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based direct recording electronic (dre)

1. 10 5 2 2 A discrepancy that adversely Sec VII DRE Technical Specifications Round 2 Page 60 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance affects the understandability maintainability or reliability of the program in a significant manner but does not threaten the integrity of the election 10 5 3 Certification testing of the system to ascertain its compliance with provisions of RA 9369 RA 8436 and COMELEC s Request for Proposal for the Automation of the May 9 2016 Elections and 10 5 4 Successful conduct on of audit on the accuracy functionality and security controls including systems intrusion test to ensure that all security loopholes have been addressed 10 6 PRELAT which stands for Pre election Logic and Accuracy Test which shall be a test of E Day configuration of each machine to be deployed using actual ballot face configuration 10 6 1 The test shall make use of actual e Day ballot face 10 6 2 The test shall include voting of candidates by the operator generation of reports and re zeroing of the EVMs 10 6 3 The test shall include transmission test to the canvassing system of the corresponding Board of Canvassers and to the central server transparency server backup server and web server
2. Specific Reference in Bidder s Bid Supporting Statement of Compliance than the specified number of registered voters for the EVM s configured precinct 36 The DRE system shall allow under voting and abstention in any position to be voted for 36 1 The DRE system shall interpret an under voting as when a mark in the oval for a position is less than the number of seats required for the position 36 2 For statistical purposes the DRE system shall record the number of under votes as the number of the un voted seats in a position 36 3 The DRE system shall interpret an abstention as when there is no vote selection made in a position 36 4 For statistical purposes the DRE system shall record the number of abstentions per position 36 5 Ifthere is only one required seat for an elective position and it was not voted the DRE system shall not statistically count it as an under vote but as an abstention 37 The DRE system shall not allow over voting in a position 38 The DRE system shall generate the EVM statistical report with the following information among others 38 1 The DRE system shall include in its EVM statistical report the demographic information for the precinct Province City municipality post embassy barangay name precinct number or clustered precinct name with the individual precinct numbers Sec VII DRE Technical Specificatio
3. 15 4 Allocation of elective seats for Member House of Representatives and other local elective positions See Comelec Resolution No 9526 dated September 26 2012 Tue 8 04 15 Tue 8 04 15 15 5 Holding of political conventions by political parties to select and nominate official candidates for all elective positions Sec 13 R A 9369 Sat 9 12 15 Sun 10 11 15 15 6 Filing of certificates of candidacy for all elective positions Sec 13 R A 9369 Mon 10 12 15 Fri 10 16 15 15 7 Last day for overseas voters to file application for transfer of registration records from the overseas registry to the local registry Sec 9 R A 10590 as implemented by Art 46 and 49 Comelec Resolution No 9843 dated January 15 2014 Mon 10 12 15 Mon 10 12 15 15 8 Last day to file petition for exclusion of an overseas voter from the National Registry of Overseas Voters NROV Sec 8 R A 10590 as implemented by Art 40 Comelec Resolution No 9843 dated January 15 2014 15 9 Last day for all political parties or coalition of political parties to submit to the Law Department of the Commission the names and specimen signatures of the authorized signatories of their official party nominations See Sec 6 Comelec Reso Mon 10 12 15 Wed 10 14 15 Mon 10 12 15 Wed 10 14 15 15 10 Suspension of registration transfer of registration records validation of registration records etc Sun 10 11
4. Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance accommodate the insertion or provision of Arabic translation of the titles of the offices to be voted for in addition to and immediately below the English titles 15 8 The EMS shall create as many ballot faces as there are cities municipalities and councilor districts for the NLE 16 The EMS shall be capable of maintaining an immutable audit log which shall contain the information for audit purposes 16 1 The EMS audit log shall contain the unique EMS machine ID from which the logged EMS activity or event happened 16 2 The EMS shall record the unique user ID for each EMS user for each audit log entry 16 3 The EMS shall record the specific date and time of the logged event and activity for each audit log entry 16 4 The EMS shall record the specific type of event for each audit log entry such as whether system generated user activity and error occurrence 16 5 The EMS shall record the specific EMS user action or activity while using the system in its audit log including date and time of sign in and sign out and specific access and action done to specific EMS records 16 6 The EMS shall record the specific error messages for errors encountered by the system including system and user errors 17 The EMS shall write its log entries in such a way that they can be eas
5. 25 2 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 unless otherwise allowed in the case of ITB Clause 26 Any effort by a bidder to influence the Procuring Entity in the Procuring Entity s decision in respect of bid evaluation bid comparison or contract award will result in the rejection of the Bidder s bid Clarification of Bids To assist in the evaluation comparison and post qualification of the bids the Procuring Entity may ask in writing any Bidder for a clarification of its bid 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 Procuring Entity shall not be considered Domestic Preference SEC II ITB Page 27 ZZ 21 2 Unless otherwise stated in the BDS the Procuring Entity will grant a margin of preference for the purpose of comparison of bids in accordance with the following a The preference shall be applied when i the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Bidder or ii the lowest bid offered by a non Philippine national is lower than the lowest bid offered by a Domestic Entity b For evaluation purposes the lowest Foreign Bid or the
6. 8 2 8 3 Unless otherwise specified in the BDS the Bidder may subcontract portions of the Goods to an extent as may be approved by the Procuring Entity and stated in the BDS However subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this Project Subcontractors must comply with the eligibility criteria and the documentary requirements specified in the BDS In the event that any subcontractor is found by the Procuring Entity to be ineligible the subcontracting of such portion of the Goods shall be disallowed The Bidder may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation If the Bidder opts SEC II ITB Page 12 to disclose the name of the subcontractor during bid submission the Bidder shall include the required documents as part of the technical component of its bid B Contents of Bidding Documents 9 Pre Bid Conference 10 9 1 a If so specified in the BDS a pre bid conference shall be held at the venue and on the date indicated therein to clarify and address the Bidders questions on the technical and financial components of this Project b The pre bid conference shall be held at least twelve 12 calendar days before the deadline for the submission and receipt of bids If the Procuring Entity determines that by reason of the meth
7. PASSED FAILED PASSED FAILED TECHNICAL COMPONENT For Existing Joint Venture JV JV 1 Authority of each JV member to enter into a JV a For Single Proprietorship Special Power of Attorney SPA issued by the ownership proprietor b For Partnership Partnership resolution issued by the General Partner or President of the Partnership or Duly Notarized Secretary s Certificate c For Corporation Board Resolution or Duly Notarized Secretary s Certificate JV 2 Appointment of authorized representative s signatory ies of each JV member to the JV pursuant to par h Clause 6 2 of Section IL ITB a For Single Proprietorship Special Power of Attorney SPA issued by the ownership proprietor b For Partnership Partnership resolution issued by the General Partner or President of the Partnership or Duly Notarized Secretary s Certificate Page 1 of 6 30 March 2015 Opening of Bids BAC REF NO 02 2014 AES DRE REQUIREMENTS CORPORATION SP PARTNERSHIP JOINT VENTURE PASSED FAILED PASSED FAILED c For Corporation Board Resolution or Duly Notarized Secretary s Certificate JV 3 Joint Venture Agreement duly notarized Clause 12 1 a viii of the BDS JV 4 Board Resolution Duly Notarized Secretary s Certificate of the JV appointing its lead company JV 5 Board Resolution Duly Notarized Secretary s Certificate of the JV
8. the designated sites After the receipt of the machines from the Deployment Service Provider the winning Sec VII DRE Technical Specifications Round 2 Page 64 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance bidder shall conduct post election activities which include Inspection Inventory and Testing based on the timelines under the supervision of the COMELEC The winning bidder shall perform the following 15 1 Turn over to COMELEC all storage devices and supplies and materials retrieved during the conduct of reverse logistics 15 2 Provide the COMELEC with the system for backing up viewing and printing of all files stored in the removable devices for use in case of election protests at no additional cost to COMELEC and 15 3 Provide technical support in this activity 16 The winning bidder shall submit a post election report to the COMELEC on all activities undertaken pertaining to the project one month after e Day 17 The winning bidder shall submit a plan on the conduct of training tests setting up configuration FTS and e Day activities back up closing and other related activities 18 The winning bidder shall provide 18 1 project management support to manage the submitted plan and be specifically responsible for th
9. 3 2 The winning bidder shall submit a certification that all parts and components of the hardware shall be available for three 3 elections 4 The winning bidder shall provide for a system that shall track the movement of the machines 5 The winning bidder shall provide all requirements for the certification by International Certification Entity ICE 5 1 hardware software peripherals Sec VII DRE Technical Specifications Round 2 Page 49 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance documentation consumables and other requirements of all systems without any additional cost to the COMELEC 5 2 all technical support necessary without any additional cost to the COMELEC the services of the ICE shall be borne by the COMELEC 5 3 before and after customization turn over all systems based on the COMELEC timelines to the ICE who shall review the system and conduct functional testing such as but not limited to 5 3 1 All scripts used 5 8 2 System Development Kit SDK of the machine for EVM 5 3 3 All applications 5 3 4 All third party systems 5 3 5 Batch files 5 3 6 Utilities 5 3 7 Circuits Schematics and 5 3 8 All files that make the system operational 6 Source Code shall be submitted by the b
10. 5 6 The EMS shall have election results report format management as a general capability which shall be used in managing all e Day report formats to be generated by the EVM 6 The EMS shall be a single integrated system where all functionalities are made available from one user interface UI only 6 1 The EMS shall completely and fully provide for all election data management Sec VII DRE Technical Specifications Round 2 Page 6 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance requirements from importing or encoding of data to generation of all election configuration files ballot faces passwords and all reports 6 2 The EMS shall not make use of other additional computerized applications or scripts that shall be run from outside of it to execute its data management functionalities The EMS shall use a database management system DBMS that is compatible with the current DBMS of the COMELEC such as Oracle MySQL or MS SQL The EMS shall log all user activities in the system together with the date and time stamp for each 9 The EMS shall be able to execute the following data or record management functionalities based on user access rights privileges 9 1 Based on user access rights and privileges the EMS shall be able to
11. C 1 9 Requirements for the conduct of all trainings and public demonstrations C I 10 Requirements for the conduct of the different tests Hardware Acceptance Test HAT Lab Test Field Test Mock Elections Pre Election Logic and Accuracy Test PreLAT TEC Certification Test Live Transmission Test Final Testing and Sealing FTS and public demonstration C 1 10 1 7 Replacement of All hardware that did not pass the HAT C 1 10 2 First Laboratory Test Second Laboratory Test CRURA Certification that it has already conducted its own internal Quality Control QC and Quality Assurance QA tests on its systems before turnover to COMELEC for Lab Test and that its systems have already passed the same Che Field Test Shite Mock Elections Secun TEC Certification C I 10 6 PreLAT C TITO 7 Final Testing and Sealing C I 11 All materials supplies equipment and support services that shall be used in the conduct of all the above mentioned tests C 1 11 6 Computerized Machine Inventory System C 1 13 Technical Support and Manpower Complement C 1 14 Deployment of all EVMs VVPAT boxes and other AFS equipment and peripherals including all other AES related consumables supplies and materials C I 15 Post election activities which include Inspection Inventory and Testing C 1 16 P
12. C IV 3 3 2 Comprehensive list of frequently asked questions with suggested answers on the use and operation of the system C IV 3 3 3 Such other information materials as may be required by the COMELEC CIV SA Demo units for roadshow C IV 3 5 C V Assistance in the development of Voter education and information website This shall include the delivery of all requirements including hardware software services technical training and communications link which shall be formally turned over to the COMELEC upon the completion of the project Quality Control and Quality Assurance C V 2 Pertinent guidelines and procedures to aid the COMELEC in the crafting and development of Quality Assurance criteria for the evaluation of the various phases and or activities of the Project C V 3 1 Development and implementation of procedures for the measurement and monitoring of the SLAs for the other components of the Project C V 3 2 C V 3 3 Assistance in the regular monitoring of SLA compliance for all components Assistance in the conduct of a 3rd party Stress and Security Testing of all systems C V 3 4 C V 3 4 Assistance in the conduct of a 3 4 party code review of the system Assistance in recommending acceptance and payment for the services or outputs and or the position of penalties where applicable 9 1 Delivery of the VVPAT Boxes Techni
13. Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clauses 12 1 and 12 1 a ii Submission of documents required under ITB Clauses 12 1 a ii to 12 1 a v by any of the joint venture partners constitutes compliance SEC II ITB Page 26 24 7 24 8 25 26 27 A Bidder determined as failed has three 3 calendar days upon written notice or if present at the time of bid opening upon verbal notification within which to file a request or motion for reconsideration with the BAC Provided however that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned Provided further that the BAC shall decide on the request for reconsideration within seven 7 calendar days from receipt thereof If a failed Bidder signifies his intent to file a motion for reconsideration the BAC shall keep the bid envelopes of the said failed Bidder unopened and or duly sealed until such time that the motion for reconsideration or protest has been resolved The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include as a minimum a names of Bidders their bid price bid security findings of preliminary examination and b attendance sheet The BAC members shall sign the abstract of bids as read E Evaluation and Comparison of Bids Process to be Confidential 25 1
14. must be supported by evidence in a Bidder s Bid and cross referenced to that evidence Evidence shall be in the form of manufacturer s un amended sales literature unconditional statements of specification and compliance issued by the manufacturer samples independent test data etc as appropriate A statement that is not supported by evidence or is subsequently found to be contradicted by the evidence presented will render the Bid under evaluation liable for rejection A statement either in the Bidders statement of compliance or the supporting evidence that is found to be false either during Bid evaluation post qualification or the execution of the Contract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subject to the provisions of ITB Clause 3 1 a ii and or GCC Clause 2 1 a ii Statement of MH Compliance T pra REQUIREMENTS SPECIFICATIONS DET UR in Bidder s Bid Comply or Supporting Not Comvly Statement of Py Compliance COMPONENT 1 Election Management System EMS and Precinct Based Direct Recording Electronic DRE Technology 1 The Bidder shall show proof of compliance to the following minimum technical specifications for the required Automated Election System AES for the 2016 National and Local Elections NLE 2 The Bidder s claims of compliance shall be supported by documentary evidence and shall be verified and validated by a product and or syst
15. 11 Local Source Code Review Base Code Fri 5 15 15 Mon 1 25 16 16 1 Local Source Code Review Base Code PCOS Fri 5 15 15 Sat 8 15 15 ACTIVITIES 16 2 Local Source Code Review Base Code OMR amp DRE DATE START Mon 6 15 15 DATE FINISH Sat 8 15 15 16 3 Local Source Code Review after TEC Certification Tue 1 05 16 Mon 1 25 16 12 Release of General Instructions Mon 10 26 15 Mon 10 26 15 13 Mock Election 14 Release of Contingency Plan Sun 11 08 15 Mon 11 23 15 Sun 11 08 15 Mon 11 23 15 15 Preparation and finalization of Project of Precincts POP List of Voters and List of Candidates Tue 3 31 15 Tue 12 15 15 15 1 Last day to file petition for registration under the party list system of representation Sec 5 Comelec Resolution No 9366 dated February 21 2012 15 2 Last day for any party list group duly registered under the party list system of representation desiring to participate in the May 09 2016 National and Local Elections to file Manifestation of Intent to Participate Sec 3 Rule 3 Comelec Res Tue 3 31 15 Thu 4 30 15 Tue 3 31 15 Thu 4 30 15 15 3 Cancellation of registration or delisting of party list groups who failed to participate in the last two preceding elections or failed to obtain at least two per centum 2 of the votes cast under the party list system in the two preceding elec Thu 4 30 15 Thu 4 30 15
16. NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 Section V Special Conditions of Contract GCC Clause 1 1 g The Procuring Entity is the COMMISSION ON ELECTIONS 1 1 i The Supplier is to be inserted at the time of contract award 11 Funding Source The Commission on Elections COMELEC through the General Appropriations Act GAA in the total amount of Thirty One Million Two Hundred Seventy Two Thousand Pesos Php31 272 000 00 inclusive of all taxes 1 1 k The Project Site is THE COMMISSION ON ELECTIONS Palacio del Gobernador Bldg Gen Luna St Intramuros Manila 5 1 The Procuring Entity s address for Notices is COMMISSION ON ELECTIONS c o ATTY HELEN G AGUILA FLORES BAC CHAIRPERSON Commission on Elections 7th Floor Palacio del Gobernador Bldg Intramuros Manila The Supplier s address for Notices is Insert address including name of contact fax and telephone number of the Winning Bidder 6 2 The Supplier shall deliver within the period specified in Section VI Schedule of Requirements the full quantity of the items subject of the contract to the COMMISSION ON ELECTIONS Palacio del Gobernador Gen Luna St Intramuros Manila Risk and title will pass from the Supplier to Commission on Elections upon receipt and final acceptance of the Goods at their final destination Upon deli
17. SEC II ITB Page 4 A General 1 Scope of Bid 1 1 12 The procuring entity named in the BDS hereinafter referred to as the Procuring Entity wishes to receive bids for supply and delivery of the goods as described in Section VII Technical Specifications hereinafter referred to as the Goods The name identification and number of lots specific to this bidding are provided in the BDS The contracting strategy and basis of evaluation of lots is described in ITB Clause 28 2 Source of Funds The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS and in the amount indicated in the BDS It intends to apply part of the funds received for the Project as defined in the BDS to cover eligible payments under the contract 3 Corrupt Fraudulent Collusive and Coercive Practices 3 Unless otherwise specified in the BDS the Procuring Entity as well as the bidders and suppliers shall observe the highest standard of ethics during the procurement and execution of the contract In pursuance of this policy the Procuring Entity a defines for purposes of this provision the terms set forth below as follows i corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves others or induce others to do so by misusing the position in which they are placed and inclu
18. Transmission Log and other Reports 10 2 1 3 13 Report formats test which shall be a test for adherence to COMELEC provided report formats 10 2 1 3 14 Environment tests which shall be a test for the machine s operational capability under the country s average highest Sec VII DRE Technical Specifications Round 2 Page 55 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance recorded temperature and humidity conditions and which shall be conducted with the assistance of DOST 10 2 1 3 15 Print legibility test which shall be a test for the readability or legibility of the reports generated by the proposed system after six 6 years and which shall be conducted with the assistance of DOST and 10 2 1 3 16 Backup and Restore Test which shall be the test to back up results or reports and to restore to its original format the backed up results 10 2 1 3 17 Other tests for the compliance to all other technical specifications as stated in this TOR 10 2 2 The test shall cover an end to end systems integration test for the following functionalities 10 2 2 1 Election data management which shall be a test of the system s capability to manage or prepare election data to be used for the elections 10 2 2 2 Election data configura
19. applications for local registration transfer of registration records correction of entries etc and 2 deactivate voters who failed to have their bi Mon 11 16 15 Mon 11 16 15 15 19 Last day for the Resident Election Registration Boards RERBs to act on all applications for registration certification as overseas voter Sec 3 Comelec Resolution No 9862 dated April 01 2014 Mon 11 16 15 Mon 11 16 15 15 20 Final Project of Precincts POP List of Voters and List of Candidates Thu 11 26 15 Tue 12 15 15 15 21 Last day for OAV Mode of Voting Decision Fri 12 11 15 Fri 12 11 15 15 22 Last day for registered overseas voters to file application for reactivation of registration records Art 52 Comelec Resolution No 9843 dated January 15 2014 Fri 12 11 15 Fri 12 11 15 15 23 Last day for the substitute of a candidate who has withdrawn to file Certificate of Candidacy See Sec 6 Comelec Resolution No 9518 dated September 11 2012 Mon 12 14 15 Mon 12 14 15 15 24 Conduct of raffle of accredited party list groups for purposes of determining the order of their listing in the official ballot See Comelec Resolution No 9467 dated June 15 2012 as amended by Comelec ResolutionNo 9572 dated December 6 20 Mon 12 14 15 Mon 12 14 15 16 Random Manual Audit RMA Thu 10 15 15 Mon 5 09 16 21 1 Constitution of RMA Committee to draft the Rules Thu 10 15 15 T
20. at point of delivery and or at the goods final destination If conducted on the premises of the Supplier or its subcontractor s all reasonable facilities and assistance including access to drawings and production data shall be furnished to the inspectors at no charge to the Procuring Entity The Supplier shall provide the Procuring Entity with results of such inspections and tests The Procuring Entity or its designated representative shall be entitled to attend the tests and or inspections referred to in this Clause provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance including but not limited to all traveling and board and lodging expenses The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and or inspection or do not conform to the specifications The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity and shall SEC IV GCC Page 13 17 16 5 repeat the test and or inspection at no cost to the Procuring Entity upon giving a notice pursuant to GCC Clause 5 The Supplier agrees that neither the execution of a test and or inspection of the Goods or any part thereof nor the attendance by the Procuring Entity or its representative shall release the Supplier from any warranties or other obligatio
21. c the Technical Specifications d the General Conditions of Contract e the Special Conditions of Contract and aS the Entity s Notification of Award 3 In consideration of the payments to be made by the Entity to the Supplier as hereinafter mentioned the Supplier hereby covenants with the Entity to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract 4 The Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein the Contract Price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the contract IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written SEC VIII BIDDING FORMS Page 7 Signed sealed delivered by the for the Entity Signed sealed delivered by the for the Supplier SEC VIII BIDDING FORMS Page 8 Omnibus Sworn Statement ANNEX A REPUBLIC OF THE PHILIPPINES CITY MUNICIPALITY OF S S AFFIDAVIT L 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 s
22. from preparation of configuration to post election including EVM modems back up power supplies or batteries external data storage devices printers and all other equipment and peripherals services consumables and all other related supplies and materials Please refer to the attached Implementa tion Calendar COMELEC Palacio del Gobernador Bldg Intramuros Manila 1 The number of required EVMs is indicated in Annex J EVM Allocation by Polling Center C 1I 1 1 C I 1 2 The settings configuration scripts codes or passwords used All disk images of all servers used in the configuration and in the installation CAII All back up files EMS files EVM files ballot templates and Cl 14 Application and procedures on restoration of back up files and disk images including information on minimum hardware requirements to restore the files C I 3 Warranty for the entire duration of the project for all Components all equipment and software including provision of all software firmware upgrades or replacement of any defective components entire units or systems C I 4 System tracking the movement of the machines C I 5 All requirements for International Certification Entity ICE review functional testing and certification C I 8 Remote and on site technical support in the conduct of source code review by the local interested parties
23. including awarded contracts yet to be started coinciding with the contract for this Project Where K 10 for a contract duration of one year or less 15 for a contract duration of more than one year up to two years and 20 for a contract duration of more than two years The CLC must be at least equal to ten percent 10 of the ABC for this Project If issued by a foreign bank it shall be confirmed or authenticated by a Universal or Commercial Bank In the case of local government units LGUs the Bidder may also submit CLC from other banks certified by the Bangko Sentral ng Pilipinas BSP as authorized to issue such financial instrument 6 Bidder s Responsibilities 6 1 6 2 The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII Bidding Forms as required in ITB Clause 12 1 b iii The Bidder is responsible for the following a Having taken steps to carefully examine all of the Bidding Documents b Having acknowledged all conditions local or otherwise affecting the implementation of the contract c Having made an estimate of the facilities available and needed for the contract to be bid if any SEC II ITB Page 10 6 3 6 4 Having complied with its responsibility to inquire or secure Supplemental Bid Bulletin s as provided under ITB Clause 10 3 Ensuring that it is not blacklisted or barred from bidding by the GOP or a
24. partners officers directors or controlling stockholders of the corporation or the joint venture That they are not related to any incumbent elective city district provincial regional or national official up to the fourth civil degree of consanguinity or affinity Provided that if there is any such relationship the bidder entity may still bid if the concerned partner officer director or controlling stockholder divests himself herself of all his her interest in such partnership corporation or joint venture at least three 3 days prior to the submission of bids 8 Name of Bidder complies with existing labor laws and standards and 9 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 SEC VIII BIDDING FORMS Page 10 d Inquire or secure Supplemental Bid Bulletin s issued for the Name of the Project 10 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 11 Name of Bidder undertakes to comply with all requirements for
25. processing rules volumes performance thresholds etc of the system being described 2 3 System Design Specifications describing the technical methods to build the system including design specifications program specifications data dictionary entity relationships etc 2 4 Training Manuals Sec VII DRE Technical Specifications Round 2 Page 48 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 2 5 Installation Procedures from scratch OS database application third party systems pre requisite requirements configuration 2 6 Technical manuals on administration troubleshooting and repair procedures 2 7 Setting up and securing the network infrastructure 2 8 Test Procedures 2 9 Other Support and Maintenance Manuals and 2 10 Other Standard Documentation The winning bidder shall turn over the final documents above after the final customization of the system 3 The winning bidder shall provide warranty for the entire duration of the project for all Components all equipment and software including provision of all software firmware upgrades or replacement of any defective components entire units or systems 3 1 The bidder shall include in the submission of bid documents the cost of each hardware part of the EVM
26. subject to additional provisions if any set forth in the SCC Except in cases of criminal negligence or willful misconduct and in the case of infringement of patent rights if applicable the aggregate liability of the Supplier to the Procuring Entity shall not exceed the total Contract Price provided that this limitation shall not apply to the cost of repairing or replacing defective equipment 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 SEC IV GCC Page 16 222 223 the extent that the Supplier s delay in performance or other failure to perform its obligations under the Contract is the result of a force majeure For purposes of this Contract the terms force majeure and fortuitous event may be used interchangeably In this regard a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen or which though foreseen was inevitable It shall not include ordinary unfavorable weather conditions and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor Such events may include but not limited to acts of the Procuring Entity in its sovereign capacity wars or revolutions fires floods epidemics quarantine restrictions and freight embargoes If a force majeure situation arises th
27. the Goods delivered and or Services performed and by documents submitted pursuant to the SCC provision for GCC Clause 6 2 and upon fulfillment of other obligations stipulated in this Contract Pursuant to GCC Clause10 2 payments shall be made promptly by the Procuring Entity but in no case later than sixty 60 days after submission of an invoice or claim by the Supplier Unless otherwise provided in the SCC the currency in which payment is made to the Supplier under this Contract shall be in Philippine Pesos Advance Payment and Terms of Payment SEC IV GCC Page 10 12 13 11 1 Advance payment shall be made only after prior approval of the President and shall not exceed fifteen percent 1576 of the Contract amount unless otherwise directed by the President or in cases allowed under Annex D of RA 9184 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 shall be paid within sixty 60 days from signing of the Contract and upon submission of a claim and a bank guarantee for the equivalent amount valid until the Goods are delivered and in the form provided in Section VIII Bidding Forms b On Delivery Seventy percent 70 of the Contract Price shall be paid to the Supplier within sixty 60 days after the date of receipt of the Goods and upon submission of the documents i through vi specified in the SCC provision
28. this Contract and named in the SCC The Funding Source means the organization named in the SCC SEC IV GCC Page 5 k D The Project Site where applicable means the place or places named in the SCC Day means calendar day The Effective Date of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provided in the Notice to Proceed Performance of all obligations shall be reckoned from the Effective Date of the Contract Verified Report refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate 2 Corrupt Fraudulent Collusive and Coercive Practices 2 1 Unless otherwise provided in the SCC the Procuring Entity as well as the bidders contractors or suppliers shall observe the highest standard of ethics during the procurement and execution of this Contract In pursuance of this policy the Procuring Entity a defines for the purposes of this provision the terms set forth below as follows i corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves others or induce others to do so by misusing the position in which they are placed and it includes
29. 13 Documents Comprising the Bid Financial Component 13 1 13 2 Unless otherwise stated in the BDS the financial component of the bid shall contain the following a a Financial Bid Form which includes bid prices and the bill of quantities and the applicable Price Schedules in accordance with ITB Clauses 15 1 and15 4 If the Bidder claims preference as a Domestic Bidder or Domestic Entity a certification from the DTI SEC or CDA issued in accordance with ITB Clause 27 unless otherwise provided in the BDS and Any other document related to the financial component of the bid as stated in the BDS Unless otherwise stated in the BDS all bids that exceed the ABC shall not be accepted SEC II ITB Page 16 14 15 b Unless otherwise indicated in the BDS for foreign funded procurement a ceiling may be applied to bid prices provided the following conditions are met i Bidding Documents are obtainable free of charge on a freely accessible website If payment of Bidding Documents is required by the procuring entity payment could be made upon the submission of bids ii The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality supervision and risk and inflationary factors as well as prevailing market prices associated with the types of works or goods to be procu
30. 25 2 a iv of the IRR of RA 9184 and using the form prescribed in Section VIII of the Philippine Bidding Documents Shall include m 1 The signatory is the duly authorized representative of the prospective bidder and granted full power and authority to do execute and perform any and all acts necessary and or to represent the prospective bidder in the bidding with the duly Page 4 of 6 30 March 2015 Opening of Bids BAC REF NO 02 2014 AES DRE REQUIREMENTS CORPORATION SP PARTNERSHIP JOINT VENTURE PASSED FAILED PASSED FAILED notarized Board Resolution attesting to such fact if the prospective bidder is a corporation partnership cooperative or joint venture m 2 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 m 3 Bach 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 m 4 It is authorizing the Head of the Procuring Entity or his duly authorized representative s to verify all the documents submitted m 5 Disclosure of Relations As per Section II Instructions to Bidders Clause 42 of the Bidding Documents m 6 That they are not r
31. 519 The winning Bidder shall be further required to customize the DRE system in order to be compatible with COMELEC s existing CCS application at no additional cost to the Commission 51 10 The DRE system shall generate an electronic transmission report that shall automatically be generated after the success or failure in part or all of transmission attempts by the EVM and which shall record such transmission status on the report 51 11 For this purpose the Bidder shall submit a written certification or guarantee that all system requirements for customization as Sec VII DRE Technical Specifications Round 2 Page 45 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance stated in the TOR and RA 9369 shall be fully complied with subject to the application of applicable penalties for non compliance 52 All related requirements by the DRE system which are needed to make it fully operational during the entire duration of the project all tests FTS training public demo certification e Day shall be included in the proposal offer including the software and hardware back up power supply external and removable data storage devices paper other supplies printers and other equipment and peripherals services consumables and documenta
32. Fri 6 05 15 4 11 Deployment Fri 5 01 15 Sun 8 30 15 4 12 Unbundled CF Card Main CF Card WORM thermal paper i Button SD Card CF Card Reader USB for CCS and battery if needed Mon 5 04 15 Mon 10 05 15 4 13 Other consummables Mon 6 01 15 Wed 9 30 15 4 14 National Technical Support Center Mon 6 01 15 Wed 9 30 15 4 15 Equipment supplies and materials for Pre LAT Thu 6 04 15 Thu 11 05 15 4 16 EDCVL Printing Wed 7 01 15 Fri 10 30 15 4 2 DRE Wed 10 01 14 Mon 5 18 15 4 3 ERTS Wed 3 04 15 Tue 6 30 15 4 4 Warehousing Wed 3 04 15 Sat 5 30 15 4 5 Voter Verification Tue 3 10 15 Tue 7 07 15 4 6 International Certification Entity Mon 12 01 14 Sat 2 28 15 4 7 Refurbishment of Machines Mon 12 01 14 Sun 3 29 15 4 8 Laptop for CCS with printer Mon 3 02 15 Fri 6 05 15 4 9 Bundled ballot paper including consumables for Mon 3 02 15 Fri 6 05 15 ballot printing and marking pen 5 Systems Customization Development Wed 5 20 15 Tue 9 22 15 6 Testing of systems application software Lab Test Sat 8 15 15 Wed 9 30 15 7 Refurbishment of Existing Machines Mon 3 02 15 Mon 11 30 15 8 Delivery of machines VCM CCS EMS servers printers CS TS BS Website workstations network devices UPS batteries etc Tue 6 02 15 Wed 9 02 15 9 Field Test Activities Sat 10 10 15 Thu 10 22 15 10 TEC Systems Certification Mon 6 01 15 Tue 12 15 15
33. GPPB Resolution No 25 2013 dated August 30 2013 provided it is accompanied by any of the above mentioned forms as enunciated in COMELEC Minute Resolution No 14 0414 dated June 11 2014 FINANCIAL DOCUMENTS Audited Financial Statements AFS stamped received by the Bureau of Internal Revenue BIR or its duly accredited and authorized institutions for the preceding calendar year g 1 Balance Sheet g 2 Income Statement and g 3 Independent Auditor s Report certifying that he she has examined audited the Financial Statements NFCC computation which shall be based only on the current assets and current liabilities submitted to the BIR through Electronic Filing and Payment System EFPS OTHERS i For foreign bidders a Board Resolution designating the local representative or local subsidiary AND b Any proof of acceptance of the designation as local representative or local subsidiary j Conformity with Section VI Schedule of Requirements of the Bidding Documents k Conformity with Section VII Technical Specifications of the Bidding Documents If proposal is the same with the initial technical requirements just put COMPLY l Certification from the Election Authority or Election Management Body that the system has demonstrated capability and has been successfully used in a prior electoral exercise here or abroad m OMNIBUS AFFIDAVIT in accordance with Section
34. Procuring Entity of the pending termination in sufficient time to permit the Procuring Entity to procure needed requirements and li following such termination furnishing at no cost to the Procuring Entity the blueprints drawings and specifications of the spare parts if requested The spare parts required are listed Section VI Schedule of Requirements and the cost thereof are included in the Contract Price The Supplier shall carry sufficient inventories to assure ex stock supply of consumable spares for the Goods for a period of insert here the time period specified If not used insert time period of three times the warranty period Other spare parts and components shall be supplied as promptly as possible but in any case within insert appropriate time period months of placing the order Packaging The Supplier shall provide such packaging of the Goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in this Contract The packaging shall be sufficient to withstand without limitation rough handling during transit and exposure to extreme temperatures salt and precipitation during transit and open storage Packaging case size and weights shall take into consideration where appropriate the remoteness of the GOODS final destination and the absence of heavy handling facilities at all points in transit The packaging marking and document
35. Specific Reference in Bidder s Bid Supporting Statement of Compliance of all levels of technical support which shall be approved by COMELEC two 2 months before its operation 12 3 All technical support and personnel at the NTSC shall sign a NonDisclosure Agreement NDA before the start of NTSC operation 12 4 Verified reports of incorrect handling or answering of queries shall be charged as penalties to the winning bidder 12 5 During FTS and e Day the manner and frequency of reporting of the technicians to the first level hotline operators shall be as follows 12 5 1 Attendance of technical support in the field 12 5 2 Successful installation of machines 12 53 Start of voting in specific precincts 12 5 4 Any irregular condition of the machine before during and after voting 12 5 5 Loss of equipment parts of equipment or peripherals 12 5 6 Closing of voting 12 5 7 Transmission 12 5 8 Packing up and 12 5 9 Pull out 12 6 The NTSC shall be activated twenty 20 days before e Day until fifteen 15 days thereafter particularly for the following activities based on the timelines 12 6 1 Delivery of machines and electronic Sec VII DRE Technical Specifications Round 2 Page 77 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Sup
36. TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL 1ST YEAR 2ND YEAR 3RD YEAR operating system OS 2 for EMS server SW 1 L firewalls routers and 4 other network equipment for EMS power supply including 5 backup and redundant for EMS server 9 data storage devices for HW 1 configuration files data storage devices for ballot faces data storage devices for EMS backup data storage devices for 12 digital certificates and HW 1 security keys data storage device for data storage devices for 16 EMS printers and HW 1 consumables 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 1 of 7 pages DESCRIP ITEM TYPE 3 QTY L P PURCHASE PURCHASE PURCHASE TION 5 TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL 1ST YEAR 2ND YEAR 3RD YEAR 19 EMS supplies and N A 1 materials B Component 1 B EVM 1 EVMs 2 EVM peripherals 3 EVM transmission modem 4 EVM application LT EN LA E GNE el 9 m ad ce system Psa Pewee fe Pee Le EXE other EVM related supplies and materials 12 Hash code extractor 13 Hash code validator pw 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 2 of 7 pages 11 ITEM TYPE PESCRIP qty L P PURCHASE PURCHASE PURCHASE TION 5 TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL 1ST YEAR 2ND YEAR 3RD YEAR data storage devices for source code data storage devices for data st
37. after Comelec Resolution No 9928 dated January 20 2015 Fri 2 06 15 Mon 3 02 15 39 3 Last day to prepare and update CLOV and furnish copies to the PHL embassies consulates and other foreign service establishments abroad Sec 20 R A 10590 as implemented by Art 54 Comelec Resolution Sun 1 10 16 Sun 1 10 16 12 ACTIVITIES No 9843 dated January 15 2014 DATE START DATE FINISH 39 4 Last day to publish the NROV at the website of the Commission and DFA Art 41 Comelec Resolution No 9843 dated January 15 2014 Sun 1 10 16 Sun 1 10 16 39 5 Last day for overseas voters to file applications for correction of entries and change of name in the NROV CLOV or Voters ID Art 43 Comelec Resolution No 9843 dated January 15 2016 Sun 1 10 16 Sun 1 10 16 39 6 Last day to file petition for inclusion of voters in the local list of voters Sec 49 Comelec Resolution No 9853 dated February 19 2014 Mon 1 25 16 Mon 1 25 16 39 7 Last day to file petition for exclusion of voters in the local list of voters Sec 50 Comelec Resolution No 9853 dated February 19 2014 Sat 1 30 16 Sat 1 30 16 39 8 Last day to post the certified and final list of voters Sec 30 R A 8189 Tue 2 09 16 Tue 2 09 16 39 9 Last day for overseas voters to file applications for reinstatement in the NROV Art 42 Comelec Resolution No 9843 dated January 15 2
38. and Regulations IRR of Republic Act RA No 9184 otherwise known as the Government Procurement Reform Act Bidding is open to all interested bidders whether local or foreign subject to the conditions for eligibility provided in the IRR of RA 9184 4 A complete set of Bidding Documents may be acquired by interested Bidders from March 6 2015 to March 30 2015 before the deadline of the submission of bids Mondays to Saturdays from 8 00 am to 5 00 pm at the address below and upon payment of a non refundable fee for the Bidding Documents pursuant to the latest Guidelines issued by the GPPB in the amount of Twenty Five Thousand Pesos Php 25 000 00 Copy of the Bidding Documents may also be downloaded from the website of the Philippine Government Electronic Procurement System Phil GEPS and the COMELEC website 5 The BAC will hold a Pre Bid Conference on March 16 2015 at 10 00 am at the Comelec Session Hall 8th Floor Palacio del Gobernador Bldg Gen Luna cor Postigo Sts Intramuros Manila to discuss Eligibility Requirements and the Technical and Financial Components of this Project However only those interested Bidders who have purchased the Bidding Documents are allowed to raise and submit queries or clarifications regarding the Bidding Documents Submission of Bids shall be on March 30 2015 on or before 9 00 am at the BAC Secretariat Office 7th Floor Palacio del Gobernador Bldg Gen Luna cor Postigo Sts Int
39. bid offered by a non Philippine national shall be increased by fifteen percent 1576 c In the event that i the lowest bid offered by a Domestic Entity does not exceed the lowest Foreign Bid as increased or ii the lowest bid offered by a non Philippine national as increased then the Procuring Entity shall award the contract to the Domestic Bidder Entity at the amount of the lowest Foreign Bid or the bid offered by a non Philippine national as the case may be d Ifthe Domestic Entity Bidder refuses to accept the award of contract at the amount of the Foreign Bid or bid offered by a non Philippine national within two 2 calendar days from receipt of written advice from the BAC the Procuring Entity shall award to the bidder offering the Foreign Bid or the non Philippine national as the case may be subject to post qualification and submission of all the documentary requirements under these Bidding Documents A Bidder may be granted preference as a Domestic Entity subject to the certification from the DTI in case of sole proprietorships SEC in case of partnerships and corporations or CDA in case of cooperatives that the a sole proprietor is a citizen of the Philippines or the partnership corporation cooperative or association is duly organized under the laws of the Philippines with at least seventy five percent 75 of its interest or outstanding capital stock belonging to citizens of the Philippines b habitually
40. by the city or municipality where the principal place of business of the prospective bidder is located or any equivalent document in case of foreign bidders In case of a JV this requirement must be submitted by all the JV partners c Original Certified true copy of valid Tax Clearance per Page 2 of 6 30 March 2015 Opening of Bids BAC REF NO 02 2014 AES DRE REQUIREMENTS CORPORATION JOINT SP PARTNERSHIP VENTURE PASSED FAILED PASSED FAILED Executive Order 398 Series of 2005 In case of a JV this requirement must be submitted by all the JV partners TECHNICAL DOCUMENTS d Sworn Statement of all its on going and completed government and private contracts within the last six 6 years prior to the deadline for the submission and opening of bids including contracts awarded but not yet started if any The statement shall include for each contract the following c 1 name of the contract c 2 date of the contract c 3 kinds of goods services c 4 amount of contract and value of outstanding contracts c 5 date of delivery and c 6 For completed contracts End user s acceptance official receipts or any other competent proof evidencing said contracts e Sworn Statement of the bidder s single largest similar contract completed within six 6 YEARS prior to the deadline for the submission and opening of bids with a val
41. customization as stated in the Terms of Reference IN WITNESS WHEREOF I have hereunto set my hand this _ day of 20 at Philippines Bidder s Representative Authorized Signatory JURAT This form will not apply for WB funded projects SEC VIII BIDDING FORMS Page 11 Bank Guarantee Form for Advance Payment To name and address of PROCURING ENTITY name of Contract Gentlemen and or Ladies In accordance with the payment provision included in the Special Conditions of Contract which amends Clause 10 of the General Conditions of Contract to provide for advance payment name and address of Supplier hereinafter called the Supplier shall deposit with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of amount of guarantee in figures and words We the bank or financial institution as instructed by the Supplier agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely the payment to the PROCURING ENTITY on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier in the amount not exceeding amount of guarantee in figures and words 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 the PROCURIN
42. for by the Supplier and the cost thereof shall be included in the Contract Price Where the Supplier is required under this Contract to transport the Goods to a specified place of destination within the Philippines defined as the Project Site transport to such place of destination in the Philippines including insurance and storage as shall be specified in this Contract shall be arranged by the Supplier and related costs shall be included in the Contract Price Where the Supplier is required under Contract to deliver the Goods CIF CIP or DDP Goods are to be transported on carriers of Philippine registry In the event that no carrier of Philippine registry is available Goods may be shipped by a carrier which is not of Philippine registry provided that the Supplier obtains and presents to the Procuring Entity certification to this effect from the nearest Philippine consulate to the port of dispatch In the event that carriers of Philippine registry are available but their schedule delays the Supplier in its performance of this Contract the period from when the Goods were first ready for shipment and the actual date of shipment the period of delay will be considered force majeure in accordance with GCC Clause 22 The Procuring Entity accepts no liability for the damage of Goods during transit other than those prescribed by INCOTERMS for DDP Deliveries In the case of Goods supplied from within the Philippines or supplied b
43. further instructions 17 4 The period for correction of defects in the warranty period is insert number of days 21 1 All partners to the joint venture shall be jointly and severally liable to the Procuring Entity OF THE Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION VI Schedule of Requirements LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 REF NO Section VI SCHEDULE OF REQUIREMENTS ACTIVITY ITEM DESCRIPTION SCHEDULE OF DELIVERY PLACE OF DELIVERY Election Management System Base Source Code of EMS 410 Electronic Voting Machines EVM B 7 1 Format of the VVPAT B 22 1 Alternative power source B 39 Source Code of Hash extractor and validator code B 40 OS hardening documentation procedure B45 1 B 46 All consumables supplies and materials such as removable storage devices papers and the like which are needed by the system to be operational and which have used in all tests and from before to after e Day including all documentations shall be proposed as purchased and shall all be turned over to COMELEC at no additional cost All hardware software and service requirements necessary to run the AES
44. ge ee Item Description Country Quantity Unit price Cost of local Total price Unit prices per Sales and Total Price of origin EXW per item labor raw EXW per item final other taxes delivered Final material and item destination payable per Destination component cols 4x5 and unit price item if col 8 9 x4 of other Contract is incidental awarded services 4 if ADB JICA and WB funded projects use IFB SEC VIII BIDDING FORMS Page 6 Contract Agreement Form THIS AGREEMENT made the day of 20 between name of PROCURING ENTITY of the Philippines hereinafter called the Entity of the one part and name of Supplier of city and country of Supplier hereinafter called the Supplier of the other part WHEREAS the Entity invited Bids for certain goods and ancillary services viz brief description of goods and services and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of contract price in words and figures hereinafter called the Contract Price NOW THIS AGREEMENT WITNESSETH AS FOLLOWS 1 In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to 2 The following documents shall be deemed to form and be read and construed as part of this Agreement viz a the Bid Form and the Price Schedule submitted by the Bidder b the Schedule of Requirements
45. import create or add new records into it 9 2 Based on user access rights and privileges the EMS shall be able to read display or view and print records 9 3 Based on user access rights and privileges the EMS shall be able to update or edit election data records 9 4 Based on user access rights and privileges the EMS shall be able to delete or remove election data records 95 Based on user access rights and privileges the EMS user shall be able to create EVM configuration files passwords amp usernames ballot faces and other such Sec VII DRE Technical Specifications Round 2 Page 7 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance requirements to be indicated in the Systems Customization Phase 10 The EMS shall enable COMELEC to manage the following election data which shall include the user capability to create retrieve read update and delete CRUD records based on assigned user rights and privileges 10 1 The EMS shall enable COMELEC to manage its election data on geographical sub divisions such as regions provinces cities municipalities and barangays 10 2 The EMS shall enable COMELEC to manage its election data on voting jurisdictions such as legislative districts provincial districts
46. in the regular monitoring of SLA compliance for all components 3 3 Assist in the conduct of a 3rd party Stress and Security Testing of all systems 3 4 Assist in the conduct of a 3rd party code review of the system 3 5 Assist in recommending acceptance and payment for the services or outputs and or the position of penalties where applicable All oher requirements as listed in the TOR shall be complied with by the winning bidder COMPONENT 2 Technical Support Aside from the technical support requirements in all tests activities reverse logistics training and public demonstration the winning bidder shall also provide the needed technical support for FTS and e Day with the following requirements 1 Atleast one 1 qualified technician for every 2 clustered precincts However in polling centers with more than one 1 technician a lead technician shall be designated among them to be the overall technical supervisor for the Sec VII DRE Technical Specifications Round 2 Page 73 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance polling center 1 1 The technician shall have the following minimum qualifications 1 1 1 At least high school graduate 1 1 2 Not over 40 years old 1 1 3 With Information Tech
47. key 41 The DRE system shall be able to print its hash code in all reports to be generated by the machine Sec VII DRE Technical Specifications Round 2 Page 40 Statement of ei Compliance S nese REQUIREMENTS SPECIFICATIONS lo in Bidder s Bid Comply or Supporting NIGE Compl Statement of Py Compliance 42 The DRE system shall allow voting while it is in Open Voting mode 43 The winning Bidder shall provide a separate application which shall be capable of extracting generated hash code for the DRE system and validating the integrity of the same 43 1 The Bidder shall actually demonstrate this hash code extraction and validation during the Systems Evaluation 43 2 The source codes of the hash code extractor and validator for the DRE system shall be turned over to COMELEC before its implementation including proper source code and instructional documentation manuals and training on understanding the same 44 If the system uses a customer off the shelf COTS operating system OS the winning Bidder shall submit an OS hardening procedure documentation which shall be subject to the agreement final approval and modification by COMELEC 45 The bidder shall provide for a separate application that shall allow decryption and printing of each VVPAT and other files and which shall decrypt the files from the media device used at the precinct level VVPAT local ret
48. not exceeding seven 7 calendar days from the date of receipt of the recommendation of the BAC the Head of the Procuring Entity shall approve or disapprove the said recommendation In the case of GOCCs and GFIs the period provided herein shall be fifteen 15 calendar days 30 Reservation Clause 30 1 Notwithstanding the eligibility or post qualification of a Bidder the Procuring Entity 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 that there has been a change in the Bidder s capability to undertake the project from the time it submitted its eligibility requirements Should such review uncover any misrepresentation made in the eligibility and bidding requirements statements or documents or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract SEC II ITB Page 31 30 2 Based on the following grounds the Procuring Entity 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
49. on Delivery and Documents c On Acceptance The remaining twenty percent 20 of the Contract Price shall be paid to the Supplier within sixty 60 days after the date of submission of the acceptance and inspection certificate for the respective delivery issued by the Procuring Entity s authorized representative In the event that no inspection or acceptance certificate is issued by the Procuring Entity s authorized representative within forty five 45 days of the date shown on the delivery receipt the Supplier shall have the right to claim payment of the remaining twenty percent 2076 subject to the Procuring Entity s own verification of the reason s for the failure to issue documents vii and viii as described in the SCC provision on Delivery and Documents 11 3 All progress payments shall first be charged against the advance payment until the latter has been fully exhausted Taxes and Duties The Supplier whether local or foreign shall be entirely responsible for all the necessary taxes stamp duties license fees and other such levies imposed for the completion of this Contract Performance Security SEC IV GCC Page 11 13 1 13 2 13 3 13 4 14 Within ten 10 calendar days from receipt of the Notice of Award from the Procuring Entity but in no case later than the signing of the contract by both parties the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Cla
50. or written in indelible ink and shall be signed by the bidder or its duly authorized representative s All envelopes shall a contain the name of the contract to be bid in capital letters D bear the name and address of the Bidder in capital letters c be addressed to the Procuring Entity s BAC in accordance with ITB Clause 1 1 d bear the specific identification of this bidding process indicated in the ITB Clause 1 2 and e bear a warning DO NOT OPEN BEFORE the date and time for the opening of bids in accordance with ITB Clause 21 If bids are not sealed and marked as required the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid D Submission and Opening of Bids Deadline for Submission of Bids Bids must be received by the Procuring Entity s BAC at the address and on or before the date and time indicated in the BDS Late Bids Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity pursuant to ITB Clause 21 shall be declared Late and shall not be accepted by the Procuring Entity Modification and Withdrawal of Bids SEC II ITB Page 24 23 1 23 2 23 3 23 4 24 The Bidder may modify its bid after it has been submitted provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids The Bidder shall not be al
51. polling center and canvassing centers The bidder shall submit to COMELEC its recruitment and training plans for technicians for approval Replacement of technicians for whatever reasons shall be at the cost of the winning bidder and at no additional cost to the COMELEC The COMELEC has the right to reject and demand replacement of any approved hiree The recruitment and training of technicians shall be monitored by COMELEC The winning bidder shall maintain a pool of reserve trained technicians who can readily be hired and deployed to replace technicians who resign or fail to report for duty The winning bidder within the same day from its knowledge through its field supervisors report by fastest means to the Election Officer the resignation or failure to report for duty of support technicians within the latter s area of jurisdiction The report shall be followed with a written report within twenty four 24 hours from the initial notice 10 No technicians shall be deployed for actual duty by the winning bidder unless he she has undergone the required technical training and has been certified to be qualified to perform the Sec VII DRE Technical Specifications Round 2 Page 75 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance requ
52. reasons provided under GCC Clauses 23 to 26 the Procuring Entity may procure upon such terms and in such manner as it deems appropriate Goods or Services similar to those undelivered and the Supplier shall be liable to the Procuring Entity for any excess costs for such similar Goods or Services However the Supplier shall continue performance of this Contract to the extent not terminated In case the delay in the delivery of the Goods and or performance of the Services exceeds a time duration equivalent to ten percent 10 of the specified contract time plus any time extension duly granted to the Supplier the Procuring Entity may terminate this Contract forfeit the Supplier s performance security and award the same to a qualified Supplier Termination for Insolvency The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction In this event termination will be without compensation to the Supplier provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and or the Supplier Termination for Convenience 25 1 25 2 The Procuring Entity may terminate this Contract in whole or in part at any time for its convenience The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has deter
53. shall be customizable to accommodate the specific location in its UI screens of the generated hash code and the duration of availability for display 212 The EMS shall be able to print this hash code on all reports to be generated by the system Sec VII DRE Technical Specifications Round 2 Page 15 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 213 The winning Bidder shall provide a separate application which shall be capable of extracting the generated hash code for the EMS and validating the integrity of the same 21 3 The source codes of the hash codeextractor and validator for the EMS shall be turned over to COMELEC before its implementation including proper source code and instructional documentation manuals and training on understanding the same 22 The EMS shall have an automatedbuilt in capability to verify whether the touchscreen sensors or push buttons corresponding to the name of the candidate on the ballot display are correct 22 1 The EMS shall be able to handle all lengths of candidate names without truncating the same and display them on the ballot accordingly in a readable manner 23 The EMS shall be able to export the on screen digital ballot face to PDF format and to any format needed for verification purposes 2
54. shall include all such items although not specifically mentioned that can be reasonably inferred as being required for its completion as if such items were expressly mentioned herein Any additional requirements for the completion of this Contract shall be provided in the SCC 7 Subcontracting 7 1 Taz Subcontracting of any portion of the Goods if allowed in the BDS does not relieve the Supplier of any liability or obligation under this Contract The Supplier will be responsible for the acts defaults and negligence of any subcontractor its agents servants or workmen as fully as if these were the Supplier s own acts defaults or negligence or those of its agents servants or workmen Subcontractors disclosed and identified during the bidding may be changed during the implementation of this Contract subject to compliance with the required qualifications and the approval of the Procuring Entity 8 Procuring Entity s Responsibilities 8 1 8 2 Whenever the performance of the obligations in this Contract requires that the Supplier obtain permits approvals import and other licenses from local public authorities the Procuring Entity shall if so needed by the Supplier make its best effort to assist the Supplier in complying with such requirements in a timely and expeditious manner The Procuring Entity shall pay all costs involved in the performance of its responsibilities in accordance with GCC Clause 6 9 P
55. system shall have demonstrated capability which shall be verified and validated in a test environment and shall have been successfully used in a prior electoral exercise here or abroad with a written certification to that fact from the election authority or election management body of the client 51 The DRE system shall have the following minimum customizable functionalities to be Sec VII DRE Technical Specifications Round 2 Page 42 Statement of e Compliance UE CAE REQUIREMENTS SPECIFICATIONS lo in Bidder s Bid Comply or Supporting NIGE Compl Statement of Py Compliance tested and verified during the scheduled systems customization or before the systems acceptance or on the schedule indicated in the requirement 51 1 The DRE system shall be able to display the hash code of the system the date and name of elections system s current date and time and the election configuration details on the EVM s display panel upon system start up 51 1 1 The DRE system shall be able to display the above information on the EVM s display long enough for visual verification purposes For this purpose this duration shall be configurable in the system 51 2 The DRE system shall allow input of the names of the members of the BEI 513 The messages prompts and reports and statistics format of the DRE system shall be in accordance with the COMELEC requirements and shall be s
56. that shall be operational on e Day Sec VII DRE Technical Specifications Round 2 Page 61 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 10 6 3 1 Atleast 10 of the number of EVMs shall be tested using the actual transmission service to be used on e Day 10 7 Final Testing and Sealing FTS which shall be the final readiness test of all systems and machines to be used on e Day using actual machine configuration 10 7 1 The test shall make use of the final trusted built version of the systems that shall be used on e Day 10 7 2 The test shall make use of machines which have already passed the HAT and PRELAT 10 7 3 This shall happen on any day three 3 to seven 7 days before e Day in all voting sites 10 7 4 In case of problems during FTS such as malfunction of the machines error in the configuration or error in the ballot face or other problems the provider shall be responsible of correcting them without additional cost to COMELEC 11 The winning bidder shall provide all materials supplies equipment and support services that shall be used in the conduct of all the above mentioned tests at no additional cost to the COMELEC 11 1 Materials shall include all documentations consumables and test chec
57. the offering giving receiving or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution entering on behalf of the Government into any contract or transaction manifestly and grossly disadvantageous to the same whether or not the public officer profited or will profit thereby and similar acts as provided in Republic Act 3019 ii fraudulent practice means a misrepresentation of facts in order to influence a procurement process or SEC IV GCC Page 6 iii the execution of a contract to the detriment of the Procuring Entity and includes collusive practices among Bidders prior to or after bid submission designed to establish bid prices at artificial non competitive levels and to deprive the Procuring Entity of the benefits of free and open competition collusive practices means a scheme or arrangement between two or more Bidders with or without the knowledge of the Procuring Entity designed to establish bid prices at artificial non competitive levels coercive practices means harming or threatening to harm directly or indirectly persons or their property to influence their participation in a procurement process or affect the execution of a contract obstructive practice is aa deliberately destroying falsifying altering or concealing of evidence material to an administrative proceedings or investigation or makin
58. to ITB Clause32 and the posting of the performance security pursuant to ITB Clause 33 the successful Bidder s bid security will be discharged but in no case later than the bid security validity period as indicated in the ITB Clause18 2 1 4 The bid security may be forfeited SEC II ITB Page 21 a if a Bidder i withdraws its bid during the period of bid validity specified in ITB Clause17 does not accept the correction of errors pursuant to ITB Clause 18 3 b fails to submit the requirements within the prescribed period or a finding against their veracity as stated in ITB Clause 29 2 submission of eligibility requirements containing false information or falsified documents submission of bids that contain false information or falsified documents or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding allowing the use of one s name or using the name of another for purposes of public bidding withdrawal of a bid or refusal to accept an award or enter into contract with the Government without justifiable cause after the Bidder had been adjudged as having submitted the Lowest Calculated and Responsive Bid refusal or failure to post the required performance security within the prescribed time refusal to clarify or validate in writing its bid during post qualification within a period of seven 7 calen
59. use of unique username ID with PIN password and the assigned physical security device 33 In case of implementation of Public Key Infrastructure PKI the DRE System shall be capable to authenticate from a pool of at least five 5 BEI members for each precinct as indicated in the EMS configuration and to digitally sign the precinct results before printing the ER and transmitting the same to the designated destination 34 The DRE system shall be capable of zeroing out its result count storage which shall erase all previous counts in it 34 1 The DRE system shall be able to generate an Initialization Report after this zeroing out to show that no votes have been cast or counted 34 2 The DRE system s re zero function shall permanently delete all files created during the counting including all VVPAT files except for the audit log report 343 The DRE system shall require the number of configuration specified BEI members including the required user ID and unique password for the designated EVM before executing the re zero function 34 4 The DRE system s re zero function shall only be used in as many times as the configuration specified number of times for the same 35 The DRE system shall not allow voting of more Sec VII DRE Technical Specifications Round 2 Page 38 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply
60. where the cost of the awarded contract is affected by any applicable new laws ordinances regulations or other acts of the GOP promulgated after the date of bid opening a contract price adjustment shall be made or appropriate relief shall be applied on a no loss no gain basis 16 Bid Currencies 16 1 Prices shall be quoted in the following currencies a For Goods that the Bidder will supply from within the Philippines the prices shall be quoted in Philippine Pesos b For Goods that the Bidder will supply from outside the Philippines the prices may be quoted in the currency ies stated in the BDS However for purposes of bid evaluation bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening SEC II ITB Page 19 16 2 If so allowed in accordance with ITB Clause16 1 the Procuring Entity for purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates 16 3 Unless otherwise specified in the BDS payment of the contract price shall be made in Philippine Pesos 17 Bid Validity 17 1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty 120 calendar days from the date of the opening of bids 17 2 In excep
61. 014 Tue 2 09 16 Tue 2 09 16 39 10 Campaign period for candidates for President Vice President and Senators Sec 5 R A 7166 Tue 2 09 16 Sat 5 07 16 39 11 Campaign period for party list groups participating in the party list system of representation Sec 4 R A 7941 Tue 2 09 16 Sat 5 07 16 39 12 Last day to file Petition for accreditation for the purpose of determining the dominant majority party dominant minority party 10 major national parties and two major local parties in connection with the May 9 NLE Ref Comelec Resolution No 9611 dated January 15 2013 Fri 2 12 16 Fri 2 12 16 39 13 Last day to file applications to avail of local absentee voting Mon 3 07 16 Mon 3 07 16 39 14 Last day to receive accomplished applications forms for local absentee voting Sec 7 b Comelec Resolution No 9637 dated February 13 2013 NOT LATER THAN MARCH 10 2016 39 15 Issuance or sending of notices of inspection and verification of completeness of the book of voters Sec 31 R A 8189 Thu 3 10 16 Thu 3 10 16 Thu 3 10 16 Thu 3 24 16 39 16 Inspection verification and sealing of the Fri 3 25 16 Sat 4 09 16 precinct book of voters Sec 31 R A 8189 39 17 Last day to file petition request for transfer of Fri 3 25 16 Fri 3 25 16 voting center polling center Sec 153 OEC 39 18 Campaign period for candidates for Member Fri 3 25 16 Sat 5 07 16 Ho
62. 1 The EMS shall also be capable of managing pre election configuration data by direct entry 11 2 The EMS shall have a built in functionality for verification and validation of the integrity and accuracy of data before allowing data import 11 3 The EMS shall have a reporting functionality to display the generated results of the data verification and validation after data import 12 The EMS shall allow for the user configuration of the following information 12 1 The EMS shall allow for the user configuration of the number of security keys or users needed to access the functionalities of EVM 12 2 12 3 The EMS shall allow for the user configuration of the transmission destination of election results for each position in the EVM The EMS shall be capable of enabling or disabling the functionality of locking the Sec VII DRE Technical Specifications Round 2 Page 10 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance EVM after the set timeout period for voting has lapsed 13 1 13 2 13 The EMS shall provide functionality for the creation of report templates for use in the reports to be generated by the EVM such as the Initialization Report the Election Returns ER the EVM Statistical Report the Electronic Transmission
63. 14 Tracking System HW equipment Machine Movement Tracking System HW peripherals 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 4 of 7 pages ITEM TYPE PESCRIP qty L P PURCHASE PURCHASE PURCHASE TION 5 TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL EE YEAR EE YEAR EN YEAR Machine Movement 16 Tracking System consumables 7 ICE Certification software requirements ICE Certification hardware requirements requiremetns ICE Certification 20 documentation N A requirements ICE Certification 21 consumables N A requirements ICE Certification supplies 22 and materials N A requirements 3 ICE Certification source SW code requirement data storage device for ICE Source pede ee ee ee system n Ma DERE sai ll li Lb Lo Lp Lb Lb eee system waing 1 dl Lb l p b bo bo boa training training and re training 3 of trainers and certifiers N A training program for BEI 5 and RMAT N A 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 5 of 7 pages DESCRIP ITEM TYPE QTY L P PURCHASE PURCHASE PURCHASE TION 5 TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL OPTION FOR TAX TOTAL 1ST YEAR 2ND YEAR 3RD YEAR Support training ballots 6 consumables manuals materials proposals on risk management program 2 proposals on bacl up plan N A in case of systems failure plan on proposed change 1 management serv
64. 15 Thu 10 15 15 15 11 Submission of Certificate of Candidacy to Law Mon 10 19 15 Mon 10 19 15 Department 15 12 Last day of Registration Sat 10 31 15 Sat 10 31 15 15 13 PCVL Supplies and Consummables Readiness Sat 10 31 15 Sat 10 31 15 10 ACTIVITIES 15 14 Last day for registered overseas voters who transfer residences from one place to another within the same post and country to update their addresses Art 45 Comelec Resolution No 9843 dated January 15 2014 DATE START Sat 10 31 15 DATE FINISH Sat 10 31 15 15 15 Last day for local voters to file applications for registration transfer of registration records reactivation correction of entries validation etc Sec 2 Resolution No 9853 dated February 19 2014 Sat 10 31 15 Sat 10 31 15 15 16 Last day for overseas Filipinos to file 1 Notice of Change of Address to Another Post Pending Approval Disapproval of Their Applications for Registration Certification or 2 Withdrawal of pending applications Sat 10 31 15 Sat 10 31 15 15 17 Last day for registered overseas voters to file applications for transfer of registration records from one Post to another or from one country to another belonging to the same Post Sec 9 R A 10590 as implemented by Art 47 Comelec Reso Sat 10 31 15 Sat 10 31 15 15 18 Last quarterly meeting of the Election Registration Boards ERBs to 1 approved dispprove
65. 15 Opening of Bids BAC REF NO 02 2014 AES DRE CORPORATION JOINT REQUIREMENTS SP PARTNERSHIP VENTURE PASSED FAILED PASSED FAILED Checked by Remarks Page 6 of 6 30 March 2015 Opening of Bids BAC REF NO 02 2014 AES DRE 1 All On going PRIVATE Contracts including Contracts awarded but not yet started if any Bidder s Company Letterhead STATEMENT OF ALL ONGOING AND COMPLETED CONTRACTS WITHIN THE LAST FIVE 5 YEARS ANNEX B VALUE OF OUTSTANDING DATE OF DELIVERY DATE OF END USER S CONTRACTS ACCEPTANCE OR OFFICIAL NAME OF THE CONTRACT DATE OF THE CONTRACT KINDS OF GOODS SERVICES AMOUNT OF CONTRACT RECEIPT 0 R DATE AND O R NUMBER ISSUED FOR THE CONTRACT 2 All On going GOVERNMENT Contracts including Contracts awarded but not yet started if any VALUE OF OUTSTANDING DATE OF DELIVERY DATE OF END USER S CONTRACTS ACCEPTANCE OR OFFICIAL NAME OF THE CONTRACT DATE OF THE CONTRACT KINDS OF GOODS SERVICES AMOUNT OF CONTRACT RECEIPT 0 R DATE AND O R NUMBER ISSUED FOR THE CONTRACT 3 All CompletedPRIVATEContracts DATE OF DELIVERY DATE OF END USER S ACCEPTANCE OR OFFICIAL NAME OF THE CONTRACT DATE OF THE CONTRACT KINDS OF GOODS SERVICES AMOUNT OF CONTRACT RECEIPT O R DATE AND O R NUMBER ISSUED FOR THE CONTRACT 4 All CompletedGOVERNMENT Cont
66. 4 Conflict of Interest 4 1 All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand without prejudice to the imposition of appropriate administrative civil and criminal sanctions A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs a through c below and a general conflict of interest in any of the circumstances set out in paragraphs d through f below a A Bidder has controlling shareholders in common with another Bidder b A Bidder receives or has received any direct or indirect subsidy from any other Bidder c A Bidder has the same legal representative as that of another Bidder for purposes of this bid d A Bidder has a relationship directly or through third parties that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process This will include a firm or an organization who lends or temporarily seconds its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project SEC II ITB Page 7 4 2 e A Bidder submits more than one bid in this bidding process However this does not limit the part
67. 4 The EMS shall be capable of automatically generating on screen digital ballot designs with the following required features 24 1 The EMS shall enable the inclusion of the Seal of the Republic of the Philippines on the on screen digital ballot design 24 2 The EMS shall enable the inclusion of the date and title of the elections on the on screen digital ballot design Sec VII DRE Technical Specifications Round 2 Page 16 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 243 The EMS shall enable the inclusion of the positions and names of the candidates on the on screen digital ballot design 24 4 The EMS shall enable the inclusion of the information that shall identify the ballot jurisdiction codes and its ballot code on the on screen digital ballot design 24 5 The EMS shall be able to handle all candidate names of a position in one display without truncating the same 24 5 1 For this purpose the EMS may make use of a scrollable long page for the EVM 25 The EMS shall be capable of managing pre election configuration data by importing the following data from COMELEC s current EMS COMELEC EMS 25 1 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on geographic
68. AC 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 Letters of withdrawal shall be read out and recorded during bid opening and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened If the withdrawing Bidder s representative is in attendance the original bid and all copies thereof shall be returned to the representative during the bid opening If the representative is not in attendance the bid shall be returned unopened by registered mail The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal subject to appropriate administrative sanctions If a Bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above enumerated Class A Documents the said certification may be submitted in lieu of the requirements enumerated in ITB Clause 12 1 a items i to v In the case of an eligible foreign Bidder as described in ITB Clause 5 the Class A Documents described in ITB Clause 12 1 a 12 1 may be substituted with the appropriate equivalent documents if any issued by the country of the foreign Bidder concerned
69. ARKING OF BIDS wo Envelope System TECHNICAL COMPONENT Eligibslty and Technics FINANCIAL COMPONENT 21 The address for submission of bids is BAC SECRETARIAT OFFICE 7th Floor Palacio del Gobernador Bldg Gen Luna cor Postigo Sts Intramuros Manila The deadline for submission of bids is on March 30 2015 9 00 o clock in the morning 24 1 The place of bid opening is COMELEC SESSION HALL 8th Floor Palacio del Gobernador Bldg Gen Luna cor Postigo Sts Intramuros Manila The date and time of bid opening is on March 30 2015 10 00 o clock in the morning No further instructions No further instructions The goods are grouped in a single lot and the lot shall not be divided into sub lots for the purpose of bidding evaluation post qualification and contract award The BAC shall determine the Lowest Calculated Bid based on the Lease Price If upon computation the total Lease Price plus the total Option to Purchase Price exceed the ABC the bid shall be treated as non responsive and the bidder shall be automatically disqualified 28 3 b Bid modification and withdrawal of bids shall be allowed only before the deadline for submission Bid modification based on the arithmetical corrections is allowed All the required documents shall be subject to actual validation during post qualification Non compliance with the requirements shall be a ground for th
70. BC Bidder is required to submit an offer comprising of Lease Price and Option to Purchase Price The Option to Purchase Price shall not exceed as follows a 50 of the lease price of the equipment hardware and software if OTP is exercised during the period January 1 2017 to December 31 2017 1 year b 40 of the lease price of the equipment hardware and software if OTP is exercised during the period January 1 2018 to December 31 2018 2rd year and c 3076 of the lease price of the equipment hardware and software if OTP is exercised during the period January 1 2019 to December 31 2019 3rd year Any offer exceeding the OTP price range shall be treated as non responsive and the bidder shall be automatically disqualified Likewise any bid Lease Price plus Option to Purchase Price that exceeds the total amount of the ABC shall be treated as non responsive and the bidder shall be automatically disqualified Incidental services are those which were provided under Clause 6 2 of Section V Special Conditions of Contract No further instructions Bid Prices shall be fixed Adjustable price proposals shall be treated as non responsive and shall be rejected Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines and upon the recommendation of COMELEC No further inst
71. Bid security in the form amount and validity in accordance with Clause 18 1 of the BDS III FINANCIAL DOCUMENTS G Audited Financial Statements AFS stamped received by the Bureau of Internal Revenue BIR or its duly accredited and authorized institutions for the preceding calendar year which should not be earlier than two 2 years from bid submission and which shall include the following 1 Balance Sheet 2 Income Statement and 3 Independent Auditor s Report certifying that he she has examined audited the financial statement For foreign bidders its equivalent document provided that the same is in accordance with International Financial Reporting Standards Net Financial Contracting Capacity NFCC reflecting actual computation which shall be based on the current assets and current liabilities submitted to the BIR through Electronic Filing and Payment System EFPS pursuant to GPPB Resolution No 20 2013 dated July 30 2013 and reiterated in COMELEC Minute Resolution No 14 0466 dated June 25 2014 TAB CLASS B ELIGIBILITY REQUIREMENTS Valid Joint Venture Agreement JVA in case the Joint Venture is already in existence at the time of the submission and opening of bids OR duly notarized statements from all potential joint venture partners stating that they will enter into and abide by the provisions of the JVA if the bid is successful J I
72. CHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 SEC VIII BIDDING FORMS Page 2 Bid Form Date Invitation to Bid Ne To name and address of Procuring Entity Gentlemen and or Ladies Having examined the Bidding Documents including Bid Bulletin Numbers insert numbers the receipt of which is hereby duly acknowledged we the undersigned offer to supply deliver perform description of the Goods in conformity with the said Bidding Documents for the sum of total Bid amount in words and figures or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Bid We undertake if our Bid is accepted to deliver the goods in accordance with the delivery schedule specified in the 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 BDS provision for ITB Clause 18 2 and it shall remain binding upon us and may be accepted at any time before the expiration of that period Commissions or gratuities if any paid or to be paid by us to agents relating to this Bid and to contract execution if we are awarded
73. CONTRACT CERTIFIED CORRECT Name amp Signature of Authorized Representative Position Date SAMPLE JURAT FOR NOTARIZATION SUBSCRIBED AND SWORN to before me this day of in affiant exhibiting to me his her government issued identification in the form of issued on at and valid until as competent evidence of identity Doc No __ Page No Book No Series of Second Competitive Bidding for the Lease With Option to Purchase of Election Management System EMS and Precinct Based Direct Recording Electronic DRE Technology Reference No BAC 02 2014 AES DRE 2016NLE AUTOMATION PROJECT FINANCIAL PROPOSAL OVERALL SUMMARY TOTAL PURCHASE TOTAL COST FOR TOTAL PURCHASE TOTAL COST FOR TOTAL PURCHASE TOTAL COST FOR 3RD ITEM TOTAL LEASE BID OPTION COST FOR 1ST YEAR Lease OPTION COST FOR 2ND YEAR d rues OPTION COST FOR YEAR Lease Purchase p YEAR MANN Option for YEAR RUN Purchase Option p YEAR aa for 3rd year COMPONENT 1 DRE VOTING MACHINES 1 DRE VOTING MACHINES 30 730 000 00 750 000 of COMPONENT 2 TECHNICAL SUPPORT VR NENNT BIDDER Signed for the Bidder Signature Above Printed Name Designation Date FINANCIAL PROPOSAL BREAKDOWN COMPONENT 1 PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY WITH ELECTION MANAGEMENT SYSTEM EMS AND OTHER RELATED REQUIREMENTS LEASE BID PURCHASE OPTION PRICE ITEM TYPE PESCRIP qty L P PURCHASE PURCHASE PURCHASE TION 5 TAX TOTAL OPTION FOR TAX
74. G ENTITY 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 remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until date Yours truly Signature and seal of the Guarantors name of bank or financial institution address date ANNEX A Commission on Elections BIDS AND AWARDS COMMITTEE BAC LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE Opening of Bids 30 March 2015 ELIGIBLE INELIGIBLE Name of Bidder Name of Authorized Representative s Complete Address Contact Number INSTRUCTION The following documents shall be submitted in Original Certified True Copies and three 3 photocopies marked as COPY 1 COPY 2 and COPY 3 The original copies certified true copy of TECHNICAL including ELIGIBILITY DOCUMENTS FIRST ENVELOPE and original copies certified true copies of the FINANCIAL COMPONENT SECOND ENVELOPE shall be placed in a MOTHER ENVELOPE For the sealing and marking of envelopes please refer to the attached Illustration in the Bid Data Sheet CORPORATION JOINT REQUIREMENTS SP PARTNERSHIP VENTURE
75. Lease with Option to Purchase of Election Management System EMS and Precinct Based Direct Recording Flectronic DRE Technology for the 2016 National and Local Elections with the total Approved Budget for the Contract ABC of Thirty One Million Two Hundred Seventy Two Thousand Pesos Php31 272 000 00 inclusive of all taxes such as but not limited to value added tax VAT income tax local taxes and other fiscal levies broken down as follows COMPONENT QUANTITY TOTAL 1 Voting 410 units Machines Php 30 750 000 00 2 Technical 30 Technicians Php 522 000 00 Support Polling Center 28 Technicians National Technical Support Center Approved Budget for the Contract ABC Php 31 272 000 00 Bids Lease Price plus Option to Purchase Price received in excess of the ABC shall be automatically rejected at bid opening Bidders should have completed within SIX 6 years from the date of submission and receipt of bids a contract similar to the 3 Project The description of an eligible bidder is contained in the Bidding Documents particularly in Section II Instructions to Bidders The Precinct Based Direct Recording Electronic DRE Technology offered by the bidder must have been successfully used in a prior electoral exercise here and or abroad Bidding will be conducted through open competitive bidding procedures using a non discretionary pass fail criterion as specified in the Implementing Rules
76. M e Day files for the 1 audit log 2 election returns ER 3 VVPAT images and 4 statistical report 27 5 The DRE system shall be able to create and save the print file reports of the EVM e Day files of the 1 ER 2 audit log 3 statistical report and 4 hash code generated for election results 28 The DRE system shall be able to transmit using the designated transmission service encrypted and digitally signed election results files from the EVM to the destinations as set in the configuration 28 1 The DRE system shall be able to transmit election results from the EVM to the EMS configured destinations such as the City Municipal post or embassy BOC the central server and the transparency server 29 The DRE system shall be capable of creating a back up copy of all EVM e Day data files to a removable storage device including the election results file the audit log file the Sec VII DRE Technical Specifications Round 2 Page 36 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance statistical report file and the image files of the VVPAT to a removable storage medium 30 The DRE system shall be capable of creating a back up of all data files which can be used for manual upload in the COMELEC CCS in case of failure of
77. N IV General Conditions of Contract LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 SEC IV GCC Page 2 TABLE OF CONTENTS DEFINITIONS e 4 CORRUPT FRAUDULENT COLLUSIVE AND COERCIVE PRACTICES i orar unn T n ea edam RN DS E ER 5 3 INSPECTION AND AUDIT BY THE FUNDING SOURCE e eeeeeeene 7 4 GOVERNING LAW AND LANGUAGE eeeeesee sees sese seta os esto sese tese ee enae seno 7 B NOTICES idi ipn delete eds IU pcd a od ee PEE DOE va o UV REVO QUA Vo IS PERO Dos 7 6 SCOPE OF CONTRAGE i duiseusieten areira srete so Desi ei Meses de Ode prse aiaa 8 Jv SUBCONTRACTING c rei dur ini to UII ieu Pa tei ee eds a teoer Srt esson e I DER ossia 8 8 PROCURING ENTITY S RESPONSIBILITIES eee eee eee ee eene tn et tn seen sene 8 Din PRICES t Erb ETUR I 8 10 PAYMENT 2ieicosse pete e Oen edes nena ea iE SEa X Ce D ieat 9 11 ADVANCE PAYMENT AND TERMS OF PAYMENT ee esee eee eee en eene enun 9 12 TAXES AND DUTIES 5osisloasitesit vibe sineset atase eiie uva veo assi Dur VIL anna 10 19 PERFORMANCE SECURITY 2 5 rietio Ie seabenus ee eue dau agi R peer erae De Ma e PvP TRUE 10 14 USE OF CONTRACT DOCUMENTS AND INFORMATION ee esee ee eene 11 SM ip Vis M 12 16 INSPEC
78. ONS BAC Reference No 02 2014 AES DRE 21 Funding Source The Commission on Elections COMELEC through the General Appropriations Act GAA in the total amount of Thirty One Million Two Hundred Seventy Two Thousand Pesos Php31 272 000 00 inclusive of all taxes broken down as follows COMPONENT QUANTITY TOTAL 1 Voting 410 units Machines Php 30 750 000 00 2 Technical 30 Technicians Php 522 000 00 Support Polling Center 28 Technicians National Technical Support Center Approved Budget for the Php 31 272 000 00 Contract ABC The name of the Project is Lease with Option to Purchase of Election Management System EMS and Precinct Based Direct Recording Electronic DRE Technology for the 2016 National and Local Elections 5 1 No further instructions 5 2 In order to prevent restraint or monopoly of trade Foreign Bidders may be eligible to participate provided that they shall appoint a reputable local representative or local subsidiary in the Philippines 5 4 The bidder must have completed within six 6 years prior to the deadline for the submission and opening of bids including contracts awarded but not yet started if any a single similar contract with a value of FIFTY PERCENT 50 of the ABC For this purpose similar contracts shall refer to contracts for the lease supply and delivery or refurbishment repair of Election Management S
79. Report and the EVM Audit Log Report The EMS shall provide functionality for the management of the EVM report templates which shall include among others the modification of the title of report and the following report management functionalities The EMS shall also allow for the option to import report templates from MSWord files from ODF formats such as Libre Office Writer files and from plain text files 13 3 The EMS shall also allow the editing of entries or contents in said report templates 13 3 1 The EMS shall also allow the editing of elective positions to be included in or excluded from the report templates 13 3 2 The EMS shall also allow the editing ofthe wording of the certification in the report templates together with other textual information 13 3 3 The EMS shall also allow the editing ofthe report format design such as the placement or positioning of information in the report template 13 3 4 The EMS shall also allow the editing ofthe data fields for inclusion or Sec VII DRE Technical Specifications Round 2 Page 11 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance exclusion in the report templates 13 3 5 The EMS shall also allow the editing of other information in the report templates as may be indica
80. Republic of the Philippines COMMISSION ON ELECTIONS Manila LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 BD No 02 0001 TABLE OF CONTENTS SECTION I INVITATION TO BID SECTION II INSTRUCTIONS TO BIDDERS SECTION III BID DATA SHEET SECTION IV GENERAL CONDITIONS OF CONTRACT SECTION V SPECIAL CONDITIONS OF CONTRACT SECTION VI SCHEDULE OF REQUIREMENTS SECTION VII TECHNICAL SPECIFICATIONS SECTION VIII BIDDING FORMS amp eo JH Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION I Invitation to Bid LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 Republic of the Philippines COMMISSION ON ELECTIONS Manila Invitation to Bid For LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE 1 The COMMISSION ON ELECTIONS COMELEC through its Bids and 2 Awards Committee BAC invites interested bidders to apply for eligibility and to bid for the
81. Supplier of the notice of decision The termination shall only be based on the ground s stated in the Notice to Terminate The Head of the Procuring Entity may create a Contract Termination Review Committee CTRC to assist him in the discharge of this function All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity and The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty 30 calendar days before its intended termination The Contract is deemed terminated if it is not resumed in thirty 30 calendar days after the receipt of such notice by the Procuring Entity 28 Assignment of Rights The Supplier shall not assign his rights or obligations under this Contract in whole or in part except with the Procuring Entity s prior written consent 29 Contract Amendment Subject to applicable laws no variation in or modification of the terms of this Contract shall be made except by written amendment signed by the parties 30 Application These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of this Contract Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION V Special Conditions of Contract LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016
82. T tax totatcost WARRANTY if RATE applicable technical support personnel for technical coordinator for every N A city municipality for every province ie JA 4 recruitment and training plans reserve technical support personnel 1 2 3 5 NTSC techncial support protocol 11 N A rules and procedures coordinators support and logistics for COMELEC PMO teams N A TOTAL REFERENCE All items as indicated in the SCHEDULE OF REQUIREMENTS Section VI of the BIDDER Bidding Documents are minimum requirements that should be included herein 2 Indicate if HARDWARE SOFTWARE SUPPLIES MATERIALS Signed for the Bidder 3 include MODEL SERVER indicate date of first release for hardware RELEASE Signature Above Printed Name VERSION indicate date of first release for software 4 indicate NO OF UNITS for hardware NO OF LICENSES indicate type for software Designation Date 2016NLE Automation Project EVM TECHNICAL SUPPORT FINANCIAL PROPOSAL BREAKDOWN Page 1 of 1 pages
83. TEE 2015 SEC II ITB Page 2 TABLE OF CONTENTS PARSE NERA Ds e eco sve despite EE E basta bodie ene porca NE tute 4 be Seopeotbidiouea neon ae P ee a ce E beth es 4 2 DOHICG DI BUS oca renum aai obe elec Saale eot dti baa 4 3 Corrupt Fraudulent Collusive and Coercive Practices 4 A Conflict OF Bieresiios dioe o tet Seale es ras acta tote da aE te maa het te tala ad 6 5 Eligible Biddets i stories dedu a d itv ene ed ica bles 7 6 Bidder s Responsibilities imt de ite studeo e thee fete exce Dn 9 7 Ouen OF GODS c ueteri teo bh aiiai ee beenden 11 BL SUD CONE ACES esineisiin anaren pee i etc i dd Eain eE E et eeu e trea tec ant 11 B CONTENTS OF BIDDING DOCUMENTS ssec eisoeoeket ee user ee reno eoa depen 12 9 Pres Bid Conference saec dee arden dude ie itte aeee Eaa redet ap erba neds 12 10 Clarification and Amendment of Bidding Documents 12 Ce PREPARATION OP BIDS ese act tot Ota aa ae 13 1I gt Ez iori ru geld c 13 12 Documents Comprising the Bid Eligibility and Technical Components 13 13 Documents Comprising the Bid Financial Component 15 14 Alternative Bids eee tbe dere trc Datei nct ED 16 152 Bid PERCORSO cs pb acod ito guts A a a ite qood elated ded E auf 16 T6 Did Currencies needed buo ten s t La eee S a Loads er treet t id 18 jvc Bid rei d CE 19 T8 Bid S c rity aiiis presente bus vu
84. TION AND TESTS wis siescscsssisssssessssdsdscsossceaseacsvasasonsscasuatsadussassesavesdses 12 17 WARRANTY 5d ette deiode pedi ed in vete t soikea iaso do ssis ak teuont esdire ds issia 13 18 DELAYS IN THE SUPPLIER S PERFORMANCE eesseesseesoeesoeesoessoesooesocesoeesoe 14 19 LIQUIDATED DA MAGES wsscscesecessselssscatistenseses savasteusrtciaed saasectusaevaves so qus aea ose 14 20 SETTLEMENT OF DISPUTES 54er sa etri sass vec sndeiavsnientecbsslouted abseceuosesveses 14 21 LIABILITY OF THE SUPPLIER i svccssssaseaedsasiccavssssveassacsessdvearscasacdcxsdsaasveassseves 15 22 FORCEMAJEURE sieciceasieswdeacunecccastnawinelencs Cerne eati cos Das vene ad Co tavta ere 15 23 TERMINATION FOR DEFAULT i otetiessit ee ere eoden Pa ivit oe Eoae p od E Ree Sc Det Nud 16 24 TERMINATION FOR INSOLVENCY ee eeee ee eene stata atat tone teen aae tene se ioo S erga 17 25 TERMINATION FOR CONVENIENCE eee esee ec enses en sese tono eset ense soto se seene 17 26 TERMINATION FOR UNLAWFUL ACTS cccccccccccsscccccscccccssccccssccccesccccecees 18 SEC IV GCC Page 3 27 PROCEDURES FOR TERMINATION OF CONTRACTS ecce eene ee een 18 28 ASSIGNMENT OF RIGHTS sisescssscssesssccssssssescsosseusseaccbasasonsscesuacssssevnsdecnsecdses 20 29 CONTRACT AMENDMENT iivscsssesscssscessscessscsossenaseaccbasasenssvesuacsdaseonsdeensocdses 20 30 PRPPEICA TION cacscesious A O e N A ES REES 20 SEC IV GCC Page 4 1 Def
85. TS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance and shall perform the following 16 1 Provide support and logistics to each team of the COMELEC PMO and 16 2 Submit report as required by COMELEC PMO timelines 17 Aside from the technical skills qualifications the technical support shall have the following qualifications 17 1 Is of good moral character 17 2 Has never been convicted of any election offense or any other crime punishable by more than six 6 months of imprisonment 17 3 Has no pending case against him filed in COMELEC court for any election offense 17 4 Not related within the fourth civil degree of consanguinity or affinity to any member of the BEI serving in the same Polling Center or to any national or local candidate to be voted for in the same city or to the latter s spouse 18 All other requirements as listed in the TOR shall be complied with by the winning bidder Conforme Name of Company in print Name and Signature of Company Authorized Representative Sec VII DRE Technical Specifications Round 2 Page 79 Date SEC VIII BIDDING FORMS Page 1 A 1940 KS OF ee TH Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION VIII Bidding Forms LEASE WITH OPTION TO PUR
86. V OTHER DOCUMENTS For foreign bidders a Board Resolution designating the local representative or local subsidiary AND b Any proof of acceptance of the designation as local representative or local subsidiary Conformity with the Schedule of Requirements as enumerated and specified in Section VI of the Bidding Documents Completely filled out and signed Technical Specifications Section VII of Bidding Documents with Conformity If proposal is the same with the technical requirements just put COMPLY Certification from the Election Authority or Election Management Body that the system has demonstrated capability and has been successfully used in a prior electoral exercise here or abroad Omnibus Sworn Statement using the prescribed form in Section VIII Prospective bidder shall use the attached Checklist of Requirements Please refer to Annex A Bidders are required to use the Bid Forms provided in Section VIII 13 2 a The total Approved Budget for the Contract is Thirty One Million Two Hundred Seventy Two Thousand Pesos Php31 272 000 00 inclusive of all taxes broken down as follows COMPONENT QUANTITY TOTAL 1 Voting 410 units Machines Php 30 750 000 00 2 Technical 30 Technicians Php 522 000 00 Support Polling Center 28 Technicians National Technical Support Center Approved Budget for the Php 31 272 000 00 Contract A
87. al subdivisions such as regions provinces cities municipalities and barangays 25 2 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on voting jurisdictions such as legislative districts provincial districts regional districts councilor districts and post embassies which is applicable for participating Overseas Voting OV countries only and precincts 25 3 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on the number of registered voters per established precinct Sec VII DRE Technical Specifications Round 2 Page 17 Statement of e Compliance UE CAE REQUIREMENTS SPECIFICATIONS lo in Bidder s Bid Comply or Supporting NIGE Compl Statement of Py Compliance 25 4 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on the number of registered voters per clustered precinct 25 5 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on elective positions and number of seats to be voted for per position 25 6 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on candidate information such as full name nickname stage name elective position gender political party affiliation and jurisdiction where he intends to
88. all be eligible to participate in this bidding 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 SEC II ITB Page 8 5 2 5 3 5 4 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 Cooperatives 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 and Unless otherwise provided in the BDS persons entities forming themselves into a JV 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 Foreign bidders may be eligible to participate when any of the following circumstances exist as specified in the BDS a d When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR allow foreign bidders to participate Citizens corporations or associations of a country included in the list issued by the GPPB the laws or regulations of which grant reciprocal rights or privileges to
89. alse statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government foreign or international financing institution into allegations of a corrupt fraudulent coercive or collusive practice and or threatening harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation or bb acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government foreign or international financing institution herein SEC II ITB Page 6 3 2 3 3 b will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract Further the Procuring Entity will seek to impose the maximum civil administrative and or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3 1 a Furthermore the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3
90. ance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance requirement 2 The system shall use DRE technology 3 The DRE system shall make use of touch screens push buttons or similar device for voters to indicate their vote 4 The DRE system shall accept count and record the votes of candidates in a precinct or clustered precinct accurately 5 The DRE system shall protect the sanctity and secrecy of the voter s vote by ensuring that the record of the vote shall not be traced to the voter 5 1 This functionality of the DRE system shall be demonstrated during the Systems Evaluation 6 The DRE system shall be accessible to illiterates and persons with disabilities 6 1 For this purpose the winning Bidder shall provide the number of peripherals required and the activation of the needed DRE functionalities in order to have the concerned EVMs readily accessible for use by illiterates and PWDs on e Day 6 2 This functionality of the DRE system shall be demonstrated during the Systems Evaluation 7 The DRE system shall be capable of locking the voting in case the voter reached the configured number of minutes to vote 71 Incase that voting has been locked the DRE system shall count only the votes made before it is locked and shall inform the voter of the event 7 11 Asa customization requiremen
91. and other modifications which exceed the ABC shall not be considered unless otherwise indicated in the BDS The Procuring Entity s evaluation of bids shall only be based on the bid price quoted in the Financial Bid Form Bids shall be evaluated on an equal footing to ensure fair competition For this purpose all bidders shall be required to include in their bids the cost of all taxes such as but not limited to value added tax VAT income tax local taxes and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates Such bids including said taxes shall be the basis for bid evaluation and comparison Post Qualification 29 1 202 The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid LCB complies with and is responsive to all the requirements and conditions specified in ITB Clauses 5 12 and 13 Within a non extendible period of three 3 calendar days from receipt by the bidder of the notice from the BAC that it submitted the LCB the Bidder shall submit the following documentary requirements a Latest income and business tax returns in the form specified in the BDS b Certificate of PhilGEPS Registration and c Other appropriate licenses and permits required by law and stated in the BDS Note Updated pursuant to GPPB Resolution No 21 2013 dated July 30 2013 Fai
92. appointing its authorized representative s signatory ies For Potential Joint Venture JV PJV 1 Duly notarized statements from all potential joint venture partners stating a That they will enter into and abide by the provision of the JVA if the bid is successful b The appointment of authorized representative s c Designation acceptance of appointment as lead company For Non Joint Venture NJV NJV 1 Authority of Signatory pursuant to par h Clause 6 2 of Section II ITB a For Single Proprietorship Special Power of Attorney SPA issued by the ownership proprietor b For Partnership Partnership resolution issued by the General Partner or President of the Partnership Duly Notarized Secretary s Certificate c For Corporation Board Resolution Duly Notarized Secretary s Certificate ELIGIBILITY DOCUMENTS 1 LEGAL DOCUMENTS I Class A Documents a Original Certified true copy of Registration Certificate with Articles of Incorporation from the Securities and Exchange Commission SEC Department of Trade and Industry DTI for Sole proprietorship or Cooperative Development Authority CDA for Cooperatives or any equivalent document in case of foreign bidders In case of a JV this requirement must be submitted by all the JV partners b Original Certified true copy of valid and current Mayor s Business Permit License issued
93. assurance that a contract shall be entered into as a result of the bidding a If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity or between the BAC and any of the Bidders or if the collusion is between or among the bidders themselves or between a Bidder and a third party including any act which restricts suppresses or nullifies or tends to restrict suppress or nullify competition If the Procuring Entity s BAC is found to have failed in following the prescribed bidding procedures or For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows i If the physical and economic conditions have significantly changed so as to render the project no longer economically financially or technically feasible as determined by the head of the procuring entity ii If the project is no longer necessary as determined by the head of the procuring entity and iii If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity In addition the Procuring Entity may likewise declare a failure of bidding when No bids are received All prospective Bidders are declared ineligible All bids fail to comply with all the bid requirements or fail post qualification or The Bidder with the Lowest Calculated Responsive Bid LCRB refuses without justifiable c
94. ation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract including additional requirements if any specified below and in any subsequent instructions ordered by the Procuring Entity The outer packaging must be clearly marked on at least four 4 sides as follows Name of the Procuring Entity Name of the Supplier Contract Description Final Destination Gross weight Any special lifting instructions Any special handling instructions Any relevant HAZCHEM classifications A packaging list identifying the contents and quantities of the package is to be placed on an accessible point of the outer packaging if practical If not practical the packaging list is to be placed inside the outer packaging but outside the secondary packaging Insurance The Goods supplied under this Contract shall be fully insured by the Supplier in a freely convertible currency against loss or damage incidental to manufacture or acquisition transportation storage and delivery The Goods remain at the risk and title of the Supplier until their final acceptance by the Procuring Entity Transportation Where the Supplier is required under Contract to deliver the Goods CIF CIP or DDP transport of the Goods to the port of destination or such other named place of destination in the Philippines as shall be specified in this Contract shall be arranged and paid
95. atteries external data storage devices printers and all other equipment and peripherals services consumables and all other related supplies and materials 53 After Project implementation in case the COMELEC decides to exercise the option to purchase the DRE system the COMELEC shall be free to use or modify the system as it sees fit without incurring any liability from the winning Bidder Sec VII DRE Technical Specifications Round 2 Page 47 Statement of Specific Compliance Reference REQUIREMENTS SPECIFICATIONS _Just state WEBS BE Comply or Supporting Not Comply Statement of Compliance C Other Requirements I EVM EMS 1 The winning bidder shall turn over to COMELEC the following 1 1 the settings configuration scripts codes or passwords used at least one 1 week before e Day 1 2 all disk images of all servers used in the configuration and in the installation before e Day 1 3 all back up files EMS files EVM files ballot templates one month after e Day and 1 4 Application and procedures on restoration of back up files and disk images including information on minimum hardware requirements to restore the files 2 The bidder shall submit the following technical documentations for EMS EVM ballot face printing 2 1 User manuals 2 2 System Requirements Specifications describing all the inputs outputs
96. ause to accept the award of contract and no award is made SEC II ITB Page 32 31 32 F Award of Contract Contract Award 31 1 31 2 31 4 Subject to ITB Clause 29 the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be the LCRB Prior to the expiration of the period of bid validity the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted through a Notice of Award received personally or sent by registered mail or electronically receipt of which must be confirmed in writing within two 2 days by the Bidder with the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity Notwithstanding the issuance of the Notice of Award award of contract shall be subject to the following conditions a Submission of the valid JVA if applicable within ten 10 calendar days from receipt by the Bidder of the notice from the BAC that the Bidder has the LCRB b Posting of the performance security in accordance with ITB Clause 33 c Signing of the contract as provided in ITB Clause 32 and d Approval by higher authority if required At the time of contract award the Procuring Entity shall not increase or decrease the quantity of goods originally specified in Section VI Schedule of Requirement Signing of the Contract 32 1 At the same time as the Procuring Entity notifies the succes
97. bility and technical documents a Eligibility Documents Class A Documents i Registration certificate from the Securities and Exchange Commission SEC Department of Trade and Industry DTI for sole proprietorship or Cooperative Development Authority CDA for cooperatives or any proof of such registration as stated in the BDS ii Mayor s permit issued by the city or municipality where the principal place of business of the prospective bidder is located SEC II ITB Page 14 iii Statement of all its ongoing and completed government and private contracts within the period stated in the BDS including contracts awarded but not yet started if any The statement shall include for each contract the following iii 1 name of the contract iii 2 date of the contract iii 3 kinds of Goods iii 4 amount of contract and value of outstanding contracts ii date of delivery and iii 6 end user s acceptance or official receipt s issued for the contract if completed iv Audited financial statements stamped received by the Bureau of Internal Revenue BIR or its duly accredited and authorized institutions for the preceding calendar year which should not be earlier than two 2 years from bid submission v NFCC computation or CLC in accordance with ITB Clause 5 5 and vi Tax clearance per Executive Order 398 Series of 2005 as finally reviewed and approved by the BIR Note Upda
98. cal Support 30 Technicians for Polling Center 28 for National Technical Support Center NTSC 1 2 Complete list of technicians with their complete addresses and contact numbers Report on the Resignation or failure to report for duty of support technicians within the latter s area of jurisdiction 10 1 The complete names addresses and contact numbers of replacement technicians hired in the latter s area of jurisdiction 12 The sufficient number of qualified technical support personnel to man the technical hotlines and to give solution s to the reported problems at the NTSC 13 1 Procedures rules to be followed at the NTSC by the technical including documentation on the support possible systems problems that may Please refer to the attached Implementa tion Calendar Office of the Election Officer Office of the Election Officer COMELEC Palacio del Gobernador Intramuros Manila encounter and the possible solutions to the problems 13 2 Submission of resume of all levels of technical support 13 6 Activation of NTSC 14 Submission of number of technical support personnel to be hired and the plan for hiring training documentation and operational procedures Coordination with the NTSC provider on the requirements for space system data reporting coordination and other related requirements 17 The winning bi
99. ce teany sage deep voile bow Ehud ren dep oc NE len ite 19 19 Pormatand Signing ot BIdS caus aborde eret ed heben oet ety oa tron de botuse eeu dns 22 20 Sealing and Marking of DIds doors wore e eite Mee ue ebat ea rine dies 22 D SUBMISSION AND OPENING OF BIDS reete iret deese ke eon aeg n 23 21 Deadline for Submission of Bids oie qi te etate 23 22 E151 o c O 23 23 Modification and Withdrawal of Bids esee 23 24 Opening and Preliminary Examination of Bids sss 24 E EVALUATION AND COMPARISON OF BIDS sods savcseng cuss shot n S eee odit vts 26 25 Process to be Confidential eesecccccccecesssssncccccecececsssssecccecesecssssssnceeesevens 26 SEC II ITB Page 3 20 7 Clarification of Bid Seca concise ood eutas ataques NA LOUP tte E a feu tra LS mui edu 26 2475 PIOUS STIG Preferente oo asi os st esac M ns otras iss ata a E cov Dust etait 26 28 Detailed Evaluation and Comparison of Bids sss 28 29 PosrQOualt calolbadicnieicianedbeded Hv mca Maal ania bd bh Ree 29 30 Reservation Cau Sb an a dares cite din eoe ne eor edebat enar Eee ore oda e 30 F UANWARDORBCONIRAGCT Ga d ardere du ra dun UR MM UN PUE 32 OL Contract Award vice scsi optato aa alia A Nen ERS 32 925 Sigmne of the Contrata aidai iiaiai 32 33 Performanc SOCUTILY sass ueis ecg e gie Ra E EEEa 33 34 lt Notice to Proceed o en a i ide DEBE R A e 34
100. chnical Specifications Round 2 Page 29 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 9 1 The DRE system shall ensure that the print out on all EVM reports shall remain legible for a minimum of six 6 years for a possible manual recount of said vote 9 1 1 For this purpose the winning Bidder shall also provide the appropriate type and quality of VVPAT paper to meet this requirement Delivery of an inferior quality of paper that would lead to the fading of VVPAT print in less than 6 years shall be penalize the winning Bidder accordingly subject to proper verification 10 The DRE system shall also make use of appropriate VVPAT boxes for the purpose 10 1 For purposes of the Systems Evaluation the Bidder shall submit a prototype VVPAT box 11 For purposes of the Systems Evaluation the DRE system shall allow voting of 100 voters in at most 12 hours per machine using the configuration data to be provided by COMELEC 12 The DRE system shall the allow consolidation of results of all EVMs allocated for a precinct or clustered precinct including the audit logs and statistical reports and immediately create the concerned precinct s election results afterwards in the consolidation EVM 12 1 Consolidation of results may be done via wired local area network or man
101. citizens corporations or associations of the Philippines When the Goods sought to be procured are not available from local suppliers or When there is a need to prevent situations that defeat competition or restrain trade Government corporate entities may be eligible to participate only if they can establish that they a are legally and financially autonomous b operate under commercial law and c are not dependent agencies of the GOP or the Procuring Entity Unless otherwise provided in the BDS the Bidder must have completed at least one contract similar to the Project the value of which adjusted to current prices using the National Statistics Office consumer price index must be at least equivalent to a percentage of the ABC stated in the BDS SEC II ITB Page 9 5 5 For this purpose contracts similar to the Project shall be those described in the BDS and completed within the relevant period stated in the Invitation to Bid and ITB Clause 12 1 a iii The Bidder must submit a computation of its Net Financial Contracting Capacity NFCC or a commitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded the contract for this Project CLC The NFCC computed using the following formula must be at least equal to the ABC to be bid NFCC Current assets minus current liabilities K minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts
102. com COMELEC website www comelec gov ph 11 Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by a translation of the documents in English authenticated and certified by the appropriate embassy consulate or its equivalent or any authorized competent entity in the Philippines or the nearest Embassy or Consular Office that has jurisdiction over the Philippines 12 1 Below is the complete list of Eligibility and Technical Documents to be submitted and properly TABBED as indicated For foreign bidders they should submit the foreign equivalent of the documents If there is no equivalent document bidder shall submit a Certificate of No Equivalent duly authenticated and certified by the appropriate embassy consulate or its equivalent or any authorized competent entity in the Philippines or the nearest Embassy or Consular Office that has jurisdiction over the Philippines Please note that for Tax Clearance per Executive Order No 398 no foreign equivalent document shall be accepted TAB CLASS A DOCUMENTS I LEGAL DOCUMENTS In case of a Joint Venture each member of the JV shall submit the required Documents mentioned in Tabs A B C and I A Registration Certificate Form Original or Certified True Copy from Securities Exchange Commission for Corporation or Partnership including its Articles of Incorporation
103. continuity plan to all political parties and party lists and to publish in at least two 2 newspapers of general circulation and post the same at the Comelec Website Sec 11 R A 9369 39 27 Voting by local absentee voters based on Sec 4 of Comelec Resolution No 9637 dated February 13 2013 Sun 4 24 16 Mon 4 25 16 Sun 4 24 16 Wed 4 27 16 39 28 Receive accomplished local absentee ballots and other related documents Mon 5 09 16 Mon 5 09 16 39 29 Count votes cast by local absentee voters Immediately after 7 00 o clock p m 39 30 Last day to file Statement of Contributions and Expenditures SOCE Sec 14 R A 7166 Mon 5 09 16 2 Wed 6 08 16 Mon 5 09 16 Wed 6 08 16 14 Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION VII Technical Specifications LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 Sec VII DRE Technical Specifications Round 2 Page 2 SECTION VII Technical Specifications INSTRUCTIONS Bidders must state here either Comply or Not Comply against each of the individual parameters of each Specification stating the corresponding performance parameter of the equipment offered Statements of Comply or Not Comply
104. cost to COMELEC 10 2 Lab test or laboratory test which shall be an environment controlled test of the Election Day version of all systems to be used on e Day and which shall be conducted twice using the first customized version and the final trusted built version The final trusted built version of the system is the software compiled by the ICE 10 2 1 An end to end test shall be conducted from EMS to CCS all levels including transmissions central server Sec VII DRE Technical Specifications Round 2 Page 52 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance transparency Server web Server and decryption 10 2 1 1 The test shall make use of machines which have already passed the HAT 10 2 1 2 The winning bidder shall submit a certification that it has already conducted its own internal Quality Control QC and Quality Assurance QA tests on its systems before turnover to COMELEC for Lab Test and that its systems have already passed the same In this case two 2 certifications shall be submitted Submission of the Certifications shall mean that all minor programming errors have already been identified and consequently corrected by the winning bidder prior to turnover to COMELEC for lab testing Failure of the winning bidde
105. dar days from receipt of the request for clarification any documented attempt by a bidder to unduly influence the outcome of the bidding in his favor failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful or all other acts that tend to defeat the purpose of the competitive bidding such as _ habitually withdrawing from bidding submitting late Bids or SEC II ITB Page 22 19 20 patently insufficient bid for at least three 3 times within a year except for valid reasons b if the successful Bidder i fails to sign the contract in accordance with ITB Clause32 or ii fails to furnish performance security in accordance with ITB Clause 33 Format and Signing of Bids 19 1 19 3 19 5 Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII Bidding Forms on or before the deadline specified in the ITB Clause 21 in two 2 separate sealed bid envelopes and which shall be submitted simultaneously The first shall contain the technical component of the bid including the eligibility requirements under ITB Clause12 1 and the second shall contain the financial component of the bid Forms as mentioned in ITB Clause 19 1 must be completed without any alterations to their format and no substitute form shall be accepted All blank spaces shall be filled in with the informat
106. dder shall provide coordinators with field of specialization on all items above and shall submit proof of specialization such as resume certification of expertise certification of number of years of experience and the like Conforme Name of Company in print Name and Signature of Company Authorized Representative Date 2016 NATIONAL AND LOCAL AUTOMATED ELECTIONS IMPLEMENTATION CALENDAR v5 0 DRAFT ONLY ACTIVITIES DATE START DATE FINISH 1 COMELEC Steering Committee Tue 12 03 13 Mon 5 09 16 Mon 5 09 16 Mon 5 09 16 1 2 Preliminary Decision Meeting on Registration Tue 12 03 13 Fri 4 29 16 Preparatory Activities 2 Determination of AES Technology to use Thu 3 27 14 Fri 8 29 14 2 1 Convening of COMELEC Advisory Council Thu 3 27 14 Thu 3 27 14 2 2 DBM Approval of Budget Thu 6 26 14 Thu 6 26 14 2 3 CAC Technology Fair Sun 7 27 14 Sun 7 27 14 2 4 Submission of CAC Recommendation of Technology Fri 8 15 14 Fri 8 15 14 to use 2 5 COMELEC EnBanc Resolution on Technology to Use Fri 8 29 14 Fri 8 29 14 3 Project Management Team Formation and Operation 4 Procurement Wed 10 15 14 Wed 10 01 14 Thu 11 10 16 Thu 11 05 15 4 1 OMRs Wed 10 01 14 Mon 5 18 15 4 10 Equipment servers workstation printer network devices for EMS Central server Transparency server Back up server and Web server Mon 3 02 15
107. des the offering giving receiving or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution entering on behalf of the government into any contract or transaction manifestly and grossly disadvantageous to the same whether or not the public officer profited or will profit thereby and similar acts as provided in RA 3019 SEC II ITB Page 5 ii iii fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity and includes collusive practices among Bidders prior to or after bid submission designed to establish bid prices at artificial non competitive levels and to deprive the Procuring Entity of the benefits of free and open competition collusive practices means a scheme or arrangement between two or more Bidders with or without the knowledge of the Procuring Entity designed to establish bid prices at artificial non competitive levels coercive practices means harming or threatening to harm directly or indirectly persons or their property to influence their participation in a procurement process or affect the execution of a contract obstructive practice is aa deliberately destroying falsifying altering or concealing of evidence material to an administrative proceedings or investigation or making f
108. disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance Any document other than this Contract itself enumerated in GCC Clause 14 1 shall remain the property of the Procuring Entity and shall be returned all copies to the Procuring Entity on completion of the Supplier s performance under this Contract if so required by the Procuring Entity SEC IV GCC Page 12 15 16 Standards The Goods provided under this Contract shall conform to the standards mentioned in the Section VII Technical Specifications and when no applicable standard is mentioned to the authoritative standards appropriate to the Goods country of origin Such standards shall be the latest issued by the institution concerned Inspection and Tests 16 1 16 2 16 3 16 4 The Procuring Entity or its representative shall have the right to inspect and or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity The SCC and Section VII Technical Specifications shall specify what inspections and or tests the Procuring Entity requires and where they are to be conducted The Procuring Entity shall notify the Supplier in writing in a timely manner of the identity of any representatives retained for these purposes If applicable the inspections and tests may be conducted on the premises of the Supplier or its subcontractor s
109. e EVM and the start of report generation and electronic transmission activities 15 The DRE system shall ensure that each voter can vote only once in the EVM 15 1 For purposes of the Systems Evaluation the Sec VII DRE Technical Specifications Round 2 Page 31 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance Bidder shall actually demonstrate how this is accomplished 16 The DRE system shall be configurable for use at the precinct level 16 1 17 The DRE system shall have a built in The DRE system s configuration shall allow voting that is intended for that specific established or clustered precinct only functionality to accept election configuration data from the EMS such as voting jurisdiction data and candidate information digital certificates and other needed configuration data 17 1 The DRE system shall make use of e Day specific information that shall NOT be hardcoded into the system but shall be referred to from external reference files or configuration files from the EMS 17 2 The DRE system functionality for machine configuration shall be accessed only by a system user with Administrator access level 17 3 The configuration file s information shall include the date and title of the elections sys
110. e Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof Unless otherwise directed by the Procuring Entity in writing the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the force majeure 23 Termination for Default 23 1 The Procuring Entity shall terminate this Contract for default when any of the following conditions attends its implementation a Outside of force majeure the Supplier fails to deliver or perform any or all of the Goods within the period s specified in the contract or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier prior to the delay and such failure amounts to at least ten percent 10 of the contact price b Asa result of force majeure the Supplier is unable to deliver or perform any or all of the Goods amounting to at least ten percent 10 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 have ceased or SEC IV GCC Page 17 23 25 23 3 24 25 c The Supplier fails to perform any other obligation under the Contract In the event the Procuring Entity terminates this Contract in whole or in part for any of the
111. e contract The procuring entity shall prescribe at least two 2 acceptable forms of performance security taken from two 2 categories below that bidders may opt to use denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule Contract Price Amount of Performance Security Form of Performance Security Equal to Percentage of the Total a Cash or cashier s manager s check issued by a Universal or Commercial Bank Five percent 5 SEC II ITB Page 34 b 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 bank c Surety bond callable upon demand issued by a surety or insurance company duly certified by Thirty percent 30 the Insurance Commission as authorized to issue such security and or d Any Proportionate to share of form combination of the with respect to total amount of foregoing security Note Updated pursuant to GPPB Resolution No 25 2013 dated August 30 2013 33 3 Failure of the successful Bidder 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 even
112. e disqualification of the bidder and the rejection of its bid In case of a tie between two or more Bidders the GPPB Circular No 06 2005 dated August 5 2005 governing tie breaking mechanism shall apply 29 2 a Additional Documents to be submitted during the Post Qualification Evaluation a Latest income and business tax returns NOTE The latest income and business tax returns are those within the last six months preceding the date of bid submission b Certificate of PhilGEPS Registration and c ISO 9001 2008 Certification of the Direct Recording Technology manufacturer 29 2 b For Local Bidders only Tax Returns filed and taxes paid through Electronic Filing and Payments System EFPS shall be accepted For foreign bidders who are considered Non Resident Foreign Corporations NRFC or Non Resident Aliens Not Engaged in Trade or Business NRANETRB they shall submit their tax returns filed in their respective countries since they are not considered as doing business in the Philippines Please refer to Section VIII Bidding Forms 29 2 d No other requirements 32 4 g No other requirements 34 2 The effective date of the Contract is from the date specified in the Notice to Proceed Upon acknowledgement of the Notice to Proceed the contract becomes binding upon the parties 13 Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTIO
113. e following among other tasks 18 1 1 overseeing and implementing the plan 18 1 2 coordinating with the COMELEC on all related aspects of the Project 18 1 3 monitoring the progress and status Sec VII DRE Technical Specifications Round 2 Page 65 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance of the activities 18 1 4 resolution of related problems 18 2 The project management support of the winning bidder shall coordinate and report regularly with COMELEC 19 All oher requirements as listed in the TOR shall be complied with by the winning bidder II TRAINING Training requirement shall include the following 1 A COMELEC approved training program for executives An extensive training or transfer of technology The training shall be in two 2 stages 1 before the customization of systems for testing and preparation of customization requirements and 2 using the final customized system The training shall address but shall not be limited to the following topics 2 1 Installation and configuration of systems EMS EVM from scratch 2 2 Generation of election configuration for EVM and ballot faces 2 3 Installation of election configuration in EVM 2 4 Operation and administration of all pr
114. e or improve said contingencies Risk monitoring tools manual and automated to track the identified and unidentified risks including risk responses responsibility assignment matrix RACI All oher requirements as listed in the TOR shall be complied with by the winning bidder Change Management Bidders are required to submit its plan on the proposed change management services with particular emphasis on the following areas 1 Handling of change request or request of changes in the system after it has been accepted by COMELEC 2 Transfer of Technology for the COMELEC executives technical personnel Board of Sec VII DRE Technical Specifications Round 2 Page 69 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance Election Inspectors Technical Support Trainors Machine Operators 2 1 This is Empowerment of the COMELEC personnel in terms of knowledge attitudes and skills to eventually take over the functions and thereby enabling them to use the system in managing the electoral process more effectively 3 Voter Education and Information 3 1 The winning bidder shall provide adequate assistance and logistical support in the conduct of the information assistance and education campaign to be undertaken by the COMELEC This assista
115. e required items in the Bidding Documents including where applicable Bill of Quantities shall be considered non responsive and thus automatically disqualified In this regard where a required item is provided but no price is indicated the same shall be considered as non responsive but specifying a 0 zero for the said item would mean that it is being offered for free to the Government The terms Ex Works EXW Cost Insurance and Freight CIF Cost and Insurance Paid to CIP Delivered Duty Paid DDP and other trade terms used to describe the obligations of the parties shall be governed by the rules prescribed in the current edition of the International Commercial Terms INCOTERMS published by the International Chamber of Commerce Paris Prices indicated on the Price Schedule shall be entered separately in the following manner a For Goods offered from within the Procuring Entity s country i The price of the Goods quoted EXW ex works ex factory ex warehouse ex showroom or off the shelf as applicable including all customs duties and sales and other taxes already paid or payable i 1 on the components and raw material used in the manufacture or assembly of Goods quoted ex works or ex factory or i 2 on the previously imported Goods of foreign origin quoted ex warehouse ex showroom or off the shelf and any Procuring Entity country sales and other taxes which will be payable on the Goods if the co
116. ed by the BIR d Sworn Statement stating 1 that the sub contractor is not blacklisted and 2 the component s and the extent to which it will be sub contracted For foreign sub contractors they should submit the foreign equivalent of the documents mentioned in items a and b If there is no equivalent document bidder shall submit a Certificate of No Equivalent duly authenticated and certified by the appropriate embassy consulate or its equivalent or any authorized competent entity in the Philippines or the nearest Embassy or Consular Office that has jurisdiction over the Philippines 8 3 9 1 The Bidder should identify the sub contractor to whom a portion of the goods will be sub contracted during bid submission In which case the Bidder shall include the required documents mentioned in Clause 8 2 hereof in its envelope for eligibility requirements The COMELEC will hold a Pre Bid Conference for this Project on March 16 2015 at 10 00 A M at COMELEC Session Hall 8 Floor Palacio del Gobernador Bldg Intramuros Manila Only those interested Bidders who have purchased the Bidding Documents are allowed to raise and submit queries or clarifications regarding the Bidding Documents 10 1 The Procuring Entity s address is The BAC Secretariat Office Commission on Elections 7th Floor Palacio del Gobernador Bldg General Luna St cor Postigo St Intramuros Manila 1002 Email comelecbac gmail
117. elated to any incumbent elective city district provincial regional or national official up to the fourth civil degree of consanguinity or affinity Provided that if there is any such relationship the bidder entity may still bid if the concerned partner officer director or controlling stockholder divests himself herself of all his her interest in such partnership corporation or joint venture at least three 3 days prior to the submission of bids m 7 complies with existing labor laws and standards m 8 It complies with the responsibilities of a prospective or eligible bidder provided in the PBDS m 9 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 m 10 undertakes to comply with all requirements for customization as stated in the Terms of Reference and Republic Act No 9369 SECOND ENVELOPE FINANCIAL COMPONENT Shall be opened only if the bidder is declared ELIGIBLE The financial component of the bid shall contain the total bid amount for the services quoted in words as well as in figures Bid Price shall include the cost of all taxes such as but not limited to value added tax VAT income tax local taxes and other fiscal levies and duties Page 5 of 6 30 March 20
118. ems test to be conducted by COMELEC as applicable 3 The EMS and DRE system shall comply with Sec VII DRE Technical Specifications Round 2 Page 3 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance the minimum system capabilities as indicated in RA 9369 as follows 3 1 Adequate security against unauthorized access 3 2 3 3 Accuracy in recording and reading of votes as well as in the tabulation consolidation canvassing electronic transmission and storage of results Error recovery in case of non catastrophic failure of device 3 4 System integrity which ensures physical stability and functioning of the vote recording and counting process 3 5 3 6 Provision for voter verified paper audit trail System auditability which provides supporting documentation for verifying the correctness of reported election results 3 7 An election management system for preparing ballots and programs for use in the casting and counting of votes and to consolidate report and display election result in the shortest time possible 3 8 Accessibility to illiterates and disabled voters 3 9 3 10 Vote tabulating program for election referendum or plebiscite Accurate ballot counters 3 11 Data retention p
119. ent port of discharge etc Upon delivery to the Project Site the Supplier shall notify the Procuring Entity and present the following documents as applicable with the documentary requirements of any letter of credit issued taking precedence i Original and four copies of the Supplier s invoice showing Goods description quantity unit price and total amount ii Original and four copies of the negotiable clean shipped on board bill of lading marked freight pre paid and five copies of the non negotiable bill of lading iii Original Supplier s factory inspection report iv Original and four copies of the Manufacturer s and or Supplier s warranty certificate v Original and four copies of the certificate of origin for imported Goods vi Delivery receipt detailing number and description of items received signed by the Procuring Entity s representative at the Project Site vii Certificate of Acceptance Inspection Report signed by the Procuring Entity s representative at the Project Site and viii Four copies of the Invoice Receipt for Property signed by the Procuring Entity s representative at the Project Site For purposes of this Clause the Procuring Entity s Representative at the Project Site is insert name s Incidental Services The Supplier is required to provide all of the following services including additional services as maybe applicable specified i
120. ents hardware software and services needed for the enrollment of the digital certificate signature of all members of the BEI 26 The DRE system shall be able to generate and print the Election Returns ER statistical report and audit log for a precinct in the COMELEC specified formats 27 The DRE system shall be able to create and save the EVM e Day files which shall include among others the election results files the database or dump files all print files and other election files needed for canvassing and consolidation 27 1 The DRE system shall be able to encrypt the EVM e Day files using either 128 bit or 256 bit standard encryption methodology or even higher with a security key or code Sec VII DRE Technical Specifications Round 2 Page 35 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance depending on the implementation by the vendor 27 2 The DRE system shall store the EVM e Day files and shall not remove or erase them from memory even if the EVM is turned off 27 3 As a customization requirement the decision on which standard encryption methodology to use for encryption shall be available as a configurable option in the EMS 27 4 The DRE system shall be able to create and save the database files or dump files of EV
121. est for the availability of digital signatures as a security and non repudiation measure 10 2 1 5 7 Data backup test which shall be a test on the availability of a data backup functionality which includes a facility that is able to retrieve and make use of the backup data as input to the system when the need arises 10 2 1 3 8 Backup power test which shall be a test of the availability of Sec VII DRE Technical Specifications Round 2 Page 54 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance backup power supply to power up the machines in case of power interruption 10 2 1 3 9 User interface design test which shall be a test of the ease of usage of the system to a regular user 10 2 1 3 10 Error messages test which shall be a test of the availability of easily understandable error messages which would indicate to a user what error has occurred and the next step of action be to taken 10 2 1 3 11 Error recovery features test which shall be a test of the capability of the system to recover from an error without data loss 10 2 1 3 12 Reports generation test which shall be a test of the required election reports such as the Initialization Zero Out Report Election Returns Precinct Audit Log Precinct Statistical Report
122. established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid and c the business has been in existence for at least five 5 consecutive years prior to the advertisement and or posting of the Invitation to Bid for this Project SEC II ITB Page 28 27 3 A Bidder may be granted preference as a Domestic Bidder subject to the certification from the DTI that the Bidder is offering unmanufactured articles materials or supplies of the growth or production of the Philippines or manufactured articles materials or supplies manufactured or to be manufactured in the Philippines substantially from articles materials or supplies of the growth production or manufacture as the case may be of the Philippines 28 Detailed Evaluation and Comparison of Bids 28 1 The Procuring Entity will undertake the detailed evaluation and comparison of bids which have passed the opening and preliminary examination of bids pursuant to ITB Clause 24 in order to determine the Lowest Calculated Bid The Lowest Calculated Bid shall be determined in two steps a The detailed evaluation of the financial component of the bids to establish the correct calculated prices of the bids and b 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 The Procuring Entity s BAC shall immediately co
123. falsified documents or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding 3 Allowing the use of one s name or using the name of another for purposes of public bidding 4 Withdrawal of a bid or refusal to accept an award or enter into contract with the Government without justifiable cause after the Bidder had been adjudged as having submitted the Lowest Calculated and Responsive Bid 5 Refusal or failure to post the required performance security within the prescribed time 6 Refusal to clarify or validate in writing its bid during post qualification within a period of seven 7 calendar days from receipt of the request for clarification 7 Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor 8 Failure of the potential joint venture partners to enter into the joint venture after the bid is declared as successful 9 All other acts that tend to defeat the purpose of the competitive bidding such as habitually withdrawing from bidding submitting late Bids or patently insufficient bid for at least three 3 times within a year except for valid reasons 20 1 No further instructions Each Bidder shall submit one 1 original and three 3 copies of the first and second component of its bid following the prescribed sealing and marking SEALING AND M
124. files or as may be assigned or revoked by designated EMS Administrators 32 4 3 The EMS shall employ an administratoruser level which shall be assigned with all regular and intermediate user roles and reference file management roles including data import together with monitoring roles and assigning or revoking of user rights and privileges 32 5 The EMS shall be easy to use and operate and shall make use of a graphical user interface GUI 32 5 1 The EMS on screen messages and instructions shall be subject to approval and modification by COMELEC in view of the ease of use requirement 32 1 1 The EMS shall have a message format management functionality which the COMELEC may use to modify on screen messages 32 5 2 The EMS shall have such features as understandable and helpful screen prompts descriptive error messages with corresponding needed corrective actions and help screens 32 53 The EMS shall have a built in user or operation manual which shall be Sec VII DRE Technical Specifications Round 2 Page 23 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance accessible from a Help menu and which shall provide the needed instructions on how to use and operate the system 32 5 3 1 The contents of the EMS built in user or opera
125. g false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government foreign or international financing institution into allegations of a corrupt fraudulent coercive or collusive practice and or threatening harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation or bb acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity Or any foreign government foreign or international financing institution herein SEC IV GCC Page 7 2 2 b will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract Further the Funding Source Borrower or Procuring Entity as appropriate will seek to impose the maximum civil administrative and or criminal penalties available under the applicable law on individuals and organizations deemed to be 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 and records relating to the performance of the Supplier and to have them audited by auditors appoi
126. h failed the HAT PreLAT and all other hardware related tests Sec VII DRE Technical Specifications Round 2 Page 63 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 11 6 3 8 Statistics on the number of machines which passed failed the HAT PreLAT and all other hardware related tests 11 6 3 4 Record per machine on all movements from date of delivery issues receipts HAT PreLAT pullout if necessary and the like 11 6 4 Report export facility to PDF format 11 6 5 Other such functionalities which are common of inventory systems and which shall be subject to final approval by the COMELEC 12 The COMELEC shall have control on all tests to be conducted 13 The winning bidder shall provide for technical support and manpower complement in the conduct of HAT PRELAT Reverse Logistics testers logistics packers etc 14 The winning bidder shall deploy all EVMs VVPAT boxes and other AES equipment and peripherals including all other AES related consumables supplies and materials 14 1 Deployment shall be for field test mock elections and trainings for field personnel BEIs BOCs 15 14 2 Contingency equipment consumables supplies and materials shall be included in the items for expected deployment to
127. he filename of the VVPAT containing its unique ballot ID 51 6 6 The decryption application shall convert the decrypted VVPAT images into Portable Document Format PDF files 51 6 7 The decryption application shall be able to merge the individual PDF files of the decrypted VVPAT images into one PDF file 51 6 8 The decryption application shall be able to generate a hash code for the merged PDF file 51 6 9 The decryption application shall a Sec VII DRE Technical Specifications Round 2 Page 44 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance functionality for saving the concerned files and the corresponding hash codes to an external data storage device 51 6 10 The decryption application shall have a display and printing functionality for the hash codes list of filenames merged PDF files and other decrypted files as applicable 51 7 The final design including on screen messages prompts and instructions together with other applicable system functionalities of the DRE system for e Day use shall still be subject to final customization requirements by the COMELEC 51 8 The DRE system shall comply with COMELEC requirements for hardening its operating system which shall be specified in the Systems Customization Phase
128. hu 10 15 15 21 2 Formulation of Rules and Guidelines 21 3 Constitution of RMA Teams Fri 10 16 15 Tue 1 05 16 Thu 12 03 15 Tue 1 05 16 21 4 Conduct of Random Manual Audit Mon 5 09 16 Mon 5 09 16 17 Hiring of Technical Support Tue 12 01 15 Mon 2 01 16 18 Election period 11 Sun 1 10 16 Wed 6 08 16 ACTIVITIES 19 Constitution of BOCs and BEls SBRCGs SBElIs and SBOCs DATE START Fri 1 15 16 DATE FINISH Mon 1 18 16 20 Training Sat 8 01 15 Fri 4 08 16 21 Conduct Public demonstration using machines Tue 12 01 15 Fri 4 08 16 22 Ballots and Machines configuration and testing Tue 12 01 15 Sat 4 30 16 23 Transmission Preparation Thu 4 02 15 Fri 4 15 16 24 EDCVL Printing and Shipment Mon 1 04 16 Thu 3 24 16 25 Site Preparation Mon 6 01 15 Mon 4 25 16 26 Deployment Wed 3 02 16 Mon 5 02 16 26 1 Deployment of machines transmission equipment to Regional Hubs Wed 3 02 16 Mon 4 25 16 26 2 Ship ballots including for OAV Mon 3 21 16 Mon 5 02 16 26 3 Deployment of machines transmission equipment to Polling Centers canvassing centers Mon 4 25 16 Mon 5 02 16 27 2016 Overseas Absentee Voting Wed 1 15 14 Sun 8 07 16 27 1 Pre registration Wed 1 15 14 Fri 5 02 14 27 2 Registration Publication ERB Hearings Tue 5 06 14 Sun 8 07 16 27 3 Pre election Tue 12 08 15 Thu 3 31 16 27 4 Voting Peri
129. iance digital ballot faces for EVM 15 2 The EMS s ballot definition module shall enable its user to preview the automatically generated on screen digital ballot faces for verification purposes based on assigned user rights and privileges 15 2 1 The EMS shall have a functionality for indicating by user input whether a specific ballot face has passed verification procedure 15 2 2 The EMS shall be able to record in its audit log which user reviewed and approved the ballot face 153 The EMS shall automatically generate one ballot face for each voting jurisdiction with a common set of candidates from the national level down to the city municipal level or councillor district level as applicable 15 4 The EMS shall automatically generate a unique ballot identifier code for each clustered precinct 15 5 The EMS shall be able to accommodate the final ballot design and layout as approved by the COMELEC en Banc 15 6 The ballot definition module of the proposed EMS shall comply with the Systems Customization Requirements to be provided by COMELEC within one month after the winning Bidder s technical presentation of its initial system to COMELEC 15 7 The ballot definition module of the proposed EMS shallbe able to Sec VII DRE Technical Specifications Round 2 Page 13 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or
130. iance proposal offer including the software and hardware back up power supply all other supplies and materials printers and other equipment and peripherals consumables and other related services 33 1 The winning Bidder shall not demand for additional payment from COMELEC to procure additional EMS requirements during Project Implementation for items that it may have overlooked in its Bid Proposal 33 2 The Bidder shall make use of the Financial Proposal Template to indicate a detailed listing of the items with breakdown of costs in its proposal 333 The winning Bidder shall bear all additional costs for EMS related goods and services that it failed to include in its proposal but shall be deemed required to be provided as part of the all requirements inclusivity specification 34 After Project implementation in case the COMELEC decides to exercise the option to purchase the DRE system the COMELEC shall be free to use or modify the system as it sees fit without incurring any liability from the winning Bidder B Precinct Based Vote Counting Machine 1 The DRE system shall comply with the following minimum requirements which shall be able to be demonstrated by the bidder as compliant during the submission of its Bid unless specified as a customization Sec VII DRE Technical Specifications Round 2 Page 27 REQUIREMENTS SPECIFICATIONS Statement of Compli
131. ices handling of change plan on proposed change 2 management services N A transfer of technolog plan on proposed change 3 management services N A voter education and description of standards guidelines and 2 procedures to aid N A COMELEC in developing 3 services for measurement N A and monitoring of SLAs assistance in conduct of code review assistance in recommending acceptance and payment TOTAL LEASE BID TOTAL PURCHASE OPTION 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 6 of 7 pages DESCRIP PURCHASE PURCHASE PURCHASE TION OPTION FOR OPTION FOR OPTION FOR 1ST YEAR 2ND YEAR 3RD YEAR REFERENCE All items as indicated in the SCHEDULE OF REQUIREMENTS Section VI of the Bidding BIDDER Documents are minimum requirements that should be included herein 2 Indicate if HARDWARE SOFTWARE SUPPLIES MATERIALS Signed for the Bidder gt include MODEL SERVER indicate date of first release for hardware RELEASE VERSION Signature Above Printed Name indicate date of first release for software indicate NO OF UNITS for hardware NO OF LICENSES indicate type for software Designation indicate L for lease HW SW or P for purchase services supplies materials and other Dat consumables ate 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 7 of 7 pages FINANCIAL PROPOSAL BREAKDOWN COMPONENT 2 TECHNICAL SUPPORT ITEM TYPE DESCRIPTION qr UNITCOS
132. ich shall cover all machines offered in the bidder s bid including all standby units that shall be provided by the winning bidder to replace all defective units 10 1 1 This shall include all hardware to be offered the Project including pre election configuration voting and counting 10 1 2 The EVM machine shall be subjected to an accuracy test 10 1 3 All hardware components such as input and output devices including all ports shall be completely Sec VII DRE Technical Specifications Round 2 Page 51 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance subjected to HAT 10 1 4 All hardware peripherals such as cables and cords shall also be included in the test 10 1 5 A 20 sample of every delivery lot batch shall be subjected to stress test 10 1 6 All hardware and peripherals shall have a unique bar coded serial number for inventory purposes If any hardware component shall not have any serial number from its manufacturer the provider shall create its own and firmly attach it to the said component 10 1 7 All hardware that did not pass the HAT for whatever reason shall be replaced with a new unit within twenty four 24 hours 10 1 8 The winning bidder shall provide HAT testers at no additional
133. icipation of subcontractors in more than one bid or f A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid In accordance with Section 47 of the IRR of RA 9184 all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity members of the Bids and Awards Committee BAC members of the Technical Working Group TWG members of the BAC Secretariat the head of the Project Management Office PMO or the end user unit and the project consultants by consanguinity or affinity up to the third civil degree On the part of the Bidder this Clause shall apply to the following persons a If the Bidder is an individual or a sole proprietorship to the Bidder himself b If the Bidder is a partnership to all its officers and members c If the Bidder is a corporation to all its officers directors and controlling stockholders and d If the Bidder is a joint venture JV the provisions of items a b or c of this Clause shall correspondingly apply to each of the members of the said JV as may be appropriate Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder 5 Eligible Bidders 5 1 Unless otherwise provided in the BDS the following persons sh
134. idders during first stage bidding 6 1 For purposes of source code review and ICE by the interested parties base source code shall be made available not later than 60 days from the issuance of the Notice of Award 7 The winning bidder shall authorize COMELEC to make the final source code of the EMS EVM and all of its components available and open to any interested party or groups who may Sec VII DRE Technical Specifications Round 2 Page 50 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance conduct their own code review thereof A copy of the source codes shall be kept in escrow at the BSP The winning bidder shall provide for remote and on site technical support in the conduct of source code review by the local interested parties without additional cost to the COMELEC The winning bidder shall provide all requirements for the conduct of all trainings and public demonstrations 10 The winning bidder shall provide all requirements for the conduct of the different tests Hardware Acceptance Test HAT Lab Test Field Test Mock Elections Pre Election Logic and Accuracy Test PreLAT TEC Certification Test Live Transmission Test Final Testing and Sealing FTS and public demonstration 10 1 HAT which stands for hardware acceptance test and wh
135. ily understood by its regular users and shall not make use of coded language without readily providing the Sec VII DRE Technical Specifications Round 2 Page 14 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance equivalent meaning 17 1 The EMS shall enable its user to select a period of date time to display the concerned contents of the log files 18 The EMSshall allow the export of its databases or data tables containing the information of these reports in MySQL or CSV file format 19 The EMS shall have a built in system functionality to allow back up of all data in the EMS server 19 1 The EMS shall generate the back up file in a data format that can readily be re used by the system for data recovery purposes 19 2 The EMS shall restore the back up file without its user having to manually regenerate any the needed files needed to continue working on the EMS based on the restored data 20 The EMS shall ensure the uniqueness of the generated ballot faces which may make use of ballot IDs or any other appropriate mechanism to ensure uniqueness and facilitate identification of the concerned ballot faces 21 The EMS shall have a built in functionality to display the hash code generated for it by an external hash code generator 21 1 The EMS
136. inal formats to be approved by COMELEC 32 7 2 The EMS shall be able to generate multi level i e national regional provincial and city municipal statistical reports on generated and not yet generated machine configuration files per date for all machines with summary and detailed listing based on the final formats to be approved by COMELEC 32 7 3 The EMS shall be able to generate multi level i e national regional provincial and city municipal statistical reports on generated and not yet generated machine usernames and or passwords with summary and detailed listing based on the final formats to be approved by COMELEC 32 7 4 The EMS shall be able to generate multi level lists of voting jurisdictions with summary and detailed statistical reports based on the final formats to be approved by COMELEC 32 7 5 The EMS shall be able to generate multi level lists of elective positions per voting jurisdiction with summary and detailed statistical reports based on the final formats to be approved by COMELEC Sec VII Page DRE Technical Specifications Round 2 25 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 32 7 6 The EMS shall be able to generate multi level lists of candidates per position per voting jurisdiction with
137. ing machines consumables manuals and training materials should be provided by the winning bidder 9 The winning bidder shall provide for replacement or additional manuals when required by the COMELEC 10 All oher requirements as listed in the TOR shall Sec VII DRE Technical Specifications Round 2 Page 67 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance be complied with by the winning bidder Risk Management and Contingency Planning The winning bidder shall provide the following 1 Risk management program that shall address security and other related risks environmental physical political people related risks etc that the project might encounter in the course of project implementation and more so anticipate the possible risks after the Project Such program shall include trainings and workshops that shall incorporate skills enhancement modules for all personnel involved in the Project Back up plan in case of systems failure in any of the Project components For this purpose a Contingency Plan Manual which shall cover all possible contingencies in all Project phases Technical Operational Training Administrative and Support Allied services aspects of the Project shall be submitted to COMELEC The said manual shall bring together all
138. inistrative civil and criminal sanctions as prescribed by RA 9184 and its IRR Opening and Preliminary Examination of Bids 24 The BAC shall open the first bid envelopes of Bidders in public as specified in the BDS to determine each Bidder s compliance with the documents prescribed in ITB Clause 12 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 SEC II ITB Page 25 24 2 24 3 24 4 24 5 24 6 Unless otherwise specified in the BDS immediately after determining compliance with the requirements in the first envelope the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated passed The second envelope of each complying bidder shall be opened within the same day 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 unless otherwise provided in ITB Clause 13 2 the B
139. initions 1 1 In this Contract the following terms shall be interpreted as indicated a b d The Contract means the agreement entered into between the Procuring Entity and the Supplier as recorded in the Contract Form signed by the parties including all attachments and appendices thereto and all documents incorporated by reference therein The Contract Price means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations he Goods means all of the supplies equipment machinery spare parts other materials and or general support services which the Supplier is required to provide to the Procuring Entity under the Contract The Services means those services ancillary to the supply of the Goods such as transportation and insurance and any other incidental services such as installation commissioning provision of technical assistance training and other such obligations of the Supplier covered under the Contract GCC means the General Conditions of Contract contained in this Section SCC means the Special Conditions of Contract The Procuring Entity means the organization purchasing the Goods as named in the SCC The Procuring Entity s country is the Philippines The Supplier means the individual contractor manufacturer distributor or firm supplying manufacturing the Goods and Services under
140. ion requested The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12 and13 In the event of any discrepancy between the original and the copies the original shall prevail The bid 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 Bidder Any interlineations erasures or overwriting shall be valid only if they are signed or initialed by the duly authorized representative s of the Bidder Sealing and Marking of Bids 20 1 Bidders shall enclose their original eligibility and technical documents described in ITB Clause 12 in one sealed envelope marked ORIGINAL TECHNICAL COMPONENT and the original of their financial component in another sealed envelope marked ORIGINAL FINANCIAL COMPONENT sealing them all in an outer envelope marked ORIGINAL BID SEC II ITB Page 23 20 2 20 3 20 4 20 5 21 22 23 Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as COPY NO __ TECHNICAL COMPONENT and COPY NO FINANCIAL COMPONENT and the outer envelope as COPY NO ___ respectively These envelopes containing the original and the copies shall then be enclosed in one single envelope The original and the number of copies of the Bid as indicated in the BDS shall be typed
141. ipal district lists with statistical reports of clustered precincts with established precincts included in the cluster together with number of registered voters 32 2 2 The EMS shall also be able to display summary and breakdown of statistical figures in relation to the above lists or displays to facilitate verification such as the number of elective positions and candidates per report total number of reports and number of data fields per report among others 323 The EMS shall allow for the editing or modification of entries or data provided by the winning bidder 32 4 The EMS shall employ at least three 3 levels of user access which shall be categorized at the very least as follows 32 4 1 The EMS shall employ a regular user level which shall be assigned with basic computer operational roles such as generation of approved configuration files EVM usernames and passwords and viewing of EMS data or as may be assigned or revoked by designated EMS Administrators Sec VII DRE Technical Specifications Round 2 Page 22 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 32 4 2 The EMS shall employ anintermediate user level which shall be assigned with regular user roles correction of imported data and approval of configuration
142. ired functions 10 1 The winning bidder shall furnish the Election Officer the complete names addresses and contact numbers of replacement technicians hired in the latter s area of jurisdiction 11 The COMELEC shall not be liable for the payment of technicians who resign or fail to report to duty 11 1 Neither shall it be obliged to pay any salary for the areas where no technicians were hired by the winning bidder 12 The winning bidder shall provide the sufficient number of qualified technical support personnel to man the technical hotlines and to give solution s to the reported problems at the NTSC Aside from the requirement of Head technical support who shall supervise his team the following are the requirements for all levels of technical support required for FTS and e Day Table of Qualificiations for different levels of Technical Support and schedule as indicated in the TOR under 12 12 1 Two 2 months before e Day the winning bidder shall provide for a procedures or set of rules to be followed at the NTSC by the technical support including documentation on the possible systems problems that may encounter and the possible solutions to the problems 12 2 The winning bidder shall submit resume Sec VII DRE Technical Specifications Round 2 Page 76 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply
143. ject delivers a range of Products which may be goods and services of an appropriate quality within time scales and budget 1 For purposes of evaluation of the bids the Bidders must describe their standards for audits including scope required conduct demands upon project personnel demands upon the COMELEC personnel and outputs 1 1 If the winning bidder is found to have given erroneous or conflicting data or information in the course of the Project s implementation inadvertently or otherwise it shall bear the corresponding costs for the rectification correction thereof and the imposition of applicable penalties and its effect to the provisions of the Contract pertinent thereto as the COMELEC may deem proper under the circumstances 2 The winning bidder shall provide pertinent guidelines and procedures to aid the COMELEC in the crafting and development of Sec VII DRE Technical Specifications Round 2 Page 72 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance Quality Assurance criteria for the evaluation of the various phases and or activities of the Project The following tasks shall also be required 3 1 Develop and implement procedures for the measurement and monitoring of the SLAs for the other components of the Project 3 2 Assist
144. klists that shall be used with the machines for the Tests Sec VII DRE Technical Specifications Round 2 Page 62 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 11 2 Supplies shall include paper needed for the printing of all reports the data storage devices and other supplies that may be needed by the system 11 3 The winning bidder shall ensure that sufficient and efficient technical support personnel are present during the conduct of the Tests 11 4 Aside from technical support personnel services for installation of equipment shall also be provided by the winning bidder 11 5 Sufficient standby units shall be provided on site by the winning bidder in case of defective units during the conduct of the Tests 11 6 To facilitate the monitoring of the conduct of all the above mentioned tests the winning bidder shall also provide a computerized Machine Inventory System the outputs of which shall also be used by the COMELEC which shall have the following minimum functionalities 11 6 1 Search capability using machine s serial number 11 6 2 Database export facility to CSV format 11 6 3 Report generation on 11 6 3 1 List of machines which passed the HAT PreLAT and all other hardware related tests 11 6 3 2 List of machines whic
145. l matters pertaining to the contract to be bid including a the location and the nature of this Project b climatic conditions c transportation facilities and d other SEC II ITB Page 11 6 5 6 6 6 7 6 8 factors that may affect the cost duration and execution or implementation of this Project The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity The Bidder shall bear all costs associated with the preparation and submission of his bid and the Procuring Entity will in no case be responsible or liable for those costs regardless of the conduct or outcome of the bidding process Before submitting their bids the Bidder is deemed to have become familiar with all existing laws decrees ordinances acts and regulations of the Philippines which may affect this Project in any way The Bidder should note that the Procuring Entity will accept bids only from those that have paid the nonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid 7 Origin of Goods Unless otherwise indicated in the BDS there is no restriction on the origin of goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations subject to ITB Clause 27 1 8 Subcontracts 8 1
146. lection data on information on members of the Boards of Election Inspectors BEL such as but not limited to the following 10 9 1 The EMS shall enable COMELEC to manage BEI members full names as election data 10 9 2 The EMS shall enable COMELEC to manage BEI members positions in the Board such as BEI Chairman BEI Poll Clerk BEI Member EVM Technical Support as election data 10 9 3 The EMS shall enable COMELEC to manage BEI members positions area of assignment as election data 10 9 4 The EMS shall enable COMELEC to manage BEI members user identification ID and passwords for EVM access as election data 10 9 5 The EMS shall enable COMELEC to manage BEI members digital certificates or private public key pairs Sec VII DRE Technical Specifications Round 2 Page 9 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance for EVM access as election data 10 9 6 As a customization requirement the EMS shall enable COMELEC to manage other BEI members data that shall be needed in the configuration of ballots and EVMs 11 The EMS shall be capable of importing pre election configuration data from existing COMELEC MySQL and CSV or comma separated values data files as part of its data management capabilities 11
147. lowed to retrieve its original bid but shall be allowed to submit another bid equally sealed properly identified linked to its original bid marked as TECHNICAL MODIFICATION Or FINANCIAL MODIFICATION and stamped received by the BAC Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened A Bidder may through a Letter of Withdrawal withdraw its bid after it has been submitted for valid and justifiable reason provided that the Letter of Withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids Bids requested to be withdrawn in accordance with ITB Clause 23 1 shall be returned unopened to the Bidders A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids A Bidder that withdraws its bid shall not be permitted to submit another bid directly or indirectly for the same contract No bid may be modified after the deadline for submission of bids No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Financial Bid Form Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder s bid security pursuant to ITB Clausel8 5 and the imposition of adm
148. lure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements under this Clause or a finding against SEC II ITB Page 30 20 3 29 4 29 5 29 6 the veracity of such shall be ground for forfeiture of the bid security and disqualification of the Bidder for award The determination shall be based upon an examination of the documentary evidence of the Bidder s qualifications submitted pursuant to ITB Clauses 12 and 13 as well as other information as the Procuring Entity deems necessary and appropriate using a non discretionary pass fail criterion If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria for post qualification it shall declare the said bid as the Lowest Calculated Responsive Bid and recommend to the Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or its calculated bid price whichever is lower A negative determination shall result in rejection of the Bidder s Bid in which event the Procuring Entity shall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder s capabilities to perform satisfactorily If the second Bidder however fails the post qualification the procedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid and so on until the Lowest Calculated Responsive Bid is determined for contract award Within a period
149. mined the existence of conditions that make Project Implementation economically financially or technically impractical and or unnecessary such as but not limited to fortuitous event s or changes in law and national government policies The Goods that have been delivered and or performed or are ready for delivery or performance within thirty 30 calendar days after the Supplier s receipt of Notice to Terminate shall be accepted by the Procuring Entity at the contract terms and prices For Goods SEC IV GCC Page 18 23 3 not yet performed and or ready for delivery the Procuring Entity may elect a to have any portion delivered and or performed and paid at the contract terms and prices and or b to cancel the remainder and pay to the Supplier an agreed amount for partially completed and or performed goods and for materials and parts previously procured by the Supplier If the Supplier suffers loss in its initial performance of the terminated contract such as purchase of raw materials for goods specially manufactured for the Procuring Entity which cannot be sold in open market it shall be allowed to recover partially from this Contract on a quantum meruit basis Before recovery may be made the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be made 26 Termination for Unlawful Acts 26 1 The Procuring Entity may terminate this Contrac
150. n Section VI Schedule of Requirements a performance or supervision of on site assembly and or start up of the supplied Goods b furnishing of tools required for assembly and or maintenance of the supplied Goods c furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods d performance or supervision or maintenance and or repair of the supplied Goods for a period of time agreed by the parties provided that this service shall not relieve the Supplier of any warranty obligations under this Contract and e training of the Procuring Entity s personnel at the Supplier s plant and or on site in assembly start up operation maintenance and or repair of the supplied Goods The Contract price for the Goods shall include the prices charged by the Supplier for incidental services and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services Spare Parts The Supplier is required to provide all of the following materials notifications and information pertaining to spare parts manufactured or distributed by the Supplier a such spare parts as the Procuring Entity may elect to purchase from the Supplier provided that this election shall not relieve the Supplier of any warranty obligations under this Contract and b in the event of termination of production of the spare parts i advance notification to the
151. nce and support shall include but shall not be limited to 3 1 1 Providing advice and recommendation to improve the information dissemination and education campaign of the COMELEC 3 1 2 Providing reference materials 3 1 3 Providing contact information and arranging consultations with other system users 3 1 4 Providing resource speakers 3 1 5 Providing technical assistance and consultancy in designing such information materials as may be from time to time required by the COMELEC in relation to the information and dissemination campaign of the COMELEC and Providing comprehensive public Sec VII DRE Technical Specifications Round 2 Page 70 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance relations support for the project 3 2 The winning bidder shall design develop and produce information materials for the following media 3 21 Print including but not limited to posters fliers streamers pamphlets and print advertisements and 3 2 2 Broadcast including but not limited to audio clips and video clips in the best suitable formats appropriate for radio airing and for uploading to the internet 3 3 The winning bidder shall also be responsible for designing developing and producing the foll
152. nduct a detailed evaluation of all bids rated passed using non discretionary pass fail criteria Unless otherwise specified in the BDS the BAC shall consider the following in the evaluation of bids a Completeness of the bid Unless the ITB specifically allows partial bids bids not addressing or providing all of the required items in the Schedule of Requirements including where applicable bill of quantities shall be considered non responsive and thus automatically disqualified In this regard where a required item is provided but no price is indicated the same shall be considered as non responsive but specifying a 0 zero for the said item would mean that it is being offered for free to the Procuring Entity and D Arithmetical corrections Consider computational errors and omissions to enable proper comparison of all eligible bids It may also consider bid modifications if allowed in the BDS Any adjustment shall be calculated in monetary terms to determine the calculated prices SEC II ITB Page 29 28 4 28 5 28 6 29 Based on the detailed evaluation of bids those that comply with the above mentioned requirements shall be ranked in the ascending order of their total calculated bid prices as evaluated and corrected for computational errors discounts and other modifications to identify the Lowest Calculated Bid Total calculated bid prices as evaluated and corrected for computational errors discounts
153. ng the submission of its Bid unless specified as a customization requirement It shall have the following general capabilities 5 1 The EMS shall have system administration utilities as a general capability which shall Sec VII DRE Technical Specifications Round 2 Page 5 Statement of e Compliance x ae T 1 REQUIREMENTS SPECIFICATIONS Just state Qi epi db ie Comply or Supporting NIGE Compl Statement of Py Compliance be used in managing user accounts rights and privileges including system and audit log files monitoring and backup files generation among others 5 2 The EMS shall have pre election data management as a general capability which shall be used in managing all data to be used for election purposes including data import of election data files from existing COMELEC software applications 5 3 The EMS shall have election configuration files management and generation as a general capability which shall be used in generating the location specific configuration files for each DRE or Electronic Voting Machine EVM 5 4 The EMS shall have ballot definition management and ballot face generation as a general capability which shall be used in managing the generation of the on screen digital ballot faces 5 5 The EMS shall have machine configuration management as a general capability which shall be used in turning on or off certain EVM functionalities
154. nology Skills as certified by COMELEC Physically fit and can work under pressure even on extended hours 1 1 5 Has no derogatory record in NBI 1 1 6 Able to speak read and write English or the local dialect where they will be assigned Not related within the fourth civil degree of consanguinity or affinity to any member of the BEI serving in the same Polling Center or to any national or local candidate to be voted for in the same city or to the latter s spouse and Has no pending case against him filed in COMELEC court for any election offense 1 2 The winning bidder shall provide COMELEC the complete list of technician with their complete addresses and contact numbers not later than 60 days before elections after consultation with the COMELEC 1 3 During the bidding the bidder shall submit a certification that the qualifications requirements for technician shall be provided by the winning bidder Sec VII DRE Technical Specifications Round 2 Page 74 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance There shall be one 1 technical coordinator who shall supervise all the technicians in all polling centers The technician shall be responsible for the installation and pullout of the machines and peripherals at the
155. ns Round 2 Page 39 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 38 2 The DRE system shall include in its EVM statistical report the number of registered voters for the precinct 38 3 The DRE system shall include in its EVM statistical report the number of voters who actually voted 38 4 The DRE system shall include in its EVM statistical report the number of under votes for every position 38 5 The DRE system shall include in its EVM statistical report the number of abstentions for every position 38 6 The DRE system shall include in its EVM statistical report the turn out for every precinct or the percentage of votes cast against total registered voters of the clustered precinct 38 7 The DRE system shall include in its EVM statistical report the fill up rate for every position which is defined by this formula 1 abstention sum of total votes per candidate 39 The DRE system shall employ error handling procedures including error recovery features the use of error prompts and other related instructions to recover from an error 39 1 The Bidder shall actually demonstrate this error handling functionality of the DRE system during the Systems Evaluation 40 The DRE system shall require security access key using password or physical security
156. ns under this Contract Warranty 17 1 17 2 17 3 17 4 17 5 The Supplier warrants that the Goods 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 Procuring Entity provides otherwise The Supplier 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 Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination In order to assure that manufacturing defects shall be corrected by the Supplier a warranty shall be required from the Supplier for a minimum period specified in the SCC The obligation for the warranty shall be covered by at the Supplier s option either retention money in an amount equivalent to at least ten percent 1076 of the final payment or a special bank guarantee equivalent to at least ten percent 1076 of the Contract Price or other such amount if so specified in the SCC The said amounts shall only be released after the lapse of the warranty period specified in the SCC provided however that the Supplies delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met The Procuring Entity shall promptly no
157. nted 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 Republic of the Philippines 4 2 This Contract has been executed in the English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English 5 Notices 5 1 Any notice request or consent required or permitted to be given or made pursuant to this Contract shall be in writing Any such notice request or consent shall be deemed to have been given or made when received by the concerned party either in person or through an authorized representative of the Party to whom the communication is addressed or when sent by registered mail telex telegram or facsimile to such Party at the address specified in the SCC which shall be effective when delivered and duly received or on the notice s effective date whichever is later SEC IV GCC Page 8 5 2 A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SCC for GCC Clause 5 1 6 Scope of Contract 6 1 6 2 The GOODS and Related Services to be provided shall be as specified in Section VI Schedule of Requirements This Contract
158. ntract is awarded ii The price for inland transportation insurance and other local costs incidental to delivery of the Goods to their final destination iii The price of other incidental services if any listed in the BDS b For Goods offered from abroad SEC II ITB Page 18 15 5 i Unless otherwise stated in the BDS the price of the Goods shall be quoted DDP with the place of destination in the Philippines as specified in the BDS In quoting the price the Bidder shall be free to use transportation through carriers registered in any eligible country Similarly the Bidder may obtain insurance services from any eligible source country ii The price of other incidental services if any listed in the BDS Prices quoted by the Bidder shall be fixed during the Bidder s performance of the contract and not subject to variation or price escalation on any account A bid submitted with an adjustable price quotation shall be treated as non responsive and shall be rejected pursuant to ITB Clause 24 All bid prices shall be considered as fixed prices and therefore not subject to price escalation during contract implementation except under extraordinary circumstances Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines and upon the recommendation of the Procuring Entity Nevertheless in cases
159. ny of its agencies offices corporations Or LGUs including foreign government foreign or international financing institution whose blacklisting rules have been recognized by the GPPB 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 Authorizing the Head of the Procuring Entity or its duly authorized representative s to verify all the documents submitted Ensuring that the signatory is the duly authorized representative of the Bidder 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 Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019 and Complying with existing labor laws and standards in the case of procurement of services Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned The Bidder is expected to examine all instructions forms terms and specifications in the Bidding Documents It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as it considers necessary or desirable as to al
160. od nature or complexity of the contract to be bid or when international participation will be more advantageous to the GOP a longer period for the preparation of bids is necessary the pre bid conference shall be held at least thirty 30 calendar days before the deadline for the submission and receipt of bids as specified in the BDS 9 2 Bidders are encouraged to attend the pre bid conference to ensure that they fully understand the Procuring Entity s requirements Non attendance of the Bidder will in no way prejudice its bid however the Bidder is expected to know the changes and or amendments to the Bidding Documents discussed during the pre bid conference 9 3 Any statement made at the pre bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental Bid Bulletin Clarification and Amendment of Bidding Documents 10 1 Bidders who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten 10 calendar days before the deadline set for the submission and receipt of bids 10 2 Supplemental Bid Bulletins may be issued upon the Procuring Entity s initiative for purposes of clarifying or modifying any provision of the Bidding Documen
161. od Sat 4 09 16 Mon 5 09 16 28 Testing and sealing of the VCMs DREs Sec 12 R A 9369 in relation to Sec 28 R A 8436 Mon 5 02 16 Fr 5 06 16 29 Election Day Mon 5 09 16 Mon 5 09 16 29 1 Convening of the Municipal City District Provincial and Regional Boards of Canvassers Mon 5 09 16 Mon 5 09 16 30 Count precinct and proclaim City Municipality winners Mon 5 09 16 Thu 5 12 16 31 Canvass results and proclaim winners Fri 5 13 16 Sun 5 15 16 32 Post Election Activities Tue 5 10 16 Mon 10 31 16 32 1 Back up Tue 5 10 16 Fri 6 24 16 32 1 Reverse Logistics Tue 5 10 16 Mon 10 31 16 32 3 Submission of all back up files configuration and Tue 5 10 16 Fri 6 10 16 election results 32 4 Turn over of all storage devices all consumables used 32 5 Submission of Post Election Reports Tue 5 10 16 Mon 10 31 16 Mon 10 31 16 Mon 10 31 16 33 Other Preparatory SK 2015 and NLE 2016 Activities Sun 2 01 15 Wed 6 08 16 33 1 Suspension of registration transfer of registration records validation of registration etc in connection with the February 21 2015 Sangguniang Kabataan Elections Comelec Resolution No 9005 dated October 21 2014 Sun 2 01 15 Sat 2 28 15 39 2 Election Period Gun Ban and other prohibitions related to this in connection with the February 21 2015 Sangguniang Kabataan Elections 15 days before Election Day and 9 days
162. ole proprietorship I am the sole proprietor of Name of Bidder with office address at address of Bidder If a partnership corporation cooperative or joint venture I am the duly authorized and designated representative of Name of Bidder with office address at address of Bidder 2 Select one delete the other If a sole proprietorship As the owner and sole proprietor of Name of Bidder I have full power and authority to do execute and perform any and all acts necessary to represent it in the bidding for Name of the Project of the Name of the Procuring Entity If a partnership corporation cooperative or joint venture I am granted full power and authority to do execute and perform any and all acts necessary and or to represent the Name of Bidder in the bidding as shown in the attached state title of attached document showing proof of authorization e g duly notarized Secretary s Certificate issued by the corporation or the members of the joint venture 3 Name of Bidder is not blacklisted or barred from bidding by the Government of the Philippines or any of its agencies offices corporations or Local 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 s
163. om voting up to proclamation of winning candidates Sec VII DRE Technical Specifications Round 2 Page 58 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 10 3 1 10 3 2 The test shall make use of machines which have already passed the HAT AII different modes or types of transmission devices and telecommunication service providers shall be used in this Test 10 3 3 The contingency plans for failure of devices and systems shall be simulated in this Test 10 3 4 Areas with stable unstable and without power supply and telecommunication service shall be the criteria for selection of the test areas including central server transparency server backup server web server NBOCs 10 3 5 The following shall be included in the test 10 3 5 1 EVM 10 3 5 2 Transmission 10 3 5 3 all levels of CCS and 10 3 5 4 central server transparency server backup server web server 10 4 Mock elections which shall be an actual demonstration to the public of the system s capabilities and readiness It shall be a simulation of e Day activities from voting up to proclamation of winning candidates after the successful conduct of the Lab and Field Tests 10 4 1 10 4 2 The test shall make use of machines which have alread
164. operational risks and problem areas with their corresponding solutions which shall be made into a repository of scenarios that shall apply if necessary to similar events in the conduct of future automated electoral exercises It shall further include the corresponding risk controls and assessments results from individual and collective feedbacks key risk indicators events such as losses and near misses current issues and remediation plans among others 2 1 This shall also include issue and conflict resolution in terms of providing Sec VII DRE Technical Specifications Round 2 Page 68 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance alternative courses of action in case of inevitable conflicts among the parties involved in the Project and the mitigation of risk in case there are any 2 2 The modules of the risk training and the Contingency Plan Manual shall be submitted to the COMELEC as indicated in the implementation calendar for its evaluation review and approval In the evaluation and review of said documents the Provider shall be required to provide a number of its personnel complement to the COMELEC to address all possible issues and concerns determine the soundness and workability of the proposed contingency measures and make sound proposals to chang
165. or its equivalent documents in case of foreign bidder Department of Trade and Industry DTI for sole proprietorship or its equivalent documents in case of foreign bidder Cooperative Development Authority for Cooperatives or its equivalent documents in case of foreign bidder B Original or Certified True Copy of the Mayor s Permit issued by the city or municipality where the principal place of business of the prospective bidder is located or its equivalent document in case of a foreign bidder G Original or Certified True Copy of the Tax Clearance per Executive Order No 398 Series of 2005 as finally reviewed and approved by the BIR II TECHNICAL DOCUMENTS D Sworn Statement duly notarized of all its ongoing and completed government and private contracts within six 6 years prior to the deadline for the submission and opening of bids including contracts awarded but not yet started if any using the prescribed form attached hereto as Annex B For completed contracts copies of the end user s acceptance official receipt s or any other competent proof evidencing said contracts should be appended to the sworn statement Sworn Statement duly notarized of at least one similar completed largest contract within six 6 years from the date of the opening of bids equivalent to at least 5076 of the ABC using the prescribed form attached hereto as Annex C F
166. orage devices for digital certificate 19 enrolment and SW management system hardware for digital 20 certificate enrolment and HW management system data storage devices for 21 digital certificates and HW secutiy keys EVM documentation 2 hard copy i di ff b Lb b bobo ble 23 EVM documentation soft SW copy data storage device for decryption system data storage device for settings configuration 1 2 SW scripts codes passwords 216 NLE Automation Project AES EMS and EVM FINANCIAL PROPOSAL BREAKDOWN Page 3 of 7 pages DESCRIP PURCHASE PURCHASE PURCHASE TION z TAX OPTION FOR TAX OPTION FOR TAX OPTION FOR EE YEAR NEE YEAR NN YEAR data storage devices for 2 settings configuration scripts codes passwords data storage devices for disk images for servers EMS files VCM files 5 ballot templates back up files data storage devices for EMS files VCM files ballot templates back up files procedures on restoration 7 of backup files and disk N A images application for 8 restoration of backup SW files and disk images data storage device for application and HW procedures on restoration of backup files and disk technical documentations for EMS VCM ballot N A printing hard copy technical documentations for EMS VCM ballot SW printing soft copy data storage device for 2 technical documentations HW for EMS VCM ballot printing Machine Movement Tracking System SW application Machine Movement
167. ost election report on all activities undertaken pertaining to the project C 1 17 Plan on the conduct of training tests setting up configuration FTS and e Day activities back up closing and other related activities C 1 18 Project management support C II Training C II 1 Training program for executives C II 2 First Extensive Training or transfer of technology before the customization of systems for testing and preparation of customization requirements Second Extensive Training or transfer of technology using the final customized system C II 3 Training for Trainers and DOST Certifiers CLITA Training Programs for BEIs and Random Manual Audit team C II 5 Training for Technical Support C II 6 Re Training of Comelec trainers in case of substantial change in the system C II 7 Training Materials CT Risk Management and Contingency Plan C III 1 Risk Management Program C III 2 Back up Plan in case of systems failure in any of the project components C III 2 2 The modules of the risk training and the Contingency Plan Manual and personnel complement C III 3 Risk monitoring tools manual and automated C IV Plan on the proposed Change Management Services C IV 3 1 Adequate assistance and logistical support in the conduct of the information assistance and education campaign C IV 3 2 Information materials C IV 3 3 1 A comprehensive manual on the use and operation of the system
168. ovided applications and third party systems 2 5 Format or template of EVM file output input to CCS and central server and CCS output input to next level CCS and central server 2 6 Repair troubleshooting tuning up and Sec VII DRE Technical Specifications Round 2 Page 66 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance maintenance of hardware and software 2 7 Designing printing and reformatting ballot faces and all election reports 2 8 Safeguards to prevent and detect tampering or theft 2 9 Critical system errors 2 10 Security and intrusion prevention and detection systems and 2 11 Contingency plan 3 Atraining for trainers and DOST certifiers which shall include 3 1 Setting up and testing the machines and components thereof 3 2 Proper operation and security of the machines from start to finish 3 3 Troubleshooting methods to quickly identify and resolve problems 4 Training programs for the BEIs and Random Manual Audit Team subject to COMELEC approval 5 Training for the Technical Support 6 Re training of COMELEC trainers in case of substantial changes in the system 7 Training materials should be submitted to and approved by COMELEC prior to printing and 8 All train
169. owing 3 8 4 A comprehensive manual on the use and operation of the system 3 3 2 A comprehensive list of frequently asked questions with suggested answers on the use and operation of the system and 3 8 3 Such other information materials as may from time to time be reasonably and seasonably required by the COMELEC 3 4 The winning bidder shall provide an adequate number of demo units for road show to be taken from the contingency units 3 5 The winning bidder shall co develop and co maintain in close coordination with a COMELEC designated webmaster a voter education and information website for this project Sec VII DRE Technical Specifications Round 2 Page 71 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance The proposal shall include the delivery of all requirements including hardware software services technical training and communications link which shall be formally turned over to the COMELEC upon the completion of the project 4 Alloher requirements as listed in the TOR shall be complied with by the winning bidder Quality Control and Quality Assurance The COMELEC shall conduct a project audit at periodic intervals of the progress of the winning bidder s schedule of work and deliverables to ensure that the Pro
170. plier s time for performance in which case the extension shall be ratified by the parties by amendment of Contract 18 3 Except as provided under GCC Clause 22 a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 19 unless an extension of time is agreed upon pursuant to GCC Clause 29 without the application of liquidated damages Liquidated Damages Subject to GCC Clauses 18 and 22 if the Supplier fails to satisfactorily deliver any or all of the Goods and or to perform the Services within the period s specified in this Contract inclusive of duly granted time extensions if any the Procuring Entity shall without prejudice to its other remedies under this Contract and under the applicable law deduct from the Contract Price as liquidated damages the applicable rate of one tenth 1 10 of one 1 percent of the cost of the unperformed portion for every day of delay until actual delivery or performance The maximum deduction shall be ten percent 10 of the amount of contract Once the maximum is reached the Procuring Entity shall rescind the Contract pursuant to GCC Clause 23 without prejudice to other courses of action and remedies open to it Settlement of Disputes SEC IV GCC Page 15 20 1 21 22 20 2 20 3 20 4 20 5 If any dispute or difference of any kind whatsoever shall arise between the Proc
171. porting Statement of Compliance transmission to the polling centers and canvassing centers 12 6 2 Delivery of election supplies and paraphernalia ballots and ballot boxes to the Office of the Treasurer 12 6 3 Final Testing and Sealing 12 64 Voting counting and canvassing and 12 65 Pull out of machines 12 7 NTSC operations and systems security shall be controlled by the COMELEC 12 71 All passwords or security controls of the system shall be provided and handled by COMELEC 13 The bidder shall submit the number of technical support personnel to be hired and the plan for hiring training documentation and operational procedures 14 All activities to be undertaken by the winning bidder at the NTSC such as planning preparation training setting up execution back up closing and other related activities shall be coordinated and approved by COMELEC 15 The winning bidder through COMELEC shall coordinate with the NTSC provider on the requirements for space system data reporting coordination and other related requirements 16 The winning bidder shall provide coordinators with field of specialization on all items above and shall submit proof of specialization such as resume certification of expertise certification of number of years of experience and the like Sec VII DRE Technical Specifications Round 2 Page 78 REQUIREMEN
172. r to conduct these QC and QA procedures shall be subject to imposition of the corresponding penalties 10 2 1 3 The test shall include a compliance verification of technical specifications as stated in this TOR and in the Systems Customization requirements including 10 2 1 3 1 Accuracy test which shall be a test for the correctness of interpretation of votes as selected on EVM in accordance with the accuracy rating as indicated in this TOR Sec VII DRE Technical Specifications Round 2 Page 53 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 10 2 1 3 2 VVPAT test which shall be a test of the accuracy of votes indicated in the VVPAT and verification of security marks 10 2 1 3 3 Access levels test which shall be a test of the availability and differences of levels of access into the system 10 2 1 3 4 Access security test which shall be a test for the effectiveness of the built in security features of the system against attempts on unauthorized access into the system 10 2 1 3 5 Data encryption decryption test which shall be a test for the availability of data encryption and decryption measures and its effectiveness in securing the system s data structure 10 2 1 3 6 Digital signature test which shall be a t
173. racts DATE OF DELIVERY DATE OF END USER S ACCEPTANCE OR OFFICIAL NAME OF THE CONTRACT DATE OF THE CONTRACT KINDS OF GOODS SERVICES AMOUNT OF CONTRACT RECEIPT 0 R DATE AND O R NUMBER ISSUED FOR THE CONTRACT CERTIFIED CORRECT Name amp Signature of Authorized Representative Position Date SAMPLE JURAT FOR NOTARIZATION SUBSCRIBED AND SWORN to before me this day of in affiant exhibiting to me his her government issued identification in the form of issued on at and valid until as competent evidence of identity Doc No Page No Book No Series of ANNEX C Bidder s Company Letterhead SWORN STATEMENT OF THE BIDDER S SINGLE COMPLETED CONTRACT AMOUNTING TO AT LEAST FIFTY PERCENT 50 OF THE APPROVED BUDGET OF THE CONTRACT ABC L having been designated as duly authorized representative of do hereby certify that Our company has successfully completed a single similar contract adjusted to current prices using the National Statistics Office consumer price indices available at Phil GEPS website the value of which is at least Fifty Percent 50 of the Approved Budget of the Contract ABC of this the details of which are as follows DATE OF END USER S ACCEPTANCE OR NAME OF THE DATE OF THE KINDS OF AMOUNT OF CONTRACT CONTRACT GOODS SERVICES CONTRACT PATE OE ER pire E ER ISSUED FOR THE
174. ramuros Manila Opening of Bids shall be on the same day March 30 2015 10 00 am at the COMELEC Session Hall 8th Floor Palacio del Gobernador Bldg Gen Luna cor Postigo Sts Intramuros Manila 7 Bids will be opened in the presence of the Bidders representatives who choose to attend at the address below All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 18 Late bids shall not be accepted 8 The COMELEC reserves the right to accept or reject any bid to annul the bidding process to reject all bids at any time prior to contract award or to reduce the corresponding ABC and Terms of Reference TOR without thereby incurring any liability to the affected bidder or bidders For further information please visit or contact BAC SECRETARIAT OFFICE Commission on Elections 7th Floor Palacio del Gobernador Bldg Gen Luna cor Postigo Sts Intramuros Manila Tel No 527 5760 Telefax No 527 2774 E mail Address comelecbac amp gmail com COMELEC Website www comelec gov ph sgd HELEN G AGUILA FLORES BAC Chairperson Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION II Instructions to Bidders LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMIT
175. reated configuration The EMS shall able to distinguish if data that it is managing came from the COMELEC EMS and shall not allow these data to be modified 32 1 2 The EMS shall only allow modification of data that have been created in it or inputted to it including all data that is not a part of the imported data from the COMELEC EMS 32 2 The EMS shall be able to generate and display imported data and set configurations together with a summary of the results for verification purposes 32 2 1 The EMS shall provide different options for filtering display or views of the imported data and set configurations to facilitate verification such as but not limited to the following 32 2 1 1 Based on imported data the EMS shall provide multi level i e national regional provincial city municipal lists with statistical reports ofgeographical divisions with the underlying subdivisions and the number of Sec VII DRE Technical Specifications Round 2 Page 20 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance registered voters 32 2 1 2 Based on imported data the EMS shall provide multi level i e national regional provincial city municipal lists with statistical reports of voting jurisdictions with the number of registered vote
176. red iii The procuring entity has trained cost estimators on estimating prices and analyzing bid variances iv The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer s procuring entity s estimate v The procuring entity has established a system to monitor and report bid prices relative to ABC and procuring entity s estimate The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works Alternative Bids Alternative Bids shall be rejected For this purpose alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two 2 or more separate bid envelopes Bid Prices 15 1 The Bidder shall complete the appropriate Price Schedules included herein stating the unit prices total price per item the total amount and the expected countries of origin of the Goods to be supplied under this Project SEC II ITB Page 17 15 2 15 3 15 4 The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities Bids not addressing or providing all of th
177. regional districts councilor districts and post embassies which is applicable for participating Overseas Voting OV countries only and precincts 10 3 The EMS shall enable COMELEC to manage its election data on number of registered voters per established precinct 10 4 The EMS shall enable COMELEC to manage its election data on number of registered voters per clustered precinct 10 5 The EMS shall enable COMELEC to manage its election data on elective positions and number of seats to be voted for per position 10 6 The EMS shall enable COMELEC to manage its election data on candidate information such as full name nickname stage name elective position gender political party affiliation Sec VII DRE Technical Specifications Round 2 Page 8 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance jurisdiction where thecandidate intends to run 10 7 The EMS shall enable COMELEC to manage Arabic text which shall be used to show the equivalent Arabic translation of the English label of elective positions in the ballots for the Autonomous Region in Muslim Mindanao ARMM areas 10 8 The EMS shall enable COMELEC to manage title and date of elections as election data 10 9 The EMS shall enable COMELEC to manage its e
178. rices SEC IV GCC Page 9 10 11 9 1 92 For the given scope of work in this Contract as awarded all bid prices are considered fixed prices and therefore not subject to price escalation during contract implementation except under extraordinary circumstances and upon prior approval of the GPPB in accordance with Section 61 of R A 9184 and its IRR or except as provided in this Clause Prices charged by the Supplier for Goods delivered and or services performed under this Contract shall not vary from the prices quoted by the Supplier in its bid with the exception of any change in price resulting from a Change Order issued in accordance with GCC Clause 29 Payment 10 1 10 2 10 3 10 4 Payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted Except with the prior approval of the President no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under this Contract Ten percent 10 of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier s warranty obligations under this Contract as described in GCC Clause 17 The Supplier s request s for payment shall be made to the Procuring Entity in writing accompanied by an invoice describing as appropriate
179. round 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 this Contract should not be terminated and iv special instructions of the Procuring Entity if any The Notice to Terminate shall be accompanied by a copy of the Verified Report Within a period of seven 7 calendar days from receipt of the Notice of Termination the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated If the Supplier fails to show cause after the lapse of the seven 7 day period either by inaction or by default the Head of the Procuring Entity shall issue an order terminating this Contract The Procuring Entity may at any time before receipt of the Supplier s verified position paper described in item d above withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed delivered or performed before the Supplier s receipt of the notice Within a non extendible period of ten 10 calendar days from receipt of the verified position paper the Head of the Procuring Entity shall decide whether or not to terminate this Contract It shall serve a written notice to the Supplier SEC IV GCC Page 20 h of its decision and unless otherwise provided this Contract is deemed terminated from receipt of the
180. rovision 3 12 Provide for the safekeeping storing and archiving of physical or paper resource used in the election process Sec VII DRE Technical Specifications Round 2 Page 4 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 3 13 Utilize or generate official ballots as herein defined 3 14 Provide the voter a system of verification to find out whether or not the machine has registered his choice 3 15 Configure access control for sensitive system data and functions Election Management System EMS The Bidder shall show proof of compliance to the following minimum technical specifications for the required Automated Election System AES for the 2016 NLE The Bidder s claims of compliance shall be supported by documentary evidence and shall be verified and validated by a product and or systems test to be conducted by COMELEC as applicable The EMS shall refer to a single unified software application which shall enable the COMELEC to completely and fully manage all pre election data requirements for election configuration purposes without the use of other software unless otherwise specified herein The EMS shall comply with the following minimum requirements which shall be able to be demonstrated by the Bidder as compliant duri
181. rs 32 2 1 3 Based on imported data the EMS shall provide multi level i e national regional provincial city municipal lists with statistical reports of elective positions and number of seats to vote for each position together with other positions that may be added before the elections 32 2 1 4 Based on imported data the EMS shall provide multi level i e national regional provincial city municipal district lists with statistical reports of candidates per voting jurisdiction and for other geographic subdivisions that may be added before the elections 32 2 1 5 Based on imported data the EMS shall provide multi level i e national regional provincial city municipal district lists with statistical reports of established precincts with number of registered voters 32 2 1 6 Based on imported data the EMS shall provide multi level i e national regional provincial Sec VII DRE Technical Specifications Round 2 Page 21 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance city municipal district lists with statistical reports of clustered precincts with number of registered voters 32 2 7 Based on imported data the EMS shall provide multi level i e national regional provincial city munic
182. ructions No further instructions Bids will be valid until one hundred twenty 120 calendar days from the date of opening of bids The acceptable forms of Bid Security shall include any of the following Cash cashier s check manager s check bank draft guarantee confirmed by a Universal or Commercial bank amounting to Two Percent 2 of the ABC Irrevocable letter of credit issued by a Universal or Commercial Bank confirmed or authenticated by a Universal or Commercial Bank if issued by a foreign bank amounting to Two Percent 2 of the ABC Surety bond in the amount of five percent 5 of the ABC callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security Any combination of the foregoing Should the bidder opt to use a Bid Securing Declaration BSD pursuant to GPPB Resolution No 25 2013 dated August 30 2013 any of the above mentioned forms shall likewise be submitted together with the BSD pursuant to COMELEC Minute Resolution No 14 0414 dated June 11 2014 The bid security shall be valid until one hundred twenty 120 calendar days from the date of opening of bids 18 5 a iv Additional grounds for forfeiture of bid security 1 Submission of eligibility requirements containing false information or falsified documents 2 Submission of bids that contain false information or
183. run 25 7 The EMS shall be capable of managing pre election configuration data by importing COMELEC EMS data on Arabic text 26 The EMS shall be operated and accessed by authorized and authenticated users only with the use of unique usernames and user modifiable passwords at the very least with multiple user access levels 27 All indicated EMS system functionalities shall be made available for access from EMS workstations or clients and not from the Server 28 The Bidder shall submit with its bid proposal the total number of lines of code of all proposed systems which would be the subject of the source code review together with a breakdown of the corresponding lines of code for all related components Sec VII DRE Technical Specifications Round 2 Page 18 Statement of tp Compliance x ee x 1 REQUIREMENTS SPECIFICATIONS Just state Pe ae eee Comply or Supporting NIGE Compl Statement of Py Compliance 29 The EMS shall be able to importlarge data without manually dividing the files into parts 29 1 For the User Acceptance Test UAT the winning bidder shall be able to demonstrate the capability of its EMS system to import a large data file with a minimum file size of 5GB without manually dividing it into smaller parts 29 2 The winning Bidder shall provide the appropriate and sufficient software and hardware to COMELEC which shall be able to accommoda
184. sful Bidder that its bid has been accepted the Procuring Entity shall send the Contract Form to the Bidder which contract has been provided in the Bidding Documents incorporating therein all agreements between the parties Within ten 10 calendar days from receipt of the Notice of Award the successful Bidder shall post the required performance security and sign and date the contract and return it to the Procuring Entity SEC II ITB Page 33 22 3 32 4 The Procuring Entity shall enter into contract with the successful Bidder within the same ten 10 calendar day period provided that all the documentary requirements are complied with The following documents shall form part of the contract a Contract Agreement b Bidding Documents c Winning bidder s bid including the Technical and Financial Proposals and all other documents statements submitted d Performance Security e Credit line in accordance with ITB Clause 5 5 if applicable f Notice of Award of Contract and g Other contract documents that may be required by existing laws and or specified in the BDS 33 Performance Security 33 1 33 2 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 Procuring Entity and in no case later than the signing of th
185. shall be able to make use of alternative power sources such as batteries or power generators which shall enable the EVM to fully operate for at least 14 hours 23 1 For this purpose the winning bidder shall provide the alternative power source which may or may not be integrated in EVM 23 1 1 23 1 2 If batteries shall be provided the winning Bidder shall ensure that the batteries are fully charged prior to deployment from central warehouse and shall shoulder the cost for the same If power generators shall be provided the winning Bidder shall also shoulder Sec VII DRE Technical Specifications Round 2 Page 34 Statement of e Compliance UE CAE REQUIREMENTS SPECIFICATIONS lo in Bidder s Bid Comply or Supporting aN Compl Statement of Py Compliance the cost of the fuel in its Bid 23 13 In case other alternative power sources shall be provided the winning Bidder shall also shoulder all related costs in order to readily use said power Sources 23 2 The DRE system shall enable the seamless transfer of power supply from the main source to alternative power 24 The DRE system shall be capable to authenticate from the configuration specified number of BEI members and to digitally sign the precinct results before printing the ER and transmitting the same to the EMS configured destination 25 The winning bidder shall also provide for all requirem
186. summary and detailed statistical reports based on the final formats to be approved by COMELEC 32 8 The EMS shall be able to generate a checklist for visual monitoring of the status of generation of ballot faces and of machine configuration files as of report generation 32 9 The winning bidder shall be further required to customize the EMS in order to be compatible with COMELEC s existing Consolidation Canvassing System CCS at no additional cost to the Commission 32 10 The EMS shall have a functionality for selecting information to add to or remove from the information available in all of the EMS displays screens and reports based on assigned user rights and privileges 32 11 The EMS shall have a functionality for renaming labels of information available in EMS displays screens and reports based on assigned user rights and privileges to suit COMELEC terminologies and how they are used 33 AII related requirements by the EMS which are needed to make it fully operational for the entire duration of the project including requirements for all tests Final Testing and Sealing FTS training public demo certification E Day shall be included in the Sec VII DRE Technical Specifications Round 2 Page 26 Statement of tp Compliance S REQUIREMENTS SPECIFICATIONS uM in Bidder s Bid Comply or Supporting NIGE Compl Statement of Py Compl
187. t in case Sec VII DRE Technical Specifications Round 2 Page 28 Statement of e Compliance T gee REQUIREMENTS SPECIFICATIONS lo in Bidder s Bid Comply or Supporting NIGE Compl Statement of Py Compliance that voting has been locked the EMS configured number of authorized BEI members shall be able to unlock the EVM in order to have the concerned voter continue with the voting procedure 7 2 The EMS shall be capable of enabling or disabling this functionality of EVM locking and unlocking 8 The DRE system shall generate and print a machine readable copy of the voter s vote for the voter s verification or voter verified paper audit trail VVPAT with the use of 2D barcode QR Code or other related technologies 8 1 The final format of the VVPAT shall be subject to modification and approval by COMELEC during the Systems Customization Phase 8 2 The DRE system shall enable the printed VVPAT contents to be verifiable using a barcode OR code or any related technology reader 8 2 1 For this purpose the winning Bidder shall also provide with its Bid ten 10 units of barcode OR code readers or whatever is applicable to COMELEC 9 The DRE system shall make use of VVPAT paper that have appropriate and necessary safeguards to determine the authenticity of a VVPAT such as but not limited to the use of bar codes OR codes and the like Sec VII DRE Te
188. t in case it is determined prima facie that the Supplier has engaged before or during the implementation of this Contract in unlawful deeds and behaviors relative to contract acquisition and implementation Unlawful acts include but are not limited to the following a Corrupt fraudulent and coercive practices as defined in ITB Clause 3 1 a b Drawing up or using forged documents c Using adulterated materials means or methods or engaging in production contrary to rules of science or the trade and d Any other act analogous to the foregoing 27 Procedures for Termination of Contracts 27 1 The following provisions shall govern the procedures for termination of this Contract a Upon receipt of a written report of acts or causes which may constitute ground s for termination as aforementioned or SEC IV GCC Page 19 b d f upon its own initiative the Implementing Unit shall within a period of seven 7 calendar days verify the existence of such ground s and cause the execution of a Verified Report with all relevant evidence attached Upon recommendation by the Implementing Unit the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveying the termination of this Contract The notice shall state i that this Contract is being terminated for any of the ground s afore mentioned and a statement of the acts that constitute the g
189. t the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid The procedure shall be repeated until the LCRB is identified and selected for contract award However if no Bidder passed post qualification the BAC shall declare the bidding a failure and conduct a re bidding with re advertisement 34 Notice to Proceed 34 1 Within three 3 calendar days from the date of approval of the contract by the appropriate government approving authority the Procuring Entity shall issue its Notice to Proceed to the Bidder 34 2 The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity which date shall not be later than seven 7 calendar days from the issuance of the Notice to Proceed e F THEY Republic of the Philippines COMMISSION ON ELECTIONS Manila SECTION III Bid Data Sheet LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTIONS BAC Reference No 02 2014 AES DRE BIDS AND AWARDS COMMITTEE 2015 Section III BID DATA SHEET ITB Clause 1 1 The Procuring Entity is the COMMISSION ON ELECTIONS COMELEC 1 2 The lot and reference is LEASE WITH OPTION TO PURCHASE OF ELECTION MANAGEMENT SYSTEM EMS AND PRECINCT BASED DIRECT RECORDING ELECTRONIC DRE TECHNOLOGY FOR THE 2016 NATIONAL AND LOCAL ELECTI
190. tatements and information provided therein are true and correct SEC VIII BIDDING FORMS Page 9 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 am not related to the Head of the Procuring Entity members of the Bids and Awards Committee BAC the Technical Working Group and the BAC Secretariat the head of the Project Management Office or the end user unit and the project consultants by consanguinity or affinity up to the third civil degree If a partnership or cooperative None of the officers and members of Name of Bidder is related to the Head of the Procuring Entity members of the Bids and Awards Committee BAC the Technical Working Group and the BAC Secretariat the head of the Project Management Office or the end user unit and the project consultants by consanguinity or affinity up to the third civil degree If a corporation or joint venture None of the officers directors and controlling stockholders of Name of Bidder is related to the Head of the Procuring Entity members of the Bids and Awards Committee BAC the Technical Working Group and the BAC Secretariat the head of the Project Management Office or the end user unit and the project consultants by consanguinity or affinity up to the third civil degree 7 Ifan owner in case of single proprietorship
191. te the management of COMELEC data without adversely impacting data processing performance subject to the acceptance of COMELEC 293 If at any time during project implementation all provided hardware and software shall be verified by COMELEC to be insufficient to meet COMELEC s data processing needs for the purpose the winning Bidder shall be liable to upgrade or replace the same at no extra cost to COMELEC and without causing substantial delay in its Implementation Calendar 30 The base Source Code of the EMS shall be made available to COMELEC not later than 60 days from the issuance of the Notice of Award for purposes of Source Code Review by interested parties subject to rules and regulations for the same COMELEC 31 The EMS shall be customizable in accordance with the requirements of this TOR Sec VII DRE Technical Specifications Round 2 Page 19 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 32 The EMS shall be required to comply the following minimum customizable functionalities to be tested and verified during the scheduled systems customization period as indicated in the 2016 NLE Implementation Calendar or before the systems acceptance 32 1 1 32 1 The EMS system shall not allow edit delete or add to the data imported from COMELEC EMS c
192. ted in the Systems Customization phase 14 The EMS shall be able to generate the election configuration files needed to configure the EVM 14 1 The EMS shall be able to automatically generate location specific configuration files 14 2 14 3 The EMS shall be able to restrict the votes that can be accepted by each machine depending on its configured location of assignment The EMS shall be able to restrict the results that can be generated by each machine depending on its configured location of assignment 14 4 The configuration file s information shall include the date and title of the elections and the precinct for which the EVM was configured together with information on its corresponding region province city municipality or post embassy barangay voting center and candidate information including digital certificates and other such needed configuration data to ensure location specific configuration 15 The EMS shall have a ballot definition module which shall enable COMELEC to fully manage on screen digital ballot definition and design 15 1 The EMS s ballot definition module shall be able to automatically create the on screen Sec VII DRE Technical Specifications Round 2 Page 12 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compl
193. ted pursuant to GPPB Resolution No 21 2013 dated July 30 2013 Class B Document vii 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 viii Social Security Clearance SSS ix Department of Labor and Employment Clearance DOLE x Court Clearance Regional Trial Court SEC II ITB Page 15 b Technical Documents i Bid security in accordance with ITB Clause 18 If the Procuring Entity requires the bidders to submit the bid security in the form of i 1 a bank draft guarantee or an irrevocable letter of credit issued by a foreign bank it shall be accompanied by a confirmation from a Universal or Commercial Bank or i 2 a surety bond it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such instruments Conformity with technical specifications as enumerated and specified in Sections VI and VII of the Bidding Documents and Sworn statement in accordance with Section 25 2 a iv of the IRR of RA 9184 and using the form prescribed in Section VIII Bidding Forms Note Updated pursuant to GPPB Resolution No 25 2013 dated August 30 2013 and COMELEC Minute Resolution No 14 0414 dated June 11 2014
194. tem s geographic information province city municipality barangay polling place clustered precinct name station no of EVM in the precinct and other information that the system may require 18 The DRE system shall be able to generate an EML file in the data format to be specified by COMELEC For this purpose the COMELEC shall provide the template of the EML file to Sec VII DRE Technical Specifications Round 2 Page 32 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance the bidders 19 The Bidder shall actually demonstrate its system s compliance to hereinstated minimum requirements during the Systems Evaluation in the Post Qualification Stage 19 1 For purposes of the Systems Evaluation the EVM shall be configured using an EMS generated file based on imported COMELEC data 19 2 For purposes of the Systems Evaluation the EVM shall transmit its results to three 3 EMS designated destinations in separate recipient machines simulating the Central Server the Transparency Server and the City Municipal Board of Canvassers C MBOC 20 The DRE system shall employ sufficient security measures with regard to system access 20 1 Asa security access requirement the DRE system shall make use of unique user name ID and password for each member of
195. the BEI as an EVM user which shall identify the concerned BEI Member and shall likewise be recorded in all audit log entries 20 2 Asa security access requirement the DRE system shall make use of physical security devices such as but not limited to USB flash drives with digital certificates for each BEI Member 21 The DRE system s hardware shall have printing capability which shall be built in into the system Sec VII DRE Technical Specifications Round 2 Page 33 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 22 The DRE system s hardware shall have electronic transmission capability which may or may not be integrated into system and which shall enable the electronic transmission of election results to EMS configured destinations via wired or wireless technologies 22 2 22 2 1 22 1 The DRE system shall be capable of using GSM GPRS Ethernet VSAT and other transmission technologies The DRE system shall be capable of determining whether the transmission has been successfully sent or of confirming from the intended recipient the receipt of the transmitted election results As a customization requirement the specific EVM transmission notification to employ on e Day shall be configurable in the EMS 23 The DRE system s hardware
196. the Insurance Commission as authorized to issue such security d Any combination of the Proportionate to share of form foregoing with respect to total amount of security Five percent 5 For biddings conducted by LGUs the procuring entity may also require bidders to submit bid securities in the form of cashier s manager s check bank draft guarantee or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement Note Updated pursuant to GPPB Resolution No 25 2013 dated August 30 2013 and COMELEC Minute Resolution No 14 0414 dated June 11 2014 l l The bid security should be valid for the period specified in the BDS Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non responsive 1 2 No bid securities shall be returned to bidders after the opening of bids and before contract signing except to those that failed or declared as post disqualified upon submission of a written waiver of their right to file a motion for reconsideration and or protest Without prejudice on its forfeiture bid securities shall be returned only after the bidder with the Lowest Calculated and Responsive Bid has signed the contract and furnished the performance security but in no case later than the expiration of the bid security validity period indicated in ITB Clause18 2 1 3 Upon signing and execution of the contract pursuant
197. the contract are listed below 2 Name and Amount and Purpose of address of agent Currency Commission or gratuity if none state None 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 or any Bid you may receive We certify confirm that we comply with the eligibility requirements as per ITB Clause 5 of the Bidding Documents 1 If ADB JICA and WB funded projects use IFB 2 Applicable only if the Funding Source is the ADB JICA or WB SEC VIIL BIDDING FORMS Page 3 Dated this day of 20 signature in the capacity of Duly authorized to sign Bid for and on behalf of SEC VIII BIDDING FORMS Page 4 For Goods Offered From Abroad Name of Bidder Invitation to Bid Number Page of Pi eee ee ee Item Description Country Quantity Unit price CIF port of Total CIF or Unit Price Unit price Total Price of origin entry specify port or CIP price per Delivered Duty Delivered Duty delivered CIP named place item Unpaid DDU Paid DDP DDP specify border point col 4x5 col 4 x 8 or place of destination 3 if ADB JICA and WB funded projects use IFB SEC VIII BIDDING FORMS Page 5 For Goods Offered From Within the Philippines Name of Bidder Invitation to Bid Number Page of f pu um qus qncw p doc qo s clt um di
198. tify the Supplier in writing of any claims arising under this warranty Upon receipt of such notice the Supplier shall within the period specified in the SCC and with all reasonable speed repair or replace the defective Goods or parts thereof without cost to the Procuring Entity If the Supplier having been notified fails to remedy the defect s within the period specified in GCC Clause 174 the Procuring Entity may proceed to take such remedial action as may be SEC IV GCC Page 14 necessary at the Supplier s risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable law 18 Delays in the Supplier s Performance 19 20 18 1 Delivery of the Goods and or performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Procuring Entity in Section VI Schedule of Requirements 18 2 If at any time during the performance of this Contract the Supplier or its Subcontractor s should encounter conditions impeding timely delivery of the Goods and or performance of Services the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay its likely duration and its cause s As soon as practicable after receipt of the Supplier s notice and upon causes provided for under GCC Clause 22 the Procuring Entity shall evaluate the situation and may extend the Sup
199. tion which shall be a test of the system s capability to prepare all the needed configuration data for all voting and counting machines 10 2 23 Election data configuration Sec VII DRE Technical Specifications Round 2 Page 56 Statement of Specific Compliance Reference REQUIREMENTS SPECIFICATIONS Just state MUI SIUE Comply or Supporting Not Comply Statement of Compliance verification which shall be a test of the system s built in capability to verify the correctness of the generated configuration of its election data 10 2 2 4 Ballot face configuration which shall be a test of the system s capability to prepare all the needed configuration data for ballot face generation 10 2 2 5Ballot face configuration verification which shall be a test of the system s built in capability to verify the correctness of the generated ballot configuration 10 2 2 6EVM configuration which shall be a test of the system s capability to prepare all the needed configuration data for EVM 10 2 2 7 EVM configuration verification which shall be a test of the system s capability to verify the correctness of the generated ballot face machine configuration 10 2 2 8User friendly voting which shall be a test of the clarity of the messages as displayed on the machine s display and on the design of the ballot 10 2 2 9 Accurate counting which shall bea test for accurac
200. tion manual and its wordings shall be subject to approval and modification by the COMELEC 32 5 4 The EMS shall be easy to use in such a way that by just following the instructions in its built in User Manual a user shall be able to successfully create all configurations including the ballot faces and without manual intervention from outside the system 32 5 4 1 For this purpose the EMS built in User Manual shall contain complete accurate and understandable information and instructions on ballot configuration machine configuration data import error management systems administration 32 6 EMS user rights and privileges shall be different for each user access level with a basic set of permissions allowed per level 32 6 1 The EMS shall enable the addition of selected user rights and privileges from other user access levels 32 7 The EMS shall be able to generate the following reports as of date time of report Sec VII DRE Technical Specifications Round 2 Page 24 Statement of e Compliance x ae T 1 REQUIREMENTS SPECIFICATIONS Just state UE QUE Comply or Supporting aN Compl Statement of Py Compliance generation 32 7 1 The EMS shall be able to generate multi level i e national regional provincial and city municipal statistical reports on generated and not yet generated ballot faces per date with summary and detailed listing based on the f
201. tional circumstances prior to the expiration of the Bid validity period the Procuring Entity may request Bidders to extend the period of validity of their bids The request and the responses shall be made in writing The bid security described in ITB Clause 18 should also be extended corresponding to the extension of the bid validity period at the least A Bidder may refuse the request without forfeiting its bid security but his bid shall no longer be considered for further evaluation and award A Bidder granting the request shall not be required or permitted to modify its bid 18 Bid Security 18 1 The procuring entity shall prescribed in the BDS the acceptable forms of bid security the bidders may opt to use which shall include the Bid Securing Declaration and at least one 1 other form the amount of which shall be equal to a percentage of the ABC in accordance with the following schedule Amount of Bid Security oum UD Equal to Percentage of the ABC a Cash or cashier s manager s check issued by a Universal or Commercial Bank b Bank draft guarantee or irrevocable letter of credit issued by a Universal or Two percent 276 Commercial Bank Provided however that it shall be confirmed or authenticated by a Universal or Commercial Bank if issued by a foreign SEC II ITB Page 20 bank c Surety bond callable upon demand issued by a surety or insurance company duly certified by
202. tions 524 All consumables supplies and materials such as removable storage devices papers and the like which are needed by the system to be operational and which have used in all tests and from before to after e Day including all documentations shall be proposed as purchased and shall all be turned over to COMELEC at no additional cost 52 2 The winning Bidder shall not demand for additional payment from COMELEC to procure additional DRE system requirements during Project Implementation for items that it may have overlooked in its Bid Proposal 52 3 The Bidder shall make use of the Financial Proposal Template to indicate a detailed listing of the items with breakdown of costs in its proposal Sec VII DRE Technical Specifications Round 2 Page 46 Statement of spe Reference Compliance Bus iE REQUIREMENTS SPECIFICATIONS uM in Bidder s Bid Comply or Supporting NIGE Compl Statement of Py Compliance 524 The winning Bidder shall bear all additional costs for DRE system related goods and services that it failed to include in its proposal but shall be deemed required to be provided as part of the all requirements inclusivity specification 52 5 The winning bidder shall provide all hardware software and service requirements that are necessary to run the AES from preparation of configuration to post election including EVM modems back up power supplies or b
203. transmission 31 The DRE system shall automatically create and maintain an immutable and printable audit log report recording the following information at the minimum 31 1 The DRE system shall automatically record in its audit log the unique read only machine identifier or any other machine identifier that is unique to each EVM 31 2 The DRE system shall automatically record in its audit log the voting jurisdiction configuration 313 The DRE system shall automatically record in its audit log the date and time stamps of each system event and user interaction activity 31 4 The DRE system shall automatically record in its audit log the type of EVM event 31 5 The DRE system shall automatically record in its audit log the specific EVM action or activity 31 6 The DRE system shall automatically record in its audit log the specific identity of each user i e Chairman Poll Clerk Member as EVM user 31 7 The DRE system shall automatically record in its audit log the outcome success or failure of EVM events Sec VII DRE Technical Specifications Round 2 Page 37 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance 32 The DRE system shall require authorization from the configuration specified number of BEI members through the
204. ts not later than seven 7 SEC II ITB Page 13 11 12 calendar days before the deadline for the submission and receipt of bids Any modification to the Bidding Documents shall be identified as an amendment 10 3 Any Supplemental Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System PhilGEPS and the website of the Procuring Entity concerned if available It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental Bid Bulletins that may be issued by the BAC However Bidders who have submitted bids before the issuance of the Supplemental Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23 C Preparation of Bids Language of Bid The bid as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Procuring Entity shall be written in English Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines in which case the English translation shall govern for purposes of interpretation of the bid Documents Comprising the Bid Eligibility and Technical Components 12 1 Unless otherwise indicated in the BDS the first envelope shall contain the following eligi
205. ual transfer of storage devices 12 2 In case of only one 1 EVM allocated for the precinct the DRE system shall Sec VII DRE Technical Specifications Round 2 Page 30 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance immediately create the precinct s election results including logs and statistics after the closing of polls 13 The DRE system shall have a built in capability for a self diagnostic test of all EVM components to determine whether or not such components are functioning 13 1 The DRE system shall be able to print the EVM diagnostic report which shall show the status of the physical working condition of all EVM components 14 The DRE system shall have an Open Voting and a Close Voting mode 141 The Open Voting mode of the DRE system shall signal the start of allowing the voting in the EVM 14 1 1 The DRE system shall require a mandatory initialization of the system before the start of voting 14 12 The DRE system shall automatically print an Initialization Report after the mandatory initialization of the system 14 13 There zero function of the DRE system can no longer be used once the EVM is in Open Voting mode 142 The Close Voting mode of the DRE system shall signal the stop of allowing the voting into th
206. ubject to modification and finalization during the Systems Customization Phase 514 Entries in the EVM log files shall be written in such a way that they can be easily understood and shall not make use of coded language without readily providing the equivalent meaning and shall be subject to modification and finalization during the Systems Customization Phase 51 5 The DRE system shall allow the indication of a user specified date range for the selective display and printing of audit log Sec VII DRE Technical Specifications Round 2 Page 43 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance entries 51 6 The decryption and printing of each VVPAT and other encrypted files shall have the following additional functionalities 51 6 1 The decryption application shall generate the decrypted VVPAT image files with filenames including the province city municipality and clustered precinct codes 51 6 2 The decryption application shall allow the printing of the VVPAT images as stored in the system 51 6 3 51 6 4 The decryption application shall create a list of filenames of the VVPAT images The decryption application shall indicate the filename on top of each page 51 6 5 The decryption application shall generate t
207. ue of FIFTY 50 76 per cent of the ABC f The Bid security Payable to COMELEC shall be in the following amount 1 2 of ABC if bid security is in cash cashier s manager s check 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 bank a bank draft guarantee or an irrevocable letter of credit issued by a foreign bank it shall be accompanied by a confirmation from a Universal or Commercial Bank or 2 576 of ABC if bid security is in Surety Bond If surety bond it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such instruments or 3 Any combination of the foregoing proportionate to the share of form with respect to total amount of security 4 It shall guarantee that within 10 calendar days or less from receipt of the NOA it shall enter into contract with COMELEC ITB clause 32 2 5 Its validity shall not exceed the period of 120 Page 3 of 6 30 March 2015 Opening of Bids BAC REF NO 02 2014 AES DRE REQUIREMENTS CORPORATION SP PARTNERSHIP JOINT VENTURE PASSED FAILED PASSED FAILED calendar days from the date of opening of bids f 6 Bidders may submit Bid Securing Declaration BSD pursuant to
208. uring Entity and the Supplier in connection with or arising out of this Contract the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation If after thirty 30 days the parties have failed to resolve their dispute or difference by such mutual consultation then either the Procuring Entity or the Supplier may give notice to the other party of its intention to commence arbitration as hereinafter provided as to the matter in dispute and no arbitration in respect of this matter may be commenced unless such notice is given Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration Arbitration may be commenced prior to or after delivery of the Goods under this Contract In the case of a dispute between the Procuring Entity and the Supplier the dispute shall be resolved in accordance with Republic Act 9285 R A 9285 otherwise known as the Alternative Dispute Resolution Act of 2004 Notwithstanding any reference to arbitration herein the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree and the Procuring Entity shall pay the Supplier any monies due the Supplier Liability of the Supplier 21 1 21 2 The Supplier s liability under this Contract shall be as provided by the laws of the Republic of the Philippines
209. urns national returns audit log stats or other files 46 The DRE system s hardware shall have a display panel that is capable to display customizable messages or prompts of each stage of the process of execution including prompts and messages for user interaction Sec VII DRE Technical Specifications Round 2 Page 41 Statement of p Compliance Mod run REQUIREMENTS SPECIFICATIONS PUE in Bidder s Bid Comply or Supporting NIGE Cornin Statement of Py Compliance purposes 47 The DRE system shall accommodate at least two 2 storage devices and shall be capable of writing to the same all data files audit log statistics and VVPAT images simultaneously 47 1 The DRE system shall enable both copies of its data in the two 2 storage devices to be exact duplicates of each other 48 The DRE system shall be able to generate a back up copy of all e Day data of the EVM to a removable data storage device within reasonable time which shall not be longer than one 1 hour 48 1 The DRE system shall finalize and close the backup data in the removable storage device from further Write operations 49 The Bidder shall submit with its bid proposal the total number of lines of code of all proposed systems which would be the subject of the source code review together with a breakdown of the corresponding lines of code for all related components 50 The proposed DRE
210. use 33 2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance The performance security may be released by the Procuring Entity and returned to the Supplier after the issuance of the Certificate of Final Acceptance subject to the following conditions a There are no pending claims against the Supplier or the surety company filed by the Procuring Entity b The Supplier has no pending claims for labor and materials filed against it and c Other terms specified in the SCC In case of a reduction of the contract value the Procuring Entity shall allow a proportional reduction in the original performance security provided that any such reduction is more than ten percent 10 and that the aggregate of such reductions is not more than fifty percent 50 of the original performance security Use of Contract Documents and Information 14 1 14 2 The Supplier shall not except for purposes of performing the obligations in this Contract without the Procuring Entity s prior written consent disclose this Contract or any provision thereof or any specification plan drawing pattern sample or information furnished by or on behalf of the Procuring Entity Any such
211. use of Representatives and local elective positions Sec 5 R A 7166 39 19 Last day to furnish every registered voter with a Voters Information Sheet VIS Sec 1 R A 7904 Sat 4 09 16 Sat 4 09 16 13 ACTIVITIES 39 20 Last day to verify eligibility of applicants Sec 7 c Comelec Resolution No 9637 dated February 13 2013 30 days before election DATE START Sat 4 09 16 DATE FINISH Sat 4 09 16 39 21 Last day to prepare list of qualified voters for local absentee Sec 7 c Comelec Resolution No 9637 dated February 13 2013 30 days before election Sat 4 09 16 Sat 4 09 16 39 22 Last day for Election Officers EOs to post prominently in his office in the bulletin board of the city municipality and in three other conspicuous places in the city municipality the notice on the designated counting centers Sec 17 R A 9369 Mon 4 18 16 Mon 4 18 16 39 23 Last day to post in the Comelec Website the notice on the designated counting centers and to publish the same in the local newspapers Sec 17 R A 9369 Mon 4 18 16 Mon 4 18 16 33 24 Transmit list of qualified absentee voters together with voting paraphernalia See Sec 7 e Comelec Resolution No 9637 dated February 13 2013 Thu 4 21 16 Thu 4 21 16 33 25 Last day to constitute SBEIs SBOC for local absentee voting Thu 4 21 16 Thu 4 21 16 39 26 Last day to furnish copies of the
212. very of the Goods the Supplier shall notify and present the following documents to COMELEC whichever is applicable For Goods supplied from within the Philippines Upon delivery of the Goods to the Project Site the Supplier shall notify the Procuring Entity and present the following documents to the Procuring Entity i Original and four copies of the Supplier s invoice showing Goods description quantity unit price and total amount ii Original and four copies delivery receipt note railway receipt or truck receipt iii Original Supplier s factory inspection report iv Original and four copies of the Manufacturer s and or Supplier s warranty certificate v Original and four copies of the certificate of origin for imported Goods vi Delivery receipt detailing number and description of y P 8 P items received signed by the authorized receiving personnel vii Certificate of Acceptance Inspection Report signed by the Procuring Entity s representative at the Project Site and viii Four copies of the Invoice Receipt for Property signed by the Procuring Entity s representative at the Project Site For Goods supplied from abroad Upon shipment the Supplier shall notify the Procuring Entity and the insurance company by cable the full details of the shipment including Contract Number description of the Goods quantity vessel bill of lading number and date port of loading date of shipm
213. y domestic Suppliers risk and title will not be deemed to have passed to the Procuring Entity until their receipt and final acceptance at the final destination Patent Rights The Supplier shall indemnify the Procuring Entity against all third party claims of infringement of patent trademark or industrial design rights arising from use of the Goods or any part thereof 6 3 COMELEC reserves its right to exercise an Option to Purchase OTP within three 3 years from December 31 2016 The purchase price shall be based on the price reflected in the Financial Bid Offer which shall not exceed as follows a 50 of the lease price of the equipment hardware and software if OTP is exercised during the period January 1 2017 to December 31 2017 b 40 of the lease price of the equipment hardware and software if OTP is exercised during the period January 1 2018 to December 31 2018 and c 30 of the lease price of the equipment hardware and software if OTP is exercised during the period January 1 2019 to December 31 2019 10 4 No further instructions 13 4 c No further instructions 16 1 The inspections and tests that will be conducted are Hardware Acceptance Test HAT Lab Test Field Test Mock Elections Pre Election Logic and Accuracy Test PreLAT TEC Certification Test Live Transmission Test AO Ur Ge see 8 Final Testing and Sealing FTS 17 3 No
214. y of the votes counted per machine 10 2 2 10 Easy systems reconfiguration for a different election and or Sec VII DRE Technical Specifications Round 2 Page 57 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance different election type which shall be a test of how easy the reconfiguration of the system for a new or different election or electoral event shall be implemented without the need for technical support service from the winning bidder and 10 2 2 11 Decryption of election results and VVPAT which shall be a test of decrypting the election results of EVM and verification of decrypted election results and VVPAT 10 2 2 12Integration of EVM results with CCS which shall be a test of acceptability or compatibility of the EVM results by the COMELEC CCS Central Server Transparency Server Web Server and Backup Server 10 2 2 13Electronic Transmission of results which shall be a test of the ability of EVM to transmit results electronically 10 2 2 14All functionalities of all systems included in this TOR and functionalities to be proposed by the winning bidder which shall be integral to the entire AES 10 3 Field test which shall follow the successful conduct of the Lab Tests shall be an on site integration test of e Day procedures fr
215. y passed the HAT and trusted build systems Registered voters BEI members Sec VII DRE Technical Specifications Round 2 Page 59 REQUIREMENTS SPECIFICATIONS Statement of Compliance Just state Comply or Not Comply Specific Reference in Bidder s Bid Supporting Statement of Compliance technicians CCS technical staff and BOC members shall participate in the mock elections 10 4 3 With as much media coverage as possible the Mock Elections shall be conducted in a COMELEC selected area with one 1 mock precinct utilizing 2 EVMs of fifty 50 mock voters per EVM 10 43 1 In case the COMELEC decided to increase coverage of areas for mock elections the COMELEC shall shoulder the additional expenses that may incur 10 5 TEC Certification which shall be issued by the Technical Evaluation Committee TEC through an International Certification Entity based on the following 10 5 1 Successful conduct of Source Code Review including the forensics of the hardware of EVM the outcome of which shall form an integral part of its Certification Test All findings during the source code review must be closed solved on 10 5 2 Before the issuance of TEC Certification all discrepancy findings shall be closed solved 10 5 2 1 A discrepancy that threatens the integrity of the election or could cause the results of testing to be not repeatable
216. ystem EMS or precinct based Direct Recording Technology system The bidder shall execute a Sworn Statement duly notarized attesting to its compliance with the above requirement using the prescribed form attached hereto as Annex C 5 9 No further instructions 6 2 6 3 No further instructions No further instructions 6 7 Bidder shall ensure compliance with the following laws i e Notarial Act of 2004 National Internal Revenue Code NIRC and all other applicable Local and National Laws All bidders shall include in their bids the cost of all taxes such as but not limited to Value Added Tax VAT income tax local taxes and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates No further instructions 8 1 Sub contracting is allowed but only for the technical support 8 2 The Bidder shall submit the original or certified true copies of the following documentary requirements of its sub contractor s a Securities Exchange Commission for Corporation or Partnership Department of Trade and Industry DTI for sole proprietorship or Cooperative Development Authority for Cooperatives b Mayor s Permit issued by the city or municipality where the principal place of business of the sub contractor is located c Tax clearance per Executive Order No 398 Series of 2005 as finally reviewed and approv

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