BIDS AND AWARDS COMMITTEE

FOR GOODS AND SERVICES

BIDDING DOCUMENTSFOR THE

ONE (1) YEAR CONTRACT OF FUEL SUPPLY

(NEGOTIATED PROCUREMENT UNDER TWO-FAILED BIDDINGS)

SBMA-BAC-GOODS-NP-10-20

NEGOTIATED PROCUREMENT UNDER TWO-FAILED BIDDINGS FOR ONE (1) YEAR CONTRACT OF FUEL SUPPLY

Ref. No. [SBMA-BAC-GOODS-INP-10-20]Approved Budget for the Contract (ABC): Php 22,830,492.70

CHECKLIST OF ELIGIBILITY AND FINANCIAL DOCUMENTS FOR SUBMISSION

DOCUMENTARY REQUIREMENTS SHOULD BE APPROPRIATELY SIGNED AND PROPERLY TABBED, AS FOLLOWS:

I. TECHNICAL COMPONENT

A. ELIGIBILITY DOCUMENTSCLASS “A” DOCUMENTSTAB A Philippine Government Electronic Procurement System (PhilGEPS) Certificate

of Registration and Platinum Membership or all of the following:a.) Registration Certificate from the Securities and Exchange Commission (SEC) for

Corporations and Partnerships, Department of Trade and Industry (DTI) for Sole Proprietorships, or Cooperative Development Authority (CDA) for Cooperatives;

b.) Mayor’s/Business Permit or its Equivalent Document such as Certificate of Registration (CR) or Certificate of Registration and Tax Exemption (CRTE) for locators of the Subic Bay Freeport Zone (SBFZ) while for other Freeport/Economic /Export Processing Zones and/or Investment Promotion Agencies (IPAs) not issuing CRTEs, the corresponding certificate of registration and/or business permit issued by the concerned authority of the Freeport/Economic/Export Processing Zones and/or IPAs is acceptable;

c.) Valid and current Tax Clearance andd.) 2018 Audited Financial Statement.

CLASS “B” DOCUMENTTAB B If applicable, the Joint Venture Agreement (JVA) in case the joint venture is

already in existence, or duly notarized statements from all the potential joint venture partners in accordance with Section 23.1(b) of the IRR

B. TECHNICAL DOCUMENTSTAB C Conformity with Schedule of Requirements, as enumerated and specified in

Section II of the Negotiation DocumentsTAB D Conformity with Technical Specifications, as enumerated and specified in

Section III of the Negotiation Documents, with supporting documents for cross-referencing

II. FINANCIAL COMPONENT

CLASS “A” DOCUMENTSTAB

EFinancial Offer Form

INVITATION TO BID FOR ONE (1) YEAR CONTRACT OF FUEL SUPPLY UNDER TWO (2) FAILED BIDDING

The Subic Bay Metropolitan Authority, through the Corporate Budget for the contract approved by the governing board for 2020 intends to apply the sum of Twenty-Two Million Eight Hundred Thirty Thousand Four Hundred Ninety-Two Pesos and Seventy Centavos (Php22,830,492.70) Exclusive of VAT and other taxes for One (1) Year Contract of Fuel Supply [SBMA-BAC-GOODS-NP-10-20].

The Subic Bay Metropolitan Authority through its Bids and Awards Committee (BAC) for Goods and Services, now invites technically, legally, and financially capable suppliers for the mentioned goods and services.

The procurement procedure for this procurement project is Negotiated Procurement under Two (2) Failed Bidding pursuant to Section 53.1 of the Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act” including Annex “H” thereof.

The procurement is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA 5183.

Interested bidders may obtain further information from Subic Bay Metropolitan Authority and inspect the Bidding Documents at the address given below during Monday – Friday, 8:00 a.m. 5:00 p.m., except non-working holidays.

The schedule of bidding activities is herein stated below:

Activities ScheduleIssuance and Availability of Negotiation Documents

February 21, 2020 (8:00 a.m. to 5:00 p.m.) up to March 2, 2020 (8:00 a.m. to 12:00 n.n.) at the Rm. 201 Bldg. 255 Barryman Rd., SBFZ

Deadline for the Submission and Opening of Negotiation Documents (Proposal)

March 2, 2020, 2:00 p.m. at PPMD Conference Rm., Rm. 201, Bldg. 255

Barryman Road, SBFZ

The complete set of Negotiation Documents may be obtained at the Procurement Division, Rm. 201, Bldg. 255 Barryman Road, SBFZ, look for Ms. Jhea E. Ebal or Ms. Joy Q. Manalang. You may also download the same from the website of the Philippine Government Electronic Procurement System (PhilGEPS) or from the website of the SBMA (www.mysubicbay.com.ph), You may call the BAC Secretariat at Telephone Nos. (047) 252-4230.

Bids shall be submitted in sealed envelopes, labeled as “Negotiated Documents”, with the title of the procurement project, name of the bidder, address of the bidder, and contact details of the bidder, addressed to the undersigned.

The Subic Bay Metropolitan Authority 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 Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected bidder or bidders.

For further information, please refer to:

Atty. Anna Rosario P. ReyesBAC SecretarySubic Bay Metropolitan Authority(047) 252-4230 bac@sbma.com (047) 252-4284 www.mysubicbay.com.ph

ATTY. MICHAEL M. QUINTOSBAC Chairperson

Section I. Instructions to BiddersA. General

1. Scope of Offer

The Subic Bay Metropolitan Authority wishes to receive offers for the One (1) Year Contract of Fuel Supply as describe in Section III. Technical Specifications.

The Lot is:

Agency Qty. Item/Description Approved Budget for the Contract

Subic Bay Metropolitan

Authority

1 One (1) Year Contract of Fuel Supply

Php22,830,492.70

Diesel, Fuel (275,805 Liters)EURO4 CompliantGasoline Fuel (Unleaded) (150,671 Liters) EURO4 Compliant

2. Source of Funds

The Funding Source is the Government of the Philippines (GoP) through the Corporate Budget for the Contract approved by the governing Board for 2020 in the amount of Php22,830,492.70 Exclusive of VAT and other taxes.

3. Eligible Bidders or Contractors

The following are eligible to submit offer:

1.) Those who were directly invited to attend the negotiations; and

2.) Interested Filipino citizens/sole proprietorships, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA 5183 and subject to Commonwealth Act 138.

4. Bidder or Contractor’s Responsibilities

The Bidder is responsible for the following:

1. Having taken steps to carefully examine all of the Bidding Documents;

2. Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract;

3. Having made an estimate of the facilities available and needed for the contract to be bid, if any;

4. Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided, if there is any;

5. Ensuring that it is not “blacklisted” or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB;

6. Ensuring that 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;

7. Authorizing the Chairperson of the BAC for Goods and Service or its duly authorized representative/s to verify all the documents submitted;

8. Ensuring that the signatory is the duly authorized representative of the Bidder or Contractor, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Bidder in the bidding, with the duly notarized Secretary’s Certificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative, or joint venture;

9. Complying with the disclosure provision under Section 47 of RA 9184 and its IRR in relation to other provisions of RA 3019;

Failure to observe any of the above responsibilities shall be at the risk of the Bidders or Contractors concerned.

5. Preparation of Offers

1. PhilGEPS Certificate of Registration (Platinum Membership).

The PhilGEPS Certificate of Registration and Membership shall reflect the 2017 AFS. Otherwise, bidder should submit together with PhilGEPS Certificate of Registration and Membership the 2017 AFS.

The valid PhilGEPS Certificate of Registration (Platinum Membership) shall reflect the updated eligibility documents. Should Annex A of said Certificate reflects not the updated documents, the bidder shall submit, together with the Certificate certified true copies of the updated documents.

Notwithstanding the above requirements, the bidder may opt to submit the following eligibility documents in lieu of the submission of the PhilGEPS Certificate of Registration (Platinum Membership):

a.) Registration Certificate from the Securities and Exchange Commission (SEC) for Corporations and Partnerships, Department of Trade and Industry (DTI) for Sole Proprietorships, or Cooperative Development Authority (CDA) for Cooperatives;

b.) Mayor’s/Business Permit or its Equivalent Document such as Certificate of Registration (CR) or Certificate of Registration and Tax Exemption (CRTE) for locators of the Subic Bay Freeport Zone (SBFZ) while for other Freeport/Economic /Export Processing Zones and/or Investment Promotion Agencies (IPAs) not issuing CRTEs, the corresponding certificate of registration and/or business permit issued by the concerned authority of the Freeport/Economic/Export Processing Zones and/or IPAs is acceptable;

c.) Valid and current Tax Clearance and

d.) 2018 Audited Financial Statement.

In the latter case, the bidder shall submit a valid PhilGEPS Registration Certificate within a non-extendible period of three (3) calendar days from receipt of Notice from the BAC that it submitted the Lowest/Single Quotation (L/SCQ).

2. If applicable, the 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. Each partner of the joint venture shall submit the legal eligibility documents. The submission of the technical and financial eligibility documents by any of the joint venture partner constitutes compliance.

3. Conformity with Schedule of Requirements as stated in the Section II of this bidding Documents;

4. Conformity with Technical Specifications as stated in Section III of this bidding documents;

In the column “Bidder Compliance”, the bidder must state “comply” for 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.

The indication of the word “comply” in the portion opposite the item which is the primary requirement shall mean that all items under the same are complied with.

5. Financial offer

5.1 Financial Offer

(Note: Invited Bidder’s or Contractors need to submit the documents under item 2.3, 2.4 and 2.5, on or before the deadline date for the submission for offer.)

Bidders/Contractors who will receive a notice that it has submitted a Lowest Calculated Offer need to submit the following documents within five (5) calendar days upon receipt of the notice from the BAC.

6. Sworn Statement in accordance with Section 25.2 (a) (iv) of the IRR of RA 9184 and using the form prescribed in Section IV Bid and Sample Forms, Annex B.

7. 2018 Income Tax Return or Quarterly Income Tax Returns with proof of full payment for the last six (6) months preceding the date of bid submission; and

8. Value Added Tax Returns (Forms 2550M and 2550Q or Percentage Tax Returns (2551M) with proof of payment covering the last six (6) months preceding the date of submission. The income tax and business tax returns stated above should have been filed through the Electronic Filing and Payment System (EFPS).

9. Latest Laboratory Test Analysis for the Fuel to be supplied as proof that the quality of the fuel being delivered meets the Philippine Standards as set by the Department of Energy (DOE).

10. Affidavit attesting that while the procurement of the new contract is underway, the winning bidder shall agree to have the current contract extended for a certain period as required by SBMA.

11. EURO4 Certificate of Compliance from Department of Energy (DOE) and/or Department of Environmental and Natural Resources (DENR)

12. Pump Price List of Diesel Fuel and Gasoline (Unleaded) Fuel Six (6) months prior to the Submission/Opening of Bids;

13. Station Operations Manual; 14. Valid Franchise/Dealership Certificate, if applicable

2. Format and Signing of Offers

(i) Bidders or Contractors shall submit their offers through their duly authorized representative using the appropriate forms provided in Section V. Bidding Forms.

(ii) Each bidder or Contractors shall submit one (1) original, one (1) copy no. 1 and one (1) copy no. 2 of the offer.

The duplicates i.e. copies 1 and 2 must include the same documents as that of the original set of documents.

In the event of discrepancy between the original and the copies 1 and 2, the original shall prevail.

(iii) The offer, except for un-amended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Bidders or Contractors.

(iv) Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidders or Contractors.

3. Sealing and Marking of Offers

(i) Bidders or Contractors shall enclose their original in one sealed envelope marked “ORIGINAL OFFER”.

(ii) Copy No. 1 and 2 shall be similarly sealed during marking the inner envelopes as “COPY NO. 1” and “COPY NO. 2”. These envelopes containing the original and the copies shall then be enclosed in one (1) single envelope.

(iii) All envelopes shall be addressed to the SBMA BAC for Goods and Services and shall bear or indicate:

1. The name of the contract to be offered;2. The name and address of the bidder;3. The specific identification of this bidding process; and4. A warning “DO NOT OPEN BEFORE….” The date and time for the opening of

bids.

(iv) If offers are not sealed and marked as required, the SBMA BAC for Goods and Services will assume no responsibility for the misplacement or premature opening of the offer.

4. Submission and Opening of Eligibility, Technical and Financial Requirement

1. Deadline for Submission of Offers

The address for submission of offer is:

SUBIC BAY METROPOLITAN AUTHORITYBIDS AND AWARDS COMMITTEE FOR GOODS AND SERVICES

PPMD Office, Room 201, Bldg. 255, Barryman Road,Subic Bay Freeport Zone

The date and time of bid opening is 2:00 p.m., March 2, 2020

2. Modification and Withdrawal of Offers

i. The Bidder may modify its bid after it has been submitted; provided that the modification is received by the SBMA BAC for Goods and Services prior to the deadline prescribed for submission and receipt of offer. The Bidder or Contractor shall not be allowed to retrieve its original offer, but shall be allowed to submit another offer equally sealed, properly identified, linked to its original offer marked as ‘OFFER MODIFICATION” and received using the official receiving system. Offer modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder or Contractor unopened.

ii. A Bidder or Contractor may, through a Letter of Withdrawal, withdraw its offer after it has been submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the SBMA BAC for Goods and Services prior to the deadline prescribed for submission and receipt offer.

iii. Offers requested to be withdrawn shall be returned unopened to the Bidders. A Bidder or Contractor that withdraws its offer shall not be permitted to submit another offer, directly or indirectly, for the same contract.

iv. No offer may be modified after the deadline for submission of offers. No offer may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of offer validity specified by the Bidder or Contractor in the Financial Offer Form.

3. Opening and Preliminary Examination of Offers

i. During the Opening of offers, only the authorized representative shall be allowed to “assist”, if required by the BAC, in the opening of offers.

ii. Letters of withdrawal shall be read out and recorded during offer opening, and the envelope containing the corresponding withdrawn offer shall be returned to the Bidders or Contractor unopened.

iii. The SBMA BAC for Goods and Services Members shall sign the abstract of offers as read.

5. Evaluation and Comparison of Offers

1. Clarification of Offers

To assist in the evaluation, comparison, and post-qualification of the offers, the SBMA BAC for Goods and Services may ask in writing any Bidder or Contractor for a clarification of its offer. All responses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the SBMA BAC for Goods and Services shall not be considered.

2. Detailed Evaluation and Comparison of Offers

The SBMA BAC for Goods and Services will undertake the detailed evaluation and comparison of offers in order to determine the Best and Final Offer.

The simplified offer evaluation to determine the Best and Final Offer shall be conducted in accordance with this RFO and the procedure adopted in public bidding insofar as the latter does not conflict with the former.

For purposes of determination of the Best and Final Offer, the offer with the lowest price as calculated shall be evaluated first. If the same complies with all the mandatory requirements and conditions of the RFO, it shall be declared the Best and Final Offer. The same process shall be repeated for the next lower offer until the Best and Final Offer is declared.

If the SBMA BAC for Goods and Services declares Best and Final Offer, said offer shall be recommended to the Head of the Procuring Entity for award of contract to the Bidder or Contractor at its submitted offer or its negotiated offer, whichever is lower.

3. Reservation Clause

Notwithstanding the determination of Shortlist and/or declaration of Best and Final Offer, the SBMA BAC for Goods and Services concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Bidder or Contractor, or that there has been a change in the Bidder or Contractor’s capability to undertake the project from the time it submitted its documents and/or Offer. Should such review uncover any misrepresentation made in the eligibility and procurement requirements, statements or documents, or any changes in the situation of the Bidder or Contractor which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the SBMA BAC for Goods and Services shall consider the said Bidder or Contractor as ineligible and shall disqualify it from submitting a offer or from obtaining an award or contract.

In accordance with Section 41 of the revised IRR of RA 9184, the SBMA BAC for Goods and Services reserves the right to reject any and all bids, declare a Failure of Bidding

at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding.

In addition, the SBMA BAC for Goods and Services may likewise declare a failure of bidding when:

i. No offers were received;ii. No one made it to the Shortlist;iii. All offers that fail to comply with all the mandatory requirements; oriv. The Bidder or Contractor with the Best and Final Offer refuses, without

justifiable cause to accept the award of contract, and no award is made.

6. Award of Contract

1. Contract Award

The SBMA shall award the contract to the Bidder or Contractor whose offer has been determined to the Best and Final Offer.

Notwithstanding the issuance of the Notice of Award, award of the contract shall be subject to the following conditions:

i. Submission of the valid JVA, if applicable, within five (5) calendar days from receipt of Bidder or Contractor of the Notice from the SBMA BAC for Goods and Services that the Bidder or Contractor has the Best and Final Offer; and

ii. Signing of Contract.

At the time of contract award, the SBMA BAC for Goods and Services shall not increase or decrease the quantity of goods originally specified in Section II. Schedule of Requirements.

2. Signing of the Contract

The SBMA shall enter into contract with the successful bidder or contractor within ten (10) calendar days from issuance of Notice of Award.

The following documents shall form part of the contract:

i. Request for Offer;ii. Winning Bidder or Contractor’s offer and all other

documents/statements submitted prior the Shortlist;iii. Notice of Award of Contract; andiv. Other contract documents that may be required by existing laws

and/or specified in the Instruction to Bidder or Contractor.

7. Performance Security

To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall post a performance security within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the SBMA and in no case later than the signing of the contract.

The SBMA shall prescribe at least two (2) acceptable forms of performance security taken from two (2) categories below that Bidders or Contractors may opt to use, denominated in Philippine Pesos and posted in favor of the SBMA in an amount equal to the percentage of the total contract price in accordance with the following schedule:

The Performance Security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount not less than the percentage of the total contract price in accordance with the following schedule:

Form of Performance Security Amount of Performance Security (Equal to Percentage of the Total

Contract Price)Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank;

Five Percent (5%)Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank; Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a Foreign BankSurety Bond callable upon demand issued by the surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; and or

Thirty Percent (30%)

Any combination of the foregoing Proportionate to share of form with respect to total amount of security

Failure of the successful Bidder or Contractor to comply with the above-mentioned requirement shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event the SBMA shall initiate and complete the evaluation of the remaining offers. The procedure shall be repeated until the Best and Final Offer is identified and selected for contract award.

8. Warranty Security

The Bidder or Contractor warrants that the goods, if any, supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the technical specifications required by the SBMA provides otherwise.

The Bidder or Contractor further warrants that all goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Bidder or Contractor that may develop under normal use of the supplied Bidder or Contractor in the conditions prevailing in the country of final destination.

In order to assure that manufacturing defects shall be corrected by the Bidder or Contractor, a warranty shall be required from the Supplier within thirty (30) calendar days. The obligation for the warranty shall be covered by, at the Bidder or Contractor’s option, either retention money in an amount equivalent to at least five percent (5%) of every progress payment, or a special bank guarantee equivalent to at least ten percent (10%) of the Contract Price. The said amounts shall only be released after the lapse of the warranty period of One (1) year provided, however, that the supplies or infrastructures delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met.

The SBMA shall promptly notify the Bidder or Contractor in writing of any claims arising under this warranty. Upon receipt of such notice, the Bidder or Contractor shall, within the thirty (30) calendar days and with all reasonable speed, repair or replace the defective Goods or Infrastructure or parts thereof, without cost to the SBMA.

If the Bidder or Contractor, having been notified, fails to remedy the defect(s)within the period specified above, the SBMA may proceed to take such remedial action as may be necessary, at the Bidder or Contractor’s risk and expense and without prejudice to any other rights which the SBMA may have against the Bidder or Contractor under the Contract and under the applicable law.

Section II. Schedule of Requirements

Item Description Quantity Total Delivered,Number Weeks/Months

1 One (1) Year Contract of Fuel Supply

1 Lot One (1) Year from the effective date indicated

in the Notice to Proceed.***NOTHING FOLLOWS***

I hereby commit to comply and deliver all the above requirements in accordance with the above stated schedule.

[Signature over Printed Name] [in the capacity of/Position/Designation]

Duly authorized to sign Bid for and on behalf of ____________________________*Bidder’s Company Name+

Section III. Technical SpecificationsAGENCY SPECIFICATIONS Bidder’s Statement of Compliance

ONE (1) YEAR CONTRACT OF FUEL SUPPLYBrand Offer:

1 Diesel, Fuel (1,400,000 Liters)EURO4 Compliant

2 Gasoline Fuel (Unleaded) (600,00 Liters)EURO4 CompliantOther Considerations:a.) Fuel station within the SBFZ but must be

within eight (8) – kilometer radius fromSBMA Bldg. 229, Waterfront Rd., SBFZ;

b.) Stocking position good for one (1)month;

c.) Fuel withdrawn and availed on a perneed basis;

d.) Diesel and gasoline pumps dedicated forSBMA;

e.) Operating hours from 5:00 a.m. to 9:00p.m., 7-days a week;

f.) Space provision good for two (2) SBMAFuel Monitoring Clerks;

g.) The winning bidder shall submit a swornDeed of Undertaking warrantingthereon that the fuel to be supplied forthe entire duration of the contract shallbe free from any substance which mayprejudice the performance of SBMAVehicles and thus admittingresponsibility to any damages that thevehicle may incur arising from thatsubstance.

h.)

While the procurement of the newcontract is underway, the winningbidder shall agree to have the currentcontract for a certain period asrequested by SBMA.

I hereby certify that the statement of compliance to the foregoing technical specifications as well as concurrence to the entirety of the Terms of Reference (TOR, if applicable) 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.

_________________________________ ___________________________________________[Signature over Printed Name] [in the capacity of/Position/Designation]

Duly authorized to sign Bid for and on behalf of ____________________________*Bidder’s Company Name+

TERMS OF REFERENCEONE (1) YEAR CONTRACT OF FUEL SUPPLY

TABLE OF CONTENTS

A. INTRODUCTION

A.1 Project Overview/BackgroundA.2 Project Objectives

B. PROJECT ESTIMATES

B.1 Approved Budget for the ContractB.2 Billing CycleB.3 Source of Funds

C. TECHNICAL SPECIFICATIONS

D. EVALUATION OF METHODOLOGY

E. GENERAL PROCEDURES

Narrative Procedure

93

A. INTRODUCTION

A.1 Project Overview/Background

The Subic Bay Metropolitan Authority (SBMA) is the operating and implementing arm of the Government of the Philippines in developing the 67,000-hectare area of Subic Bay Freeport (SBF) into a self-sustaining industrial, commercial, financial, and investment and academe center to generate, among others, employment opportunities in and around the Zone.

Considering its broad mandate, the vast territory that it governs and 214 (144 light vehicles and 70 heavy equipment) in its fleet, the SBMA is faced with the challenge of making scarce go further by achieving efficiency savings. For this purpose, the project covers the outsourcing of SBMA’s fuel providers to achieve savings and efficiency gains for the SBMA.

This Terms of Reference (TOR) provides the general parameters of the project, the provisions of RA 9184 shall be applicable whenever the TOR is silent on a particular matter.

A.2 Project Objectives

To provide SBMA with a regular petroleum supply for all its vehicles, vessels, and fuel-generated equipment with the most competitive pricing and efficient administration and monitoring system.

B. PROJECT ESTIMATE

B.1 Approved Budget for the Contract

Diesel and Gasoline Fuel: Php 31,455,450.00

B.2 Billing Cycle

Goods and Services shall be sold or performed on credit, interest free, based on the actual approved and accepted services and consumption of SBMA.

B.3 Source of Fund

The ABC authorized for the said project shall be sourced out from the SBMA Corporate Funds pursuant to the Agency’s approved Corporate Operating Budget (COB) for 2019-2020.

C. SCOPE OF WORKS AND TECHNICAL

SPECIFICATIONS C.1 General Scope

The quantity corresponding to each of the items is contingent and shall be on a per need/per request basis only, wherein volume is based on the annual average consumption of SBMA. Thus, the actual consumption may increase or decrease during contract implementation.

Description Qty. Unit of IssueDiesel Fuel 275,805 litersGasoline Fuel (Unleaded) 150,671 liters

94

Compliant with Philippines Biofuel Act of 2006Gasoline Fuel 600,000 liters Compliant with Philippines Biofuel Act of 2006

a.) Fuel station within the SBFZ but must be within eight (8) – kilometer radius from SBMABldg. 229, Waterfront Rd., SBFZ;

b.) Stocking position good for one (1) month;c.) Fuel withdrawn and availed on a per need basis;d.) Diesel and gasoline pumps dedicated for SBMA;e.) Operating hours from 5:00 a.m. to 9:00 p.m., 7-days a week;f.) Space provision good for two (2) SBMA Fuel Monitoring Clerks;g.) The winning bidder shall submit a sworn Deed of Undertaking warranting thereon that

the fuel to be supplied for the entire duration of the contract shall be free from anysubstance which may prejudice the performance of SBMA vehicles and thus admittingresponsibility to any damages that the vehicle may incur arising from that substance;

h.) While the procurement of the new contract is underway, the winning bidder shall agreeto have the current contract for a certain period as requested by SBMA.

D. EVALUATION METHODOLOGY

Considering the volatility of fuel prices, the unit price is not pegged for the duration of the project. For purposes of Bid Evaluation, bidders shall submit bids based on a uniform unit price and compete only based on the most favorable discount to be offered to the Agency, provided that the minimum discount to be given should not be lower than the prevailing discount rate of 1.20%. Otherwise, bid shall not be considered. Thus,

Uniform Unit Price Php XX.00Less: Bid Discount % per Liter XX.00AMOUNT Php XX.00

For purposes of evaluating the bid, Uniform Unit Price shall mean the published Department of Energy (DOE) Common Price or the prevailing Pump Price, whichever is lower, on the date of Submission and Opening of Bids less the Value Added Tax (VAT).

The discount shall be fixed for the entire duration of the Contract and applied for every billing period. The bidder offering the lowest calculated and responsive bid shall be declared as the winning bidder.

Basis for payment: For purposes of payment, the unit price shall be based on the Department of Energy (DOE) Common Price or Pump Price, whichever is lower, Exclusive of Value Added Tax (VAT and other taxes, less the percentage discount.

The DOE Common Price is available at the DOE website.

The proponent shall make an accounting of the amount actually payable based on the date of the delivery receipt to determine the allowable unit/volume that may still be ordered from the remaining amount allotted for each (Petroleum, Oil and Lubricants) POL product. SBMA shall be allowed to make adjustments in the units/volume to be delivered per type of product to conform to the remaining amount in the total contract price.

If, during contract implementation, the total contract price would have been consumed notwithstanding that the requirements were not fully delivered in the units/volume contemplated, no further order and payments shall be made.

95

E. GENERAL WORK PROCEDURE

Winning bidder’s pump station shall dispense fuel requirements subject to verification and monitoring of the SBMA fuel monitoring clerks.

F. CALIBRATION AND LABORATORY TEST ANALYSIS

Winning bidder shall submit every quarter the latest laboratory test analysis for fuel to be supplied as proof that the quality of the fuel being delivered meets the Philippine Standards as set by the DOE. It shall likewise submit documents as proof of its daily calibration of pumps.

Prepared by:

SGD.EDWIN M. GONZALESOIC, Property Division (PPMD)

Approved by:

SGD.DENNIS ROLAN E. BAVIERAOIC, PPMD

Noted by:

SGD.ATTY. RUEL JOHN T. KABIGTINGDeputy Administrator for Administration

SGD.ATTY. RAMON O. AGREGADOSenior Deputy Administrator for Support Services

Section IV. Bidding Forms

ANNEX A

CONTRACT AGREEMENT FORM

THIS AGREEMENT, made this [insert date] day of [insert month], [insert year] between [name and address of PROCURING ENTITY] (hereinafter called the “Entity”) and [name and address of Contractor] (hereinafter called the “Contractor”).

WHEREAS, the Entity is desirous that the Contractor execute [name and identification number of contract] (hereinafter called “the Goods and Services”) and the Entity has accepted the bid for [insert the discount rate per liter for the One (1) Year Contract of Fuel Supply] by the Contractor for the execution and completion of the Goods and Services and the remedying of any defects therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meaningsas are respectively assigned to them in the Conditions of the Contract hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read and construed as part of this Agreement, to wit:

(a) Invitation to Bid; (b) Addenda and/or Supplemental/Bid Bulletins, if any;(c) Bid Forms including all the documents/statements contained in the

Bidder’s bidding envelopes, as annexes;(d) Eligibility requirements, documents and/or statements;(e) Performance Security;(f) Notice of Award of Contract and the Bidder’s conforme thereto; and(g) Other contract documents that may be required by existing laws

and/or the Entity.

3. In consideration of the payments to be made by the Entity to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Entity to execute and complete the Works and remedy any defects therein in conformity with the provisions of this Agreement in all respects.

4. The Entity hereby covenants to pay the Contractor in consideration of the execution and completion of the Works, the Contract Price or such other sum as may become payable under the provisions of this Agreement at the times and in the manner prescribed by this Agreement.

IN WITNESS whereof the parties thereto have caused this Agreement to be executed the day and year first before written.

Binding Signature of PROCURING ENTITY

_________________________________

Binding Signature of Contractor

______________________________________

[Addendum showing the corrections, if any, made during the bid evaluation should be attached with this agreement]

ANNEX B

OMNIBUS SWORN STATEMENT

REPUBLIC OF THE PHILIPPINES CITY/MUNICIPALITY OF ______ )

) S.S.

A F F I D A V I T

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 or authorized representative 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, 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 Subic Bay Metropolitan Authority, 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 Subic Bay Metropolitan Authority, as shown in the attached[state title of attached document showing proof of authorization (e.g., duly notarizedSecretary’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;

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: 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;

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;

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].

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. [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 SBMA BAC notices may be transmitted.

Telephone No/s.: _____________________________Fax No/s.: _____________________________Email Add/s.: _____________________________Mobile No.: _____________________________

It is understood that notice/s transmitted in the above stated telephone/fax numbers and/or e-mail address/es are deemed received as of its transmittal and the reckoning period for the reglementary periods stated in the bidding documents and the Revised implementing Rules and Regulations of Republic Act No. 9184 shall commence from receipt thereof.

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 AUTHORIZEDREPRESENTATIVE] [Insert signatory’s Legal capacity]Affiant

SUBSCRIBED AND SWORN to before me this _____day of [month][year] at[place of execution], Philippines. Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon issued on _____ at_____________________.

Witness my hand seal this _____ day of [month] [year].

NAME OF NOTARY PUBLICSerial No. of Commission _______________Notary Public for _______ until __________Roll of Attorneys No. __________________PTR No. ______ [date issued], [place issued]IBP No. ______ [date issued], [place issued]

Doc. No. _____Page No. _____Book No. _____Series of _____

Note:

“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, 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 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 SBMA.

ANNEX C

JOINT VENTURE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This JOINT VENTURE AGREEMENT (hereinafter referred to as the “Agreement”), enteredinto this _____ day of ___________________ 20__ at_________________________________ City, Philippines by and among:

_________________________________________, a domestic corporation duly organized, registered and existing under and by virtue of the laws of the Republic of the Philippines,with office address at___________________________________________________________________________, represented by its ________________________, ________________________hereinafter referred to as “___________________________________”;

-and-

_________________________________________, a domestic corporation duly organized, registered and existing under and by virtue of the laws of the Republic of the Philippines,with office address at___________________________________________________________________________, represented by its ________________________, ________________________hereinafter referred to as “___________________________________”;

-and-

_________________________________________, a foreign corporation duly organized, registered and existing under and by virtue of the laws of_________________________________________with office address at___________________________________________________________________________, represented by its ________________________, ________________________hereinafter referred to as “___________________________________”;

-and-(Henceforth collectively referred to as the “Parties”

WITNESSETH: ThatWHEREAS, the Subic Bay Metropolitan Authority (SBMA) has recently published an Request for Offer for the Supply and Delivery of _________________________________ for the _______________________;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 SBMA;

NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants hereto set forth, the Parties have agreed as follows:

ARTICLE IORGANIZATION 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 ofBusiness 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 SBMA 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 SBMA, 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.

ARTICLE IIPURPOSE

SECTION 1. The primary purpose of the Joint Venture is to participate in the publicbidding to conducted by the SBMA Bids and Awards Committee for the supply and deliveryof___________________________________________________________________________.

SECTION 2. If the above-described contract/s is/are awarded to the Joint Venture, the Joint Venture shall undertake the performance thereof to SBMA, and such other incidental activities necessary for the completion of its contractual obligations.

ARTICLE IIISOLDARY LIABILITY OF THE PARTIES

SECTION 1. In the performance of the contract/s that may be awarded to the Joint Venture by the SBMA, and all other related activities/obligations, as described in Article II hereof, the Parties bind themselves jointly and solidarity, in the concept of solidarity debtors, subject to the right of reimbursement, as provided in the relevant provisions of the Civil Code of the Philippines.

ARTICLE IVCONTRIBUTION AND OTHER ARRANGEMENTS

SECTION 1. Contribution – The Parties shall contribute the amount of ____________________________________________ (Php ______________) to support the financial requirements of the Joint Venture, in the following proportion:

A. – Php _______________B. – Php _______________

TOTAL Php _______________

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 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 VMISCELLANEOUS PROVISIONS

SECTION 1. The provisions of the Instructions to Bidders, Supplemental Bid Bulletin, and other bidding documents issued by the SBMA in relation to the contract described in ArticleII hereof, shall be deemed incorporated in this Agreement and made an integral part thereof.

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.

SECTION 4. Governing Law – This Agreement shall be governed by and construed according to the laws of the Republic of the Philippines. Venue of any court action arising from this Agreement shall be exclusively laid before the proper court of the _____________________________________, Philippines.

IN WITNESS WHEREOF, the parties have set their hands and affixed their signatures on the date and place first above-stated.

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

Signed in the Presence of:

__________________________________________________________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )CITY/MUNICIPALITY OF ________________) S.S.PROVINCE OF (_______________________)in the case of Municipality

BEFORE ME, a Notary Public for and in the City/Municipality of___________________________________________________________,

Indicate also the Province in the case of Municipalitythis ________ day of __________________ personally appeared the following:

month and year

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 corporations(s) they represent

This instrument refers to a Joint Venture Agreement consisting of ______ pages, including the page on which this Acknowledgment 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.

__________________________________(Notary Public)

Until _________________PTR No. _________________Date _________________Place _________________TIN _________________IBP _________________

Doc. No. ;Page No ;Book No. ;Series of 20____.

Note: The competent evidence of identity for Notary shall comply with Sec. 12 (a), Rule II 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, Overseas Filipino Worker (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.

86

ANNEX D

FORM OF PERFORMANCE SECURITY (BANK GUARANTEE)

To: Subic Bay Metropolitan Authority PPMD Conference Room, Rm. 201,Bldg. 255 Barryman Road,Subic Bay Freeport Zone (SBFZ)

WHEREAS, (Name and Address of Supplier)(hereinafter called “the Supplier”) has undertaken, in pursuance of Contract Agreement No. _____________ dated ________________ to execute (Name of Contract and Brief Description) (hereinafter called the “Contract”);

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 as 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 Final Acceptance [Inspection and Certification of Acceptance Report (I.C.A.R.)]

SIGNATURE AND SEALED OF THE GUARANTOR _____________________________NAME OF BANK _____________________________ADDRESS _____________________________DATE _____________________________

ANNEX E

SUPPLIER’S LETTERHEAD

_________________Date

ATTY. MICHAEL M. QUINTOSChairpersonBids and Awards CommitteeSubic Bay Metropolitan AuthoritySubic Bay Freeport Zone

Dear Sir:

This has reference to Invitation to Bid under Reference No. SBMA-BAC-GOODS-INP-10-20 for [One (1) Year Contract of Fuel Supply].

(Name of Company) respectfully requests for the following:

( ) Withdrawal of Bid Submissions( ) Refund of Bid Security

(Attached is a photocopy of the SBMA Official Receipt)

It is understood that _________________________ waives its right to file any motion for reconsideration and/or protest in connection with the above-cited Public/Negotiated Bidding Project.

Thank you.

Very truly yours,

__________________________________Authorized Signatory for the Company

ANNEX F

FINANCIAL OFFER FORM

Date: ________________________RFO: SBMA-BAC-GOODS-NP-10-20

To: ATTY. MICHAEL M. QUINTOSChairpersonBids and Awards CommitteeSubic Bay Metropolitan AuthorityPPMD Conference Room, Rm. 201,Bldg. 255 Barryman Road,Subic Bay Freeport Zone (SBFZ)

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers [________], the receipt of which is hereby duly acknowledged, we, the undersigned, offer to One (1) Year Contract of Fuel Supply in conformity with the said bidding documents.

Qty. Item/Description Discount Rate per liter1 One (1) Year Contract of Fuel Supply

Exclusive of VAT and other taxes

Diesel, Fuel (275,805 Liters)EURO4 CompliantGasoline Fuel (Unleaded) (150,671 Liters) EURO4 Compliant

We undertake, if our Bid is accepted, to deliver the goods in accordance with the delivery schedule specified in the Section II. Schedule of Requirements.

If our Bid is accepted, we undertake to provide a performance security in the form, amounts, and within the times specified in the Bidding Documents.

We agree to abide by this Bid for the Bid Validity Period specified in the Revised IRR of RA 9184 and shall remain binding upon us and may be accepted at any time before the expiration of that period.

Until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof and your Notice of Award, 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 stated under this bidding documents.

We have visited the site and are aware and acquitted with the conditions as they exist and the facilities, difficulties, and restrictions affecting the performance of the work and that we have completely examined the terms of reference and specifications of the requirement.

Dated this ________________________ day of __________________, 20_____.

_________________________________ _____________________________[Signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of _____________________________