Philippine Ports Authority Port Management Office – General Santos Contract Reference Number: PR-GEN-2193-13 Supply and Delivery of Materials for Two (2)-Units, 175KVA 220V/460V, 3Phase, 60 Hz, Non Polychlorinated Biphenyl (PCB) Transformer with Complete Accessories at Port of General Santos, Makar Wharf, General Santos City Standard Form Number 001 Revised on: May 11, 2004 NO. ________ Republic of the Philippines Department of Trade & Industry (REGION) Certificate of Registration OF BUSINESS NAME THIS IS TO CERTIFY THAT ___________________________________________ as a business name, or firm or style was registered in this office on ________________________ by: ____________________________ which will expire on _________________, in accordance with the provisions of Act No. 3883 of the Philippine Legislature approved on November 14, 1931 as amended by Act No. 4147, approved November 28, 1934, and Republic Act No. 863, approved June 16, 1953, and in compliance with the rules and regulations prescribed by the Department of Trade and Industry. IN TESTIMONY WHEREOF, I have hereunto set my hand caused the seal of the DEPARTMENT OF TRADE AND INDUSTRY to be affixed at ___________________, Philippines, this _______ day of ________________, in the year of our Lord, ____________. Logo of DTI AFFIX DOCUMENTARY STAMP (Name of the Director) Director, DTI NOTE: THIS IS NOT A LICENSE TO ENGAGE IN ANY KIND OF BUSINESS. (VALID ONLY AT THE BUSINESS ADDRESS INDICATED HEREIN) Philippine Ports Authority Port Management Office – General Santos Contract Reference Number: PR-GEN-2193-13 Supply and Delivery of Materials for Two (2)-Units, 175KVA 220V/460V, 3Phase, 60 Hz, Non Polychlorinated Biphenyl (PCB) Transformer with Complete Accessories at Port of General Santos, Makar Wharf, General Santos City Standard Form Number 002 Revised on: July 29, 2004 Bilang _________ Republic of the Philippines Name of the City or Municipality Address Telephone and Fax Numbers Website Address E-mail Address PAHINTULOT SA PANGANGALAKAL (BUSINESS PERMIT) MATALASTAS NG LAHAT: (KNOW ALL MEN BY THESE PRESENTS:) Na Si/Ang: (That:) _________________________(Name of Bidder)______________________________ Na matatagpuan at may pahatirang sulat sa (with postal address at) _____________________________(Address of the Bidder)___________________________ Naitinatag ng may buong karapatan at umiiral sa ilalim ng mga batas ng (duly organized and existing under the laws of the) Republika ng Pilipinas, ay pinagkakalooban ng pahintulot na mangangalakal bilang (Republic of the Philippines, is hereby granted the permit to operate as) _____________________________________ Ngayong ika - _______________________ ng (on this) (day of) _____________________ Ang pahintulot na ito ay matatapos sa ika- __________________________ (This permit expires on) Malibang ito’y maagang bawiin at walaing bisa. (unless sooner revoked.) O.R. BILANG (OR No.) __________ HALAGA (Amount) __________ PETSA (Date) __________ (Name of Head) Business Permit Office (Name of Mayor) Punong Lungsod (Mayor) ITO AY DAPAT IPASKEL SA HAYAG NA POOK NG KALAKALAN AT DAPAT (This must be posted on conspicuous place and) IPAKITA SA SANDALING HINGIN NG MGA KINAUUKULANG MAYKAPANGYARIHAN. (to be presented upon demand by proper authorities.) SF - 1 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Standard Form Number 003 Revised on July 29, 2004 JOINT VENTURE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That this JOINT VENTURE AGREEMENT is entered into by and between: ___________, of legal age, __(civil status)__, owner/proprietor of _________________________ and a resident of ________________________. - and _______________________, of legal age, __(civil status)__, owner/proprietor ____________________ a resident of ____________________________________. of That both parties agree to join together their capital, manpower, equipment, and other resources and efforts to enable the Joint Venture to participate in the Eligibility Check, Bidding and Undertaking of the hereunder stated Contract of the Philippine Ports Authority –Port Management Office of General Santos. NAME OF PROJECT CONTRACT AMOUNT Supply and Delivery of Materials for Two (2)-Units 175KVA, 220V/460V Non Polychlorinated Biphenyl (PCB) Transformers with complete accessories Php1,151,650.00 That both parties agree to be jointly and severally liable for their participation in the Eligibility Check, Bidding and Undertaking of the said contract. That both parties agree that ___________________ and/or __________________ shall be the Official Representative of the Joint Venture, and are granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Joint Venture in the Eligibility Check, Bidding and Undertaking of the said contract, as fully and effectively and the Joint Venture may do and if personally present with full power of substitution and revocation. That this Joint Venture Agreement shall remain in effect only for the above stated Contracts until terminated by both parties. Done this _____ day of ______, in the year of our Lord _____. ____________________ ________________________ Witnesses: ________________________________ __________________________________ ACKNOWLEDGMENT BEFORE ME, this ____ day of _____ 2013 personally appeared _______________ and ________________________ with __________ identification number issued at SF - 2 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City ________________ on ________________ and ___________________ with identification card _________ with number issued at _____________ on _______________________, and they acknowledged to me that the above document is their true and correct deed. This document consisting of _____ pages is signed by the herein parties and their witnesses on each and every page thereof. Doc No. ________; Page No. _______; Book No. _______; Series of 2013 SF - 3 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Standard Form Number 004 Revised on: July 29, 2004 FORM OF BID SECURITY (BANK GUARANTEE) WHEREAS, __(Name of Bidder)__ (hereinafter called “the Bidder”) has submitted his bid dated __(Date)__ for the __(Name of Contract)__ (hereinafter called “the Bid”). KNOW ALL MEN by these presents that We __(Name of Bank)__ of __(Name of Country)__ having our registered office at ________________________ (hereinafter called “the Bank” are bound unto __(Name of Procuring Entity)__ (hereinafter called “the Entity”) in the sum of _______________ for which payment well and truly to be made to the said Entity the Bank binds himself, his successors and assigns by these presents. SEALED with the Common Seal of the said Bank this _____ day of _________ 20___. THE CONDITIONS of this obligation are that: 1) if the Bidder withdraws his Bid during the period of bid validity specified in the Form of Bid; or 2) if the Bidder does not accept the correction of arithmetical errors of his bid price in accordance with the Instructions to Bidder; or 3) if the Bidder having been notified of the acceptance of his bid and award of contract to him by the Entity during the period of bid validity: a) fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if required; or b) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders; we undertake to pay to the Entity up to the above amount upon receipt of his first written demand, without the Entity having to substantiate its demand, provided that in his demand the Entity will note that the amount claimed by it is due to the occurrence of any one or combination of the three (3) conditions stated above. The Guarantee will remain in force up to and including the date _______________ days after the deadline for submission of Bids as such deadline is stated in the Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE __________________ SIGNATURE OF THE BANK ______________________ WITNESS ____________________________ SEAL _________________________________ _____________________________________ (Signature, Name and Address) SF - 4 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Standard Form Number 005 Revised on: July 29, 2004 BID SECURITY: SURETY BOND BOND NO.: _______________________ DATE BOND EXECUTED: ___________________ By this bond, We __(Name of Bidder)__ (hereinafter called “the Principal”) as Principal and __(Name of Surety)__ of the country of (Name of Country of Surety), authorized to transact business in the country of __(Name of Country of Procuring Entity)__ (hereinafter called “the Surety”) are held and firmly bound unto __(Name of Procuring Entity)__ (hereinafter called “the Entity”) as Obligee, in the sum of ______________________, Philippine currency, callable on demand by the Entity for the payment of which sum, well and truly to be made, we, the said Principal and Surety bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this _____ day of ______________ 20 ________ WHEREAS, the Principal will submit a written Bid to the Entity on the __(Date)__ day of ___(Month)___ 20 _Year_, for the _____(Name of Contract)____ (hereinafter called “the Bid”). NOW, THEREFORE, the conditions of this obligation are that: 1) if the Principal withdraws his Bid during the period of bid validity specified in the Form of Bid; or 2) if the Principal does not accept the correction of arithmetical errors of his bid price in accordance with the Instruction’s to Bidders: or 3) if the Principal having been notified of the acceptance of his Bid and award of contract to him by the Entity during the period of bid validity: a) fails or refuses to execute the Form of Contract in accordance with the Instructions to Bidders, if required; or b) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders; then the Entity shall call on the bond upon a written demand to the Surety, and the Surety shall pay the Entity up to the entered amount of the Bond, upon receipt by the Surety of a written demand from the Entity, without the Entity having to substantiate its demand, provided that, in the demand, the Entity will note that the sum claimed by it is due to the occurrence of any or combination of the three conditions stated above. In this case, this obligation shall remain in full force and effect, otherwise it shall be null and void. PROVIDED HOWEVER, that the Surety shall not be: a) liable for a greater sum than the specified penalty of this bond, nor b) liable for a greater sum that the difference between the amount of the said Principal’s Bid and the amount of the Bid that is accepted by the Entity. This Surety executing this instrument hereby agrees that its obligation shall be valid for 120 calendar days after the deadline for submission of Bids as such deadline is stated in the SF - 5 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Instructions to Bidders or as it may be extended by the Entity, notice of which extension(s) to the Surety is hereby waived. PRINCIPAL ________________________ SURETY ______________________________ SIGNATURE(S) ____________________ SIGNATURES(S) _______________________ NAME(S) AND TITLE(S) _____________ NAME(S) _____________________________ SEAL ___________________________ SEAL ________________________________ SF - 6 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Standard Form Number 006 Revised on: August 11, 2004 REPUBLIC OF THE PHILIPPINES ) CITY OF _______________________ ) S.S. BID-SECURING DECLARATION Invitation to Bid/Request for Expression of Interest No.[Insert reference number] To: [Insert name and address of the Procuring Entity] I/We, the undersigned, declare that: 1. I/We understand that, according to your conditions, bids must be supported by a Bid Security, which may be in the form of a Bid-Securing Declaration. 2. I/We accept that: (a) I/we will be automatically disqualified from bidding for any contract with any procuring entity for a period of two (2) years upon receipt of your Blacklisting Order; and, (b) I/we will pay the applicable fine provided under Section 6 of the Guidelines on the Use of Bid Securing Declaration, if I/we have committed any of the following actions: (i) Withdrawn my/our Bid during the period of bid validity required in the Bidding Documents; or (ii) Fail or refuse to accept the award and enter into contract or perform any and all acts necessary to the execution of the Contract, in accordance with the Bidding Documents after having been notified of your acceptance of our Bid during the period of bid validity. 3. I/We understand that this Bid-Securing Declaration shall cease to be valid on the following circumstances: (a) Upon expiration of the bid validity period, or any extension thereof pursuant to your request; (b) I am/we are declared ineligible or post-disqualified upon receipt of your notice to such effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a waiver to avail of said right; (c) I am/we are declared as the bidder with the Lowest Calculated and Responsive Bid/Highest Rated and Responsive Bid, and I/we have furnished the performance security and signed the Contract. 1 Select one and delete the other. 2 Select one and delete the other. Adopt same instruction for similar terms throughout the document. 3 Issued by the GPPB through GPPB Resolution 03-2012 on 27 January 2012. 4 Select one and delete the other. SF - 7 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month] [year] at [place of execution]. [Insert NAME OF BIDDER’S AUTHORIZED EPRESENTATIVE] [Insert signatory’s legal capacity] Affiant SUBSCRIBED AND SWORN to [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______ and his/her Community Tax Certificate No. _______ issued on ______ at ______. Witness my hand and seal this ___ day of [month] [year]. Doc. No. ___ Page No. ___ Book No. ___ Series of ____ SF - 8 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Form Number 007 Omnibus Sworn Statement REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S. AFFIDAVIT I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that: 1. Select one, delete the other: If a sole proprietorship: I am the sole proprietor of [Name of Bidder] with office address at [address of Bidder]; If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder]; 2. Select one, delete the other: If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity]; If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)]; 3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local SF - 9 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board; 4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; 5. [Name of Bidder]is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted; 6. Select one, delete the rest: If a sole proprietorship: I am not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree; 7. [Name of Bidder] complies with existing labor laws and standards; and 8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examine all of the Bidding Documents; SF - 10 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract; c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the Project]. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines. _____________________________________ Bidder’s Representative/Authorized Signatory SUBSCRIBED AND SWORN TO before me this _________ day of ____________, 20____ affiant exhibiting to me his/her ________________________ Identification Card with No. ________ bearing his/her photograph and signature. Doc No.______ Page No.______ Book No.______ Series of 2013 SF - 11 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Form number 008 Bid Form Date: _______________________ ATTY. LUZ PATRICIA F. TANCO BAC-PG Chairperson Philippine Port Authority – PMO General Santos Makar Wharf, General Santos City Dear Atty. Tanco: We, the undersigned, declare that: (a) We have examined and have no reservation to the Bidding Documents, including Addenda, for the Contract Supply and Delivery of Materials for Two (2)-Units 175KVA, 220V/460V, 3 Phase, 60 Hz Non-Polychlorinated Biphenyl (PCB) Transformer with Complete Accessories at Port of General Santos, Makar Wharf, General Santos City; (b) We offer to execute the Works for this Contract in accordance with the Bid and Bid Data Sheet, General and Special Conditions of Contract accompanying this Bid; The total price of our Bid, excluding any discounts offered in item (d) below is: [insert information], to wit: The discounts offered and the methodology for their application are: [insert information]; (c) Our Bid shall be valid for a period of one hundred twenty (120) calendar days from the date fixed for the Bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period; (d) If our Bid is accepted, we commit to obtain a Performance Security in the amount of [insert percentage amount] percent of the Contract Price for the due performance of the Contract; (e) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities from the following eligible countries: [insert information]; (f) We are not participating, as Bidders, in more than one Bid in this bidding process, other than alternative offers in accordance with the Bidding Documents; SF - 12 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City (g) Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part of the Contract, has not been declared ineligible by the Funding Source; (h) We understand that this Bid, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal Contract is prepared and executed; and (i) We understand that you are not bound to accept the Lowest Evaluated Bid or any other Bid that you may receive. Name: In the capacity of: Signed: Duly authorized to sign the Bid for and on behalf of: Date: ________________________________________________________________ SF - 13 Philippine Ports Authority Port Management Office – General Santos Con Makar Wharf, General Santos City Bid Proposal Name of Bidder ________________________________________________ 1 2 3 4 5 6 Item Description Country of origin Quantity Unit price per item Total price SF - 14