2Republic of the Philippines OFFICE OF THE OMBUDSMAN

OFFICE OF THE SPECIAL PROSECUTOR 5th Floor, Sandiganbayan Centennial Building Commonwealth Avenue corner Batasan Road

Quezon City

INVITATION TO BID FOR THE SUPPLY OF BRAND NEW COMPUTER PRINTERS

FOR THE OFFICE OF THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN

The Office of the Special Prosecutor (OSP), Office of the Ombudsman, through

the General Appropriations Act, intends to apply the sum of THREE HUNDRED SIXTY THOUSAND AND TWENTY (P360, 020.00) PESOS being the Approved Budget for the Contract (ABC), for the Supply and Delivery of Computer Printers, as follows:

Object of Bidding Approved Budget for

the Contract (ABC) A. LOT 1 - Supply of Five (5) Laser Printer, Print Speed: 20ppm (Branded, Network Laser Printer)

P 96,500.00

B. LOT 2- Supply of Forty Three (43) Laser Printer, Print Speed:15 ppm (Branded) and One (1) Colored Printer (Branded)

P 263,520.00

Total P 360,020.00 The OSP, through its Bids and Awards Committee, now invites bids for the above

computer printers. Delivery of the computers is required within fifteen (15) calendar days after receipt of the Notice to Proceed. Bidders should have successfully completed, within three (3) years from the date of submission and receipt of bids, a contract similar to the above project. The description of an eligible bidder is contained in the Bidding Documents and Instructions to Bidders. Bidders may bid for one or both lots. Bids received in excess of the ABC shall be automatically rejected at bid opening.

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”.

Bidding 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 and subject to Commonwealth Act 138. Interested bidders should be enrolled to the Electronic Filing and Payment System (eFPS) program of the Bureau of Internal Revenue (BIR), pursuant to Executive Order No. 398, RR 3-2005, and must be registered under the Philippine Government Electronic Procurement System (PhilGEPS).

A complete set of Bidding Documents is available to interested bidders from February 21 to March 21, 2011 upon payment of a non-refundable fee in the amount of P1, 000.00 each for LOT 1 and LOT 2 payable in cash, cashier’s check or manager’s check. Bidding Documents may also be downloaded from the website of the Philippine Government Electronic Procurement System (PhilGEPS) but interested bidders shall pay the non-refundable fee for the Bidding Documents upon submission of their bids.

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Interested bidders may refer to the table below for the schedule of bidding activities:

ISSUANCE OF BIDDING DOCUMENTS February 21- March 21, 2011 (9:00am-3:00pm except on March 21 which is up to 10:00am only) Venue: OSP Administrative Division 2nd Floor, Ombudsman Bldg., Agham Road Quezon City

PRE-BID CONFERENCE (Open to all interested parties)

March 10, 2011 (9:30am) Venue: M/A Conference Rooms, Ombudsman Bldg., Agham Road, Quezon City

SUBMISSION AND RECEIPT OF BIDS (Bids shall be accompanied by a Bid Security in any of the acceptable forms and in the amount stated in Instruction To Bidders. Late bids shall not be accepted)

March 21, 2011 only (8:00am - 10:00 am) Venue: M/A Conference Rooms, Ombudsman Bldg., Agham Road, Quezon City

OPENING OF BIDS (Bids will be opened in the presence of the bidders/representatives who choose to attend).

March 21, 2011 (10:30 am) Venue: M/A Conference Rooms, Ombudsman Bldg., Agham Road, Quezon City

The OSP reserves the right to accept or reject any bid, to annul the bidding process, and to reject all bids at any time prior to contract award, without thereby incurring any liability to the affected bidder or bidders.

For more information, please refer to:

THE BIDS AND AWARDS COMMITTEE Secretariat Office of the Special Prosecutor 5th Floor, Sandiganbayan Centennial Bldg, Commonwealth Ave., Quezon City (02) 9513132 – Omar L. Sagadal (02) 9513084 – Edwin B. Gomez (02) 9267025 – Lionell L. Donato / Mr. Johnny G. Orya OSP.BAC@gmail.com

MANUEL T. SORIANO, JR. Chairman

BIDS AND AWARDS COMMITTEE Office of the Special Prosecutor 5th Floor, Sandiganbayan Centennial Bldg, Commonwealth Ave., Quezon City

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Republic of the Philippines

OFFICE OF THE OMBUDSMAN OFFICE OF THE SPECIAL PROSECUTOR

5th Floor, Sandiganbayan Centennial Building Commonwealth Avenue corner Batasan Road

Quezon City

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INSTRUCTIONS TO BIDDERS A. BIDS TO BE CONSIDERED

The Office of the Special Prosecutor (OSP) will consider bids submitted by the accredited companies which can provide suitable assurance that their services/ facilities will be available in the Philippines when needed. Accredited are those who are listed in the PhilGEPS.

The OSP reserves the right to accept or reject any or all bids, to waive any defects, and to accept the

bid most advantageous to the OSP “Defect” refers to non-compliance with any procedural

requirement of the bidding, as appearing herein, except the signing of Bid Proposals and the filing of

Bidder’s Bond.

In addition, bidders who are qualified to submit bids must be: a. Duly licensed Filipino citizens/sole proprietorships; b. Partnerships duly organized under the laws of the Philippines and of which at

least sixty percent (60%) of the interest belongs to citizens of the Philippines; c. Corporations duly organized under the laws of the Philippines, and of which at

least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;

d. Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) belongs to citizens of the Philippines; or

e. Persons/entities forming themselves into a joint venture, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, That Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%). For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their JVA.

The OSP reserves the right to inspect the establishment and facilities of the bidder.

Interviews with client installations shall also be conducted. B. PREPARATION OF BIDS

Bidders shall submit their bids using the forms specified in the Bidding Documents in two (2) separate sealed bid envelopes, which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements and the second shall contain the financial component of the bid.

The OSP shall only consider bids in the prescribed forms. Moreover, Financial Bids exceeding the Approved Budget for the Contract (ABC) shall be rejected. The ABC for LOT 1 -- 5 Units Network Laser Printer:20ppm (Branded) --- is Ninety Six Thousand and Five Hundred Pesos (PhP96,500.00) while the ABC for LOT 2 – 1 Unit Colored Printer:25/20ppm (Branded)

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and 43 Units Laser Printer:15ppm (Branded) – is Two Hundred Sixty Three Thousand and Five Hundred Twenty Pesos (PhP263,520.00). All entries in the OSP Bid Forms must be typewritten, prepared in English, and submitted in separate envelopes. Eligibility Documents, Technical Proposal and Financial Proposal are to be submitted in separate envelopes, respectively marked as follows:

1. ELIGIBILITY DOCUMENTS & TECHNICAL PROPOSAL 2. FINANCIAL PROPOSAL

Bidders shall submit their bids personally or through their duly authorized representative

(i) in the prescribed Bid Form, including its annexes, as specified in the bidding documents, (ii) on or before the specified deadline, and (iii) in two (2) separate sealed bid envelopes, the first containing the technical component of the bid including the eligibility requirements, and the second containing the financial component of the bid, with the name of the contract to be bid and the name of the bidder in capital letters, addressed to the BAC of the OSP. The bidder shall mark the two envelopes: “DO NOT OPEN BEFORE MARCH 21, 2011, 10:30 A.M.” Both envelopes shall then be sealed in an outer envelope which shall be addressed to the BAC and shall be marked “PUBLIC BIDDING FOR SUPPLY AND DELIVERY OF COMPUTER PRINTERS FOR THE OFFICE OF THE SPECIAL PROSECUTOR.” The outer envelope shall also indicate what lot it is intended for.

The OSP Bid Forms must be submitted in their entirety with all blanks properly filled in. Prices shall be written in words and expressed in numbers. In case of discrepancy

between the price in words and figures, the former shall prevail. The Technical and Financial Proposals must be typewritten. It should contain the full

name and business address of the bidder and must be signed by one duly authorized to do so. The signature of the bidder on the Bid Forms constitutes full acceptance of all conditions indicated in the Invitation to Bid.

Erasures/Modifications in the Bid Forms must be signed by the authorized signatory.

Unsigned erasures/modifications will not be considered and the original entry will be considered. Further modifications not on the Bid Form must be received by the OSP not later than the date and time set for opening of the bids. Modifications by cable or telephone will not be considered.

The Sealed Proposal shall contain all information and data about all items in the Bid

Schedule to be furnished by the Bidder. Technical literature showing manufacturer’s detailed specification, power specifications, capacities and other available information that will show the construction, durability and performance of each applicable item prepared in English shall be submitted with the proposal. All documents showing such pertinent information shall be listed in the Enclosures Form and all such enclosures shall be checked against the list during the opening of the proposal. Data or information enclosed but not listed will not be considered part of the Technical Proposal. Failure to submit the data required may cause the rejection of the bid as non-responsive.

The OSP assumes no obligation or responsibility whatsoever to compensate or

indemnify the Bidders for any expense or loss which may be incurred in the preparation of their proposals.

Acceleration clauses (e.g. “subject to increase or decrease in the present rate of

exchange”) will not be considered. Bidder’s conditions such as “subject to prior sales,” subject to confirmation by our suppliers,” or other precondition clauses that affect the price and/or terms of delivery of goods shall not be considered.

Prices shall be quoted in Philippine Pesos only. Prices quoted in the proposal shall

include all duties and taxes levied by the Philippine Government.

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C. VALIDITY OF PROPOSAL

Bids shall be valid for a period of not less than ninety (90) calendar days from the date of opening of the bids. The validity period shall cover all items bid for.

D. BID SECURITY

The bid security shall be in an amount equal to a percentage of the ABC in accordance with the following schedule:

Object of Bidding

Approved Budget for the Contract (ABC)

FORM OF SECURITY [MINIMUM AMOUNT IN % OF THE APPROVED

BUDGET FOR THE CONTRACT (ABC)] 1) Cash, Cashier’s/Manager’s check, bank draft/guarantee confirmed by a Universal or Commercial Bank / 2) Irrevocable letter of credit issued by a Universal of Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. Two Percent (2%)

3) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. Five Percent (5%)

4) Any

combination

of the

foregoing.

Proportiona

te to share

of form

with respect

to total

amount of

security

LOT 1 – Five (5) Laser Printer:20ppm

P 96,500.00 P 1,930.00 P 4,825.00

LOT 2 – One (1) Colored Printer:25/20ppm & – Forty Three(43) Laser Printer:15ppm

P 263,520.00

P 5,270.40

P 13,176.00

The bid security shall be posted in favor of the OSP and shall be valid for a period of

ninety (90) days following the opening of bids. The bid security of the winning bidder(s) will be returned upon execution of the Contract

and after the Performance Security furnished by the Contractor has been accepted by the OSP. Bid securities of unsuccessful bidders will be returned after fifteen (15) days following the execution of the Contract but in any event not later than thirty (30) calendar days following opening of bids.

In case the successful bidder fails for any reason to execute the Contract and/or furnish

a Performance Security equivalent to five percent (5%) in the form of (a) Cash, cashier’s/manager’s check, bank draft/guarantee confirmed by a Universal or Commercial Bank, (b) 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 bank; or equivalent to (c) thirty percent (30%) in the form of Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; d) Any combination of the foregoing, the Bidder’s Bid Security shall be forfeited in favor of the OSP as liquidated damages and not by way of penalty,

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since the exact damage caused to the OSP by such failure is difficult if not impossible to determine accurately.

A proposal which is not accompanied by satisfactory Bid Security shall not be

considered. Letters, telexes and cablegrams purporting to show compliance with the above requirement will not be considered.

E. DELIVERY OF BIDS

Proposals shall be sealed in separate envelopes in accordance with the preceding provisions. Both envelopes shall then be sealed in an outer envelope with the markings specified in ITEM B above and addressed to:

BIDS AND AWARDS COMMITTEE

Office of the Special Prosecutor M/A Conference Rooms, Ombudsman Bldg.,

Agham Road, Quezon City

Bids with the Bid Security attached shall be delivered directly to the OSP on the hour, place and date set as scheduled. Delivery of bids by mail shall be at the bidder’s own risk, and the hour and date of receipt of the bid will be taken as that certified by the OSP. Bids will only be considered if received at the time set forth in the Invitation to Bid. Bids received after such time shall be returned unopened.

Bids shall be stamped and initialed by the receiving clerk of the Bids and Awards

Committee before the bids are dropped in the Bid Box.

F. WITHDRAWAL OF BIDS

Withdrawal of bids is a bidder’s right. It shall be allowed if the bid is withdrawn prior to opening of bids. Such withdrawal must be communicated in writing to the Bids and Awards Committee and his bid shall be returned to him unopened.

G. INTERPRETATION OF CONTRACT DOCUMENTS

If any bidder notes any omission or discrepancy in the specifications and other documents or should there be doubt as to their meaning, the bidder may submit a written request for clarification to the Chairman, Bids and Awards Committee, allowing sufficient time for reply to reach him before submission of his bid.

Any substantive interpretation given will be issued by the OSP in the form of a

Supplemental Notice furnished to all eligible bidders prior to the date of the opening of bids. No relief shall be granted on a plea of error in a bid.

H. EVALUATION AND COMPARISON OF BIDS

1. Both Technical and Financial Proposals shall be submitted on March 21, 2011 at 8:00 AM to 10:00 A.M. Technical Proposals shall be opened at 10:30 A.M. of the same day. For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary “pass/fail” criterion. If a bidder submits the required document, it shall be rated “passed” for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as “failed”. Otherwise, the BAC shall rate the said first bid envelope as “passed”.

2. All bidders shall be notified of compliance or non-compliance with the technical specifications. Financial Proposals of non-complying bidders shall be returned unopened.

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3. Immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope (Financial Proposal) of each remaining eligible bidder whose first bid envelope was rated “passed”. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC, the BAC shall rate the bid concerned as “failed”. Only bids that are determined to contain all the bid requirements for both components shall be rated “passed” and shall immediately be considered for evaluation and comparison.

4. The BAC will undertake the detailed evaluation and comparison of bids which have passed the opening and preliminary examination of bids in order to determine the Lowest Calculated Bid.

The Lowest Calculated Bid shall be determined in two steps:

The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and

The ranking of the total bid prices as so calculated from the lowest to the highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid.

5. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award. However, the BAC, through its Secretariat, may ask in writing the bidder for a clarification of its bid. All responses to requests for clarification shall be in writing.

6. Any effort by a bidder to influence the OSP in its decision in respect to bid evaluation, bid comparison or contract award will result in the rejection of the Bidder’s bid.

I. DOCUMENTARY REQUIREMENTS FOR POST-QUALIFICATION

Within three (3) calendar days from receipt by the bidder of the notice from the BAC that

the bidder has the Lowest Calculated Bid, the bidder shall submit the following documentary requirements to the BAC:

a) Tax clearance; b) Latest income and business tax returns; c) Certificate of PhilGEPS Registration; and d) Other appropriate licenses and permits required by law and stated in the Bidding

Documents. Failure to submit the above requirements on time or a finding against the veracity of

such shall be ground for the forfeiture of the bid security and disqualify the bidder for award. In selecting the most advantageous bid, the OSP will consider foremost the compliance

with the technical specifications. A Technical Working Group shall undertake such technical test to determine to its satisfaction the proposal’s full compliance with the specifications contained therein.

J. AWARD OF CONTRACT

The Contract shall be awarded to the responsible bidder whose bid is most responsive and/or deemed most advantageous to the OSP, price and other factors considered. The OSP reserves the right to award the Contract on the basis of any combination of schedules most advantageous to the OSP. The OSP also reserves the right to reject any or all the bids received.

The following factors shall be considered before any decision to issue an award is made: 1. Advantage to the OSP

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2. Price quoted considering the Philippine Flag Law (Commonwealth Act No. 38) and other laws and policies pertinent to procurement or purchases.

3. Quality and kind of equipment offered and conformity with specifications. 4. Reliability of bidders.

Within ten (10) calendar days after the date of receipt of Notice of Award, the successful bidder(s) shall be required to have in the OSP a representative empowered to execute a contract with the OSP and to furnish a Performance Bond. Notarial Fee shall be paid by the successful bidder. K. LOCAL SUPPORT

Bidders shall, upon request of the Technical Working Group, submit the name and address of a firm or entity which will furnish the spare parts and service support for the equipment.

BIDS AND AWARDS COMMITTEE