BID FORM NO. 2 - ACCEPTANCE OF CRITERIA AND WAIVER

REPUBLIC OF THE PHILIPPINES)

PROVINCE, LGU OF_________________)S.S.

WAIVER

I, _____________________________________________, President/General Manager of__________________________________, a corporation of duly registered in the Securities and Exchange Commission (SEC) with address at _____________________________________ after having been duly sworn in accordance with law, depose and say:

1.  That I am duly authorized by the company I represent to enter into agreement with the Government of the Republic of the Philippines through the <<LGU Name>> in the pre-qualification and bidding for the <<Name of Project>>;

2.  That pursuant to Section 5.6 of the Implementing Rules and Regulations of the Republic Act No. 7718, I hereby submit this WAIVER;

a.  I accept the prequalification and evaluation criteria established by the LGU-PBAC

b.  I waive my right to seek a writ of injunction or prohibition or restraining order against the LGU and/or its PBAC-ITP to prevent or restrain the prequalification process or any proceedings related thereto, the holding of a bidding or any proceedings related thereto, the negotiation of an award of the contract to successful bidder, and the carrying out of the awarded contract;

c.  This waiver, however, shall be without prejudice to the right of a disqualified or losing bidder to question the lawfulness of its disqualification or rejection of its bid by appropriate administrative or judicial processes not involving the issuance of a writ of injunction or prohibition or restraining order.

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