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1. DECLARATION OF PRINCIPLES
1.1
These IRR, as an instrument of government, enfore and fulfill the spirit
and purpose of the 1987 Constitution as expressed in the following State policies
embodied therein:
a.
The State give priority to education, science and technology arts,
culture, and sports to foster patriotism and nationalism, accelerate social
progress, and promote total human liberation and development.
b.
The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
c.
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.
d.
The State shall protect Filipino enterprises agrainst unfair foreign
competition and trade practices.
e.
The Congress shall enact measures that will encourage the
formation and operation for enterprises whose capital is wholly owned by
Filipinos.
f.
In the grant of rights, privileges, and concessions covering the
national economy and patrimony, the State shall give preference to
qualified Filipinos.
g.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordancen with its
national goals and priorities.
h.
The State shall promote the preferential use of Filipino labor,
domestic materials and locally produced goods, and adopt measures that
help make them competitive.
i.
The sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professinals, high-level
technical manpower and skilled workers and craftmen in all fields shall be
promoted by the State.
j.
The practice of all prosessions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law.
k.
The State shall give priotity to research and development,
invention, innovation, and their utilization; and to science and technology
education, training and services. It shal support indegenous, appropriate
and self-reliant scientific and technoligical capabilities, and their
application to the countrys productive systems and national life.
1.2
Based on the aforestated basic policies, Consultants for government
projects shall be limited to Filipinos, save in cases prescribed by law or otherwise
provided for in Sections 2.1 and 2.5 of these IRR.
2.
2.1
Policy Objectives
2.1.1 It is the policy of the State to adopt a standard set of rules and
regulations governing the procurement of consulting services for
government projects and other related activities which shall:
a. Achieve maximum efficiency and economy in the development and
implementation of government projects and related activities;
b. Enhance the growth of the local consulting industry and optimize the
use of local expertise materials and other resource;
c. Bring about the tranfer or introduction of new technology into the
country; and
d. Serve as means of maintaining transparency on various government
transactions.
Definition of Terms
2.2.1
Government Projects
2.2.2
a.
b.
Consulting Services
A Consultant
A Filipino Consultant
2.2.4.1 A Filipino Consultant may be an individual, sole proprietorship,
partnership or a corporation satisfying the definition of a
Consultant as defined in Section 2.2.3 and who satisfies the
following requirements;
a.
Individual
i. He must be a citizen of the Philippines.
ii. When the types and fields of consulting services in which he
wishes to engage involve professions regualted by law, he must be
a registered professional authorized by the appropriate regulatory
body to practice those professions.
b.
Sole Proprietorship
i. The owner of hte sole proprietorship must be a citizen of the
Philippines.
ii. The sole proprietorship firm must be registered and authorized by
the Bureau of Domestic Trade.
iii. When the types and fields of consulting services in which the sole
propritorship wishes to engage involve professions regulated by
law, the owner and key staff of the sole proprietorship must be
registered professionals authorized by the appropriate regulatory
body to practice those professions or allied professions.
c.
Partneship
I. At least sixty percent (60%) of the partnerships interest must be
owned by citizens of the Philippines.
ii. The partnership firm must be registered with and authorized by the
Securities and Exchange Commission to engage in consulting
services.
iii. When the types and fields of consulting services in which the
partnership fir wishes to engage involve professins regualted by
law, all the partners of the partnership firms shall be registered
professionals authorized by the appropriate regulatory body to
practice those professions or allied professions.
d. Corporation
i. At least sixty percent (60%) of both the subscribe and paid-up
capital must be owned by citizens of the Philippines.
ii. The corporation must be registered with and authorized by the
Securities and Exchange Commission to engage in consulting
services.
iii. When the types and fields of consulting services in which the
corporation wishes to engage involve the practice of professions
regulated by law, the following conditions shall be observed:
(1) One hundred percent (100%) of both the subscribed and paid-up
capital must be owned by registered professionals authorized by
the appropriate regulatory body to practice those professions or
allied professions; and
(2) The principal officers of the corporation must be registered
professionals authorized by the appropriate regulatory body to
practice those professions or allied professions.
2.2.4.2
2.2.5.
A Foreign Consultant
a. The Foreign Consultant must be registered with the Securities and Exchange
Commission and/or any agency authorized by law.
b. When the types and fields of consulting services in which the Foreign
Consultant wishes to engage involve the practice of regulated professions, the
foreign Consultant must be authorized by the appropriate Philippine
government professional regulatory body to engage in consulting services
involving the practice of those professions and allied professions. The limits
of such authority shall be strictly observed.
2.2.5.2 The above requirements shall be complied with only as preconditions to the
award of contract but not during the selection process. Presented under
Appendix G are the documentary requirements and procedures including the
time frame involved, in registering with the Securities and Exchange
Commission and the Professional Regulation Commission.
2.3
2.4
2.3.2
The required consulting services shall be categorized into purely local experts
or joint foreign and local experts which shall be indicated in the
announcement for required consulting services.
Independence of Consultants
To ensure the Consultants professional independence, integrity and
objectiveness, Consultants and key staff working for the consulting firm, who may
be directly or indirectly associated with non-consulting firms that may have
interest or bias with the project concerned, shall be selected only if they agree to
limit their role to that of Consultants and will disqualify themselves and their
affiliates for products and services on the same government project.
2.5
Hiring of Consultants
2.5.1 Consultants shall be hired on the basis of their proven expertise, experience,
capability and integrity.
2.5.2 In order to manifest trust and confidence in and promote the development of
Filipino consultancy, Filipino Consultants shall be hired whenever the services
required for the project are within the expertise and capability to render the
services required under the project, Foreign Consultants may be hired,
provided that in the interest of effecting technology transfer, Foreign
Consultants shall be required to associate themselves with Filipino
Consultants.
2.5.3. In the hiring of Foreign Consultants, all pertinent laws and regulations of the
Philippines shall be followed. The requirement for technology transfer shall
be emphasized.
2.6
Joint Venture
Joint ventures among Filipino Consultants and among Filipino and Foreign
Consultants may be allowed if such results in better quality of consultancy subject
to pertinent laws and the provisions of Section 2.5. The joint venture shall be
jointly and severally responsible for the services and the civil liabilities arising
from the consulting services.
3.
ORGANIZATION
3.1
3.1.2
3.1.4
3.2
Registration of Consultants
3.2.1
3.2.2
3.3.
Organization of Consultants
3.3.2
4.
4.1
General
4.1.1
4.2.
4.3
These are the studies which normally precede decisions to go (or not to
go) forward with specific projects. These studies may have as their
objectives:
a. To establish investment priorities and sector policies;
b. To determine the basic feature and the feasibility of individual
projects; and
4.4
4.3.2
4.3.2
4.3.3
Studies for objective (b) include, among others, the functional design,
project site selection, architectural and space programming and
physical layout of specific projects, preliminary design an cost
estimates, and the economic and financial analyses required for project
evaluation.
4.3.4
Design
4.4.1
4.5
Construction Supervision
4.5.1
4.6
4.7
4.7.2
The Special Studies may include the following and otehr studies not
covered under any of the services and studies described above:
a. Soils investigation;
b. Studies, tests and process determination performed to establish
design criteria for water facilities;
c. Detailed mill, shop, and / or laboratory inspection of materials and
equipment;
d. Land surveys, establishment of boundaries and monuments, and
related office computations and drafting;
e. Parcellary surveys;
f. Engineering surveys
photogrammetry;
(for
design
and
construction)
and
SELECTION OF CONSULTANTS
5.1
The Terms of Reference (TOR) shall clearly and adequately define the
objectives, scope and expected outputs of the proposed works, the
expected time frame, and the functions and duties to be assigned to the
5.3
5.2.2
b.
c.
5.4.3 Appendix B is a sample set of criteria and rating systems for short listing
Consultants.
5.4.4 The PEAC shall recommend the short list of Consultants to the Head of
department/office/agency/corporation/local
government
unit
for
consideration/approval. If required under the loan agreement on foreignassisted projects, the short list shall be submitted to the foreign financial
institution together with the draft Invitation to Submit Proposal for approval or
concurrence.
5.5
actual mailing of the letter of invitation depending upon the discretion of the Head
of department/office/agency/corporation/local government unit concerned relative
to the nature of the project as indicated in the letters of government unit concerned
relative to the nature of the projects as indicated in the letters of invitation. A
sample letter of invitation to submit Technical Proposal is shown in Appendix C.
f. Criteria with its relative weights and the system of rating and selction of
Consultants.
g. List of short-listed Consultants.
5.5.3
In case only one shorlisted Consultant submits its technical and financial proposal,
the PEAC has the option to declare the selection process a failure or consider the
lone proposal for award provided it passes the evaluation.
5.6
5.6.2
For the evaluation of proposals, numerical ratings shall be used along the lines
shown in Appendix D - Criteria for Selection of Consultants. In the
evaluation of hte technical proposals, the highest and lowest scores of a firm
for each criterion shall not be considered in determining the total scores of the
Consultants.
5.6.3 After the proposals have been submitted to the PEAC and during the
evaluation period local or foreign consultancy firms which have submitted
their own proposals are prohibited from making any kind of communication
with any PEAC members including its staff and personnel regarding matters
connected to their proposals. The evaluation of the technical proposal shall be
completed in not more than thirty (30) days after the deadline for receipt of
proposals.
5.6.4 The PEAC shall submit the results of its evaluation and recommend the
ranking in descending order of the Consultants to the Secretary/Agency Head
(for those not attached to a department)/governing boards of government
owned or controlled corporations (GOCCs) boards or councils of local
government units for consideration/approval within five (5) working days after
the evaluation of the proposals shall have been completed.
The
Secretary/Agency Head/governming boards of government owned or
controlled corporation/boards or councils of local government units shall
approve/disapprove the recommendations of the PEAC within fifteen (15)
days after receipt of hte results of the evaluation of technical proposals
from the PEAC. In case of foreign-assisted projects, the results of the
evaluation together with the criteria used shall be submitted to the foreign
financing institution as required /agreed upon within five (5) working days
after approval of the same by the Secretary/Agency Head (for those not
attached to a department)/governming boards of GOCCS/Boards or councils
of local government units. In line with item (d) of the policy objectives, shortlisted Consultants shall likewise be furnished and other interested parties shall
be given access to the results of the evaluation after the approval of the
resolution of the award.
5.6.5
5.7
NEDA, the umbrella organization of Consultants, and all participating shortlisted Consultants/Consulting firms shall be furnished the results (ranking and
total scores only) of the evaluation after the approval by the Head of Office.
5.8
5.7.2
5.7.3
5.7.4
Negotiation Coverage
5.9.1
5.9.2 Except for meritorious reasons, negotiatons with any one consultant shall
be completed within fifteen (15) working days.
5.10
5.11.3
6.
6.2
6.3
General
6.1.1
6.1.2
b.
c.
6.2.2
Basic Rates
6.3.1
6.4
The basic rates represent the salries actually being received by the
professional staff from the Consultant as certified by the Consultant with a
sworn
statement
to
be
submitted
to
the
department/office/agency/corporation/local government unit. The basic
rates of all individual members of the staff be clearly indicatedf in the
contract.
x. Taxes.
In any case, the overhead cost shall not exceed 120% of the basic salary.
b. Social charges - cost items as a percentage of basic salary for the welfare and
benefit of the Consultants staff in accordance with the policies of the
Consultant and of the government of the country of the Consultant, and may
include any or a combination of the following based on audited and sworn
statement to be submitted by the Consultant to the agency concerned:
i. Bonuses;
ii. Vacation/sick leave and paid public holidays;
iii. Medical Care;
iv. Pension plan - retirement and/or terminal pay;
v. Company insurance; and
vi. Other benefits as required by law.
c. Management fee - remuneration for the professional know-how and expertise.
The amount of fees shall be fixed as a percentage of the sum of the basic
salary, overhead cost and social charges depending on the complexity of the
services rendered and other consideration, but not to exceed 15%.
6.4.2
The sum total of the basic salary, overhead, social charges and management fee as
percentage of basic salary represents the billing factor or multiplier. The size of
the multiplier may vary with the types of work, the organization and experience of
the Consultant, and the geographic area in which its office is located. The
multiplier normally ranges from 2.0 to 3.0 for the technical personnel, and shall
not exceed 1.8 for the administrative personnel directly hired for hte project.
6.5
Reimbursable Cost
6.5.1
6.6
These include all other expenses associated with the execution of the
services. These costs may be classified into:
a.
b.
Reimbursable Cost
6.6.1
These are cost items which are payable at agreed unit rates to the staff and
include the following, among others:
a.
b.
6.7.1
These are all other reimbursable costs which shall be supported with
invoices and/or other supporting papers and include the following:
a. International travel - this covers the cost of full fare economy class air
transportation preferably through the Philippine Air Lines by the most
direct and expenditious air routes of the expantriate Consultants staff
and their eligible dependents, i.e., wife and children under 18 years not
to exceed two (2) children, from their point of origin. Eligible
dependents are those of the personnel assigned to resident duty in the
Philippines for periods of not less than one (1) years, and for those
whose period of cnstructive assignment is over 6 monts but less than
one year, only the wife will be entitles for reimbursement of the cost
of transportation. (For air fare of dependents, half fare for children
below 11 years old). An expatriate and his wife shall be allowed the
cost of excess baggage up to 20 kilograms each per round trip;
b. Domestic travel - this covers the cost full fare economy class air
transportation by the most direct and expeditious routes of the
Consultants staff for official trips authorized by the agency and/or
explicity required in the contract;
c. Domestic transporatation - the provision of vehicles and equipment
either through purchase or rental shall be in accordance with Section
6.11 hereunder.
d. Communication expenses;
e. Cost of engineering/office supplies and cost of preparing/reproduction
drawings and otehr documents to be submitted;
f. Cost of field office either through rental or construction; and
g. Cost of other items deemed necessary for the project as certified by the
agency concerned.
6.7.2 The Consultant may sub-contract certain jobs like surveys, soil
investigation and testing, etc. with qualified local contractors under the
supervisin of the Consultant. The sub-contract shall be approved by the
agency and billed at cost to the agency.
6.8
6.8.2
6.8.3
6.8.4
6.8.5
The percentage fee shall consider the type, complexity, location, and
magnitude of construction cost of the project and shall not exceed the
following percentages of estimated construction cost:
a.
b.
c.
d.
It is further emphasized that the above percentages are only ceilings and it
does not necessarily mean that the said percentages shall always be
adopted for each project. The actual percentage for a particular project
will depend on the factors mentioned above, i.e., the type, complexity,
location and magnitude of construction cost. As a general rule, projects
6.9
Escalation
6.9.1
Adjustment of the billing rates and reimbursable cost based on fixed rates
to cope with price movements will take place not more than once a year,
with the first adjustment to be made after one (1) year from the date that
financial negotiations are finalized. All proposed rate adjustments shall
be submitted with substantiating reasons or documents. The Consultant
shall have to prove to the agency, by submitting an audited statement or
any other equivalent documentation that its average salary increase is
equal at least to the demanded percentage of price adjusment increase.
Said increases will be subject to prior approval of agency .
The
adjustments will be claimed retroactive to the date approved by the agency
concerned. The Consultants request for adjustment of rates shall be
based on the audited statement but not to exceed the following formula:
Adjusted Rate = Contruct Rate x I/I.
I
1. - represents the consumer price index for the month preceding the date
of signing of the contract by the authorized official of the agency.
6.9.2
For adjustment of the foreign currency rates, the Consultant shall submit
the cost of living index as prepared by the relevant agency of the
government in the home country of the Consultant as validated and
authenticated by the Philippine Embassy in the home country.
6.9.3
For adjustment of the local rates, the Consultant shall submit the cost of
living index as prepared by the National Statistics Office (NSO).
Adjustment of rates for any one adjustment period shall not exceed ten
percent (10%).
6.9.4
6.10
Contigency
6.10.1 Payments in respect of costs which would exceed the estimates set forth in
Section 6.1 may be chargeable to the contigency amounts in the respective
estimates only if such costs are approved by the agency concerned prior to
its being incurred and provided, further, that they shall be used only in line
with the unit rates and costs specified in the contract and in strict
compliance with the project needs. Contingency amount shall not exceed
5% of the amount of the contract.
6.11
The agency should provide the justification for the necessity of the
inclusion of the items in the contract;
b.
c.
e.
f.
g.
h.
7.
7.1
Preparation of Agreement
7.1.1
7.1.2
7.2
Definition of terms;
b.
c.
Personnel to be involved;
d.
Cost of services;
e.
f.
g.
General conditions;
h.
i.
Execution.
7.3
b.
c.
d.
e.
f.
g.
Approval of Agreement
7.3.1
7.4
8.
In accordance with Section 3 of Executive Order No. 164, the NEDA shall
be
furnished
by
the
departments/offices/agencies/government
corporations/local government unit concerned, with copies of all
consultancy agreements involving the amount of P 1 million or more
complete with attachments, including the documents leading to the award
of the contract in accordance with these IRR, for monitoring purposes.
7.4.2
The Government, however, reserves the right to reject any or all proposals
and to waive any required formality in the proposals received.
IMPLEMENTATION
8.1
b.
c.
8.3
Performance Guarantee
To guarantee the faithful performance of the Consultant under contract, the final
payment shall be withheld until after a certificate of completion indicating
satisfactory completion of the consultancy services shall have been issued by the
concerned government agency. The final payment should not be less than 10% of
the total contract amount but may be released if substituted by a surety bond of the
same amount, callable on demand, or a letter of credit from an accredited
insurance or financial institution. The bon should only be held within one year.
8.4
The services of the Consultant may be extended for the performance of additional
work (man-months) not covered under the original agreement through
supplemental agreement. The remuneration to the Consultant for the additional
man-months, including the terms and conditions for additional work, shall be
governed by the provisions of the original agreement. The total consultancy cost
of all supplemental agreements shall not exceed 50% of the original contract
amount regardless of the number of supplemental agreements. Should additional
consulting services be required for the project that will result in a total additional
consulting cost greater than 50% of the original contract amount,
Consultant/consulting firm shall be engaged through the process stipulated in
these IRR.
9.
APPLICABILITY
9.1
9.2
Any amendment to these IRR shall apply to all consulting services advertised after
ten (10) days from date of its dissemination by the National Economic and
Development Authority (NEDA) Committee on Infrastructure (INFRACOM).
For consulting services advertised before said effectivity date, the previous IRR
shall apply.
9.3
The above notwithstanding these IRR shall not negate any existing and future
commitments with respect to the selection of Consultants financed partly or
wholly with funds from international financial institutions, as well as from
bilateral and other similar sources as stipulated in the corresponding agreements
with such institutions/sources.
APPENDIX A
GUIDELINES IN THE PREPARATION OF
PREQUALIFICATION STATEMENT
2.
Name of affiliate firms, their year established, countries of origin, and type
of organization.
3.
Type exact and complete home office, business address, telephone number
and cable address. For consulting firms of foreign registry, indicate if
there is any branch office/s established in the Philippines and where
established.
4.
5.
6.
7.
List not more than two (2) principals who may be contacted by this Office.
Listed principals must be empowered to speak for the firm on policy and
contractual matters.
8.
8.a
Under this items, indicate the volume of gross consultancy fees per
year for the last five years. Gross fees received may be as Prime
Consultant or in association or joint venture with consulting firms.
8.b
8.c
9.
10.
11.
NOTE: Additional data, brochures, photos, etc. should not accompany this form unless
specifically requested.
DATE:
Year
Type of Organization
CONSULTANT
Estab
Country
Indiv.
Part.
Corp.
1) NAME
2) AFFILIATED FIRMS
3) HOME OFFICE/BUSINESS ADDRESS/TEL. NOS./CABLE ADDRESS
4) FORMER CONSULTANTS NAME & YEAR ESTABLISHED FIRM OWNERSHIP
5) NARRATIVE DESCRIPTION OF FIRM (Use other sheet if necessary)
6) PARTNERS, DIRECTORS, OFFICERS, KEY PERSONNEL OF FIRM
NAME AND TITLE
DEGREE (S)
YEARS
WITH FIRM
NUMBER
a. Civil Engineers
b. Structural Engineers
c. Electrical Engineers
d. Mechanical Engineers
e. Architects
f. Economists
g. Others (Specify)
SUPPORT TECHNICAL
(Indicate as in above)
ADMINISTRATIVE STAFF
(Indicate type, e.g. typist)
8a) ANNUAL VOLUME OF GROSS FEES
(LAST 5 YEARS)
8c) RANGES OF PROFESSIONAL FEES INDEX
1. Less than P100,000
2. P100,000 to P250,000
3. P250,000 to P 500,000
4. P500,000 to P 1 million
5. P1 million to P2 million
6. P2 million to P5 million
7. P5 million to P10 million
Other
AGE
TYPES OF SERVICES
ABCDE
1. Engineering
2. Architecture
3. Finance
4. Management
5. Agriculture
6. Law
7. Others (Please Specify)
A - Advisory and Review Services
B - Pre- Investment or Feasibility Studies
C - Design
D - Construction Supervision
E - Other Techinical Services or Special Studies
10) PROJECTS HANDLED BY THE CONSULTANT FOR THE LAST FIVE YEARS
PROJECT NAME/YEAR
SERVICE
CLIENT
RENDERED
INDEX
FEE
__________________________
PRESIDENT
NOTARY PUBLIC
APPENDIX B
CRITERIA FOR SHORT LISTING OF CONSULTANTS
ITEM
WEIGHT
RATING
1. APPLICABLE EXPERIENCE
a. Completed consulting services of size,
complexity and technical specialty
comparable to job under consideration,
including quality of performance.
30%
(20%)
(5%)
(5%)
50%
(50%)
SCORE
20%
3 - Very Good
4 - Most Suitable
The rating multiplied by their respective weights give the weighted scores. These
are added to determine the total points for a Consultant. The Consultant may then be
ranked according to their total points and the top three to seven may be considered as the
short list.
The percentages/weights/criteria shown herein serve only as illustrative examples.
The percentages/weights/criteria to be used shall be at the discretion of the
department/office/agency/corporation/local government unit concerned depending of the
complexity of the project. The actual percentages/weights criteria to be used in shortlisting the consultants shall be indicated in the Letter of Invitation.
Job Capacity in the example shall mean absorptive capacity to do additional
works other than those currently being undertaken.
APPENDIX C
REPUBLIC OF THE PHILIPPINES
(DATED) _______________
(Name of Firm)
(Address)
Gentlemen:
SUBJECT:
REQUEST
FOR
TECHNICAL
PROPOSAL
FOR
CONSULTING SERVICES FOR THE (BRIEF STATEMENT
OF JOB, E.G., DETAILED ENGINEERING OF THE
PROPOSED IMPROVEMENT OF THE PORT OF CEBU)
(Chairman)
PREQUALIFICATION, EVALUATION
AND AWARD COMMITTEE
APPENDIX D
CRITERIAL FOR SELECTION OF CONSULTANTS
1.EXPERIENCE AND CAPABILITY OF FIRM
A. Record of previous engagement, and quality of performance in similar project (5
points) ........................................................
____________
B. Record of previous engagement in other project (2 points) .........
____________
C. Relationship with previous and current clients, considering repeat engagements as
Consultants, disputes arising out of past work or extent of litigations, if any (1
point) ...................................................
____________
D. Overall work commitments, geographical distribution of current/impending
projects and attention to be given by the Consultant
points) .................................................
____________
(2
APPENDIX E
(DATE)
___________________
(Name of firm)
(Address)
Gentlemen:
SUBJECT:
FINANCIAL NEGOTIATIONS FOR CONSULTING
SERVICES FOR (BRIEF STATEMENT OF THE JOB, E.G.,
DETAILED
ENGINEERING
OF
THE
PROPOSED
IMPROVEMENT OF THE PORT OF CEBU)
After evaluating the Technical Proposal you submitted for the above-mentioned
services, we are considering you/your firm to undertake the consulting services for the
(Brief statement of the job, e.g., Detailed engineering of the port of Cebu).
Please send your duly authorized representative to this Office on (Date) at (Time),
to negotiate with the members of the Prequalification, Evaluation and Award Committee
for Consultancy (PEAC) the financial and other terms leading to a possible execution
between you and the (Name of the Agency).
As mentioned in our letter for Request for Technical Proposal issued to you on
(Date), the sealed envelope containing your Financial Proposal for the required services
will then and there be opened. The price specified therein will be the starting point in the
negotiations for financial term.
This letter is neither an award nor a commitment by this Office but is merely to
notify you of the date and time of the negotiations for the services contemplated.
______________________________
(Chairman)
APPENDIX F
PROFORMA AGREEMENT FOR CONSULTANCY
ARTICLE 1
DEFINITIONS
1. Agreement This document for consulting services between the (agency concerned)
and Consultant together with all the Appendices and attachments is defined as the
Agreement.
2
5. Local Currency-Peso and the sign P means the currency of the Philippines.
6. Foreign Currency- means the currency other than that of the Philippines.
7. Billing Rates Billing Rates are defined as the Remuneration Rates to be paid by the
(agency concerned) to the Consultant for each man-month rendered by Consultant
staff to the Project. It shall cover monthly salaries or basic rates, social charges and
management fee.
8. Salaries are defined s the as the remuneration paid to the Staff directly engaged in the
Project work for the time actually devoted to the Services.
9. Social charges and Overhead Allowances Social charges and Overhead allowances
are defined as a percentage of Direct Salaries and cover salary related costs, costs with
respect to insurance, sickness, holiday and vacation pay, social security, pension fund
and similar payments, and overhead charges.
10. Fee The fee is defined as a percentage of Salaries plus Social Charges and overhead
charges.
11. Reimbursable Expenses These are defined as all costs other than Billing Rates
which are associated with the execution of the services and categorized as costs based
on agreed fix rates and actual costs which are supported by receipts.
12. Applicable Law The law of this agreement shall be the laws of the Government of
the Republic of the Philippines or, in the case of foreign-assisted projects, the law as
may be agreed upon during negotiations and provided for under the governing
loan/grant agreements.
ARTICLE III
SERVICES
2.01
Scope of Services
The Consultant shall perform the Services under this Agreement in accordance
with the final Terms of Reference set forth in Appendix A-1 incorporating all
revisions as agreed upon between the contracting parties.
2.02
Standard of Services
The Consultant shall fulfill its obligations under this Agreement by using the
technical knowledge and according to the best-accepted professional standards.
The Consultant shall exercise all reasonable skill, care and diligence in the
discharge of the duties agreed to be performed and shall always work in the best
interest of the Government. To attain these ends, the Consultant shall provide
personnel with adequate qualifications and experiences and such number as may
be required for the best fulfillment of the services, subject to the approval of the
Government. The bio-data of the key personnel indicated in the Technical
Proposal is appended hereto as Appendix B and forms part of this Agreement.
2.03
Estimated Man-months
Notwithstanding any contrary provisions herein, the parties hereto agree that
consultant shall perform the Services in accordance with Plan attached as
Appendix C hereto and, for the performance of its obligation under this
Agreement, it shall make available a total of_____ man-months of service in the
Philippines and (home office) which, as specified by different classes of Personnel
in Appendix D hereof, consist of _____ man-months services by the foreign
Consultant and _____ man-months services by the local Consultant. Unless
otherwiseagreed upon by the parties hereto, in no event consultant shall have
obligations to render the services in excess of the said man-months of services. It
is, however, agreed that (agency concerned) may from time to time assign other
work under this Agreement for due performance by consultant. Consultant agrees
to accept said assignment of work on terms and conditions mutually acceptable to
(agency concerned) and Consultant. In connection with this Agreement, a manmonth of service is defined as services of period of time equivalent to one (1)
calendar month based on the person rendering or performing such services for 176
working hours per month on the average.
ARTICLE III
PERSONNEL
3.01
Staff
The services shall be carried out by the Personnel specified in Appendix D and for
the respective period of time indicated therein. The Consulting may, with the
prior approval of (agency concerned) make adjustments in such periods as may be
appropriate to ensure the efficient performance of the Services, provided that such
adjustment will not cause payments made under the Agreement to exceed the cost
estimated referred to in Section 4.01.
3.02
Replacement of Personnel
Except as the (agency concerned) may otherwise agree the Staff shall consist of
those indicated in the Technical Proposal and no charges shall be made in the
Staff. In the event any employee resigns, is discharged or is withdraw due to
3.03
The consultants expatriate personnel shall not participate in the political affairs of
the Philippines and shall not act against local laws, customs and traditions. The
Government may require the Consultant to withdraw or replace any person, at no cost to
the Government pre-judicial and adverse to its laws, interest, customs, and traditions.
3.04
Team Leader
The Consultant shall ensure that at all time during the fieldwork, a resident
engineer, acceptable to the (agency concerned) shall take charge, as team leader
(either the Project Manager, project Director, etc.), of the operation of the staff in
the field and likewise, be responsible for liaison between the Consultant and the
(agency concerned).
3.05
Physical Fitness
The Consultant shall be responsible for determining that all Expatriate Personnel
and their accompanying dependents are physically fit to work under this
Agreement and to in the Philippines, and for this purpose:
3.05.1 The Consultant shall ensure that all long term Personnel and their
accompanying dependents are examined by a licensed doctor of medicine,
prior to departure for the Philippines. The Consultant shall require the
doctor to certify that in the doctors opinion, such Personnel and
dependents are physically qualified to work and reside in the Philippines.
3.05.2 If the Personnel and dependents have no such medical certificates prior to
the departure for the Philippines, and such Personnel is unable to perform
the type of activity for which he is employed, and is unable to complete his
tour of duty because of any physical disability, the Consultant shall not be
reimbursed for the return transportation cost of physical disabled
Personnel or his dependents and their effects, nor shall the Consultant be
reimbursed for travel to the Philippines of a replacement for such disable
personnel and for shipment of his effects.
ARTICLE IV
PAYMENT TO CONSULTANT
4.01
Cost Estimates
An estimate of the cost of the service payable in foreign currency is set forth in
Appendix E. Estimates of the cost of the Services payable in local currency is set
forth in Appendix G.
4.02
Ceiling Estimates
Except as may otherwise be agreed upon under Section 4.08 and subject to
Section 4.03 and notwithstanding any other provisions of this Agreement,
payment under this Agreement shall not exceed in foreign currency (state foreign
cost) and in the Philippine Pesos (state Philippine Pesos cost).
In addition, a budgetary sum in foreign currency ____________ and __________
Philippine Pesos is hereby set aside for contingencies.
4.03
4.04
4.05
Currency Payments
Except as otherwise agreed between (agency concerned) and the Consultant:
4.06
a)
b)
4.07
to travel in the Philippines away from the station of duty where such
transportation is not provided by the (agency concerned).
4.07.6 The base of operations of the Consultant shall be in _______________ .It
is understood that the stations of duty of Consultants Home Office Staff is
in.
4.07.7 Cost of items not covered in the foregoing but which may be required by
the Consultants for completion of the Services, subject to the prior
authorization in writing of the (agency concerned).
4.08
4.09
4.11
Should consultants progress fall more than twenty percent (20%) behind the
approved work schedule due to circumstances which, in the opinion of the
(agency concerned), were within the control of or could have reasonably been
foreseen by the Consultant, then the (agency concerned) may withhold all or part
of the Consultants itemized statements until progress is brought back within at
least twenty percent (29%) of that schedule. Any revisions in the scheduling of
activities in the event of major delay in the work due to Consultants failure shall
in no case involve cost overruns resulting from any additional man-months
making up for the delay.
4.12
Final Payment
Upon completions of the services, Consultant shall promptly render a final
accounting of foreign and local currency costs under Clauses 4.06 and 4. 07.
Final payment shall be made only after a Certificate of Completion issued by the
(agency concerned) shall have been submitted by the Consultant.
4.13
Valuation of Currencies
Whenever it shall be necessary for the purpose of this Agreement to evaluate one
currency in terms of another, the conversion shall be made on the basis of official
exchange rates at the time of each disbursement.
4.14
Escalation
Adjustment of the billing rates and fixed allowances under Appendices F and G to
cope with price movement will take not more than once a year, the first
adjustment to be made after 12 months from the date of signature of the contract
by (the appropriate official of the agency concerned). All proposed rate
adjustment shall be submitted with substantiating reasons and documents. The
Consultant shall have to prove to the (agency concerned) by submitting an audited
statement or any other equivalent documentation that its company average salary
increase is equal at least to the demanded percentage of price adjustment increase.
Said increase will be subject to prior approval of the agency concerned). The
adjustments will be claimed retroactive to the date of approval by the (agency
concerned). The Consultants request for adjustment of rates shall be based on an
annual audited statement but not exceeding the following formula:
Adjusted Rate = Agreement Rate + [Agreement Rate x (I Io)/Io]
Where,
I
Io
For adjustment of the foreign currency rates, the Consultant shall submit cost of
living index as prepared by the relevant agency of the government in the home
office country of the Consultant as validated and authenticated by the Philippine
Embassy in the home office country. For adjustment of the local rates, the
Consultant shall submit the cost of living index as prepared by the National
Census and Statistics Office (NCSO).
ARTICLE V
OBLIGATIONS OF THE (AGENCY CONCERNED)
5.01
Philippine Taxation
The (agency concerned) agrees to seek exemptions, reimburse or pay in behalf of
Consultant for amounts paid on account of all taxes, duties, fees, levies, and other
impositions under the laws and regulations of the Philippines or any political
subdivision or agency thereof (other than personnel who are citizens or permanent
residents of the Philippines) in respect of:
5.01.2 any payment made to the Consultant or to the Expatriate Personnel in
connection with the carrying out of the Services;
5.01.3 any household, personal effects and furnishing brought into the Philippines
by the Expatriate personnel and their dependents for their personal use or
consumption, which will be consumed in the Philippines or will
subsequently be, withdraw therefrom upon the departure of the Consultant
and Expatriate Personnel from the Philippines.
Provided that
(a) The Consultant and the Expatriate Personnel and their dependents
shall comply with customs, laws rules and regulations of the
Government in importing property into the Philippines; and
(b)
5.02
5.03
(b)
(c)
5.05
ARTICLE VI
OBLIGATIONS OF THE CONSULTANT
6.01
Responsibilities of Consultant
6.01.1 Generally, but without limiting Consultants responsibilities elsewhere
stated under this Agreement, it shall:
(a)
Carry out the services with sound engineering theories and practices
to ensure that the final works will provide the most economical and
feasible development for the Project.
(b)
(c)
Perform the work in an efficient and diligent manner and shall use its
best effort to keep reimbursable costs down to the possible minimum
without impairing the quality of the Services rendered.
(d)
The Consultant shall comply with, and strictly observe any laws
regarding workmens health and safety, workmens welfare,
compensation for injuries, minimum wage, hours of labor and other
labor laws.
6.01.2 Recommendations of Consultant Should the recommendations of the
Consultant be changed in such a way safety and/or economy of the Project
is jeopardized, Consultant may request a written release from
responsibility for that part of the Project in question.
6.02
6.01.3 Liabilities of the Consultant the Consultant for detailed design shall be
held responsible for failure of the facility due to faculty design. The
review made by the Client shall not release the Consultant from
responsibility except when substantial changes have been made without
the conformity of the Consultant.
Records
The consultant shall:
6.02.1 Keep accurate and systematic records and accounts in respect of the
Services in such form and detail as is customary and sufficient to establish
accurately that the costs and expenditures under this Agreement have been
duly incurred.
6.02.2 Permit the duly authorized representative of the (agency concerned) from
time to time to inspect its records and account as well as to audit the same.
6.03
6.04
6.05
Prohibition on Association
The Consultant agrees that during of after the conclusion or termination of this
Agreement, it shall limit its role under the project to the Provision of the Services
and hereby disqualifies itself and any other contractor, consulting engineer or
manufacturer with which it associated or affiliated, from the provision of goods
and other than the Services herein, except as the (agency concerned) may
otherwise agree.
6.06
6.07
No full time foreign Staff during his assignment under this Agreement shall
engage, directly, either in his name or through the Consultant, in any other
business or professional activities in the Philippines other than performance of his
duties or assignment under. On the other hand, the (agency concerned) shall not
extend any appointment to Consultant Staff during the period of their assignment
except upon prior written approval of the Consultant.
Confidentiality
Except with the prior consent of the (agency concerned) the Consultant and the
Staff shall not at any time communicate to any person or entity ant information
disclosed to them for the purpose of the Services, nor shall the Consultant or the
Staff make public any information as to the recommendations formulated in the
course of or as a result of the Services.
6.08
Independent Contractor
Nothing contained herein shall be construed as establishing or creating between
the (agency concerned) and the Consultant, the relationship of employer and
employee or principal and agent, it being understood that the position of the
consultant and anyone else performing the Services is that of an independent
Contractor.
6.09
The Consultant holds the Government free from any and all liabilities, suits,
actions, demands, or damages arising from the death or injuries to persons or
properties, or any loss resulting from or caused by said personnel incident to or in
connection with the services under this Agreement.
ARTICLE VII
GENERAL CONDITIONS
7.01
7.02
7.03
7.04.
Insurance
7.04.1 The (agency concerned) shall take out and maintain adequate insurance
against loss or damage to equipment for the Project, which are purchase in
whole and in part with funds provided by the (agency concerned).
7.04.2 The (agency concerned) undertakes no responsibility in respect of any life
health, accident, travel and other insurance for the Consultant or to its
family.
7.05 Changes
The (agency concerned) may at any time, by written notice to Consultant issue
additional instructions, require extra work or services, changes or alterations in
the work, or direct the omissions of works of Services covered by this Agreement.
Consultant shall make no additional changes, alterations and omissions except
upon the prior written approval of the (agency concerned).
In case of consulting services for construction supervision, the Project director
will monitor closely the manning schedule so that the staff to be employed are
only those necessary for the effective construction supervision. The (agency
concerned) may terminate the services of some or all of the staff if the services of
said staff are considered no longer necessary. The Notice of Termination,
however shall not be less than thirty (30) days prior to the effective date of
termination.
7.06
Term of Agreement
It is estimated that for the purpose of this Agreement, a term of no more than ___
calendar months will be required from the date of issuance of Notice to Proceed
until completion of Services as set forth in Appendix D.
7.07
Notice of Delay
In the event that the Consultant encounters delay in obtaining the required services
or facilities under this Agreement, it shall promptly notify the (agency concerned)
of such delay and may request an appropriate extension for completion of the
Services. An extension of time may be granted provided it was established that
the cause of the delay in the performance of the work is due to the failure of the
(agency concerned) to provide the required services or facilities.
7.08
Audits
The Consultant shall keep clear and orderly records of all accounts, expenses,
salaries and costs. The monthly invoices to be submitted by Consultant under the
provisions of Section 4.09 and 4.10 of Article IV of this Agreement shall be
subject to review or verification by the (agency concerned) for purposes of
payment. the expenses in connection with such review or verification shall be for
the account of the (agency concerned).
7.09
Certificate of Completion
When the Services under this Agreement are completed to the satisfaction of the
(agency concerned), (agency concerned) shall issue a certificate of completion to
Consultant.
7.10
7.11
7.12
7.13
Validity Clause
If any terms or conditions f this Agreement is held invalid or contrary to law, the
validity of other terms and conditions hereof shall not be affected thereby.
7.14
Warranty
The Consultant hereby warrants that it has not given, or promised to give any
money or gift to any official or employee of the (agency concerned) or the
Government to secure this Agreement. Any violation of this warranty shall be
sufficient ground for revocation or cancellation of this Agreement.
7.15
Consultancy Cost
In cases where fixed billing rates are not used, the consultant shall make a
representatio that the salaries and other cost data included in the consultants
financial proposal are based on actual salaries and overseas allowances and that
the factors quoted for overhead, social charges and profict are based on the
consultants average cost expenses for the last three (3) years as presented in the
consultants annual financial report.
ARTICLES VIII
DISPUTES, ARBITRATION AND TERMINATION
8.01
Disputes
Any dispute concerning any question arising under this Agreement which is not
disposed of by agreement between the parties, shall between the parties, shall be
decided by the (head of the agency concerned) who shall furnish Consultant a
written copy of this decision.
8.02
Arbitration
The decision of the (head of the agency concerned) shall be final and conclusive
unless within thirty (30) days from the date of receipt thereof, Consultant shall
deliver to (agency concerned) a written notice addressed to the (head of agency
concerned) statin its desire to submit the controversy to arbitration. In such event,
the dispute shall be decided in accordance with Philippine Laws (Executive Order
No. 1008) or through international arbitration in the case of foreign-assisted
projects as may be required.
8.03
Enforcement
Decisions reached by arbitration may be enforced by either of the parties to this
Agreement in any court of competent jurisdiction in Philippines. In case of suit
arising in connection with the terms of this Agreement, the parties hereto
expressly submit to the jurisdiction of the said court.
8.04
Durig any dispute between (agency concerned) and Consultant, the Consultant
shall proceed diligently with the performance of its services as directed by the
(agency concerned).
8.05
Suspension
If any of the following events shall have happened and be continuing, the (agency
concerned), may, by written notice to the Consultant, suspend in whole and in part
payments to its under this Agreement:
8.05.1 A default, failure or refusal on the part of the Consultant to perform the
Services in such a manner which will be consistent with the result herein
contracted for or its non-compliance with tprovisions of this Agreement
after giving thirty (30) days from receipt of written notice for the
consultant to rectify the deficiencies.
8.06
8.08
Force Majeure
8.08.1 if either party is termporarily unable by reason of force majeure to meet
any of its obligations under this Agreement, and if such party gives to the
other party written notice of the event within fourteen (14) days after its
occurrence, such obligations of the party shall be suspended for as long as
the inability continues.
8.08.2 Neither party shall be liable to the other party for loss or damages
sustained by reason of force majeure or delays arising from such event.
8.08.3 The term force majeure as employed herein shall mean strikes, lockouts
or other industrial disturbances, acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides, earthquakes, storms, lightning,
floods, washouts, civil disturbances, explosions, and any other similar
events, not within the control of either party which with the exercise of
due diligence neither part is able to overcome.
ARTICLE IX
EXECUTION
9.01
Effectivity
This Agreement shall be subject to the approval of the (applicable boards, if any)
and shall become binding on both parties upon approval by the Philippine
Government authorities concerned and the concurrence of concerned foreign
financial institution as may be required in the case of foreign-assisted projects.
The (agency concerned) shall then issue a Notice to Proceed to Consultant and the
Consultant shall be paid for Services rendered effective from the date of its actual
service.
9.02
Commencement Date
The Consultant will commence the Services within ____ days (Note: not later
than thirty (30) days) after the issuance of a Notice to Proceed by the (agency
concerned).
9.03
All notices called for by the terms of this Agreement shall be valid or binding on
either party unless expressed in writing and executed with the same formality as
this Agreement.
9.04
Amendments
No amendments, modifications, or alterations, to this Agreement shall be valid or
binding on either party unless expressed in writing and executed with the same
formality as this Agreement.
9.05
Counterparts
This Agreement is executed and delivered in two (2) copies, one (1) for the
(agency concerned) and one (1) for the Consultant, each of which shall be deemed
an original.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date
and place first above-written.
ARTICLE IV
CONSULTING SERVICES FEE
1.
The OWNER agrees to pay the Consultant for his Professional Services in the
amount of _____________ PESOS as a total lump sum fee.
2.
15.0% of fee
20.0 %
50.0 %
15.0 %
--------100.0%
3.
The Consultants fee shall be paid progressively or partially, each payment
to be equivalent to the evaluated quantity of work satisfactorily accomplished and not yet
paid.
4.
The schematic design and the design development services, otherwise
called the preliminary design service also, may be completed simultaneously and
submitted together for approval.
5.
No final payment shall be made until the Consultant submits to the
OWNER a certification, attested by the Project Manager or his representative to the effect
that ther undertaking provided herein has been satisfactorily completed. In case of default
of the CONTRACTOR, at any stage of construction, payment to the Consultant shal be
proportional to the construction work thus accomplished.
6.
If the OWNER fails to implement the plans and documents for
construction as prepared by the Consultant, the Consultant is entitled to receive as
compensation the sum corresponding to EIGHTY FIVE PERCENT (85%) of his fee for
Design Services.
PREQUALIFICATION EVALUATION
AND AWARD C OMMITTEE
APPENDIX G
DOCUMENTARY REQUIREMENTS
The documentary requirements of the Professional Regulation Commission and
the Securities and Exchange Commission are as follows:
a.
b.
The
ii.
iii.
iv.
v.
vi.
vii.
5)
The processing time calls for a period of three (3) to five (5) days.
Size
Photo
DATE OF FILING
DO NOT FILL
O.R. No. _______
Date ___________
Amount _________
Have your ever been accused of, indicted, tried or convicted by any court of
justice, military tribunal or administrative body? /_/ If so, attach a copy of the
decision or complaint if still pending.
b)
Are you suffering from any serious illness or any infectious desease, or have you
undergone surgery which may impair or otherwise affect your practice of the
profession? /_/ If so, what illness or disease? _______________________
c)
Have you ever been treate of mental illness, or confined in any mental hospital,
clinic or institution? /_/ If so, state when you were treated or confined, and in what
hospital or clinic or institution. _________________________
Part II - PROFESSIONAL COURSES TAKEN
TITLE OR DEGREE
COLLEGE OR
DATE
HONORS,
RECEIVED
UNIVERSITY
DEGREE
DISTINCTIONS OR
GRADUATED
CONFERRED
AWARDS RECEIVED
WHERE
TAKEN
DATE
TAKEN
RATING
NUMBER
CERTIFICATE OF LICENCE
DATE
ISSUED BY
POSITION HELD
EMPLOYER
COUNTRY OR ESTATE
CERTIFICATION
I DO HEREBY CERTIFY that the information and statements in this application,
including the exhibits submitted in support thereof, are all true and correct of my own
knowledge, and that I am fully aware that any false information or statement in this application or
in its attachments renders me liable for criminal prosecution.
Date ___________________
______________________________________
APPLICANTS CUSTOMARY SIGNATURE
( ) 8.
authorized capital stock of the corporation has been subscribed and at least 25% of the total
subscription has been paid and received by me in cash or property in the amount of not less that
P5,000.00, in accordance with the Corporation Code.
_______________________________
Treasurer
SUBCRIBED AND SWORN to before me, a Notary Public for and in the
City/Municipality of _____________________________, Province of _____________, this
_____day of ______________________, 19 ______ by ___________with Res. Cert. No.
___________ issued at _________ on __________ 19 ________.
________________________________
Notary Public
Until December 31, 19___
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_____________
_________________
Treasurer: ________
REPUBLIC OF THE PHILIPPINES)
) S.S.
SUBCRIBED AND SWORN to before me this ______day of _______, 19 ___ affiant exhibited to
me his/her Res. Cert. No. ________ issued at _______on ___________19____.
NOTARY PUBLIC
Until December 31, 19___
Doc. No. _________
Page No. _________
Book No._________
Series of 19 ______
Certificate of Deposit
BANK LETTERHEAD
(Head Office of Branch)
___________________
(Date)
The Securities and Exchange Commision
EDSA, Mandaluyong, Metro Manila
Greetings:
This is to certify that there is a deposit with this bank the sum of
___________________ (P _____________) in the name of ______________, Treasurer
in ______________________Trust for _______________________which is in the
process of incorporation.
The said deposit is clear and free from lien, restriction, condition or holdout and
maybe withdrawn in behalf of said company upon presentation of proof of due
incorporation thereof.
___________________________________________
NAME OF BANK OFFICER & DESIGNATION
NOTARY PUBLIC
Until December 31, ____
________________________
Date
Securities and Exchange Commission
Central Bank of the Philippines
Metro Manila
Gentlemen:
This is to authorize your office to examine and verify the deposit in the
_______________ (NAME OF BANK) _____________ in my name as Treasurer-inTrust for ___________________________ which is to the process of incorporation.
This authority is valid and inspection of said deposit may be made even after the
issuance of the Certificate of incorporation to the company.
Should the deposit be transferred to another bank prior to or after incorporation,
this letter will aslo serve as authority to verify and examine the same.
The representative of the Securities and Exchange Commission is also authorized
to examine the pertinent books and records of accounts of the corporation as well as all
supporting papers to determine the utilization and disbursement of said paid-up capital.
By:
________________________
Treasurer
_________________
Date
The Chairman
Securities and Exchange Commission
EDSA, Mandaluyong
Metro Manila
In connection with the registration of the Articles of Incorporation/Partnership of
the ___________________________, I, the undersigned representative and on behalf of
the organizers thereof, hereby manifest our willingness to change its
corporate/partnership name in the event another person, firm or entity has acquired a prior
right to the use name or one deceptive or confusingly similar to it.
________________________
(Name)
________________________
(Address)