Publisher: Bangsamoro Transition Authority
Year: 2016
Section I. Notice of Eligibility and Short Listing
Section II. Instructions to Bidders
A. General
1. Introduction
2. Conflict of Interest
3. Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices
(v) “obstructive practice” is
4. Consultant’s Responsibilities
5. Origin of Associated Goods
6. Subcontracts
B. Contents of Bidding Documents
7. Pre-Bid Conference
8. Clarifications and Amendments to Bidding Documents
C. Preparation of Bids
9. Language of Bids
10. Documents Comprising the Bid: Technical Proposal
11. Documents Comprising the Bid: Financial Proposal
12. Alternative Bids
13. Bid Currencies
14. Bid Validity
15. Bid Security
(iv) submission of eligibility requirements containing false information or falsified documents;
(v) any 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;
(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.
16. Format and Signing of Bids
17. Sealing and Marking of Bids
D. Submission and Opening of Bids
18. Deadline for Submission of Bids
19. Late Bids
20. Modification and Withdrawal of Bids
20.3 Bids requested to be withdrawn in accordance with ITB Clause 20.1 shall be returned unopened to the Bidders. A Consultant, who has acquired the bidding documents, may also express its intention not to participate in the bidding through a letter ...
E. Evaluation and Comparison of Bids
21. Opening and Preliminary Examination of Bids
21.7 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 p...
22. Process to be Confidential
23. Clarification of Bids
24. Bid Evaluation
25 Evaluation of Technical Proposals
26 Opening and Evaluation of Financial Proposals
27 Negotiations
28 Post Qualification
29 Reservation Clause
F. Award of Contract
30. Contract Award
31. Signing of the Contract
32. Performance Security
33. Notice to Proceed
Section III. Bid Data Sheet
Section IV. General Conditions of Contract
1. Definitions
2. Headings
3. Location
4. Law Governing Contract and Services
5. Language
6. Consultants and Affiliates Not to Engage in Certain Activities
7. Authority of Member in Charge
8. Resident Project Manager
9. Entire Agreement
10. Modification
11. Relationship of Parties
12. Authorized Representatives
13. Good Faith
14. Operation of the Contract
15. Notices
16. Warranty as to Eligibility
17. Confidentiality
18. Payment
19. Currency of Payment
20. Liability of the Consultant
21. Insurance to be Taken Out by the Consultant
22. Effectivity of Contract
23. Commencement of Services
24. Expiration of Contract
25. Force Majeure
26. Suspension
27. Termination by the Procuring Entity
28. Termination by the Consultant
29. Procedures for Termination of Contracts
30. Cessation of Services
31. Payment Upon Termination
32. Disputes about Events of Termination
33. Cessation of Rights and Obligations
34. Dispute Settlement
35. Documents Prepared by the Consultant and Software Developed to be the Property of the Procuring Entity
36. Equipment and Materials Furnished by the Procuring Entity
37. Services, Facilities and Property of the Procuring Entity
38. Consultant’s Actions Requiring Procuring Entity’s Prior Approval
39. Personnel
40. Working Hours, Overtime, Leave, etc.
41. Counterpart Personnel
42. Performance Security
43. Standard of Performance
44. Consultant Not to Benefit from Commissions, Discounts, etc.
45. Procurement by the Consultant
46. Specifications and Designs
47. Reports
48. Assistance by the Procuring Entity on Government Requirements
49. Access to Land
50. Subcontract
51. Accounting, Inspection and Auditing
52. Contract Cost
53. Remuneration and Reimbursable Expenditures
54. Final Payment
55. Lump Sum Contracts
56. Liquidated Damages for Delay
Section V. Special Conditions of Contract
Section VI. Terms of Reference
Section VII. Bidding Forms
Eligibility Documents Submission Form
Technical Proposal Forms
TPF 1. Technical Proposal Submission Form
TPF 2. Consultant’s References
TPF 3. Comments and Suggestions of Consultant on the Terms of Reference and on Data, Services, and Facilities to be Provided by the Procuring Entity
TPF 4. Description of the Methodology and Work Plan for Performing the Project
TPF 5. Team Composition and Task
TPF 6. Format of Curriculum Vitae (CV) for Proposed Professional Staff
TPF 7. Time Schedule for Professional Personnel
TPF 8. Activity (Work) Schedule
Omnibus Sworn Statement
Bid-Securing Declaration
Financial Proposal Forms
FPF 1. Financial Proposal Submission Form
FPF 2. Summary of Costs
FPF 3. Breakdown of Price per Activity
FPF 4. Breakdown of Remuneration per Activity
FPF 5. Reimbursables per Activity
FPF 6. Miscellaneous Expenses
Form of Contract Agreement
Section VIII. Appendices
I. Description of Services
II. Reporting Requirements
III. Key Personnel and Subconsultants
IV. Breakdown of Contract Price
V. Services and Facilities Provided by the Client
VI. Consultant’s Representations Regarding Costs and Charges
VII. BREAKDOWN OF AGREED FIXED RATES6F