CONTRACT No. 2014-22PEST CONTROL PREVENTIVE MAINTENANCE ANDCOMPREHENSIVE TERMITE CONTROL TREATMENT

THIS CONTRACT made and entered into by and between the following:

DEPARTMENT OF BUDGET AND MANAGEMENT, a government agencycreated by virtue of the laws of the Republic of the Philippines, withprincipal office address at General Solano St., San Miguel, Manila,represented herein by its Secretary, FLORENCIO B. ABAD, hereinaftercalled the "DBM";

- and -

POWER HOUSE PEST CONTROL SERVICES, a company duly organizedand existing under the laws of the Philippines, with office address at 2422R. Fernandez St., Gagalangin, Tondo, Manila, represented by its Proprietor,ANNA MARIE M. ESCOBER, hereinafter referred to as the "SUPPLIER".

WIT N E SSE T H:

WHEREAS, the DBM conducted a public bidding for the Pest Control PreventiveMaintenance and Comprehensive Termite Control Treatment and the bid of the Supplier isTwo Hundred Eighty Seven Thousand Seven Hundred Seventy Pesos (P287,770.00)(hereinafter called the "Contract Price");

WHEREAS, the Notice of Award was issued to the Supplier on September 22, 2014,and Supplier posted its performance security on September 29, 2014;

NOW, THEREFORE, for and in consideration of the foregoing premises, the partieshereby mutually stipulate and agree as follows:

1. In this Contract, words and expressions shall have the same meanings as arerespectively assigned to them in the General and Special Conditions of Contractreferred to in Annex D and E, respectively.

The following documents shall form and be read and construed as part of thisContract:

Annex ABCDEFG

Bid FormSchedule of RequirementsTechnical SpecificationsGeneral Conditions of ContractSpecial Conditions of ContractNotice of AwardPerformance Security

3. In consideration of the payments to be made by the DBM to the Supplier, theSupplier hereby covenants with the DBM to provide the Goods and Services and toremedy defects therein in conformity with the provisions of the Contract.

4. The DBM hereby covenants to pay the Supplier, in consideration of the provision ofthe Goods and Services and the remedying of defects therein, the Contract Price orsuch other sum as may become payable under the provisions of the contract at thetime and in the manner prescribed by the Contract.

IN WITNESS WHEREOF, the parties hereto have signed this Contract on this I~#lday of~ 2014 at Malacanang, Manila, Philippines.

DEPARTMENT OF BUDGETAND MANAGEMENT

By:

~/r-'---==-_.,.~-----FLORENCIO B. ABADSecretary

soll1~o'I{;;tor,,s

POWERHOUSE PESTCONTROLSERVICES

SIGNED IN THE PRESENCEOF

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)CIT Y 0 F MAN I LA) S.s.

BEFORE ME, a Notary Public for and in the City of "",,",",,\-..A , Philippines on this, •..••'\\\ day of oor . 2014 personally appeared the following:

NAME VALID ID VALID UNTIL

FLORENCIO B. ABAD DBM ID NO. 3706 2014

ANNA MARIE M. ESCOBER 03-9717268-3

known to me to be the same persons who executed the foregoing Contract and whoacknowledged to me that the same is their free and voluntary act and deed and of theentities they respectively represent.

WITNESS MY HAND AND SEAL this \.4 T... day of oc..T . 2014.

This CONTRACT for the Project "Pest Control Preventive Maintenance and ComprehensiveTermite Control Treatment" was signed by the parties and their material witnesses on eachand every page thereof.

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, ,Ao . SION SE I L NO,!O'~ -I (,,b

U' OECEMBER 31, 20--,-'"..y __II NO.• m., La~ LRH 0514f

PTRNO.)O'.>SYnft, •••••,,,,,/M'1/.\\. 10\ 1.01,",_;:I~.h. :ifRVIGF. DB!'A IelD'J. ,. GROUNDFl~,.

"'fN. SOLAti0 SLMALACAiiAN6'WilLA

Doc No So)Page No \-0)Book No iSeries of 2014.

Bid Form

To: {name and address of Procuring Entityl DRP.•.i~T_'~ ~ 0.;.:,1 U lJ ....~~L' ~_ ~) . -"\ ...,'j~L~~'I'c-.6-...t;Rili XL.:.. 10 3'1\, S.t'L~ I leT!" ,1-1.•. :IL.l.

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers '1numbers/. the receipt of which is hereby duly acknowledged, we. the undersigned. offe tothe DBM. our services for the project. "Pest Control Preventive Maintenanc andComprehensive Temtite Control Treatment: in conformity with the said Bidding Doc mentsfor the sum of [total Bid amount in words and figures[.

Particulars Total Cost(ind\uive- of VA11

A. Pest Control Pnventive Maintenance :21,1' JO"'?~S. -,~.'B. Comprehensive Temdte Contl-ot Treatment 79 •.17'7. ,'30

Total (indusinofVAT) r:>p 'R? '7'70.0">

We undertake. if our Bid is accepted. to deliver the goods in accordance with thedelivery schedule specified in the Schedule of Requirements_

Q:'"~O.. TLIDRED kG. "TY.' J...:::LV:J': ~ 0DB.' •.. D ...J~v'~:.. _.. L i/J.L::!J u. ~ -:.. 'J.'I 1" .•d03If 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 BDS provisionfor ITB Clause 18.2 and it shall remain binding upon us and may be accepted at any timebefore the expiration of that period.

Until a formal Contract is prepared and executed, this Bid. together with your writtenacceptance thereof and your Notice of Award. shall be binding upon us,

We understand that you are not bound to accept the lowest or any Bid you may receive.

We certify/confirm that we comply with the eligibility requirements as per ITB Clause5 of the Bidding D u ents.

20~.

GS-~LR: L :"~l._.AC~.ffi/C,'L ~R[in the capacity off

Duly authorized to sign Bid for and on behalf of l-O'dER

58

lEO TRUE [ORSE PEST [(I~Til SERVIl:E5

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Section VI. Schedule of Requirements(Revised)

The delivery schedule expressed as weeks/months stipulates hereafter a delivery date whichis the datc of delivery to the projcct site.

Deliverv Schedule'

Description BuildingsMultiPurposeI, II and III Buildin!!

A. Pest Control Preventive I\laintenance

I. Flying and Crawling Insects/Pests:1.1 Residual insect control pesticide services to eradicate Twice (2) a

nuisance insect nests. month1.2 Spray treatment for cracks and crevices. undersides of Twice (2) a

furniture and anoliances. month

1.3 Misting of hallways, ornamental plants and other Weeklyfacilities. Once (I) a

1.4 Thermal fogging of hallways, ornamental plants and month

other facilities.Monthly

1.5 Placement of insecticidal bait/gel in all pantry, DBMcanteen and Executive Lounge area, all comfort Monthlyroom/stockroom and electrical room areas.

2. Rodents (rals and mice!2.1 Install rodent glue and trip cage traps in locations that

serve as entrY Dointlaccess for rodents.2.2 Install of mapped and numbered pitch-fiber baiting },,"re OJ' }T,"" OJ ,

stations. month month

B. Comprehensive Termite Control Treatment

I. Comprehensive Termite Control Treatment forDBM Not Notexceeding exceedingfifteen (15) fi fleen (15)continuous continuousdays general days genera Itreatment treatment

5

lED TRUE COpy:Sf FEST[[]N TRUt I\'Vi[5"

Deliven'Schedule*

Buildin~sMulti

Description PurposeI, II and III Buildinp

2. General treatment of the infestation inside the building Not Notby injecting tcrmiticide solution in the doorjambs, exceeding exceedingelectrical outlets, panel boards, double walling and seven (7) seven (7)cabinet. continuous continuous

days general days generaltreatment treatment

C. Inspection of Chemicals/Solutions to he Used

In every treatment to be conducted by the Supplier, the chemicals/solutions to be usedshall be subject to prior inspection and approval of the AS-GSD.

D. Reports

Submission of a monthly accomplishment report (for Pest Control PreventiveMaintenance) and quarterly accomplishment report (for Comprehensive Termite ControlTreatmenl) 10 AS-GSD indicaling Iherein Ihe areas Ihal were Ireated, dulyconfirmed/acknowledged by the DBM representative present during the treatment.

*NOTE: THE ACTUAL DATES OF TilE DELIVERY SCHEDULE INDICATEDABOVE SIIALL BE DETERMINED BY THE AS-GSD.

I hereby certify to comply and de ver a

POi'lER Ci,.,:' ~.=S'::' 'JOd:C'RO:GName of Company/Bidder

6

'::;n S/71/ r1!~.Dale

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Section VII. Technical Specifications(Revised)

Bidders must state either "Comply" or "Not Comply" in the column "Statement ofCompliance" against each of the individual parameters of each "Specification"~ Please do notjust place check in the bidder's "Statement of Compliance."

lICor~1=,r11

lEO TRUE COpy;5E PEST CON TR L 5Eli'VJl:E5

IICor!'ply"

Bidder'sStatement ofComnliance

IICon:)J..:,:-I!

Spraying/misting of larvicides areas wbere mosquitoesincludiug adult flies and other small flying insects takerefuge, aod immediate c1eaoing of office furniture andequipment that were affected by the chemicals/solutionsused in spraying/misting.

General survey and thorough inspection of the entirepremises to determine the location of other unforeseenbreeding sites of flying insects.

7

Application of insecticidal bait/gel near harborage andaggregation areas, such as comers of movement,electrical wirings, telephone apparatus, etc. usingadvaoced and delivery system gel abatement.

Application of insecticide in places aod areas whereinsects/pC>l cullgre~ate, crawl and hide including cracksand crevices where they enter as well as undersides offurniture and appliaoces.

'TCo:".inlyllPest control treatment of cockroach, mosquitoes, flies - -and other crawling and flying insect; rat and micecontrol.

1.6

1.5

1.4

1.3

l.l

1.2 Residual Insecticidal Spraying (Thermal" Go r;;ply"FogginglMisting) weekly spray all floor drains atkitchen area, bathrooms, store rooms, conference rooms.ornamental plaots and other areas where drain pose apotential harborage. Must he odorless and uon-staining.

Specitication

I. Pest Control Services

Pest Control Preventive Maintenance in the internal premisesof all DBM buildings (frequency in accordance with theSchedule of Requirements), as follows: Buildings I, II and III,and Multi- Pnrpose Building.

~!Item

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11

A.

!I,),I

:1

ilI

ilIIII

"III

"

i;"'III

IIII~~11

II

il,:1

11

11

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IICO~'T,J.ylt

lICclfply"

"Co~plyll

- 2,880 sq. m. with 230 LMperimeter (approximately 90%concrete)

- 1,256.85 sq. m. with 113 LM

Building II

Building Iperimeter

1.10 Install mechanical rat and mouse traps and glue boardsaround the perimeter area of the building where poisonbaits are not appropriate.

I. 7 Inspection of the entire area most particularly thekitchen area, storerooms, ceilings and other potentialharborage to detenninc the species of pests, their feedinghahits and harborage. To check signs of infestation,including droppings, damages, urine, runs, foot prints,smears, and nests.

1.9 Set up rodentical bait preparation inside the building andsusceptihle harborage for ratslmice. Use anti-coagulantpoison to avoid bait-sbyness and outsmart the sharpinstinct of rats and mice through its slow kill effect.

1.8 Regular inspection of all bait trays and bait stationsinstalled at regular intervals as indicated in the rodentlocation map. This is aimed to determine the "bait totalintake" and to replenish the baits.

1.11 Proper disposal of terminated pests, and mouse traps,Qlueboards and other materials used.

Comprehensive Termite Control Treatment of all coveredareas as follows:

B.

- 2,692 sq. m. with 154.64 LM perimeter(approximately 90% concrete)

Building III

8

1.2 Chemical Termite Barriers/Soil treatment or by baitingsystem of the perimeter area of the building with adistance of 18-20 inches' apart and about 6 inches closeto the external wall of the building. This must includemound demolition, drilling (for cemented areas) and useof soil injectors (for compacted soil). Drilled holes shallbe covered with cement after the treatment. ifnecessarv.

1.1 Thorough inspection of the area to pinpoint termitecolonies, if any.

Multi Purpose Building - 656.4 sq. m. with 102.7 LMperimeter

I, Termite Control Treatment

i!'i!I'I",.I-- +- -

'I

FlED TRUE COpy:USE PEST CDN fRD ERVI[E5

III-

'--..-.

1.3 Treatment of the infestation inside the building by <ICo T1j!J;.' "injecting termiticide solution or baiting system in theaffected areas.

1.4 Treatment of all wooden cabinetry materials, doors, door rt Co:;ri.J:_~:-lIjambs, electrical outlets, panel boards, double walling,windows and the like.

1.5 Treatment of other materials within the buildings as may IIr::c:' ~rlJ.J..lIbe necessary.

1.6 Conduct of quarterly inspection/maintenance services.including immediate re-application of tenniticidesolution or baitin2 system. whenever neceSSaN.

2. One (I) Year Warranty

2.1 The I-year warranty period against termite re-infestationshall commence from the date of issuance of aCertificate of Acceptance by DBM.

IICc mply II

II

II1

- II

W S . h II d uConml""."'u2.2 ithin the warranty period, the upplier s a con uet -'preventive quarterly maintenance services to completelyeradicate termite infestation in all covered areas andundertake spot treatments in case re.infestation occurs.at no extra charge/cost to the DBM.

C. Safety l\1easures in the use of Pesticide and TermiticideChemicals/Solutions

1. Chemicals/solutions to be used by the Supplier must be "Comply"approved by the Fnod and Drug Administration (FDA).

2 Th S I. hall th II h . 1/ I . "CO'll!pJ_yll. e upp ler s ensure at a c emlca s so utlOns to . --be used shall not pose as a health hazard to theoccupants of the building.

3. The Supplier shall follow all safety precautions in theapplication and handling of all pesticide and termiticidechemicals/solutions or baiting system.

4. The Supplier shall ensure that all office areas, including llCo;:ipl:-r11

floorings, walls, office furniture and fIXtures, etc., willhave DO stain marks or droplets of chemicals/solutionsused.

D. Inspection of Chemicals/Sol uti ODS to be Used Il(;O:_lr}_~~l!

In every treatment to be eonducted by the Supplier, thechemicals/solutions to be used shall be subject to prior inspectionand approval of the AS-GSD.

9

lEO TRUE COP Y:SE PEST rON TROL ~V1rF.i

IIi ' "II'

E. Reports II Co L.1.pl~lll

C;/Y;:OlleDate

Specifications.

re Over Printed Name ofRepresentative

Submission of a monthly accomplishment report (for Pest "Comply"Control Preventive Maintenance) and quarterly accomplishmentreport (for Comprehensive Termite Control Treatment) to AS-GSD indicating therein the areas that were treated, dulyconfirmed/acknowledged by the DBM representative presentdurin the treatment

Name of CompanylBidder

10

IFIED TRUE COpy;p IlUSE PEST I:IlN TRtlL EI'VI[E

MENDUZA ES(OBEfi'llIANAIiElU OWNER

General Conditions of Contract1. Definitions

1.1. In this Contract, the following terms shall be interpreted as indicated:

(a) 'The Contract" means the agreement entered into between theProcuring Entity and thc Supplier, as recorded in the Contract Formsigned by the parties, including all attachments and appendices theretoand all documcnts incorporated by reference therein.

(b) "The Contract Price" means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.

(c) "The Goods" means all of the supplies, equipment, machinery, spareparts, other materials and/or general support services which theSupplier is required to provide to the Procuring Entity under theContract.

(d) "The Services" means those services ancillary to the supply of theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision of technicalassistance, training, and other such obligations of the Supplier coveredunder the Contract.

(e) "GCC" means the General Conditions of Contract contained in thisSection.

(I) "SCC" means the Special Conditions of Contract.

(g) "The Procuring Entity" means the organization purchasing the Goods,as named in the Sec.

(h) "The Procuring Entity's country" is the Philippines.

(i) "The Supplier" means the individual contractor, manufacturerdistributor, or timl supplying/manufacturing the Goods and Servicesunder this Contract and named in the sec.

(j) The "Funding Source" means the organization named in the Sec.

(k) 'The Project Site," where applicable, means the place or places namedin the Sec.

(I) "Day" means calendar day.

(m) The "Effective Date" of the contract will be the date of receipt by theSupplier of the Notice to Proceed or the date provided in the Notice toProceed. Performance of all obligations shall be reckoned from theEffective Date of the Contract.

(n) "Verified Report" refers to the report submitted by the ImplementingUnit to the Head of the Procuring Entity setting forth its findings as tothe existence of grounds or causes for termination and explicitly statingits recommendation for the issuance of a Notice to Temlinate.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1. Unless othem;se provided in the see. the Procuring Entity as well as thebidders, contractors. or suppliers shall observe the highest standard of ethicsduring the procurement and execution of this Contract. In pursuance of thispolicy. the Procuring Entity:

(a) defines, for the purposes of this provision, the terms set forth below asfollows:

(i) "corrupt practice" means behavior on the part of officials in thepublic or private sectors by which they improperly andunlawfully enrich themselves. others. or induce others to do so.by misusing the position in which they are placed, and itincludes the offering, giving, receiving, or soliciting ofanything of value to influence the action of any such official inthe procurement process or in contract execution; entering, onbehalf of the Government, into any contract or transactionmanifestly and grossly disadvantageous to the same, whether ornot the public officer profited or will profit thereby. and similaracts as provided in Republic Act 3019.

(ii) "fraudulent practice" means a misrepresentation of facts inorder to influence a procurement proccss or the execution of acontract to the detriment of the Procuring Entity, and includescollusive practices among Bidders (prior to or alier bidsubmission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of thebenefits of free and open competition.

(iii) "collusive practices" means a scheme or arrangement betweentwo or more Bidders, with or without the knowledge of theProcuring Entity. designed to establish bid prices at artificial,non-competitive levels.

(iv) "coercive practices" means harming or threatening to harm,directly or indirectly, persons, or their property to inlluencetheir participation in a procurement process, or affect theexecution of a contract;

(v) "obstructive practice" is

(aa) deliberately destroying, falsifying, altering orconcealing of evidence material to an administrativeproceedings or investigation or making false statementsto investigators in order to materially impede an

administrative proceedings or investigation of theProcuring Entity or any foreign government/foreign orinternational financing institution into allegations of acorrupt, fraudulent, coercive or collusive practice;and/or threatening, harassing or intimidating any partyto prevent it from disclosing its knowledge of mattersrelevant to the administrative proceedings orinvestigation or from pursuing such proceedings orinvestigation; or

(bb) acts intended to materially impede the exercise of theinspection and audit rights of the Procuring Entity orany foreign government/foreign or internationalfinancing institution herein.

(b) will reject a proposal for award if it determines that the Bidderrecommended for award has engaged in any of the practices mentionedin this Clause for purposes of competing for the contract.

2.2. Further the Funding Source, Borrower or Procuring Entity, as appropriate, willseek to impose the maximum civil, administrative and/or criminal penaltiesavailable under the applicable law on individuals and organizations deemed tobe involved with any of the practices mentioned in GCC Clause 2.1 (a).

3. Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Supplier's accounts andrecords relating to the performance of the Supplier and to have them audited byauditors appointed by the Funding Source, if so required by the Funding Source.

4. Governing Law and Language

4.1. This Contract shall be interpreted in accordance with the laws of the Republicof the Philippines.

4.2. This Contract has been executed in the English language, which shall be thebinding and controlling language for all matters relating to the meaning orinterpretation of this Contract. All correspondence and other documentspertaining to this Contract exchanged by the parties shall be written inEnglish.

5. Notices

5.1. Any notice, request, or consent required or permitted to be given or madepursuant to this Contract shall be in writing. Any such not icc. request. orconsent shall be deemed to have been given or made when received by theconcerned party, either in person or through an authorized representative ofthe Party to whom the communication is addressed, or when sent by registeredmail, telex, telegram, or facsimile to such Party at the address specified in theSCC. which shall be effective when delivered and duly received or on thenotice's effective date, whichever is later.

5.2. A Party may change its address for notice hereunder by giving the other Partynotice of such change pursuant to the provisions listed in the see for GCCClause 5.1.

6. Scope of Contract

6.1. The GOODS and Related Services to be provided shall be as specified III

Section VI. Schedule of Requircments.

6.2. This Contract shall include all such items. although not specificallymentioned, that can be reasonably inferred as being required for its completionas if such items were expressly mentioned herein. Any additionalrequirements for the completion of this Contract shall be provided in the Sec.

7. Subcontracting

7.1. Subcontracting of any portion of the Goods, if allowed in the BDS, does notrelieve the Supplier of any liability or obligation under this Contract. TheSupplier will be responsible for the acts, defaults, and negligence of anysubcontractor, its agents, servants or workmen as fully as if these were theSupplier's own acts, defaults, or negligence, or those of its agents, servants orworkmen.

7.2. Subcontractors disclosed and identified during the bidding may be changedduring the implementation of this Contract, subject to compliance with therequired qualifications and the approval of the Procuring Entity.

Procuring Entity's Responsibilities

8.1. Whenever the performance of the obligations in this Contract requires that theSupplier obtain permits, approvals, import, and other licenses from localpublic authorities, the Procuring Entity shall, if so needed by the Supplier,make its best effort to assist the Supplier in complying with such requirementsin a timely and expeditious manner.

8.2. The Procuring Entity shall pay all costs involved in the performance of itsresponsibilities in accordance with GCC Clause 6.

9. Prices

9.1. For the given scope of work in this Contract as awarded, all bid prices areconsidered fixed prices, and therefore not subject to price escalation duringcontract implementation, except under extraordinary circumstances and uponprior approval of the GPPB in accordance with Section 61 of R.A. 9184 andits IRR or except as provided in this Clause.

9.2 Prices charged by the Supplier for Goods delivered and/or services performedunder this Contract shall not vary from the prices quoted by the Supplier in itsbid, with the exception of any change in price resulting from a Change Orderissued in accordance with Gee Clause 29.

10. Payment

10.1. Payments shall be made only upon a certification by the Head of the ProcuringEntity to the effect that the Goods have been rendered or delivered inaccordance with the terms of this Contract and have been duly inspected andaccepted. Except with the prior approval of the President no payment shall bemade for services not yet rendcred or for supplies and materials not yetdelivered under this Contract. Ten percent (10%) of the amount of eachpayment shall be retained by the Procuring Entity to cover the Supplier'swarranty obligations under this Contract as described in GCC Clause 17.

10.2. The Supplier's request(s) for payment shall be made to thc Procuring Entity inwriting, accompanied by an invoice describing, as appropriate, the Goodsdclivered and/or Services performed, and by documents submitted pursuant tothe see provision for GCC Clause 6.2, and upon fulfillment of otherobligations stipulated in this Contract.

10.3. Pursuant to GCC Clause 10.2, payments shall be made promptly by theProcuring Entity, but in no case later than sixty (60) days after submission ofan invoice or claim by the Supplier.

1004. Unless otherwise specified in the see, the currency in which payment ISmade to the Supplier under this Contract shall be in Philippine Pesos.

11. Advance Payment and Terms of Payment

I 1.J. Advance payment shall be made only after prior approval of the President, andshall not exceed fifteen percent (15%) of the Contract amount, unlessotherwise dirccted by the President or in cases allowed under Annex "D" ofRA9l84.

11.2. For Goods supplied from abroad, the terms of payment shall be as follows:

(a) On Contract Signature: Ten percent (10%) of the Contract Price shallbe paid within sixty (60) days from signing of the Contract and uponsubmission of a claim and a bank guarantee for the equivalent amountvalid until the Goods are delivered and in the form provided in SectionVIII. Bidding Forms.

(b) On Delivery: Seventy percent (70%) of the Contract Price shall be paidto the Supplier within sixty (60) days after the date of receipt of theGoods and upon submission of the documents (i) through (vi) specifiedin the see provision on Delivery and Documents.

(c) On Acceptance: The remaining twenty percent (20%) of the ContractPrice shall be paid to the Supplier within sixty (60) days after the dateof submission of the acceptance and inspection certificate for therespective delivery issued by the Procuring Entity's authorizedrepresentative. In the event that no inspection or acceptance certificateis issued by the Procuring Entity's authorized representative withinforty five (45) days of the date shown on the delivery receipt the

Supplier shall have the right to claim payment of the remaining twentypercent (20%) subject to the Procuring Entity's own verification of thereason(s) for the failure to issue documents (vii) and (viii) as describedin the see provision on Delivery and Documents.

11.3. All progress payments shall first be charged against the advance payment untilthe latter has been fully exhausted.

12. Taxes and Duties

The Supplier, whether local or foreign, shall be entirely responsible for all thenecessary taxes, stamp duties, license fees, and other such levies imposed for thecompletion of this Contract.

13. Performance Security

13.1. Within ten (10) calendar days from receipt of the Notice of Award from theProcuring Entity but in no case later than the signing of the contract by bothparties, the successful Bidder shall furnish the performance security in any thefonns prescribed in the ITB Clause 33.2.

13.2. The performance security posted in favor of the Procuring Entity shall beforfeited in the event it is established that the winning bidder is in default inany of its obligations under the contract.

13.3. The performance security shall remain valid until issuance by the ProcuringEntity of the Certificate of Final Acceptance.

13.4. The performance security may be released by the Procuring Entity andreturned to the Supplier after the issuance of the Certificate of FinalAcceptance subject to the following conditions:

(a) There are no pending claims against the Supplier or the surety companyfiled by the Procuring Entity;

(b) The Supplier has no pending claims for labor and materials filed againstit; and

(c) Other terms specified in the Sec.

13.5. In case ofa reduction of the contract value, the Procuring Entity shall allow aproportional reduction in the original performance security, provided that anysuch reduction is more than ten percent (10%) and that the aggregate of suchreductions is not more than fifty percent (50%) of the original performancesecurity.

14. Use of Contract Documents and Information

14.1. The Supplier shall not, except for purposes of performing the obligations inthis Contract, without the Procuring Entity's prior written consent, disclosethis Contract, or any provision thereof, or any specification, plan, drawing,

pattern, sample, or information furnished by or on behalf of the ProcuringEntity. Any such disclosure shall be made in confidence and shall extend onlyas far as may be necessary for purposes of such performance.

14.2. Any document, other than this Contract itself, enumerated in GCC Clause 14.1shall remain the property of the Procuring Entity and shall be returned (allcopies) to the Procuring Entity on completion of the Supplier's performanceunder this Contract if so required by the Procuring Entity.

15. Standards

The Goods provided under this Contract shall conform to the standards mentioned inthe Section VII. Technical Specifications; and, when no applicable standard ismentioned, to the authoritative standards appropriate to the Goods' country of origin.Such standards shall be the latest issued by the institution concerned.

16. Inspection and Tests

16.1. The Procuring Entity or its representative shall have the right to inspect and/orto test the Goods to confirm their confonnity to the Contract specifications atno extra cost to the Procuring Entity. The see and Section VII. TechnicalSpecifications shall specify what inspections and/or tests the Procuring Entityrequires and where they are to be conducted. The Procuring Entity shall notifythe Supplier in writing, in a timely manner, of the identity of anyrepresentatives retained for these purposes.

16.2. If applicable, the inspections and tests may be conducted on the premises ofthe Supplier or its subcontractor(s), at point of delivery, and/or at the goods'final destination. If conducted on the premises of the Supplier or itssubcontractor(s), all reasonable facilities and assistance, including access todrawings and production data, shall be furnished to the inspectors at no charg~to the Procuring Entity.

16.3. The Procuring Entity or its designated representative shall be entitled to attendthe tests and/or inspections referred to in this Clause provided that theProcuring Entity shall bear all of its own costs and expenses incurred inconnection with such attendance including, but not limited to, all traveling andboard and lodging expenses.

16.4. The Procuring Entity may reject any Goods or any part thereof that fail to passany test and/or inspection or do not conform to the specifications. TheSupplier shall either rectify or replace such rejected Goods or parts thereof ormake alterations necessary to meet the specifications at no cost to theProcuring Entity, and shall repeat the test and/or inspection, at no cost to theProcuring Entity, upon giving a notice pursuant to GCC Clause 5.

16.5. The Supplier agrees that neither the execution of a test and/or inspection of theGoods or any part thereof, nor the attendance by the Procuring Entity or itsrepresentative, shall release the Supplier from any warranties or otherobligations under this Contract.

17. Warranty

17.1. The Supplier warrants that the Goods supplied under the Contract arc new,unused, of the most recent or current models, and that they incorporate allrecent improvements in design and materials, except when the technicalspecifications required by the Procuring Entity provides otherwise.

17.2. The Supplier further warrants that all Goods supplied under this Contract shallhave no defect, arising from design, materials, or workmanship or from anyact or omission of the Supplier that may develop under normal use of thesupplied Goods in the conditions prevailing in the country of final destination.

17.3. In order to assure that manufacturing defects shall be corrected by theSupplier, a warranty shall be required from the Supplier for a minimum periodspeci fied in the SCc. The obligation for the warranty shall be covered by, atthe Supplier's option, either retention money in an amount equivalent to atleast ten percent (10%) of every progress payment, or a special bank guaranteeequivalent to at least ten percent (l0%) of the Contract Price or other suchamount if so specified in the SCc. The said amounts shall only be releasedafter the lapse of the warranty period specified in the SCC; provided,however, that the Supplies delivered are free from patent and latent defectsand all the conditions imposed under this Contract have been fully met.

17.4. The Procuring Entity shall promptly notify the Supplier in writing of anyclaims arising under this warranty. Upon receipt of such notice, the Suppliershall, within the period specified in the SCC and with all reasonable speed,repair or replace the defective Goods or parts thereof, without cost to theProcuring Entity.

17.5. If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in GCC Clause 17.4, the Procuring Entity may proceed totake such remedial action as may be necessary, at the Supplier's risk andexpense and without prejudice to any other rights which the Procuring Entitymay have against the Supplier under the Contract and under the applicablelaw.

18. Delays in the Supplier's Performance

18.1. Delivery of the Goods and/or performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the ProcuringEntity in Section VI. Schedule of Requirements.

18.2. If at any time during the performance of this Contract, the Supplier or itsSubcontractor(s) should eneounter conditions impeding timely delivery of theGoods and/or performance of Services, the Supplier shall promptly notify theProcuring Entity in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt of the Supplier's notice, andupon causes provided for under GCC Clause 22, the Procuring Entity shallevaluate the situation and may extend the Supplier's time for perfom1ance, inwhich case the extension shall be ratified by the parties by amendment ofContract.

18.3. Except as provided under GCC Clause 22, a delay by the Supplier in theperformance of its obligations shall render the Supplier liable to the impositionofliquidated damages pursuant to GCC Clause 19, unless an extension of timeis agreed upon pursuant to GCC Clause 29 without the application ofliquidated damages.

19. Liquidated Damages

Subject to GeC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any orall of the Goods andlor to perform the Services within the period(s) specified in thisContract inclusive of duly granted time extensions if any, the Procuring Entity shall,without prejudice to its other remedies under this Contract and under the applicablelaw, deduct from the Contract Price, as liquidated damages, the applicable rate of onetenth (1/10) of one (I) percent of the cost of the unperformed portion for every day ofdelay until actual delivery or performance. The maximum deduction shall be tenpercent (10%) of the amount of contract. Once the maximum is reached, theProcuring Entity shall rescind the Contract pursuant to Gee Clause 23, withoutprejudice to other courses of action and remedies open to it.

20. Settlement of Disputes

20.1. If any dispute or difference of any kind whatsoever shall arise between theProcuring Entity and the Supplier in connection with or arising out of thisContract, the parties shall make every effort to resolve amicably such disputeor difference by mutual consultation.

20.2. If after thirty (30) days, the parties have failed to resolve their dispute ordifference by such mutual consultation, then either the Procuring Entity or theSupplier may give notice to the other party of its intention to commencearbitration, as hereinafter provided, as to the matter in dispute, and noarbitration in respect of this matter may be commenced unless such notice isgIven.

20.3. Any dispute or difference in respect of which a notice of intention tocommence arbitration has been given in accordance with this Clause shall besettled by arbitration. Arbitration may be commenced prior to or afterdelivery of the Goods under this Contract.

20.4. In the case of a dispute between the Procuring Entity and the Supplier, thedispute shall be resolved in accordance with Republic Act 9285 ("R.A.9285"), otherwise known as the "Alternative Dispute Resolution Act of2004."

20.5. Notwithstanding any reference to arbitration herein, the parties shall continueto perform their respective obligations under the Contract unless theyotherwise agree; and the Procuring Entity shall pay the Supplier any moniesdue the Supplier.

21. Liability of the Supplier

21.1. The Supplier's liability under this Contract shall be as provided by the laws ofthe Republic of the Philippines, subject to additional provisions. if any, setforth in the sec.

21.2. Except in cases of criminal negligence or willful misconduct, and in the caseof infringement of patent rights, if applicable, the aggregate liability of theSupplier to the Procuring Entity shall not exceed the total Contract Price,provided that this limitation shall not apply to the cost of repairing orreplacing defectivc equipment.

22. Force Majeure

22.1. The Supplier shall not be liable for forfeiture of its performance security,liquidated damages, or termination for default if and to the extent that its delayin performance or other failure to perform its obligations under the Contract isthe result of ajiJrce majeure.

22.2. For purposes of this Contract the tem1S "force majeure" and "fortuitous event"may be used interchangeably. [n this regard, a fortuitous event or forcemajeure shall be interpreted to mean an event which the Contractor could nothave foreseen, or which though foreseen, was inevitable. It shall not includeordinary unfavorable weather conditions; and any other cause the effects ofwhich could have been avoided with the exercise of reasonable diligence bythe Contractor. Such events may include, but not limited to, acts of theProcuring Entity in its sovereign capacity, wars or revolutions, fires, lloods,epidemics, quarantine restrictions, and freight embargoes.

22.3. If a force majeure situation arises, the Supplier shall promptly notify theProcuring Entity in writing of such condition and the cause thereof. Unlessotherwisc directed by the Procuring Entity in writing, the Supplier shallcontinue to perform its obligations under the Contract as far as is reasonablypractical, and shall seek all reasonable alternative means for performance notprevented by thejiJrce majeure.

23. Termination for Default

23.1. The Procuring Entity shall terminate this Contract for default when any of thefollowing conditions attends its implementation:

(a) Outside of jiJrce majeure, the Supplier fails to deliver or perform anyor all of the Goods within the period(s) specified in the contract, orwithin any extension thereof granted by the Procuring Entity pursuantto a request made by the Supplier prior to the delay, and such failureamounts to at least ten percent {I0%) of the contact price;

(b) As a result of jiJrce majeure, the Supplier is unable to deliver orperform any or all of the Goods, amounting to at least ten percent(lO%) of the contract price, for a period of not less than sixty (60)calendar days after receipt of the notice from the Procuring Entity

stating that the circumstance of force majeure IS deemed to haveceased; or

(c) The Supplier fails to perfornl any other obligation under the Contract.

23.2. In the event the Procuring Entity terminates this Contract in whole or in part,for any of the reasons provided under Gee Clauses 23 to 26; the ProcuringEntity may procure, upon such terms and in such manner as it deemsappropriate, Goods or Services similar to those undelivered, and the Suppliershall be liable to the Procuring Entity for any excess costs for such similarGoods or Services. However, the Supplier shall continue performance of thisContract to the extent not terminated.

23.3. In case the delay in the delivery of the Goods and/or performance of theServices exceeds a time duration equivalent to ten percent (10%) of thespecified contract time plus any time extension duly granted to the Supplier,the Procuring Entity may terminate this Contract, forfeit the Supplier'sperformance security and award the same to a qualified Supplier.

24. Termination for Insolvency

The Procuring Entity shall terminate this Contract if the Supplier is declared bankruptor insolvent as determined with finality by a court of competent jurisdiction. In thisevent, termination will be without compensation to the Supplier, provided that suchtermination will not prejudice or affect any right of action or remedy which hasaccrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

Termination for Convenience

25.1. The Procuring Entity may terminate this Contract, in whole or in part, at anytime for its convenience. The Head of the Procuring Entity may terminate acontract for the convenience of the Government if he has determined theexistence of conditions that make Project Implementation economically,financially or technically impractical and/or unnecessary, such as, but notlimited to, fortuitous event(s) or changes in law and national governmentpolicies.

25.2. The Goods that have been delivered and/or performed or arc ready for deliveryor performance within thirty (30) calendar days after the Supplier's receipt ofNotice to Tenninate shall be accepted by the Procuring Entity at the contractterms and prices. For Goods not yet performed and/or ready for delivery, theProcuring Entity may elect:

(a) to have any portion delivered and/or performed and paid at the contractterms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount forpartially completed and/or performed goods and for materials and partspreviously procured by the Supplier.

25.3. If the Supplier suffers loss in its initial perfomlance of the terminated contract,such as purchase of raw materials for goods specially manufactured for theProcuring Entity which cannot be sold in open market, it shall be allowed torecover partially from this Contract, on a quantum meruit basis. Beforerecovery may be made, the fact of loss must be established under oath by theSupplier to the satisfaction of the Procuring Entity before recovery may bemade.

26. Termination for Unlawful Acts

26.1. The Procuring Entity may terminate this Contract in case it is determinedprima facie that the Supplier has engaged, before or during the implementationof this Contract, in unlawful deeds and behaviors relative to contractacquisition and implementation. Unlawful acts include, but are not limited to,the following:

(a) Corrupt, fraudulent, and coercive practices as defined in ITB Clause3.I(a);

(b) Drawing up or using forged documents;

(c) Using adulterated materials, means or methods, or engaging 111

production contrary to rules of science or the trade; and

(d) Any other act analogous to the foregoing.

Procedures for Termination of Contracts

27.1. The following provisions shall govern the procedures for termination of thisContract:

(a) Upon receipt of a written report of acts or causes which "may constituteground(s) for termination as aforementioned, or upon its own initiative,the Implementing Unit shall, within a period of seven (7) calendardays, verify the existence of such ground(s) and cause the execution ofa Veri tied Report, with all relevant evidence attached;

(b) Upon recommendation by the Implementing Unit, the Head of theProcuring Entity shall temlinate this Contract only by a written noticeto the Supplier conveying the termination of this Contract. The noticeshall state:

(i) that this Contract is being terminated for any of the ground(s)afore-mentioned, and a statement of the acts that constitute theground(s) constituting the same;

(ii) the extent of termination, whether in whole or in part;

(iii) an instruction to the Supplier to show cause as to why thisContract should not be terminated; and

(iv) special instructions of the Procuring Entity, ifany.

(c) The Notice to Tem1inate shall be accompanied by a copy of theVerified Report;

(d) Within a period of seven (7) calendar days from receipt of the Noticeof Termination, the Supplier shall submit to the I-lead of the ProcuringEntity a verified position paper stating why this Contract should not beterminated. If the Supplier fails to show cause after the lapse of theseven (7) day period, either by inaction or by default, the Head of theProcuring Entity shall issue an order tem1inating this Contract;

(e) The Procuring Entity may, at anytime before receipt of the Supplier'sverified position paper described in item (d) above withdraw theNotice to Tem1inate if it is determined that certain items or workssubject of the notice had been completed, delivered, or performedbefore the Supplier's receipt of the notice;

(I) Within a non-extendible period of ten (10) calendar days from receiptof the verified position paper, the Head of the Procuring Entity shalldecide whether or not to terminate this Contract. It shall serve awritten notice to the Supplier of its decision and, unless otherwiseprovided, this Contract is deemed terminated from receipt of theSupplier of the notice of decision. The termination shall only be basedon the ground(s) stated in the Notice to Terminate;

(g) The Head of the Procuring Entity may create a Contract TerminationReview Committee (CTRC) to assist him in the discharge of thisfunction. All decisions recommended by the CTRC shall be subject tothe approval of the Head of the Procuring Entity; and

(h) The Supplier must serve a written notice to the Procuring Entity of itsintention to terminate the contract at least thirty (30) calendar daysbefore its intended termination. The Contract is deemed terminated if itis not resumed in thirty (30) calendar days after the receipt of suehnotice by the Procuring Entity.

28, Assignment of Rights

The Supplier shall not assign his rights or obligations under this Contract, in whole orin part, except with the Procuring Entity's prior written consent.

29. Contract Amendment

Subject to applicable laws, no vanatlOn in or modification of the terms of thisContract shall be made except by written amendment signed by the parties.

O. Application

These General Conditions shall apply to the extent that they are not superseded byprovisions of other parts of this Contract.

Special Conditions of ContractGCC Clause

1.1 (g) The Procuring Entity is the Department of Budget and Management (DBM).

1.1 (i) The Supplier is

Power House Pest Control Services

1.1 (j) The Funding Source is:

The Government of the Philippines (GOP) through the authorized appropriations underthe FY 20!4 General Appropriations Act.

1.1 (k) The Project Site is: Department of Budget and Management. General Solano St., SanMiguel, Manila.

5.! The Procuring Entity's address for Notices is:

Department of Budget and ManagementGeneral Solano St., San Miguel, ManilaTel Nos. (02)735-4902

Contact Person: Director Sofia C. Yanto, Administrative Service

~~

The Supplier's address for Notices is:

2422 R. Fernandez St., Gagalangin,~~

Tondo, Manilas~

~~ ~Contact Person: Anna Marie M. Escober

~6.1~ No further instructions.

6.2 No additional requirements.10.2 No further instructions.

10.4 No further instructions.

13.4 No further instructions.

16.1 In every treatment to be conducted by the Supplier, the chemicals/solutions to be used

.~

shall be subject to prior inspection and approval of the Administrative Service-Genera!Services Division (AS-GSD).

~ 17.3 I-year warranty period against termite re-infestation shall commence from the date of

0S issuance of a Certificate of Acceptance bv DBM.17.4 Within the warranty period, the Supplier shall conduct preventive quarterly

~ maintenance services to completely eradicate termite infestation in all covered areasand undertake spot treatments in case re-infestation occurs, at no extra charge/cost tothe DBM.

21.1 No additional nrovision.

REPUBLIC OF THE PHILIPPINESDEPARTMENT OF BUDGET AND MANAGEMENT

GENERAL SOLANO ST., SAN MIGUEL. MANILA

NOTICE OF AWARD

Septe.ber 22, 201~MS. ANNA MARIE M. ESCOBERProprietorPower House Pest Control services2422 R. Fernandez St., GagalanginTondo, Manila

Dear Ms. Escober:

We are pleased to inform you that the contract for the project, "Pest Control PreventiveMaintenance and Comprehensive Termite Control Treatment," is hereby awarded to yourcompany in the amount Two Hundred Eighty seven Thousand Seven Hundred Seventy Pesos(P287,770.00).

In this regard, you are hereby required to post a performance security in the amount and formstated in Section 39 Republic Act No. 9184 and its Implementing Rules and Regulations withinten (10) calendar days upon receipt of this Notice.

ery truly yours,

•fFLORENCIO B. ABADsecretary;p

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REPUBLIC OF THE PHILIPPINESDEPARTMENT OF BUDGET AND MANAGEMENT

GENERAL SOLANO ST .. SAN MIGUEL, MANILA

NOTICE TO PROCEED

MS. ANNA MARIE M. ESCOBERProprietorPower House Pest Control Services2422 R. Fernandez St., GagalanginTondo, Manila

Dear Ms. Escober:

This is to inform your company that performance of the obligations specified in the attachedContract for the project, Pest Control Preventive Maintenance and Comprehensive TermiteControl Treatment, shall commence upon receipt of this Notice to Proceed.

Very truly yours,

-.l4-==="""'"=--':=:o=-FLORENCIO B. ABADSecretary r::

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