporated.

(b) Amendments and/or supplements to provisions of Section IV, as necessitated by

the circumstances of the specific purchase, must also be incorporated.

However, no special condition which defeats or negates the general intent and purpose of

the provisions of Section IV should be incorporated herein.

For foreign-assisted projects, the Special Conditions of Contract to be used is provided in

Section IX-Foreign-Assisted Projects.

62

Special Conditions of Contract

GCC Clause

1.1(g) The Procuring Entity is Philippine Overseas Employment

Administration (POEA)

1.1(i) The Supplier is:

1.1(j) The Funding Source is

The Government of the Philippines (GOP) through the General

Appropriations Act (GAA) in the amount of One Million One

Hundred Eighty-Nine Thousand Twenty Pesos Only (₱1,189,020.00).

1.1(k) The Project Site is:

Philippine Overseas Employment Administration (POEA) BFO

Bldg., Ortigas Avenue corner Edsa, Mandaluyong City.


5.1 The Procuring Entity’s Representative is :

Mr. Ken P. Sarmiento

Director II, ICT Branch, 3rd Floor POEA Bldg., Ortigas Avenue corner

EDSA, Mandaluyong City

Tel. No. 8727-77-78

The Supplier’s address for Notices is:

6.2 The delivery schedule as indicated in Section VI. Schedule of

Requirements may be modified at the option of the Procuring Entity,

with prior due notice, written or verbal, to the Supplier.

10.4 Not applicable

10.5 Payment using LC is not allowed.

11.3 Maintain the GCC Clause.

13.4(c) No further instructions.

16.1 The quantity of the Goods delivered to POEA shall be inspected by

the ICT Branch Staff within the POEA premises, or at a vicinity

located at Ortigas Avenue cor. EDSA, Mandaluyong City. However,

inspection and approval as to the acceptability of the Goods vis-a-vis

its compliance with the technical specifications, and its order and

condition, will be done with prior notice, written or verbal, to the

authorized representative of the Supplier. The inspection will push

through as scheduled even in the absence of the Supplier’s

63

representative, if the latter was duly notified. In which case, the

results of the inspection conducted by the Procuring Entity shall be

final and binding upon the Supplier.

17.3 The warranty shall be covered by a special bank guarantee equivalent

to one percent (1%) of the total Contract Price, which shall be

released upon lapse of the warranty period.

17.4 The period of correction of defects in the warranty period is seven (7)

calendar days from either verbal or written notification.

21.1 No additional provision.

64

Section VI. Schedule of Requirements

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

is the date of delivery to the project site.

Item

Number

Description Quantity Total Delivered,

Weeks/Months

1 Subscription of Unified

Threat Management (UTM)

Solution for CY 2020

One (1)

Lot

1

CY 2020

I hereby certify to comply and deliver the entire above requirement.

Name of Company/Bidder Signature over Printed Name Date

65

Section VII. Technical Specifications

Bidders must state here either “Comply” or any equivalent term in the column “Bidder’s

Statement of Compliance” against each of the individual parameters of each “Specification.”

Item Minimum Specification Statement of

Compliance

A Hardware Specifications

Processor: Intel Core i5 Dual-Core @ 2.9Ghz

Form Factor: 1U rackmount

Memory: 12GB DDR3

Storage: 180GB SSD

Ethernet Ports: 8-Copper / 2 – SFP GBIC / 1-Lan Module Slot

I/O ports: 3 USB / 1 RJ45 COM / 1 VGA (rear)

Display: Multi-function LCD display

Power Supply: 36W, 123 BTU/hour (idle) 147W, 502 BTU/hour (full load); 110-240VAC 50-60 Hz (option for Redundant PSU)

Product Certifications (Safety, EMC): CB, CE, FCC Class A, IC, VCCI, RCM, UL, CCC

B Security Performance

Firewall Throughput: 30 Gbps

IPS throughput: 8.5 Gbps

VPN throughput: 3.2 Gbps

Antivirus throughput (proxy): 6 Gbps

Concurrent connections: 17,500,000 or more

New connections/sec: 200,000 or more

Maximum licensed users: unrestricted

C General Management

Rich graphical interactive control center with traffic-light style indicators for important alerts

2-clicks-to-anywhere navigation

Advanced trouble-shooting tools in GUI (e.g. Packet Capture)

High Availability (HA) support clustering 2 devices in active-

66

active or active-positive mode.

HA Support for dynamic addresses on WAN interfaces

Full command-line interface (CLI) accessible from GUI

Role-based administration

Automated firmware update notification with easy automated update process and roll-back features

Reusable system object definitions for networks, services, hosts, time periods, users and groups, clients and servers

Self-service user portal

Configuration change tracking

Flexible device access control for services by zones

Email or SNMP trap notification options

SNMP and NetFlow support

Central management support from on-premise or cloud-based firewall manager

Backup and restore configurations: locally, via FTP or email; on-demand, daily, weekly or monthly

API for 3rd party integration

Secure remote access option for principal’s support

Cloud-based license management

Deployment options support for hardware appliances, software, virtual, and Microsoft Azure

D Firewall, Networking, and Routing

Stateful deep packet inspection firewall

Fast Path Packet Optimization

User, network, or business application-based firewall rules


Enforce policy across zones, networks, or by service type

Zone isolation and zone-based policy support.

Default zones for LAN, WAN, DMZ, LOCAL, VPN and WIFI

Custom zones on LAN or DMZ

Customizable NAT policies with IP masquerading

Flood protection: DoS, DDoS and portscan blocking

67

Country blocking by geo-IP with simple country and continent selections

Routing: static, multicast (PIM-SM) and dynamic (RIP, BGP, OSPF)

Per-rule and policy-based routing by source, destination, user/group or layer-4 service

Upstream proxy support

Protocol independent multicast routing with IGMP snooping

Bridging with STP support and ARP broadcast forwarding

VLAN DHCP support and tagging

Simultaneous DHCP Server and Relay support

Multiple bridge support

WAN link balancing: multiple Internet connections, auto-link health check, automatic failover, automatic and weighted balancing and granular multipath rules

Wireless WAN support (n/a in virtual deployments):

802.3ad interface link aggregation

Full configuration of DNS, DHCP and NTP

Dynamic DNS

IPv6 support with tunneling support including 6in4, 6to4, 4in6, and IPv6 rapid deployment (6rd) through IPSec

E Base Traffic Shaping & Quotas

Flexible network or user-based traffic shaping (QoS) (enhanced Web and App traffic shaping options)

Set user-based traffic quotas on upload/download or total traffic and cyclical or non-cyclical

Real-time VoiP optimization

F Secure Wireless

Simple plug-and-play deployment of wireless access points (Aps) – automatically appear on the firewall control center

Central monitor and manage all Aps and wireless clients through the built-in wireless controller

Bridge Aps to LAN, VLAN, or a separate zone with client isolation options

Multiple SSID support per radio including hidden SSIDs

Support for the latest security and encryption including WPA2

68

Personal and Enterprise

Support for IEEE 802.1X (RADIUS authentication)

Support for 802.11r (fast transition)

Hotspot support for (custom) vouchers, password of the day, or T&C acceptance

Wireless guest Internet access with walled garden options

Time-based wireless network access

Wireless repeating and bridging meshed network mode with supported Aps

Automatic channel selection background optimization

Support for HTTPS login

Rogue AP detection

G Authentication

Transparent, proxy authentication (NTLM) or client authentication

Authentication via: Active Directory, eDirectory, RADIUS, LDAP and TACACS+

Server authentication agents for Active Directory SSO

Client authentication agents for Windows, Mac OS X, Linux 32/64

Authentication certificates for iOS and Android

Single sign-on: Active directory, eDirectory

Authentication services for IPSec, L2TP, PPTP, SSL

Customizable Captive Portal

Two factor authentications (one-time password support) for IPSec and SSL VPN, user portal, and Web Admin

H User Self-Service Portal Download the Authentication Client under user portal Download SSL remote access client (Windows) and configuration files (other OS) Hotspot access information Change user name and password View personal internet usage Access quarantined messages (requires Email Protection)

69

Setup two-factor authentication with QR Code Site-to-site VPN: SSL, IPSec, 256-bit AES/3DES, PFS, RSA, X.509 certificates, pre-shared key L2TP and PPTP Remote access: SSL, IPSec, iPhone/iPad/Cisco/Android VPN client support SSL client for Windows & configuration download via user portal

I IPSec client (must support; optional to purchase)

Authentication: Pre-Shared Key (PSK), PKI (X.509), Smartcards, Token and XAUTH

Encryption: AES (128/192/256), DES, 3DES (112/168), Blowfish, RSA (up to 2048 Bit), DH groups 1/2/5/14, MD5 and SHA-256/384/512

Intelligent split-tunneling for optimum traffic routing

NAT-traversal support

Client-monitor for graphical overview of connections status

Multilingual: German, English and French

J Intrusion Prevention System (IPS)

High-performance, next-gen IPS deep packet inspection engine with selective IPS patterns for maximum performance and protection

Thousands of signatures

Support for custom IPS signatures

Flexible IPS policy deployment as part of any network or user policy with full customization

K Advanced Threat Protection and Security Synchronization

Advanced Threat Protection (Detect and block zero-day attacks or network traffic attempting to contact command and control servers using multi-layered DNS, AFC, and firewall)

End-to-end security synchronization that instantly identifies compromised endpoints including the host, user, process, incident count, and time of compromise

End-to-end security synchronization that policies can limit access to network resources or completely isolate compromised systems until they are cleaned up

End-to-end security synchronization which automatically

70

protects healthy systems from connecting to compromised endpoints and servers

Block all traffic to or from non-managed devices and endpoints without a security synchronization

L Clientless VPN

Unique encrypted HTML5 self-service portal with support for RDP, HTTP, HTTPS, SSH, Talent and VNC.

M Remote Ethernet Device VPN

Clientless VPN

Central Management of all RED devices

No configuration: Automatically connects through a cloud-based provisioning service

Secure encrypted tunnel using digital X.509 certificates and AES256-encryption

Virtual Ethernet for reliable transfer of all traffic between locations

IP address management with centrally defined DHCP and DNS Server configuration

Remotely de-authorize RED devices after a select period of inactivity

Compression of tunnel traffic

VLAN port configuration options

N Web Protection and Control

Enterprise-grade web policy engine with top-down execution and inheritance with flexible user/group policy definitions and precedence, customizable activities, block/warn/allow actions, and time-of-day and day-of-week constraints

High-performance fully transparent proxy for anti-malware and web-filtering

Enhanced Advanced Threat Protection

URL Filter database with millions of sites across 92 categories

Surfing quota time policies per user/group


Malware scanning: block all forms of viruses, web malware, trojans and spyware on HTTP/S, FTP and web-based email

Advanced web malware protection with JavaScript emulation


71


Real-time or batch mode scanning

Pharming Protection

HTTP and HTTPS scanning and enforcement on any network and user policy with fully customizable rules and exceptions

SSL protocol tunneling detection and enforcement

Certificate Validation

High performance web content caching

Forced caching for endpoint signature updates

File type filtering by mime-type, extension and active content types (e.g. Activex, applets, cookies, etc.)

YouTube for Schools enforcement

SafeSearch enforcement

Creative commons image search enforcement

Google Apps domain enforcement

Unscannable content handling options

Support for adding custom 3rd party URL databases

O Application Protection and Control

Enhanced application control with signatures and Layer 7 patterns for thousands of applications

Dynamic application identification utilizes the end-to-end security synchronization link with the endpoint to determine apps responsible for generating unknown traffic on the network

Micro app discovery and control

Application control based on category, characteristics (e.g. bandwidth and productivity consuming), technology (e.g. P2P) and risk level

Per-user or network rule application control policy enforcement

P Web and Application Traffic Shaping

Enhanced traffic shaping (QoS) options by web category or application to limit or guarantee upload/download or total traffic priority and bitrate individually or shared

Q Email Protection and Control

Per-domain mail routing

Integrated MTA (Message Transfer Agent) to store-and-forward mail in the event servers are unavailable

72

Email scanning with SMTP, POP3, and IMAP support

Reputation service with spam outbreak monitoring based on patented Recurrent-Pattern-Detection technology

Block spam and malware during the SMTP transaction



Automatic signature and pattern updates

File-Type detection/blocking/scanning of attachments

Accept, reject or drop over-sized messages

Detects phishing URLs within e-mails

Use pre-defined content scanning rules or create your own custom rules based on variety of criteria

TLS Encryption support for SMTP, POP and IMAP

Append signature automatically to all outbound messages

Email archiver

R Email Quarantine Management

Spam quarantine digest and notifications options

Malware and spam quarantines with search and filter options by date, sender, recipient, subject, and reason with option to release and delete messages

Self-serve user portal for viewing and releasing quarantined messages

S Email Encryption and Data Leakage Prevention

Patent-pending SPX encryption for one-way message encryption

Recipient self-registration SPX password management

SPX Reply Portal for recipients to reply to encrypted messages securely

Add attachments to SPX secure replies

Completely transparent, no additional software or client required

DLP engine with automatic scanning of emails and attachments for sensitive data

Pre-packaged sensitive data type content control lists (CCLs) for PII, PCI, HIPAA, and more

73

T Web Application Firewall Protection

Reverse proxy

URL hardening engine with deep-linking and directory traversal prevention

Form hardening engine

SQL injection protection

Cross-site scripting protection

Dual-antivirus engines (Sophos & Avira)

HTTPS (SSL) encryption offloading

Cookie signing with digital signatures

Path-based routing

Outlook anywhere protocol support

Reverse authentication (offloading) for form-based and basic authentication for server access

Virtual server and physical server abstraction

Integrated load balancer spreads visitors across multiple servers

Skip individual checks in a granular fashion as required

Match requests from source networks or specified target URLs

Support for logical and/or operators

Assists compatibility with various configurations and non-standard deployments

Options to change WAF performance parameters

Scan size limit option

Allow/Block IP ranges

Wildcard support for server paths

Automatically append a prefix/suffix for authentication

U Malware & Zero-Day Threat Protection

Word documents (including .doc, .docx, .docm and .rtf)

PDF documents

Archives containing any of the file types such as ZIP, BZIP, GZIP, RAR, TAR, LHA/LZH, 7Z, Microsoft Cabinet

Supports more than 20 file types

74

Hash caching for the previously scanned files

Cloud-based analysis to reduce load for the security appliance

Average analysis time must be only 120 second

V Logs and Reports

Hundreds of on-box reports with custom report options: Dashboards (Traffic, Security, and User Threat Quotient), Applications (App Risk, Blocked Apps, Search Engines, Web Servers, FTP), Network & Threats (IPS, ATP, Wireless, Synchronized Security), VPN, Email, Compliance (HIPAA, GLBA, SOX, FISMA, PCI, NERC CIP v4, CIPA)

Current Activity Monitoring: system health, live users, IPsec connections, remote users, live connections, wireless clients, quarantine, and DoS attacks

Report anonymization

Report scheduling to multiple recipients by report group with flexible frequency options

Export reports as HTML, PDF, Excel (XLS) Report bookmarks

Full log viewer available from every screen that pops-open in a new window

Customized log viewer refresh period and color-coded log lines for easy trouble-shooting

Log retention customization by category

W Warranty and Support

Hardware warranty & RMA with Advanced Exchange

24x7 Enhanced Plus Support via Telephone & Email with Remote Consultation

2 Locally certified engineers for local support

FREE Security Updates & Patches

FREE Software Features Updates & Upgrades

Warranty shall be1 year on parts, services and onsite repair

Manage the features of the UTM appliance. The support should include (Hardware Support, Firmware support, Enhanced Support, Antivirus, Intrusion Prevention Systems (IPS), Web and Application Filtering and Anti-Spam).

75

Section VIII. Bidding Forms

Notes on the Bidding Forms

The Bidder shall complete and submit with its Bid the Bid Form and Price Schedules

in accordance with ITB Clause 15 with the requirements of the Bidding Documents

and the format set out in this Section.

When requested in the BDS, the Bidder should provide the Bid Security, either in the

form included hereafter or in another form acceptable to the Entity, pursuant to ITB

Clause 18.1.

The Contract Agreement Form, when it is finalized at the time of contract award,

should incorporate any corrections or modifications to the accepted Bid resulting from

price corrections. The Price Schedule and Schedule of Requirements deemed to form

part of the contract should be modified accordingly.

The Performance Security Form and Bank Guarantee Form for Advance Payment

should not be completed by the Bidders at the time of their Bid preparation. Only the

successful Bidder will be required to provide performance security and bank guarantee

for advance payment in accordance with one of the forms indicated herein or in another

form acceptable to the Procuring Entity and pursuant to GCC Clause 13 and its

corresponding SCC provision.

The sworn affidavit must be completed by all Bidders in accordance with ITB Clause

4.2. Failure to do so and submit it with the bid shall result in the rejection of the bid

and the Bidder’s disqualification.

76

TABLE OF CONTENTS

BID FORM ........................................................................................................... 77

CONTRACT AGREEMENT FORM ........................................................................ 79

OMNIBUS SWORN STATEMENT .......................................................................... 81

BANK GUARANTEE FORM FOR ADVANCE PAYMENT ....................................... 84

BID SECURING DECLARATION FORM ……………………………………………85

77

Bid Form

Date:

Invitation to Bid3 No:

To: [name and address of Procuring Entity]

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers [insert

numbers], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to

[supply/deliver/perform] [description of the Goods] in conformity with the said Bidding

Documents for the sum of [total Bid amount in words and figures] or such other sums as may

be ascertained in accordance with the Schedule of Prices attached herewith and made part of

this Bid.

We undertake, if our Bid is accepted, to deliver the goods in accordance with the

delivery schedule specified in the Schedule of Requirements.

If our Bid is accepted, we undertake to provide a performance security in the form,

amounts, and within the times specified in the Bidding Documents.

We agree to abide by this Bid for the Bid Validity Period specified in BDS provision

for ITB Clause 18.2 and it shall remain binding upon us and may be accepted at any time

before the expiration of that period.

Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid,

and to contract execution if we are awarded the contract, are listed below:4

Name and address

of agent

Amount and

Currency

Purpose of

Commission or gratuity

(if none, state “None”)

Until a formal Contract is prepared and executed, this Bid, together with your written

acceptance thereof and your Notice of Award, shall be binding upon us.

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

you may receive.

3 If ADB, JICA and WB funded projects, use IFB.

4 Applicable only if the Funding Source is the ADB, JICA or WB.

78

We certify/confirm that we comply with the eligibility requirements as per ITB Clause

5 of the Bidding Documents.

We likewise certify/confirm that the undersigned, [for sole proprietorships, insert: as

the owner and sole proprietor or authorized representative of Name of Bidder, has the full

power and authority to participate, submit the bid, and to sign and execute the ensuing

contract, on the latter’s behalf for the Name of Project of the Name of the Procuring Entity]

[for partnerships, corporations, cooperatives, or joint ventures, insert: is granted full power

and authority by the Name of Bidder, to participate, submit the bid, and to sign and execute

the ensuing contract on the latter’s behalf for Name of Project of the Name of the Procuring

Entity].

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.

Dated this ________________ day of ________________ 20______.

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________

79

Contract Agreement Form

THIS AGREEMENT made the _____ day of __________ 20_____ between [name of

PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) of the one part and

[name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the

other part:

WHEREAS the Entity invited Bids for certain goods and ancillary services, viz.,

[brief description of goods and services] and has accepted a Bid by the Supplier for the

supply of those goods and services in the sum of [contract price in words and figures]

(hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part

of this Agreement, viz.:

(a) the Supplier’s Bid, including the Technical and Financial Proposals, and all

other documents/statements submitted (e.g. bidder’s response to clarifications

on the bid), including corrections to the bid resulting from the Procuring

Entity’s bid evaluation;

(b) the Schedule of Requirements;

(c) the Technical Specifications;

(d) the General Conditions of Contract;

(e) the Special Conditions of Contract;

(f) the Performance Security; and

(g) the Entity’s Notice of Award.

3. In consideration of the payments to be made by the Entity to the Supplier as

hereinafter mentioned, the Supplier hereby covenants with the Entity to provide the goods

and services and to remedy defects therein in conformity in all respects with the provisions of

the Contract

4. The Entity hereby covenants to pay the Supplier in consideration of the provision of

the goods and services and the remedying of defects therein, the Contract Price or such other

sum as may become payable under the provisions of the contract at the time and in the

manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed

in accordance with the laws of the Republic of the Philippines on the day and year first above

written.

80

Signed, sealed, delivered by the (for the Entity)

Signed, sealed, delivered by the (for the Supplier).

81

Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D A V I T

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address

of Affiant], after having been duly sworn in accordance with law, do hereby depose and state

that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor or authorized representative of

[Name of Bidder] with office address at [address of Bidder];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized

and designated representative of [Name of Bidder] with office address at [address of

Bidder];

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor, or authorized

representative of [Name of Bidder], I have full power and authority to do, execute and

perform any and all acts necessary to participate, submit the bid, and to sign and

execute the ensuing contract for [Name of the Project] of the [Name of the Procuring

Entity], as shown in the attached duly notarized Special Power of Attorney;

If a partnership, corporation, cooperative, or joint venture: I am granted full power

and authority to do, execute and perform any and all acts necessary to participate,

submit the bid, and to sign and execute the ensuing contract for [Name of the Project]

of the [Name of the Procuring Entity], as shown in the attached [state title of attached

document showing proof of authorization (e.g., duly notarized Secretary’s Certificate,

Board/Partnership Resolution, or Special Power of Attorney, whichever is

applicable;)];

3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of

the Philippines or any of its agencies, offices, corporations, or Local Government

Units, foreign government/foreign or international financing institution whose

blacklisting rules have been recognized by the Government Procurement Policy

Board;

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;

82

5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly

authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

If a sole proprietorship: The owner or sole proprietor is not related to the Head of the

Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical

Working Group, and the BAC Secretariat, the head of the Project Management Office

or the end-user unit, and the project consultants by consanguinity or affinity up to the

third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of

Bidder] is related to the Head of the Procuring Entity, members of the Bids and

Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat,

the head of the Project Management Office or the end-user unit, and the project

consultants by consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling

stockholders of [Name of Bidder] is related to the Head of the Procuring Entity,

members of the Bids and Awards Committee (BAC), the Technical Working Group,

and the BAC Secretariat, the head of the Project Management Office or the end-user

unit, and the project consultants by consanguinity or affinity up to the third civil

degree;

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

8. [Name of Bidder] is aware of and has undertaken the 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 [Name of the

Project].

9. [Name of Bidder] did not give or pay directly or indirectly, any commission, amount,

fee, or any form of consideration, pecuniary or otherwise, to any person or official,

personnel or representative of the government in relation to any procurement project

or activity.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at

____________, Philippines.

_____________________________________

Bidder’s Representative/Authorized Signatory

83

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.

________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission _______________

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 _____

* This form will not apply for WB funded projects.

84

Bank Guarantee Form for Advance Payment

To: [name and address of PROCURING ENTITY]

[name of Contract]

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract,

which amends Clause 10 of the General Conditions of Contract to provide for advance

payment, [name and address of Supplier] (hereinafter called the “Supplier”) shall deposit

with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful

performance under the said Clause of the Contract in an amount of [amount of guarantee in

figures and words].

We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally

and irrevocably to guarantee as primary obligator and not as surety merely, the payment to

the PROCURING ENTITY on its first demand without whatsoever right of objection on our

part and without its first claim to the Supplier, in the amount not exceeding [amount of

guarantee in figures and words].

We further agree that no change or addition to or other modification of the terms of the

Contract to be performed thereunder or of any of the Contract documents which may be made

between the PROCURING ENTITY and the Supplier, shall in any way release us from any

liability under this guarantee, and we hereby waive notice of any such change, addition, or

modification.

This guarantee shall remain valid and in full effect from the date of the advance payment

received by the Supplier under the Contract until [date].

Yours truly,

Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

85

BID SECURING DECLARATION FORM

REPUBLIC OF THE PHILIPPINES)

CITY OF _______________________) S.S.

x------------------------------------------------------x

BID SECURING DECLARATION

Invitation to Bid: [Insert Reference number]

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

I/We5, the undersigned, declare that:

1. I/We understand that, according to your conditions, bids must be supported by

a Bid Security, which may be in the form of a Bid-Securing Declaration.

2. I/We accept that: (a) I/we will be automatically disqualified from bidding for

any contract with any procuring entity for a period of two (2) years upon

receipt of your Blacklisting order; and, (b) I/we will pay the applicable fine

provided under Section 6 of the Guidelines on the Use of Bid Securing

Declaration, within fifteen (15) days from receipt of the written demand by the

procuring entity for the commission of acts resulting to the enforcement of the

bid securing declaration under Sections 23.1(b), 34.2, 40.1 and 69.1, except

69.1(f), of the IRR of RA 9184; without prejudice to other legal action the

government may undertake.

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

the following circumstances:

(a) Upon expiration of the bid validity period, or any extension thereof

pursuant to your request;

(b) I am/we are declared ineligible or post-disqualified upon receipt of

your notice to such effect, and (i) I/we failed to timely file a request for

reconsideration or (ii) I/we filed a waiver to avail of said right;

(c) I am/we are declared the bidder with the Lowest Calculated

Responsive Bid, and I/we have furnished the performance security and

signed the Contract.

5 Select one and delete the other. Adopt the same instruction for similar terms throughout the document.

86

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of

[month] [year] at [place of execution].

[Insert NAME OF BIDDER’S AUTHORIZED

REPRESENTATIVE]

[Insert Signatory’s Legal Capacity]

Affiant

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.

________ and his/her Community Tax Certificate No. _______ issued on ____ at ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Serial No. of Commission _______________

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. _____

88

Statement of Ongoing Government & Private Contracts including contracts awarded but not yet started

Bidders Name :

Bidders Address :

Name of Contract/

Project Cost

a. Owner’s Name

b. Address

c. Telephone No.

Natur

e of

Work

Bidder’s Role a. Date Awarded

b. Date Started

c. Date of Completion

% of

Accomplishments

Value of Outstanding

Works/ Undelivered

Portion Description % Planned Actual

Government

Private

Total Cost

Note: This statement shall be supported with:

Notice of Award and /or Notice to Proceed/ Letter of Confirmation or Similar Documents (signed by the owner or authorized representative)

The “Undelivered Portion” column pertains to the contract balance.

Submitted by :

(Printed Name and Signature)

Designation :

Date :

89

Single Largest Similar Completed government and private contracts

Bidders Name :

Bidders Address :

Name of Contract/

Project Cost

a. Owner’s Name

b. Address

c. Telephone No.

Nature of

Work

Bidder’s Role a. Amount at Award

b. Amount at

Completion

c. Duration

a. Date Awarded

b. Contract Effectivity

c. Date Completed Description %

Government

Private

Note: This statement shall be supported with:

1. Contract

2. Certificate of Completion

3. Certificate of Acceptance

Submitted by :

(Printed Name and Signature)

Designation :

Date :