CONTRACT

THIS CONTRACT made and entered into this ________ day of ____________________, 20___ by and
between the Department of Education __________________, located at [insert complete address], Philippines,
represented herein by its OIC-Schools Division Superintendent, Mr./Ms./Dr./ __________________________,
hereinafter referred to as the “Purchaser” of the one part; and [insert registered business name of supplier],
represented herein by its [insert official designation of supplier’s representative], Mr./Ms. ____________, with
office address at [insert complete address], hereinafter referred to as the “Supplier” of the other part;

WHEREAS, the Purchaser invited bids for certain Goods and ancillary services for Food and
Accommodation for Grade 6 Mass Training of Teachers for the Implementation of Basic Education Program; and received
bids from [insert no. of bidders] bidders; the Purchaser opened, read, and evaluated the bids of the [insert no.
of bidders] bidders; after the evaluation, the Purchaser post-qualified and declared the bid of the Supplier as
the lowest calculated responsive bid;

WHEREAS, the Purchaser passed and approved a resolution to award in favor of the Supplier, in the
sum of PHILIPPINE PESOS _____________________________________ (PhP ____________________) only,
hereinafter called the “Contract Price” with the following details:
LOT NO. OF PARTICIPANTS FOOD ACCOMMODATION
1 179
Sub-Total Sub-Total
TOTAL AMOUNT

NOW, THEREFORE, PREMISES CONSIDERED, the parties hereby agree as follows:

1. In this Contract, words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract;

2. The following documents shall be part of this Contract:

A. Bidding Documents
B. Winning bidder’s bid(s): eligibility requirements, technical proposals,
financial proposals, and all other documents/statements submitted
C. Performance Security
D. Credit line in accordance with ITB Clause 5.5, if applicable
E. Notice of Award of contract, and
F. Schedule of Requirements

3. The complete delivery shall be made within ______ calendar days from date of receipt of the Notice
to Proceed by the Supplier or the date provided for such purpose indicated in the Notice to Proceed;
_______________________
SUPPLIER’S WITNESS

4. In consideration of the Contract Price mentioned herein to be paid by the Purchaser to the Supplier,
the Supplier hereby covenants, to the Purchaser, to provide the Goods and ancillary services and to
remedy defects therein in conformity in all respects with the provisions of the Contract;

5. The Purchaser hereby covenants to pay the Supplier, in consideration of the provision of the Goods
and ancillary 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;
__________
________
WITNESS
IER
 6. The method and conditions of payment to made to the Supplier through the Government
disbursement procedure under this Contract shall be as follows:

Progress Payments: A minimum of 25% of the Contract Price per lot shall be paid to the Supplier
upon a minimum of 25% delivery of the requirement per lot and duly accepted by the schools’
representatives. Payment shall be made promptly, but in no case later than sixty (60) calendar
days, stated in GCC 10.3, from the date of supplier’s submission of the documents (i) to (ix),
whichever are applicable, specified in SCC for GCC Clause 6.2;

Final Payment: The remaining balance of the Contract Price per lot shall be paid to the supplier
upon delivery of the remaining balance of the requirement per lot and duly accepted by the
schools’ authorized representatives. Payment shall be made promptly, but in no case later than
sixty (60) calendar days, stated in GCC 10.3, from the date of supplier’s submission of the
documents (i) to (ix), whichever are applicable, specified in SCC for GCC Clause 6.2; and other
documents required in government accounting and auditing rules and regulations based on COA
issuances or written government issuances, otherwise, such other documents shall be unlawful if
required not based on COA and government issuances;

OR

One Time Payment on Complete Delivery and Final Acceptance: One hundred percent (100%) of
the Contract Price per lot shall be paid to the Supplier upon delivery of 100% of the Goods per lot
duly accepted by the schools’ authorized representatives. Payment shall be made promptly, but
in no case later than sixty (60) calendar days, stated in GCC 10.3, from the date of supplier’s
submission of the documents (i) to (ix), whichever are applicable, specified in SCC for GCC Clause
6.2; and other documents required in government accounting and auditing rules and regulations
based on COA issuances or written government issuances, otherwise, such other documents shall
be unlawful if required not based on COA and government issuances;

7. Payments shall be subject to the “Warranty” provision in the form of either retention money in an
amount equivalent to at least ten percent (10%) of every progress payment, or a special Bank
Guarantee in the amount equal to at least 10% of the total Contract Price required in Section 62 of
R.A. 9184 and its IRR;

8. The Supplier shall be liable for damages for the delay in its performance of the Contract and shall pay
the procuring entity liquidated damages, not by way of penalty, in an amount equal to one-tenth
_______________________

(1/10) of one percent (1%) of the cost of the delayed Goods scheduled for delivery for every day of
SUPPLIER’S WITNESS

delay until such Goods are finally delivered and accepted by the procuring entity concerned. The
Procuring Entity shall deduct the liquidated damages from any money due or which may become due
to the Supplier, or collect from any of the securities or warranties posted by the Supplier, whichever
is convenient to the Procuring Entity concerned. Once the cumulative amount of liquidated damages
reaches ten percent (10%) of the amount of this Contract, the Purchaser shall rescind this Contract,
without prejudice to other courses of action and remedies open to the Purchaser.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in accordance with their
respective laws on the day and year first above written.
___________
PPLIER
 SIGNED, SEALED AND DELIVERED BY:

__________________________ ________________________________
PURCHASER SUPPLIER

SIGNED IN THE PRESENCE OF:

______________________________ __________________________________
PURCHASER’S WITNESS SUPPLIER’S WITNESS
REPUBLIC OF THE PHILIPPINES)
CITY OF ________________ ) S.S.

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for and in __________________, Philippines, this ________ day of
________________, 20__ personally appeared:

GOVERNMENT ISSUED IDENTITIFICATIONS

(Passport, Driver’s License, SSS, GSIS, Philhealth…IDs)
NAME Number Issued on Issued at

PURCHASER

SUPPLIER

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that same is the free and voluntary act and deed of the entities which they respectively
represent.

The foregoing instrument is a CONTRACT consisting of _____ (_) pages (exclusive of attachments),
including this page on which this acknowledgment is written and signed by the parties hereto and their
instrument witness on the left hand margin of each and every page hereof.

WITNESS MY HAND AND SEAL on the date and place first above written.

NOTARY PUBLIC
Until December 31, 20__

Doc. No. ____________

Page No. ____________
Book No. ____________
Series of 20__________