1 PHILIPPINE BIDDING DOCUMENTS CONSULTING SERVICES CAPACITY DEVELOPMENT DIVISION Government...

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PHILIPPINE BIDDING DOCUMENTSCONSULTING SERVICES

CAPACITY DEVELOPMENT DIVISIONGovernment Procurement Policy Board

Technical Support Office (GPPB-TSO)

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TERMS OF REFERENCE (TOR)

The TOR provides the details on the project and the scope of services required of the consultant

The TOR normally contains the following sections: Background Objectives Scope of Services Training (when applicable) Reports and Time Schedule Data, Location Services, Personnel, and Facilities to be

provided by the Procuring Entity

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REQUEST FOR EXPRESSION OF INTEREST

PURPOSE:

The REI provides information that enables potential Bidders to decide whether to participate in the procurement at hand.

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CONTENTS:

1.Funding source GOP or Foreign Amount of ABC, in case of GOP funding

2.Contract details Description of services Contract duration

3.Availability and submission of documents Date, time, and place of availability and submission

4.Participants Number of short listed Entities allowed

•Criteria and rating system1. Short listing Bid evaluation

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POSTING REQUIREMENT:

Advertised once in a newspaper of general nationwide circulation

Newspaper should be in circulation for at least 2 years Advertisement NOT necessary in case of procurement with ABC

of 1M and below or whose duration is 4 months or less

Posted for 7 days in the PhilGEPS and the website of the procuring entity, if available

Posted for 7 days at any conspicuous place in the premises of the procuring entity

Place should be that reserved for the purpose as certified by the head of the BAC Secretariat

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ELIGIBILITY DOCUMENTS

CRITERIA:Persons/Entities allowed to participate [Cl1.1]

a. Filipino citizen/sole proprietorshipb. Partnership/Corporation/Cooperative/Joint Venture with at least

60% Filipino ownership or interestc. Foreign consultant, if allowed in the REI [Cl1.3]

o Must be registered with the appropriate government agencyo Individual actually performing a regulated profession must be duly

registered with appropriate PHL regulatory body

d. Government corporate entities must be (i) legally and financially autonomous, (ii) operating under commercial law, and (iii) not dependent agency of the GOP or PE [Cl1.4]

Qualification Requirement If CS involves practice of regulated profession, individual

(domestic or foreign) must be a registered professional authorized by the appropriate regulatory body [Cls1.2 and 1.3]

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ELIGIBILITY DOCUMENTSREQUIREMENTS:

Class A Legal DocumentsRegistration Certificate from SEC, DTI, CDA or any proof of such registration as stated in the EDS [Cl2.1(a)(i)]

Mayor’s permit issued by city or municipality where the principal place of business is located

Class A Technical DocumentsStatement of all ongoing and completed contracts within the relevant period provided in the EDS [Cl2.1(a)(iii)]

1. Name and location of the contract2. Date of award of contract3. Type and brief description4. Consultant’s role5. Amount of contract6. Contract duration7. Certificate of satisfactory completion or equivalent document specified in

the EDS [Cl2.1(a)(iii.7)]Statement specifying nationality of consultant and confirming that registered professionals will perform the regulated service

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REQUIREMENTS:

Class A Financial DocumentConsultant’s audited financial statement

o for the preceding CY, which should not be earlier than 2 years from date of submission

o stamped “received” by the BIR or its accredited institutions

Class B DocumentIn case of joint venture, valid Joint Venture Agreement (JVA) or notarized statement committing to enter into JV if awarded the contract

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SUBMISSION:

Submitted through the duly authorized representative [§3.1]

Signed and initialed by the duly authorized representative, except unamended printed literature [Cl3.3]

Corrections are valid only if signed or initialed by the authorized representative [Cl3.4]

Original and copies must be submitted in a sealed envelope in the number specified in the EDS [Cl4.2]

In case of discrepancy between the original and a copy, the former prevails [Cl3.2]

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SUBMISSION:

If not properly sealed and marked, PE assumes no responsibility for its misplacement or premature opening [Cl4.4]

Must be received at the address and on the date and time indicated in the REI and the EDS. [Cl5]

Submission after the deadline shall not be accepted. [Cl6]

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MODIFICATION AND WITHDRWAL:Modifications are allowed, but original submission cannot be retrieved. Instead, bidder must submit another set equally sealed and properly marked as modification. [Cl7.1]

Bids may be withdrawn for valid and justifiable reason, provided that letter of withdrawal is received prior to the deadline. [Cl7.2]

Letter of withdrawal shall be read out and recorded during the opening. [Cl8.1]

If bidder is present, documents shall be returned to the representative

If bidder is absent, documents shall be returned by registered mail

Withdrawn eligibility documents must be returned unopened. [Cl7.3]

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ELIGIBILITY DOCUMENTSOPENING AND EXAMINATION:

BAC opens eligibility documents in the presence of attending bidders at the time, on the date, and at the place specified in the EDS and REI [Cl8.1]

Bidders attending shall sign register evidencing attendance [Cl8.1]

Ineligible bidders have 3 calendar days from receipt of written notice or verbal notification to file request for reconsideration [Cl8.3]

Eligibility documents shall be opened one at a time, and the following read out and recorded: [Cl8.4]

Name of prospective bidder Presence of modification or substitution Presence or absence of the required documents

Examination shall be based on a non-discretionary “pass/fail” criterion [Cl8.5]

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SHORTLISTING:Only prospective bidders whose submitted contracts are similar in nature and complexity to the contract being bid out shall be considered for short listing [Cl9.1]

Contracts of similar nature and complexity are provided in the EDS

BAC draws up short list from those declared eligible using the detailed criteria and rating system specified in the EDS and REI. [Cl9.2]

Only short listed consultants shall be invited to submit bids and be considered for award [Cls9.3 and 9.4]

Short listed bidders should confirm in their bids that the information contained in the eligibility documents remains correct as of the date of submission [Cl9.4]

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INSTRUCTION TO BIDDERS (ITB)

NOTE: Section II contains provisions that are to be used unchanged

PURPOSE:

To provide the information necessary for Bidders to prepare responsive bids, in accordance with the requirements of the Procuring Entity.

It also provides information on bid submission, opening, evaluation, and award of contract.

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CONTENTS:

1.Name of the Procuring Entity (PE)

2.Evaluation procedure

3.Source of funds

4.Name of the Project

5.Brief description of the Project

6.Completion of Project in phases If BDS so indicates, each phase must be completed to the PE’s satisfaction prior to the

commencement of the next phase

7.Consultants to familiarize with local conditions

•Consultant’s costs in preparing its bid and negotiating the contract are not reimbursable

1.Consultant should not be declared ineligible for corrupt, fraudulent, collusive, or coercive practices

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CONFLICT OF INTEREST :Consultants must provide professional, objective, and impartial advice and at all times hold the interests of the PE paramount

Consultants cannot be hired for any project that would be in conflict with their prior or current obligations to other entities, or that may place them in a position of not being able to carry out the Project in the best interest of the PE

Examples of conflict: Combines the function of consulting with those of contracting and/or supply of

equipment

Associated with, affiliated to, or owned by a contractor or a manufacturing firm offering services as consultants

o Unless the consultant disqualifies itself and its associates form work in any other capacity that may emerge from the Project

Carry out a project that, by its nature, shall result in conflict with a prior or current project

Disclosure of relationship

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CONFLICT OF INTEREST :Consultant must clarify their situation with respect to any previous or ongoing project with the PE before preparing its bid

Failure to disclose conflict of interest at any time shall result in the imposition of the maximum administrative, civil, and criminal penalties

Consultants are discouraged to include officials and employees of the GOP

Participation of government employees shall be subject to CSC rules

PE shall make available to all short listed consultants all information that would in that respect give each consultant a competitive advantage

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PREPARATION OF BIDS

SUBCONTRACTING:

a.Procuring entity shall state in their Bid Docs whether to allow subcontracting arrangements

b.Bid docs shall identify portions of the contract which may be subcontracted which shall not exceed the maximum percentage limitations

Only a maximum of 20% of the consulting service may be subcontracted

c.Subcontracting shall not relieve the principal from any liability or obligation

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PREPARATION OF BIDS

d.Subcontractor may be identified at any stage of the bidding process or during contract implementation

e. If subcontractor is disclosed during bid submission, bidder shall include the required documents as part of the bid’s technical component.

f. Subcontractors must comply with the eligibility criteria and documentary requirements as specified by the PE in their Bid Docs.

g. If sub-contractor is ineligible, sub-contracting shall be disallowed.

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PREPARATION OF BIDS

TECHNICAL PROPOSAL:

Shall be declared non-responsive if the technical proposal includes any financial information

For projects on a staff-time basis, the estimated number of professional staff-months shall be specified in the BDS

Bids are based on the number of staff-months estimated by the consultant

Proposed professional staff must, at least, have the experience indicated in the BDS

No alternative professional staff shall be proposed and only one CV may be submitted for each position

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PREPARATION OF BIDS

TECHNICAL PROPOSAL: CONTENTS

Bid security

Brief description of the organization and outline of recent experience (TPF 2. Consultant’s References)

Description how the consultant shall carry out the services provided in the TOR

Work plan showing the timing of major activities, meetings, and deliverables

Time schedule (TPF 7. Time Schedule for Professional Personnel) indicating the estimated duration in terms of person-months and the proposed timing of each input for each expert

Organization chart indicating relationships amongst the stakeholders involved in the project

Comments, if any, on the TOR (TPF 3. Comments and Suggestions of Consultant on the TOR…)

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PREPARATION OF BIDS

TECHNICAL PROPOSAL: CONTENTS

List of facilities requested by the consultant

Name, age, nationality, background employment record, and professional experience of each nominated expert (TPF 6. Format of CV for Proposed Professional Staff)

Confirmation that the content of CV is correct and commitment to work for the Project if awarded the contract

Omnibus Sworn Statement

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PREPARATION OF BIDS

FINANCIAL PROPOSAL: CONTENTS

All information shall be treated as confidential

Completed Financial Proposal Forms

Remuneration and reimbursable expenditures are divided into international and domestic consultants

Experts and their respective inputs must match and shown in the Technical Proposal Forms

Consultant shall be subject to Philippine taxes. The BDS details the taxes payable.

Financial Proposal shall clearly estimate the local taxes, duties, levies, and other charges

Total calculated bid price shall not exceed the ABC, unless otherwise provided in the BDS

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BID EVALUATION

ALTERNATIVE BIDS

Alternative bid is an offer 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.

Consultants shall submit only one bid and shall not associate with any other entity other than those already provided in its eligibility documents and allowed by the PE

NOTE:Alternative bids shall be rejected.

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BID EVALUATION

Numerical ratings shall be used Olympic scoring recommended to eliminate bias

For complex or unique undertakings, short listed consultants may be required to make an oral presentation

Entire evaluation process shall be completed in not more than 21cd after the deadline for receipt of bids

All participating short listed consultants shall be furnished the results (ranking and total scores only) of the evaluation after approval by the HOPE

Results shall also be posted in the PhilGEPS and PE’s website

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EVALUATION OF BIDS

TECHNICAL PROPOSAL EVALUATION

Detailed evaluation of bids follows either Quality Based or Quality-Cost Based procedure as specified in the BDS

BAC evaluates Technical Proposals based on the requirements under ITB Clause 10 and responsiveness to the TOR using the following criteria: Quality of Personnel Experience and capability of the consultant Plan of approach and methodology

BAC assigns numerical weights to each of the criterion as indicated in the BDS

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EVALUATION OF BIDS

FINANCIAL PROPOSAL EVALUATION

Opened on the date specified in the BDS

Evaluated based on the evaluation procedure indicated in the BDS (Quality Based or Quality-Cost Based)

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NEGOTIATION

Shall be held at the address indicated in the BDS

PE to negotiate on the basis of the experts named in the bid

PE shall not consider substitutions during negotiations, except for justifiable reasons

Consultant may be disqualified absent justifiable reason for the substitution, and if it is established that key staff were offered without confirming their availability

No replacement is allowed after contract award until after 50% of the personnel’s man-months have been served.

Violators shall be fined an amount equal to the refund of the replaced personnel’s basic rate

Negotiations shall conclude with a review of the draft contract and completed with the signing of the agreed contract

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GENERAL CONDITIONS OF CONTRACT (GCC)

and SPECIAL CONDITIONS OF

CONTRACT (SCC)

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GCC and SCC

NOTE:

The details in the GCC and SCC, submission and other required documents listed therein, expressing all the rights and obligations of the parties, should be complete.

The GCC herein shall not be altered

Any changes and complementary information, which may be needed, shall be introduced only through the SCC

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GCC and SCC

PROCURING ENTITY’S RESPONSIBILITIES

PE to make best effort to assist the Consultant in obtaining permits, approvals, import, and other licenses required for the performance of the obligations in the Contract.

PE shall pay all costs involved in the performance of its responsibilities.

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GCC and SCC

PRICES

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.

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GCC and SCC

STANDARDS

Consultant shall –Perform the Services and carry out their obligations with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods.

At all times support and safeguard the Procuring Entity’s legitimate interests in any dealings with Sub-Consultants or third parties.

Cooperate and coordinate with the Procuring Entity with respect to the carrying out of its obligations

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GCC and SCC

RESIDENT PROJECT MANAGER

If required in the SCC, the consultant shall ensure that a resident project manager takes charge of the performance of the services

RELATIONSHIP OF PARTIES

No employer-employee relationship is established

Consultant has complete charge and responsibility over its personnel

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GCC and SCC

NOTICES

Any notice, request, or consent required shall be in writing

Notice deemed to have been given when received by the concerned party, in person or through an authorized representative, or when sent by registered mail, telex, telegram, or facsimile at the address mentioned in the SCC

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GCC and SCC

WARRANTY AS TO ELIGIBILITY

Consultant warrants that it and its sub-consultants, if any, has the legal personality to act as a consultant

Consultant shall fulfill the services under the contract using knowledge according to the best accepted professional standards

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GCC and SCC

PAYMENT

PE may refuse to make payment when the terms and conditions of the contract are not satisfactorily performed

Payments shall be made to the account of the consultant specified in the SCC

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GCC and SCC

TERMINATIONMay be done by the PE or by the consultant pursuant to Cls 27, 28, and 29

Disputes on the event of termination may be referred to arbitration pursuant to Cl34

•Contract shall not be terminated except in accordance with the arbitral award

CESSATION OF SERVICES

Upon dispatch or receipt of notice to terminate the contract, the consultant shall immediately take all necessary steps to bring the services to a close in a prompt and orderly manner and make reasonable effort to keep expenditures to a minimum [Cl30]

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GCC and SCC

CESSATION OF RIGHTS

Upon termination, all rights and obligations under the contract shall cease, except

• Rights and obligations already accrued on the date of termination

• Obligation of confidentiality set forth in Cl 17

• Consultant’s obligation to permit inspection, copying, and auditing of its accounts and records provided in Cl 51

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GCC and SCC

OWNERSHIP All plans, drawings, specifications, designs, reports, other

documents, and software prepared by the consultant for the PE under the contract shall become and remain the property of the PE [Cl35]

Equipment and materials furnished by the PE or purchased by the consultant with funds provided by the PE remains to be the property of the PE

•Consultant shall make available to the PE an inventory of such equipment and materials

SERVICES, FACILITIES AND PROPERTY If the services, facilities, or properties described to be provided by

the PE are not available when so specified, the parties shall agree on:

–Any time extension–Manner of procurement–Additional payments to the consultant, if any

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GCC and SCC

ACTIONS REQUIRING PRIOR APPROVAL

Appointing members of the Personnel listed in Appendix IIIEntering into a subcontractReplacement of any personnelActions specified in the SCC

PERSONNELTitle, agreed job description, minimum qualification and estimated period of engagement as described in Appendix III

Additional key personnel proposed to be included shall be submitted to the PE for review and approval

No changes shall be made in the Key Personnel, except for justifiable reasons beyond the control of the consultant

PE may request the consultant to perform additional services not covered by the original scope of work but are determined to be critical for the satisfactory completion of the services

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GCC and SCC

(CON’T) PERSONNEL Remuneration and reimbursement claimed by the consultant in

case of replacement shall be subject to the approval of the PE Consultant shall replace any personnel who has committed

misconduct or unsatisfactory performance upon the request of the PE

COUNTERPART PERSONNEL If allowed in Appendix III, PE shall make counterpart personnel

available to the consultant Consultant may request for replacement if counterpart personnel

fails to adequately perform any work and PE shall not unreasonably refuse

PE and consultant shall agree how the affected part of the services shall be carried out if counterpart personnel lacks capacity

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GCC and SCC

WORKING HOURS Travel time prior to and after contract implementation shall

not be considered as part of the working hours

Key personnel not entitled to claim payment for overtime work, sick leave, or vacation leave as these are already covered by the consultant’s remuneration

Leave should not delay the progress of the services

If required for compliance with Standards of Performance, adjustments on estimated periods of engagement may be made by the consultant by prior written notice to the PE, provided that Adjustments shall not alter the originally estimated period by

more than 10% Aggregate of adjustments shall not cause payments to exceed

ceilings under Clause 52 (Contract Cost)

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GCC and SCC

NOT TO BENEFIT FROM COMMISSIONS

Consultant’s remuneration under Clause 53 is the sole remuneration in connection with the contract. It cannot accept benefits from any trade commission, discount, or similar payment

PROCUREMENT BY THE CONSULTANT

If consultant has responsibility of advising or procuring goods for the PE, the consultant shall comply with any applicable procurement guidelines and shall at all times in the best interest of the PE

Discounts or advantages shall be for the benefit of the PE

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GCC and SCC

REPORTSConsultant shall submit deliverables as specified in Appendix II

ACCESS TO LANDPE warrants that the consultant shall have free access to all lands required for the performance of the service

PE shall be responsible for any damage to such land resulting from such access and indemnify the consultant

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GCC and SCC

ACCOUNTING, INSPECTION, AND AUDITING

Consultant to keep accurate and systematic accounts and records in relation to the services

PE permitted to inspect accounts and records and make copies for auditing purpose

CONTRACT COST

Payments shall not exceed the ceiling specified in the SCC

Consultant shall notify the PE once cumulative charges incurred have reached 80%

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GCC and SCC

REMUNERATION AND REIMBURSABLE EXPENDITURESRemuneration is determined on the basis of time actually spent by the personnel in the performance of the service

Remuneration shall be determined on the basis of time actually spent by such Personnel in the performance of the service

Remuneration for periods of less than one month shall be calculated on an hourly basis (spent in home office) and calendar basis (spent away from home office)

Reimbursable expenditures actually and reasonably incurred by the consultant are provided in the SCC

Advance payment allowed, subject to compliance with the conditions

Consultant shall submit itemized statement of reimbursable expenses

PE shall pay within 60 days after receipt of monthly statement

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GCC and SCC

FINAL PAYMENT

Shall only be made after the final report and a final statement is submitted to, and approved as satisfactory by, the PE

LUMP SUM CONTRACTS

Personnel – any replacement approved by the PE shall be provided at no additional cost

Staffing Schedule – if PE sees that the rate of progress is too slow to ensure that the service is completed on schedule, it shall notify the consultant and the latter shall take the necessary steps to expedite the progress

No additional payment for variation order shall be allowed, unless specified in the SCC

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THANK YOU!!

Contact us at:

Unit 2506 Raffles Corporate CenterF. Ortigas Road, Ortigas CenterPasig City, Philippines 1605

TeleFax: (632)900-6741 to 44

1 PHILIPPINE BIDDING DOCUMENTS CONSULTING SERVICES CAPACITY DEVELOPMENT DIVISION Government...

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