section viii. bidding forms - department of national defense · joint venture agreement 8....

8,444,992 rds Ctg, 5.56mm, Ball, Linked, SS109 DND-AFP Acquisition Project Project Nr: ______

Section VIII. Bidding Forms

DND Bids and Awards, Basement, Right Wing, Department of National Defense, DND Building, Camp General Emilio Aguinaldo, Quezon City;

BAC Secretariat – (632) 421-3531/ 982-5626 102





BAC Secretariat – (632) 421-3531/ 982-5626 103

TABLE OF CONTENTS

DOCUMENT/FORM

1. SEC Registration Certificate

2. Department of Trade and Industry (DTI) Business Name Registration

3. Mayor’s Permit/Municipal License

4. Financial Statement

4A. Statement of all On-going Government and Private Contracts

including Contracts Awarded but not yet started, if any.

4B. Statement of Completed Similar Contracts

5. Net Financial Contracting Capacity

6. Tax Clearance Certificate

6A. For Local Bidder

6B. For Foreign Bidder

7. Joint Venture Agreement

8. Notarized Bid Securing Declaration

9. Statement of Compliance to Technical Specification

10. Certificate of PhilGEPS Registration

11. Omnibus Sworn Statement

12. Price Proposal

12A. Bid Form

12B. For Goods Offered from Abroad

12C. For Goods Offered from within the Philippines

13. Bank Guarantee




BAC Secretariat – (632) 421-3531/ 982-5626 104

Form 1

SEC Registration Certificate




BAC Secretariat – (632) 421-3531/ 982-5626 105

Form 2

Department of Trade and Industry (DTI) Business Name Registration




BAC Secretariat – (632) 421-3531/ 982-5626 106

Form 3

Mayor’s Permit/Municipal License



DND Bids and Awards, Basement, Right Wing, Department of National Defense, DND Building, Camp General Emilio Aguinaldo, Quezon City; BAC Secretariat – (632) 421-3531/ 982-5626

107

Form 4A

Statement of all Ongoing Government & Private Contracts Including Contracts Awarded but not yet Started

Business Name: :___________________________________________________ Business Address: :___________________________________________________

Name of Contract/ Project Cost

a. Owner’s Name b. Address c. Telephone Nos.

Nature of

Work

Bidders Role

a. Date Awarded b. Date Started

% of Accomplishment Value of Outstanding

Works / Undelivered

Portion

Description % Planned Actual

Government

Private

Total Cost

Submitted by: :__________________________________________

(Printed Name and Signature) Designation: :__________________________________________

Date:

8,444,992 rds Ctg, 5.56mm, Ball, Linked, SS109 DND-AFP Acquisition Project

Project Nr: ______



108

Form 4B

Statement of Completed Similar Contracts Business Name: Business Address:

Name of Contract/ Project Cost

a. Owner’s Name b. Address c. Telephone Nos.

Nature of

Work

Bidders Role a. Date Awarded b. Date Started c. Date of

Completion

Value of

Works Description %

Note: The following documents shall be presented for verification of the above statement during Post-Qualification:

Total

(Must be equivalent

to or more than PhP

55,357,500.00)

1 Notice of Award OR Notice to Proceed issued by the End user OR its equivalent; 2 Copy of actual contract or its equivalent; and 3 Certificate of Completion OR End-user’s Acceptance OR Proof of payment

Submitted by:

:__________________________________________

(Printed Name and Signature)

Designation: :__________________________________________ Date:


Project Nr: ______


DND Bids and Awards, Basement, Right Wing, Department of National Defense, DND Building, Camp General Emilio Aguinaldo, Quezon

City; BAC Secretariat – (632) 421-3531/ 982-5626 109

Form 5

NET FINANCIAL CONTRACTING CAPACITY (NFCC) STATEMENT

The Chairman, DND BAC

Department of National Defense Camp General Emilio Aguinaldo

Quezon City, Philippines

THIS IS TO CERTIFY that the attached computation of the Net Financial

Contracting Capacity (NFCC) of _______________________________________________, [Name of Bidder]

amounting to ___________________________________________________________________ (Amount in Words)

(US$/PhP________________) as part of our submitted Class “A” Eligibility Documents

(Financial) in the procurement of ________________________________________ is

(Name of Project)

true and correct.

That this document is submitted in lieu of a commitment from a licensed

bank to extend to this Company a credit line if awarded the contract, or a cash

deposit certificate as required by Sec 23.11.1(3) of IRR-A of RA 9184.

Yours faithfully,

_______________________________________ (Name and Signature of Representative)

___________________________________

(Designation)

___________________________________

(Name of Firm)


Project Nr: ______




SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20___, affiant exhibited to me his Competent Evidence of Identity No. ______________ issued on _________________ at _____________________, Philippines.

Notary Public Until 31 December 20____

PTR No._______________ Issued at:_______________ Issued on:_______________

TIN No. ________________ Doc. No. _______ Page No. _______

Book No. _______ Series of _______.


Project Nr: ______




Attachment to Form 5

NET FINANCIAL CONTRACTING CAPACITY (NFCC) COMPUTATION:

A. Current Assets : _________________________

B. Current Liabilities : _________________________ C. Project Costs:

1) Outstanding : _________________________

2) Ongoing : _________________________

3) To Be Started : _________________________

Note: K = 10 for a contract duration of one year or less,

15 for a contract duration of more than one year up to two years,

20 for a contract duration of more than two years.

NFCC = _______________________________________ [(Current Assets minus Current Liabilities) * (K)] minus

(the value of all outstanding works or projects under ongoing

contracts, including awarded contracts yet to be started).

_____________________ ___________________________________________ (Place and Date) (Name and Signature of Representative)

__________________________________________

(Designation) __________________________________________

(Name of Firm)


Project Nr: ______




Form 6A

Tax Clearance Certificate (for local Bidders)


Project Nr: ______




Form 6B

Tax Clearance Certificate (for foreign bidders)


Project Nr: ______




Attachment to Form 6B

Tax Clearance Certificate

(for foreign bidders)


Project Nr: ______





Project Nr: ______




Form 7

JOINT VENTURE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

That this JOINT VENTURE AGREEMENT is entered into By and Between

_____________________________________________________ of legal age, _______________,

(Civil Status) owner/proprietor of ___________________________________________________________

and a resident of _____________________________________________________________.

- and –

____________________________________________ of legal age, ________________________, (Civil Status)

owner/proprietor of ______________________________________________________ and a

resident of ___________________________________________________________________.

THAT both parties agree to be jointly and severally liable for the entire

agreement.

THAT both parties agree to join together their manpower, equipment, and

what is needed to facilitate the Joint Venture to participate in the Eligibility,

Bidding and Undertaking of the here-under stated project/s to be conducted by the

Department of National Defense: ________________________________________________.

(Name of Project)

That both parties agree that ________________________ and/or _________________,

shall be the Official Representative of the Joint Venture, and is granted full power

and authority to do, execute and perform any and all acts necessary and/or to

represent the Joint Venture in the bidding as fully and effectively and the Joint

Venture may do and if personally present with full power of substitution and

revocation.


Project Nr: ______




That this Joint Venture Agreement shall remain in effect only for the above

stated Project/s until terminated by both parties.

Done this ________ day of ____________, in ___________.

______________________________________ ____________________________________

(Name and Signature of JV Partner) (Name and Signature of JV Partner)

(JURAT)

*This form will not apply for WB funded projects.


Project Nr: ______




Form 8

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT OF BID SECURING DECLARATION

To: (Insert name and address of the Procuring Entity)

I/WE THE UNDERSIGNED DECLARES THAT:

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.

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 Declarations, 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.

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 as the bidder with the Lowest Calculated and Responsive Bid/Highest Rated and Responsive Bid", and I/we have furnished the

performance security and signed the Contract.


Project Nr: ______




IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ___

day of (month) (year) at (place of execution)

NAME OF BIDDERS AUTHORIZED REPRESENTATIVE (Insert signatory's legal capacity)

AFFIANT

SUBSCRIBED & 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 Competent Evidence of Identity 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_


Project Nr: ______




Form 9

Technical Specifications

STATEMENT OF COMPLIANCE TO TECHNICAL SPECIFICATIONS Ctg, 5.56mm, Ball, Linked, SS109

To the Bidder: Write “Comply” if proposal meets the Technical Specifications and project requirements. Do not leave any blank. Failure to conform will result in rating “Failed”.

(Comply / Not Comply)

Description: Linked ball cartridge. This cartridge is

identified by a green bullet tip

Weapons Application Saw, 5.56mm, Minimi, K3, M249

Technical Data:

1. Dimension and Weight

Bullet Diameter 5.56mm

Bullet Length 23mm

Cartridge Case Length 45mm

Round Length 57.4mm

Bullet Weight 62 grains

Round Weight 190 grains

2. Primer Type Percussion

3. Bullet Type Ball, Full Metal Jacket (FMJ) w/ steel

core

4. Cartridge Case Brass

5. Link M27 Metallic Link

6. Performance (cartridge conditioned at 70ºF + 2ºF)

Chamber Pressure 58,700 psi (maximum)

Velocity 3,020 + 40 fps at 78 ft from the

muzzle

Markings:

Cartridge Case Head

Stamp

Manufacturer’s Code

Year of Manufacture (last 2 digits)

Packaging:

Inner Plastic feedbox w/ bandoleer (200

linked cartridges/box)

Intermediate PA-108 metal box (4 Plastic

feedbox/metal box

Outer Wire-bound wooden or plastic box (2

metal boxes/box)

Intermediate Packaging

Markings

Standard Nomenclature

Standard Lot Number (MIL-STD-

1168A)

Manufacturer

Date of Manufacture

Quantity per box

Outer Packaging Markings

Standard Nomenclature

Standard Lot Number (MIL-STD-

1168A)

Manufacturer

Date of Manufacture


Project Nr: ______




Quantity per box

Weight

Dimension

Hazard Classification Code

OUTER PACKAGING MARKINGS

I hereby certify that the statement of compliance to the foregoing technical specifications are true and

correct, otherwise, if found to be false either during bid evaluation or post qualification, the same shall give rise to automatic disqualification of our bid.

___________________________________

Name of Company (In Print) ___________________________________________

Signature of Company Authorized Representative ___________________________________________

Name and Designation in Print _______________________

Date


Project Nr: ______




Form 10

Certificate of PhilGEPS Registration


Project Nr: ______




Form 11

Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D AV 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 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 of [Name of Bidder],

I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the PROCURING ENTITY];

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

and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the

members of the joint venture)];

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;

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:


Project Nr: ______




If a sole proprietorship: I am 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

*This form will not apply for WB funded projects.


Project Nr: ______



125

Form 12B

For Goods Offered From Abroad

Name of Bidder . Invitation to Bid Number . Page of .

1 2 3 4 5 6 7 8 9

Item Description Country of origin Quantity Unit price CIF port of entry

(specify port) or CIP named

place

(specify border point or place of

destination)

Total CIF or CIP price

per item

(col. 4 x 5)

Unit Price

Delivered At

Place (DAP)

Unit price

Delivered Duty

Paid (DDP)

Total Price

delivered DAP

(col 4 x 7)

1 Ctg, 105mm, HE with

Fuze

7,381

rounds

2 Cutaways, Ctg,

105mm, HE with Fuze

3 ea

Note: If a particular column is not applicable, write “NA” only. Note: In case of discrepancy between unit price and total, the unit price shall prevail


Project Nr: ______



126

Form 12C

For Goods Offered Within the Philippines

Name of Bidder . Invitation to Bid Number . Page of .

1 2 3 4 5 6 7 8 9 10 11

Ite

m Description

Country

of origin Quantity

Unit price EXW

per item

Cost of local

labor, raw material,

and

component2

Total price EXW per

item

(cols. 4 x 5)

Unit prices

per item final

destination and unit price

of other

incidental

services

Sales and

other taxes payable per

item if

Contract is

awarded

Total Price

delivered Final

Destination

(col 8 + 9) x

4

Put N/A

on the items if

Not

Applicable

1 Ctg, 105mm, HE with Fuze 7,381

Rounds

2 Cutaways, Ctg, 105mm, HE

with Fuze 3 ea

Note: If a particular column is not applicable, write “NA” only. Note: In case of discrepancy between unit price and total, the unit price shall prevail



DND Bids and Awards Committee, Department of National Defense, DND Building, Camp General Emilio Aguinaldo, Quezon City

DND TWG – 4212202; BAC Secretariat - 4213531

127

Form 12A

Bid Form

Date: Invitation to Bid 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 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:

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 or any Bid you may receive.





128

We certify/confirm that we comply with the eligibility requirements as per ITB Clause of the Bidding Documents.

Dated this ________________ day of ________________ 20______.

______________________ ___________________________________

[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of ____________________________





129

Form 13

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 there under 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]