INVITATION TO APPLY FOR ELIGIBILITY & TO BID - NFA

The schedule of bidding ac tivities are as follows:ACTIVITYDATE/TIME1. Publication/ADS/Posting IAEB March 16 to 22, 2011 @ 8:00 A.M. to 5:00 P.M.2. Issuance of Bidding Documents March 16 to April 1, 2011 @ 8:00 A.M. to 5:00 P.M.3. Pre-Bidding Conference March 23, 2011 @ 10:00 A.M.4. Submission & Opening of Bids/Eligibility Check April 4, 2011 @ 10:00 A.M.All bids must be accompanied by a Bid Security in an amount at leas t equal to, and not lower than apercentage of the Approved Budget for the Contract to be bid, in the following schedule and form or anycombination thereof:FORM OF BID SECURITYa. Cash, cashier’s/manager’s check issued by a Universal or CommercialBank.b. Ibank draft/guarantee or irrevocable letter of credit issued by a Universalor Commercial Bank: Provided, however, that it shall be confirmed orauthenticated by a Universal or Commercial Bank, if issued by a foreignbankc. Surety bond callable upon demand issued by a surety or insurancecompany duly certified by the Insurance Commission as authorized toissue such secur ity.d. Any combination of the foregoingAmount of Bid Security(Equal to Percentage of the ABC)Two percent (2%)Two percent (2%)Five percent (5%) oProportionate to share of form withrespect to total amount of securityBid Security shall be valid within 120 calendar days from the date of opening of the bid.Bidding will be conducted through open competitive bidding using nondiscretionary pass/fail criteria asspecified in the revised Implementing Rules and Regulations (IRR) of Republic Act 9184 (RA 9184),otherwise known as the “Government Procurement Reform Act”.Interested Bidders may obtain further information from the NATIONAL FOOD AUTHORITY and maypurchase a complete set of Bidding Documents from Mr. Rene T. Sarmiento/Ms. Carol Bermudez at 2nd Flrof NFA-NCR Bldg. located at United Nations Avenue, Paco, Manila from 8:00 AM to 5:00 PM withtelephone/fax nos. (02) 563-9437 / (02) 563-9465, upon payment of nonrefundable fee.Bids will be opened in the presence of the bidders or their respective authorized representative(s). Late Bidsshall not be accepted.THE NATIONAL FOOD AUTHORITY, NATIONAL CAPITAL REGION RESERVES THE RIGHT TOACCEPT OR REJECT ANY OR ALL BIDS, TO WAIVE ANY FORMALITIES OR DEFECTS FOUNDTHEREIN AND TO ANNUL THE BIDDING PROCESS AND REJECT ALL BIDS AT ANY TIME PRIOR TOCONTRACT AWARD, WITHOUT THEREBY INCURRING ANY LIABILITY TO THE AFFECTED BIDDEROR BIDDERS AND TO ACCEPT ONLY SUCH BIDS MOST ADVANTAGEOUS TO THE GOVERNMENT.MR. CELEDONIO P. MENDOZA, SR.Assistant Regional Director & RBAC ChairmanNATIONAL FOOD AUTHORITY-National Capital RegionU. N. Avenue, Paco, ManilaTelephone Numbers: (02) 563-9437Fax Numbers: (02) 563-9465Date of Publication : March 16, 2011Newspaper : PhilGEPS / NFA Website / BB(Page 2 of 2 pages (Invitation to Apply)

NATIONAL FOOD AUTHORITYNational Capital RegionU.N. Avenue, Paco, ManilaTERMS OF REFERENCE (TOR)The NFA-NCR Bids and Awards Committee is hereby recommending the following Terms ofReference to be adopted in the conduct of bidding for the procurement of Rental Service for six (6) unitsphotocopying machines.I. RATIONALEThe bidding of rental service for six (6) units photocopying machines will be undertaken to achieve thefollowing objectives:1) To uphold transparency and accountability.2) To achieve equity, effectiveness, efficiency and economy.3) To award the rental of six (6) units photocopying machines to themanufacturer/supplier/distributor/dealer whose offer is most advantageous to the government.It is understood that the ultimate goal of NFA is to gain the best value for the most reliable andefficient manufacturer/supplier/distributor/dealer for the procurement of rental service of the said items,the element of trust and confidence is paramount.II. SCOPE/ SUBJECT MATTER OF THE PROJECT1. Scope of Services – Supply and Installation of rented photocopying machines2. Volume and Delivery – 6 units photocopying machines shall be delivered and installed in thehereunder NFA-NCR installations:Regional Office, U.N. Avenue, Paco, Manila2 unitsCentral District Office (CDO), U.N. Avenue, Paco, Manila1 unitSouth District Office (SDO), DBP Avenue, FTI Complex, Taguig City1 unitNorth District Office (NDO)/(MTO), ACA Compound, Malanday Valenzuela 1 unitEast District Office (EDO), M.L. Quezon Ext., Bgy. San Roque, Antipolo City 1 unit3. Delivery and Installation – three (3) days after the issuance of notice to proceed.III. THE APPROVED BUDGET FOR THE CONTRACT (ABC)The total ABC for the project is amounting to P279,509.40.00 pesosIV. BIDDING FEEPayment of non refundable Bidding fee of P3, 500.00V. TECHNICAL SPECIFICATIONS FOR PHOTOCOPYING MACHINESBrand new Heavy duty photocopying machine with the hereunder features:1) Capacity 40-60 copies/minute2) Digital Copier3) Automatic Document Feeder4) Back to Back copying5) Built in Duplex Unit6) Reducer/Enlarger7) Continuous Copying8) Automatic Selection9) Automatic Magnification10) Automatic Exposure

VI. BIDDING SCHEDULEDATEa) Publication/ADS/Posting IAEB March 16-22, 2011TIMEb) Issuance of Bid Documents March 16 – April 1, 2011 8:00am-5:00pmc) Pre Bid Conference March 23, 2011 10:00amd) Submission/Opening of Bids / April 4, 2011 10:00amEligibility CheckVII. THE BID OFFER/PROPOSALa) The Approved Budget for the Contract (ABC) shall be the ceiling for acceptable bid offers.b) Bid offer higher than the Approved Budget for the Contract (ABC) shall not be accepted.c) Bids shall be prepared and presented using the prescribed formats.d) Total Bid offers shall be inclusive of VAT.e) Bid offer shall be valid for 120 calendar days from the opening of the bids .VIII. WHO MAY PARTICIPATE IN THE BIDDINGAny Bona Fide service providers of Rented Photocopying Machines .IX. OBLIGATION/ RESPONSIBLITIES OF PROSPECTIVE BIDDERSa) The prospective bidder should be knowledgeable of Republic Act (RA) 9184 and its RevisedImplementing Rules and Regulations (IRR).b) The prospective bidder should obtain for himself all the necessary information as to risk,contingencies and other circumstances which may influence or affect his bid.c) The prospective bidder should carefully examine the bidding documents and follow all instructionsstated therein.Bidders are encouraged to review all the documents provided as well as the provision of RA 9184and its Revised IRR.d) The prospective bidder is required to submit the bidding documents as enumerated in the Checklistand following the prescribed standard (samples of which are included in the Bid Documents Folder).e) The prospective bidder is required to file/ arrange the bid documents in the sequences presented inthe checklist with the appropriate tabbing. This is to facilitate checking during eligibility check andopening of the bids .X. ELIGIBILITY REQUIREMENTSEnvelope “1”(Class “A” Documents) / Other Documents requiredA. Eligibility requirements under Section 23.1 of the Revised IRR, R.A. 9184(Class “A” Documents)A-1 Legal DocumentsNotarized Application for Eligibility and to Bid(Annex “A”)

1. Certificate of or Business Name Registration of the Firm or whichever may be appropriate underexisting laws of the Philippines, supported with the necessary information using the prescribed formfrom either of the following whichever is applicable:Department of Trade and Indus try (DTI); orSecurity Exchange Commission (SEC); orCooperative Development Author ity (CDA); or(SF-GOOD-08 / Annex “B”)2. Valid 2010 Mayor’s Permit/municipal license/ Business Permit (SF-GOOD-09 / Annex “C”)(Class “B” Documents – JOINT VENTURE)1. Valid Joint Venture Agreement (JVA), in case the joint venture is already in existence. In the absenceof a JVA, duly notarized statements from all the potential joint venture partners stating that they willenter into and abide by the provisions of the JVA in the instance that the bid is successful shall beincluded in the bid. Failure to enter into a joint venture in the event of a contract award shall be groundfor the forfeiture of the bid security. Each partner of the joint venture shall submit the legal eligibilitydocuments. The submission of technical and financial eligibility documents by any of the joint venturepartners constitutes compliance.A-2 Technical Documents 1. Statement of all on-going government and private contracts, including contracts awarded but not yetstarted with the following information:a. Name of Contractb. Date Awardedc. Date Started (SF-GOOD-13a / Annex “D”)d. Date of Completione. Value of Outstanding Worksf. Bidder’s Role (to specify if the prospective bidder is supplier or with other role)2. Statement of all government and private contracts completed which are similar in nature to the Projectto be bid. Within the last three (3) years, adjusted to current prices using consumer’s price index withthe following information:a. Name of Contractb. Date Awardedc. Effectivity of the Contract (SF-GOOD-13b / Annex “E”)d. Duration of the Contracte. Date Completedf. Amount at Awardg. Amount at Completionh. Bidder’s Role (to specify if the prospective bidder is supplier or with other role)3. The prospective bidder must have completed, within the period specified in the Invitation to Bid, asingle contract that is similar to the contract to be bid, and whose value, adjusted to current pricesusing the National Statistics Office (NSO) consumer price indices, must be at least fifty percent (50%)of the ABC. However, in the case of Expendable Supplies, said single contract must be at least twentyfive percent (25%) of the ABC or in lieu of the above, may require the following:a) The prospective bidder should have completed at least two (2) similar contracts and theaggregate contract amounts should be equivalent to at least the percentage of the ABC asrequired above; andb) The largest of these similar contracts must be equivalent to at least half of the percentage of theABC as required above.4. Notarized Certificate of Completion to be ex ecuted by the bidder . (Annex “F”)5. End-User’s Certificate of Completion and Ac ceptance (Annex “G”)

A-3 Financial Documents1. Audited 2010 Financial Statements, stamped “RECEIVED” by the Bureau of Internal Revenue (BIR) orits accredited and authorized institutions, showing among other prospective bidder’s total and currentassets and liabilities2. Financial Documents for Eligibility Check (SF-GOOD-14 / Annex “H”)3. Duly Signed Computation of Net Financial Contracting Capacity (NFCC), (SF-GOOD-14 / Annex “I”)ORA Credit Line Certificate (CLC) issued by a Universal or Commercial Bank at least equal to ten percent(10%) of the Approved Budget for the Contract (ABC)B. Eligibility requirements under Section 25.2 of the Revised IRR, R.A. 91841. Bid security in the prescribed form, amount of and validity periodAmount of Bid SecurityFORM OF BID SECURITY(Equal to Percentage of the ABC)a. Cash or cashier’s/manager’s check issued by aUniversal or Commercial Bank.b. Bank draft/ guarantee or irrevocable letter of creditissued by a Universal or Commercial Bank:Two percent (2%)Provided, however, that it shall be confirmed orauthenticated by a Universal or Commercial Bank,if issued by a foreign bank.c. Surety bond callable upon demand issued by a suretyor insurance company duly certified by the InsuranceFive percent (5%)Commission as authorized to issue such secur ity.Proportionate to share of form withd. Any combination of the foregoingrespect to total amount of securityBid Security shall be valid within 120 calendar days from the date of opening of the bid. Should itbecome necessary to extend the validity of the bids and bid securities beyond one hundred twenty (120)calendar days, the procuring entity concerned shall request in writing all those who submitted bids forsuch extension before the expiration date therefore. Bidders, however, shall have the right to refuse togrant such extension without forfeiting their bid security.2. OMNIBUS Sworn Statement by the prospective bidder or its duly authorized representative as to thefollowing : (Annex-J)1. The signatory is the duly authorized representative of the prospective bidder, andgranted full power and authority to do, execute and perform any and all acts necessaryand/or to represent the prospective bidder in the bidding, with the duly notarizedSecretary’s Certificate attesting to such fact, if the prospective bidder is a corporation,partnership, cooperative ort joint venture;2. It is not “blacklisted” or barred from bidding by the GOP any of its agencies,offices, corporations or LGU’s, including foreign government/foreign or internationalfinancing institution whose blacklisting rules have been recognized by the GPPB;3. Each off the documentss submitted in satisfaction of the bidding requirements isan authentic copy of the original, complete, and all statements and information providedtherein are true and correct;4. It is authorizing the Head of the Procuring entity or its duly asuthorizedrepresentative/s to verify all documents submitted;5. It complies with the disclosure provision under Section 47 of the Act in relation toother provisions of RA 3019;

6. It complies with existing labor laws and standards, in the case of procurementservices, and7. It complies with the responsibilities of a prospective or eligible bidders.ENVELOPE “2”1. Bid Proposal [use the form provided and place it in Envelope “2”]N.B. Failure to submit any of the above requirements shall mean automatic disqualification ofthe concerned applicant.ADDITIONAL REQUIREMENTS to be submitted within three (3) calendar days from receipt bythe bidder of the notice from the RBAC that the Bidder has the Lowest Calculated Bid orHighest Rated Bid under Section 34.2 of the Revised IRR, R.A. 9184, namely: 1. Latest income and business tax returns2. Certification of PHILGEPS Registration3. TAX CLEARANCE (BIR Form No. 17.14B under E.O. No. 398)4. VAT or NON-VAT Registration Certificate5. Community Tax Certificate of the Applicant6. BIR Tax Identification Number CARD (TIN CARD) (SF-GOOD-21 / Annex “K”)-CONTRACTOR’S PROFILE7. List of Names of company officers and personnel with their designation and pos itionD8. Appointment of Liais on Officer9. PASSPORT size picture with accompanying three (3) specimen signatures of the dulyauthorized representative named in the Author ity of Signatory/SPAs (Annex “L”)NOTE WELL: FAILURE TO SUBMIT the above requirements ON TIME or a FINDING AGAINSTTHE VERACITY of SUCH shall be ground for the forfeiture of the bid security anddisqualification of the bidder from award.XI. BID SECURITYThe bid security shall be in an amount equal to a percentage of the ABC in accordance with the followingschedule:FORM OF BID SECURITYa. Cash or cashier’s/manager’s check issued by aUniversal or Commercial Bank.b. Bank draft/ guarantee or irrevocable letter of creditissued by a Universal or Commercial Bank:Provided, however, that it shall be confirmed orauthenticated by a Universal or Commercial Bank,if issued by a foreign bank.c. Surety bond callable upon demand issued by a suretyor insurance company duly certified by the InsuranceCommission as authorized to issue such secur ity.d. Any combination of the foregoingAmount of Bid Security(Equal to Percentage of the ABC)Two percent (2%)Five percent (5%)Proportionate to share of form withrespect to total amount of securityFor biddings conducted by LGUs, the prospective bidder may also submit bid securities in the form ofcashier’s/manager’s check, bank draft/guarantee, or irrevocable letter of credit from other banks certified bythe BSP as authorized to issue such financial instrument.XII. CONDITIONS IN THE DETERMINATION OF LOWEST CALCULATED BID OFFERS1) Bid offer should not exceed the Approved Budget for the Contract (ABC)

2) In the event that there will be two or more offerors with the same bid for the lot, this shall be resolvedthrough the drawing of lots.XIII. PERFORMANCE SECURITY1) To guarantee the faithful performance of the successful bidder of his obligation under contract, thewinning bidder shall post a Performance Security within ten (10) calendar days upon issuance ofNotice of Award.2) The required amount of the above form of security shall be in accordance with the followingschedule:FORM OF PERFORMANCE SECURITYa. Cash, cashier’s/manager’s check, bank draft/guaranteeconfirmed by a Universal or Commercial Bank.b. Bank draft/ guarantee or irrevocable letter of creditissued by a Universal or Commercial Bank: Provided,however, that it shall be confirmed or authenticated by aUniversal or Commercial Bank, if issued by a foreignbank.c. Surety bond callable upon demand issued by a surety orinsurance company duly cer tified by the InsuranceCommission as authorized to issue such secur ity.d. Any combination of the foregoingMINIMUM % OF TOTAL CONTRACTPRICEFive percent (5%) of ABCFive percent (5%) of ABCThirty percent (30%) of ABCProportionate to share of form withrespect to total amount of security3) The performance security or surety bond shall guarantee the faithful performance of the contractor’sobligations, as well as, answer for all its (contractor) liabilities under the contract. Shouldperformance security be not sufficient to cover contractor’s liabilities, the remaining balance shallbe paid by the concerned contractor.4) The performance security or surety bond will answer for the faithful performance of the terms andconditions of the contract as well as any of the following:a) For losses, shortages and damages attributable to Contractor’s fault/ negligenceb) For additional expenses incurred due to Contractor’s failure to haul without valid or justifiablecause.c) For litigation expenses, attorney’s fee, and liquidated damages that maybe incurred as a resultof the breach of obligations by the contractor under the terms and conditions.5) A performance security shall be posted by the bidder.6) Release of performance bond shall only be made upon termination of the contract and liquidation ofthe contractor’s liabilities under the contract.7) In the release of the performance security hereunder are the following documentary requirements tobe submitted:a) official requestb) certificate of completion/ acceptancec) original copy of official receiptXIV. OBLIGATIONS/ RESPONSIBILITIES OF THE SERVICE PROVIDER1. Delivery and installation of photocopying machines shall be made in accordance with the specifiedperiod and places.2. Periodic inspection and adjustments as deemed necessary to keep the machines in good workingconditions.3. Replacement of machines within 2 days upon receipt of notice from NFA-NCR in case ofbreakdown/bogged down by reason not attributable to NFA.4. Supply of all the photocopying consumable such as toner which shall be supplied on a one (1) bottleper month per unit basis or upon request of the operator whichever comes first for the machineexcept for paper, which can be sourced by NFA from other suppliers.

5. All expenses, losses and damages which may be incurred while the items for delivery are in transit,shall be borne by the service provider.6. Comprehensive operator training of at least two (2) authorized NFA employees per photocopyingunit.7. Delivery and installation charges shall be shouldered by the service provider.8. The service provider shall not charge NFA for any Deposit.XV. OBLIGATIONS OF NFA1. To serve the Notice to Proceed within 5 calendar days upon approval of the contract indicatingtherein the item description, quantity and places of delivery and installation.2. Payment to the service provider for broken parts of the machine, like platen cover , front door andtrays incase of breakage is due to the fault of NFA.3. Keep the machines in a safe place within NFA’s premises4. Take care of the machines with diligence and not allow unauthorized persons to operate the same.5. Avoid minor or major alterations/change in the machines6. Not to sell, assign, transfer, convey, sublease, mortgage, encumber or do anything on the machinesor its rights without the prior written consent of the service provider.7. Immediately inform the service provider, in case the machine/s is levied upon or attached or underthreat of being levied upon or attached, and indemnify, protect, defend and save free and harmless,at its own costs, the service provider and/or the machine/s against such levy or attachment.8. To conduct inspection upon delivery of said items in the presence of the supplier or his authorizedrepresentative. For this purpose, a team shall be created with the following composition:Team Leader - REO Members - Accounting RepresentativeAO IV/Supply OfficerObserver - COA Representative9. To issue an Inspection and Acceptance Report for the delivery and installation of 6 unitsphotocopying machines in accordance with the NFA specifications.XVI. TESTING PROCEDUREUpon receipt of the item at the NFA designated delivery areas, the NFA-NCR Inspection Team/Committee shall conduct physical testing and inspection as to conformity to specification and quantityof the delivered products. The physical testing shall be conducted in the presence of theCONTRACTOR or his authorized representative. However, the RBAC may order the conduct of anocular or site inspection prior to award of contract.Methodology – 100% of the delivered items shall be subjected to physical testing, to determineconformity with the specifications.In the event that the results of the physical testing and inspection show that the product/s delivered arenot in accordance with the specifications, the committee shall reject and notify the CONTRACTORwithin two days of the reason of its rejection. Rejected items shall be returned to the contractor/supplier only upon receipt of the acceptable replacement within five days.CONTRACTOR, shall therefore, within five (5) working days from the date of receipt of notice ofrejection, replace the product/s with those that conform with the specifications, failure to replace therejected items within 5 days after receipt of the notice of rejection, the supplier/contractor shall beconsidered in default and shall cause the forfeiture of the performance bond.XVII. CONTRACT PRICESAll bids shall be considered as fixed prices and therefore not subject to price escalation during thecontract implementation.

XVIII. WARRANTY1. The supplier warrants that all goods supplied under this contract shall have no defect arising fromdesign, materials, or workmanships or from any act or omission of the supplier that may develop undernormal use of the supplied goods.2. The contractor warrants to replace machine/s incase repair will take more than two (2) days andNFA shall have the option to outsource the reproduction of documents until such time that themachine/s has been replaced or repaired. Expenses incurred by NFA as evidenced by Official Receiptsissued by other service providers shall be deducted from the monthly claims of the contractor.XIX. AWARDING AND SIGNING OF CONTRACT1. The RBAC shall recommend the aw ard of the contract to the Regional Director.2. The Regional Director shall approve the contract.3. The RBAC shall then notify the winning bidder accordingly as well as the losing bidders whosebonds shall be returned upon written request.4. In the event that the bidder with the lowest calculated responsive bid refuses, without justifiablecause to accept the award of contract, the RBAC may opt to do the following:a. Forfeit the bidder’s securityb. Offer the contract to the second lowest calculated bidder at the winning bid price; orc. Conduct another bidding pursuant to Section 35.1.d of R.A. 9184.5. Presence of the RBAC, TWG, COA representative, 3 rd party representative and the Secretariat arerequired in the contract signing.XX. COMPUTATION OF CHARGES1. Monthly rental fee of P3,523.00/photocopying machine.2. Copy charge of P0.542 per copy in excess of 6,500 copies per unit.3. Copy charges shall be computed from the date of installation of the machine/s as evidenced by theservice providers delivery receipt duly acknowledged by NFA representative.4. Copy charge is computed by multiplying the number of net copies by the corresponding price percopy. The number of net copies is determined by deducting total spoilage in the gross copies. Thenumber of gross copies is determined by meter reading performed by authorized employee of theservice provider based on agreed cut off date and done in the presence of a representative (NFAMachine Operator) of NFA.5. The total spoilage is either actual or 2% of the gross copies per month, whichever is lower.XXI. OWNERSHIP OF THE MACHINESThe machines and its accessories shall at all times remain the property of the service provider.XXII. PAYMENT OF RENTAL FEE AND COPY CHARGES1. Rental and copy charges shall be payable to the service provider monthly within seven (7)days from receipt of invoice/statement of account, on a per district/office basis. However for theinitial/first’s month’s payment, the NFA shall pay the service provider within seven (7) daysupon presentation of the hereunder documents.a) Statement of Account/Billingb) Delivery Receiptc) Notice of awardd) Notice to proceede) Contract2. Cheque payment shall be made by the respective District/Office subject to the usualaccounting and auditing r ules and regulations.

XXIII. EFFECTIVITY AND DURATION OF THE CONTRACTThe contract for rental service for photocopying machines shall take effect immediately upon signingthereof by the contracting parties, but in no case beyond seven (7) days upon receipt of notice toproceed, and shall expire December 31, 2011 unless sooner terminated for violations(s) of the termsand conditions.XXIV. ENTIRETY CLAUSE1. The contract to be signed by both parties shall be understood to contain all the agreement betweenthe parties and all bid documents considered as integral part of the contract.2. No alterations, ammendments, and or modification to the contract shall be considered valid unlessagreed upon by both parties contained in a duly notarized document.XXV. RESERVATION CLAUSEThe NFA-NCR Regional Bids and Awards Committee reserves the right to accept or reject any bid orall bids to annul the bidding process, and to reject any or all bids at any time prior to contract award,without thereby incurring any liability to the affected bidder or bidders.MEMBER:MYRNA R. DOMINGOManager, CPOARNEL C. ALFONSORegional Adm. OfficerROBERTO S. MUSNGIManager, NDOBERNARDO M. ASETREVice-Chairman, RBACand Manager , SDOCELEDONIO P. MENDOZA, SR.Chairman, Regional Bids and AwardsCommittee (RBAC) and Asst. Regional DirectorApproved/Disapproved:JOSEPH Y. DELA CRUZ, CESO VHead of the Procuring Entity (HOPE)And Regional Director, NFA-NCR