21-053-1 Bid Docs
21-053-1 Bid Docs
(FRAMEWORK AGREEMENT)
Sixth Edition
July 2020
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Table of Contents
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Section VIII. Checklist of Technical and Financial Documents 43
Annex “A” 46
Bid Form 46
Annex B 50
STATEMENT OF SINGLE LARGEST COMPLETED CONTRACT SIMILAR TO
THE CONTRACT TO BE BID 53
Statement of: (i) Ongoing Contracts and; (ii) Awarded But Not Yet Started Contracts 54
Framework Agreement 55
“Annex E” 59
JOINT VENTURE AGREEMENT 59
MISCELLANEOUS PROVISIONS 62
“Annex I” 68
REQUIREMENTS FOR SIMILAR CONTRACT 73
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Glossary of Acronyms, Terms, and
Abbreviations
ABC –Approved Budget for the Contract.
Bid – A signed offer or proposal to undertake a contract submitted by a bidder in response to and
in consonance with the requirements of the bidding documents. Also referred to as Proposal and
Tender. (2016 revised IRR, Section 5[c])
Bidding Documents – The documents issued by the Procuring Entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the Goods,
Infrastructure Projects, and/or Consulting Services required by the Procuring Entity. (2016
revised IRR, Section 5[e])
Consulting Services – Refer to services for Infrastructure Projects and other types of projects or
activities of the GOP requiring adequate external technical and professional expertise that are
beyond the capability and/or capacity of the GOP to undertake such as, but not limited to: (i)
advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related services; and (vi) other technical services
or special studies. (2016 revised IRR, Section 5[i])
Contract – Refers to the agreement entered into between the Procuring Entity and the Supplier
or Manufacturer or Distributor or Service Provider for procurement of Goods and Services;
Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for
Procurement of Consulting Services; as the case may be, as recorded in the Contract Form
signed by the parties, including all attachments and appendices thereto and all documents
incorporated by reference therein.
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DDP – Refers to the quoted price of the Goods, which means “delivered duty paid.”
EXW – Ex works.
Goods – Refer to all items, supplies, materials and general support services, except Consulting
Services and Infrastructure Projects, which may be needed in the transaction of public businesses
or in the pursuit of any government undertaking, project or activity, whether in the nature of
equipment, furniture, stationery, materials for construction, or personal property of any kind,
including non-personal or contractual services such as the repair and maintenance of equipment
and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services,
as well as procurement of materials and supplies provided by the Procuring Entity for such
services. The term “related” or “analogous services” shall include, but is not limited to, lease or
purchase of office space, media advertisements, health maintenance services, and other services
essential to the operation of the Procuring Entity. (2016 revised IRR, Section 5[r])
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buildings, hospital buildings, and other related construction projects of the government. Also
referred to as civil works or works. (2016 revised IRR, Section 5[u])
Supplier – refers to a citizen, or any corporate body or commercial company duly organized and
registered under the laws where it is established, habitually established in business and engaged
in the manufacture or sale of the merchandise or performance of the general services covered by
his bid. (Item 3.8 of GPPB Resolution No. 13-2019, dated 23 May 2019). Supplier as used in
these Bidding Documents may likewise refer to a distributor, manufacturer, contractor, or
consultant.
UN – United Nations.
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Section I. Invitation to Bid
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INVITATION TO BID
FOR THE
SUPPLY AND DELIVERY OF VARIOUS PAPER PRODUCTS
FOR THE PROCUREMENT SERVICE
Approved
Lot Price of Bid Delivery
Quantity Item/Description Budget for the
No. Documents Period
Contract
Please refer to
1 9,016 packs WRAPPING PAPER ₱ 1,397,480.00 ₱1,000.00 Section VI.
Schedule of
Requirements
(Framework
THERMAL, PAPER Agreement
2 33,275 rolls
216mm
₱ 2,029,775.00 ₱1,000.00 List)
Bidders should have completed, within five (5) years prior to the date of submission and receipt
of bids, a contract similar to the Project.
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3. Bidding will be conducted through open competitive bidding procedures using a non-
discretionary “pass/fail” criterion as specified in the Implementing Rules and Regulations
(IRR) of Republic Act (RA) 9184, otherwise known as the “Government Procurement
Reform Act”.
4. Interested Bidders may obtain further information from the Procurement Service and inspect
the Bidding Documents through the BAC Secretariat (Procurement Division V) at PS
Complex, Cristobal St., Paco, Manila during Mondays to Fridays, except holidays, from
8:00AM to 4:00PM.
5. A complete set of Bidding Documents may be acquired by interested bidders from the BAC
Secretariat (Procurement Division V) and upon payment of a non-refundable fee in amounts
pursuant to this Invitation. The Procuring Entity shall allow the bidder to present its proof of
payment for the fees in person, by facsimile, or through electronic means.
It may also be downloaded free of charge from the websites of the Procurement Service –
DBM (PS-DBM) and PhilGEPS, provided that Bidders shall pay the non-refundable fee for
the Bidding Documents not later than the submission of their bids.
6. The Procurement Service will hold a Pre-Bid Conference on 04 May 2021; 1:30 PM, which
shall be open to all interested parties. Pursuant to the health and safety protocols issued by
the Inter Agency Task Force for the management of emerging Infectious Diseases, the
scheduled meeting may be accessed through this link: https://meet.google.com/tjv-gdoi-
ygt via Google Meet.
7. Bids must be duly received by the BAC Secretariat through manual submission at the office
address indicated below on or before 18 May 2021; 10:00 AM.
Late bids shall not be accepted. Unsealed or unmarked bid envelopes shall also be
rejected.
8. All bids must be accompanied by a bid security in any of the acceptable forms and in the
amount stated in ITB Clause 14.
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10. Bidders shall drop their duly accomplished eligibility requirements, technical and financial
proposals in two separate sealed envelopes in the designated bid box located at the 2 nd Floor
of the Procurement Service.
11. The Procurement Service reserves the right to reject any and all bids, declare a failure of
bidding, or not award the contract at any time prior to contract award in accordance with
Sections 35.6 and 41 of the 2016 revised IRR of RA No. 9184, without thereby incurring
any liability to the affected bidder or bidders.
DICKSON T. PANTI
Chairperson, Bids and Awards Committee I
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Section II. Instructions to Bidders
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1. Scope of Bid
The Procuring Entity, Procurement Service - DBM wishes to receive Bids for the Supply
and Delivery of Various Paper Products for the Procurement Service under a
Framework Agreement, with Public Bidding No. 21-053-1.
The Procurement Project (referred to herein as “Project”) is composed of Two (2) lots,
the details of which are described in Section VII (Technical Specifications).
2. Funding Information
2.1. The GOP through the source of funding as indicated below for 2021 in the amount
of ₱ 3,427,255.00
3. Bidding Requirements
The Bidding for the Project shall be governed by all the provisions of RA No. 9184 and
its 2016 revised IRR, including its Generic Procurement Manuals and associated policies,
rules and regulations as the primary source thereof, while the herein clauses shall serve as
the secondary source thereof.
Any amendments made to the IRR and other GPPB issuances shall be applicable only to
the ongoing posting, advertisement, or IB by the BAC through the issuance of a
supplemental or bid bulletin.
The Bidder, by the act of submitting its Bid, shall be deemed to have verified and
accepted the general requirements of this Project, including other factors that may affect
the cost, duration and execution or implementation of the contract, project, or work and
examine all instructions, forms, terms, and project requirements in the Bidding
Documents.
5. Eligible Bidders
5.1. Only Bids of Bidders found to be legally, technically, and financially capable will
be evaluated.
5.2. Foreign ownership exceeding those allowed under the rules may participate
pursuant to:
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i. When a Treaty or International or Executive Agreement as provided
in Section 4 of the RA No. 9184 and its 2016 revised IRR allow
foreign bidders to participate;
iii. When the Goods sought to be procured are not available from local
suppliers; or
5.3. Pursuant to Section 23.4.1.3 of the 2016 revised IRR of RA No. 9184, the Bidder
shall have an SLCC that is at least one (1) contract similar to the Project the value
of which, adjusted to current prices using the PSA’s CPI, must be at least
equivalent to:
The Bidder must have completed a single contract that is similar to this
Project, equivalent to at least twenty-five percent (25%) of the ABC.
5.4. The Bidders shall comply with the eligibility criteria under Section 23.4.1 of the
2016 IRR of RA No. 9184.
6. Origin of Goods
There is no restriction on the origin of goods other than those prohibited by a decision of
the UN Security Council taken under Chapter VII of the Charter of the UN, subject to
Domestic Preference requirements under ITB Clause 18.
7. Subcontracts
7.1. The Bidder may subcontract portions of the Project to the extent allowed by the
Procuring Entity as stated herein, but in no case more than twenty percent (20%)
of the Project.
7.2. Subcontracting of any portion of the Project does not relieve the Supplier of any
liability or obligation under the Contract. The Supplier will be responsible for the
acts, defaults, and negligence of any subcontractor, its agents, servants, or
workmen as fully as if these were the Supplier’s own acts, defaults, or negligence,
or those of its agents, servants, or workmen.
8. Pre-Bid Conference
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The Procuring Entity will hold a pre-bid conference for this Project on the specified date
and time and either at its physical address as indicated in paragraph 6 of the IB.
Prospective bidders may request for clarification on and/or interpretation of any part of
the Bidding Documents. Such requests must be in writing and received by the Procuring
Entity, either at its given address or through electronic mail indicated in the IB, at least
ten (10) calendar days before the deadline set for the submission and receipt of Bids.
10.2. The Bidder’s SLCC as indicated in ITB Clause 5.3 should have been completed
within five (5) years prior to the deadline for the submission and receipt of bids.
10.3. If the eligibility requirements or statements, the bids, and all other documents for
submission to the BAC are in foreign language other than English, it must be
accompanied by a translation in English, which shall be authenticated by the
appropriate Philippine foreign service establishment, post, or the equivalent office
having jurisdiction over the foreign bidder’s affairs in the Philippines. Similar to
the required authentication above, for Contracting Parties to the Apostille
Convention, only the translated documents shall be authenticated through an
apostille pursuant to GPPB Resolution No. 13-2019 dated 23 May 2019. The
English translation shall govern, for purposes of interpretation of the bid.
11.1. The second bid envelope shall contain the financial documents for the Bid as
specified in Section VIII (Checklist of Technical and Financial Documents).
11.3. Any bid exceeding the ABC indicated in paragraph 1 of the IB shall not be
accepted.
11.4. For Foreign-funded Procurement, a ceiling may be applied to bid prices provided
the conditions are met under Section 31.2 of the 2016 revised IRR of RA No.
9184.
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12. Bid Prices
12.1. Prices indicated on the Price Schedule shall be entered separately in the following
manner:
ii. The cost of all customs duties and sales and other taxes already paid
or payable;
i. Unless otherwise stated in the BDS, the price of the Goods shall be
quoted delivered duty paid (DDP) with the place of destination in the
Philippines as specified in the BDS. In quoting the price, the Bidder
shall be free to use transportation through carriers registered in any
eligible country. Similarly, the Bidder may obtain insurance services
from any eligible source country.
12.2. For Framework Agreement, the following should also apply in addition to Clause
12.1:
a. For a single year Framework Agreement, the prices quoted by the Bidder
shall be fixed during the Bidder’s performance of the contract and not subject
to variation or escalation on any account. Price schedules required under
Clause 12.1 shall be submitted with the bidding documents.
14.1. The Bidder shall submit a Bid Securing Declaration1 or any form of Bid Security
in the amount indicated in the BDS, which shall be not less than the percentage of
the ABC in accordance with the schedule in the BDS.
14.2. The Bid and bid security shall be valid until 15 September 2021 (120 calendar
days from the opening of bids)]. Any Bid not accompanied by an acceptable bid
security shall be rejected by the Procuring Entity as non-responsive.
14.3. In the case of Framework Agreement, other than the grounds for forfeiture under
the 2016 revised IRR, the bid security may also be forfeited if the successful
bidder fails to sign the Framework Agreement, or fails to furnish the performance
security or performance securing declaration. Without prejudice on its forfeiture,
bid securities shall be returned only after the posting of performance security or
performance securing declaration, as the case may be, by the winning Bidder or
compliant Bidders and the signing of the Framework Agreement..
The Procuring Entity may request additional hard copies and/or electronic copies of the
Bid. However, failure of the Bidders to comply with the said request shall not be a
ground for disqualification.
If the Procuring Entity allows the submission of bids through online submission or any
other electronic means, the Bidder shall submit an electronic copy of its Bid, which must
be digitally signed. An electronic copy that cannot be opened or is corrupted shall be
considered non-responsive and, thus, automatically disqualified.
16.2. For multi-year Framework Agreement, the submission of bids shall be for the
initial evaluation of their technical and financial eligibility. Thereafter, those
declared eligible during the said initial eligibility evaluation and entered into a
Framework Agreement with the Procuring Entity shall submit anew their best
1
In the case of Framework Agreement, the undertaking shall refer to entering into contract with the Procuring Entity
and furnishing of the performance security or the performance securing declaration within ten (10) calendar days from
receipt of Notice to Execute Framework Agreement.
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financial offer at the address and on or before the date and time indicated in the
Call for each mini-competition.
17.1. The BAC shall open the Bids in public at the time, on the date, and at the place
specified in paragraph 9 of the IB. The Bidders’ representatives who are present
shall sign a register evidencing their attendance. In case videoconferencing,
webcasting or other similar technologies will be used, attendance of participants
shall likewise be recorded by the BAC Secretariat.
In case the Bids cannot be opened as scheduled due to justifiable reasons, the
rescheduling requirements under Section 29 of the 2016 revised IRR of RA No.
9184 shall prevail.
17.2. The preliminary examination of bids shall be governed by Section 30 of the 2016
revised IRR of RA No. 9184.
18.1. The Procuring Entity will grant a margin of preference for the purpose of
comparison of Bids in accordance with Section 43.1.2 of the 2016 revised IRR of
RA No. 9184.
19.2. If the Project allows partial bids, bidders may submit a proposal on any of the lots
or items, and evaluation will be undertaken on a per lot or item basis, as the case
maybe. In this case, the Bid Security as required by ITB Clause 15 shall be
submitted for each lot or item separately.
19.3. The descriptions of the lots or items shall be indicated in Section VII (Technical
Specifications), although the ABCs of these lots or items are indicated in the BDS
for purposes of the NFCC computation pursuant to Section 23.4.2.6 of the 2016
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revised IRR of RA No. 9184. The NFCC must be sufficient for the total of the
ABCs for all the lots or items participated in by the prospective Bidder.
One Project having several items grouped into several lots, which shall be
awarded as separate contracts per lot.
19.5. Except for bidders submitting a committed Line of Credit from a Universal or
Commercial Bank in lieu of its NFCC computation, all Bids must include the
NFCC computation pursuant to Section 23.4.1.4 of the 2016 revised IRR of RA
No. 9184, which must be sufficient for the total of the ABCs for all the lots or
items participated in by the prospective Bidder. For bidders submitting the
committed Line of Credit, it must be at least equal to ten percent (10%) of the
ABCs for all the lots or items participated in by the prospective Bidder.
20. Post-Qualification
20.1. For multi-year Framework Agreement, all bidders initially determined to be
eligible and financially compliant shall be subject to initial post-qualification.
The BAC shall then recommend the execution of a Framework Agreement among
all eligible, technically and financially compliant bidders and the Procuring Entity
and shall be issued by HoPE a Notice to Execute Framework Agreement. The
determination of the Lowest Calculated Bid (LCB) shall not be performed by the
BAC until a Mini-Competition is conducted among the bidders who executed a
Framework Agreement. When a Call for Mini-Competition is made, the BAC
shall allow the bidders to submit their best financial proposals on such pre-
scheduled date, time and place to determine the bidder with the LCB.
20.2. Within a non-extendible period of five (5) calendar days from receipt by the
Bidder of the notice from the BAC that it submitted the Lowest Calculated Bid, or
in the case of multi-year Framework Agreement, that it is one of the eligible
bidders who have submitted bids that are found to be technically and financially
compliant, the Bidder shall submit its latest income and business tax returns filed
and paid through the BIR Electronic Filing and Payment System (eFPS) and other
appropriate licenses and permits required by law and stated in the BDS. For
every mini-competition in Framework Agreement, the LCB shall likewise submit
the required documents for final Post Qualification.
21.3. Within ten (10) calendar days from receipt of the Notice to Execute Framework
Agreement with the Procuring Entity, the successful Bidder or its duly authorized
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representative shall formally enter into a Framework Agreement with the
procuring entity for an amount of One Peso to be paid to the procuring entity as a
consideration for the option granted by the procuring entity to procure the items in
the Framework Agreement List when the need arises.
21.4. The Procuring Entity shall enter into a Framework Agreement with the successful
Bidder within the same ten (10) calendar day period provided that all the
documentary requirements are complied with.
21.5. The following documents shall form part of the Framework Agreement:
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Section III. Bid Data Sheet
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Bid Data Sheet
ITB
Clause
5.3 For this purpose, contracts similar to the Project shall be:
a. those in Section VIII. Annex “K” but may include other contracts similar to
those classified as Paper Products.
b. Completed within five (5) years prior to the deadline for the submission and
receipt of bids.
12 The price of the Goods shall be quoted DDP PS Warehouse, PS Complex, RR Road
Cristobal St., Paco, Manila; and End-User Agencies within Metro Manila, Antipolo,
Imus, Cavite and Pampanga the applicable International Commercial Terms
(INCOTERMS) for this Project.
14.1 The bid security shall be in the form of a Bid Securing Declaration, or any of the
following forms and amounts:
Surety bond
Amount callable upon
Cash, Cashier’s demand issued by
Bid Securing
/ Manager’s a surety or
Declaration
Check, Bank insurance
(Pursuant to
Lot Item/Description Draft/ company duly
GPPB
No. Guarantee/ certified by the
Resolution No.
Irrevocable Insurance
03-2012
Letter of Credit Commission
(2%) (5%)
1
Wrapping Paper ₱ 27,949.60 ₱ 69,874.00 Please see
Section VIII
attached as
Annex “H”
2 Thermal Paper ₱ 40,595.50 ₱ 101,488.75
15 Each bidder shall submit one (1) original and one (1) copy of the first and second
components of its bid.
The duplicates – i.e. copy 1 must include documents as that of the original set of
documents. In case, however a bidder opts to submit cash as bid security, copy 1 need
not contain photocopies of the same.
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19.3 The NFCC computation, if applicable, must be sufficient for all the lots or contracts to
be awarded to the Bidder:
Approved Budget
Lot No. Quantity Item/Description
for the Contract
1. Income Tax Returns for year 2020 (BIR Form 1701 or 1702).
2. Latest Value Added Tax Returns (Forms 2550M and 2550Q) or Percentage Tax
Returns (Form 2551M). For this requirement, covering the last six (6) months
prior to the opening of bids.
The income tax and business tax returns stated above should have been filed
through the Electronic Filing and Payment System (EFPS).
In the column "Bidder's Compliance", the bidder must state "comply" against
each of the individual parameters of each specification corresponding to
performance parameter of equipment offered. Statement of "comply" must be
supported by evidence in a bidders bid and cross-referenced to that evidence.
Evidence shall be in the form of manufacturer's or distributor's un-amended
sales literature, unconditional statements or specification and compliance issued
by the manufacturer or distributor, samples, independent test data etc., as
appropriate.
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Bidders with overdue deliveries as of the date of opening of bids are not allowed to
participate in the bidding for same items.
21.5(g) The awardee must submit a soft copy (JPEG or PNG format, Picture- 640 x 480 pixel
with white or plain background) of the color picture of the product/s upon receipt of the
Notice to Execute Framework Agreement.
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Section IV. General Conditions of Contract
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1. Scope of Contract
This Contract shall include all such items, although not specifically mentioned, that can
be reasonably inferred as being required for its completion as if such items were
expressly mentioned herein. All the provisions of RA No. 9184 and its 2016 revised
IRR, including the Generic Procurement Manual, and associated issuances, constitute the
primary source for the terms and conditions of the Contract, and thus, applicable in
contract implementation. Herein clauses shall serve as the secondary source for the terms
and conditions of the Contract.
This is without prejudice to Sections 74.1 and 74.2 of the 2016 revised IRR of RA No.
9184 allowing the GPPB to amend the IRR, which shall be applied to all procurement
activities, the advertisement, posting, or invitation of which were issued after the
effectivity of the said amendment.
Additional requirements for the completion of this Contract shall be provided in the
Special Conditions of Contract (SCC).
2.1. Advance payment of the contract amount is provided under Annex “D” of the
revised 2016 IRR of RA No. 9184.
2.2. The Procuring Entity is allowed to determine the terms of payment on the partial
or staggered delivery of the Goods procured, provided such partial payment shall
correspond to the value of the goods delivered and accepted in accordance with
prevailing accounting and auditing rules and regulations. The terms of payment
are indicated in the SCC.
2.3. For a single-year Framework Agreement, prices charged by the Supplier for
Goods delivered and/or services performed under a Call-Off shall not vary from
the prices quoted by the Supplier in its bid.
2.4. For multi-year Framework Agreement, prices charged by the Supplier for Goods
delivered and/or services performed under a Call-Off shall not vary from the
prices quoted by the Supplier during conduct of Mini-Competition.
3. Performance Security
Within ten (10) calendar days from receipt of the Notice to Execute Framework
Agreement by the Bidder from the Procuring Entity but in no case later than prior to the
signing of the Contract by both parties, the successful Bidder shall furnish the
performance security in any of the forms prescribed in Section 39 of the 2016 revised
IRR of RA No. 9184. In the case of Framework Agreement, the Bidder may opt to
furnish the performance security or a Performance Securing Declaration as defined under
the Guidelines on the Use of Framework Agreement.
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4. Inspection and Tests
The Procuring Entity or its representative shall have the right to inspect and/or to test the
Goods to confirm their conformity to the Project or Framework Agreement specifications
at no extra cost to the Procuring Entity in accordance with the Generic Procurement
Manual. In addition to tests in the SCC, Section IV (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 purposes.
All reasonable facilities and assistance for the inspection and testing of Goods, including
access to drawings and production data, shall be provided by the Supplier to the
authorized inspectors at no charge to the Procuring Entity.
5. Warranty
6.1. In order to assure that manufacturing defects shall be corrected by the Supplier, a
warranty shall be required from the Supplier as provided under Section 62.1 of the
2016 revised IRR of RA No. 9184.
6.2. The Procuring Entity shall promptly notify the Supplier in writing of any claims
arising under this warranty. Upon receipt of such notice, the Supplier shall, repair
or replace the defective Goods or parts thereof without cost to the Procuring
Entity, pursuant to the Generic Procurement Manual.
If the Supplier is a joint venture, all partners to the joint venture shall be jointly and
severally liable to the Procuring Entity.
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Section V. Special Conditions of Contract
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Special Conditions of Contract
GCC Clause
[For Goods supplied from abroad, state:] “The delivery terms applicable to
the Contract are DDP delivered [indicate place of destination]. In
accordance with INCOTERMS.”
[For Goods supplied from within the Philippines, state:] “The delivery
terms applicable to this Contract are delivered [indicate place of
destination]. Risk and title will pass from the Supplier to the Procuring
Entity upon receipt and final acceptance of the Goods at their final
destination.”
Delivery of the Goods shall be made by the Supplier in accordance with the
terms specified in Section VI (Schedule of Requirements).
Incidental Services –
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d. performance or supervision or maintenance and/or repair of the
supplied Goods, for a period of time agreed by the parties,
provided that this service shall not relieve the Supplier of any
warranty obligations under this Contract; and
e. training of the Procuring Entity’s personnel, at the Supplier’s
plant and/or on-site, in assembly, start-up, operation,
maintenance, and/or repair of the supplied Goods.
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 –
a. such spare parts as the Procuring Entity may elect to purchase from the
Supplier, provided that this election shall not relieve the Supplier of
any warranty obligations under this Contract; and
The spare parts and other components required are listed in Section VI
(Schedule of Requirements) and the cost thereof are included in the
contract price.
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Packaging –
Transportation –
Where the Supplier is required under Contract to deliver the Goods CIF,
CIP, or DDP, transport of the Goods to the port of destination or such other
named place of destination in the Philippines, as shall be specified in this
Contract, shall be arranged and paid for by the Supplier, and the cost thereof
shall be included in the Contract Price.
Where the Supplier is required under this Contract to transport the Goods to
a specified place of destination within the Philippines, defined as the Project
Site, transport to such place of destination in the Philippines, including
insurance and storage, as shall be specified in this Contract, shall be
arranged by the Supplier, and related costs shall be included in the contract
price.
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Where the Supplier is required under Contract to deliver the Goods CIF, CIP
or DDP, Goods are to be transported on carriers of Philippine registry. In
the event that no carrier of Philippine registry is available, Goods may be
shipped by a carrier which is not of Philippine registry provided that the
Supplier obtains and presents to the Procuring Entity certification to this
effect from the nearest Philippine consulate to the port of dispatch. In the
event that carriers of Philippine registry are available but their schedule
delays the Supplier in its performance of this Contract the period from when
the Goods were first ready for shipment and the actual date of shipment the
period of delay will be considered force majeure.
The Procuring Entity accepts no liability for the damage of Goods during
transit other than those prescribed by INCOTERMS for DDP deliveries. 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 the
Procuring Entity until their receipt and final acceptance at the final
destination.
The Supplier shall indemnify the Procuring Entity against all third-party
claims of infringement of patent, trademark, or industrial design rights
arising from use of the Goods or any part thereof.
2.2 Progress payment shall be made after acceptance and completion of
each delivery.
4 The inspections and tests that will be conducted shall be in accordance with
Section VII. Technical Specifications. A visual comparison will be made
with the approved sample for purposes of consistency in the physical
appearance and color.
Additional
quantity for
every batch Testing
Lot
Quantity Item/Description of delivery and
No. Evaluation
for
acceptance
test
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Note:
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Section VI. Schedule of Requirements
FRAMEWORK AGREEMENT LIST
(INDICATIVE CALL-OFF SCHEDULE)
Year 2021
Note: Suppliers are advised to maintain revolving stocks of 1,000 packs at all times up to
the 10th month of delivery schedule.
Note: Suppliers are advised to maintain revolving stocks of 7,000 rolls at all times up to
the 10th month of delivery schedule.
I hereby commit to deliver the required quality and quantities upon receipt of the
Call-Off as indicated above.
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SUBMISSION OF SAMPLES/DEMO UNITS
All bidders shall submit the following samples/demo units to the Bids and Awards
Committee (BAC) thru the Technical Working Group (TWG) on or before the deadline
of bid submission for evaluation and testing purposes:
1
WRAPPING PAPER 50 sheets ( pack)
In House-Testing
All deliveries shall be subject to Acceptance Test Requirements pursuant to GCC Clause
4 in which case the awardee-supplier shall include additional quantity in every batch of
delivery for acceptance and testing purposes.
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Section VII. Technical Specifications
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LOT NO. 1 : Wrapping Paper
QUANTITY : 9,016 packs
We commit to deliver the goods under the new packaging and consistent with the physical
appearance and color of the sample submitted as required by the Procurement Service.
I hereby certify that the statement of compliance to the foregoing technical specifications
are true and correct, otherwise, if found to be false either during bid evaluation or post-
qualification, the same shall give rise to automatic disqualification of our bid.
*[Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each
Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply”
or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence
shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and
compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not
supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid
under evaluation liable for rejection. A statement either in the Bidder's statement of compliance or the supporting
evidence that is found to be false either during Bid evaluation, post-qualification or the execution of the Contract
may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the applicable
laws and issuances.]
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37
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LOT NO. 2 : Thermal Paper, 216mm
QUANTITY : 33,275 rolls
We commit to deliver the goods under the new packaging and consistent with the physical
appearance and color of the sample submitted as required by the Procurement Service.
I hereby certify that the statement of compliance to the foregoing technical specifications
are true and correct, otherwise, if found to be false either during bid evaluation or post-
qualification, the same shall give rise to automatic disqualification of our bid.
*[Bidders must state here either “Comply” or “Not Comply” against each of the individual parameters of each
Specification stating the corresponding performance parameter of the equipment offered. Statements of “Comply”
or “Not Comply” must be supported by evidence in a Bidders Bid and cross-referenced to that evidence. Evidence
shall be in the form of manufacturer’s un-amended sales literature, unconditional statements of specification and
compliance issued by the manufacturer, samples, independent test data etc., as appropriate. A statement that is not
supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid
under evaluation liable for rejection. A statement either in the Bidder's statement of compliance or the supporting
evidence that is found to be false either during Bid evaluation, post-qualification or the execution of the Contract
may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the applicable
laws and issuances.]
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40
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Additional Requirement on Packaging and Marking/Labeling
Based on TSRC Resolution No. TSRC 2021-001
PACKAGING:
On each pack or box or ream or item, the following should be legibly imprinted or stickered with
non-removable or permanent sticker or label that is binding and with residue and tearing. If
removed:
The name and logo of the Procurement Service
The address and contact details of the Procurement Service
A statement which states that the item is “Government-Use Only”
Procured by Procurement Service-DBM
(Complete details of the sticker will be given to the responsive bidder upon receipt of
Notice of Lowest Calculated Responsive Bidder (LCRB))
On each corrugated carton or outer box or outer packaging, the following should be legibly
imprinted or stickered with non-removable or permanent sticker or label that binding and with
residue and tearing, if removed.
The name and logo of the Procurement Service
The address and contact details of the Procurement Service
A statement which states that the item is “Government-Use Only”
Procured by Procurement Service-DBM
(Complete details of the sticker will be given to the responsive bidder upon receipt of
Notice of Lowest Calculated Responsive Bidder (LCRB))
Size or dimension and the location where to place the label to be determined during Pre-
bid Conference.
MARKING/LABELING:
Shall conform with the following minimum Marking and Labeling requirement,
whichever is/are applicable with reference to Consumer Act of the Philippines (RA
7394):
1. Its correct and registered trade name or brand name;
2. Its duly registered trademark;
3. Its duly registered business name;
Note: All local brand / trademark must be registered in the IPO website.
4. The address of the manufacturer, importer, repacker of the consumer products in the
Philippines;
5. Its general make or active ingredients;
6. The net quality of contents, in terms of weight, measure or numerical count rounded to at
least the nearest tenths in the metric system;
7. Country of the manufacturer;
8. If a consumer product is manufactured, refilled or repacked under license from a
principal, the label shall so state the fact.
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Section VIII. Checklist of Technical and
Financial Documents
43
Checklist of Technical and Financial Documents
I. TECHNICAL COMPONENT ENVELOPE
Technical Documents
⬜ (e) Statement of the prospective bidder of all its ongoing government and
private contracts, including contracts awarded but not yet started, if any,
whether similar or not similar in nature and complexity to the contract to be
bid; and
⬜ (f) Statement of the bidder’s Single Largest Completed Contract (SLCC)
similar to the contract to be bid, except under conditions provided for in
Sections 23.4.1.3 and 23.4.2.4 of the 2016 revised IRR of RA No. 9184,
within the relevant period as provided in the Bidding Documents;
And
⬜ (g) Original copy of Bid Security. If in the form of a Surety Bond, submit also a
certification issued by the Insurance Commission;
or
Original copy of Notarized Bid Securing Declaration; and
⬜ (h) Conformity with the Technical Specifications, which may include
production/delivery schedule, manpower requirements, and/or after-
sales/parts, if applicable; and
⬜ (i) Original duly signed Omnibus Sworn Statement (OSS);
and if applicable, Original Notarized Secretary’s Certificate in case of a
corporation, partnership, or cooperative; or Original Special Power of
Attorney of all members of the joint venture giving full power and authority
to its officer to sign the OSS and do acts to represent the Bidder.
Financial Documents
⬜ (j) The Supplier’s audited financial statements, showing, among others, the
Supplier’s total and current assets and liabilities, stamped “received” by the
BIR or its duly accredited and authorized institutions, for the preceding
calendar year which should not be earlier than two (2) years from the date of
bid submission; and
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⬜ (k) The prospective bidder’s computation of Net Financial Contracting
Capacity (NFCC);
NFCC = [(Current assets minus current liabilities) (15)] minus the value of
all outstanding or uncompleted portions of the projects under ongoing
contracts, including awarded contracts yet to be started, coinciding with
the contract to be bid.
or
⬜ (l) If applicable, a duly signed joint venture agreement (JVA) in case the joint
venture is already in existence;
or
duly notarized statements from all the potential joint venture partners stating
that they will enter into and abide by the provisions of the JVA in the
instance that the bid is successful.
⬜ (n) Certification from the DTI if the Bidder claims preference as a Domestic
Bidder or Domestic Entity
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Annex “A”
Bid Form
Date: ______________
Invitation to Bid No: PB No. 21-053-1
Having examined the Bidding Documents including Bid Bulletin Numbers [_____], the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to Supply and Deliver
Various Paper Products for the Procurement Service in conformity with the said Bidding
Documents.
Lot
Qty/Unit ITEMS/ DESCRIPTION UNIT PRICE TOTAL PRICE
No.
1 9,016 sheets Wrapping Paper
Lot 1: _____________________________________________________________________
Lot 2: _____________________________________________________________________
We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery
schedule specified in the Section VI. Schedule of Requirements.
We agree to abide by this Bid for the Bid Validity Period specified in BDS provision for
ITB Clause 14.2 and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.
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Until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof and your Notice to Execute Framework Agreement (NEFA), shall be binding
upon us.
We understand that you are not bound to accept the Lowest Calculated Bid 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.
I/We likewise certify/confirm that the undersigned, [for sole proprietorships, insert]: as the
owner and sole proprietor or authorized representative of [Name of Bidder], has the full power
and authority to participate, submit the bid, and to sign and execute the ensuing contract, on the
latter’s behalf for the Supply and Delivery of Various Paper Products.
Or;
We acknowledge that failure to sign each and every page of this Bid Form, including the
attached Schedule of Prices, shall be a ground for the rejection of our bid.
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Schedule of Prices for Goods Offered From Abroad
1 2 3 4 5 6 7 8 9
Unit price CIF port of
Total CIF or Total Price
entry (specify port) or Unit Price Unit price
Country CIPprice per delivered
Item Description Quantity CIP named place Delivered Duty Delivered Duty
of origin item DDP
(specify border point Unpaid (DDU) Paid (DDP)
(col. 4 x 5) (col 4 x 8)
or place of destination)
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Schedule of Prices For Goods Offered From Within the Philippines
1 2 3 4 5 6 7 8 9 10
Transportatio
n and Sales and Total Price, Total Price
Cost of delivered Final
Insurance other taxes
Incidental Destination
Country of Unit price and all other payable if
Item Description Quantity Services, if per unit
origin EXW per item costs Contract is
applicable, per
incidental to awarded, per (col 9) x (col
item (col 5+6+7+8)
delivery, per item 4)
item
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Annex B
Omnibus Sworn Statement (Revised)
[shall be submitted with the Bid]
________________________________________________________________________
_
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:
[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];
[If a sole proprietorship:] As the owner and sole proprietor, or authorized representative of
[Name of Bidder], I have full power and authority to do, execute and perform any and all acts
necessary to participate, submit the bid, and to sign and execute the ensuing contract for
[Name of the Project] of the [Name of the Procuring Entity], as shown in the attached duly
notarized Special Power of Attorney;
[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 to participate, submit the bid,
and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the
Procuring Entity], as shown in the attached [state title of attached document showing proof of
authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership Resolution, or
Special Power of Attorney, whichever is applicable;)];
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 Government Units, foreign
government/foreign or international financing institution whose blacklisting rules have been
recognized by the Government Procurement Policy Board, by itself or by relation,
membership, association, affiliation, or controlling interest with another blacklisted
person or entity as defined and provided for in the Uniform Guidelines on Blacklisting;
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5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized
representative(s) to verify all the documents submitted;
[If a sole proprietorship:] The owner or sole proprietor is 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;
9. [Name of Bidder] did 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 government in relation to any procurement project or activity;
10. In case advance payment was made or given, failure to perform or deliver any of the
obligations and undertakings in the contract shall be sufficient grounds to constitute criminal
liability for Swindling (Estafa) or the commission of fraud with unfaithfulness or abuse of
confidence through misappropriating or converting any payment received by a person or
entity under an obligation involving the duty to deliver certain goods or services, to the
prejudice of the public and the government of the Philippines pursuant to Article 315 of Act
No. 3815 s. 1930, as amended, or the Revised Penal Code;
11. [Name of Bidder] hereby assigns the following contact number/s and e-mail address/es as the
official telephone/fax number and contact reference of the company where the PS BAC and
PS notices may be transmitted.
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Telephone No/s.: ________________________________
Fax No/s.: ________________________________
E-mail Add/s.: ________________________________
Mobile No.: ________________________________
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 [month] [year] at [place of execution],
Philippines. Affiant/s known to me, and known to be the same person/s in the exhibited [insert type of
government identification card used*], with his/her photograph and signature appearing thereon, with
no.________________________ issued on ______________________ at ____________________.
*The identification card shall be at least one of those acceptable proofs of identity as identified under the provisions
of the 2004 Rules on Notarial Practice.
“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of identity” refers to the
identification of an individual based on:
At least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID,
voter’s ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration
(OWWA) ID, OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration,
government office ID, certification from the National Council for the Welfare of Disabled Persons
(NCWDP), Department of Social Welfare and Development (DSWD) certification;
The Board Resolution or Secretary’s Certificate referring to the said Board Resolution designating the bidder’s
authorized representative and signatory need not specifically indicate the particular project where such authority is
given provided that the said authority covers activities by PS.
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Annex C-1
This is to certify that (company) has the following completed contracts for the last five (5) years.
Date of Bidder is
Date Date of
Contracting Kind of Amount of Delivery/ A. Manufacturer
of the Name of Contract Official
Party Goods Sold Contract End-user’s B. Supplier
Contract Receipt
Acceptance C. Distributor
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Annex C-2
Statement of: (i) Ongoing Contracts and; (ii) Awarded But Not Yet Started Contracts
This is to certify that (company) has the following ongoing and awarded but not yet started contracts:
Bidder is
Date Value of
Contracting Kind of Goods Amount of A) Manufacturer
of the Name of Contract Outstanding
Party Sold Contract B) Supplier
Contract Contracts
C) Distributor
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Undersecretary / OIC-Executive Director, PS
“Annex D”
LLOYD CHRISTOPHER A. LAO
Framework Agreement
For the [Title of Project]
This Agreement made and entered into this ____ day of ________ 2020, by and between:
existing under the laws of the Republic of the Philippines having its
principal office at PS Complex, Cristobal Street, Paco, Manila,
represented by LLOYD CHRISTOPHER A. LAO, Undersecretary,
OIC-Executive Director, hereinafter referred to “PS”;
and
[COMPANY NAME] a corporation duly organized and existing under
the laws of the Republic of the Philippines and having its principal
office at [Address], represented by [NAME], [Position] hereinafter
referred to as the “Supplier”;
WITNESSETH, that:
WHEREAS, this Agreement is for the option to purchase the goods determined to be necessary
Position, Company
and desirable to address and satisfy the needs of PS as the central source of commonly used
supplies and equipment of the Philippine Government, but by its nature, use or characteristic, the
NAME
WHEREAS, PS has the option to purchase the items provided in the Framework Agreement
List, attached and made an integral part of this Agreement as provided in Article I, on a date and
time to be determined in the Call-Off to be issued for such purpose by PS; and
WHEREAS, the Supplier which passed the eligibility screening conducted by PS, shall
maintain and update the eligibility requirements during the period of this Agreement and shall
Position, Company
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Undersecretary / OIC-Executive Director, PS
LLOYD CHRISTOPHER A. LAO
Article I
GENERAL CONSIDERATIONS
2. In this Framework Agreement, words and expressions shall have the same meanings as
are respectively assigned to them in the Conditions of Contract as reflected in the Bid
Documents attending the procurement and made and integral part of this Agreement;
3. The following documents shall be deemed to form and be read and construed as part of
Procurement Group Director, PS
ATTY. JASONMER L. UAYAN
this Agreement:
Agreement;
NAME
Article II
DURATION
The term of this Agreement shall be from _____________ to ______________ unless sooner
revoked by both parties or until the full exhaustion of the maximum quantities;
Article III
CONSIDERATION
For the consideration of one peso (Php 1.00), PS has the option to purchase any or all of the
items in the Framework Agreement List through the issuance of Call-off and the Supplier
Position, Company
commits to deliver the goods and perform the services subject to the conditions of the Call-off.
NAME
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Article IV
PERFECTION OF PROCUREMENT CONTRACT
The Framework Agreement being an option contract, a procurement contract is perfected only
when the Procuring Entity exercises the option to procure any item from the Framework
Agreement List through the issuance of a Call-off.
Article V
OBLIGATION TO ANSWER A CALL-OFF
Once PS issues a Call-off, the Supplier is bound to deliver the goods or perform the services
identified at the time and date specified in the Call-off. All rules and guidelines governing the
implementation of procurement contracts under RA No. 9184 and its revised IRR shall be
applicable.
Failure on the part of the Supplier to deliver goods or perform the services shall warrant
the forfeiture of performance security or performance securing declaration and imposition
of liquidated damages as provided for in the Guidelines on the use of Framework
Agreement by all Procuring Entities without prejudice to all other applicable sanctions.
Article VI
TERMS AND CONDITIONS
The terms and conditions of this Framework Agreement shall be governed by Guidelines on the
Use of Framework Agreement by all Procuring Entity and all relevant issuance of the GPPB.
IN WITNESS whereof, the parties hereto have caused this Agreement to be executed in
accordance with the laws of the Republic of the Philippines, on the day and year first above
written.
WITNESSES
57
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Manila this __ day of
____________ 2021 appeared the following persons presenting to me their respective
identifications, to wit:
known to me and to me known to be the same persons who executed and voluntarily
signed the foregoing FRAMEWORK AGREEMENT which they acknowledged before
me as their own free and voluntary act and deed and with full authority to sign in that
capacity.
This instrument refers to the FRAMEWORK AGREEMENT FOR THE
___________________ and consists of _____ (__) pages including this page where the
Acknowledgment is written, duly signed by the parties and their instrumental witnesses
thereof.
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“Annex E”
into this _______ day of _________ 20__ at __________ City, Philippines by and among:
under and by virtue of the laws of the Republic of the Philippines, with office address at
- and –
existing under and by virtue of the laws of the Republic of the Philippines, with office address at
- and –
organized and existing under and by virtue of the laws of __________________, represented by
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WHEREAS, the parties have agreed to pool their resources together to form the
“_________________ Joint Venture”, hereinafter referred to as the Joint Venture, under the laws
of the Philippines, for the purpose of participating in the abovementioned procurement of PS-
DBM;
NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants hereto set forth, the Parties have agreed as follows:
ARTICLE I
ORGANIZATION OF THE JOINT VENTURE
SECTION 1. Formation – The Parties do hereby agree and bind themselves to establish, form
and organize a Joint Venture pursuant to the laws of the Republic of the Philippines, in order for
the JV to carry on the purposes and objectives for which it is created;
SECTION 2. Name – The name and style under which the JV shall be conducted is
“_________________”;
SECTION 3. Principal Place of Business – The JV shall maintain its principal place of
business at ___________________________________________________________ ;
SECTION 4. Preparation and Documentation – The Parties shall secure and/or execute such
certifications, documents, deeds and instruments as may be required by the laws of the Republic
of the Philippines for the realization of the JV and in compliance with the Project. Further, they
shall do all other acts and things requisite for the continuation of the JV pursuant to applicable
laws;
SECTION 5. The Joint Venture shall be represented by the _______ in all biddings,
related procurement transactions and other official dealings that it shall enter into with
the PS-DBM and third parties, such transactions to include, among others, the submission
of eligibility documents, bids, registration documents obtaining bonds, performing the
principal contract in the event that the contract is awarded in favor of the Joint Venture,
receipt of payment for goods delivered, and similar and related activities.
SECTION 6. The period of the Joint Venture shall begin upon execution of this
Agreement and shall continue until the complete performance of its contractual
obligations to PS-DBM, as described in Article II hereof, or upon its termination for
material breach of any term or condition of this Agreement, by service of a written
statement in English on the other Party, not less than 90 days prior to the intended date
termination
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ARTICLE II
PURPOSE
SECTION 1. The primary purpose of the Joint Venture is to participate in the public
bidding to be conducted by the DBM-PS Bids and Awards Committee for the supply and
delivery of ________________________ for the _____________________ .
ARTICLE III
SOLIDARY LIABILITY OF THE PARTIES
SECTION 1. In the performance of the contract/s that may be awarded to the Joint
Venture by the PS-DBM, and all other related activities/obligations, as described in
Article II hereof, the Parties bind themselves jointly and solidarily, in the concept of
solidarily debtors, subject to the right of reimbursement, as provided in the relevant
provisions of the Civil Code of the Philippines.
ARTICLE IV
CONTRIBUTION AND OTHER ARRANGEMENTS
A. - P .00
B. - P .00
TOTAL P .00
Additional contributions to the Joint Venture shall be made as may be required for
contract implementation. In addition, ____ shall contribute any labor and contract
management requirements.
SECTION 2. Profit Sharing – The share of the Parties to the JV from any profit derived
or obtained from the implementation and execution of the Project shall be distributed pro
rata to each, in accordance with the contribution and resources each has provided to the
JV;
SECTION 3. Liquidation and Distributions – Any sum remaining after deducting from
the total of all moneys or benefits received for the performance of the contract, all costs
incurred by the JV after award of the contract for the Project pursuant to the accounting
practices established for the JV, shall be distributed in accordance with the relative
balances in the accounts of each Party pursuant to Sec.1 of this Article upon completion,
final accounting, termination and liquidation of the JV. In the event of liquidation and
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termination of JV, and after taking into account the shares of the Parties in all income,
gain, deductions, expenses, and losses, should the account of a Party contain a negative
balance, such Party shall contribute cash to the JV sufficient to restore the said balance to
zero;
SECTION 4. Sharing of Burden of a Net Loss – In case a net loss is incurred, additional
contributions shall be made by the Parties in accordance with their respective shares.
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 2. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective successors and assigns.
SECTION 3. The Parties herein are duly represented by their authorized officers.
IN WITNESS WHEREOF, the parties have set their hands and affixed their signatures on
the date and place first above-stated.
______________________________ ______________________________
______________________________ ______________________________
________________________________
________________________________
________________________________
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ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City/Municipality of ___(indicate also the Province in
the case of Municipality___, this _______ day of __(month & year)__ personally appeared the
following:
Known to me and to me known to be the same persons who executed the foregoing instrument and they
acknowledge to me that the same is their free and voluntary act and deed and that of the corporation(s)
they represent.
This instrument refers to a Joint Venture Agreement consisting of _______ pages, including the
page on which this Acknowledgement is written, and signed by the parties and their instrumental
witnesses.
WITNESS MY HAND AND NOTARIAL SEAL on the place and on the date first above written.
Note:
The identification card shall be at least one of those acceptable proofs of identity as identified under the provisions
of the 2004 Rules on Notarial Practice.
“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of identity” refers to the
identification of an individual based on:
At least one current identification document issued by an official agency bearing the photograph and signature of
the individual, such as but not limited to, passport, driver’s license, Professional Regulations Commission ID,
National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID, Barangay certification,
Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card,
senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman’s book, alien
certificate of registration/immigrant certificate of registration, government office ID, certification from the National
Council for the Welfare of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD)
certification
63
“Annex F”
SUPPLIER’S LETTERHEAD
Date
Chairperson
DBM-PS Bids and Awards Committee I
Paco, Manila
Dear Sir:
Thank you.
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“Annex G”
To : Procurement Service
PS Complex, Cristobal St.,
Paco, Manila
AND WHEREAS, it has been stipulated by you in the said Contract that the Supplier
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS, we have agreed to give the Supplier such a Bank Guarantee;
NOW THEREFORE, we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Supplier, up to a total of [Amount of Guarantee] proportions of currencies in
which the Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of [Amount of
Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Supplier before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
to be performed thereunder or of any of the Contract documents which may be made between
you and the Supplier shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until the date of issue of the Final Acceptance [Inspection,
&Certification of Acceptance Report(I.C.A.R)].
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“Annex H”
x------------------------------------------------------x
(c) 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.
(d) 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, 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 Sections 23.1(b), 34.2, 40.1 and 69.1, except 69.1(f), of the
IRR of RA 9184; without prejudice to other legal action the government may undertake.
(e) I/We understand that this Bid Securing Declaration shall cease to be valid on the following
circumstances:
(f) Upon expiration of the bid validity period, or any extension thereof pursuant to your request;
(g) 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;
(h) II am/we are declared the bidder with the Lowest Calculated Responsive Bid, and I/we have
furnished the performance security and signed the Contract.
2
Select one and delete the other. Adopt the same instruction for similar terms throughout the document.
66
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of
execution], Philippines. Affiant/s known to me, and known to be the same person/s in the exhibited [insert
type of government identification card used*], with his/her photograph and signature appearing thereon,
with no.___________________ issued on _________________ at ____________________.
*The identification card shall be at least one of those acceptable proofs of identity as identified
under the provisions of the 2004 Rules on Notarial Practice.
“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of identity” refers to the
identification of an individual based on:
At least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID,
voter’s ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of registration/immigrant
certificate of registration, government office ID, certification from the National Council for the Welfare
of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification
67
“Annex I”
1. I/We understand that, according to your conditions, to guarantee the faithful performance
by the supplier/distributor/manufacturer/contractor/consultant of its obligations under the
Contract, I/we shall submit a Performance Securing Declaration within a maximum
period of ten (10) calendar days from the receipt of the Notice of Award prior to the
signing of the Contract.
2. I/We accept that: I/we will be automatically disqualified from bidding for any
procurement contract with any procuring entity for a period of one (1) year for the first
offense, or two (2) years for the second offense, upon receipt of your Blacklisting Order
if I/We have violated my/our obligations under the Contract;
3. I/We understand that this Performance Securing Declaration shall cease to be valid upon:
a. issuance by the Procuring Entity of the Certificate of Final Acceptance, subject to the
following conditions:
i. Procuring Entity has no claims filed against the contract awardee;
ii. It has no claims for labor and materials filed against the contractor; and
iii. Other terms of the contract; or
b. replacement by the winning bidder of the submitted PSD with a performance security
in any of the prescribed forms under Section 39.2 of the 2016 revised IRR of RA No.
9184 as required by the end-user.
IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of
[month] [year] at [place of execution].
68
[Insert Signatory’s Legal Capacity]
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of [month] [year] at [place of
execution], Philippines. Affiant/s known to me, and known to be the same person/s in the exhibited [insert
type of government identification card used*], with his/her photograph and signature appearing thereon,
with no.___________________ issued on _________________ at ____________________.
*The identification card shall be at least one of those acceptable proofs of identity as identified
under the provisions of the 2004 Rules on Notarial Practice.
“Sec. 12. Competent Evidence of Identity – The phrase “competent evidence of identity” refers to the
identification of an individual based on:
At least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID,
voter’s ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of registration/immigrant
certificate of registration, government office ID, certification from the National Council for the Welfare
of Disabled Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification
69
“Annex J”
CONTRACT AGREEMENT
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of
PROCURING ENTITY] of the Philippines (hereinafter called “the Entity”) of the one part and
[name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the
other part;
WHEREAS, the Entity invited Bids for certain goods and ancillary services, particularly
[brief description of goods and services] and has accepted a Bid by the Supplier for the supply of
those goods and services in the sum of [contract price in words and figures in specified
currency] (hereinafter called “the Contract Price”).
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The following documents as required by the 2016 revised Implementing Rules and
Regulations of Republic Act No. 9184 shall be deemed to form and be read and construed
as integral part of this Agreement, viz.:
70
d. Performance Security;
e. Notice to Execute Framework Agreement (NEFA) of Contract; and the Bidder’s
conforme thereto; and
f. Other contract documents that may be required by existing laws and/or the
Procuring Entity concerned in the PBDs. Winning bidder agrees that additional
contract documents or information prescribed by the GPPB that are
subsequently required for submission after the contract execution, such as
the Notice to Proceed, Variation Orders, and Warranty Security, shall
likewise form part of the Contract.
3. In consideration for the sum of [total contract price in words and figures] or such other
sums as may be ascertained, [Named of the bidder] agrees to [state the object of the
contract] in accordance with his/her/its Bid.
4. The [Name of the procuring entity] agrees to pay the above-mentioned sum in
accordance with the terms of the Bidding.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of the Republic of the Philippines on the day and year first above
written.
for: for:
ACKNOWLEDGMENT
71
Name ID Name, Number and Validity Date
Known to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledge to me that the same is their free and voluntary act and
deed and that of the corporation(s) they represent.
WITNESS MY HAND AND NOTARIAL SEAL on the place and on the date
first above written.
The identification card shall be at least one of those acceptable proofs of identity as identified under the provisions of the 2004
Rules on Notarial Practice.
“Sec.12. Competent Evidence of Identity – The phrase “competent evidence of identity” refers to the identification of an
individual based on:
At least one current identification document issued by an official agency bearing the photograph and signature of the individual,
such as but not limited to, passport, driver’s license, Professional Regulations Commission ID, National Bureau of
Investigation clearance, police clearance, postal ID, voter’s ID, Barangay certification, Government Service and Insurance
System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration,
government office ID, certification from the National Council for the Welfare of Disabled Persons (NCWDP), Department of
Social Welfare and Development (DSWD) certification
72
“Annex K”
73
ELECTRIC FAN,
17 40101604-EF-C01 unit
ORBIT type
ELECTRIC FAN,
18 40101604-EF-S01 unit
STAND TYPE Electrical
ELECTRIC FAN, Appliances
19 40101604-EF-W01 unit
WALL TYPE
FIRE
21 46191601-FE-M01 EXTINGUISHER, unit
DRY CHEMICAL Fire Suppression
FIRE Product/Systems
22 46191601-FE-H01 EXTINGUISHER, unit
PURE HCFC
BROOM, SOFT
23 47131604-BR-S01 each
(TAMBO)
BROOM, STICK
24 47131604-BR-T01 each
(TINGTING)
FLOOR WAX,
25 47131802-FW-P02 can
PASTE, RED Floor Care
Products
26 47121804-MP-B01 MOPBUCKET unit
MOPHEAD, made of
28 47131619-MP-R01 each
rayon
Information and
DIGITAL VOICE Communications
29 52161535-DV-R01 unit
RECORDER Technology
Products
DOCUMENT
30 45121517-DO-C01 CAMERA, 3.2mp unit
min.
EXTERNAL HARD
32 43201827-HD-X02 DRIVE, 1TB, unit IT Products
2.5"HDD, USB 3.0
FLASH DRIVE, 16
33 43202010-FD-U01 each
GB capacity
74
MULTIMEDIA
35 45111609-MM-P01 PROJECTOR, 4000 unit
ANSI Lumens min.
PRINTER, IMPACT
36 43212102-PR-D02 DOT MATRIX, 24 unit
pins, 136 column IT Products
PRINTER, IMPACT
37 43212102-PR-D01 DOT MATRIX, 9 unit
pins, 80 columns
PRINTER, LASER,
38 43212105-PR-L01 unit
MONOCHROME
FLUORESCENT
39 39101605-FL-T04 tube
LAMP, 28 WATTS Lighting
LED LIGHT BULB, 7 Supplies
40 39101628-LB-L01 each
watts max.
LED LINEAR TUBE, Lighting
41 39101628-LT-L01 tube
18 watts Supplies
PENCIL
42 44121619-PS-M01 each
SHARPENER
PUNCHER, paper,
43 44101602-PU-P01 each
heavy duty
STAPLE REMOVER,
44 44121613-SR-P01 each
PLIER TYPE
Office Device
STAPLER, BINDER
45 44121615-ST-B01 unit
TYPE
STAPLER,
46 44121615-ST-S01 each
STANDARD TYPE
TAPE DISPENSER,
47 44121605-TD-T01 each
TABLE TOP
BINDING AND
48 44101602-PB-M01 PUNCHING unit
MACHINE
CALCULATOR,
49 44101807-CA-C01 unit
COMPACT
CALCULATOR,
50 44101808-CA-S01 unit
SCIENTIFIC Office
DATING AND Equipment
51 44103202-DS-M01 STAMPING each
MACHINE
FACSIMILE
52 44101714-FX-M01 unit
MACHINE
75
PAPER
Office
54 44101601-PT-M01 TRIMMER/CUTTING unit
Equipment
MACHINE
CARBON FILM,
58 13111201-CF-P02 box
LEGAL
CHALK, WHITE
59 44121710-CH-W01 box
ENAMEL
CLEARBOOK, A4
60 60121413-CB-P01 each
SIZE
CLEARBOOK,
61 60121413-CB-P02 Each
LEGAL
CLIP, BACKFOLD,
62 44122105-BF-C01 box
19MM
CLIP, BACKFOLD,
63 44122105-BF-C02 box
25MM
CLIP, BACKFOLD,
64 44122105-BF-C03 box
32MM
CLIP, BACKFOLD, Office Supplies
65 44122105-BF-C04 box
50MM
ENVELOPE,
71 44121506-EN-X02 EXPANDING, each
PLASTIC
ERASER, FELT, FOR
72 44111912-ER-B01 BLACKBOARD OR each
WHITEBOARD
76
ERASER, PLASTIC
73 60121534-ER-P01 each
OR RUBBER
FILE ORGANIZER,
75 44111515-FO-X01 each
LEGAL
FILE TAB DIVIDER,
76 44122018-FT-D01 set
A4
FILE TAB DIVIDER,
77 44122018-FT-D02 set
LEGAL
FOLDER, FANCY,
78 44122011-FO-F01 bundle
A4
FOLDER, FANCY,
79 44122011-FO-F02 bundle
LEGAL
FOLDER, L-TYPE,
80 44122011-FO-L01 pack
A4 SIZE
FOLDER, L-TYPE,
81 44122011-FO-L02 pack
LEGAL SIZE
FOLDER,
82 44122027-FO-P01 box
PRESSBOARD
FOLDER, with TAB,
83 44122011-FO-T01 pack
A4
FOLDER, with TAB,
84 44122011-FO-T02 pack
LEGAL
Office Supplies
85 31201610-GL-J01 GLUE, all purpose jars
LOOSELEAF
87 14111609-LL-C01 bundle
COVER
MAGAZINE FILE
88 44111515-MF-B02 each
BOX, LARGE
NOTEPAD, STICK-
89 14111514-NP-S02 pad
ON, 2X3
NOTEPAD, STICK-
90 14111514-NP-S03 pad
ON, 3X3
NOTEPAD, STICK-
91 14111514-NP-S04 pad
ON, 3X4
77
93 44122104-PC-J02 PAPER CLIP, 48mm box
PHILIPPINE
94 55121905-PH-F01 each
NATIONAL FLAG
RULER, PLASTIC,
96 41111604-RU-P02 each
450MM
STAPLE WIRE,
100 31151804-SW-H01 box
HEAVY DUTY, 23/13
STAPLE WIRE,
101 31151804-SW-S01 box
STANDARD
TAPE, MASKING,
102 31201503-TA-M01 roll
width: 24mm Office Supplies
TAPE, MASKING,
103 31201503-TA-M02 roll
width: 48mm
TAPE, PACKAGING,
104 31201517-TA-P01 roll
width: 48mm
TAPE,
105 31201512-TA-T01 TRANSPARENT, roll
width: 24mm
TAPE,
106 31201512-TA-T02 TRANSPARENT, roll
width: 48mm
CARTOLINA,
108 14111525-CA-A01 ASSORTED pack
COLORS
CONTINUOUS
109 14111506-CF-L11 FORM, 1 PLY, 280 x box
241mm
Paper Products
CONTINUOUS
110 14111506-CF-L12 FORM, 1 PLY, box
280MM X 378MM
CONTINUOUS
111 14111506-CF-L21 FORM, 2 PLY, 280 x box
241mm
78
CONTINUOUS
112 14111506-CF-L22 FORM, 2 PLY, box
280MM X 378MM
CONTINUOUS
113 14111506-CF-L31 FORM, 3 PLY, 280 x box
241mm
CONTINUOUS
114 14111506-CF-L32 FORM, 3 PLY, box
280MM X 378MM
ENVELOPE,
115 44121506-EN-D01 DOCUMENTARY, box
for A4 size document
ENVELOPE,
116 44121506-EN-D02 DOCUMENTARY, for box
legal size document
ENVELOPE,
EXPANDING,
117 44121506-EN-X01 box
KRAFTBOARD, for
legal size
ENVELOPE,
118 44121506-EN-M01 box
MAILING
ENVELOPE,
119 44121504-EN-W01 MAILING, WITH box
WINDOW
NOTEBOOK,
120 14111514-NB-S01 each
STENOGRAPHER
PAPER,
122 14111507-PP-M01 MULTICOPY, 80gsm, ream
A4 Paper Products
PAPER,
123 14111507-PP-M02 MULTICOPY, 80gsm, ream
size: 216mm x 330mm
PAPER, Multi-
124 14111507-PP-C01 Purpose (COPY) A4, ream
70 gsm.
PAPER, Multi-
125 14111507-PP-C02 Purpose (COPY) ream
Legal, 70 gsm.
PAPER,
126 14111503-PA-P01 box
PARCHMENT
PAPER, TH ERMAL,
127 14111818-TH-P02 roll
216mm x 30m
RECORD BOOK, 300
128 14111531-RE-B01 book
PAGES
79
RECORD BOOK, 500
129 14111531-RE-B02 book
PAGES
TOILET TISSUE
130 14111704-TT-P01 pack
PAPER
CHAIR,
132 56101504-CM-B01 each
MONOBLOC, BEIGE
CHAIR,
133 56101504-CM-W01 MONOBLOC, each
WHITE
DUST PAN, non-rigid Plastic Molded
134 47131601-DU-P01 each Products
plastic
MONOBLOC,
135 56101519-TM-S02 unit
TABLE, BEIGE
MONOBLOC,
136 56101519-TM-S01 unit
TABLE, WHITE
80
MARKER,
147 44121708-MW-B03 each
WHITEBOARD, red
PENCIL, LEAD
148 44121706-PE-L01 box
WITH ERASER
SIGN PEN, BLACK,
149 60121524-SP-G01 liquid/gel ink, 0.5mm each
needle tip
SIGN PEN, BLUE,
150 60121524-SP-G02 liquid/gel ink, 0.5mm each
needle tip
SIGN PEN, RED,
151 60121524-SP-G03 liquid/gel ink, 0.5mm each
needle tip
81
82