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Philippine Bidding Documents - UP Baguio

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5. Eligible Bidders5.1. Unless otherwise indicated in the BDS, the following persons shall be eligible toparticipate in this bidding:(a)(b)(c)(d)(e)Duly licensed Filipino citizens/sole proprietorships;Partnerships duly organized under the laws of the <strong>Philippine</strong>s and of which atleast sixty percent (60%) of the interest belongs to citizens of the <strong>Philippine</strong>s;Corporations duly organized under the laws of the <strong>Philippine</strong>s, and of which atleast sixty percent (60%) of the outstanding capital stock belongs to citizens ofthe <strong>Philippine</strong>s;Cooperatives duly organized under the laws of the <strong>Philippine</strong>s, and of which atleast sixty percent (60%) of the interest belongs to citizens of the <strong>Philippine</strong>s;andPersons/entities forming themselves into a JV, i.e., a group of two (2) or morepersons/entities that intend to be jointly and severally responsible or liable for aparticular contract: Provided, however, that Filipino ownership or interest of thejoint venture concerned shall be at least sixty percent (60%).5.2. Foreign bidders may be eligible to participate when any of the followingcircumstances exist, as specified in the BDS:(a)(b)(c)(d)When a Treaty or International or Executive Agreement as provided in Section4 of the RA 9184 and its IRR allow foreign bidders to participate;Citizens, corporations, or associations of a country, included in the list issued bythe GPPB, the laws or regulations of which grant reciprocal rights or privilegesto citizens, corporations, or associations of the <strong>Philippine</strong>s;When the Goods sought to be procured are not available from local suppliers;orWhen there is a need to prevent situations that defeat competition or restraintrade.5.3. Government corporate entities may be eligible to participate only if they canestablish that they (a) are legally and financially autonomous, (b) operate undercommercial law, and (c) are not dependent agencies of the GOP or the ProcuringEntity.5.4. Unless otherwise provided in the BDS, the Bidder must have completed at leastone contract similar to the Project the value of which, adjusted to current pricesusing the National Statistics Office consumer price index, must be at leastequivalent to a percentage of the ABC stated in the BDS.For this purpose, contracts similar to the Project shall be those described in the BDS,and completed within the relevant period stated in the Invitation to Bid and ITB Clause12.1(a)(iii).5.5. Unless otherwise provided in the BDS, the Bidder must submit a computation ofits Net Financial Contracting Capacity (NFCC) or a commitment from a Universalor Commercial Bank to extend a credit line in its favor if awarded the contract forthis Project (CLC).The NFCC, computed using the following formula, must be at least equal to the ABC tobe bid:NFCC = [(Current assets minus current liabilities) (K)] minus the value of alloutstanding or uncompleted portions of the projects under ongoingcontracts, including awarded contracts yet to be started coinciding withthe contract for this Project.Page 5 of 38

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