11.3.
12.
(a)
On Contract Signature: Fifteen percent (15'~'o) of the Con tract Price shall be paid
within sixty (60) days from signing of the Contract and upon submission of a
claim and a bank guarantee for the equivalent amount valid until the Goods are
delivered and in the form provided in Section VIII. Bidding Forms.
(b)
On Delivery: Sixty Five percent (65°'u) of the Contract Price shall be paid to the
Supplier within sixty (60) days after the date of receipt of the Goods and upon
submission of Lhe documents (i) through (vi) specitled in the SCC provision on
Delivery and Documents.
(c)
On Acceptance: 'The remaining twenty percent (20%) of the Contract Price shall
be paid to the Supplier within sixty (60) days after the date of submission of the
acceptance and impcction certitlcate for the respective delivery issued by the
Procuring Entity's authorized representative. In the event that no inspection or
acceptance certificate ts issued hy the Procuring Entity's authorized
representative within fmty tivt: (-1-5) days of the date shown on the delivery
receipt the Supplier shall have the right to claim payment of the remaining
rwenty percent (20%) subject w the Procuring Entity's own verification of the
reason(s) for the failure to issue documents (vii) and (viii) as described in the
SCC provision on Delivery and Documents.
All progress payments shall first be charged against the advance payment until the latter
has been fully exhausted.
Taxes and Duties
Tite Supplier, whether local or foreign, shall be entirely rt:sponsiblc for all the necessary taxes,
stamp duties, license fees, and other such levies imposed for the completion of this Con tract.
13.
Performance Security
13.1.
\X.'ithin ten (10) calendar days from receipt of the Notice of Award from the Procuring
Entity but in no case later than the signing of the contract by both parties, the successful
Bidder shall furnish the performance security in any the forms prescribed in the ITB
Clause 33.2.
13.2.
The perfmmance security posted in favor of the Procuring Entity shall be forfeited in
the event it is established that the winning bidder is in default in any of its obligations
under the contract.
13.3.
The performance security shall remain nlid unril issuance by the Procuring Entity of the
Certificate of Final Acceptance.
13.4.
13.5.
·rbc performance security may be released by the Procuring Entity and returned to the
Supplier after the issuance of the Certificate of Final Acceptance subject to the following
conditions:
(a)
TI1ere arc no pending claims against the Supplier or the surety company filed by
the Procuring Enticy;
(b)
The Supplier has no pending claim~ for lahar and materials filed against it; and
(c)
Other terms spccitied in the SCC.
In case of a reduction of the contract value, the Procuring Entity shall allow a
pmroction•l <eduction in •he origin>! P"focmance '<~ri<y. pcovided •ha< any wch
Page 30 of 59
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reduction is more rhan ten percent (l0°1u) and that the aggregate of such reductions is
not more than fifty percent (SO"'n) of the original performance security.
14.
15.
Use of Contract Documents and lnfonuation
14.1.
The Supplier shall not, except for purposes of performing the obligations in this
Contract, without the Procuring Entity's prior written consent, disclose this Contract, or
any provision thereof, or an? specification, plan, drawing, pattern, sample, or
infonnation furnished by or on behalf of the Procuring Entity. Any such disclosure shall
be made in confidence and shall extend only as far as may be necessary for purposes of
such performance.
14.2.
Any document, other than this Contract itself, enumerated in GCC Clause 14.1 shall
remain the property of the Procuring Entity and shall be returned (all copies) to the
Procuring Entity on completion of the Supplier's performance under this Contract if so
required by the Procuring Entity.
Standards
TI1e Goods provided under this Contract shall conform to the standards mentioned in the
Section VII. Technical Specifications; and, when no applicable standard is mentioned, to the
authoritative standards appropriate to the Goods' country of origin. Such standards shall be the
latest issued by the institution concerned.
16.
Inspection and Tests
16.1.
The Procuring Entity or it~ representative shall have the right to inspect and/ or to test
the Goods to confirm their confonnity to the Contract specifications at no extra cost to
the Procuring Entity. ·n1e S.C.C and Section VII. Technical Specifications shall specify
what inspections and/or tests the Procuring Entity requires and where they are to be
conducted. The Procuring Entity shall notify the Supplier in writing, in a timely manner,
of the identity of any representatives retained for these pmposes.
16.2.
If applicable, the inspections and tests mar be conducted on the premises of the Supplier
or its subconu-actor(s), at point of delivery, and/ or at the goods' final destination. If
conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities
and assistance, including access to drawings and production data, shall be furnished to
the inspectors at no charge to the Procuring Entity. The Supplier shall provide the
Procuring Entity with results of such inspections and tests.
16.3.
'lbe Procuring Entity or its designated representative shall be entitled to attend the tests
and/ or inspections refencd to in this Clause provided that the Procuring Entity shall
bear all of its own costs and expenses incurred in connection with such attendance
including, but not limited to, all traveling and board and lodging expenses.
16.-l.
The Procuring Entity may reject any Goods or any part thereof that fail to pass any test
and/ or inspection or do not conform to the specifications. The Supplier shall either
rectify or replace such rejected Goods or parts thereof or make alterations necessary to
meet the specifications at no cost to the Procuring Entity, and shall repeat the test
and/ or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to
GCC Clause
16.5.
5.
1bc Supplier agrees that neither the execution of a test and/ or inspection of the Goods
or any part thereof, nor the attendance by the Procuring Entity or its representative, shall
release the Supplier from any warranties or other obligations under this Contract.
Page 31 of 59
17.
18.
Warranty
17.1.
·n1e Supplier warrants that the Goods supplied under the Contract are new, unused, of
the most recent or current models, and that they incorporate all recent in1provements in
design and materials, except when the technical specifications required by the Procuring
Entity provides otherwise.
17 .2.
The Supplier further warrants that all Goods supplied under this Contract shall have no
defect, arising from design, materials, or workmanship or from any act or omission of
the Supplier d1at may develop under normal use of the supplied Goods in the conditions
prevailing in the country of final destination.
17 .3.
In o rder to assure that manufacturing defects shall be corrected by the Supplier, a
warranty shall be required from the Supplier for a minimum period specitied in the~­
n1e obligation for the warranty shall be covered by, at the Supplier's op tion, either
retentjon m o ney in an amount equivalent to at least ten percent (10%) of the final
payment, or a special bank guarantee equivalent to at least ten percent (10%) of the
Contract Price or other such amount if so specified in the SCC. 'l11e said amounts shall
only be released after the lapse of the warranty period specified in the ~ provided,
however, that the Supplies delivered are free from patent an d latent defects and all the
conditions imposed under this Contract have been fully met.
17.4.
The Procuring Entity shall promptly notify the Supplier in writing of any claims arising
under this warranty.Upon receipt of such no tice, the Supplier shall, within the period
specified in the SCC and with all reasonable speed, repair or replace the defective G oods
o r parts thereof, witlwut cost to d1e Procuring En tity.
17 .5.
If the Supplier, having been notified, fails to r emedy the defect(s) wid1in th e period
specified in GCC Clause 17.4, the Procuring Entity m ay proceed to take such rem erual
action as may be necessary, at the Supplier's risk and expense and without prejudice to
any otlu~r rights which the Procuring Entity may have agrunst the Supplier under the
Contract and under the applicable law.
Delays in the Supplier's Performance
18.1.
Delivery of the Goods and/or performance of Services shall be made by the Supplier in
accordance with the time schedule prescribed by the Procuring E ntity in Section VI.
Schedule of Requirements.
18.2.
If at any time during the performance of this Contract, the Supplier or its
Subcontractor(::;) should encounter conditio ns impeding timely delivery of the Goods
and/or per form.ance of Services, the S upplier shall promptly notify the Procuring E ntity
in writing of the fact of the delay, its likely duration and its cause(s). As soon as
practicable after receipt of the Supplier's notice, and up o n causes provided for under
GCC Clause 22, the Procuring Entity shall evaluate the situation and may extend the
Supplier 's time for performance, in which case the extension shall be rarified by the
parties by amendment of Contract.
18.3.
19.
Except as provided under GCC Clause 22, a delay by the Su pplic.r in the performance of
its obligations shall render the Supplier liable to the in1posirion of liqwdated damages
pursuant to GCC Clause 19, unless an extension of time is agreed upon pursuan t to
GCC Clause 29 without the application of liquidated damages.
Liquidated Damages
Subject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or all of d1e
Goods and/ or to perform the Services within th e period(s) specified in this Contract inclusive of
Page 32 of 59
duly granted time cxtensiom if any, the Procuring Entity shall, without prejudice to its other
remedies under this Conu·~ct and under the applicable law, deduct from the Contract Price, as
liquidated damages, the applicltble rate of one tenth (1/10) of one (1) percent of the cost of the
unperformed portion for every day of delay until actual delivery or performance. 1be maximum
deduct.ion shall be ten percent (10%) of the amount of contract. Once the maximum is reached,
the Procuring Ent.ity shall rescind the Contract pursuant to GCC Clause 23, without prejudice to
other courses of action and remedies open to it.
20.
21.
22.
Settlement of Disputes
20.1.
If any dispute or diffcn:nce of any kind whatsoever shall arise between the Procuring
Entity and the Supplier in connection with or arising out of this Contract, the parties
shall make every effort to resolve amicably such dispute or difference by mutual
consultation.
20.2.
If after thirty (.30) days, the parties have failed to resolve their dispute or difference by
such mutual consultation, then either the Procuring Entity or the Supplier may give
notice to the other party of irs intention to commence arbitration, ;~.s hereinafter
provided, as to the rn;~.tter in dispute, and no arbitration in respect of this matter may be
commenced unless such notice is gi\·en.
20.3.
Any dispute or difference in respect of which a notice of intenrion to commence
arbitr;~.tion has been given in accordance with this Cl;~.use sh;~.ll be settled by arbitration.
Arbitration may be commenced prior to or after delivery of the Goods under this
Contract.
20.4.
In the case of a dispute between the Procuring Entity and the Supplier, the dispute shall
be resolved in accordance with Republic Act 9285 ("R.A. 9285''), othen.vise known as
the "Altematl\'e Dispute Resolution Act of 2004."
20.5.
Notwithstanding any reference to arbitration herein, the parties shall continue to
perform their respective obligations under the Contract unless they otherwise agree; and
the Procuring Enrity sh;~.ll pay the Supplier any monies due the Supplier.
Liability of the Supplier
2l.l.
1be Supplier's liability under th.is Contract shall be ;~.s provided by the laws of the
Republic of the Philippines, subject to additional provisiom, if any, set forth in the .S.C.C.
21.2.
Except in cases of criminal negligence or willful misconduct, and in the case of
infringement of patent rights, if applicable, the aggregate liability of the Supplier to the
Procuring Entityshall not exceed the toral Contract Price, provided that thi~ limitation
shall not apply to the cost of repairing or replacing defective equipment.
Force Majeure
22.1.
The Supplier shall not be liable for forfeiture of its performance security, liquidated
damages, or tcrmi.narion for default if anJ to the extent that the Supplier's delay in
performance or other failure to perform its obligations under the Contract is the result
of a fom mujmre.
22.2.
For purposes of this Conrract the terms ':fi:m-e 1Nuje11re" and "fortuitous event" may be
used interchangeably. In this regard, a fortuitous event or force mujett" shall be
interpreted to mean an e\'ent which the Conrractor could not have foreseen, or which
tlwugh foreseen, was inevitable. It shall not include ordinary unfa,·orable weather
conditions; and any other cause the effects of which could have been avoided with tl1e
emcise of ""on•bl< Jilig<>t<e by the Cont,etor. Such events may include, but not
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limited to, acts of the Procuring Entity in its sovereign capacity, wars or revolutions,
fues, floods, epidemics, c1uarantine restrictions, and freight embargoes.
22.3.
If a force mqjeure situaLion arise~, the Supplier shall promptly notify the Procuring Entity in
writing of such conilition and the cause thereof. Unless otherwise directed by the
Procuring Entity in writing, the Supplier shall continue to perform its obligations under
th<' Con tract as far as is reasonably practical, and shall seek all reasonable alternative
means for performance not prevented by the .fon:e ntt!)i:Ure.
23.
Termination for Default
23.1.
24.
Tne Procuring Entity shall ttrminate this Contract for default when any of the following
conditions attends its implementation;
(a)
Outside of force ntt!)'ellrl', tht Supplier fails to deliver or perform any or all of the
Goods within the period(s) specified in the contract, or within any extension
thereof granted by the Procuring Entity pursuant to a request made by the
Supplier prior to tht delay, and such failure amounts to at least ten percent
(10%) of the contact price;
(b)
As a result of.forre majeure, the Supplitr is unable to deliver or perform any or all
of the Goods, amounting to at least ten percent (10%) of the contract price, for
a period of not less than si.'\:ty (60) calendar days after receipt of the notice from
the Procuring Emity 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.
ln the event the Procuring Entity terminates this Contract in whole or in part, for any of
the reasons provided under GCC Clauses 23 to 26, the Procuring Entity may procure,
upon such terms and in such manner as it deems appropriate, Goods or Services similar
to those undelivered, and the Supplier shall be Liable to the Procuring Entity for any
excess costs for such similar Goods or SeiYices. I lowever, the Supplier shall concinue
performance of this Contract to the extent not terminated.
23.3.
ln case the delay in the delivery of the Goods and/or performance of the Services
exceeds a Lime duration equivalent to ten percent (10%) of the specified contract time
plus any time extension duly granted to the Supplier, the Procuring Entity may terminate
this Contract, forfeit the Supplier's perfmmance security and award the same to a
qualified Supplier.
Termination for Insolvency
The Procuring Encity shall terminate this Contract if the Supplier is declared bankrupt or
insolvent as determined with f111ality by a court of competent jurisdiction. In this event,
termination •vill be without compensation to the Supplier, prO\'ided that such tennination will
not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter
to the Procuring Entity and/ or the Supplier.
25.
T ennination for Convenience
25.1.
The Procuring Entity may terminate this Contract, in whole or in part, at any time for its
convenience. The l lead of the Procuring Entity may terminate a contract for the
convenience of the Government if he has determined the existence of conditions that
make Project Implementation economically, financially or techu.icaUy impractical and/ or
unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and
national government policies.
Pagr:- 34 of 59
25.2.
25.3.
26.
(a)
to have any portion deli,·ered and/ ur performed and paid at the contract terms
and pnccs; and/ or
(b)
to cancel the rem<~.inder and pay to the Supplier an agreed amount for partially
complet,·d ami/or performed goods ami for material~ and parts previously
procured by the Supplier.
If the Supplier suffers loss i.n its initial perfonnance of the terminated contract, ~uch as
purchase of r::tw materials for goods specially manufactured for the Procuring Entity
which cannot be sold in open market, it shall be allowed to rc:Co\'er partially from mis
Contract, on a Cfl/1111111!!1 !!leJil basis. Before: recm·ery may be made, the fact of loss must
be established under oath by the Supplier tn the sa tis faction of the Procuring Entity
before recovery may be made.
Termination for Unlawful Acts
26.1.
27.
'Ihc (~oods that ha\'C: been dehcrcd and/or performed or arc ready for deli\Try or
performance within thirty (30) calendar days after me Supplier\ receipt of Notice to
Terminate ~hall be accepted by the Procuring Entity at the contract terms and prices.
hJr Goods not yt't performed and/or ready for delivery, the: Procuring Enticy may elect:
1be Procuring Entity may terminate this Contract in case it is determined primlljd<i( that
the Supplier has ('nR:tged, before or during the implementation of this Contract, in
unlawful deeds and beha,·iors rdati\T to comract acguisition and implementation.
l'nlawful acts includt•, but are not limited to, the following:
n "B Clause 3.1 (a);
(a)
Corrupt, fraudulent, and coerci\·e practices as defined in
(b)
Drawing up or using forged document"-;
(c)
Using adulterated materi;~ls, ml'ans or memod~. or cngagtng
contrary to rules of science or the trade; and
(d)
Any odwr act analogous to the foregoing.
111
production
Procedures for Terminaliun of Conlracls
27 .1.
'Ibe foUowing prm•Jsaons shall govern the procedures for termination of this Contract:
(a)
Upon receipt of a written report of acts or came~ which may con~titutc
ground(s) for tcrminntion as aforementioned, or upon its own initiati\T, tht·
lmplementinp; ll nit shall, within a pet·iod of seven (J) cakndar days, verify the:
existence of such ground(s) and cause: the execution of a Veritied Report, wim
all rele\'ant C\'idence attached;
(b)
Upon recommendation by the Implementing Unit, the llcf!d of me Procuring
Entity shflll tenninate this Contract only by a written notice to the Supplier
com•eying the termination of this C:ontrf!ct. The notice shall state:
(i)
that this Contract is being tt·nninated for any of the ground(s) aforementioned, and a statement of the acts that constitute the ground(s)
consututing the same;
(ii)
the extent of termination, wlll·ther in whole or
(iii)
an instruction to the Supplier to show cause as to why this Contract
should not be terminated; and
Page 35 of 59
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(iv)
28.
special instructions of the Procuring Entity, if any.
(c)
1be Notice to Terminate shall be accompanied by a copy of the Verified
Report;
(d)
Within a period of seven (7) calendar days from receipt of the Notice of
Termination, the Supplier shall submit to the Head of the Procuring Entity a
verified posicion paper stating why this Contract should not be terminated. If
the Supplier fails to show cause after the lapse of d1e seven (J) day period, either
by inaction or by default, the Head of the Procuring Entity shall issue an order
terminating this Contract;
(e)
Tbe Procuring Entity may, at any time before receipt of the Supplier's verified
position paper described in item (d) above withdraw the Notice to Terminate if
it is determined that certain items or works subject of the notice had been
completed, delivered, or performed before the Supplier's receipt of the notice;
(f)
Within a non-extendible period of ten (10) calendar days from receipt of the
verified position paper. the Head of the Procuring Entity shall decide whether
or not to terminate this Contract. It shall serve a written notice to the Supplier
of its decision and, unless otherwise provided, this Contract is deemed
tenninated from receipt of the Supplier of the notice of tlecision. 1be
termination shall only be based on the ground(s) stated in the Notice to
Terminate;
(g)
The Head of lhe Procuring Entity may create a Contract Termination Review
Committee (CTRC) to assist him in the discharge of tlus function . All decisions
recommentletl 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 tenninate the contract at least thirty (30) calendar days before its intended
termination. The Contract is deetn~:d terminated if it is not resumed in thirty
(30) calendar days after the receipt of such notice by the Procuring Entity.
Assignment of Rights
The Supplier shall not assign his rights or obligations under this Contract, in whole or in part,
except with the Procuring Entity's prior written consent.
29.
Contract Amendment
Subject to applicable laws, no variation in or modification of the terms of this Contract shall be
made except by written amendment signed by the parties.
30.
Application
"these General Conditions shall apply to the extent that they are not superseded by provisions of
other parts of tlus Contract.
Page 36 of 59
Section V. Special Conditions of Contract
GCC Clause
!.I (g)
The Procuring Entity isPbilippine Health Insurance Corporation (PhilHealth).
1.1 (i)
The Supplier is [to be inHrted tlllhe tinu ofconlrad award].
1.1 (j)
The Funding Source 1s : PHILHEALTH CORPORATE OPE.R ATING
BUDGET (COB) FOR 2016: FORTY .MILLiON EIGHT HUNDRED
THOUSAND PESOS (PHP40,8~000.00) for the BIDDING FOR THE
1.1 (k)
5.1
PROCUREMENT OF ONE (1) LOT IT EQUIPMENT CO-LOCATION
AND ISP FOR ONLINE SERVICES FOR TWO (2) YbARS.
The Project Site is ul Pbi/1/ealtb 1-/rad O_tfice Ci()'ilal< Centre 709 Sbaw Dl11d.. D'J:)'· Oranbo.
Pa.ri,~ Cif)•
The Procuring E ntity's address for Notice~ is: SVP RUBEN JOHN A. BASA
Cbairpersonjor BAC- b~jormation Tedmolqgy Re.rotrrm,
Cm/~.709 SIJuw Boulevard, PuJig Ci!J•
6.2
Room 1003, 1{)11• Floor Ci(y.rtate
Delivery of the Goods and Scn·iccs shall be made by the Supplier in accordance
with the terms specified in Section VI.
Delivery and Documents The Delive.r y terms of tlus Comract shaU be as foUows:
One (1) Lot IT Equipment Co-Location and lSP for Online Services shaU be
delivered to the Phill-IealtJ1 14th Floor Roorn 1406,Citystate Centre 709 Shaw Blvd.,
Brgy. Oranbo, Pasig City. Risk and title '"-ill pass from the Supplier to PhiJHealth
upon receipt and final acceptance of UH~ Goods at tl1eir final destination."
Delivery of the Goods and Services shall be made by the Supplier in accordance
with tl1.e terms specified in Section VI. Schedule of Reljuircments. 'l11c d etails of
shipping and/ or other documents to be furnished by tl1c Supplier are as follows:
Upon dcli,·cry of tJ1e Goods and Services to the Project Site, tl1e Supplier shaU
notify PhilllealtJ1 and present the following documents to PhilHealtl1:
(I)
( )rigtnal aml four copies of the Supplier's mvoice showing Goods' description,
unit price, and toral atnOlmt;
Original and four copies delivery receipt/note, railway reeeipt, or tmck receipt;
( )rigin<tl Supplier's factory inspection report;
( h1gUJal and four coptes of the Manufacturer's and / or Sup phe r'~ warranty
ccrrifica te;
( )riginal and four copies of the ceniticate of origin (for imported Goods);
Delivery receipt detailing number and description of items received signed by the
authunzcJ receiving personnel;
Cernficate of :\cceptancc/Inspecrion Report signcJ by the Procuring E nti ty's
reprcscntati,·e at the Project Site; and
Four copies of the Im·oicc Receipt for Property signed by the Procuring E nri ry's
repre;:sentative at the Project· Site.
~1uanmy,
(ii)
(iii)
(iv)
(v)
(vi)
(Yii)
(''jjj)
Incidental Services The Supplier is required to pro\·ide aU of the following services, including addi tional
services, if any, specified in Section VI. Schedule of Requirements:
(a) performance or supervision of on-site assembly and/ or start-up of the supplied
Goods;
(b) fur.nishing of tools reguircd for assembly and / or maintenance of the supplied
Goods;
(c) furmshing of a detailed operations and mauuenancc manual for each appropriate
unit of the supplied Goods;
(d) pedonnanc<· or supervision o r maint enance and / or repair of the supplied Goods,
Page 37 of 59
for a period of time agreed br the parries, provided that this service shall not relieve
the Supplier of any warranty obligations under this Contract; and
The Contract price for the Goods shall include the prices charged by the Supplier
for incidental services and shall not exceed the prevailing rates charged to other
parties by the Supplier for similar services.
Spare Parts The Suppliec is required to provide all of the followin g materials, notifications, and
information pertaining to ~pare parts manufactured or distributed by the Supplier:
lbe Supplier shall carry sufficient inventories to assure ex-stock supply of
consumable spares for the GooJs for a period of tl;ru (3)years.
Packagingll1e Winning Bidder shall provide such packaging of the Goods as is required to
prevent their damage or deterioration during transit to their final destination, as
indicated in this Contract. The packaging shall be sufficient to withstand, without
linlitation, rough handling during transit and exposure to extreme temperatures, salt
and precipitation during transit, anJ open storage. Packaging case size and weights
shall take into consideration, where appropriate, the remoteness of the GOODS'
final de~tination and the absence of heavy handling facilities at all points in transit.
ll1e packaging, marking, and documentation within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for in
the Contract, including additional requirements, if any, specified below, and in anr
subsequent instructions ordered by the Ph.i1Heald1.
ll1e outer packaging must be clearly marked on at least four (4) sides as follows:
Name of tl1e Procuring Entity
N amc of the Supplier
Contract Description
Final Destination
Gross weight
Any special lifting instructions
Any special handling instructions
Any relevant I L\ZCHEM classifications
A packaging list iJcntifyi.ng tl1e contents and quantities of the package is to be placed
on an accessible point of tl1e outer packaging if practical. If not practical the
packaging list is to be placed inside tl1e outer packaging but outside the secondary
packaging.
Insurance The Goods supplied under this Cmw-act shall be fully insured by the Winning
BiJder in a freely convcnible currency against loss or damage incidental tu
manufacture or acquisition, transportation, storage, and delivery. l11e Goods remain
at the risk and title of the Winning Ridder until their final acceptance by the
PhilHealth.
Transportation PhilHcalth accepts no liabil.ir:y for the damage of Goods during transit. In the case of
Goods supplied from within the Philippines or supplied by domestic Suppliers risk
and title will not be deemed to have passed to Phi!Hcalth until their receipt and final
acceptance :u tl1e final destination.
Patent Rights -
P~ge
38 of 59
10.2
10.4
l3.4(c)
16.1
17.3
'l11e Winning Bidder shall indemnify d1e Phill·fealth against all third-party claim~ of
infringement of patent, trademark, or industrial design rights arising from use of the
Goods or any part thereof.
NO FURTHER INSTRUCTIONS
NO FURTHER INSTRUCT10NS
NO FURTHER INSTRUCTIONS
The bidders should be able to comply with the following:
• The winning bidder should work in parallel with PHILHEALTH Information
Technology Management Department (lTMD) during the installation, testing,
and commissioning of rhe Project.
• The bidders must ensure that the proposed One (1) Lot IT Equipment CoLocation and ISP for Online Services arc compatible with the existing
equipment o f PHILHEALTH.
• Intensive testing should be done by the wmrung bidder to achieve the
functionality and benefits of the One (1) Lot IT Equipment Co-Location and
ISP for Online Services.
•
The maintenance period
'"ill be foe a period of duce (3) years.
• All software/hardware should be covered by warranty on scrvices, upgrades and
updates on One (1) Lot IT Equipment Co-Location and ISP for Online
Services within the maintenance period which shall commence upon acceptance
of the delivered good s.
17.4
The period for correction of defects within the warranty period arc:
• The bidden should be able to provide expert personnel to service thcOne (1)
•
•
21.1
Lot IT Equipment Co-Location and ISP for Online Services whenever
problems should occur.
lbe winning bidder should provide a 24x7 phone and technical support to
PhilHeald1 within the warranty period.
Expenses for the technical personnel who will provide d1e technical service o nsite to PHILH EAI.TH shall be at d1c expense of the winning bidder.
NO ADDHIONAL PROVISION
Page 39 of 59
Section VI. Schedule of Requirements
The delivery schedule expressed as days / weeks/months stipulates hereafter a delivery date which
is the date of the delivery to the project site.
Item
Number
I
Delivered,
Days/Weeks/
Months
Quantity
Description
IT Equipment Co-Location
Services and ISP for Online Services
One (1) Lot
.
The Delivery and
Installation shall be within
Sixty (60) Calendar Days
after the issuance and
receipt of the winning
bidder of the Notice to
Proceed
I hereby certify to comply and deHver all the above requirements.
Name of Company /Bidder
Signature over Printed Name of
Representative
Page 40 of 59
Date
Section VII. T echnical Specifications
Statem ent of Compliance
SPECIFICATIONS
* Statcmcm of Compliance- Bidden~ must st:uc here either "Compi)'"
or "Not Comply" again11 each of the indh•id ual param~tcl'll of
each Specification llllting the corresponding pcrfomtancc p :muneter of the equipment offered. St..11cmcnr. of "C:nmply" or "Not
Comply" must lx· supportnl by 1:\'IJ,·n~< 111 ·' IIJddLrs 1\tJ anJ UO<s·rcfcrenceJ to tfUl , . , t,k~lCc. E,;J..·ncc shall be in the fonn nf manufucturcr's
un-•mcnJt-d Sill<·s littratun:. uncnnJIDon.ll •t•I~1T><1ll5 of sp<:ci6c~uon and ('omp~anc:c is•U<!d by the muluf~cturu. samplco, tndq>endcm test dal>!
etc., 1s :appropnatr. 1\ >UI<"muu th•t is not >Uflp<>rtcd by C\'ld<-ncc or IS ,;uh;cl.jU<:Iltly found lo be contndtcwd by rhc c\"ld<11Cc pr~'S<-ntcJ <A"Ill
render the Bid under '"' ai<L~tion habk tiu rcJc<:tmn :\ st.Hcmc:nt either In the B1Jd<rs st.lll'fl\<111 uf cnmphancc or the supponin,.; C\"IJence that 1>
found f(> be false either durin" [lid enluJll•nl, pust·l.jU.llilical\on or th<: c~ccution of tht· Comr~ct m.ty be rcgardcJ as fr:~uJuk·m and rcnJcr lhc
BidJc•r '" supplier liablt• for prost·cuti(Jn .ubi< co '" ohc pr0 \"1>1<•11> qf ITB C:l.au,c ' I (n)(u) .ond / ur GCC Cl.ou'C 2 I (a)(!~.
1. SCOPE OF T H E PROJ ECT
1. Provision
Philhealth
Statement of Comp liance .-
of commumcauon links bet\1:ecn
Pasig Scr\'l:r room and proposed
datacenter;
2. Prm~ision of co-location space and necessary
security and supporr to tlll· co-located IT
equipment;
Must have a su.n:cillance c;mH:ra dedicated to
PhiiHcalth's IT Equipment;
o
3. Provision of Internet Services;
Specifically,
dcliverables
du·
vendor
shall
pro,·idc
rhe
following
2. SPACE REQUIRE MENTS
•
Must be have at sixte<.•n (16) syuarc llH:tcr of colocation space.
•
Must provide a cage with at least sixtl'l'n ( 16) S<JUarc
meters stzc d edicated to PhilHcalth lO physically
secure the co-located IT eqwpmcnt of the
corporauon. The cage must havl· a locking
mechanism to restrict un-authorized personnel to
access any of the co-located IT equipment.
•
~lust
have at least 150.\ of power capacity .
• Must provide power
meter dedicated tor
Philhcalth
IT equipmmt.
•
Must have thrl'c phase and single phase power source
that can support at least 200 to 480 volts
•
~lust
han• at least two (2) UPS feeds per rack; each
feed must han· a corresponding breaker terminating
in a separate UPS or po\vcr grid.
• The location of power outlets must bear least below
Page 41 of 59
'\;
if--'~
• With cable management and cable channel pet rack
• With redundant power distribution ururs and with
power sockets compatible with PhilHealth's IT
equipment per rack.
• Must provide power receptacles that is needed to
power the equipment of PhilHealth .
• The rack space must be able to accommodate future
expansion. The expansiOn must also be a caged
environment. It must no r be relocated ill another
area.
3. SITE REQUIREMENTS
o Must be situated outside the SOKm radius from
Philhealth Pasig Server Room.
o T he Data Center site
must confo rm \Vith the
International Standards for Data Center including but
not limited to the following:
•
Must have a valid ISO 9001:2008 Certification
•
Must have a valid
Certification
•
Must have dedicated power generato rs that can
sustain continuous operation for at leas t five (5)
days without commercial power.
•
There must be at least
Generato rs for redundancy.
•
Must
have
redundant,
centraliz ed
unimerruptible power supply (UPS) to handle
p ower transition to and from generator set to
main power source.
•
Must have redundant precisio n air-conditioning
units (P.L\CUs).
•
Must have layered security access. Biometrics
and/ or latest electronic security measures must
be in-place.
•
Must have International Standards (FM200 or
equivalent) data center fire suppression and
detection system.
•
Must h ave full p hysical security with 24 hours a
ISO /IEC 27001:2013
two
(2)
Power
Page 42 of 59
day, 7 days a week armeti guards.
•
Must have security system with live monitored
internal anti external cameras. Recorded security
videos must be archi\·ed for at least 1 month.
•
Must havt• a dl'llicated surveillance camera
covenng the area whert'in the co-located IT
eqlllpment ts situated. Tht• camera 1.nust be
operational 24 X 7 anti abk tu san:. video tlles
for at least thret' months. Moreover, Phi!Health
must have acct·ss lc) view the camera feed.
•
T he site must be maintained by competent
personnel for managmg the data center ~4
hours a day, 7 days a week.
•
lvlust offer a 99.95° o guarantccti Sc:rvicc Lc,·cl
Agreement
•
Must be lmilt according to Sc.:·ismic Zone -+ that
can withstand an intensity ~earthquake.
4. COMMUNICATION LINK RE QUIREME N TS
The wmnmg proponent must prO\·itie two (2)
comm unicatio n lin ks with separa te physical
cable routes b etween P asig server room and
pro posed d atacenter.
0
•
Communication Technology - Must be Layer I
and Laver 2 Dedicated Leased Lines
•
Cable routes - must be separate physical cab!t·
rourcs
•
Type of communication medium - the last mik
facilities must be fi.be r-based con nectivity
•
Cable Facility - the proponent must certify that
the cable facility being used in the connectivity
between
rhe
proponent's
cucutt
and
PH ILHEALTH 's data cenrcrs 1s exclusively
owned and operated by the proponent.
•
Rate/ Spt•t•d of access must ha,·e guaranteed
bandwidth - CIR (Commited i nformation Rate)
for each links.
• Two (2) x 1 Gbps
layer 1 and Layer lor
Layer 2 leased linc:s
Page 43 o f 59
•
Must be able to allow users to prioritize
network applications such as voice, data and
video to ensure reliable and high-quality
transm1s~1ons.
•
The handover of the serv1ce must be Gigabit
Ethernet golilg to PhilHealth Network
Infrastructure.
•
1 x 1 Gbps link must be transferable to any
location within Metro Manila (National
Capital Region) without any charges to the
Corporation during the duration of the
contract.
•
o
Must include
all necessary cables
interconnect and operate all equipment.
to
The winning proponent must provide two (2) x
200Mbps dedicated Internet connectivity at the
proposed Data Center site and Pasig Server
Room.
•
Must be a Fixed Bandwidth/Dedicated type
of access
•
Must be a Leased Line technology
•
The facility going to the Phi!Hcalth Net\vork
must be fiber optic or Gigabit Copper
connectivity.
•
Must have at least one (1) x 200Mbps
installed in Pasig Server Room and at least
one (1) x 200Mbps installed in the proposed
datacenter.
•
Must be terminated as copper based Gigabit
Ethernet.
•
International Peering - the winning proponent
must provide a certification that they are
connected or subscribed to Tier 1 or Tier 2
networks or Internet Service Providers.
•
Local Peering - the winning proponent must
provide a certification that they are connected
or is a member of the Local Internet Exchanges
in the Philippines.
•
The handO\·er of the service must be Ethernet
(RJ-45)
gmng
to
PhilHealth
Network
Infrastructure.
Page 44 of 59
o
•
f\lust provide at least sixty (60) useable public
IP addresses for Pasig Sern·r Room and at least
sixty (60) useable public IP addresses for
proposed datacenter.
•
Must include
all necessary cables
interconnect and operate all equipment.
to
·n1e winning proponent must certify that they own
the Data Center sttc and cable facility(s) and/ or
have direct control to the Data Center site and cable
facility(s) 24/7 for faster problem resolution.
5. OTHER PERTINENT REQUIREMENTS
o
The wmnmg proponL·nt must transfer all the JT
equipment from the cXJsnng datacentt·r to the
proposed co-location sue. The servtccs must
include pow~.:r off, transfer, and power on of all IT
equtpmcnt 111 the proposed co-location stte. The
proponent must also include 111 their proposal
related fees and guarantees.
o
The winning proponent must L'nsurc that the access
of authorized PhilHealrh personnel to the co
located IT equipment must be allowed anytime.
o
The wmmng proponent must cnsure that only
authorized PhilHealth personnel are allowed to
access the co-located IT equipment.
o
The WUllliJlg proponent must ensure that adequate
power suppl )' and proper cooling is a\Tailahlc:: to the
co-located IT eguipment 24 hours a day, 7 days a
week.
o
The wmnutg proponent must ensun: t.hat tlw
physical security of the co-located IT Cljlltpment
and that the recorded video(s) from 1hc security
camera should be kept/archived for at least 1
month.
o
The
o
The wuuung proponent must allow J>hi!Health
authorized pcrsonnd to access remotely the security
camera covcnng the area of the co-located IT
equipment for security and administrative purposes.
If rt·mote access is not possible for the data ccmcr's
site securi.rv camera(s), PhilHc:llth must be allowed
wu1rung proponent musr ensure that
Phili-Icalth nurhorizcd personnel are allowed to
rcvtcw the recorded video(s) from tht· security
camera if necessary.
Page 45 of 59
to install its nwn camera facility to monitor the colocated IT equipment.
o
The "'"inning proponent must ensurt~ that
competent pcrsonnd arc available in the proposed
data center site to assist authorized PhilHealth
personnel to do physical activity(s) for the colocated IT C<.)tLipmem whenever necessary.
o
The winning proponent must cnsu.re that tin·
suppression equipment conforms to the data center
standards and arc· always a,·ailablc and operational.
o
The \Vinning propom:nt must ensure that standby .
personnel arc available to ass1st PhiiHealth
authorized personnel in the logistics during tlH·
operations proper.
o
During the subscription period, the proponent must
provide the foUowing:
Three (3) units Servicing Devices (laptops)
bundled with Unlimited Mobile Broadband
Internet Conne.ctivity for the duration of the
subscription period (2 years) for technical
management and support. The connection specJ
must use at least 4G/LTE Technology. !\lust be
able to connect up tn tivc (5) users (terminals) via
WiFi (wireless access) . The servicing devices must
have at least the following specifications:
),;>
•
•
•
•
•
•
•
•
•
•
•
•
•
The processor must be at least Intel core i7
Processor
Must be at least 2.2 G Hz processor speeJ
Must have at least 4MB L3 Cache
Must han at least 8GB Memory
Must have at least 256GB Flash Storage
/\lust ha\·e at least 12" diagonal LED Display bur
not bigger than 14"
Must ha\·c a£ least 10 hours battery lift: using
wireless
With built-in speaker and webcam
Must have at least two (2) USB 3.0 Ports,
/\lust at least one (1) RJ-45 Gigabit L \N Porr (if
not included in the Jcvice a separate Jongle must
be prm·iJcd)
Must at least one \'GA port for HDI\11 (if nor
included in the devic<.• a separate dongle must be
provided)
!\lust include Serial Port (USB to Serial Port
com·erter)
Built-in Wi-Fi capability (802.11a/b/g/n)
Built-in Bluctnoth at k·ast ..1-.f)
~
~
;Jv
~~
~
•
L---·--~N~l~u~s~t~w~c~1L~.td~t:~·-s~·<~)f~~~·~·a~r~e~C~D=-'s2·,~l)~:=a~:~:r~:~~-~1;~:~;=a=ll~er~s~,--~------------------------~\~J~ ~ \
0
~~ ~ ~
•
•
•
•
•
Etc. (with License) Genuine Windows 8 64 bit
Professional or latest MAC Operating System (with
separate metlia installer of OS recovery CD)
With AC adapter antl power Cable
With canying bag, case and protector
Manuals
Must have at least 2 Years Warranty
TI1e market release of the unit motld must be at
least last semester of year 2015.
~
Three (3) units Monitoring Devices (tablet)
buntlled with Unlimited Mobile Broadband
Internet Connectivity for the duration of the
subscription pcriotl (2 years) for monitoring
purposes. The connectlOn spectl 4G or LTE
Technology. Must be able to connect up to five (5)
users (terminals) vta WiFi (wireless access). The
monitoring devices must have at least the following
specifications:
•
9.7 inch diagonal I.ED-backlir witlescreen multitouch display
At least 2048x 1536 resolution at 26-1- pixels per inch
(ppi)
At least 64 G B inrernal storage space
Must have wireless (wi-fi), Bluetooth 4.0 and
cellular (4G-LTE) access with Nano SIM card port
Must support various Operating System such as at
least iOS 9 or later, Windows 8 or later
•
•
•
•
6. AFTER-SALES SUPPORT
o
During the subscription period, the wmrung
proponent shall provide competent technical
personnel in the proposetl data cenrer site to assist
Phil.Health author:ized personnel whenen~r problem
occurs. Assistance maybe physical intervention
from which cannor be done from the remote
location.
o
Physical intervention can only be done upon the
advice of the authorized Phil Health personnel.
o
Co-location sire support must be available 24 hours
a day, 7 days a week.
o
During the subscription period, rhe wmnmg
proponent shall provide highly technical personnel
to s upport the communicatjon links, tnterner
service and equipment whenever hardware and/ or
any related problem should o ccur.
4'~
~----------------P-ag-c4-7o-f5-9--~----------~t~
(
~ ~ [!) ~
o
For the communjcation links and internet service,
on-call and on-site support should be available 24
hours a day, 7 days a week (24 hours x 7 days).
Likewise, Cusromer Sl·rvice should be available 24
hours x 7 days.
o
For on-call supporr, :\ one (1) hour response time
from the time of thl· call is rcyuired. h,r o n-site
support, a response time of not more than 4 hours
ts reyuircd from the time of the call 1n cases
wherein the phone support could not solve the
problem. Maximum of 24 hours after receipt of
report is relJUircd for on-site support.
o
The winning proponent must sht>uldt:r all cxpenscs
of their technical personnd who will be pnwiding
the technical services on-site.
o
The winning proponent must prm·ide an online or
web-based bandwidth usagl· monnonng tool to
monitor the actual bandwidth usage/ utilization of
the communication links ami internet scn·ice. The
tool should display the daily, weekly, monthly and
yearly traffic utilization.
7. P ROJECT MANAGEMENT
o
The winning proponent should provide a Project
Management and/ or team that will handle the
planning, design, installation, transfer, maintenance
and/ or necessary endeavors before the actual
implementation of thl· project in coordination with
PhilHealth IT Management Dcpanment.
o
The winning proponcm must conduct integratio n
workshop to plan-out the schedules and acci\;cies
before the acrual implementation of the projecr.
parties (PhilHcalth and the wmrung
proponent) should agree with the formulated
stratcgy(s) before the implementation proper.
o
Botl1
o
The acceptable downtime during the transfer of
equipment must not exceed thirty six (36) hours and
must be executed during weekend or holiday.
~I
\~ ;f-~v:
~---------------------Pa~-4S o-f59----~----------~~
~\Y~-~
~ ~ ~
~~ ~~
8. CONTRACT PERIOD
o
The contract period for this project is two (2) years.
o
During the contract period, the proponent must not
increase the original contract price.
o
In case Philhealth requires additional rack space for
new equipment ami additional bandwidths for the
commumcauon links and Internet servtces,
amcndml:nt to the original contract price may be
negotiated according to thl· prnrailing market price.
o
Yearly assessment of rhe contran pnce may be
done by Philhealth. In case rhe pre\-ailing matkl't
pnce for the project decreases, Philhealth may
negotiate for the new contract pnce or may
negotiate to acJd fca tuH·s without increasing the
original contract price.
9. SERVICE LEVEL AGREEMENT (SLA)
o
Phil.Healt.h must be rccumpcns<·d the equivalent
downtime of the co-located IT equipment due to
technical problem brought about by the following:
Description
Time
(minutes)
1()
Servin·
down tim~.:
and/or acct:ss
unavailability
due to site and
link facilities
failure. This
inclucJes but not
litnitecJ to puwcr
supply, cooling,
ancJ the primary
commurucanon
links.
3I
to
to
:30
120
121 to .360
3(> I
to
720
More than
720
Equivalent
refund
Three (3)
Hours data
center tlnll' or
monetary
equivalent
TwelH (12)
Hours Jata
center time or
monetary
equivalent
One (1) day
data centl'r time
or monetary
equivalent
Two (2) da ys
data center time
or monetary
equinlcnt
Seven (7) days
dat.a center tim<·
or monetary
equivalent for
each 24 hours
of continuous
Jowntime.
Page 49 oi 59
o
Monetary equivalent maybe computed based on the
contract amount or based on the actual damage caused
by the downtime. whichever is agreed upon.
o
Shall be agreed upon and finalized during the project
management between PhilH cah:h and the w1nn111g
proponent and will form part on the contract
agreement between both parries.
tO.DELIVERY
AND
DATE
INSTALLATION /IMPLEMENTATION
o
OF
The IT Equipment Co-location and ISP for
Online
Services
project
must
be
delivered/implemented on the proposed site of the
winning proponent not more than si.xty (60) calendar
days. The communication links and Internet shall be
available prior to the colocation of the IT equipment.
I hereby certify to comply with all the above Technical Specifications
Name of Company /Bidder
Signature over Printed Name of
Representative
Page 50 of 59
Date
Section VIII. Bidding Forms
Page 51 of 59
Annex "A"
Statement of all Ongoing Government &Private Contracts
Including Contracts awarded but not yet started
(whether simi.lar or not similar in nature and complexity to the contract to be bid)
Business Name
Business Address
Period
Name of
Contract/
Date of
Contract
Kind of
Goods
Amount of
Value of
Contract
Outstanding/ Undelivered
Date Awarded
Portion
(for o ngo ing contracts)
Government Contract/ s
Private Contract/s
"SINGLE LARGEST COMPLETED CONTRACT SIMILAR TO THE CONTRACT
TO BE DID"lequivalent to at least fifty percent (50%) of the Approved Budget for the
Contract (AI3C) I within March 1, 20 14 to February 29, 20 16
Name of Contract
Amount
Submitted Proof (Contract
(at least 50% of the
OR Purchase Order AND
Approved Budget for the
End-User's Acceptance OR
Contract
Official Recei ts
Page 52 of 59
Annex "B"
Bid Form
Date:
Invitation to Bid No.:
The Chairperson
:Bids and Awards Committee
PHII,HEALTH
Gentlemen and/ or Ladies:
Having examined rhe Bidding Documents including Bid Bulletin Numbers [insert flll!lrberJj,
(.he receipt of which is hereby duly acknowledged, we, the undersigned, offer to
supply/delivery/perform One (1) Lot IT Equipment Co-Location and JSP for Online
Services for Two (2) Yearsin conformity with the said Bidding Documents for the sum stated
hereunder:
PARTICULARS
COST per Lot
(Inclusive of VAT)
Total Cost
(Inclusive ofVAT)
TOTAL
(In Words)
We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery
schedule specified in the Schedule of Requirements.
If our Bid is accepted, we undertake to provide a performance security
amounts, and with.i.n the times specified in the Bidding Documents.
111
rhe form,
We agree to abide by this Bid for r.he Bid Validity Period specified in RDSprovision forlTB
Clause 18.2 and it shall remain binding 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 wnuen
acceptance then.·of and your Notice of "-\ward, shall be binding upon us.
We understand that you arc not bound to accept the lowest or any Bid you may receive.
We certify/ confirm that we comply with the eligibility requirements as per ITB Clause 5 of
the Bidding Documents.
Dated this _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ 20_ __
[sig1tal11rrj
[in tbe capaa!J ofl
Duly authorized to sign Bid for and on behalf o f - - - - - - - - - - - - - - - -
Page 53 of 59
Annex "8"
Name of Addressee
Address
Sir/Madam:
Having been determined to be rbe Lowest Calculated Bid (LCB) on the Bidding for the
Procurement of One (1) Lot IT Equipment Co-Location and ISP for Online Services for
Two (2) Years, you are hereby required to submit to the PHlLHEALTH Bids and
Awards Committecfor information Technology Resources (BAC-ITR) through its
Secretariat, \.vithin a non-extendible period of three (3) calendar days from receipt hereof,
the following docwnentary requirements:
L
3.
4.
5.
Certificate of Philippine Gon-rnmem Elt·ctronic Procurement Systems (G-EPS or
PhiiGEPS) Regi~tration or PhiK;EPS Registration Number if the procuring entilJ is a
Philippine foreign office or post, provided that participating bidder sho uld register with
the Phi!GEPS prior to bid opening.
Photocopy of Taxpayer's Identification Number (f.I.N.) Card of the proponent's
Company
Bureau of Internal Revenue (BIR)Value ,\ddcd Tax RegistrationForm and Payment
Form (BIR Form No. no."\ and 060S)
The bidder's annual income tax return (ITR) for CY 2014stamped "received" by the
UJ R and dulr validated.
·Inc bidder must prescmt its latest Business Tax Rct.um (Value J\dded Tax or
Percentage Tax) via the Electronic Filing and Payment System (EFPS) covering the
period from August 2015 -January 2016. (/~j[edive Mqy 1. :!OOS o11!J' J ~J."\' IV!um.r .filtd
tlmmgb the ~FPJ Jli(J/1 be lln:ep!!:d).
J'< ailure of the Bidder declared as the LCB to duly submit the above requirements or a
finding against the veracity of such 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 54 of 59
Annex "0"
Contract Agreement Form.
THIS AGREEMENT made the _ _ day of
20_ _ bet\vt·cn Philippine
Hwllb lll.rJmmre Corporation of thl' Philip pincs(hcrcinaftcr called "PhilHcalth") of the one part anJ
(name qfS11pplierj of [dry a11d country ~l5Jfpplinj QH.·rcinaftc r calleJ "d1c Supplie r") of the othc.r part:
W H ERL \S the PhilHcahh iuvitcJ Bids for certain goods and ancillary sctYices, viz.,
Bidding for the Procuremem of One (1) Lot IT Equipment Co-Location and ISP for
Online Services for Two (2) Years anJ has accepted a Bid by the Supplier for the supply of
those goods and services in thl' sum of fcontrad price in woniJ· at~d.fi,gumj (hereinafter called "the
Contract Price").
NO\Xl THIS AGREEMENT Wri NE.SSETH AS FOLLOWS:
1.
In dus 1\grcemcnt worJs anJ expressions shall ha,·e d1e same meanings as arc
respectively assigncJ to d1cm in the Conditions of Contract referred to.
2.
The following documents shall be dt·cmed to form anJ be read and constntcd as part of
thi:- Agreement, ,.iz.:
(a)
(b)
(c)
(d)
(c)
(f)
the Bid Fonn and d1e Price SchcJule submittcJ by the Bidder;
the ScheJulc of Requirements;
the Technical Specifications;
the General Conditions of Contract;
the Special Conditions of Contract; and
the Entity's Notification of t\ward.
3.
ln consideration of the payments to be maJc by Phi!H ealili to the Supplier as hereinafter
m entioned, the Supplier hereby covenants with the Phi!Hc:alth to provide the goods and sen·ices
and to remedy deft·cts d1e rcin in conformity in all respects with the provisions of the Contract
4.
PhilHealth h ereby covenants to pay the Suppljcr in consideration of the provision of the
goods and services and the remedying of defects therein, the Contract Price or such other sum as
mar become payable under the provisions of the cont.ract at the time and in the manner
prescribed by the contract.
lN \'VITN E.SS whereof the parties hereto have caused tlus Abrreement to be executed in
ac~ordance with the laws of the Republic of tht· Phtlippines on the day and year fust above
wnttcn.
Signed, sealed, dl'li\·ereJ by
the
/
~
(for Phi!Health)
SigneJ, sealed, ddivercd by - - - - - - - - the - - - - - - - - (for the Supplier).
Page 55 of 59
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Annex "E"
Omnibus Sworn Stat.ement
REP BUC OF THE PHILIPPINES)
CITY /MUNICIPALITY OF
) S.S.
AFFIDAVIT
I, [Name of /~fliant], of legal age, [Civil Jta!uJj, fNalionali!J], anu residing at [Addrm ofAffiant},
after ha\·ing been duly sworn in accordance with law, do hereby depose and stare that:
1.
Select one, delete the.· other:
If a sole proprietorship:
I am the sole proprietor of 1Namt
of Bidder] with
ofticc address at
/address qf Bidder];
{/ a portmr.rhip, ~wporatio11, cooperolivc, or ;o1n1 t't:JI/IIre: I am the duly authorized and
Jesignatcu representative of [Name ofBiddtrj with office address at {oddrw ~l Bidder};
2.
Select one, delete the other:
.role propne/orsbip: As the owner and sole proprietor of [Name oJ Bidde11, I have full
power anu authority to Jo, execute and perform any and all acts necessary to represent it
in the bidding for dtc procurement of One (1) Lot IT Equipment Co-Location and
ISP for Online Services for T wo (2) Years (ITB NO. COLOC 2016-007-IT) of dtc
PhilippiNe 1/ealth Inmrallt't' Cotporalion;
If a
If a partner.rhip, t"orporatioll,
cooperative, orjoin/ tlen/lm: I am granted full power and authority
to do, execute anu perform any anu all acts necessary and/ or to represent the [NtJ111e of
Bidder} in the bidding as shown in the attached [stale title of alfacbed dom111ent ,,·bowing proq( qf
011/hori~alirm (e.g., du!J IIOtcm·~ed 5 etrefary f CertijiaJ!e i.rmed I!J the corporatio11 or the member.r f!flhe
joinlt1enfurr)j~
[Nomr qf Biddnj is nor "blacklistt·d" or barred from bidding by the
Gon~rnment
3.
of the
Philippines or any of its agencies, offices, corporations, or Loc;~l Government Units,
foreign government/ foreign or intl'flUltional tinancing institution whose blacklisting
rules have been recognized by th~o.· Government Procurement Policy Board;
~-
Each of the documents submittcu in satisfaction of dte bidding requirements is an
;~ud1cntic copy of rhc original, complete, and all statements anu information providcu
du~rcin are true and correct;
5.
LNamt of Bidderjis aurhorizi.ng the Heau of the PhilH ealth or Its duly
reprcscntative(s) to verify all the documents submitted;
Page 56 of 59
Select one, delete tlJe rest:
6.
!fa sole proprielor.rbip: I am not relatc·d to the !lead of the Phill-lcalth, members of the Bids
and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat,
the head of the Project Management Ofticc or the end-user un..it, and the project
consultants by consanguirUty or affu1ity up to the third civil degree;
!fa part11ersbip or cooperalit~e:
None of the oftin:rs and members of fName of Bidder) is
related to the Head of Phi!Health, members of the Bids and Awards Committee (BAC),
the Technical Working Group, and the B.\C Secretariat, the head of the Project
Managcmenr Office or the end-user unit, and the project consultants by consangui.ni~· or
affm.ity up to the third civil degree;
lfa mrporation orjoint t't!JJ/IIrt: None of the officers, directors, ami controlling stockholders
of [Name q( Bidder} is rdatcd to the Head of the PhilHealth, members of the Bids and
Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the
head of the Project Management Ofticc or the end-user unit, and the project consultants
by consanguinity or affinity up to thl' third civil degree;
7.
[Name of Bidder] complies with existing labor la\\"S and standards; and
8.
[Name tif Bidder) is aware of and has undertaken the following responsibilities as a
Bidder:
a)
Carefully examine all of the Bidding Documents;
b) Acknowledge all conditions, local or otherwise, affecting the implementation of the
Contract;
c) Made an estin1atc of the facilirics available and needed for the contract to be bid, if
any; and
d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name q{tbe Projedj.
9.
[Name- '!f Birlde'iDid not give or pay directly or indirectly, any commission, amount, fee,
or any form of consideration, pecuniary or otherwise, to any person or official,
personnel or representative of the ( ~ovemmcnt in rdation to any procurement project
or activity.
IN WITNESS WHEREOF, I have lll'rewnu sl't my hand this _
_ _ _ _ _ _, Philippines.
day of _ _ , 20_ at
Biddl·r's Representative/ Authoriz ed Signatory
[]URA. I:J
Page 57 of 59
Annex "F"
R E PU BLI C O F T H E PHILil>PIN ES)
CITY OF
) S.S.
x-------------------------------------------------------x
BID-SEC UR ING D E CLAIM.T ION
Invitation to Bid/ Request for Expression of Interest N o.1: fbmrl rofe rr.na number)
To: [lnserllltJIIle and addresJ ~/the Proalfill~~ Ewli!J}
1/ We, the undersigned, declare that:
1.
1/We understa nd that, according to your conditions, bids m ust be ~uppotted by a Bid
Security, which may be in the fonn o f a Bid-Securing Declaration.
2.
1/ [/We accept that: (a) 1/ we will be automatically disqualified from bidding for any
conrract with any procuring entity for a period of two (2) years upon receipt of your
13lacklisting Order; and, (b) l/wc will pay the applicable fine prm-ided under Section 6 of
the G u idelines on the Use of Bid Securing Declaration, within fifteen (15) days from
receipt of the written demand by the procuring entity for the commission of acts
resulting to the enforcement of the bid securing declaration under Section 23.1 (b), 34.2,
40.1 and 69.1 (f), of the IRR of RA 91 H4; without prejudice to other legal action the
government may undertake.
3.
I /We understand that this Bid-Securing Declaration shall cease to be nlid on the
following circumstances:
(a)
Upon expiration of thl· bid \'alidity period, or any extension thereo f pursuant ro
your request;
(b)
I am/we are declared ineligible or post-clisqualified upon receipt of yo ur notice to
such effect, and (i) I/we failed ro timely ftlc a request for reco nsideration or (ii)
I/ we tiled a waiver to avail of said tigh t;
(c)
I am/we an· d eclared as the bidder with the Lowest Calculated and Responsiv e
Rated and Responsive Bid, and 1/wc have furnished the
performance security and signed the Contract.
Bid/Hi~hcs r
Page 58 of 59
IN WITNESS WHEREOF, 1/Wc have hereunto set my/our hand/s tllis _ _ day of [month}
[ytar] at fplare ofe.wt.'lllion].
{insert NAME OF BIDDER'S
AUTHORIZED
REPRESENTA TfVEJ
fliJscrt signatory1s legal capacity}
1\ffiant
SUBSCRIBED AND SWORN to before me this_ day of [n!OIII/J} [year) at [pla,·e ~fe......-eallionj ,
Philippines. Affiant/ s is/ arc personally known to me and was/ were identified by me through
competent C\-ldencc of identity as defined in the 200-t Rult.·s on Notari.'ll Practice (A.M. No. 028-13-SC). 1\ ffianr/ s cxllibitcd to mt.• his/her [in.rerl (Jpe qf ~~ovem1mnt idmtijimtion tard 11sedj, with
his/her photograph and sis.,,.nature appearing thereon, with no.
and his/her Community
Tax Cenificate No.
issued on
at - - Witness my hand and seal this _
day of fmonth! ['year].
NAME OF NOTARY PUBLIC
Serial No. of Commission - - - - Notary Public for
until _ __
RoU of r\ttomC}'S No. _ _
PTR No. _, {date is.r11ed}, (place iss11etfj
IBP No._, fd11te iu11edj, [plate iH11edj
Doc. No.
Page No._
Book No.
Series of _ _
Page 59 of 59