REQUEST FOR QUOTATION

Transcription

1 REQUEST FOR QUOTATION Audit and Certification for ISO 9001:2008 PMO 08A-2015

2 Table of Contents A. Definition of Terms 3 B. Request For Quotation (RFQ) 4-5 C. Instructions in the Submission of RFQ 1. Scope of RFQ 6 2. Source of Funds 6 3. Corrupt, Fraudulent, Collusive and Coercive Practices 6 4. Conflict of Interest Policy 7 5. Eligible Participants 8 6. Participating Service Provider s Responsibilities 9 7. Language Documents Comprising the Eligibility and Technical Components Documents Comprising the Financial Component Format and Signing Sealing and Marking Submission Modification and Withdrawal of Price Quotation Opening and Preliminary Examinations of RFQ Clarification of RFQ Detailed Examination and Comparison of Proposals Post-Qualification Reservation Clause Award of Contract Notice to Proceed 17 D. General Conditions of Contract 1. Contractor s Obligations Subcontracting Liquidated Damages Service Provider s Risk Liability of the Service Provider Payments Licenses and Permits Taxes Warranty Extension of Contract Time Settlement of Disputes Force Majeure Termination of Contract Assignment of Rights 15. Application E. Terms of Reference F. Forms(Annexes) Technical Specification Forms (Annex A.1 - A.7) Quotation Form (Annex B - B.1) Omnibus Sworn Statement (Annex C) Service Contract (Annex D)

3 A. DEFINITION OF TERMS ABC BAC BIR Contract DTI GPPB Omnibus Sworn Statement PhilGEPS PMO Policy Quotation Form RA RFQ RIRR SEC Terms of Reference or TOR Approved Budget for Contract Bids and Awards Committee Bureau of Internal Revenue The Service Contract to be executed between the PMO and the Participating Service Provider submitting the Highest Offer, which shall be in substantially in the form attached as Annex D of RFQ PMO 08A-2015 Department of Trade and Industry Government Procurement Policy Board The document is substantially the form attached as Annex C of RFQ PMO Philippine Government Electronic Procurement System Privatization and Management Office Conflict of Interests Policy issued by the PMO The document is substantially the form attached as Annex B of RFQ PMO Republic Act Request for Quotation Revised Implementing Rules and Regulations Securities and Exchange Commission Section E of RFQ PMO 08A-2015, which describes the purpose, terms and specifications of the procurement project. 3

4 B. REQUEST FOR QUOTATION (RFQ) Audit and Certification for ISO 9001:2008 PMO 08A The Privatization and Management Office (PMO), through its Bids and Awards Committee (BAC), intends to apply the sum of Three Hundred Thousand Pesos (Php300,000.00) being the Approved Budget for the Contract (ABC) to payments under the contract for the engagement of services of a Certifying Body that will conduct audit and certification of PMO for ISO 9001:2008. Quotations received in excess of the ABC shall be automatically rejected at the opening of price quotations. 2. The PMO-BAC now Requests for Quotation (RFQ) for the services of a Certifying Body to conduct audit and certification as required for ISO 9001:2008 at office address 104 Gamboa Street, Legaspi Village, Makati City. The Certifying Body should be in compliance with all of its ongoing government and private contracts, and should have completed in the Philippines, within the last two (2) years from the date of submission and receipt of price quotation, at least one (1) single contract of similar nature amounting to at least fifty percent (50%) of the ABC, to the satisfaction of the end-user/s. The description of an eligible participant is contained in Section C. Instructions in the Submission of RFQ. 3. The procurement of Certifying Body for ISO 9001:2008 Audit and Certification (PMO 08A-2015) will be conducted based on Section Small Value Procurement of the Revised Implementing Rules and Regulations (RIRR) of Republic Act (RA) The submission of RFQ is open to all interested Certifying Bodies, whether local or foreign, subject to the conditions for eligibility provided in the RIRR of RA Interested Certifying Bodies may obtain further information from PMO-BAC Secretariat at the 3 rd Floor, Privatization and Management Office, 104 Gamboa Street, Legaspi Village, Makati City, from Monday to Friday, 9:00 a.m. to 4:00 p.m. starting 9 July 2015 or at telephone number The RFQ may be purchased starting 9 July 2015 from Monday to Friday, 9:00 a.m. to 4:00 p.m. from the PMO-BAC Secretariat, 3 rd Floor, Privatization and Management Office, 104 Gamboa Street, Legaspi Village, Makati City and upon payment of a non-refundable fee for the RFQ in the amount of Five Hundred (Php500.00) to the PMO Cashier located at the 6 th Floor, Privatization and Management Office, 104 Gamboa Street, Legaspi Village, Makati City. The RFQ may also be downloaded from the websites of the Philippine Government Electronic Procurement System (PhilGEPS) and PMO, provided that the interested party shall pay the non-refundable fee of Five Hundred Pesos (Php500.00) for the RFQ not later than the submission of its price quotation. 4

5 6. The accomplished RFQ must be delivered on or before 5:00 p.m. on 16 July 2015 to the PMO-BAC Secretariat, 3 rd Floor, Privatization and Management Office, 104 Gamboa Street, Legaspi Village, Makati City. Please submit your lowest and most responsive price quotation (Annex B and Annex B.1) together with the eligibility and technical components as well as other required documents in a sealed envelope marked as follows: The Chairperson PMO-BAC Request for Quotation (RFQ) Audit and Certification for ISO 9001:2008 (PMO 08A-2015) Privatization and Management Office 3 rd Floor PMO Bldg., 104 Gamboa St. Legaspi Village, Makati City Please note that price quotations submitted after the abovementioned deadline shall not be accepted. 7. The contract will be awarded to the Certifying Body whose price quotation is the most advantageous and responsive to the requirements of PMO, in accordance with PMO s judgment and discretion. PMO shall not be bound to accept the lowest or any price quotation, which, in its judgment is, not advantageous to the government. The PMO-BAC shall not compensate or indemnify any person for any expenses incurred in the preparation of the price quotations. 8. Moreover, the PMO-BAC reserves the right to accept or reject any price quotation, waive any formality in the RFQ, annul the procurement process, reject any or all price quotations at any time prior to contract award, declare the procurement process a failure, without thereby incurring any liability to the affected Participating Service Provider or any person. 9. For further information, please refer to: THE SECRETARIAT PRIVATIZATION AND MANAGEMENT OFFICE BIDS AND AWARDS COMMITTEE (PMO-BAC) for Procurement 104 Gamboa Street, Legaspi Village, Makati City Tel. no Fax No PMO Website: Approved for Publication: ELLEN H. RONDAEL Deputy Privatization Officer and Chairperson, PMO-BAC 5

6 C. INSTRUCTIONS IN THE SUBMISSION OF REQUEST FOR QUOTATION (RFQ) 1. Scope of RFQ 1.1. The PMO RFQ is for the procurement of Certifying Body that will conduct audit and certification for ISO 9001:2008 as described in Section E. Terms of Reference of RFQ PMO 08A The Successful Certifying Body will perform the services specified in Section E. Terms of Reference of RFQ PMO 08A Source of Funds The PMO has an approved budget for the contract in the amount of Three Hundred Thousand Pesos (Php300,000.00), which is intended to be applied for the subject procurement to cover eligible payments under the contract. 3. Corrupt, Fraudulent, Collusive, and Coercive Practices 3.1. The PMO as well as Participating Service Provider shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the PMO: (a) defines, for purposes of this provision, the terms set forth below as follows: (i) (ii) 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 includes 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 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 PMO, and includes collusive practices among Participating Service Provider (prior to or after RFQ submission) designed to establish quotation/bid prices at artificial, non-competitive levels and to deprive the PMO of the benefits of free and open competition. 6

7 (iii) (iv) (v) collusive practices means a scheme or arrangement between two or more Participating Service Provider, with or without the knowledge of the PMO, designed to establish price quotations 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) (bb) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the PMO 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 acts intended to materially impede the exercise of the inspection and audit rights of the PMO or any foreign government/foreign or international financing institution herein. (b) will reject a proposal for award if it determines that the Participating Service Provider recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract Further, the PMO 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 Clause 3.1(a) Furthermore, the PMO reserves the right to inspect and audit records and accounts of a Participating Service Provider for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause Conflict of Interest Policy 4.1. In all transactions, the Participating Service Provider, its directors, officers, contractors, consultants and employees, shall not have any interest adverse to those of the PMO or the National Government The following situations constitute a conflict of interest: 7

8 (a) Where a director, officer, contractor, consultant or employee of the Participating Service Provider or any party having interest therein, is employed by PMO, and by virtue of which there is an opportunity for preferential treatment to be given in favor of the Participating Service Provider, except if (i) with the knowledge and consent of PMO s top management, or (ii) where such interest in the Participating Service Provider comprises securities in widely-held corporations, which are quoted and sold in the open market or in private corporations where the interest is not material. (b) When a director, officer, contractor, consultant or employee of the Participating Service Provider, without proper authority, gives or releases to anyone not employed by the PMO any data or information of a confidential nature concerning PMO, such as those relating to plans, prices/valuation, earnings, financial/business forecast, or competitive bids, or to use such information to the advantage of the Participating Service Provider or any of its directors, officers, contractors, consultants or employees, and not in the best interest of PMO, or in violation of the confidentiality provision in the Contract. (c) Where a director, officer, contractor, consultant or employee of the Participating Service Provider offers to any officer or employee of the PMO any amount of money (e.g, commissions, share in the profits, gifts in cash, loans/advances), gift certificates, material services, excessive or extravagant entertainment or travel, gifts of merchandise of more than normal value, for the purpose of obtaining preferential treatment. (d) All other analogous situation disadvantageous to PMO s interest The Successful Service Provider shall execute and submit a compliance statement attesting that the company, its directors, officers, contractors, consultants and employees, fully understand the stipulations contained in the Policy. Failure to submit the compliance statement shall constitute a violation of the Policy Failure by the Successful Service Provider, its directors, officers and employee to faithfully comply with the terms and conditions of the Policy shall be cause for PMO to revoke the award of the project without prejudice to any other civil or criminal liability the Service Provider, its directors, officers, contractors, consultants or employees may incur as a result of such breach. 5. Eligible Participants 5.1. The following persons shall be eligible to participate in this bidding: (a) Duly licensed Filipino citizens/sole proprietorships; 8

9 (b) (c) (d) 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; 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 5.2. Foreign entities may be eligible to participate when any of the following circumstances exist: (e) (f) (g) (h) When a Treaty or International or Executive Agreement as provided in Section 4 of RA 9184 and its IRR allow foreign entities 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 citizens, corporations, or associations of the Philippines; When the services 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 Government of the Philippines or the PMO The Participating Service Provider must have completed at least one contract similar to the Project the value of which must be at least fifty percent (50%) of the ABC. For this purpose, contracts similar to the Project shall be those described in the RFQ within the last two (2) years from date of submission and receipt of the RFQ. 6. Participating Service Provider s Responsibilities 6.1. The Participating Service Provider or its duly authorized representative shall submit the Omnibus Sworn Statement attached as Annex C of RFQ PMO 08A The Participating Service Provider is responsible for the following: 9

10 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Having taken steps to carefully examine all of the documents in the RFQ; Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract; Having made an estimate of the facilities available and needed for the contract, if any; Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin/s. Ensuring that 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; Ensuring that each of the documents submitted in satisfaction of the RFQ 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 Agency or its duly authorized representative/s to verify all the documents submitted; Ensuring that the signatory is the duly authorized representative of the Participating Service Provider, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Participating Service Provider, with the duly notarized Secretary s Certificate attesting to such fact, if the Participating Contractor is a corporation, partnership, cooperative, or joint venture; Complying with the disclosure provision under Section 47 of the Act in relation to other provisions of Republic Act 3019; and Complying with existing labor laws and standards, if applicable. Failure to observe any of the above responsibilities shall be at the risk of the Participating Service Provider concerned The Participating Service Provider is expected to examine all instructions, forms, terms and specification in the RFQ It shall be the sole responsibility of the Participating Service Provider to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to this project including the location and the nature of the contract and other factors that may affect the cost, duration and execution or implementation of the contract. 10

11 6.5. The PMO shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible Participating Service Provider out of the data furnished by the procuring entity Before submitting their RFQs, the Participating Service Provider are deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect the contract in any way The Participating Service Provider shall bear all costs associated with the preparation and submission of its price quotation, and the PMO will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the procurement process Participating Service Provider should note that the PMO will only accept quotations from those that have paid the nonrefundable fee for the RFQ at the office indicated in the RFQ. 7. Language The price quotation, as well as all correspondence and documents relating to the RFQ exchanged by the Participating Service Provider and the PMO, shall be written in English. 8. Documents Comprising the Eligibility and Technical Components 8.1. The envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class "A" Documents: Legal Documents (i) (ii) Certified true/photocopy of 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 if the Participating Service Provider is a domestic entity or created under Philippine law. Certified true/photocopy of Mayor s permit issued by the city or municipality where the principal place of business of the prospective bidder is located if the Participating Service Provider is a domestic entity or created under Philippine law. Technical Documents (iii) Statement of all its ongoing and completed government and private contracts, including contracts awarded but not yet started, 11

12 if any, whether similar or not similar in nature and complexity to the RFQ, within the last two (2) years from the submission of RFQ. The statement shall include, for each contract, the following: (iii.1) name of the contract; (iii.2) date of the contract; (iii.3) contract duration; (iii.4) nature of work; (iii.5) amount of contract and value of outstanding contract; (iii.6) date of delivery/completion or estimated completion time; (iii.7) the statement shall be supported by copies of notices of award and/or notices to proceed issued; and (iii.8) end-user s acceptance or official receipt(s) issued for the contract if completed. (iv) Contract Requirements, which shall include the following: (i.1) (i.2) (i.3) (i.4) (i.5) Company Profile (Current composition of the Board of Directors, Principal Officers, Principal Stockholders and Product Line/s); Certified true/photocopy of certification or proof as duly accredited by Philippine Accreditation Office, Bureau of Product Standards, Department of Trade and Industry, with scope of accreditation; List of auditors to comprise the audit team, technical experts with their respective curriculum vitae and auditor authorization certificates; Plan of Approach and Methodology; and Notarized certificate attesting the appointment of the Participating Service Provider s representative/ authorized signatory. (v) Conformity with the Term of Reference provided under Section E of RFQ PMO 08A (vi) Omnibus Sworn Statement using the form prescribed in Annex C of RFQ PMO 08A (vii) Statement of the Participating Service Provider specifying its nationality and confirming that those who will actually perform the service are registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions. 12

13 Financial Documents (viii) Certified true/photocopies of audited financial statements, showing, among others, the total and current assets and liabilities, stamped received by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions, for the last two (2) years from the submission of RFQ; (ix) Tax Clearance for the preceding calendar year or for the current period; Class B Documents 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 offer is successful If the Participating Service Provider is a foreign entity or created under foreign law, the foregoing eligibility requirements under Class A Documents may be substituted by the appropriate equivalent documents, if any, issued by the country of the foreign entity concerned The eligibility requirements or statements and all other documents to be submitted to the PMO-BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines must accompany the eligibility requirements under Classes A and B Documents if they are in other foreign language. 9. Documents Comprising the Financial Component 9.1. The financial component shall contain the Quotation Form in accordance with the form prescribed in Annex B of RFQ PMO 08A All price quotations that exceed the ABC shall not be accepted Prices quoted by the Participating Service Provider shall be fixed during the performance of the contract and not subject to variation or price escalation on any account. A price quotation submitted with an adjustable price quotation shall be treated as non-responsive and shall be rejected Price quotations shall be quoted in Philippine Pesos. 10. Format and Signing Participating Service Provider shall submit their eligibility and technical documents and financial components through their duly authorized representative using the appropriate forms provided on or before the deadline specified in the RFQ in one (1) sealed envelope. 13

14 10.2. The forms as annexes of the RFQ 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 information requested The eligibility and technical documents and financial components shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Participating Service Provider Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Participating Service Provider. 11. Sealing and Marking Participating Service Provider shall enclose the required eligibility, technical documents and financial component described Clause 8 and 9 in one sealed envelope. The envelopes shall: (a) (b) (c) contain the name and specific identification of the procurement contract indicated in the RFQ; bear the name and address of the Participating Service Provider; be addressed to the Procuring Entity s BAC in accordance with the RFQ; 12. Submission and Receipt The PMO-BAC shall receive submissions at the address and on or before the date and time indicated in the RFQ PMO 08A Submissions after the deadline prescribed by the PMO-BAC, pursuant to RFQ PMO 08A-2015 shall be declared Late and shall not be accepted. 13. Modification and Withdrawal of Price Quotation Participating Service Provider shall not be allowed to withdraw and modify its price quotation after it has been submitted. 14. Opening and Preliminary Examination The PMO-BAC shall open the submitted sealed envelopes containing the required documents immediately after the deadline for the submission In accordance with the GPPB Guidelines for Shopping and Small Value Procurement, information relating to the examination, evaluation and comparison of eligibility and technical documents, and financial components 14

15 are to be kept confidential and shall not be disclosed to any other party except to those officially concerned The PMO-BAC adopts a procedure for ensuring the integrity, security, and confidentiality of all submitted documents. 15. Clarification of RFQ To assist in the evaluation, comparison, and post-qualification of the RFQ, the PMO may ask in writing any Participating Service Provider for a clarification of its RFQ. All responses to requests for clarification shall be in writing. 16. Detailed Evaluation and Comparison of Proposals The PMO-BAC will conduct a detailed evaluation and comparison of RFQ using the Quality-Cost Based Evaluation Procedure The technical component together with the financial component shall be considered in the evaluation using the criteria presented in Section E. Terms of Reference of RFQ PMO 08A The PMO-BAC shall do a ranking based on the combined numerical ratings of technical and financial proposal and identify the Highest Rated Offer. 17. Post Qualification The PMO-BAC shall determine to its satisfaction whether the RFQ that is evaluated as having submitted the Highest Rated Offer and complies with and is responsive to all the requirements and conditions specified in the RFQ PMO 08A The Highest Rated Offer shall undergo post-qualification in order to determine whether the Participating Service Provider concerned complies with, and is responsive to, all the requirements and conditions specified in the RFQ The Successful Service Provider shall be notified in writing that it has the Highest Rated Offer and the Successful Service Provider shall submit the following documentary requirements to the PMO-BAC: 18. Reservation Clause (a) Latest income and business tax returns; (b) Certificate of PhilGEPS Registration; and (c) Other appropriate licenses and permits as may be required by law Notwithstanding the eligibility or post-qualification of a Participating Service Provider, the PMO reserves the right to review its qualifications at any stage 15

16 of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said Participating Service Provider, or that there has been a change in the Participating Service Provider 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 statements or documents, or any changes in the situation of the Participating Service Provider which will affect its capability to undertake the project so that it fails the preset eligibility or evaluation criteria, the PMO shall consider the said Participating Service Provider as ineligible and shall disqualify it from obtaining an award or contract Based on the following grounds, the PMO reserves the right to reject any and all price quotations, declare a failure of procurement at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the procurement: (a) (b) (c) if there is prima facie evidence of collusion between appropriate public officers or employees of the PMO, or between the BAC and any of the Participating Service Provider, or if the collusion is between or among the Participating Service Provider themselves, or between a Participating Service Provider and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition; if the PMO- BAC is found to have failed in following the prescribed procurement procedures; or for any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the Government as follows: (i) (ii) 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 Agency; If the project is no longer necessary as determined by the Head of Agency; and 19. Award of Contract (iii) If the source of funds for the project has been withheld or reduced through no fault of the PMO The PMO shall award the contract to the Participating Service Provider whose technical and financial proposals has been determined to be the Highest Rated Offer. 16

17 19.2. The Successful Service Provider shall be notified in writing that its price quotation has been accepted, through a Notice of Award served personally, or sent by registered mail or electronically At the same time as the PMO notifies the Successful Service Provider that its quotation has been accepted, the PMO shall send the Contract to the Successful Service Provider, incorporating therein all agreements made The PMO shall enter into contract with the Successful Service Provider within ten (10) calendar days, provided that all the documentary requirements are complied with Within three (3) calendar days from the date of approval or signing of the Contract, the PMO shall issue the Notice to Proceed The Contract effectivity date shall be provided in the Notice to Proceed by the PMO, which date shall not be later than seven (7) calendar days from issuance of Notice to Proceed. 20. Notice to Proceed Within three (3) calendar days from the date of approval of the Contract by the appropriate approving authority, the PMO shall issue its Notice to Proceed to the Successful Service Provider The date of the Successful Service Provider s receipt of the Notice to Proceed will be regarded as the effective date of the Contract, unless otherwise specified. 17

18 D. GENERAL CONDITIONS OF CONTRACT 1. Service Provider s Obligations 1.1. The Service Provider shall carry out the services properly and in accordance with the Contract. The Contractor shall provide all supervision, team members, materials, and equipment/tools, which may be required The Service Provider shall commence execution of the services on the start date and shall carry out the services in accordance with the program of schedule submitted by the Service Provider, as updated with the approval of the PMO s Representative, and provide them by the intended schedule If the PMO s Representative asks the Service Provider to remove a member of the Service Provider s team, for justifiable cause, the Service Provider shall ensure that the person leaves the site within twenty four (24) hours from receipt of notice and has no further connection with the services in this Contract The Service Provider shall submit to the PMO for consent the name and particulars of the person authorized to receive instructions on behalf of the Service Provider. 2. Subcontracting The Service Provider shall not be allowed to subcontract the services of any part of the project. 3. Liquidated Damages 3.1. The Service Provider shall pay liquidated damages to the PMO at the rate of Five Hundred Pesos (P500.00) per day for each day of delay of deadlines set The PMO may deduct liquidated damages from payments due to the Service Provider. Payment of liquidated damages shall not affect the Contract. 4. Service Provider s Risk The Service Provider shall assume full responsibility for the services commenced up to completion of the contract. The Service Provider shall be fully responsible for the safety, protection, security, and convenience of its personnel, third parties as well as the services, equipment, tools, and the like to be affected by its services. 5. Liability of the Service Provider Subject to additional provisions, if any, the Service Provider s liability under this Contract shall be as provided by the laws of the Republic of the Philippines. 18

19 6. Payments 6.1. Advance payment shall be made only after prior approval of the Head of Agency, and shall not exceed fifteen percent (15%) of the Contract amount Payments shall be made only upon a certification by the End-user of the PMO that the services have been rendered or delivered in accordance with the terms of this Contract and have been duly verified and accepted Payments shall be made promptly by the PMO, but in no case later than thirty (30) days after submission of an invoice or claim by the Service Provider The currency in which payment is made to the Service Provider under this Contract shall be in Philippine Pesos The PMO s End-user/Representative shall issue a Certificate of Completion to the Service Provider upon deciding that the service is completed, which should form part of the supporting documents to initiate processing of payment. 7. Licenses and Permits 8. Taxes The Service Provider shall be entirely responsible for its permits, licenses or approvals, which are required for the services. The Service Provider shall be entirely responsible for all the necessary taxes and other fees imposed for this Contract. 9. Warranty The Service Provider warrants that the methodology used and applied under this Contract are new, of the most recent or current standards. 10. Extension of Contract Time Should the amount of additional work of any kind or other special circumstances of any kind whatsoever occur such as to fairly entitle the Service Provider to an extension of contract time, the PMO shall determine the amount of such extension; the PMO shall examine the facts and extent of the delay and shall extend the contract time completing the contract work when, in the PMO s opinion, the findings of facts justify an extension No extension of contract time shall be granted the Service Provider due to (a) ordinary unfavorable weather conditions and (b) inexcusable failure or negligence of Service Provider to provide the required equipment, supplies or materials. 19

20 11. Settlement of Disputes Any and all disputes arising from the implementation of this Contract covered by Republic Act 9184 and its RIRR shall be submitted to arbitration in the Philippines according to the provisions of Republic Act No. 876, otherwise known as the Arbitration Law and Republic Act 9285, otherwise known as the Alternative Dispute Resolution Act of Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree. 12. Force Majeure 12.1 The Service Provider shall not be liable for liquidated damages, or termination for default if and to the extent that the Service Provider 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 Service Provider 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 Service Provider. 13. Termination of Contract The PMO may terminate the Contract, in whole or in part, at any time for its convenience. The Head of the Agency may terminate the Contract for the convenience of the PMO if he/she has determined the existence of conditions that make the services 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. 14. Assignment of Rights The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, except with the PMO s prior written consent. 15. Application These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of this Contract. 20

21 E. TERMS OF REFERENCE (TOR) (Participating Service Provider) hereby renders its statement of compliance with the following Terms of Reference: 1. Background The Privatization and Management Office (PMO) is an attached agency under the Department of Finance. The PMO serves as (a) the marketing arm of the government with respect to transferred-assets, government corporations and other properties assigned to it by the Privatization Council (PrC) for disposition pursuant to Executive Order No. 323 (2000), as well as (b) the disposition entity of properties transferred to the Republic under the Philippine Property Act of 1946, Republic Act No. 8, and Executive Order No. 99 (1947), pursuant to Executive Order No. 471 (2005). 2. Objectives The PMO aims to attain ISO 9001:2008 (Quality Management System) certification to further institutionalize and enhance processes, systems and operations as mandated under Executive Order No. 605 dated February 23, Scope of Services 3.1. The Certifying Body undertakes and commits that it will promptly and fully perform and deliver to PMO the conduct of audit and certification for ISO 9001:2008 in accordance with the following requirements and specifications of PMO: (a) (b) Pre-Assessment Audit Certification Audit: 3.2. Add-on Service: (i) On-site Audit (ii) Certification Audit (iii) Audit Planning and Report Preparation (iv) Annual Accreditation (Issue and Use of Certificate for 3 years) (v) Two (2) Consecutive Surveillance Audits (a) (b) (c) (d) (e) (f) Complimentary A4 size Certificate with frame (for Certification Audit and Repeat Audit only) Complimentary Tarpaulin Banner and Stickers to be given upon release of certificate (for Certification Audit and Repeat Audit only) Electronic copy of logo to be issued upon release of certificate Updates on new standards Customer feedback mechanism for continuous improvement Events and networking with other clients 21

22 (g) Customer Support 4. Performance Period and Terms 4.1. The Certifying Body shall perform and deliver the services for a period of three (3) years starting in CY 2015 and shall end in CY 2018: (a) Pre-assessment Audit (b) Certification Audit and (c) Issuance of ISO 9001:2008 Certificate valid for 3 years (d) Surveillance Audit for 2 nd Year (e) Surveillance Audit for 3 rd Year 5. Technical Specifications One (1) day promptly from receipt by Contractor of Notice to Proceed Two (2) days within thirty (30) calendar days after pre-assessment One (1) day One (1) day Preparation stage. Conduct certification audit. Submit audit report detailing observations, areas for improvement, non-conformity to standards and recommendations (within five (5) working days after conduct of on-site audit). Conduct surveillance audit. Submit surveillance audit report detailing observations, areas for improvement, non-conformity to standards and recommendations (within five (5) working days after conduct of on-site audit) The Certifying Body should have the following minimum qualifications: (a) The Certifying Body should be duly accredited by Philippine Accreditation Office, Bureau of Product Standards, Department of Trade and Industry; (b) The Certifying Body must have at least five (5) years ISO 9001:2008 auditing experience; (c) (d) The Certifying Body must have a good track record of certifying government agencies for quality management; and Its audit teams, including surveillance, should satisfy the following: (i) (ii) Consist of auditor(s) with actual hands-on experience on QMS who are qualified to conduct audits in the name of the Certifying Body; No member of the audit team should have provided consultancy for PMO within the two (2) year period prior to the audit; 22

23 (iii) Auditor(s) shall have a minimum of three (3) years ISO 9001:2008 auditing experience; (iv) Have team members with actual hands-on experience on the Government QMS Process; and (v) Replacement of any team shall require prior written approval from the agency Information indicated in the paragraphs below must be provided by the Certifying Body: (a) (b) (c) (d) (e) (f) (g) A brief description of the Certifying Body and outline of recent experience on projects of a similar and related nature as required in the form Certifying Body s References. For each project, the outline should indicate the project, contract amount and the Certifying Body s involvement. Information should be provided only for those projects for which the Certifying Body was legally contracted by itself. Certifying Body should be prepared to substantiate the claimed experience if so requested by the Procuring Entity. A concise, complete, and logical description of how the Certifying Body s team shall carry out the services to meet all requirements of the TOR. A work plan showing in graphical format (bar chart) the timing of major activities, anticipated coordination meetings, and deliverables such as reports required under the TOR. A Time Schedule (Time Schedule for Professional Team Members) indicating clearly the estimated duration in terms of person-days and the proposed timing of each input for each nominated expert using the format provided. Comments and Suggestions of the Certifying Body, if any, on the TOR to improve performance in carrying out the Project. Innovativeness shall be appreciated, including workable suggestions that could improve the quality/effectiveness of the Project. In this regard, unless the Certifying Body clearly states otherwise, it shall be assumed by the PMO that work required to implement any such improvements, are included in the inputs submitted. A list of facilities requested by the Certifying Body to be provided by the PMO that may include support facilities such as: counterpart staff, office space, etc. that would be needed to carry out the project. The name, age, nationality, background employment record, and professional experience of each nominated expert including ongoing 23

24 projects, with particular reference to the type of experience required for the tasks assigned should be presented in the CV format shown in form Format of Curriculum Vitae (CV) for Proposed Professional Team Member. (h) The PMO requires that each expert confirm that the content of his/her CV is correct and the experts themselves should sign the certification of the CV The Certifying Body shall include in their audit activities a procedure for client appeals. In the event that resolutions for disputes between the PMO and certifying body cannot be attained, PMO shall have the right to lodge appeals on the decisions of the audit team to an independent arbitrator, exclusive of other legal remedies, which may be available to both parties. The Certifying Body shall coordinate with the PMO Quality Management Representative (QMR) on all matters relating to contract implementation. 5.4 The Certifying Body and any person/entity connected to PMO certification audit shall maintain strict confidentiality of the final audit results, and shall disclose the same only upon clearance of the PMO QMR. 5.5 The Certifying Body shall, within fifteen (15) days from the end of contract, turn over to the PMO all documents pertaining to the implementation of this project, such as, but not limited to, pending documentary requests within its custody or control of any person/entity operating on its behalf. 6. Selection of Certifying Body 6.1. The PMO-BAC shall select the most qualified certifying body using the quality-cost based method in accordance with the provisions of RA 9184 and its RIRR The criteria and rating system for the selection of the Certifying Body are as follows: Evaluation Criteria a. Technical Proposal i. Applicable Experience and Capability of the Participating Contractor ii. Qualification and Competence of Auditors to be assigned to the team iii. Plan of Approach and Methodology b. Financial Proposal Weight 20% 20% 20% 40% Total 100% 24

25 6.3 Financial proposals should not exceed the ABC of Three Hundred Thousand Pesos (Php300,000.00) and shall be inclusive of all taxes, duties, fees and other charges imposed under applicable laws. 7. Engagement Fee 7.1. The PMO shall make the following payments: Payment Deliverables Amount (a) Advance Payment/ Mobilization Fee Year 1 On-site Audit Pre-assessment Report (b) Certification Fee (c) Annual Accreditation Fee Certification Audit Report Audit Planning and Report Preparation Issuance of Certificate Year 2 1 st Surveillance Audit On-site Audit Audit Planning and Report Preparation Year 3 2 nd Surveillance Audit On-site Audit Audit Planning and Report Preparation 15% of Contract Price, but should not exceed Php45, % of the Contract Price, but should not exceed Php150, No more than Php50, Remaining Balance 7.2. Payments shall be based on the completion of the above-mentioned activities and submission of required deliverables subject to acceptance of the authorized representative of the Head of Agency. 7.3 The transportation and living accommodations of the auditors for the entire period of audit and certification will not be provided by PMO, such expenses and other related expenses should be inclusive in the price quotation. CONFORME: (Authorized Signature) (Name and Title of Signatory) (Name of Firm) 25

26 F. FORMS (Annexes) 1. Technical Specification Forms Annex A 1.1. Certifying Body s References Annex A Comments and Suggestions of the Certifying Body on the TOR Annex A Description of the Methodology and Work Plan Annex A Team Composition and Tasks Annex A Format of Curriculum Vitae (CV) for Proposed Professional Team Members Annex A Time Schedule for Professional Team Members Annex A Activity Work Schedule Annex A.7 2. Quotation Form Annex B 2.1. Summary of Costs Annex B.1 3. Omnibus Sworn Statement Annex C 4. Contract of Agreement Annex D 26

27 Certifying Body s References Annex A.1 Relevant Services Carried Out in the Last Two (2) Years That Best Illustrate Qualifications Using the format below, provide information on each project for which your firm/entity, either individually, as a corporate entity, or as one of the major companies within an association, was legally contracted. Project Name: Country: Location within Country: Professional Staff Provided by Your Firm/Entity(profiles): Name of Client: N o of Staff: Address: N o of Staff-Months; Duration of Project: Start Date (Month/Year): Completion Date (Month/Year): Approx. Value of Services (in Current US$): Name of Associated Consultants, if any: N o of Months of Professional Staff Provided by Associated Consultants: Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed: Narrative Description of Project: Description of Actual Services Provided by Your Staff: Consultant s Name: 27

28 COMMENTS AND SUGGESTIONS OF THE CERTIFYING BODY ON THE TOR Annex A.2 On the Terms of Reference: On the data, services, and facilities to be provided by the Procuring Entity:

29 Annex A.3 DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE PROJECT 29

30 Annex A.4 TEAM COMPOSITION AND TASKS 1. Technical/Managerial Staff Name Position Task 2. Support Staff Name Position Task 30

31 FORMAT OF CURRICULUM VITAE (CV) Annex A.5 FOR PROPOSED PROFESSIONAL STAFF Proposed Position: Name of Firm: Name of Staff: Profession: Date of Birth: Years with Firm/Entity: Nationality: Membership in Professional Societies: Detailed Tasks Assigned: Key Qualifications: [Give an outline of staff member s experience and training most pertinent to tasks on project. Describe degree of responsibility held by staff member on relevant previous projects and give dates and locations. Use about half a page.] Education: [Summarize college/university and other specialized education of staff members, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.] Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of projects. For experience in last ten years, also give types of activities performed and client references, where appropriate. Use about two pages.] 31