Republic of the Philippine:.·

PHILIPPINE HEALTH INSURANCE CORPORATION Citystatc ( ·~ntn: Building, 709 Shaw lloulcvard. Pasig City

Call ( "enter: (02) ~~ J. 74-12 Truni..Jinc: (02) 441 -7444

www.philhealth.gov. ph ,.,.,. ~~ ..... ~ ... ......... ~ . ., ....

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BIDDING DOCUMENTS

Bidding for the

Procurement of One (1) Lot Interactive Voice Response Syste,m

(IVRS) and Voice

Logger/ Recorder

ITB NO. IVRS 2015-019-IT

Republic of the Philippines

PHILIPPINE HEALTH INSURANCE CORPORATION Citystate Centre. 709 Shaw Boulevard. Pasig City

Call Center (02) 441-7442 Trunklinc (02) 441-7444 www.philhcahh.guv.ph

INVIT ATION TO BID FOR VARJOUS IT PROJ ECTS

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J. 'll1e Pbt!ippill~ f-ha/rb l iiJ'IIfrlll<'f Corporatin11, through 1ts l11di tllld .rlll•tm!J Commillerfor lt!fomta!ioll Trdmolo.JJ• Ruomrt.r invites h~t.!s from e!J1-.oible lm.!uers for the hcreunuer pn lJCCts:

A. One (1) Lot D ata Storage U pgrad e and E nhan cem e nts

Approved Bullget for the Contr.tct PhP14,960,000.00 ~ourcc of r unu Corporate O perating Budget for CY 2015 l nvuanon To B1d No. rm No. OSUF. 2015-0 14-IT Delivery Pcnod 60 Calendar Days P re-Bid Conference January 12, 2016, 10:30 a.m. Submission and ( >pening of Bids January 25,2016, 10:30 a.m . lh.lutng Documc:nts Fee PhP25,000.00 ( )btammcnt Perin<.! for Btd<.ling Documents fanuary S, 2016-January 25,2016

B. One (1) Lot Additional Virrualiz atioo Software Licenses

Appruved Budget for the Contract PhP14,600,000.00 Source: of Fund Corporate O perating Budget for CY 20 IS Jnvitatlon To Bid ~o. 1113 No. A \ 'LS 2015-015-IT De liven• Pew Kl 45 Calendar D ays Pre-Btd Conference Januarv 12, 2016, 1:30 p.m. Subml$sion and ( >peni.og of B1ds January 25, 2016, 1:30 p .m . B1dillng Documents Fee Phl'25,000.00 Ubrauunent Peri<l<l for Bidillng Documents january S, 2016-January 25,2016

C. One (1) Lot Enterprise Resource Planning

1\ pprovcd Budget for the C1mtract PhP47,000,000.00 Source of Fum.! Corporate Operating Budget for CY 2015 Invitation T<> Bid No. IT B No. ERP 2015-0 18-fT Delivery, Installation & Completion Peood 12 months Pre-B1d Conference J anuary 14, 2016, 10:30 a .m. Subm1ss1nn and O pening of Bids J anuary 26, 2016, 10:30 a.m . B1JJin~ Documents Fcc PhP25,000.00 < >htainmcnt PcrHxl for B1dJing Documents fanuary 7, 2016- fanuary 26, 2016

D. One (1) Lot I nte ractive Voice Respo nse System (IVRS) and Voice Logger/ Recorder

. \pprovcJ BuJgct for rhe Contract PhP12,005,000.00

Source of rund Corporate O pcra1ing Budget fo r CY 2015 Jm,ranon To B1d No. fTB No. 1\ 'RS 2015-019-IT Dehvcry Pen<xl 30 Calend ar Da}'S Pn:-Bid Conference J anuary 14, 2016, 1:30 p .m . SubtUIS$ion and Upentng of B1ds J anuary 26, 2016, 1:30 p .m . Bidding Documents Fee PhP25,000.00 < >btaJJl mcnl PcnoJ for Btdiling Documents Januat) 7, 2016- January 26,2016

The Bids received in excess of the ABC for each project shall be autom atically re jected at bid opening.

.,

3.

Republic oft he Philippines

PHILIPPINE HEALTH INSURANCE CORPORATION Citystatc Cent re. 71F} Shaw Boulevard, Pasig City

Call Center (02) 441· 7442 Trunk line (02) 441-7444 www.phtlhc;~lth.~o\.ph -------· .,_.. .....__., .,

Btc.Juen; should h:lt·e completw, wtrhm JanNa') 1, .!OJ.I Otormbtr f . 2015. a contract ~tnular to each Pn,Ject The de~cnpnon of an e~Jwblc btudcr L' com.uned tn the B1Jd.tn~ Donunents for each proJect, parucularly, tn Secnon II ln,tmcnons to Btc.Jt.len;.

BtJJm~ w!.ll be conJucteJ rhrou~h open compeoove btJJm~ procedures LL~tn~ a non dt~crcoonary "pa~~/fatl" cntenoo as ~pcctftcd tn rhc Revised Implementing Rules and Regulatio ns ( IRR) o f Republic Ac t (RA) 9184, othertvtse known :ts the "Government Procuremen t R efo rm Act"

BtJdm~ ts restncteJ to Ft.l..tptno ctllzem/,ole propoetor..htp~. partncn;rups, or oq,.,r.uuzannn~ wtth at least stxrv percent

(oO• n) tnterest or outsta.nd.tn~ capttal stock belongm~o: to cllt?.en~ of the Philippmes, anu to ctn7Cns or or~ruzanons of 01

countrl the laws or regulatmns of whtch J{f::lnt stmilac nghts or pnvtlc!·\·es to Ft.l..tptno cmn:ns, pursuant to R. \ 5183 and subJect,,, Commonwealth .\ct DR

4. Interested btc.luers may obtam further tnformanon from rhe P/1/LJ-IEALTH-Bifil and •IJwnii ( omn1111u for lf!/iumutton Trchnolo,gy Ruo11nu Sm~tonat and tnspcct rhe BtJc..l.t.ng IJocumem~ at the addrcs~ jo(IVen below Junn~ officr bourrfmm 8:)0 11.111. to ~:00 p.m.

5. -\ complere set of BaJ~ Dt~<:umcnl~ may be ac~utccJ lw tnlercstcJ Btdder.; fm c~ch pro1ccr (Please refer to rhe obtalllmeOI pcnod tn Item ~o 1), from the aJiliess below upon payment of a non-rcfunJable fee for the Btdd.tng Documem~ (stated tn Item r-.;., 1).

lr mav also be Jownloat.lcd free of ch~rKC from 1hc websuc of the Prultpptnc c;ovcmmcnt Elcctroruc Procurement System (PhtlGEPS) anJ rhc websuc of the ProcUOll~ Ennrv prm1ded that Btuders ~hall par the non n·fun<.lahlc fee f.,r the l~tJding Documents not l~tcr than the dare of the suhmtsston of their biJs.

6. TI1c /t •l( -/TR wtll hoiJ a Pre Btd Conference for e;ach proJeCt (stated tn Item No. I) at JJ3A( Co'!fmnrt ArM {Room 100-1), Plufl lrolth 1 /rod O.ffitt. 10 rloor Ct(JS!alt C.tntrr, -o9 \'/,,u, Bhlfi. Bgy. Ortm/10, PtJSI~ C!tr wruch shall be open only to

aU tntcrested parttes who haw pucch:lseJ the Badiling Dt ~euments

7 Btc.h mu.'t be del..avereJ to the aJdres~ below on or before rhc dare and nme for the 'uhmL~ston anJ ( >pcnm14 of Bad~ (stateJ m I tc.·m No. I) of the concerned proJeCt to be parnctp~ted . . \II Buls must be ~ccompamed br a btd sccunty 111 any of the acccpr;~blc forms atlc.l In the.· amount st:arcd tn lnst.ructwn to Btdder~ [ITB] llause IR.

BtJ opcntn~-t shall hc at the SB. \C <..onference Area, (Rm. I 004), Phlilit.-alth Head ( >flice, I 0'" Fl.r., CHystatc Centre 709 Shaw UlvJ ., Brjo(y. ( >ranlxa, Past~ Cary BaJ~ \\'111 be opened tn the presence of the RrJdcr. ' representanves who choo~e to :tnenc.l ar the address below Late b ids shaD not b e accep ted.

!I The bad<.lcr shall drop o ne (I) ~caled mother envelope Ill the htd box as spcofieJ 111 the lnstrucoon to BaJc.lcr Clau.se 20 ~nd B1J Data :-.hc.·et foe St:ahn~ anJ Marklllgl' of the en,·dopcs

9. The f>bdtppmr I /with ln.rllrallrt Corporohqn reserves the n~hr to accept or reJeCt any had, to annul the btddtng pn~<:ess, and to re JCCt all hads at any lime prtor to contract awarJ, wuhout therehy incurnng ~ny habihry to the affectcJ btuder or lmlders

I 0 Foe further mfurmaoon, please refer to

Secretariat for rhe Bids and Awards Cammitrecs Phtfl ltalrh 1/md O.ffirt. Room 100). f(f' Ploor, Gil)stott Cmtrr 13m/rill(~ -09 fhnw Blld. Bg,. Ornnbo. Pa.rrg Ctry 1(/tpbonr: -1-1 f --1-1-1 /oaJ/76-J I 1(/tjt~..'\:· 6r4"J5 osbm@pln/brnltb,Pf!v.pb

~ABASA c.;.tttrpmon, BAC. fTR

Section II. Instructions to Bidders

A. General

1. Scope of Bid

1.1. The procuring entity nameJ m rhe UDS (hereinafter referred to as the '1lhi1Health") wishes to receive bids for supply and delivery of the goods as described in Section Vll Technical Spccificatious (hereinafter r.:ferred to as d1e "Goods").

1.2. The name, identificauu n, ami number of lots specific to this bidding are provided in the BDS. The contracting ~tra tegy anJ basis of evaluation of lots is described in TTB Clause 28.

2. Source of Funds

Phili-Icalth has a budget or has applied for o r received fund~ from the funding Source named in the BDS, and in the amount indicated in the BDS. 1 t intends to apply part of the funds received for the Project, as defined in the BPS, to cm'cr digible payments under the contract.

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

3. 1. Unless otherwise specified in the liDS, Phill Iealth as well as the bidders and suppliers shall observe the highest standard of ethics Juring the procurement and execu tion of the contract. In pursuance o f this rolicy, the P rocuring E ntity:

(a) defines, for purposes of this provision, the terms set for th below as follows:

(i)

(ii)

(iii)

(iv)

(v)

"corrupt practice" means beha\·ior on the part o f officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce o thers to do so, by misusing the position in which they are p laced, ami 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 executio n; 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 )l,-\ 3U 1 'J.

"fraudulent pracricc" means a misrepresentation of facts in o rder 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, nun-competitive le,·cls and to deprive the Phil! leal th of the benefits of free and open competition.

"collusi\ L practices" means a scheme or arrangement between two or more HiJdcrs, with or without the knowledge of the PhilHealth, designed to es tablish bid r rices at arti6.cial, non-competitive levels.

"cCJercin practices" means harming or threatening to harm, directly or indirectly, persons, or their p ro perty to intlucncc their participation in a

pwcu<emcn t pwces., o"ffect theexecu tion o f .con tmt; A. ' \,J tjj \I

''obs1rucuvc practice" is // - ~ , \

{/]_ ~ (; ~ rl' r ;r: Page 3 of 58

(aa) ddibl'ratdy destroying, falsifying, altering or concealing of l'\ iL!t:·ncc material to an administr:~tive proceeding~ or im·l:'stigation or malci.ng false statements to investigators 111

"rJ..:r to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign gon:rnment/ foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusi,·e practicl..'; and/or threatening, harassing or intimidating any party to pre\Tnt it from clisclosing its knowledge of matters relc:vant 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 go\'crnmcnt/ 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 tlus Clause for purposes of competing for thl:' contract.

3.2. Further, PhilHcalth will seck to impo:-...: the maximum civil, administrative, and/ or criminal penalties available under applicabl~: laws on inclividuals and organizations deemed to be involved in any of the pracriccs mentioned in ITB Clause 3.1 (a).

3.3. Furthermore. the .funding Sourcc and !'hill kalth reserve the right to inspect and audit records and accounts of a bidder or ~upplier in the bidding for and performance of a

contract themsekcs ur through independent auditors as reflected in the GCC Clause 3.

4. Conflict of Interest

4.1. All Bidders found to have con tlicting mtercsts shall be di~qualificd to participate in the procurement at hand, without prcjudicl:' to the imposition of appropriate admitustrative, civil, and criminal sanction~. ;\ lliddcr may be considered to have conflicting interests \Vith another Bidder Ul anr oi the cn·nts dcscrib~:d in paragraphs (a) through (c) below and a general conflict of i11tcrcst in any of the circumstances set out in paragraphs (d) through (f) bdow:

(a)

(b)

(c)

(d)

A Bidder ha:. Lontr.,llin~ sb;ueholders in common with another Bidder;

A Bidder recci1 cs or has recei\'ed any direct or indirect subsiJy from any other Bidder;

1\ Bidder ha:. the same legal representative as that of another Bidder for purposes of tlu:. bid;

.m \ \ )

(e)

1\ Bidder ha~ a relationship, directly or through third parties, that puts them in a position to have access to infonnation about or influ~:nce on the bid of another Bidder or int1uencc the decisions of the Procuring Entity regarding this bidding process. This will include a tirm or an organization who lends, or temporarily seconds, its p~rsonnel to ftrms or organizations which arc 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;

A Bidde. wbmi" mo<c than one bid in thi' bidding pmcw. Howevc<, th~ docs ~4---~ not limit the p><ricipation of mbcont.-acto" in mme <han one bid; m ~ ~ . ;;;

fl~ ~~ Page 4 of 58

(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.

4.2. ln accordance with Secuon 47 of the IR.R of RA 9184, all Bidding Docwnents shall be accompanied by a sworn aftidavit of the Bidder that it is not related to the Head of the PhiiHealth, members of the Bids anc.l Awa.nls Committee (BAC), members of the Technical Working Group (f\X'G), members of the BAC Secretariat, tbe head o f the Project Management Office (PMO) or rhe end-user unit, and the project consultants, by consanguinity or affinity up lO the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons:

(a) 1f 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, ro all its officers, directors, and controlling stockholders; and

(d) If the Bidder 1s a joint \'l:tllme ()\ '), the provisions of items (a), (b), or (c) of this Clause shall co"rrespondingly apply to each of the members of the said JV, as may be apprupri;lte.

Relationship of th e narun: de~nibed above or failure to comply with this Clause will result in the automatic distlualification of a Ridder.

5. Eligible Bidders

5.1. Unless otherwise provided in the BDS, the following persons shall be eligible to participate in this bidding:

5.2.

(a) Duly licensed Filipino citizens/ sole proprietorships;

(b) Partnerships duly organized under the laws of the Philippines and of which at least si:ny 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 of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; and

(e) Unless otherwise provided in the BDS, persons/ entities forming themselves into a JV, i.e., a group of two (2) or more persons /entities that intend to be jointly and severally responsible or liable for a par ticular contract: Provided, however, that Filipino ownership or interest o f the joint venture concerned shall be at least sixty percent(60%).

Foreign bidders may be eligible to participate when any o f the following circumstances exist, as specified in the BDS:

(a) \xrhen a Treaty or Intcrnauonal or Executive A.grcement as provided m Section 4 of the R.A 9184 and its IRR allow foreign bidders to participate;

Page 5 of 58

6.

(b) Citizem, corporations, or as~ociations of a country, included in the list issued by the G PPB, the laws or regula Lions of which grant reciprocal rights or privileges to citizens, corporations, ur a~socialions of the Philippines;

(c) \X11en the Goods sought to be procured are not available from local suppliers; or

(d) \\1hen there i~ a need [l) prevent situations that defeat competition or restrain trade.

5.3. Government corporate entitic~ may be eligible to participate only if they can establish that they (a) are legally and financiall) ,tutonomous, (b) operate under commercial law, and (c) are not dependent agencies of the (;up or the Procuring Entity.

5.4. Unless otherwise provided in tlu: BDS, tile 11idder must have completed at least one contract similar to the Prujcct the Yaluc of which, adjusted to current prices using the N a tiona! Statistics Office consumer price index, must be at least eguivalent to a percentage of the ABC stated in the BDS.

For this purpose, contracts ~imilar to the Project shall be those described in the BDS, and completed within the relevant period stated in the Im·itation to Bid and ITB Clause 12.1 (a)(iii).

5.5. The Bidder mu~t submit a computation ut its Net i'inancial Contracting Capacity (NFCC), which must be at lca~t cgual to the :\BC to be bid, calculated as follows:

The Ni'CC, computed using the following fonnula, must be at least cgual to the ABC to be bid:

NFCC = [(Current a~sets minus current liabilities) (K)] minus the value of all outstanding ur uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract to be bid.

\X·'here:

K = 10 for a cuutract duration of one year or less, 15 for a contract duration of more than Olll' year up to two years, and 20 for a con tract duration of more than two years.

The nlues of the b!Lkler's current assets and current liabilities shall be based on the data submitted to tbc BIR, through its Electronic Filing and Payment System (Ei'PS).

Bidder's Responsibilities

6.1. The Bidder or its duly authorizni representative shall submit a swom statement in the form prescribed in Section VII I. Bidding hmm a~ reguired in ITB Clause 12.1 (b)(iii).

6.2. The Bidder is respomibll' for the fulluwing:

(a) HaY.i.ng taken step~ to carctully exanune all of the Bidding Documents;

(b) J-Ia,·ing acknowledgeJ all conditiuns, local or othenvise. affecting implementation of the contract;

Page 6 of 58

(c) HaYing made an estimalc of the facilities available and needed for the contract to be bid, if any;

(d) I laving complied with its rc~punsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.3.

(e) Ensuring that it is not ''blackli~tl'd" or barred from bidding by the GOP or any of its agencies, offices, corpur:ations, or LGL1s, including foreign government/foreign or intt-rnational tinancing institution whose blacklisting rules have been recognized by the (; PJ>B;

(f) Ensuring that each of the documents submitted in satisfaction of the bidding requirements i~ an authentic copy of the original, complete, and all statements and information provided therein are true and correct;

(g) Authorizing the Head of the Procuring Entity or tts duly authorized representative/s to 'Trify all the documents submitted;

(h) Ensuring that the sibrtutory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts nece~sary and/ or to represent the Bidder in the bidding, with the duly notarized Secretary'~ Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture;

(i) Complpug with the disclosure provision under Section 47 of It,'\ 9184 111

relation to uthcr provi~ions of RA 30 19; and

U) Complyiug \vith existing labor laws and standards, in the case of procurement of servtces.

f"ailure to observe anv of the alm\·e respon~ibilitics shall be at the risk of the Bidder concerned.

6.3. The Bidder is expected to C:..<Htlllle all instructions, forms, terms, and specifications in the Bidding Documents.

6.4. It shall be the sole responsibility 'lf 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 locatilln 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.

6.6.

6.8.

Phill-:lealth shall not assume any responsibility rt:"garding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data fumished by the procuring entity.

The Bidder shall bear all costs assuctarcd \Vilh the preparation and submission of his bid, and the PhilHcalth will in no case be responsible or liable for those costs. regardless of the conduct or outcome of the bidding pmcess.

Before submitting their bids, the Bidder is existing laws, decrees, ordinances, acts and affect this Project in any way.

Jeemed to ha,·e become familiar with all regulations of the Philippines which may

The Bidder should note that the Procuring Enuty \vill accept bids only from those tha t 1/v ~ have paid the nonrefundable fee for the Bidding Documents at the office indicated in ~ ~ the Invitation to Bid. ~

P'g' 7 of 58 Lj_ ;1. I'

7. Origin of Goods

Unless o therwise indicated in the nus, then· is no restriction on the origin of good:- other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, ~ubject to ITB Clause 27 .1.

8. Subcontracts

8.1. Unless othcrwis~: ~pelit'i..:d in rh..: BD~, the Bidder mar subcontract portions of the Goods to an extent as m.~y b~: apprm·ed by the PhilHealth and stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise frum the cu11tract for this Project.

8.2. Subcontractors mu~t contpl) with the eligibility criteria and the documentary requirements specit'ied in the nos. 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 identit)· the subcuutractur 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 rntuireJ documents as part of the technical component of its bid.

B. Contents of Bidding Documents

9. Pre-Bid Conference

10.

9.1. (a) If so specified in the lli2S., a pre-bid confc.>rence shall be held at the venue and on the date indicated therein, to clarify and address the Bidders' quesl.ions on the technical and financial components of this Project.

(b) The prt'-bid aJI!fen!lh'C .rba/1 be beld at lerHI lweke ( 12) t't.demklr d'!)'l b~fore tbe deadline for the mbmiJJion and rcaip! of bid.o·. !f !be Pm,mil(~ fi.nli(J' detem1ine.r that, I!J' retJJOII ?l tbe me/bod, nalure. or o-omple:•..:i!J' of I be t:otJimd lo be bid. or 11'/.!m inlemulionul j>t.lt1iapution UJt'/1 be more adt•tmtugeouJ to the GOP. a longer pniodfor tbe j>nJparution ?f'bidr i.1 11et:e.r.rary, the pre-bid mnferent"e .rha/1 /Je beld at lea . .-/ !bir[y (30) culendur d.!)'.!' b~/rm tbf deadline jor rhe mbmi.r.rion and ret:eipt '!f bid.r. uJ .~pe,?Jied i11 tbe BDS.

9.2. Bidders arc encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity's re<Juin:mcnts. Non-attendance of the Bidder will i..n no way prejudice its bid; however, the HidJL·r is expected to know the changes and/or amendments to the Bidding Documents discusst·d during the pre-bid conference.

9.3. ~-\ny statement made at the pre-bid confert:nce shall not modify the tcnns of the Bidding Documents unless such st;ttellll'tH is specitically identified in writing as an amendment thereto and issued as a SupplemnHal/l3iJ 13ulletin.

Clarification and Amendment of Bidding Documt:nts

l!l.l . Bidders who have purchased the Bidding Documents may re<Juest for clarification on Jt an~· part of the Bidding Oocumen t~ for. an interpretation. Such. request must be in If v \ I wrtUng and submllted to the Procunng Enmy at the address Indicated in the BDS at " least ten (10) calendac Jays bet'ore the deadline set for the submission and receipt , . b b;d, r "'If\

l'•ge 8 uf 58 It ~ ~ /V I "

10.2. Supplemental/Bid Bulleci.ns m ay be: b:>tl( d upon the PhiH Icalth 's initiative fo r purposes o f clarifying o r mo d.i fyi.ng an) provisio n u f I he: Bidding D o cuments no t later than seven (!) calendar d ays befo re the dc:ailli.ne t: Jr the submission and receipt of bids. Any mo dificatio n to the Btdding D ocuments ~ha ll be identified as an am endment.

10.3. 1\ ny Supplemental/Bid .l:htllclill i ~~ uc:d by the: HAC shall also be po sted o n the Philippine Government Elec tronic Procmcmcnt sr~ tem (PhilGEPS) and the website of the P rocuring Entity concerned , if available . It ~ha ll be the responsibility of all Bidders who secure the Bidding D ocuments to inquire and secure Supplemental/Bid Bulletins tha t may be issued by the B,\ C. I lowe\'er, Bidders who have subm.itted 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. Lang uage o f Bid

The bid, as well as all co rrt:.p und c:uee and documents relating to thr bid exchanged by the Bidder and the Phill Iealth, shall be: \vrinen in English. Supporting documents and printed literatun· furnished by the Bidder may be: in ano ther language provided they a rc accompanied by :~n accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the E nglish translation shall govern for purposes o f inte rpretatio n o f the bid.

12. D ocuments Comprising the Bid: E Ug ibili ty and Technical Components

12. 1. U nless o therwise indicated in the BDS, the firs t envelope shall co ntain the following eligibility and techn.ical d ocuments:

(a) Eligibility Documents-

Class ",\" Documcm s:

(i) Regis tration ceruticatc from the Securities and E xchange Co mmission (SE C), Department o f Trade and Industry (DTI) for so le proprietorship, or Cooperative Development Authori ty (CDA) for cooperatives, or any proo f o f such registration as s tated in the 13DS:

(ii) Mayor 's pennll ~::.sued b) til t· city or municipality where the principal p lace of busincs:. of rht prospective bidder is loc:ttcd;

(iii) S tatement o l .dltb uu~uln~ ~O\'Ctnment and pri"\·atc co ntracts, including contrac ts a\varJed but no t yet s tarted, if any, whether similar o r no t sim.ilar in nature and complexity to the contract to be bid; and S tatement identifying the b idder's sing le largest contract similar to the contrac t to be bid, except under conditions provid ed for in Sec.23.5.1.3 of the 1 R.R, within lite rdev•ml p eriod as provided in the BDS.

The statement :-.hall .include, for each contrac t, the fo llowing:

(iii . I) nam~ of the contrac t;

(ii.i.2) date o f the co nt ract;

(iid)

(iii A ) amount of contract and value o f o utstanding contracts;

Page 9 of 58

(iJJ.S) date of delivery; and

(lllJJ) end user's acceptance or official receipt(s) issued for the cun tract, if completed.

(iv) AuJitl·J financial statements, stamped "received" by the Bureau of I ntcrnal Re,·enue (BIR) or its duly accredited and authorized in~titutions, for the preceding calendar year, which should not be earlier 1 han 1\\'o (2) years from bid submission;

(v) N H :c computation in accordance with ITB Clause 5.5; and

(,·i) Tax Clearance per Executive Order 398, series of 2005, as finally reviewed and approved by the BIR.

Class "13" Document:

(vii) If applicable, the J VA in case the joint venture is already in existence, or July notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful.

(b) Technical Documents-

(i) 13id security in accordance with ITB Clause 18. If the Procuring Entity reyuires the bidders to ~ubmit the bid security in the form of:

(i.l) a bank draft /guar;mtee 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 sh;lll be accompanied by a certifica Lion by the Insurance Commis:;ion that the surety or insurance company is authorized to i~suc such instnunents;

(ii) Confonnity with tn:luucal specifications, as enumerated and specified in Sections \'I and \ ' II of the 13idding Documents; and

(iii) Sworn statement in accordance w1tb Section 25.2(a)(i,·) of the IRR of RA C) l8~ and using the fom1 prescribed in Section VIII. Bidding Forms.

13. Doc um ents Comprising the Bid: Financial Component

13.1. Unle$S otherwise ~tatl·d in the BDS. the financial component of the bid shall contain the follmving:

13.2.

(a) Financial Bid Form, which includes bid prices ami the bill of yuantitics and the applicabk Price Schedules, in accordance with ITB Clauses 15.1 and 15.4;

(b)

(c)

(a)

If the fiiddcr claiws preference as a Domestic Bidder or Domestic Entity, a certification from the DTI, SEC, or CDA issued in accordance with lTB Clause 27, unless otherwise prm·ided in the lll2.S.; and

Any other document related to the fmancial component of the b1d as stated in the BDS.

Unless otherwise accepted.

Page 10 of 58

(b) Unless o tiH:t,, bl' indicated in the ilDS, for foreign-funded procurement, a ceiling may be .lpplied to bid prices p rovided the fo llowing conditions arc met:

(i) 13idc.hng Documents arc obtainable free of charge on a freely accessible websit<·. If payment of Bidding D ocuments is required by the procuring en Lity, payment could be made upon the submission of bids.

(i.i) T he procuring entity has pro~:cdmes in place to ensure that the ABC is based o n recent estin1att•s made by the responsible unit of the p rocuring entity and that the estimates reflect the quality , supervision and risk and inflationary factors, as well as prevailing market prices, associated with the typ es of works or goods w be procured.

(iii) The procuring entity ha s trained cost estimators on estimating prices and analyzing bid variances.

(iv) The procuring entity ha~ ..:~t,1bli~hed a system to monitor and report bid prices relative to Al3C and cngincer's/procuring entity'~ estimate.

(v) The procuring entity has established a system to m onitor and report bid prices relative to ABC .1nd procuring entity's estimate. The procuring entity has established a monitoring and evaluation system for contract implcmenta t..ion to pru,·tJe a feedback on actual total costs o f goods and works.

14. Alternative Bids

Alternative Bids shall be rejected . For this purpose, alternative bid .is an o ffer made by a Bidder in addition o r as a substitute to its original bid which may be included as part of its original bid or submitted separately therewi th for puq1oscs of bidc.ling. A bid with options is considered an alternative bid regardless of whether satd bid proposal is contained in a single en\'elope or w bmittcd in two (2) o r more sl·parate bid c twelnpcs.

15. Bid Prices

15. 1. The Bidder shall complete the appropriate Price Schedules included herein, staring the unit prices, total ptic<: per item, thc to tal amount and the expected countries of origin o f the Goods to be supplied under this Project.

15.2. The Bidder shall till u1 rates and prices for all items of the Goods described in the Bill of Qu~ntities. Hid~ no t addressing or providing aJI o f the required items in the Bidding Documents including, wh~re applicable, Bill o f Quantities, shall be considered no n­responsive and, thus, automatically c.lisqualified. In this regard, w here a required item is provided, but no price is inc.licated, the same shall be considered as non-responsive, but specifying a "()" (zero) tor the said item would mean that it is being offered for free to the Government.

15.3.

15.4.

The terms Ex Works (E},'"\X') , Cost, insurance and Freight (Ci fo), Cost and Insurance Paid to (ClP), Delivered Duty P aid (DDP), and o ther trade terms used to describe the o bligat..io ns of the parties, shall be goYem ed by the rule~ prescribed in the current edition of the Intemational Commercial T erms (INCOT ERlvlS) published by the International Chamber of Commerce, Paris.

Prices indicated on the Price Schedule shall be entered separately 111 the following manner:

For Goods offered from wi tJun the Procuring E ntity's country:

Page 11 of 58

(i) The price of the Gooos tluuted EX\V (ex works, ex factory. ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs Juries and sales and other taxes alreaoy paiJ or payable:

(1.1) on the compom•nts and raw material useJ in the manufacture or assembly o f Gooos tJUOted ex works o r ex factory; or

(i.2) till the prc\'Iousl) tmported Goods o f foreign origin quote<.! ex warehouse, ex showroo m, or off- tht·-shelf and Procuring Entity's country sales and other taxes which will be payable on the Gooos if the contract is awarded .

(ii) The pr!cc fo r illla11d transportation, insurance, and other local costs mctoental to Jdin~ry of the CuoJs to their fmal destination.

(iii) The pricl: of ut!tcr (111cioental) services, if any, listctl in the BDS.

~)) For GooJs offered from abroad:

(i) Llnlcss o 1herwisc stared in the BDS, the price of the Gooos shall be lJLIOICO DDP with 1hc place of destination in the Philippine~ as specifictl in the Bl b. In yuoting the price, the Bidder shall be free to usc transporration thruugh carriers registeretl in any eligible country. Similarly, tht· Bidder may obtain insurance services from any eligible source country.

(ii) The price of other (!ncldc::nlal) services, if any, listed in the BDS.

15.5. Price:; quoted by the Bidder shall be iixt'd during the Bidder's performance o f th e contract and not subject to variation or price escalation o n any account. A bid submitteJ with an adjustable price quotation shall be treated as non-responsive and shall bl· rejected, pursuant to ITB Clause 2-J..

1\ll bid prices shall be considered as fLxeJ prices, and therefore no t subject to price escalation during contract implementatio n, except under extraordinary circumstances. Extraordinary circumstances refer to e\·cnts that may be determined by the National Economic and Oe\·eJopment Authority in accordance with the Civil Code of the Philippines, anti upo n the reco mmendation of the Procuring E ntity. evcrthcless, in cases when· the cost o f the awartled contract is affected br any applicable new laws, ordinances, regulatio ns, or other acts of the GOP, promulgated after the date of bid o pening, a contract price aJjustment shall be matlc or appropriate relief shall be applied o n a no loss-no ga.in basis.

16. Bid Cu rre n cies

16. 1. Prices shall be quoted in the following currencies:

(a)

(b)

For Gootls that the Bioder will supply from within the Philippines, the prices shall be yuu tetl in Philippiiic Pesos.

For GooJ s that the Bidder will supply from o u tside the Philippi.ttes, the prices may be quoted in the currency(ies) stated in the .ill2S. f lowcver, for purposes o f bid evaluauon, bJd:> Jennminated in fo reig n currencies shall be converted to Philippine currency basco on the exchange rate as published in the BSP reference rate bulletin un the day of the bid opening.

P.1gc 12 of 58

16.2. If so allowed in accordance with ITB Clause 16.1, the PhilJiealth for purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid prin: is expressed to Philippine Pesos at the foregoing exchange rates.

t 6.3. Unless othen.visc specified in the BDS, payment of the cont ract price shall be made in Philippine Pesos.

17. Bid Validity

17 .1. Bids shall remain valid tur the period specified in the BDS which shall not exceed one hum! red twenty (120) calendar days from the date of the opening of bids.

17.2. In exceptional circlllnstance:-, prior to the expiration of the fiid validity period, the PhiiHealth may reljuest Bidders to extend the period of validity of their bids. ·n1e request and the responses shall be made in writing. Thl· bid security described in ITB Clause t 8 should also be extended corresponding to the extension of the bid validity period at the least. A Bidder may rdusc the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the rec1uest shall not be rc<Juired or permitted to modi!)· its bid.

18. Bid Security

18.1. The Procuring Entity shall prescribe in the BDS the acceptable forms of Bid Security that bidders may opt to use, which shall include the Bid Securing Declaration and at least one (1) other form, the amount of which shall be equal to apcrcen tage of the ABC in accordance with the fo llowing schedule:

Form of Bid Security Amount of Bid Security

(E.qual to Percentage of the ABC)

(a) Cash or cashier's /manager's check issued by a Universal or Commercial Bank.

-·--(b) Bank draft/ guarantee or UTn·ocabk

letter of credit issued by a ll nin: rsal Two percent (2°/;,) or Commercial Bank: Pnl\·idcd, however, that it shall be confirmed or authenticated by a Uni\'(:rsal or Commercial Bank, if issued b) a foreign bank.

(c) Surety bond callable upon demand issued by a surety o r llbllrancc

company duly certified by the Fi\·e percent (5~'a) Insurance Commission as authorized to issue such security.

(d) r\ny combination of items (a) ro (c) Proportionate to share of form with above. respect to total amount of scctu·it''

(c) Bid Securing Declaration No percentage required

For biddings conducted by LGl ls, the Procuring Entity ma)' also require bidders to submit Bid Securities in the form of cashier's / manager's check, bank draft / guarantee, or irre,·ocable letter of credit fmm other banks certified by the BSP as authorized to issue such fmancial statemt.:nt.

The Bid Securing Declaration mentioned above is an undertaking which states, among others, that the bidder ti hall t'nter into Contract with the Procuring Entity and furnish the performance security lUjttired under ITB Clause 33.2, from receipt of the Notice of

Page 13 of 58 q ~ ~~\ (

Award, and commiuing to pay the corresponding fine, and be suspended for a period of time from being qualiticd to participate in any government procurement activity in the event it violates any ut rh~: conditions stated therein as provided in the guidelines issued by the GPPB.

1 8.2. The bid security should be Yalid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security ~hall be rejected by the PhilHealth as non­rcsponstve.

18.3. No bid securities shall be returned to bidders after the openmg of bids and before contract signing, except to those that fai led or declared as post-disquali fied, upon submission of a written waiver of their right to tile a motion for reconsideration and/or protest. \Vithout prejudice on its forfeiture, bid securities shall be returned only after the bidder with the Lowest Calculated ami Responsi .. re Bid has signed the contract and furnished the performance security, but tn 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 post.ing of the performance security pur~uant to ITB Clause 33, the successful Bidder's bid security will be discharged. but in no casc later than the bid secu rity validity period as indicated in the lTB Clause LH.2.

18.5. The bid security may be forfeHcJ:

(a) if a Bidder:

(i) withdraws its bid durtu~ the period of bid validity specified Ill ffB Clause: 17;

(ii) does not Kcept th~· corr~c:tion of errors pursuant to ITB Clause 28.3(b);

(iii) tails to submit the n.:qum·ments within the prescribed period or a finding against their VL·racity as stated in TTB Oausc 29.2;

(iv) submission of eligibility requirements containing false infonnation or fabificd documents;

(v) sul.mussion of bids that contain fal se infonnation or falsified documents, or the concealment of such infom1ation in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding;

(viii)

(ix)

allowing the usc of one's name, or usmg the name of another for purposes of public bidding;

withdrawal of a bid, or refusal to accept an award, or enter into contract with the Govemment without justifiable cause, after the Bidder had been adjudged as having submitted thc Lowest Calculated and Responsive Bid;

refusal or failure to post the re<.1uired performance security within the ~ prescribed time;

refusal to clarify or validate in writing its btd during post-qualitication within a period of seven (7) calendar days from receipt of the request Jt.. fo• ch•ific.rion; ~ :~ ~

p,~ 14nf58 tt ~~(' 1 \ (

(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 \Vithdrawing from bidJ..ing, submitting late Bids or patently insuftictcnt bid, for at least three (3) times within a year, except for valid reasons.

(b) if the success ful fjtdder:

(i) fails to sign th~· nmtract l!l accordance with lTB Clause 32; or

(ii) fails· tu furnish pcrfotmann: security in accordance witb ITB Clause 3:\.

19. Format and Signing o f Bids

19.1. Bidders shall submir. theu· b!ill. through Lhctr duly authorized representative using the appropriate fom1s pro vi J ed in S.:nion \' I II. Bidding Forms on or before th e deadline specified in the ITU Clauses ~I in rwo (~) separate scaled bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility reguin:ml·n ts under IT B Clause 12.1, anJ the ~econd shall contain the financial component of the Lid.

)9.2. l;orms as mentioned in D13 Cia uSC 1 ~-~ must be completed \Vithout any alterations to

their format, and no substitute fom1 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 ftrst and second envelopes as described in fTB Clauses 1:! and 13. 1 n the event o f any Jiscrcpancy between the original and the copies, the original shall prevail.

19.4. The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representathre/s o f the Bidder.

19.5. Any interlincations, crasun."S, or overwriting shall be valid only if they arc signed or initialed by the duly authorized representative Is of the Bidder.

20 . Scaling and Marking of Bids

20.1.

20.2.

20.3.

Bidders shall enclose their original eligibility and technical documents described in ITB Clause 12 in one sealed envelope marked "ORI G INAL TECHN ICAL COMPONENT", and the original o f their financial component in another scaled envelope marked "ORIGINAL - FINANCIAL COMPONENT", sealing them all in an outer envelope mar ked "ORJG JN ,\L BID".

Each copy of the fll"St and second em·elopes shall be similarly sealed duly marking the inner envelopes as "COPY NO. 1 - TECHNICAL COtv!l10NENT" and "COPY NO. I FINANCl/\1. COMPON I ~NT" and the outer envelope as "COPY NO. 1'' ~ respectively. These em·elopes containmg the original and the copies shall then b~ enclosed in one smgle em·dope.

The original and the number of coptes of dJ l.' fjid as indicated in the BDS shall be typed l­or wrttten in indeltble tnk and shall be signed by the bidder or its duly authorized j rcpresentati,·c/ s.

l'agc 15 of 58

~~ I \

20.4. r\.JI envelopes shall:

(a) contain the name oi d1~ contract to be bid in capital letters;

(b) bear the name anJ addrt·ss of the Bidder in capital letters;

(c) be addressed to the Procuring Encity's lk\C in accordance with ITB Clause 1.1 ;

(d) bear the specific idcntiftcation of this bidding process indicated in the ITB

Clause 0; and

(c) bear a waming "DO N( l r OPEN BEFORE .. . " the date and time for the opening of bids, in accordance with 1Tl3 Clause 2 L

20.5. I f bids are not scaled and marked as required, PhiiHealth wil.l assume no responsibility for the misplacement or premature opening of the bid.

D . Submission and Opening of Bids

21. Deadline for Submission of Bids

Bids must be received by the Phill-lealth's BAC- ITR at the address and on or before the date and time indicated in the lll2.S..

22. Late Bids

1\ny bid submitted after the deadline for submission and receipt of bids prescribed by tlw PhilHealth BAC - ITR, pursuant to ITB Clause 21 , shall be declared ' 'Late" and shall not be accepted by the Procuring Entity.

23. Modification a nd Withdrawal of Bids

23.1.

23.2.

23.3.

23..t.

The Bidder may modify its bid after it has been submitted; provided that the modification is received by the Philllealth BAC - ITR prior to the deadline prescribed for submission and receipt of bids. The Bidder shal.l no t be allowed to retrieve its original bid, but ~ hall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as "TECHNICAL MODIFICATION" or '' FINANCIAL MODif'IC.\TlON" and stamped "received" by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to th e Bidder unopened.

r\ Bidder may, through .1 I .cucr u f \\.Jthdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that tht· Letter of Withdrawal is received by Philllealth B .. \ C - rm. prior to the deadline prescribed for submission and receipt of bids.

Bids requested to be ·w11hdrawn in acnin.hnce with n n Clause 2.1.1 shall be returned unopened to the Bidders. A Btddcr may also express its intention not to participate in the bidding through a le tter which should reach and be sta mped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be r~QJ permitted to submit anotht:r bid, directly or indirectly, for the same contract. ; ·

No bid may be modilied alter the deadline fo r submission of bids. No bid may be \ \vithdrawn in the interval bctWt'L'Il th~ _deadline for submission of hid: and. the ~xpiration L of the penod of btd valtdlly speethcd by the Btdder on th e Ftnanctal Btd Form. '/ .

Withdmw.J of' bid Juring thi< inteml <h•ll nosult in the fotfoitmo of tht· Bi~~~ \ ~

l'•gd6of 58 1/ t ~ ~ ~J

security, pursuant to ITB Clause 18.5, and t ht· unposttJon of administrative, civil and criminal sanctions as prescribed by R.A 9184 and its IR.R.

24. Opening a nd Preliminary Examina tio n of Bids

24.1. The BAC shall open the first bid envelopes of 13idders in public as specified in the l.il2S to dctennine each Bidder's compliance with the documents prescribed Ln ITB Clause 12. For this purpose, the BAC shaU check the submitted documents of each btdder against a checklist of re<jUtred documents to ascertain if they arc all present, using a non­discretionary "pass/ fail" criterion. If a bidder submits the required document, it shaU be rated "passed" for that part.icuhtr requirement. In th is regard, biJs that fail to include any requirement or arc incomplete or patently insufficient shall be consiJcrcd as " failed". Othc·rwise, the H,\ C shall rate the said ftrst bid em·elope as " passed".

24.2. Unless otherwise specified in tht· BDS, immediately after determining compliance with the retltti.remcnts m the ftrst envelope, the BAC shaU forthwith open the second bid envelope of each rcmauung cltg1blc bidder whose ftrst bid envelope was rated "passed''. The scconJ envelope of each complying bidder shaU be o pened within the same day. In case o ne or more of the rctllllrements in the second em:clope of a particular bid is missing, incomplete or patcntl r msufficient, and/or if the submitted total bid price t•xceeds the r\BC unless otherwise provided to ITB Clause 13.2, the BAC shall rate the bid concerned as "failed". Onl~ bids that arc detenruned to co111am all the bid requirements for both components shall be rated " passeJ" anJ shaU immediately be constuered for <:valuauon and comparison.

24.3. Letters of withdrawal shall bt· read out and recorded during bid opening, and the envelope contatmng the corrt·;,ponding 'vithdrawn bid shall be returned to the 13iddcr unopeneJ. If the withdrawl!lg B1ddcr's represt'lllarive is in attendance, the o rig1nal bid and all copies tht·n:of shall be returned to the rcpresentati,•e during the bid opening. If the representative is not in attcnJance, the bid shall be returned unopened by registered mail. The Bidder ma} withdr.tw 11:> b1d pnor to the Jeadlinf' for tl1C' submission and receipt o f bids, pro,·ided that tht· currespontling Letter of \X 'ithdrawal contains a valid authorization rcyuesung tor , uch \vithdrawal, subject to appropriate administrative sanctlons.

24.4.

24.5.

24.6.

24.-.

If a Bidder has pn:v10usl} :.ectm:J a Cl'rtiticath>ll from PhilllcaJth to the effect that it has pre\'iuusly submitted the abovc-cmtmcratnl Class "A" Documents. the satd certification may be submitted tn heu of the rcljuiremcnt~ enumerated in ITB Clause 12. 1 (a). items (i)

to (' ').

In the case of an eligible foreign BiJdcr as describeJ in ITB Clause 5. the Class "A" Documents Jcscribctl in ll'B Clause 12. 1 (a) nuty be substituted with the appropriate elJui\•alent documems, if any, t::-.~ul·tl br the country of the foreign Bidder concerned.

Each partner o f a JOint vrnture agreement shall likewise submit the requin·rnents in ITB Clauses 12.1(a)(i) and 12. l (a)(ii). Submission of documents reyuired under I'J'B Clauses 12. l (a)(i.ii) to 12. 1 (a)(,·) by any of the joint venture partJ1ers constitutes compliance.

Ph11l Icalth BM~ - ITR. shall prepare the minutes o f the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, thctr bid pncc, bid security, finilings of preliminary examination; anJ (b) attf'ndance sheet. The Bt\ C members shall sign the abstract o f btds as read.

Page 17 of 58

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 T\'VG, are prohibited from making or accepting any kind of communication \llith any bidder regarding the enluacion 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 biddtr to influence the Ph illlealth in the Phill-Iealth 's Br\C - rm .. decision in respect of bid evaluation, biJ comparison or contract award will result in the rejection of the Bidder's bid.

26. Clarification of Bids

To assist in the evaluatiOn, companson, and pust-yu.ll.iticarion of the bids, the PhilHealrh may ask in writing any Bidder for a claritication of its bid. .-\11 respon ses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the Phil I lealth slu1 ll uot be cnnsiJered .

27. D omestic Preference

27.1. Unless otherwise stated in the BDS, the Procuring Entity will grant a margin of preference for the purpose of comparison o f bids in accordance with the following:

27.2.

(a) The preference shall be applieJ when (i) the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder, or (ii) the lowest bid offered by a non-Philippine national is lower than the lowest bid offered by a Domestic Entity.

(b) For evaluation purposes, the lowest Foreign Bid or the bid offered by a non­Philippine national shall be increased by fifteen percent (15%).

(c) In the event that (i) the lowest bid offered by a Domescic Entity docs not exceed the lowest Foreign Bid as increased, or (i.i) the lowest bid offered by a non-Philippine national as in creased, then the Procuring Entity shall award the contract to the Domestic Bidder/Entiry at the amount of the lowest Foreign Bid or the bid offered by a non-Philippine national, as the case may be.

(d) If the Domestic Entity/Bidder refuses to accept the award of contract at the amou nt of the Foreign Bid or bid off~'rcd by a non-Philippine n:ttional within two (2) calendar days from receipt of written adYice from the Br\C, the Procuring Entity shall award to the bidder offering the foreign Bid or the non­PhiLppine national :ts the case may be, subject to post-qualification and submission of all the documentary requirements under these Bidding Documents.

A Bidder may be granted preference as a Domestic Entity subject to the certification i from the DTI (in case of ~ole proprietorships), SEC (in case of partnerships and corporations), ur CDA (in cast· o f cooperatives) that the (a) sole proprietor is a ci tizen of th~ Philippines or the panncrship, corporation, cooperative, or associauon IS duly orgamzed under the laws of tht: Philippmes wuh at least seventy five percent (75%) of its ,;1 / interest or outstanding capital stock belongmg to citizens of the Pluhppines, (b) ({" habitually established in business anJ habitually engaged in the manufacture or sale of r the merchandise covered b}r his bid, and (c) the business has been in existence for at least ~ \

0 ~/'v{~r /" \

Page 18 of 58

five (5) consecutive rears prior to the advertisement and/ or posting of the lnvitation to Bid for this Project.

27.3. A Bidder may be gramo.:d pr~-fo.:rcncc a~ a Domestic Bidder subject to the certification from the DTI U1 <1t tin.- BiJdcr is utTering unmanufactured articles, materials or supplies of the growth or production ut thl' Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplte~ uf the growth, production, or manufacture, as the case may be, of the Philippi..11es.

28. Detailed Evaluation and Coniparison of Bids

28.1. Phill-lealth will undertake the Jctailcd evaluation and comparison of bids which ha\"c passeJ the opening and preliminar>· examination of biJs, pursuant to ITB Clause 2~. in order to detem1ine the Lowest Calculated Bid.

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

(a) The dctaiJcJ evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; ami

(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.

28.3. The Phill-lealth's Bi\C - ITR shall immediately conduct a detailed evaluation of all bids rated "passed," using non-discretionary pass/ fail criteria. Unle~s otherwise specified in the .llllS., the Bi\C shall consider the follo'Wing in the evaluation of bids:

(a) Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing o.r providing aU of the re<Juired items in the Schedule of Requirements including, where applicable, bill of <Juantities, 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 "0" (zero) for tl1e saiJ item would mean that it is being offered for free to PhilHcalth; and

(b) 1\rithmeti.cal corrections. Consider computational errors and om1sstons to enable proper comparison of all eligible bids. It may also consider bid moJifications, if allowed in the BDS. Any adjustment shall be calculated in monetary terms ro determine the calculated prices.

28.4. BascJ on the detailed evaluation of biJs, those that comply with the above-mentioned requirements shall be ranked in ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other moditl.cations, 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 othenvise indicated in the BDS.

28.5. Phill lealth's evaluation of bids shall only be based on the bid price <.JUOted in the Financial Bid Fonn.

~8.6. Bids shall be evaluated ou <Ill nJllal fuvung to ensure fair competition. For this purpose, all bidders shall be required to mdude in their bids th e cos t of all taxes, such as, but not limited to, value addeJ tax (V ,\T), 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 :;aid taxe:., >hall bo.: the basJs tor bid evaluation and comparison. 0

. P,gd9of58 1 ~ ~~'

29. Post-Qualification

29.1. PhilHcalth shall detertnlllt: to I£S ~a tisiact.iuu whether the Bidder that is evaluated as having submitted the Luwest ( ,alculated Bid (I .CB) complies with and is responsiYe to all

the requirements and conditiun::. ::.pccitlcd in ITB Clauses 5, I 2, and 13.

29.2. Within a no n-extendible pt:rtud •>f dm:e (J) calendar days fro m receipt by the bidder of the notice from the BAC that it submitted the LCB, the Bidder shall submit the following documentary requ.ircmcn b:

(a) Latest income and busmcss tax returns in the fo rm specified in the BDS;

(b) Certificate o f PhilGEPS Registr ation or PhilGEPS Registration Number if the procuring entity is a Philippine fo reign office o r post, provided that participating bidder should register with the PhilG EPS prior to bid opening; and

(c) Other appropriate licenses and permits requ.i.red by law and sta ted in the BDS.

Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause o r a fmding against the veracity of such shall be ground for forfeiture o f the bid security and disqualificatio n of the Bidder for award.

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 info rmation as the Procuring Entity deems necessary and appropriate, using a non­discretio nary "pas~/ fail" criterion.

29.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria fo r pos t-qualiftcation, it shall declare the said bid as the Lowest Calculated Responsive Bid, and recommend to the Head of the Philllealth the award o f contract to

the said Hiddl•r at its submitted price or its calculated biJ price, w hichever is lower.

29.5. t\ negath·e de termination shalJ rewlt in rejection of the Bidder's Bid, in which event the Phil! lealth flAC - JTR shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder's capabilities to perfo rm s<~tis factorily. If the second Bidder, however. fai ls the post qualification, the procedure for post q ualification shall be repeated fo r the Bidder wi th the next Lowest Calcula ted Bid, and so on until the Lowest Calculated Responsi,·e Bid is lktermined for contract award.

29.6. \'<lithin a period not exceeding scn·n (7) calendar days fro m the date of receipt of the recommendation of the BAC, the I lead uf the PhillleaJth shaU approve or disapprove the saiJ recommendation. In tl1<· ca,e of COCCs and Grls, the period provided herein shall be fifteL'n (1 5) calendar dap.

30. Reservation Clause

30. I. Notwithstanding the d ig•b•lit}. or 11,iSt-<.jual.ttication of a Bidder, Phill-lealth co ncerned reserves the right to review its lJllalitications at any stage of the procurement process if it has reasonable grounds to bdiL"' e tf'lat a misrepresentatio n 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 c.:li.gibili t) requirements. Should such review uncover any nusrepresentation made in the eligibility and bidding requirements, sta tements or documems, or any changes in the siruation of the BitiJcr which will affect its capabilit)· to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Phil! lealth shaiJ consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from o btai1ung an award or contract.

Page 20 of 58

30.2. Based o n the folll)wing gwllltd~ Phil! k a lLh reserves the right to reject any and all bids, declare a fai lure of btdding at an> time prior to the contract award, or not to award the contract, without thereb) incurring any Liability, and make no assurance that a con tract shall be entered into as a result of the bidding:

(a) 1 f there ts f>1illlu}I<'J( nidt:nce of collusion between appropria te public officers o r employees of the Philllcalth, or between the I3AC and any of the Bidders, or if the collusion is between o r among the bidders themselves, o r between a Bjdder and a thtrd party, including any act which restricts, suppresses or nullifies o r tends to rcstrict, suppress or nulli fy competition;

(b) If the PhilH ealth's BAC is found to have failed 111 following the prescribed

bidding procedures; or

(c) For any justifiable and reasonable ground where the award of the contract will not redound to the benctit of the GOP as fo llows:

(i) 1 f the physical and cconomk conilitiom h:we significantly changed so as to render the project no longer economically, financially or technically feasible as dctennined by the head of the PhiU lcalth ;

(i.i) 1 f the project is no longer necessary as detem1ined by the head of the

PhilH ealth; and

(w) I I the source of fw1ds for the p roject has been withheld or reduced

th rough no fault of the Philll calth .

30.3. In addition, the Phil H ealth may Likewise declare a failure of bidrung w hen:

(n) No bids are received;

(b) A II prospective Bidders are declared indi~r:iblc;

(c) All bids fat! to comply with all the btJ retjUU:ements o r fail post-qualification; or

(d) T he Bidder with the Lowest Calculated Responsive Bid (LCRI3) refuses, without justifiable cause to accept the award of contract, and no award is made.

F. Award of Contract

31. Con tract Award

J l.l. Subject to IT13 Clause 29, PhilHealth shall award the contract to the Bidder whose bid has been determined to be the LClill.

31.3.

Prior to the cxpinH.ion of the period of bid val.iility, Phil! lcalth shallno tjfy the successful Bidder in writing that its bid has been accepted, through a Notice o f J\ward received person ally or sent by registered mrul or electronically, receipt of which must be conftrrncd in writing within two (2) days by the Bidder with the LCRB and submitted

perwnally or sent D)' registered mail or electronically to the Procuring E nti ty.

Notwithstaniling the issuance of thtc" Notice of Award, award of contract shall be subject to the following conditions:

(a) Submissio n of the valid JVA, if applicable, within ten (1 0) calendar days from /J. <cceipt by the Hodder o f the noli« ftom the BAC that the Biddct h" the LC' ~ ~ 'c

Page 21 of 58 I ' \t 11 r \j

(b) Posting uf the performanc~ security in accordance w1th fTB Clause 33;

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

(d) ApproYal by ltigher authority, if required.

31.4. At the time of cumracl ;m;ard, the Procuring Entity shall not increase or decrease the quantity of goods originally ~r~citlnl in Section VT. Schedule of Requirements.

32. Signing of the Contract

3~.1. r\ t the same time a~ rhc Phil! kalrh nutifics the successful Bidder that its bid has been accepted, the Phi!Health shall ~r.:nd tltl' Contract Fonn to the Bidder, which contract has been provided in tlu: .Uidding Document~. incoqmracing therein all agreements between the parties.

32.2. \X'ithin ten (10) calt'lldar d.tys ti.·ulll receipt of the Notice of .Award. the successful Bidder shall post the re'luired performann~ security and sign and date the contract and return it to the Ph.ilHcalth.

32 .. 3. Ph.ilHealth shall enter into contract wJth th~ ~uccessful Bidder within the same ten (10) calendar Jay period provided that all th~ documentary requirements arc complied '-Vith.

32..-l. The following documents shall form part of the contract:

(a) Contract Agreement;

(b) Bidding Documents;

(c) \'('inning bidder's bid, including the Technical and Financial Proposals, and all other documents/ statements submitted;

(d) Performance Security;

(e) Credit lll1l: in accordance with TTB Clause 5.5. if applicable:

(t) Notice of Award of Contract; and

(g) Other contract documents that may be te'-juired by existing laws and/ or speciti~d in the BDS.

33. Performance Security

33.1.

33.2.

To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall pust a performance security within a maximum period of ten (lO) calendar Jays frum the receipt of rh~ Notice of .Award from PhilHealth and in no case later than the sib'lling of the contract.

The Procuring Entity ~hall prescribe at least two (2) acceptable forms of performance security taken from two (~) categrJries beluw that bidders may opt to usc, denominated in Philippine Pesos anJ posted in favor of the Procuring Entity. the amonnt of which shall be e'lual to a pcrcetHage uf the total contract price in accordance with the following schedule:

("

- -- - -Amount of Pcrforn1ance Security

f-orm of Pcrflinnao~Lc :-icnu-ity (Equal to Pcrcentagt· of the Total Contract Price)

(a) Cash or cashier's/ manager's check issued by a nin:rsal ur Commercial Bank.

(b) Bank draft / guarantee or irrevocable letter of credit issued by a Universal l'ive percent (5°/.>) or Commercial Bank: Provided, howe\'er, that it shall be contim1ed or authenticated by a C niversal or Commercial Bank, if issued by a foreign bank.

(c) Surety bond callable upon demand issued by a surety or msurance company duly certified by the

Thirty percent (30°ii>) lnsurancc Commission as authorized to tssue such security; and/or

(d) Any combination of the foregoing. Proportional<.' to share of form 'With respect to total amount of securitY

33.3. Failure of the successful Bidder to comply wi th the above-mentioned requirement shall constitute sufficient ground for the annulment of the award and forfei ture of the bid security, in which event PhilHeaJrh shall 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 contract award . However if no Bidder passed post­quali fication, the BAC shall declare the bidding a failure and conduct a re- bidding \\ri th re-advertisemen t.

34. Notice to Proceed

34. 1. W ithjn three (3) calendar days from the date o f approval of the contract by the appropriate govenuncut approving aurhoriry. PhiiHcalth shall issue its Notice to Proceed to the Bidder.

34.2. T he contract effectivi ty date shall be pmndt·d m the Notice to Proceed by the Procuring Entit:r, which da te shall not he later than seven (7) calcntlar days from the issuance o f the Notice to Proceed.

35. Pro tes t M ech anism

D ecisio n of the procuring cnmy at any s tage of the procurement p rocess may be q uestioned in accordance \vith Section 55 of the..· rc..·visul lmplcmcming Rules and Rcgttlat.ions o f Republic 1\ ct 9 184.

Page 23 of 58

Section III. Bid D ata Sheet ITB

C lause 1.1 ll1e Procuring Entity ts Philippine H ealth ins urance Corporation (PhilH cal tb)

\.2 "ll1e reference is: Biddwg for the Procurement of One (1) Lot Interactive \'oice Response System (IVRS) and \'mce Logger/ Recorder (1113 No. I \'RS 2015-0 19-£1).

') lh~ Ftutcting Source is: PHI LH EALTH CORPO RATE OPERAT ING BU DGET (CO B) -FOR 2015 'llte name of the Project ts: BIDDiNG FOR THE PROCUREMENT OF ONE (1) LOT INTE RACTIVE VOICE RESPONSE SYSTEM (IVRS) AND VOICE LOGGER/ RECORDER (I T B NO. JVRS 2015-019-I T)

3.1 NO FURTHER INSTRU CllONS

5.1 JOINT VENT U RE (JV) N OT ALLOWED

5.2 :.lone of the circwnstanccs mentioned 111 the lTB Cbuse exists m tlus Project. Foretgn btdde rs, except those falling under IT B Clause 5.2(b), may not participate in tlus Project.

5.4 Single Contract: ' l11e Bidder must haYc completed, within the period ~pecified in the Invitation to Bid and ITB Clause 12.1 (a)(i.ii), a single contract that is similar to this Project, eljuivak-n t to at least fifty percent (SO'Yo) of the .\BC. For the Single Largest Completed Contract whil"h ts eyui\·alent to at leas t ftfty percent {SO'Yo) of the ;\pproved Budget for the Contract (.\BC) as stated in :\nnex ";\" , the btdder must attach a copy of the contract OR purchase order . \l\iD end -user's acceptance OR offtcial receipt. For thi~ purpose, sinular contracts shall refer to Interactive. \ ' oice Response System {1\'RS) ;uld \ 'oice Logger/ Recorder.

7 NO FURTJ-fER INSTRUCTIONS

8.1 SUB-CONTRACTING NOT 1\LLO\VED

8.2 SUB-CONTR..'\CTING NOT ALLO\.'\!ED 9. 1 ·nte BJ"\C-ITR \vi.ll hold a PRE-BID CONFERENCE for this Pro1cct on Janu ary 14, 2016,

1:30 p.m .at SBAC Conference Area, Room 1004, 101h Floor Citystate Centre Bldg., 709 Shaw Blvd. , Bgy. O ranbo, Pasig C ity.

10.1 'Inc Procuring Entt ty's address ts: Room 1003, l O•h floor, Citys ta te Center, 709 Sh aw Boulevard , O ranbo, Pasig C ity; T elefax No. 637-4735 Em a il. Address: osJ-<~ rifll..,hilhealth.!>"ov.nh

12.1 (a) NO FURTHER INSTRUCTIONS

12. 1(a)(i) t\:0 OTHER f\CCEPTABLE PROOF OF REGISTRATION IS RECOGNIZED

12.1 (a)(i.ii) Statement of aU Its ongoing goYernment and pnvate l'Ontracts, including contracts awarded but not yet started, if any. SEE ATTAC H E D FORM (Annex " A" J

./ T h e accomplish ment of the above form with comp lete information as indicated the.rein shall be sufficient for this requirement.

13.1 SE E ATTACH E D BID FORM (An nex " B")

13. 1(b) NO FURTHER INSTRUCTIONS

l3.l (c) NO FURTI £ER I NSTRUCTIONS

13.2(a) 'll1e ,\BC 1S In the antount of TIVELVE MILLION FIVE THOUSAND PESOS (Ph P12,005,000.00) for the B IDDING FOR THE PROCUREMENT OF ONE (1) LOT INTERACTI VE VOICE RESPONSE SYSTEM (/ VRS) AND VOICE LOGGER/ RECORDER. Any bid ..vith a financia l ..:omponent exceeding this amount shall no t be accepted.

l.3 .2(b) NOT ,'\PPLIC:\BLE

15.-l(a)(i.ii) NO FURTHER IN STRUCTIONS

l5.4(b)(i) NOT :\PPLIC'\BLE

I 5 .4(b) (ii) NOT ;\PPLIC\.BLE

16.l (b) NOT ,-\PPLICABLE

16.3 NO I_.URTI fER INSTRUCTIONS

17.1 Bids will be valid until .May 25, 2016 (120 calendar days after the opminJ! of bids).

1B.1 T he hid security sh a ll be limited to Bid Securing D ecla ration QR at least one (1) othe r

~ Page 24 of 58

form in accordance wilh the foiiO\ving amount: (per G PPB Resolution 13-20 1-t and G PPB Circular Ol-2014)

1. Two Hundred Forty Thousand One Hundred Pesos (PhP240,100.00) if bid security is in cash. cashier's! manager's check, bank draft/ guarantee or irrevocable lcrter of credit;

2. Six Hundred Thousand Two Hundred Fifty Pesos (PhP600,250.00) tf bid security is in Surety Bond; and

3. Any combination of the foregoing p roportionate to the share of form with respect to total amount of security.

18.2 ·nu: Bid Securing Declaration or the Bid Security form as required by the BAC-ITR shall be valid until, May 25, 2016 (120 calendar days after the openi11g of bids).

20.3 Each bidder shall submit one (1) mother envelope which contains the two (2) envelopes and drop in the bid box. 1l1e ftrst envelope shall be labeled as "ORIGINAL BID", containing the "ORIGINAL TECHNICAL COMPONENT" AND "ORIGINAL FI NANCIAL COMPONENT". ll1e second envelope shall be labeled as "DUPLICATE", containing "DUPLICATE" - TECHNICAL COMPONENT" AND "DUPLICATE"- FINANCIAL COMPONENT". All copies of the TECHNICAL and FINANCIAL COMPONENTS of the Bid (Original ami Duplicate) sl.tall be signed, and each and every page thereof shall be initialed by the duly authorized representative/ s of the Bidder with page number clearly indicated. Each type of document should be properly tabbed/labeled. Non-compliance may be a ground for disqualification at the d iscretion of the BAC.

21 1l1e address for submission of bids is M SBAC Conference Room, Room 1003, 10111 Floor, Citystate Center, 709 Shaw Boulevard, Oranbo, Pasig City. 111e deadline for submission of bids ts January 26, 2016, 1:30 p.m.

24.1 Tl1e place of bid opening i~ at SBAC Conference Room, Room 1004, 10'" Floor, Citystate Center, 709 Shaw Boulevard, Oranbo, Pasig City. The date and time of bid opening is JANUARY 26, 2016, 1:30 p .m.

24.2 NO FURT HE R INSTRUCTJO~S

25. 1 NO FURTI-.I.ER Il"STRUCTI ON S

27.1 DOMESTIC BIDDERS PREFERRED

28.3 NO FURTHER f);STRUCTIONS

28.3(b) Bidder may modify its bid, provided that iris done before tlJC deadliiJC for tl1e submission a11d receipt of bids.

2BA Bidder with the Lowest Calculated Bid should be RESPONSIVE with the requireme nts after post-qualification by the TWG. PhiiHealth shall adopt tbe method of "DRAW LOTS" in case of tie between two or more bidders declared as Lowest Calculated and Responsive Bidder in the procurement of goods, consistent with GPPB Circular 06-2005.

29.2(a) The bidder with the Lowest Calculated Bid shall a lso s ubmit its Income Tax Return for CY 2014 and Business Tax Returns filed through the Electronic Filing and Payment System (EFPS) for the June 2015 - November 2015. (See Annex "C" for the required documents)

ONLY TAX RETURNS FILED AND TAXES PAID THROUGH THE BIR ELECTRONIC FILING AND PAYMENT SYSTEM (EFPS) SHALL BE ACCEPTED.

29.2(c) Other appropriate licenses and permits required by law to be submitted during the post-qualification: ~ - Photocopy of Taxpayer's ldenrificatton N umber (T.I.N.) Card of the proponent's Com pan~· ;

and b. Rurcau of Internal Revenue (RIR) 'I' alue Added Tax Regis tration Form and Pa~·ment Form for

the annual regis tration ft:e (BlR Form No. 2303 and 0605).

32.4(g) NO FURTHER INSTRUCTIONS

Pag(: 25 of 58

Section IV. General Conditions of Contract

1. Definitions

1.1. In this Contract, th~ foUowrng t~rms shall be Httcrpreted as indicated:

(a)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(k)

(I)

(m)

(n)

"The Contract" mt:aus the <~gn:ement t:n tcred into between the Procuring Entity and the Supplier, a, rl·cordeJ in the Contract Form signed by the parties, including all allachmcul:> .md appendices thereto and aU documents incorporatcd by rck·t-cnc.:c therein.

"The Contrac.:t Pncc" means the price payabi<: to the Suppli~r under the Con tract for the full and proper perfonnance of its contractual obligations.

"The Goods" means all of the supplies, equipment, machinery, spare parts, other rna terials and/ or general support services which the Supplier is required to provide to tht: Procurin~ Entity under the Contract.

"The Sen·iu:s" means thuse sen·ices ancillary to the supply of the Goods, such as transportation and in suranc<', and any other inciden tal services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under th<' Contract.

"GCC" means the General Conditions of Contract contained in this Section.

"SCC" means the Special Conditions of Contract.

"The Procuring Entity" means the organization purchasing the Goods, as named in the .S..C.C.

"The Procuring Entity's country" is the Philippines.

"The Supplier" means the indi\ridual contractor, manufacturer Ji:;tributor, or f.trm supplying/ manufacturing the Goods and Sen·ices under this Contract and named in the SQ:.

The "Funding Source" means the organization named in the~-

"The Project Site," where applicable, means the place or places named in the ~.

"Day" means calendar Jay.

The "Effective Date" of the contract will be the date of receipt by the Supplier of the Notice to Proceed ot: the date provided in the Nnt.icc to Proceed. Performance of all obligat.ions shall be n:ckoned from the Effective Date of the Contract.

"V erifict! Report" refers tn the n:port submitted by the Implementing Unit to the I lead of the Procuring Entity selling forth its fintiings as to the existence of grounds or causes for tcrminarion ant! explicitly stating its recommendation for the issuann: of a N o tice to T<:rminatc.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1. Unless othenvi~e pw\·idl d in the SCC, the Procuring Entity as well as the bidders, contractors, or suppliers shall ob~etYe the highest standard of ethics during the procurement and exccutiou of thi~ Contract. ln pursuance of this policy, the Procuring Entity:

(a) dctJ.nes, for tht.: putl-,u~t·s of this provision, the terms set forth below as follows:

(i) "corrupt pr;~ctice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themseh-es, <Hhers, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or sulicir:ing 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 Go>'cmment, 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 1\ct 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, Jcsigned to establish bid prices at artificial, non-competiti\'C levels.

(i,·) "'coercive practices'' means ltarming or threatening to harm, directly or inuirectly, persons, or the1r property to influence their participation in a procurement process, or affect the execution of a contract;

(v) "obstructiYe practice" is

(a a)

(bb)

deliberately Jcsu·oying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators 111

order to makrially impede an administratiYe proceedings or Uln·stigauon of thl· Procuring Entity or any foreign

go\'ernment/f•)reign ur international tJ.nancing institution into ;!!legations uf a corrupt, fraudulent, coerciYe or collusive practice; alld/ 1H threatening, hara~sing or intimidating any party to pre\·cn t it from disclosing its knowleugc of matters relevant to the admini~trative proceedings or investigation or from pursumg such proceedings or inYestigation; or

to materiaUy impede the exercise of the r inspecti()n and auuit rights of the Procuring Entity or any _ , \ ft>reign gm·emmcnt/ foreign or international tlnancing \ · institmion herein. · J {6 ' /

acts intt·nued

l'.lgl.' 27 of 58

$ 1~

(b) will reject a pt-.>po.sal for il\\an.llf it determines that tl1 c Bidder recommended for award has cngagL"d iu al l}' of the practices m entioned in this Clause for purposes o f colllpcting for the contract.

2.2. Further the F unding Source, Boni>v.Tr ur P rocuring Ent..ity, as appropriate. will seck to impose the m aximum cinl, :1Jminisu-ati,·e and/or criminal penalties :n-ailable under the applicable law on im.liYsduals and organizauons decm<:d to be involved \\itb any o f the prac tices m entioned in GCC Clau!>e .2.1 (a).

3. Inspection and Audi t by the F unding Source

The Supplier shall permit tl1c Funding Source to inspect the Supplier's accounts and records rela ting to the perfonnanct• of the Supplier and to have them audited by audito rs appointed by the Funding Source, if so required by the Funding Source.

4. Gove rning Law and Language

4.1. This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines.

-J.2. This Con tract has been executed in the English language, wh ich shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and o ther documents pertain ing to this Contract exchanged by the parties shall be written in E ng l..i, h .

5. Notices

5. 1. Any notice, request, or consent required ur permitted to be given o r made pursuant to this Contract shall be in writing . .Any such notice, request, o r consent shall be deemed to have been gt \'Cn or made w hen received by the concerned party. either in person or

thro ugh an authonzed representatin of the P arty to whom the commw1ication is addressed , or when sen t by registe red mail, telex, telegram, o r facsimile to such Party at the address spccit1ed in the sec, which shall be effective when delivered and duly received or on the notice's cffec ti\'C date, whichever is later.

5.2. r\ Party m ay change tts address for notice hereunder by giving the o ther Party no t..icc of such change pursuant to tlu: pro,·isions lssteJ in the S.C.C for GCC Clause 5. 1.

6. Scope of Contract

6. 1. The GOODS and Related SetYtct::s to be provided shall be as specified in Section VI. Schedule of ReyuirL·mc.:m s.

6.2. This Contract shall mcluJe aU such Hems, although no t specifically mentioned, that can be reasonably mferrcd a, being rCljllin·d for its completion as if such items were expressly mentioned herein. A ny additional requirements for the comple tion of this Contract shall be provided in the sec.

7. Subcontracting

7.1. Subcontracw1g of any portion o f the Goods, if allowed in the BDS, does not rdie,·c the ~ Supplier of anr liabilit) ur obligation under this Contract. The Supplier will be responsible for the acts, defaults, and negligence of any subcontractor, its agents, scrYants o r workmen as fully as if these were the Supplier's own acts, defaults, or

negligence, o r those o f its agents, servants o r workm en. ~ ;j-/

Page 28 of 58 1 ~~~ ~ f ~J

7.'2. Subcontractors disclosed and identitied during the bidding may be changed during the implementation of this Contract, subject to compliance with the required qualitlcations and the approvaluf the Procuring Entity.

8. Procuring Entity's Responsibilities

8.1. \X1henever the performance of the obligatiom in this Contract requires that the Supplier obtain permits, approvab, 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 rec1uin:menls in a timely and expeditious manner.

8.2. The Procuring Entiry shall pa~ ~11 cosb involved in the performance of its

responsibilitie~ in accon.lam:e with (; ( :c: Clause 6.

9. Prices

9.1. For the given scope of work in t hi~ Contract as awarded, ali bid prices are comidered fixed prices, and therefore not ~ubject to price escalation during contract implementation, exct:"pt LUlder t:"X.traorJinary circumstances and upon prior approval of the G PPB in accordance with SL·ction 61 of H.. A. 91 H-1- and its IRR or except as prm·ided in this Clause.

9.2. Prices charged by the Supplier for ( ;oods delivered and/ or serYices performed under this Contract shall not vary from the prices quoted by the Supplier in its bid, \Vith the exception of any change in price I"c~ulting frum a Change Order issued in accordance with GCC Clause 29.

10. Payment

11.

1 0.1. Payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been renden:.'d or delivered in accord:lnce with the tenns 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 cm•er the Supplier's warranty obligations under this Contract as described in GCC Clause 17.

1 0.2. The Supplier's rcquest(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Sen·ices performed, and by documents submitted pursuant to the SCC provision for GCC Clause 6.'2, and upon fultillment of other obligatiom 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 im·oice or claim by the Supplier.

10.4. Unless othctwise prcwided in the SCC, the currency in ,vhich payment is made to the Supplier under thi~ Contntct shall be in Philippine Pesos.

Advance Payment and Terms of Payment ~\ Ad,·ance payment shall be made on!~· after prior approval of the President, and shall not \ · \J 11.1. exceed fifteen percent ( 1 S'' o) of the Contract amount, unless othenvise directed by the \ ,... President or in cases allowed under 1\nnex .. 0" ofRA 9184. j./

11.2. Fm Good• •upplinl fcom '""''"'· dw te<n>S of P'ymcnt •h•ll be" follow" ~ ~ \i. ~

1 : r\ ( JlagL 29 ot 58

(a) On Contract Signature: hftecn percent ( IS%) of the Contract Pricl· shall be paid within sixt) (60) Jay:. frum signing of the Contract and upon submission of a claim ami a bani-. guarantee for the CtllliYalent amount valid until the Goods arc delivered anJ tn the form provided Jll Section VI II . Bidding Forms.

(b) On Delivery: Si~ t)' hn: pcr..t.:nt (65" ") of the Contract Price shall be paid to the Supplier within st:..ry (60) days after dtt· date of receipt of the Goods and upon submission of the documents (i) thro ugh (\'i) specified in the ~ provision on Delivery and Douuncnts.

(c) On Acct"ptance: The l'L'lllilin1ng tweall) percent (20%) of the Contract Price shall be paid to the Supplier within sixty (611) Jays after the date of submission of the acceptance and in::.pt·cuon cert.i ftcatc for the rcspecti,·c delivery issued by the Procuring Entity's authorized representative. In the c\·ent that no inspection or acceptance certificate is issued by the Procuring E ntit)"s autho rized representative within forty tive ( -tS) 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 ~ prm·ision on Dehery and Documents.

11.3. :\11 p rogress payments shall first be charged against th e advance payment until the latter has been fully exhausted.

U. Taxes and Duties

T he Supplier, whether local or foreign. shall be entirely responsible for all the necessary taxes, stamp duties, license fees, and o ther such le\-ies imposed for the completion of this Contract.

13. Performa nce Security

!3.1. Within ten ( lO) calendar Jays from receipt of the Notice of I\ ward from the Procuring Entity but in no case later than the signing of the contract by both parties, the successful Bidder shall fumish the performance security in any the forms prescribed in the ITB Clause 33.2.

13.2. The performance security posted in fa\'or of the Procuring Enti ty shall be for feited in the event it is established that the winning bidder is in defaul t in any of its obligations under the contract.

13.3.

13.4.

The performance security shaiJ r~.·mai n valid until issuance by the Procuring Entity o f the Ceruficate o f Fin al A c<.:eptancc.

The per formance security may be rdeased by the Procuring E ntity and returned to the Supplier after the issuance of thL· Certifica te.: o f Final Acceptance subject to the following conditions:

(a)

(b)

(c)

There arc no pc•lding cf.1i111s against the Supplier or UH~ surery company ftleJ by the Procuring Entity;

The Suppher ba~ 111> pm.li.ng 'daum for labor and materials filcJ against it; and

Other terms specitieJ 111 1he SC< :. ~ 13.5. ln case of a reJuction of rhe C<Hltr.tet ,·alue, the Procuring E nti ty shall allow a Jv

propo rtional reduction in the original performance sccurtty, provided that any such

~ ~ J ~ /; ~~\ ,( Page 30 of 58

reduction is mon· 1 hall Lu1 p~·rLl'lll (HI"") c111d that the aggregate of such reductions is not more than fifty perct'nt1Sil0 u) of Lhe original performance security.

14. Use of Contract Documents and Information

1-U. The Supplier shall not, except for purpo~c~ of performing the obligations in this Contract, without the Procuring Entity's prior written consent, disclose this Contract, or any provision thereof, or any specit!cation, plan, dra\'<-ing, pattern, ~ample, or information furni~hed 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 perfonnance under this Contract if so required by the Procuring Entiry.

15. Standards

The Goods proYided under this Contract shall confonn to the standards mentioned in the Section VU. 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.

16.2.

16.3.

16.4.

16.5.

The Procuring Entity or its repn:scntative shall have the right to in~pect and/ or to test the Goods to coni!nn their conformity to the Contract specifications at no extra cost to the Procuring Entity. The SCC and Section VIr. Technical Specifications shall specify what inspections and/ or tests tlu: Procuring Entity requires and where they arc to be conducted. The Procuring EntiLy shall notify the Supplier in writing, in a timely manner, of the identity of any repre::;mtatin·::; retained for these purposes.

If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(:;), al point of deliver~', and/or at the goods' tina! destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including accC-', to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity. The Supplier shaU provide the Procuring Ent.ity with results of such inspections and tests.

The Procuring Entity or ir; dc;tguaLcd repn:sentative shall be entitled to attend the tests and/ or inspections rc·ferrnl to in rhi~ 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.

The Procuring Entity may- reject .lll) c;uuds or any part thereof that fail to pass any test and/ or inspection or do not cont-nrm trJ the specifications. The Supplier shall either rectify or replace such rejected Good~ or parts thereof or make alterations necessary to meet the specification~ at no co~l tn the Procuring Entity, and shaU repeat the test and/ or inspection, at no cost to the Procming Entity, upon giving a notice pursuant to

GCC Clause 5.

The Supplier agrees that neither the executiun of a test and/ or inspection of tlte Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, shall release the Supplier from any warrant1es or other obligations under tlus Contract.

Page 31 of 58

17. Warranty

17.1. The Supplier warrants that the Goods suppli~.:d under the Contract arc new, unused, of the most recent or current models, and that tht:y incorporate all recent improYements in design and material~, 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, ot workmanship or from any act or omission of the Supplier that may develop under normal usc of the supplied Goods in the conditions prevailing in the country of final destination.

17.3. In order to assure that manufacmring 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 ~hall be cm'cred by, at the Supplier's option, either retention money in an amount equivalent to at least ten percent (10%) of the final payment, or a special bank guarantee equi,·alcnt to at least ten percent (tn''lo) of the 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 CDnrract have bt>en fully met.

17.4-. The Procuring Entity shall promprl) notify the Supplier in writing of any claims arising under this warranty. llpon rece1pt ot such notice, the Supplier shall, within the period specified in the sec and with all reasonable spt:cd, repair or replace the defective c;oods or parts thereof, without cost to the Procuring Entity.

17.5. If the Supplier, having been notified, fa1ls tu remedy the dcfect(s) within the period specitied in GCC Cbusc 17 .+, the Procuring 1 ~ntiry may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable law.

18. Delays in the Supplier's Performance

19.

18.1. Delivery of the (_;<>ods and/ or performance of Services shall be made by the Supplier in accordance \vi.th 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 ,;hall promptly notify the Procuring Entity in wricinR 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 enluate the situation and may extend the Supplier's time for pcrfonnance, in which case the extension shall be ratitled by the parties by amendment of Contract.

18.3. Except as provided under GCC Clatt~e 22, a delay by the Supplier in the performance of its obligations ~hall render the Supplier liable to the impo~ition of liquidated damages pursuant to GCC Clause 19, Ullless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liLJuidated damages.

Liquidated Damages

Subject to GCC Clause~ 18 ami 22, 1f the Supplier fails to satisfactorily deliver any or all of the

Good, •nd/oe to P"focm the Sen-"" wuhut th•· pcc!od(s) specified m this Comnct ind~sivct~ V2, l'•&d2 "'58 1 ;t ~~ ~J

duly granted time extension:) if any, the Procuring Entity shall, without prejuclice to its o ther remedies under this Contract and under the applicable law, deduct from the Contract Price, as Liquidated damages, the applicable rate o f one tenth (1/ lU) of one (1) percent of the cost of the unperformed portion for en:ry Jay of delay until actual delivery or perfom1ance. T he maximum deduction shall be ten percen t ( l!f'o) of the amount of contract. Once the maximum is reached. the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to other courses of action and remewes open wit

20. Settlement of D isp utes

20.1. I f any ilispute or dit'tcn.:nce ol any kinJ 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 di fference by mutual

consultation.

20.2. I f after thirty (30) days, the parties have tailed to resolve their clispute o r clifference by such mutual consultation, then ei ther the Procuring Entity or the Supplier may give notice to the other part} of its intentio n to commence arbitration, as hereinafter provided, as to the matter u1 dispute, and no arbitration in respect of this matter may be commenced unles~ such notice is given.

20.3. Any wspute or difference in respect o f which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration. Arbitr ation may be commenced prior to o r after delivery of the Goods under this Contract.

20.4. ln the case of a dispute between the Procuring Entity and the Supplier, the clispute shall be resolved in accordance with Republic Act 9285 ("R .A. 9285") , otherwise known as the "Alternative Dispute Resolution Act of 2004."

20.5. Notwiths tanding any reference to arbitration herein. the parties shall continue to perform their respective obligations under the Contract unless they o therwise agree; and the Procuring Entity shall pay the Supplier any m onies due the Supplier.

21. Liability of the Supplier

21.1. The Supplier's liabili ty under this Contract shall be as provideu by the laws of the Republic of the Philippines, subject to adclitional provisions, if any, set forth in the SQ:.

21.2. Except in cases o f cri.nunal negligence o r willful misconduct, and in the case of infringement of patent rights, if applicabll:, the aggregate liability of the Supplier to the Procuring Entity shall no t exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

22. Force M ajeure

~2.1 .

22.2.

The Supplier shall no t be liable for forfeiture of its performance security. liguidateu damages, or termination fur default if and to the extent that the Supplier's delay in performance or other failut·e to perfom1 its obligations under the Contract is the result ~ of af or.-e mt.fjcure.

For purposes o f thb Cumract the term s ·:torCt: muje11re" and " fortuitous event" may be ~

used interchangeably. In tlu:. regard, a fortuitous event o r f om mqfeure shall be ,;/. , interpreted to mean an event which the Contractor could not have foreseen, or which (/'"' though fo reseen, was in ~:vitabl c: . It shaU not include ordinary unfavorable weather conclitio ns; and any othc_r cause tht: ctfccts o f which could have been avoided with the ( "J cmc"c of ""on•bk diligcn::g:::::

5:ontrnctm Such even" m•y fficludc, ~ l ~ ~

If ~i~ '\

limited to, acts of tht: Procuriug L·.tJLII) 11\ it~ sovereign capacity, wars or revolutions, ftres. floods, epidemics. tluarautim: J e~ triu ions, aud freight embargoes.

22 .. "\. If afon-e mqjcun: situation arises, tlte Suppli~.:r 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 seck all reasonable alternative means for performance not pre\'cnted by thejim-e nuy'eurr.

23. T e rmination for Default

24.

25.

23.1. The Procuring Entity shall terminate this Contract for default when any of the fo llowing conditions attends its implementation:

(a) Outside ofjom mqjesm?, the Supplier fails to deliver or pcrfonn any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by tl1e Procuring Entity pursuant to a reguest made by the Supplier prior to the delay, ami such failure amounts to at least ten percent (10%) of the contact price;

(b) As a result offor.-e mqjeurr, the Supplier is unable to deliver o r perfonn 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 tenninates this Contract in whole or in part, for any of the reasons provided under GCC Clauses 23 to 26, the Procuring Enti ty may procure, upon such terms ami in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shaH be liable to the Procuring Entity for any excess cos ts for such similar Goods or Services. However, the Supplier shall continue performance of this Contract ro rhe ex tent not terminated.

23.3. ln case the delay in the de!Jvt:'ry of the Goods and/ or performance of the Sc.,· ices exceeds a time duration equivalent to ten percent (10%) of the specified contract time plus any time extension dulr granted to the Supplier, the Procuring Entity may terminate this Contract, forfeit the Supplier's performance security and award the same to a gua.lified Supplier.

Termination for Insolvency

The Procming Entity shall terminate- thl~ l :<,ntlacl if the Supplier is declared bankmpt or insolvent as determined with finality by a C< •Uri of competent jurisdiction. In this CYent, termination will be without compensarion to the.: Supplier, provided that such tennination will not prejudice or affect any right of action or remedy which has accmcd or will accme thereafter to rhe Procuring Entity and/or the Supplier.

T e rmination for Convenience ~ 25.1. The Procuring Entity may terminate this Conu·act, irt whole or in part, at any time fo r its - ~

convcmcnce. The I lead of the Procuring Entity may tenninate a contract for the ;/ convenience o f the Govemment if he has dctennincd the existence of conclitions that If'-" make Project Implementation economically, financially or tcchnjcally impractical and/ or ~ unnecessary. such as, but not limited to, fortuitous event(s) or changes in law and national government policies. \

P•gd4 of 58 g I \,{\\. ( 1 ~ \ \

25.2. The Good~ that haYe been dclin:n.:d and/ or performed or are ready for dcliYery or rerformance within thirty (30) calendar days after the Supplier's receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices. For Goods not yet rerformed and/ or ready for delivery, the Procuring Entity may elect:

(a) to haYe any portion dcli,Trcd and/ or perfonned and paid at the contract terms and price~; and/ or

(b) to cancel thL" n:'mainder and pay to the Supplier an agreed amount for partially completed and/ or performed goods and for materials and parts pteYiously procured by the Supplier.

25.3. Tf the Supplier suffers loss in its initial performance of the terminated contract, such as purchase of raw maletL'lls for goods specially manufactured for the Procuring Entity which cannot be sold in open market, it shall be allowed to reco,·er partially from this Contract, on a qllt~IIIJIIJJ mm"t basis. Before recoyery 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 pn.mafade that the Supplier has engaged, before or during the implementation of tlus Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Cnlawful acts include, but are not limited to, the following:

(a) Corrupt, fraudulent, and col'rcive practices as defined in ITI~ Clause 3.1 (a);

(b) Drawing up or using forged documents;

(c) Using adulterated materials, means or methods, or engagmg tn production contrary to ntles of science or the u·ade; and

(d) Any other act analogous to the foreguin~.

27. Procedures for Termination of Contracts

27 .1. The following provisions shall govern the pmcedurcs for termination of this Contract:

(a) Upon receipt of a writll"u report of acts or causes which may constintte ground(s) for tennination as aforementioned, or upon its own initiatiYe, the Implcmcllling Unit shall, \\'ithin ~~ period of seven (7) calendar days. verify the existence of such ground(s) aud causL" the execution of a Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the Implementing Unit, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveyin~ the termination of tlus Contract. The notice shall state:

(i) that this Contract is being ternunated for any of the {:,trmmd(s) afore- r-\~ mentioned, and a statement of the acts that constimte the ground(s) · .. \ 1

constituting the same; · J

;/v j (ii)

(iii)

the L"Xtent of termination, whether in whole or in part;

an mstruction to the Supplier to show cause as to why this should not be terminated; and Concroc~ ~

1: \\ ( I 4 : ~'\

Page 35 of 58

(iv) special in~tfucliuns of the Procuring Entity, if any.

(c) The NoLict> to '1't:rn.1inate shall be accompanied by a copy of the Verified Report;

(J) Within a period ot :;even (7) calenJar Jays from receipt of the Notice of Termination, the Supplier shall ~ubmit to the I feaJ of the Procuring Entity a verified position paper stating why thit> Contract shoulJ not be tenninateJ. If the Supplier fails to show cause after the:: lapse of the seven (7) day period, either by inaction or by default, the I lead of the Procuring Entity shall issue an order terminating this ( :onu:act;

(e) The Procuring Entity mar, at any time before receipt of the Supplier's verified position paper describeJ in item (d) above withdraw the Notice to Terminate if it is detcnnined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier's receipt of the notice;

(f) \~'ithin a non-extendible period of ten (1 0) calendar Jays from receipt of the verifieJ position paper, the J lead of the Procuring Entity shall decide whether or not to terminate this Contract. lt shall serve a written notice to the Supplier of its Jecision and, unless otherwise providcJ, this Contract is deemed terminated from receipt of the Supplier of the notice of Jecision. The tcrminauon shall only be basl:'d on the gruunu(s) stated in the:: Notice to Terminate;

(g) The HeaJ of the Procuring Entity may create a Contract Termination Review Committee (C1RC) to assist him in the discharge of this function. All decisions recommenJed by the CTRC shall be subject to the approval of the Head of the Procuring Entity; and

(h) The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the conuact at least thirty (30) calendar Jays before its intended termination. The Contract is deemed tenninatcd if it is not resumeJ 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 ur obligations under this Contract, in whole or in part, except with the Procuring Entity's prior written consent.

29. Contract Amendment

Subject to applicable laws, IH' ,·ariation in or moditication of the terms of this Contract shall bc made except by written amen~imenr ~igm:d by the parties.

30. Application

Il1ese General Conditions sh.tll apply to the extent that they are not superseded by provisions of other parts of thi~ Contract.

Page 36 of 58

Section V. Special Conditions of Contract GCC Clause

1.l (g)

1.1 (i)

1.1 (i)

1.1 (k)

5.1

6.2

The Procuring Entity is Philippine Health /nsura11ce Corpora cion (PhilHealth).

The Supplier is [to be inserted ul the time ~(contract award}.

The Funding Source is: Philippine Health Insurance Corporation Corporate Operating Budget for CY 2015: TWELVE MILLION FIVE THOUSAND PESOS (PhP12,005,000.00) for the BIDDING FOR THE PROCUREMh"'NT OF ONE (1) LOT INTERACTIVE VOICE RESPONSE SYSTh"'M (IVRS) AND VOICE LOGGER/RECORDER. The Project Site is at Phi/Health Hearl OJfia Cirystate Cmtre 709 Shaw Blvd., Bw. Omnbo. Pasig City The Procuring Entity's address for Notices is: SVP RUBEN JOHN A. BASA. Cbairper.ron for BAC- Information Tuhnology Resoum.r, Room 1003, 10"' Floor Ci(pla/e Centre, 709 Jbaw Boulevard, J>asig City

Delivery of the Goods and Services shall be made by the Su pplier in accordance with the tem1s specified in Section VI.

Delivery and Documents -

ll1c D elivery terms of tlus Contract shall be as follows:

Interactive Voice Response System (IVRS) and Voice Logger/Recorder shall be cleliven:cl to ilie Philllealth 1-4th F loor Room 1406, Citystate Centre 709 Shaw 13lvd., Brgy. Omnbo, Pasig City. Risk and title will pass from the Supplier to Phill-Iealtl1 upon receipt and final acceptance of the Goods at their fmal destination."

Delivery of the Goods and Services shall be made by tl1c Supplier in accordance with the tem1s spccif1ed in Section Vl. Schedule of Requirements. The details of shipping and/ or other documents to be funushed by the Supplier are as follows:

Upon delivery u f rhe Coods and Services to the Project Site, the Supplier shall notify Phi!Health and present the following docwnents to Phi!Health:

(i) Original and four copies of the SLtpplter's invoice showing GooJs' Jescription, quantity, unit pric~:, and total amount;

(ii) Original anJ four copies Jelivcry receipt / note, railway receipt, or truck receipt; (ill) O riginal Supplier's fac tory inspectton report; (iv) Original anJ four copies of the t-.Ianufacturer's and / or Supplier's warranty

certificate; (v) Original and four copies of the certificate of origin (for unported GooJ s); (vi) Delivery receipt detailing number and J esc.tiption of items received signed by

the authorized receiving personnel; (vii) Certificate of Acceptance/Inspection Report signed by the Procuring Entity's

representative at the Project Site; and (viii) Four copies of the Invoice Receipt for Property signed by the Procuring

Entity's representative at the Project Site.

Incidental Services-

l11e Supplier ts re(1uired to p rovide aU of the following services, including additional setvices, if any, specified in Section V I. Schedule of Requirements:

(a) performance or supervision of on-site assembly and / or start-up o f the supplied Goods;

0)) furnishing of tools Goods;

requireJ for assembly anJ / or maintenance of the supplieJ

§0 ~ ~ 1 ~ ~~'\ (

Page 37 of 58

(c) furrushing of a deta.ih:d opcranon~ aml nuintenance manual for each appropriate unit of the supplied C ;ouLb;

(d) performance or super\'iston or m•Hntenance and/ or repair of the supplied Goods, for a penod of Ume •lgreeJ by I h..: panics, prO\·ideJ tJut this service shall not relicYe the Supplier of an) \Varranl)' obhgatiom under this Contract; and

The Contract pnce for the Good~ sh.tll include the prices charged by the Supplier for incidental services and $hall not exceed the prevailing rates charged to other parties by the Supplier for similar st>rviccs.

Spare Parts -

The Supplier is required to pro\'ide all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier:

The Supplier shall carry sufficient inventories to assure ex-stock ~upply of consumable spares for the Goods for a period of tbrre (3))•etJn.

Packaging-

The Winning Bidder shall provide such packaging of the Goods as is reguired to preYent their damage or deterioration during transit to their final destination, as indicated in tllis Contract. 'l11e packaging shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packaging case size and weights shall take into consideration, where appropriate, the remoteness of the GOODS' final destination and the absence of heavy handling facilities at all points in transit.

The packaging, marking, and documentation within and outside the packages shall comply strictly wtth such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified below, and 111 any subsequent in~tructions ordered by the Phi!Health.

The outer packaging mmt be clearly marked on at least four (-l) sides as follows: Name of the Procuring Enuty Name of the Supplier Contract Description Final Destination Gross weight Any special lifting instructions Any special handlin~ instructions Any relevant I IAZCI lEM clas~ificatiuns

,\ packaging li~t identit~·ing the cum.:nts and quanuucs of the package is to be placed on an acc~ssible point uf the: uutt>r packaging if practicaL If not practical the packaging list is tu be placed inside the outer packaging but outside the secondary packagin~.

Insurance-

The Goods supplicJ under this Contract shall be fully insured by the \\'inning Bidder in a fred~' convertible cmrency against loss or damage incidental to manufacture or acquisition, aansportation, storage, and delivery. l11e Goods remain at the risk and title of th.: \X'imling Bidder until their fmal acceptance by the Phill-1 ealth.

Transportation-

'\i -.J ;/v

PhilHealth accepts no liability for the damage of Goods during transit. In the case {-/ of Good, 'uppli<d from withtit th< l'hilipptit<> M '<>PPli<d bv dom<>tic Supp\iw- ~ Vi(

P•gd8of58

1 ~ ~ \ ~(

10.2 10.4

13.4(c) 16.1

17.3

17.4

21.1

risk and title will not be deemed to have passed to Phil.Hcaltl1 until their receip t ami final acceptance at the final destination.

Patent Rights -

·n1e Winning 13idder shall indemnify the PhilHealth against all third-party claims of infringement of patent, trademark, or indmtrial design rights arising from use of the Goods or any part thereof. NO FURTHE R JNSTRUCriONS NO FURTH ER INSTRUCTIO NS NO FURTI IER INSTRUCTIO NS 111e bidders should be able to comply with the following:

• The winning bidder sbould work in parallel with P I IILHEALTH Infonnation T echnology l'v1anagement Department (JTMD) during the installation, testing, and commissioning of the Project.

• The bidders must ensure that the proposed Interactive Voice Response System (IVRS) and Voice Logger/ Recorder are compatible \vith the existing equipment of PI l ILHEALTH.

• In tensive testing shoultl be done by the wmmng bidder to achieve the functionality and benefit~ of the Interactive Voice Response System (IVRS) and Voice Logger/Recorder.

• The maintenance period will be fo r a period of three (3) years.

• All software/hardware should be coven:d by warranty on services, upgrades and updates ou Interactive Voice Response System (IVRS) and Voice Logger/Recorder within the maintenance period which shall commence upon acceptance of the deli,·ered goods.

• The $ervice warranty (parts and labor) shall cover three (3) years from the tlate o f acceptance.

• During the warranty period, the winning bidder should successfully provide technical a ~sistance for system and hardware, maintenance and support.

• The obligation for the warranry shall be covered by a retention money in an amount equivalent to ten percent (10%) of the total contract price from where the penalty for the delay un service response time/issuance of service un.it shall be charged. The said amount, net of deduction (if any), shall only be released after the lapse of the warranty period.

The periotl for correction of defects within the warranty periotl are: • The bidders should be able to provide expert personnel to servtce the

Interactive Voice Response System (IVRS) and Voice Logger/ Recorder whenever problems should occur.

• T he w.iruu ng biJJ ... r should provide a 2-h:7 pho ne and tecluucal support to

Phill Icahh within Lhc three (.3) years contract.

• Expenses for the technical personnel who will provide the technical service on­site to PI II 1.1 n :;:ALTI I shall be at the expense of the winning bidder.

NO ADDITIONAL PROVISION

.,

Page 39 of 58

Section VL Schedule of Requirements

The delivery schedule cxpresseJ as days/weeks/months s tiplllates hereafter a deli ... ~ery da te which is the date of the delivery to the project site.

Item Quantity Delivered,

Description Total Days / Weeks I Number

Months

Interactive The Delivery and Voice Installation shall be within

I Response Thirty (30) Calendar Days

System (IVRS) ( )nc( l) Lot One (1) Lo t after the issuance and and Voice receipt of the winning Logger/ bidder of the Notice to Recorder ' Proceed

I hereby certify to comply and deliver all the above requirements.

Name of Company /Bidder

·t

Signature over Printed Name of Repres en ta tive

l'age 40 ot 58

Date

Section Vll. Technical Specifications

SPECIFICATIONS

Statem ent of

Compliance

* Statement of Compliance- Bidden; must state here either "Co mply" or "Not Comply" aga ins t e3ch of the individ ual parameters of c3ch Specification stating the corresponding pcrfonnancc par.unetcr o f the equipment offered !'talC!n<'llls of "Cnmply" or "No1 Comply'' must lx suppo rtn l by cn dtncc Ill .1 H1ddcrs B1J .tnd cro~s-ref,·renccd to that C\1J cncc. I :,,1.dcnc<· :<h:tlllx· 111 th<· fnnn n f maoufacnm:r's un-.tmcndcd sales lircramrc. unconJ tt1onal sl.ll<mcnts o f sp.:cificJnon and comph.1nc" 1ssucd by the nunufacn1rcr, sampk·s. mJ,·pcndcnl test J ata CtC., :t.< Jppropnalc .'\ statement that IS not SUJ'[>Ori<:J by cndcnc.: ur I> subSL<)lll'ntiy fuunJ tO be COnl!aWCtcJ by the n idl'OCl' pt<-,<<~llnl Will rc"dcr the R1d unJcr cmluat.ion hablc for rCJLCUon .\ >taknk:nt u rhu m the HtJJ cr.; statement of comphancc o r the suppo rttng n iJ cncc that 1s found to lx false <'It her Junn~o~ BtJ cvalu,tlton, p<>ShjuJhtic.ltlnn <It rhc cxccuuon of the ( :ontr.!CI may lx• rc)..>ardcd as fra udulent and rcnckr th<· Riddn or supp lit:r hablc for prnsccuunn subtccl w Lh~ pru' 1S1oll> c>t ITB ( :!Jut<<' I I (.l)(i•) md/ or GCC C '!,1us~ 2. l (.•)(ti).

1. SPECIFICATIONS

INTERACTIVE VOICE RESPONSE SYSTEM

General Features of IVRS

1. Must be a high-pcrfonnailce anJ high-re::hability lnteracti\•e

Voice Response sys tem to mcer the call center group

demand.

2. Must have nauve capabiliries to :;upport and interwork with

the eXlstmg PaBX o f PhiiHcalth which 1s Avaya

Communications Manager.

3. Must support Voice over IP.

4. Must be a Web Services based software platform that blends

the IP Telephony and web applications.

5. Must be open, Web-cen tric, J ava-based architecture that

designed for easy integration. The proposed solution shall be

standards-based architecture, which supporting HTTP, XlvlL,

Java, and VoiccXML.

6. Must run on Linux-based operating system and shall certified

run on Red Hat] .inux Enterprise certified server.

7. The proposed systems management tool must be a Java2

Sen -let Environment for centralized management of the

proposed fVRS system.

8. Must support industry standard J2SE Sen.•lct archive (\<! r\R)

as application execution environment.

9. Must support IBM WebSphete, Apache Tomcat, or BEA

Weblogic as application server environment.

System Features and Capability

1. Must support dynamic port allocation.

2. Must support the H.323 interface to the P,\BX for call control.

3. Must support RTP protocols to communicate with the PABX.

4. tviust be connected to the P.ABX without any dedica ted Line

interface boards (only just LAN carJs).

5. Must support the following: ~--------------

Statement of Compliance •

a. VoiceX!\11, 2.0 / 2.1

b. Converse V ccrur Sh:ps and Rt'fulll

c. Networked Speech Engines ,·ia Rcsotlrce Control

Protocol (1\ IRCP) \' crs ion I and \' crsion2

d. 1\[anaged tlU'ough SOAP / X:t\fL/ WSDL defined Web

Sen·ices

6. !\lus t support G.71l, G.729, G.729a and C.729b audio codcc.

7. The management too l musr collects logs, alarms, Call Detail

and Sess ion Detail records from the proposed system.

8. The management tool must be d ynamic mo nitoring and

redistribution of VoiceXML licemcs in case of hardware o r

software failure~.

9. The management tool must support built-in, no adJeJ cost

reports that proviJc information about applications, call

activity, anti system performance.

10. The management tool must have the following reports

available:

a. Application - lessages generated b r applications

runrung o n the IVR system. This report shall answer

questions such as "\Vhat paths arc callers ra king

through the IVR applications?", "What sen rices arc they accessing?", and "Where are they exiting/ disconnecting

our of the IVR?"

b. Call Summary - Summary info rmation about aU calls

based on the specified filtering optiom, which includes,

statistics such as number of calls by end type and

number of calls by application. I\L'io, calls per day, by

hour, by duratio n, by area coJ e, etc.

c. Call Detail - D etails of all calls and individual calls

based on the specified filtering options.

d. Call Traffic - Information about ca ll rraffic and call

,·olwnc based o n the specified filtering options.

c. Performance - Information abo m system performance

and resource usage based on the spc(ified filtering

o ptio ns incl~1ding overall platform p erformance

measurements for CPU, .t-..!emory, ~l ard Disk and Po rt

utilizatjon. Performance reports include the ability to

,·icw performance over a specified period of time.

f. Call f- lo w Report - Tracks how callers arc navigating

through tbc applicatjons. Sample report below.

I 1. Must support multi-tenancy and ha\'e logical partitioning with

Role Based .Access Control

12. !\lust ha\·e SNMP based alarms and traps

13. !\lus t pro,·iJe the capabilities for Jcbugging, tracing and fault

finding.

14. Must suppo rt a comph:rc st:ssio n log th at ca n be viewed tJ \ tluough the Audit I .og Viewer, which keeps a rime stampcJ log / -Y \

~~--~-Page 4-2of58~~~0~~~1~

L

of every transaction pcrfortneJ by an individual while they are

logged onto the system.

15. Must support the following security setting:

Connectivity

a. password protection;

b. password aging;

c. maximum number of retries;

d. password length;

e. login time out due to inactivity;

f. SSH for remote technician access;

g. SSL (encryption between the platform and an external

J2EE application server); and

h. SSL (enc ryption between the platform and an external

J2EE application server); and

t. Certificates

l. Must able to integrate with existing P. \ BX without any 3rd

party hardware components.

2. Must support the H.323 interface to ~.:xtsting J> A BX without

any 3rd party hardware components.

3. Must ha\'C ports that shall register as IP endpoints with the

PA BX.

4. Must contain 30 voice channels for the production.

Application and Backend Interface

1. Must include an Lntegra tt:d D evelopment Environment

(IDE) which is based un Eclipse development and Java

framework

2. Application devclopmct\t tool must give developers the

flexibility to des ign and change applications from a desktop

PC. 3. Application development tool must prmride windows \vith

familiar fea tures such as pull-down menus, toolbars, drag­

and-drop, and cut/ copy I paste.

4. Application development tool must include:

a. Phrase I ·:di tor and Recorder

b. Prompt Editor and Builder

c. Grammar Editor (for Speech applicatiot1) ~

d. Call Plow Editor

e. Comprehensive debugging module \ \

5. 1\pplication development tool must support the following \J functions: fv

L------------a-·--~-~-ud_ltt_~~~~ng-ru_a_l __ C_a_l_l __ F_lo_w_·s __ '_"_it_h __ d_y_n_a_m_i_c __ la_n_g_u_a_g_e ____ J_ ________ ~~~~. ~ ( ~ Page 43 of 58 R". ~ v~

1~ ~ \(

b. Cotrunon Voice Browser

c. Common Voice Browser

d. Live Application Highlighting

e. Pre-built modules fur common Self-service functions

f. Pre.-built J DBC and Data bas~: Integration

g. Wizard for Web SerYices consumption (WSDL.

Soap/XML)

h. Pre-built Avaya cr (JTAPI) functions

1. Supports Ja\·a · Class I ~xtensions for Common

business logic; Enterprise J<waBcans (EJ B); and Java

Message Service (J MS).

6. Application development tool must have simula tion

environment, which allows the application developer to verify

and troubleshoot the nujority of the application's

functionality within the development environment rather

than requiring full deployment to the nmtime platform for all

tes ting.

7. Must have a call flow development tool shall natively support

Speech and Video call flow J evelopt11ent

Advanced Application and Function Support

1. Must support bo th H.323 and SIP protocol on the same box

2. Must have the capability to support robust Call Progress

D etection and Call Classification.

3. Must have the capability to support .A uromated Speech

Recognition (ASR) and Text-to-Speech (TTS) integration.

4 . Must have the capabili ty to support the following advanced

applications below :

a. Callback Assist (CBA)

b. Proactive Outreach for Payments Solution (POPS)

c. Proactive Outreach :lvlanagcr (POI\f)

d . Cus tomer Connections Applications

VOICE LOGGER I RECORDER

General Features of Voice Logger

1. Must be Integrate & connect to eXlstmg P 1\BX which is

Avaya CM 7

2. Must record all Incoming & Outgoing calls - Trunk calls,

J .ocal to local, etc.

3. Must be capable of multiple & simultaneous archiving

4. I\.fust be capable of multiple types of recording interfaces

such as analog, digital and VOIP in one (1) server

~ ;fJ

~----------------~--~~v~~ r 1-J- )f)~~~~

Page 44 of 58

Server Specification

1. 1\fust be a Microsoft Windows SetTer 2012 R2 operating

system

2. Must be multiple itueg~arion anu connectivity capable with

multiple PBX systems

3. Must have at least 30 channds Audiolog Operational

Recording (per phone/ seat or radio channel) -includes VoiP

Vi\M, VoiP Signaling, CL'I (CTILink and lntclliLink), f'ree

Seating, Service Observe.

4. Must be rack optimized setTer board supporring two Intel®

Xeon processor E5-26UU \'.) family up to 145W, 24 Dli\IMs,

and two 1-Gb Ethernet ports

5. Must be Intel Xcon Processor E5-2603 v3 (15J\I Cache, 1.6

GHz)

6. Must have at least 2-Slor PCI-e Telephony

7. Must be SQL 2008 Express Database

8. Must have at least 4GB Memory

9. J\Iust ha,~e a RedunJant Hot-Swap 750W (1 + 1) ReJundant

i\C-DC 80 PLUS

10. Must be 2 x lTB Drive, 7200 Sr\TA 3.5" EP (HDD-ST2R 1)

HarJ Disk Drive

11. Must be a branded Blu-Ray Disc (tray load) Optical Drive

12. Must have an Integrated on-board dual 1-Gb Ethernet ports

based on Intel® Ethernet Controller B50 S2600WlT or

Optional: Intel® PR0/ 1000:t\1T Dual Port NlC

13. Must be RoHS compliant Voice Lo~>er Server

Archiving, Storage Medium Capacity

1. Must archive at Hard Disk and 25/5UGB Blu-Ray Disc

2. !\Just have an online recording storage of ITB

3. Must be programmable -> G.711, ,\DPCI\1 (24Kbps), GSM

(13Kbps), G.729A (8Kbps), G.723.1 (5.3 & 6.4Kbps)

4. Must be Programmable from 1 day to I year and must have

at least 6months online retention

5. Must support- either Blu-Ray Disc or USB attached external

Hard Disk later

6. Must support Network AttachcJ Storage

Security Management

1. Access control mechanism must be custornizablc

administrator and user profiles

2. Must support alarms thru email

'~\ \ \ '

~~ (f ~ I

'------------- Pa-ge 4-5 of-58 ---------'-------f-~1'6~~ ? :

Record and Playback Functions

1. Must be Capable of DTMF, Off h ook, ( >11 hook, Ringing.

Voltage, D-channcl and continuous recording triggers

2. Conversation of recorded messages must be convertible to

.wav and the like extensions

3. Channel monitoring must allow li\·e monitoring

4. Searching of recorded messages must allow search modes -

Date, Time, Channels with range

5. Mus t h ave at least o ne (1) concurrent web based playback

Reporr Generation

I. i\lust be capable of reporting and generating reports with a

list of recordings arranged by date, time and duration of the

c:~ll , and the agent's extension number

2. Mus t be capable of reporting and generating reports w ith a

list of each recording made during the selected date and time

period for the selected channds or agents

3. l\1ust be capable of reporting and generating reports with a

list o f recordings that have been played back, copied, emailed

or downloaded

Administration J

1. !\·lust support remote adrn11~1cion thru LAN / WAN

2. SUPPLY, INSTALLATION AND TESTING

1. The delivery of the units Lnstallation and configuration o f the

sys tem shall b e 1 000.1o completed within thirty (30) calendar

days upon receipt of the Notice to Proceed by the winning

bidder.

2. The \vinning b idder must provide the fo llowing:

3.

1. User and system manual s and technical m aterials

system manuals, troubleshooting and installatio n

guide;

u.

Ill.

Complete documentation of software and

licenses, hardware and installation disk, if any, and

Certification from the proYidcr that they are an

"Authorized Dealer" of th<.: system being

can:ieJ / distributed.

PH ILH EALTH technical personnel together with the

Inspection Committee must revtew and approve the

ins talla cion and tes ting conducted by the vendor on the

fo llowing:

Page 46 of 58

.--------------------------------------------- -1. Full compliance to functional rc4uircments

11. Installation of the system ro Phi1Hcalth identifietl

server

1ll. Running condition

r\11 delivered uems should pass the requirements mentioned

above before the final acceptance.

3.TECHNICAL ASSISTANCE AND AFTER SALES SUPPORT

1. The wmmng bidder sha ll pro\·idc a technical team and

dedicated personnd or support staff who will be tasked with

the supply, delivery, configuration, installation, testing and

maintenance of the dclin!rcd unib.

2. I ·:ight (8) hours a Jay anJ five (5) days a week (8xS) on-call

and on-site support must be made available to PI-IIC The

provider shall proviJc after sales support for any malfunction

and technical error that the enJ -user would experience along

the way. "The seller should respond on the technical problem

within 24 hours after the report.

The Service Response Time Issuance of Service Unit (SU)

On­Call

On-Site Remarks Replacing the Remarks Unit thru SU

Sam 5 pm next The on-sttc servtce Within 48 A penalty

to

Spm

business

Jay (on-

engmecr or support

staff should be able

site cut-off to provide

hours after the

011-S HC cur-off

period of the

Sen-icc

Response

Time

shall be

imposcJ if

lapses

occurred

after 48 hours cut-

period) recommeoda tion

within the cut-off

perioJ. Penalty shall

be irnposcJ if lapses

occurred after the

cut-off period

.. , . off period

3_ To properly monitor or \'aliJatc rhc pcrfotmancc, the

service engineer or support staff is rcljuircJ to proviJe a

service / job order form inJicating rhc current Jate, time

anJ the transaction that transpired in the PHIC office.

4. As soon as the senrtce engmeer or support sta ff haJ

checkeJ and declared that the system cannot be

configured or repaired within the service response time or

on-site cut-off pcrioJ, the reinstallation or service un its

should be made available within the next 48 hours.

S. Any movc/·mcnt of senrtce unit and ~

malfunctioned repaired unit shall be charged against the ( y I \)

~----~--P-age4-7of5-8~--~~~~~~~~~~

account of the wmmng supplier. If the malfunctioned

unit cannot be repaired after 15 working days from the

time said unit had been pulled-out for repair, the said unit

shall be replaced with a new unit of equal or higher

specifica cion.

6. A strict implementation of 1 °io penalty of the unit price of

the non-working system or defectin: ttcm shall be

imposed for everyday of delay on service response

rime/issuance of a non-working system or service unit

7. The wmrung bidder shall provide a sernce report

(indicating all events during the period of after sales

support) twice a month, in a form of mail and e-mail

addressed to Philf lcalth identified office during the

warranty period.

8. The winning bidder shall coordinate with PHIC ITRl\lD­

ITMD regarding the technical support after the award of

project in order to facilirate a faster response with the

needed support.

9. The vendor must prO\-idc free technical trainings for

PhilH ealth personnel that will support the equipment.

The trainings shall focus on the technology used by the

equipment and its applications and must include hands­

on exercise(s). The training should be conducted by the

Certified Engineers at the Training Center/Facility of the

wmmng proponent. In addition, the proponent must

conduct users training. All expenses that pertain to the

said training should be shouldered by the wmrung

proponent. The trainings are listed below:

Trai11it~~ / Cotm·e Ti!lt•

Administration, Configuration and .Maintenance of

IVRS and Voice Logger system

User Training for IVRS and Voice Logger System

4.W ARRANTY I MAINTENANCE

No. Of Participants

4- Administrator/IT

:1 - CAC

30 Participants from

CAC

l . The service warranty (parts and labor) shall cover three (3)

years from the date of acceptance.

2. During the warranty period, the wmmng bidder should

successfully provide technical assistance for system and

hardware, maintenance and support.

3. The obligation for the warranty shall be cm-ered by aretention

Page 48 of 58

;---------.,------------ ----money in an amounr C(Juivaknr to ten percent ( I 01Yc1) of the

total contract price from whl'rc the penalty for the delay on

service response time/i~suancc of serncc untt shall be

charged. ·n,e saiJ amount, net of deJuction (if any), shaU only

be released after the lapse o f d1e warranty perioJ.

4. Maintenance o f system shall be covered for the period o f three years.

5. DELIVERY

The winning bidder shall deliver and install the solution to Room

706 & 707, 7th floor 709 Citysta te Center Bldg., 13rgy. Oranbo,

Shaw Bh·d., Pasig City, Metro Manila. All expenses for the

delivery of the INTERACTIVE VOICE RESPONSE SYSTEM (IVRS) & VOICE LOGGER/RECORDER shall

be at the expense of the winning bidder.

D eliveries shall not be allowed after office hours, during

weekends and non-working holidays.

6. PENALTY CLAUSE

A penalty of one-tenth (1 / 10) of one percent ( I 0 o) of the cost of

the delayed goods scheduled for delivery for every day of delay

shall be charged unril such goods arc finally delivered and

accepted by the PH l C au tho rized representatives.

7. PAYMENT

Full payment shall be matk up<Jn complete delivery anJ

acceptance of good and ~ubmission of the following

documentary requirement:

a. Perfected Conrract '

b . Delivery Receipt and Sales Invoice

c. Inspection Reporr

d. Certificate: of Acceptance

I hereby certify to comply with all the above T echnical Specifications

Name o f Company/Bidder Signature over Printed Name of Representative

Page 49 of 58

SectioiJ VIII. Bidding Forms

Page 50 of 58

Annex "A"

Statement of all Ongoing Government &Private Contracts Including Contracts awarded but not yet started

(whether similar or not similar in nature and complexity to the contract to be bid)

Business Name Business Address Period

Name of Da te of Kind of Amount of Valu e of Date Awarded

Contract/ Contract Goods Contract Outstanding/Und eti ... ered Portion

(for ongoing contracts)

Government Contrac t/ s

Private Contract/ s

"SINGLE LARGEST COMPLETED CONTRACT SIMILAR TO THE CONTRACT TO BE BID, I equivalent to at l~ast fifty percent (50° u) of the Approved Budget for the

Contract (ABC)! within)anuary I, ~0 14 w December 31, 2015 Name of Contract Amount Submitted Proof (Contract

(at least 50% of the OR Purchase Order AND Approved Budge t for the End-User 's Acceptance OR

Contract) Official Receipts

Page 51 of 58

The Chairperson Bids and A wards Committee PHILI-IEALTI-1

Gentlemen and /or LaJies:

Annex "B"

Bid Form

Date: Invitation to BiJ No.:

Having examined the BiJJing Dowmcnrs incluJing Bid Bulletin Numbers finserl 1111/lllm:rf, the receipt of which is hereby July acknowledged, we, the undersigned , offer to supply/delivery/ perform Interactive Voice Response System (IVRS) and Voice Logger/ Recorderin confom1ity with the saiJ BidJing Documcllls for the sum stated hereunder:

COST per Lot Total Cost PARTICULARS (Inclusive ofVAT) (Inclusive of VAT)

-TOTAL

(In Words) ' . .. .

\Y/e undertake, if our Bid is- acceptcJ, to deliver the goods in accordance with the delivery schedule specified in the Schedule of Retjuiremcnts.

If our Bid is accepted, we .undertake to proviJe a performance security in the form, amounts, and within the times specified in the BiJding Documents.

We agree to abide b y this Bid for the Bid Validity Period specified in BDSprovision forlTB Clause 18.2 and it shall remain binJing upon us and may be accepted at any time· before the expiration of that period.

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 unJcrstand that you arc not bound to acct>pt the lowest or any Bid you may receiYe.

We certify/ conftnn that we comply with the eligibility requirements as per TTI3Clausc 5 of the Bidding Documents.

Dated this ________ day of ______ _ _ 20. __ _

f.r(~lll/llfn:]

Duly authorized to sign Bid for and on behalf of _______________ _

{!, ,r \ (,0

1 ~~~~ Pagl' 52 of 5H

Name of Addressee Address

Sir/ Madam:

Annex "B"

Having been detcmtincd to be the Lowest Calculated Bid (LCB) on the Bidding for the Procurement of One (1) Lot lnter~lcti,,e Voice Response System (IVRS) and Voice Logger/Recorder, you are hereby required to submit to the PHILHEALTH Bids and Awards Committee for Information Technology Resources (BAC-ITR) through its Secretariat, within a non-extendible period of three (3) calendar days from receipt hereof, the foUowing documentary requirements:

l. Certificate of Philtppinc (;oH-rnmcnt Ekctronic Procurement Systems (G-EPS or PhilGEPS) Registration or Ph!l<..;EPS Registration Number if the procuring entity is a Philippine foreign office or post, pn>,·idl'd that participating b idder should regis ter with the Phi!G EPS pnor to bid open mg.

2. Photocopy of T axpayer's Identifica tion Number (T.I.N.) Card of the proponec·nt 's Company

3. Bureau of Inttrnal Rt•vcnlll' (B!R)\'aluc .\dded T ax Registration Form and PaymelH rorm (TIIR Form No. 2303 anti (J605)

4 . The bidder's annual income tax return (ITR) for CY 2014stampt·u " received" by the B I R and duly validated.

5. The bidder must present its latest Business Tax Return (Value 1\uJcd Tax ur Percentage Tax) via the Electronic Filing and Payment System (EFPS) covering till· period from July 2015 - December 2015. (Fdre.tit•e Mqr I. 2005 o11!y Tux Rrtum ... jiled thro1~~h the EFPJ Jha/1 be at~'l!pted).

Failure of the Bidder declared as the LCB to duly submit the above requirements or a finding against the veracity of s uch shall be ground for forfeiture of the bid security and disqualification of the Bidder for award.

For compliance.

V cry truly yours,

Chairperson BAC

' Page 53 oi 58

Annex "D"

Contract Agreement Form

THIS 1\GREEMENT made the day of 20 __ between Phliippi11e H wltb lnJifranre Cmporalion o f the Philippincs(hereinafter called "Phil Health") o f the o ne part and (name r!{Supplie1j of {ci(y and I'OHIII!Y ofSupplietj (hereinafter called "the Supplier") of the other part:

WHEREAS the PhilHealth invited Bids for certain goods and ancillary services, , ·iz., Bidding for tbe Procurement of One (1) Lot Interactive Voice Response System (IVRS) and Voice Logger/ Recorder and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of [t·ontracl price i11 wordr u11djig11re~7 (hereinafter called "the Contract Price").

NOW T HIS AGREEMENT WITNESSETH ,\ S FOLLOWS:

1. In this ,\ greement words and expressions shall have the same mearungs as arc respectively assigned to them in the Conditio ns o f Cun tract referred to.

2. The following tlocuments shall be deemed tu form and be read and constn1ed as part of tlus Agreement, -.·iz.:

(a) the 13id Form and the Price Schedule submitted by the Bidder; (b) the Schedule o f Reyuiremcn ts; (c) the Technical Specifications; (tl) the General Conditio ns of C0'11tract; (e) the Special Conditions of Contract; anti (f) the E ntity's Notification of .\ward.

3. In consideratio n o f the payments to be made by PhilHealth to the Supplier as hereinafter mentio ned, the Supplier hereby covenanb \vith the PhilHealth to prO\·itle the goods and sen·ices and to remedy defects therein in confonnity in all respects with the provisions of the Contract

4. PhilHealth hereby coYenants to pay rhe SuppJjcr in consideratio n o f the provisio n o f the goods and sen·ices and the remedying of defects therein, the Contract Price or such other sum as may become payable untlcr the provi-;io ns of the contract at the rime and in the manner prcscribetl by the con tract.

IN WITN I ~SS whereof the parties hereto have caused this .. \ greement to be cxecutt:d in accordance with the laws of the Republic of the Philippines on the J ay and year ftrsr above written.

Signed, sealed, delivered by ________ the _______ (for PhilHealth) ~ Signed, sealed, dcli\'ered by ________ the -------- (for the Supplier). . \}l

Jv -/ ~

1 ~~~\~ Page 54 of 58

Annex "E"

Omnibus Sworn Statement

REPL' BLIC OF T H E PH ILIPPINES ) CITY /i\fLTNICIPALI'lY OF ) S.S.

AFFIDAVIT

I, [Name qJ>UJianl}, of legal age, ICiJrtl J/a/m ', . Nt~lionaliryj, and residing at fAddre.rJ qf/ !f/iunl/, after haYing been July sworn in accordance with law, do hereby Jcpo::;c and state that:

I . Select one, delete tl1e other:

[fa sole proprielorsbtp: I am the sole proprietor of Name q/ Ridder' with office address at ,addrm q/ Bidder·;

[( a parlner.riJJp, mrpomlion, t·oopemlillt, or ;om/ tlt:fl/llre: I am the duly authorized and designated representative of (Name q/ Bidder} with office address a t faddrrJJ qf Bidder};

"' Select one, delete tl1e other:

If a JO!e proprietorship: As the uwner and sole proprietor of (Name rif Biddnj , l have full power and authority to Jo, execute and perform any and aU acts necessary to represent it in rhc bidding for the procrncment of One (1) L ot Interactive Voice R esponse System (IVRS) and Voice L ogger/Recorder[lTB No. IVRS2015-019-ITJ o f the Philippine I feai!IJ fllsllralll'l' Corporation;

{(a parlner..-!Jip, t'orpomlion, cooperalil~t, or join! t>r:nlmr: 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 b idding as shown in the attached sla/t title ~( trllal'hrd dommwt J·bowing pmif q/ a11/bori:;_alio11 (e.g .. du(y nolmi::;pi S em/my:.- Ce!1fjicalt: iJ.wed lij the totporalion or the memberJ q/ I be joinlt•etrlure)f;

3.

..J.

5.

;Name q/ Bidderl is not "blacklisted" or barred from bidding by the Go\'crnment of the Philippines o r any of its agencies, offices, corporations, or Local Government Units, foreign government/ foreign or intcrnat.ional financing institution whose blacklisting rules have been recognized by the Go\·ernment Procurement Policy Board;

Each of the documcnrs subminnl in satisfaction of the bidding rcquit·cments is an authentic copy of the original, complete, and all statements and informa6on provided

therein arc tmc and correct; ~

t"Name of Bidder'is aurhorizmg the He--.t<.l of the PhilHcalth or 1ts July authorized rcprcscntative(s) to verify all the documents submitted;

~ \ •

l'o~gc 55 o{ 58 0 r:,c\"~

6. Select one, delete the rest:

[/a J·o/e prvprietorJhip: I am not related to the Head of the Phil Health, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the Br\ C Secretariat, the head of the Project Management ( )ffice or the end-user unit, and the project consultants by consanguinity o r affinity up to thc third civil degree;

[/a partnership or cooperalitJC: None of thc officers and members of /Name of Ridder} is related to the Head of PhilHealth , members of the Bids and Awards Committee (BAC), the Technical Working Group, and the B1\C 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;

~/a ~mporation or joint t'e!l/ure: None of the officers, directors, and controlling stockholders of [Name ~/ Bidderj is related to the Head of the P hilHeaJth, members of the Bids and Awards Committee (13t\C), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultan ts by consanguinity or affinity up to the third civil Jegrec;

7. (Name '!/Bidder) complies with existing labor laws and standards; and

8. ;'Name ~( Bidder! is aware of and bas undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conuitions, local or otherwise, affecting the implementation of the Contract;

c) Made an estimate of the facilities available and neeucd for the contract to be bid, if any; and

J) Inquire or secure Supplemental/ Bid Bulletin(s) issued for the [Name of/he Pmjed/.

9. [Name ~( Bidderj Diu not gi\·e or pay directly or indirectly, any commission, amount, fee, o r any form of consideration, pecuniary o r otherwise, to any person or official, personnel o r representative of the Government in relation to any procurement project or acti,·ity.

IN W ITNESS W HEREOF, I have hen:unto set my hanJ this _ day of __ , 20_ at ______ , Philippines.

.~

Bidder', Rcpre,.ntaci,•c/ Audwrized Signatory -1 J'{ JUR-rr r~ \J~

Page 56 of 58

X/~~ ~~l\\(

Annex "F"

REPUBLIC OF THE PHILIPPINES) CITY OF ) S.S.

"-------------------------------------------------------x

BID-SECURING DECLARATION Invitation to Bid/ Request for Expression of Interest No.1: [Jil.fert n'jerefftl' n11mber_: To: (Insert name and address qf 1/g Prrm11i1{g E nli(yj

1/ We, the undersigned, declare that:

1. 1/ We understand that, according to your conditions, bids mus t be supported by a Bid Security, which may be in the form o f a BiJ-Securing Declaration.

2. I/ 1/Wc accept tl1at: (a) 1/ we will be automatically disqualificJ from bidding for any contract with any procuring entity for a pcrioJ o f two (2) years upon receipt o f your Blacklisting OrJer; anJ, (b) l / wc will pay the applicable fine provideJ under Sectio n 6 o f the GuiJclincs on the Use of Bid Securing Declaration, within fifteen (15) Jays from receipt of the written demand by the procuring entity for the co mmiss ion of acts resulting to the enfo rcement of the bid securing Jcclaration under Section 23.1 (b), 34.2, 40. 1 and 69.1 (f), of the TRJt of RA 91 84; without prejudice to o ther legal ac tion the

government may unJcrtakc.

3. 1/ We understand that this BiJ-Securing Declaration shall cease to be valid on the following circumstances:

(a) Upon expiratio n of the bid validity perioJ, or any extensio n thereof pursuant to your request;

(b) I am/ we arc declared indigiblt: o r posr-disgualified upo n receipt o f your no tice to such effect, and (i) I / w{' failed to timely ftlc a regues t for reconsideratio n or (ii) I / wc flied a waiver to a\•ail of said right;

(c) T am/ we arc J eclarcd as the biJder with the Lowes t Calcula ted and Rcsponsh·c Bid / Highes t Rated and Responsive Bid4, and 1/ we have furnished the performance security and signed the Contiact.

Page 57 of 58

r IN WITNESS WHEREOF, 1/ Wc haYe hereunto set my/our hand/s this _ _ day o f mo11/b Li'ttlr at jJiace ~/t.W(I(Iioll , .

[Ir1sert NAME OF BIDDER'S AUTHORIZED REPRESENTATIVE) [Insert signatory's legal capacity)

;\ ffiant

SUBSCRIBED AND SWORN to before me thi::. _ J ay o f :mo111h .._ )'ear1 at :pla(e ~( e:wmlio11, Philippines. Affiant/s is / arc per:oonally known to me and was/were iJcntifieJ by me through competent evidence of identity as JdineJ 111 the 200~ Rules o n Notaria l Practice (A.M. N o. 02-H-13-SC). Affiant/ s exhibited to me his/ her inm1 !Jpr ol,~ot'tnt!IU/11 idrnt[ficatiotJ t"tml used), with his / her pho tograph and signarurc appearing thereon, wuh no. and his / her Community Tax Certificate No. Iss ued o n a t ---

Witness my hand anJ seal this __ day o f lllfJIIIb J '(nr.

D oc. No. Page No._ Book No. Series o f _ _

..

P .. g~· 58 (,f 58

NAME OF NOTARY PUBUC Serial No. o f Commissio n - -----Notary Public fo r until _ _ _ _ Ro ll of Attorneys No. _ _ _ PTR No. _ , , date Lumd , tPiace i.rmedj li3P No._, [dale isSJied], fp/a(e i.rmrd}