BID BULLETIN NO. 2

This is to notify bidders of the amendments/clarifications in the Terms of Reference (TOR) and Instructions to Bidders (ITB) as discussed during the pre-bid conference conducted on January 19, 2010 at the Resource Center Conference Room, 6^th Floor, SSS Building, Ayala Avenue corner V. A. Rufino St., Makati City:

1. The bidder commits to directly warrant in favor of PDIC, in a manner unconditional, full, absolute and unqualified, the software/hardware components subject of this project against incompatibilities and any defect, inherent, hidden or otherwise, which would render them unfit for the use for which they were intended, or which would diminish the fitness of their use to the extent that, had PDIC been aware thereof, it would not have acquired the same.

2. The bidder assumes full and complete responsibility as well as assumes any and all risks attendant or incidental to the selection of the software/hardware to achieve the intended result and for the installation, use and results obtained from it. The bidder shall be directly, fully and solely liable to PDIC for any loss or damage that PDIC may sustain, and for any claim made against PDIC by a third party arising out of the use of a defective or malfunctioned software/hardware or inability to use such software/hardware. The loss or damage may be in the form of, but shall not be limited to, lost profits, revenue, data or costs of substitute goods or services, property damage, personal injury, interruption of business, loss of business information or for any special, direct, indirect, incidental, economic, cover, punitive, special or consequential damages, arising out of the use of or inability to use the software/hardware as intended.

3. The bidder agrees to fully compensate, indemnify and hold harmless PDIC and its officers, directors, employees, and agents for any loss, damage, cost, expense, liability or claim suffered or incurred by, or made against, PDIC arising out of the bidder’s fraud, misrepresentation, negligence or willful misconduct or breach of its warranty as provided herein.

January 25, 2010