A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...
A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ... A. General 1. Scope of Bid 2. Source of Funds 3. Corrupt, Fraudulent ...
Instructions to Bidders(iv)“coercive practices” means harming or threatening to harm,directly or indirectly, persons, or their property to influencetheir participation in a procurement process, or affect theexecution of a contract;(b)will reject a proposal for award if it determines that the Bidderrecommended for award has engaged in any of the practices mentionedin this Clause for purposes of competing for the contract.3.2. Further, the Procuring Entity will seek to impose the maximum civil,administrative, and/or criminal penalties available under applicable laws onindividuals and organizations deemed to be involved in any of the practicesmentioned in ITB Clause 3.1 (a);3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right toinspect and audit records and accounts of a bidder or supplier in the biddingfor and performance of a contract themselves or through independent auditorsas reflected in the GCC Clause 3.4. Conflict of Interest4.1. All Bidders found to have conflicting interests shall be disqualified toparticipate in the procurement at hand, without prejudice to the imposition ofappropriate administrative, civil, and criminal sanctions. A Bidder may beconsidered to have conflicting interests with another Bidder in any of theevents described in paragraphs (a) through (c) below and a general conflict ofinterest in any of the circumstances set out in paragraphs (d) through (f)below:(a) A Bidder has controlling shareholders in common with another Bidder;(b) A Bidder receives or has received any direct or indirect subsidy fromany other Bidder;(c) A Bidder has the same legal representative as that of another Bidderfor purposes of this bid;(d) A Bidder has a relationship, directly or through third parties, that putsthem in a position to have access to information about or influence onthe bid of another Bidder or influence the decisions of the ProcuringEntity regarding this bidding process. This will include a firm or anorganization who lends, or temporarily seconds, its personnel to firmsor organizations which are engaged in consulting services for thepreparation related to procurement for or implementation of the projectif the personnel would be involved in any capacity on the same project;(e) A Bidder submits more than one bid in this bidding process. However,this does not limit the participation of subcontractors in more than onebid; or(f) A Bidder who participated as a consultant in the preparation of thedesign or technical specifications of the Goods and related services thatare the subject of the bid.4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documentsshall be accompanied by a sworn affidavit of the Bidder that it is not related tothe Head of the Procuring Entity, members of the Bids and Awards Committee(BAC), members of the Technical Working Group (TWG), members of theBAC Secretariat, the head of the Project Management Office (PMO) or theend-user unit, and the project consultants, by consanguinity or affinity up toPage 2 of 40
Instructions to Biddersthe third civil degree. On the part of the Bidder, this Clause shall apply to thefollowing persons:(a)(b)(c)(d)If the Bidder is an individual or a sole proprietorship, to the Bidderhimself;If the Bidder is a partnership, to all its officers and members;If the Bidder is a corporation, to all its officers, directors, andcontrolling stockholders; andIf the Bidder is a joint venture (JV), the provisions of items (a), (b), or(c) of this Clause shall correspondingly apply to each of the membersof the said JV, as may be appropriate.5. Eligible BiddersRelationship of the nature described above or failure to comply with thisClause will result in the automatic disqualification of a Bidder.5.1. Unless otherwise indicated in the BDS, the following persons shall be eligibleto participate in this bidding:(a)(b)(c)(d)Duly licensed Filipino citizens/sole proprietorships;Partnerships duly organized under the laws of the Philippines and ofwhich at least sixty percent (60%) of the interest belongs to citizens ofthe Philippines;Corporations duly organized under the laws of the Philippines, and ofwhich at least sixty percent (60%) of the outstanding capital stockbelongs to citizens of the Philippines;Cooperatives duly organized under the laws of the Philippines, and ofwhich at least sixty percent (60%) of the interest belongs to citizens ofthe Philippines; and(e) Persons/entities forming themselves into a JV, i.e., a group of two (2)or more persons/entities that intend to be jointly and severallyresponsible or liable for a particular contract: Provided, however, thatFilipino ownership or interest of the joint venture concerned shall be atleast 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 inSection 4 of the RA 9184 and its IRR allow foreign bidders toparticipate;Citizens, corporations, or associations of a country, included in the listissued by the GPPB, the laws or regulations of which grant reciprocalrights or privileges to citizens, corporations, or associations of thePhilippines;When the Goods sought to be procured are not available from localsuppliers; orWhen there is a need to prevent situations that defeat competition orrestrain trade.5.3. Government corporate entities may be eligible to participate only if they canestablish that they (a) are legally and financially autonomous, (b) operateunder commercial law, and (c) are not dependent agencies of the GOP or theProcuring Entity.Page 3 of 40
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Instructions to <strong>Bid</strong>ders(iv)“coercive practices” means harming or threatening to harm,directly or indirectly, persons, or their property to influencetheir participation in a procurement process, or affect theexecution <strong>of</strong> a contract;(b)will reject a proposal for award if it determines that the <strong>Bid</strong>derrecommended for award has engaged in any <strong>of</strong> the practices mentionedin this Clause for purposes <strong>of</strong> competing for the contract.<strong>3.</strong><strong>2.</strong> Further, the Procuring Entity will seek to impose the maximum civil,administrative, and/or criminal penalties available under applicable laws onindividuals and organizations deemed to be involved in any <strong>of</strong> the practicesmentioned in ITB Clause <strong>3.</strong>1 (a);<strong>3.</strong><strong>3.</strong> Furthermore, the Funding <strong>Source</strong> and the Procuring Entity reserve the right toinspect and audit records and accounts <strong>of</strong> a bidder or supplier in the biddingfor and performance <strong>of</strong> a contract themselves or through independent auditorsas reflected in the GCC Clause <strong>3.</strong>4. Conflict <strong>of</strong> Interest4.<strong>1.</strong> All <strong>Bid</strong>ders found to have conflicting interests shall be disqualified toparticipate in the procurement at hand, without prejudice to the imposition <strong>of</strong>appropriate administrative, civil, and criminal sanctions. A <strong>Bid</strong>der may beconsidered to have conflicting interests with another <strong>Bid</strong>der in any <strong>of</strong> theevents described in paragraphs (a) through (c) below and a general conflict <strong>of</strong>interest in any <strong>of</strong> the circumstances set out in paragraphs (d) through (f)below:(a) A <strong>Bid</strong>der has controlling shareholders in common with another <strong>Bid</strong>der;(b) A <strong>Bid</strong>der receives or has received any direct or indirect subsidy fromany other <strong>Bid</strong>der;(c) A <strong>Bid</strong>der has the same legal representative as that <strong>of</strong> another <strong>Bid</strong>derfor purposes <strong>of</strong> this bid;(d) A <strong>Bid</strong>der has a relationship, directly or through third parties, that putsthem in a position to have access to information about or influence onthe bid <strong>of</strong> another <strong>Bid</strong>der or influence the decisions <strong>of</strong> the ProcuringEntity regarding this bidding process. This will include a firm or anorganization who lends, or temporarily seconds, its personnel to firmsor organizations which are engaged in consulting services for thepreparation related to procurement for or implementation <strong>of</strong> the projectif the personnel would be involved in any capacity on the same project;(e) A <strong>Bid</strong>der submits more than one bid in this bidding process. However,this does not limit the participation <strong>of</strong> subcontractors in more than onebid; or(f) A <strong>Bid</strong>der who participated as a consultant in the preparation <strong>of</strong> thedesign or technical specifications <strong>of</strong> the Goods and related services thatare the subject <strong>of</strong> the bid.4.<strong>2.</strong> In accordance with Section 47 <strong>of</strong> the IRR <strong>of</strong> RA 9184, all <strong>Bid</strong>ding Documentsshall be accompanied by a sworn affidavit <strong>of</strong> the <strong>Bid</strong>der that it is not related tothe Head <strong>of</strong> the Procuring Entity, members <strong>of</strong> the <strong>Bid</strong>s and Awards Committee(BAC), members <strong>of</strong> the Technical Working Group (TWG), members <strong>of</strong> theBAC Secretariat, the head <strong>of</strong> the Project Management Office (PMO) or theend-user unit, and the project consultants, by consanguinity or affinity up toPage 2 <strong>of</strong> 40
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