SplashBidNoticeAbstractUI

Description

Republic of the Philippines
HUMAN SETTLEMENTS ADJUDICATION COMMISSION
KALAYAAN AVENUE CORNER MAYAMAN STREET, DILIMAN, QUEZON CITY

PHILIPPINE BIDDING DOCUMENTS

Procurement of Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to
ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion
of the Fourteen (14) Remaining RABs

REI-CO-26-01

First Edition
May 2025

TABLE OF CONTENTS

GLOSSARY OF ACRONYMS, TERMS, AND ABBREVIATIONS 3
DEFINITION OF TERMS 4
PART I 6
SECTION I. REQUEST FOR EXPRESSION OF INTEREST 10
SECTION II. SHORT-LISTING DOCUMENTS 14
SECTION III. SHORT-LISTING DATA SHEET 20
PART II 46
SECTION I. NOTICE OF ELIGIBILITY AND SHORT-LISTING 46
SECTION II. INSTRUCTIONS TO BIDDERS 51
SECTION III. BID DATA SHEET 79
SECTION IV. GENERAL CONDITIONS OF CONTRACT 86
SECTION V. SPECIAL CONDITIONS OF CONTRACT 109
SECTION VI. TERMS OF REFERENCE 113
SECTION VII. PHILIPPINE BIDDING DOCUMENT RELATED FORMS 131
SECTION VIII. APPENDICES 162

Glossary of Acronyms, Terms, and Abbreviations

ABC – Approved Budget for the Contract.

BAC – Bids and Awards Committee.

BIR – Bureau of Internal Revenue.

BSP – Bangko Sentral ng Pilipinas.

CDA - Cooperative Development Authority.

DOLE – Department of Labor and Employment.

GCC - General Conditions of Contract.

GFI – Government Financial Institution.

GOCC – Government-Owned and/or –Controlled Corporation.

GoP – Government of the Philippines.

GPPB – Government Procurement Policy Board.

HoPE – Head of Procuring Entity.

HRRB – Highest Rated Responsive Bid.

IRR – Implementing Rules and Regulations of Republic Act No. 12009.

ITB – Instructions to Bidders.

LGUs – Local Government Units.

LoC – Letter of Credit.

MYCA – Multi-Year Contracting Authority.

NGA – National Government Agency.

PhilGEPS - Philippine Government Electronic Procurement System.

Procuring Entity - the organization purchasing Consulting Services, as named in the SCC.

RA No. – Republic Act Number.

SCC - Special Conditions of Contract.

SEC – Securities and Exchange Commission.

UN – United Nations.

WB – World Bank.
Definition of Terms

Bid – a signed offer, proposal, or quotation submitted by a supplier, manufacturer, distributor, contractor, consultant, or service provider in response to the requirements of the Procuring Entity as stated in the Bidding Documents. (IRR of RA No. 12009, Section 5[c]).

Bidder – a supplier, manufacturer, distributor, contractor, consultant, and service provider, whether public or private, who submits a Bid in response to the requirements of the Procuring Entity as stated in the Bidding Documents. (IRR of RA No. 12009, Section 5[d]).

Bidding Documents – the documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary to prospective bidder to prepare a Bid for the Goods, Infrastructure Projects, and Consulting Services required by the Procuring Entity. (IRR of RA No. 12009, Section 5[e]).

Consultant - refers to a citizen, or any corporate body or commercial company duly organized and registered under the laws where it is established, habitually established in business and engaged in providing Consulting Services.

Consulting Services – refer to services for Infrastructure Projects and other types of projects or activities of the government requiring adequate external technical and professional expertise that are beyond the capability or capacity of the government to undertake such as, but not limited to: (i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies. (IRR of RA No. 12009, Section 5[i])

Contract – refers to the agreement entered into between the Procuring Entity and the Supplier or Manufacturer or Distributor or Service Provider for procurement of Goods and Services; Contractor for Procurement of Infrastructure Projects; or Consultant or Consulting Firm for Procurement of Consulting Services; as the case may be, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

Contract Price - the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.

Effective Date of the Contract – the date indicated in the contract. However, the Consultant shall commence performance of its obligations only upon receipt of the Notice to Proceed.

Framework Agreement – is a procurement strategy which shall be in the nature of an option contract between the Procuring Entity and the bidder that stipulates the terms and conditions to be applied in subsequent contracts for the procurement of Goods, Infrastructure Projects, and Consulting Services with a single or multiple contractor, manufacturer, supplier, distributor, consultant, and service provider to expand the pool of prospective bidders, take advantage of economies of scale, minimize the administrative burden of conducting separate procurement activities, and generate time and money savings. (IRR, Sections 16.1 and 16.2).
Foreign-funded Procurement or Foreign-Assisted Project– refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Government of the Philippines which are wholly or partly funded by foreign loans or grants pursuant to a Treaty or International or Executive Agreement.

Goods – refer to (i) all items, supplies, and materials, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, needed in the transaction of public businesses or in the pursuit of any government undertaking, project or activity; or (ii) general support services which pertain to all types of services except Consulting Services and Infrastructure Projects, such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services. (IRR of RA No. 12009, Section 5[n])

Infrastructure Projects – include the construction, improvement, rehabilitation, demolition, repair, restoration, or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related construction projects of the government. Also referred to as “civil works” or “works;” (IRR of RA No. 12009, Section 5[r])

Online submission – pertains to the submission of the short-listing documents and bids for Consulting Services through electronic means or through the e-bidding facility of the PhilGEPS.

Project – refers to a specific or identified procurement covering Goods, Infrastructure Projects or Consulting Services. A Procurement Project shall be described, detailed, and scheduled in the Project Procurement Management Plan prepared by the agency which shall be consolidated in the procuring entity's Annual Procurement Plan.

Supplier – refers to a citizen, or any corporate body or commercial company duly organized and registered under the laws where it is established, habitually established in business and engaged in the manufacture or sale of the merchandise or performance of the general services covered by his bid. Supplier as used in these Bidding Documents may likewise refer to a manufacturer, distributor, contractor, consultant, or service provider.

Verified Report – refers to the report submitted by the Implementing Unit to the HoPE setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate.
Part I
The bidders are required to submit a Table of Contents
for the following documents, with proper tabbing for the
original copy and duplicate copies of their bids

CHECKLIST OF ELIGIBILITY AND SHORT-LISTING DOCUMENTS
(Deadline of Submission and Receipt of the Eligibility and
Short-listing Documents is on 21 May 2026)

Tab Form # Eligibility and Short-Listing Document
I. Class “A” Documents –
Legal Documents
A Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages) in accordance with Section 20.63.2 of the 2025 IRR of RA 12009; and

Technical Documents
B SLF1 Short-listing Documents Submission Form accompanied by a duly notarized company’s Secretary’s Certificate or Special Power of Attorney, as applicable (submit duly accomplished prescribed form on page 30); and

C Company Profile, which shall include a brief narrative on the number of years of existence of the firm and the services provided; and

D Valid and current accreditation certificate issued by the Department of Trade and Industry – Philippine Accreditation Bureau (DTI-PAB) under PNS ISO/ IEC 17021-1:2015, provision of QMS certification to ISO 9001:2015, for scope classified under IAF 36 – Public Administration; and

E SLF2 Statement of all Government and Private Contracts Completed for the Past Five (5) years, beginning 21 May 2021 to 20 May 2026, whether similar or not similar in nature and complexity to the procurement project (submit duly accomplished prescribed form on page 31); and

The bidder is required to:
1. List All Government and Private Contracts Completed from the most recent first; and
2. Attach photocopies of proof of satisfactory completion in Tab E; and
3. State proof of satisfactory completion submitted. The bidder may submit any of the following supporting documents:
 Certificate of Satisfactory Completion, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract; and

F SLF3 Statement of all Ongoing Government and Private Contracts, including Contracts Awarded but not yet Started for the Past Five (5) Years, beginning 21 May 2021 to 20 May 2026, whether similar or not similar in nature and complexity to the procurement project (submit duly accomplished prescribed form on page 32); and

The bidder is required to:
1. List All Ongoing Government and Private Contracts from the most recent first; and
2. Attach photocopies of proof of contract award in Tab F; and
3. State proof of contract award. The bidder may submit any of the following supporting documents:
 Notice of Award, or
 Notice to Proceed, or
 Signed Contract; and
G SLF4 Statement with proof of successful engagements with at least ten (10) government agencies, including one (1) judicial or one (1) quasi-judicial agency, certified to ISO 9001:2015 standard, beginning 21 May 2021 to 20 May 2026 (submit duly accomplished prescribed form on page 33); and

The bidder is required to:
1. Attach proof of successful engagements and/or satisfactory completion in Tab G; and
2. State proof of successful engagements. The bidder may submit any of the following supporting documents:
 Certificate of QMS Registration Issued, or
 Certificate of Satisfactory Completion, or
 Certificate/s of Final Acceptance/Completion from the Bidder’s clients, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract; and
H SLF5A Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Leader (submit duly accomplished prescribed form on page 34); and

The bidder is required to attach photocopies of applicable supporting documents in Tab H to evidence work experience, relevant training attended, educational attainment, and professional certifications:
1.
Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
2. Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
3. Diploma; and
4. Professional certifications and/or licenses.
 Professional License refers to a valid and current Professional Regulation Commission (PRC) License.
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements.
The bidder shall state “none” if personnel have no professional certification or license; and
I SLF5B Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Member 1 (submit duly accomplished prescribed form on page 37); and

The bidder is required to attach photocopies of applicable supporting documents in Tab I to evidence work experience, relevant training attended, educational attainment, and professional certifications:
1.
Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
2. Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, number of hours, and signature of the authorized personnel of the training institution; and
3. Diploma; and
4. Professional certifications and/or licenses.
 Professional License refers to a valid and current PRC License.
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements.
The bidder shall state “none” if personnel have no professional certification or license; and
J SLF5C Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Member 2 (submit duly accomplished prescribed form on page 40); and

The bidder is required to attach photocopies of applicable supporting documents in Tab J to evidence work experience, relevant training attended, educational attainment, and professional certifications:
1.
Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
2. Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, number of hours, and signature of the authorized personnel of the training institution; and
3. Diploma; and
4. Professional certifications and/or licenses.
 Professional License refers to a valid and current PRC License.
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements.
The bidder shall state “none” if personnel have no professional certification or license; and
K SLF6 Statement of the Consultant’s Nationality (submit duly accomplished prescribed form on page 43); and
II. Class “B” Documents –
L If applicable, a duly signed Joint Venture Agreement (JVA), if 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 event that the bid is successful.

In case JVA is not applicable, kindly state “Not Applicable” for this requirement.

 In accordance with Short-Listing Documents Clause 2.2, the eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder’s country; and shall be authenticated by the appropriate Philippine foreign service establishment or post, or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid.

 Each prospective bidder shall submit one (1) original copy of its eligibility and short-listing documents, and are requested to submit four (4) duplicate copies.

 In case a discrepancy exists between the requirements stated in the Checklist and the requirements specified in the Bidding Documents, the latter shall prevail.

Section I. Request for Expression of Interest

Notes on the Request for Expression of Interest

The Request for Expression of Interest provides information that enables potential Bidders to decide whether to participate in the procurement at hand. The Request for Expression of Interest shall be:

a) In line with the principle of transparency and competitiveness and to ensure the widest possible dissemination thereof, all requests for expression of interest shall be published continuously by the Procuring Entity, for seven (7) calendar days in the Philippine Government Electronic Procurement System (PhilGEPS), on any conspicuous place in the premises of the Procuring Entity, and in the website or social media platforms of the Procuring Entity, if available, or such other channels as may be authorized by the Government Procurement Policy Board (GPPB), and the website prescribed by the foreign government/foreign or international financing institution, if applicable.

b) For justifiable reasons, a Procuring Entity that cannot publish procurement opportunities in its website, social media platform, or such other channels authorized by the GPPB shall publish its invitation to bid, at least once, in a newspaper of general nationwide circulation.

Apart from the essential items listed in the Bidding Documents, the Request for Expression of Interest should also indicate the following:

a) The date of availability of the Bidding Documents, the place where it may be secured and the deadline for submission of the Expression of Interest (EOI) together with the application for eligibility;
b) The procurement strategy/ies;

c) The set of criteria and rating system for short-listing of prospective bidders to be used for the particular contract to be Bid, which shall consider the following, among others:

i) Applicable experience of the consultant and members in case of joint ventures, considering both the overall experiences of the firms or, in the case of new firms, the individual experiences of the principal and key staff, including the times when employed by other consultants;
ii) Qualification of personnel who may be assigned to the job vis-à-vis extent and complexity of the undertaking; and
iii) Current workload relative to capacity.
d) The number of consultants to be short-listed and the procedure to be used in the evaluation of Bids of short-listed consultants, i.e., QBE or QCBE; and if QCBE, the weights to be allocated for Technical and Financial Proposals; and

e) The contract duration.

In the case of World Bank funded projects, the Request for Expression of Interest shall be sent to all who have expressed an interest in undertaking the services as a result of any General Procurement Notice issued. In addition, it shall also be sent to all heads of associations of consultants within the area where the project will be undertaken.

Republic of the Philippines
HUMAN SETTLEMENTS ADJUDICATION COMMISSION
KALAYAAN AVENUE CORNER MAYAMAN STREET, DILIMAN, QUEZON CITY

REQUEST FOR EXPRESSION OF INTEREST FOR
Procurement of Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office,
Regional Adjudication Branches (RABs) NCR and IV-B, and
Site Inclusion of the Fourteen (14) Remaining RABs
Project ID No. REI-CO-26-01

1) The Human Settlements Adjudication Commission (HSAC), through the authorized appropriations under the Fiscal Year (FY) 2025 General Appropriations Act or Republic Act (RA) No. 12116, and Department of Budget and Management (DBM) National Budget Circular (NBC) No. 599, or the Guidelines on the Release of Funds for FY 2026 intends to apply the sum of Three Million Eight Hundred Sixty-Four Thousand Eight Hundred Pesos (Php3,864,800.00) being the Approved Budget for the Contract (ABC) to payments under the contract for Procurement of Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion of the Fourteen (14) Remaining RABs (Project ID No. REI-CO-26-01). Bids received in excess of the ABC shall be automatically rejected at the opening of the financial proposals.

2) The HSAC now calls for the submission of short-listing documents for the above-mentioned Project, in the duration of which the Consultant is expected to provide audit services for the Certification, Site Inclusion and Surveillance Audits of HSAC’s QMS per International Organization for Standardization (ISO) 9001:2015. Short-listing documents of interested consultants must be duly received by the Bids and Awards Committee (BAC) Secretariat on or before 21 May 2026, 09:30am, at 6F HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City. Applications for eligibility will be evaluated based on a non-discretionary “pass/fail” criterion.

3) Interested bidders may obtain further information from the BAC Secretariat and inspect the Bidding Documents at the address given below from Mondays to Fridays, 09:00am to 04:00pm.

4) A complete set of Bidding Documents may be acquired by interested Bidders on 30 April 2026 from the given address below and upon payment of the Shortlisted bidders of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of Five Thousand Pesos (Php5,000.00).
It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of their bids.

5) The BAC shall draw up the short-list of consultants from those who have submitted Expression of Interest, including the short-listing documents, and have been determined as eligible in accordance with the provisions of Republic Act (RA) No. 12009, otherwise known as the “New Government Procurement Act”, and its Implementing Rules and Regulations (IRR). The short-list shall consist of three (3) who will be entitled to submit bids manually. The criteria and rating system for short-listing are:

i. Applicable experience of the firm (Certification Body) – in case of joint ventures, considering both the overall experiences of the firms or, in case of new firms, the individual experiences of the principal and key staff, including the times when employed by other consultants (50 points);

ii. Qualification of personnel who will be assigned to the job vis-à-vis extent and complexity of the undertaking (40 points); and

iii. Current workload relative to capacity (10 points).

The criteria and rating system for the short listing of Consultants shall be provided in detail in the Eligibility Data Sheet.

6) Bidding will be conducted through competitive selection using non-discretionary “pass/fail” criterion as specified in the IRR of RA No. 12009.

Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines.

7) The Procuring Entity shall evaluate bids to determine the Highest Rated Bid using the Quality-Cost Based Evaluation/Selection (QCBE/QCBS) procedure. The Procuring Entity shall indicate the weights to be allocated for the Technical and Financial Proposals. The criteria and rating system for the evaluation of bids shall be provided in the Instructions to Bidders.

8) Short-Listing Documents must be received by the Procuring Entity’s BAC at the address indicated in the Request for Expression of Interest or through online submission on or before the date and time indicated in the SDS.

9) The contract shall be completed within three (3) years upon receipt of the Notice to Proceed (NTP).

10) All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount stated in ITB Clause 16.

11) The certification as to the current workload relative to capacity shall be made in accordance with the Instructions to Bidders in relation to TPF 5 therein.

12) The HSAC reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract at any time prior to contract award in accordance with Section 70 of RA No. 12009 and its IRR, without thereby incurring any liability to the affected bidder or bidders.

13) For further information, please refer to:

The HSAC BAC Secretariat
Procurement Section, General Services Division – Administrative Service
6F HLURB Building, Kalayaan Avenue corner Mayaman Street
Diliman, Quezon City
Email Address: bacsec.hsac@gmail.com
Trunkline: (02) 8727-4722
Website: https://hsac.gov.ph

30 April 2026

(original signed)
ATTY. NIÑO KARLO O. MEJIA
Chairperson
Bids and Awards Committee

Section II. Short-Listing Documents

Notes on the Short-Listing Documents

This Section provides the information necessary for prospective bidders to prepare responsive Short-listing Documents, in accordance with the requirement of the Procuring Entity.

No changes shall be made to the provisions contained in this Section. Additional information or requirements specific to each procurement shall be specified in the Short-listing Data Sheet (SDS).

1) Short-listing Criteria

1.1 The following persons/entities shall be allowed to participate in the bidding for Consulting Services:

a) Duly licensed Filipino citizens/sole proprietorships;

b) 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;

c) 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;

d) Cooperatives duly organized under the laws of the Philippines; or

e) Persons or entities forming themselves into a joint venture, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, That Filipino ownership or interest thereof shall be at least sixty percent (60%), subject to the latest foreign investment negative list. For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their Joint Venture Agreement (JVA).

1.2 When the types and fields of Consulting Services involve the practice of professions regulated by law, those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions specified in the SDS.

1.3 If the Request for Expression of Interest allows participation of foreign consultants, prospective foreign bidders may be eligible subject to the conditions stated in the SDS.

1.4 Government-Owned or -Controlled corporations (GOCCs) 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 attached agencies of the Procuring Entity.

2) Eligibility Requirements

2.1 The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. The following eligibility requirements, together with the Short-listing Documents Submission Form, shall be submitted on or before the date of the eligibility check specified in the Request for Expression of Interest and Clause 5 of this Section for purposes of determining eligibility of prospective bidders:

a) PhilGEPS Certificate of Registration (Platinum Membership) in accordance with Section 20 of the IRR.

b) Statement of all its ongoing and completed government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar in nature and complexity to the procurement project, within the relevant period provided in the SDS which shall not exceed ten (10) years. The statement shall include, for each contract, the following:

i) the name and location of the contract;
ii) date of award of the contract;
iii) type and brief description of Consulting Services;
iv) consultant’s role (whether main consultant, or partner in a JV)
v) amount of contract;
vi) contract duration; and
vii) certificate of satisfactory completion or equivalent specified in the SDS issued by the client, in the case of a completed contract.

c) Statement of the consultant 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 in accordance with Clause 1.2, including their respective curriculum vitae.

d) [If applicable] the JVA in case the joint venture is already in existence, or in the absence of a JVA, a duly notarized statement from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the event that the bid is successful.

2.2 The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder’s country; and shall be authenticated by the appropriate Philippine foreign service establishment or post, or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. However, for Contracting Parties to the Apostille Convention, the documents shall be authenticated through an apostille by the Competent Authority, as defined in Section 20.9.2 of the IRR, except for countries identified by the Department of Foreign Affairs (DFA) that will still require legalization (red ribbon) by the relevant Embassy or Consulate.

2.3 Prospective bidders may obtain a full range of expertise by associating with individual consultant/s and/or other consultants or entities through a JV. Foreign Consultants shall seek the participation of Filipino Consultants by entering into a JV with Filipino Consultants.

2.4 To facilitate the determination of eligibility, the BAC shall use the contents of the PhilGEPS electronic registry of manufacturers, suppliers, distributors, contractors, or consultants, in accordance with Section 20 of the IRR.

3) Format and Signing of Short-listing Documents

3.1 Prospective bidders shall submit their short-listing documents through their duly authorized representative on or before the deadline specified in Clause 5 of this Section.

3.2 The Short-listing Documents Submission Form shall be signed by the duly authorized representative/s of the Bidder. Failure to do so shall be a ground for the rejection of the short-listing documents.

3.3 Any insertions, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the prospective bidder.

4) Sealing and Marking of Short-listing Documents

4.1 Prospective bidders shall enclose their short-listing documents described in Clause 2.1, in a sealed envelope marked “SHORT-LISTING DOCUMENTS.”

4.2 The short-listing documents as indicated in the SDS shall be signed by the prospective bidder or its duly authorized representative/s.

4.3 All envelopes shall:

a) contain the name of the contract to be bid in capital letters;
b) bear the name and address of the prospective bidder in capital letters;
c) be addressed to the Procuring Entity’s BAC specified in the SDS;
d) bear the specific identification of this Project indicated in the SDS; and
e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of short-listing documents, in accordance with Clause 5.

4.4 Unsealed or unmarked envelopes or short-listing documents that cannot be opened or corrupted in case of online submission, as required in the Bidding Documents, shall be rejected. However, for manually submitted envelopes that are not properly sealed and marked as required in the Bidding Documents, the same shall be accepted; Provided, that the bidder or its duly authorized representative shall acknowledge such condition of the documents as submitted. The BAC shall assume no responsibility for misplacement of the contents of the short-listing documents, or for its premature opening.

5) Deadline for Submission of Short-listing Documents

Short-listing documents must be received by the Procuring Entity’s BAC at the address indicated in the Request for Expression of Interest or through online submission on or before the date and time indicated in the SDS.

6) Late Submission of Short-listing Documents

Any short-listing documents submitted after the deadline for submission and receipt prescribed in Clause 5 of this Section shall be declared “Late” and shall not be accepted by the Procuring Entity. The BAC shall record in the minutes of submission and opening of short-listing documents, the Bidder’s name, its representative and the time the short-listing documents were submitted late.

7) Modification and Withdrawal of Short-listing Documents

7.1 The prospective bidder may modify its short-listing documents before the deadline for the submission and receipt of short-listing documents. For manual submission and receipt of short-listing documents, the prospective bidder shall not be allowed to retrieve its short-listing documents but shall be allowed to submit the modification to the short-listing documents equally sealed, properly identified, linked to its bid marked as “SHORT-LISTING MODIFICATION” and stamped “received” by the BAC. Modifications received after the applicable deadline shall not be considered and shall be returned to the prospective bidder unopened. For online submission, where bidders modify their short-listing documents, they shall not be allowed to retrieve their short-listing documents but shall only be allowed to submit the short-listing modification equally secured and properly identified, and it shall be labelled as a “modification” of the one previously submitted. The time indicated in the latest short-listing receipt page generated shall be the official time of submission. Short-listing documents submitted after the deadline shall not be accepted.

7.2 A prospective bidder may, in writing, withdraw its short-listing documents before the deadline for the submission and receipt of short-listing documents.

7.3 Short-listing documents requested to be withdrawn in accordance with this Clause shall be returned unopened to the prospective bidder concerned. A prospective bidder that withdraws its short-listing documents shall not be permitted to submit another set, directly or indirectly, for the same project. A prospective bidder that acquired the short-listing documents may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of short-listing documents.

8) Opening and Preliminary Examination of Short-listing Documents

8.1 The BAC will open the envelopes containing the short-listing documents in the presence of the prospective bidders’ representatives who choose to attend, at the time, on the date, and at the place specified in the SDS. The prospective bidders’ representatives who are present shall sign a register evidencing their attendance.

8.2 In case the submitted eligibility envelopes cannot be opened as scheduled due to justifiable reasons, the BAC shall take custody of the said envelopes and reschedule the opening on the next working day or at the soonest possible time through the issuance of a Notice of Postponement to be posted on the PhilGEPS website and the website of the Procuring Entity concerned.

8.3 Letters of withdrawal shall be read out and recorded during the opening of short-listing documents and the envelope containing the corresponding withdrawn short-listing documents shall be returned unopened to the withdrawing prospective bidder.

8.4 The short-listing documents envelopes and modifications, if any, shall be opened one at a time, and the following read out and recorded:

a) the name of the prospective bidder;
b) whether there is a modification or substitution; and
c) the presence or absence of each document comprising the short-listing documents vis-à-vis a check of the required documents.

8.5 The eligibility of each prospective bidder shall be determined by examining each bidder’s eligibility requirements or statements against a checklist of requirements, using non-discretionary “pass/fail” criterion, as stated in the Request for Expression of Interest, and shall be determined as either “eligible” or “ineligible.” If a prospective bidder submits the specific short-listing document required, it shall be rated “passed” for that particular requirement. In this regard, failure to submit a requirement, or an incomplete or patently insufficient submission, shall be considered “failed” for the particular eligibility requirement concerned. If a prospective bidder is rated “passed” for all the eligibility requirements, it shall be considered eligible to participate in the bidding, and the BAC shall mark the set of short-listing documents of the prospective bidder concerned as “eligible.” If a prospective bidder is rated “failed” in any of the eligibility requirements, he shall be considered ineligible to participate in the bidding, and the BAC shall mark the set of short-listing documents of the prospective bidder concerned as “ineligible.” In either case, the BAC chairperson or his duly designated authority shall countersign the markings.

9) Short-Listing of Consultants

9.1 Only prospective bidders whose submitted contracts are similar in nature and complexity to the contract to be bid as provided in the SDS shall be considered for short-listing.

9.2 The BAC shall draw up the short-list of prospective bidders from those declared eligible using the detailed set of criteria and rating system to be used specified in the SDS.

9.3 Short-listed consultants shall be invited to participate in the bidding for this project through a Notice of Eligibility and Short-Listing issued by the BAC.

10) Protest Mechanism

Decisions of the Procuring Entity at any stage of the procurement process may be protested to the HoPE; Provided, That a prior request for reconsideration should have been filed by the party concerned to the BAC and the same has been resolved.

Section III. Short-listing Data Sheet

Notes on the Short-listing Data Sheet

This Section is intended to assist the Procuring Entity in providing the specific information and requirements in relation to corresponding clauses in the short-listing documents, and has to be prepared for each specific procurement.

The Procuring Entity should specify in this Section the information and requirements specific to the circumstances of the Procuring Entity, the processing of the eligibility, and the rules that will apply in the determination and evaluation of eligibility.

In preparing this Section, the following aspects should be checked:

a) Information that specifies and complements the provisions of the short-listing documents must be incorporated.

b) Amendments and/or supplements, if any, to the provisions of the short-listing documents as necessitated by the circumstances of the specific procurement, must also be incorporated.

Short-listing Data Sheet

Short-listing Documents
1.2 The Certification Body (CB) is, at the minimum, a Department of Trade and Industry – Philippine Accreditation Bureau (DTI-PAB) accredited CB with the Philippine National Standard International Organization for Standardization/International Electrotechnical Commission (PNS), ISO/IEC 17021:2015 (Conformity Assessment – Requirements for Bodies Providing Audit and Certification of Management Systems) and relevant International Accreditation Forum (IAF) Mandatory Documents (MDs) to provide QMS certification to ISO 9001:2015 for IAF 36: Public Administration.
1.3 No further instructions.
2.1 (b) The statement of all ongoing and completed government and private contracts shall include all such contracts within five (5) years prior to the deadline for the submission and receipt of short-listing documents.
2.1 (b) (vii) The CB must provide Certificate of Satisfactory Completion or any equivalent document as proof of satisfactory completion of completed contracts.
4.2 Each prospective bidder shall submit one (1) original copy and is requested to submit four (4) duplicate copies of its eligibility and short-listing documents.

The eligibility and short-listing documents are the following (Refer to the Checklist and Tabbing of Eligibility and Short-Listing Requirements on page 6):

a) Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages) in accordance with Section 20.63.2 of the 2025 IRR of RA 12009 (Tab A); and
b) Short-Listing Documents Submission Form accompanied by a duly notarized company’s Secretary’s Certificate or Special Power of Attorney, as applicable (Tab B, SLF1 – submit duly accomplished prescribed form on page 30); and

c) Company Profile, which shall include a brief narrative on the number of years of existence of the firm and the services provided (Tab C); and

d) Valid and current accreditation certificate issued by the Department of Trade and Industry – Philippine Accreditation Bureau (DTI-PAB) under PNS ISO/IEC 17021-1:2015, provision of QMS certification to ISO 9001:2015, for scope classified under IAF 36 – Public Administration (Tab D); and
e) Statement of all Government and Private Contracts Completed for the Past Five (5), beginning 21 May 2021 to 20 May 2026, whether similar or not similar in nature and complexity to the procurement project (Tab E, SLF2 – submit duly accomplished prescribed form on page 31); and

The bidder is required to:
1. List All Government and Private Contracts Completed from the most recent first; and
2. Attach photocopies of proof of satisfactory completion in Tab E; and
3. State proof of satisfactory completion submitted. The bidder may submit any of the following supporting documents:
 Certificate of Satisfactory Completion; or
 End-User’s Acceptance; or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract; and
f) Statement of all Ongoing Government and Private Contracts, including Contracts Awarded but not yet Started for the Past Five (5) Years, beginning 21 May 2021 to 20 May 2026, whether similar or not similar in nature and complexity to the procurement project (Tab F, SLF3 – submit duly accomplished prescribed form on page 32); and
The bidder is required to:
1. List All Ongoing Government and Private Contracts from the most recent first; and
2. Attach photocopies of proof of contract award in Tab F; and
3. State proof of contract award submitted. The bidder may submit any of the following supporting documents:
 Notice of Award, or
 Notice to Proceed, or
 Signed Contract; and
g) Statement with proof of successful engagements with at least ten (10) government agencies, including one (1) judicial or one (1) quasi-judicial agency, certified to ISO 9001:2015 standard from 21 May 2021 to 20 May 2026 (Tab G, SLF4 – submit duly accomplished prescribed form on page 33); and
The bidder is required to:
1. Attach proof of successful engagements in Tab G; and
2. State proof of successful engagement submitted. The bidder may submit any of the following supporting documents:
 Certificate of QMS Registration Issued, or
 Certificate of Satisfactory Completion, or
 Certificate/s of Final Acceptance/Completion from the Bidder’s clients, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract; and
h) Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Leader (Tab H, SLF5A – submit duly accomplished prescribed form on page 34); and
The bidder is required to attach photocopies of applicable supporting documents in Tab H to evidence work experience, relevant training attended, educational attainment, and professional certifications:
h.1) Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
h.2) Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
h.3) Diploma; and
h.4) Professional certifications and/or licenses.
 Professional License refers to a valid and current Professional Regulation Commission (PRC) License
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements.
The bidder shall state “none” if personnel have no professional certification or license; and

i) Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Member 1 (Tab I, SLF5B – submit duly accomplished prescribed form on page 37); and
The bidder is required to attach photocopies of applicable supporting documents in Tab I to evidence work experience, relevant training attended, educational attainment, and professional certifications:
i.1) Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
i.2) Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
i.3) Diploma; and
i.4) Professional certifications and/or licenses
 Professional License refers to a valid and current PRC License
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements.
The bidder shall state “none” if personnel have no professional certification or license; and

j) Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Member 2 (Tab J, SLF5C – submit duly accomplished prescribed form on page 40); and

The bidder is required to attach photocopies of applicable supporting documents in Tab J to evidence work experience, relevant training attended, educational attainment, and professional certifications:

j.1) Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
j.2) Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
j.3) Diploma; and
j.4) Professional certifications and/or licenses
 Professional License refers to a valid and current PRC License
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements.
The bidder shall state “none” if personnel have no professional certification or license; and

k) Statement of the Consultant’s Nationality (Tab K, SLF6 – submit duly accomplished prescribed form on page 43); and

l) If applicable, a duly signed Joint Venture Agreement (JVA), if 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 event that the bid is successful.

In case JVA is not applicable, kindly state “Not Applicable” for this requirement.

4.3 (c) The HSAC BAC Secretariat
Procurement Section, General Services Division – Administrative Service
6F HLURB Building, Kalayaan Avenue corner Mayaman Street
Diliman, Quezon City
Email Address: bacsec.hsac@gmail.ph
Trunkline: (02) 8727-4722
4.3 (d) The name of the Project is “Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion of the Fourteen (14) RABs” (Project ID No. REI-CO-26-01).
4.4 For uniformity and to ensure the integrity of the Shortlisting Documents submitted during its Opening, the illustration of the sealing and marking of envelopes is found in Annex “A” on page 45.
5 The address for submission of short-listing documents is 6F HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.

The deadline for submission of short-listing documents is 21 May 2026 at 09:30 am.
8.1 The place of opening of short-listing documents is at the 9F Legal Service Conference Room, HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.

The date and time of opening of short-listing documents is 21 May 2026 at 10:00 am. Bids will be opened in the presence of bidders’ representatives who choose to attend the activity.
9.1 Similar contracts shall refer to the ISO 9001:2015 Certification Audit of another government organization, where the corresponding Certificate of Registration or its equivalent was issued for the purpose.

Similar contracts should have been completed within the period of 21 May 2021 to 20 May 2026.
9.2 The BAC shall rank the consultants in descending order based on their total scores considering the criteria presented below and identify the top three (3) eligible consultants as short-listed consultants. Should less than the required number of consultants apply for eligibility and short listing, pass the eligibility check, and/or pass the minimum score required in the short listing, the BAC shall consider the same.

Scoring shall be based on eligibility documents submitted, considering the following evaluation criteria:

i. Applicable experience of the firm (Certification Body) – in case of joint ventures, considering both the overall experiences of the firms or, in case of new firms, the individual experiences of the principal and key staff, including the times when employed by other consultants (50 points);

ii. Qualification of personnel who will be assigned to the job vis-à-vis extent and complexity of the undertaking (40 points); and

iii. Current workload relative to capacity (10 points).

The evaluation score for key personnel shall be based on the submitted supporting documents (i.e., Certificate of Employment and similar documents [e.g., Certificate of Engagement]; Certificates of Training programs attended or a similar document indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; Diploma indicating the degree or certificate earned; and Professional Certifications and/or Licenses). Failure to submit the supporting documents will impact the evaluation score.

To qualify for short listing, the prospective bidder should achieve an overall minimum score of 70/100 points.

Criteria Score
Applicable experience of the CB 50
A. Period of Existence of the Firm (10pts)

No. of Years Points
More than fifteen (15) years 10
Fifteen (15) years 5
Below fifteen (15) years will cause the disqualification of the bidder

B. With experience in auditing government agencies (10pts)

Scope Points
National-level office (Nationwide, Central Office) 10
Limited (Bureau, Regional Office, Service Office, LGU only) 5

C. With experience in handling similar projects, with one (1) judicial or one (1) quasi-judicial agency (15pts)

No. of Projects Points
Eleven (11) or more similar projects 15
Ten (10) similar projects 5
Below ten (10) similar projects will cause the disqualification of the bidder

D. With experience in certifying multi-site organizations (15pts)

No. of Projects Points
More than five (5) projects 15
One (1) to Five (5) projects 5

Qualification of personnel who will be assigned to the job vis-à-vis extent and complexity of the undertaking 40
A. Audit Team Leader

Qualification Points
Educational Attainment
Doctorate Degree 5
Master’s Degree 3
Auditing Experience
With more than ten (10) years of experience in leading ISO 9001 audits in both private and government institutions 5
With ten (10) years of experience in leading ISO 9001 audits in both private and government institutions 3
With more than ten (10) years of hands-on experience in auditing government services 5
With ten (10) years of hands-on experience in auditing government services 3
Audited more than one (1) judicial or one (1) quasi-judicial agency 5
Audited one (1) judicial or one (1) quasi-judicial agency 3

B. Audit Team Member 1

Qualification Points
Educational Attainment
Master’s Degree and above 2.5
Bachelor’s Degree 1.5
Auditing Experience
With more than five (5) years of experience in leading ISO 9001 audits in both private and government institutions 2.5
With five (5) years of experience in leading ISO 9001 audits in both private and government institutions 1.5
With more than five (5) years of hands-on experience in auditing government services 2.5
With five (5) years of hands-on experience in auditing government services 1.5
Audited more than one (1) judicial or one (1) quasi-judicial agency 2.5
Audited one (1) judicial or one (1) quasi-judicial agency 1.5

C. Audit Team Member 2

Qualification Points
Educational Attainment
Master’s Degree and above 2.5
Bachelor’s Degree 1.5
Auditing Experience
With more than five (5) years of experience in leading ISO 9001 audits in both private and government institutions 2.5
With five (5) years of experience in leading ISO 9001 audits in both private and government institutions 1.5
With more than five (5) years of hands-on experience in auditing government services 2.5
With five (5) years of hands-on experience in auditing government services 1.5
Audited more than one (1) judicial or one (1) quasi-judicial agency 2.5
Audited one (1) judicial or one (1) quasi-judicial agency 1.5

Current workload relative to capacity 10
The workload coinciding with this project:
Workload Points
Without current workload 10
With current workload of one (1) to four (4) projects 5
With current workload of five (5) to ten (10) projects 3

*Current workload relative to capacity pertains to the ongoing projects being handled by the CB.
GRAND TOTAL 100%
PASSING RATE 70%

Short-Listing Forms

SLF1. SHORT-LISTING DOCUMENTS SUBMISSION FORM

[Date]

The Bids and Awards Committee
Human Settlements Adjudication Commission
6F HLURB Bldg., Kalayaan Ave. corner Mayaman St.
Diliman, Quezon City

Ladies/Gentlemen:

In connection with your Request for Expression of Interest dated [insert date] for Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion the Fourteen (14) Remaining RABs (Project ID No. REI-CO-26-01), [Name of Consultant] hereby expresses interest in participating in the eligibility and short-listing for said Project and submits the attached short-listing documents in compliance with the Short-listing Documents therefor.

In line with this submission, we certify that:

a) [Name of Consultant] is not blacklisted or barred from bidding by the GoP or any of its agencies, offices, corporations, LGUs, or autonomous regional government, including foreign government or foreign or international financing institution; and

b) Each of the documents submitted herewith is an authentic copy of the original, complete, and all statements and information provided therein are true and correct.

We acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating to our submission irrespective of whether we are declared eligible and short-listed or not.

We further acknowledge that failure to sign this Short-listing Documents Submission Form shall be a ground for our disqualification.

Yours sincerely,
Signature
Name and Title of Authorized Signatory
Name of Consultant
Address

SLF2. STATEMENT OF ALL GOVERNMENT AND PRIVATE CONTRACTS COMPLETED FOR THE PAST FIVE (5) YEARS*

Business Name :
Business Address :

Project Name and Location
Name of Client,
Contact Person, Company
Contact Number, and Company Email Address Date of Contract Award
(dd/mm/yyyy) Type and Brief Description of Consulting Services Consultant’s
Role
(Main Consultant or Partner in JV) Amount of Contract Contract Duration Proof of satisfactory completion

Start of Contract
(dd/mm/yyyy) Completion of Contract
(dd/mm/yyyy)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9
Government

[Add details as may be necessary]
Private

[Add details as may be necessary]

Certified by :
(Signature Over Printed Name)
Title/Designation :
Date :

*Include all contracts beginning 21 May 2021 to 20 May 2026, and attach proof of satisfactory completion of the project

The bidder is required to:
1. List All Government and Private Contracts Completed from the most recent first; and
2. Attach proof of satisfactory completion in Tab E; and
3. State proof of satisfactory completion in Column 9. The bidder may submit any of the following supporting documents:
 Certificate of Satisfactory Completion, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract.
SLF3. STATEMENT OF ALL ONGOING GOVERNMENT AND PRIVATE CONTRACTS INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED
FOR THE PAST FIVE (5) YEARS*

Business Name :
Business Address :

Project Name and Location Name of Client,
Contact Person, Company
Contact Number, and Company Email Address Date of Contract Award
(dd/mm/yyyy) Type and Brief Description of Consulting Services Consultant’s
Role
(Main Consultant or Partner in JV) Amount of Contract Contract Duration Proof of Award

Start of Contract
(dd/mm/yyyy) Completion of Contract
(dd/mm/yyyy)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9
Government

[Add details as may be necessary]
Private

[Add details as may be necessary]

Certified by :
(Signature Over Printed Name)
Title/Designation :
Date :

*Include all contracts beginning 21 May 2021 to 20 May 2026, and attach proof of award
The bidder is required to:
1. List All Ongoing Government and Private Contracts from the most recent first; and
2. Attach photocopies of proof of contract award in Tab F; and
3. State proof of contract award in Column 9. The bidder may submit any of the following documents:
 Notice of Award, or
 Notice to Proceed, or
 Signed Contract.

SLF4. STATEMENT WITH PROOF OF SUCCESSFUL ENGAGEMENTS
WITH AT LEAST TEN (10) GOVERNMENT AGENCIES,
INCLUDING ONE (1) JUDICIAL OR ONE (1) QUASI-JUDICIAL AGENCY, CERTIFIED TO ISO 9001:2015
FOR THE PAST FIVE (5) YEARS

Business Name :
Business Address :

Project Name and Location Name of Client,
Contact Person, Contact Number, and Email Address Date of Contract Award
(dd/mm/yyyy) Project Type
(Please state if Single Site or
Multi-Site) Agency Type
(e.g. NGA, GOCC, SUC, Judicial, Quasi-Judicial) Consultant’s
Role
(Please state if Main Consultant or Partner in JV) Amount of Contract Contract Duration Proof of Successful Engagement
and/or satisfactory completion of the project
Start of Contract
(dd/mm/yyyy) Completion of Contract
(dd/mm/yyyy)
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
[Add details as may be necessary]

Certified by :
(Signature Over Printed Name)
Title/Designation :
Date :
*Include Contracts beginning 21 May 2021 to 20 May 2026, and attach proof of satisfactory completion of the project
The bidder is required to:
1. Attach proof of successful engagements and/or satisfactory completion of the project in Tab G.
2. State proof of successful engagements and/or satisfactory completion. The bidder may submit any of the following documents:
 Certificate of QMS Registration Issued, or
 Certificate of Satisfactory Completion, or
 Certificate/s of Final Acceptance/Completion from the Bidder’s clients, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract.
SLF5A. CURRICULUM VITAE FOR THE PROPOSED PROFESSIONAL STAFF

Proposed Position : Audit Team Leader
Name of Firm :
Name of Staff :
Profession :
Date of Birth : Nationality :
Years with Firm/Entity : from [dd/mm/yyyy] to [dd/mm/yyyy]
Current Position in the Firm :

Membership in Professional Societies :

Detailed Tasks Assigned :

Key Qualifications:

[Give an outline of staff member’s experience and relevant training most pertinent to the tasks on project at hand and aligned with the technical qualifications or certifications mentioned in the SDS. Describe the degree of responsibility held by staff member on relevant previous projects and give dates and locations.]

Experience as ISO 9001 Auditor For (Start from the most recent)
Company Type of Project Date
(dd/mm/yyyy) Position
(State if Audit Team Leader, Audit Team Member, etc.) Location Actual Duties and Responsibilities
From
To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Trainings (Start from the most recent) –
Please attach copy of Training Certificates or similar documents
Course Title Date
(dd/mm/yyyy) Location/Venue No. of Hours Conducted/
Sponsored by
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Certifications/Licenses (Start from the most recent) –
Please attach copy of Certificates/Licenses
Certification Valid Date
(dd/mm/yyyy) Certification Issued by
From To
1.
2.
3. [Add details as may be necessary]

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.]

Education (Start from the most recent) –
Please attach copy of Diploma
University/School Valid Date
(dd/mm/yyyy) Degree/Title Obtained
From To
1.
2.
3. [Add details as may be necessary]

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 the last ten (10) years, also give types of activities performed and client references, where appropriate. Use about two pages.]

Work Experience (Start from the most recent) –
Please attach copy of Certificate of Employment or similar documents
Company Inclusive Date Total
(Years, Month) Position Title Actual Duties and Responsibilities
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Languages:

[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

__________________________________________________________________________________________________________________________________________________

Certification:

I, [full name of the proposed professional staff], certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Commitment:

I also commit to work for the Project in accordance with the time schedule as indicated in the contract once the firm is awarded the Project.

Date:
[Signature Over Printed Name of Proposed Professional Staff] Day/Month/Year

Date:
[Signature Over Printed Name of the Firm’s authorized representative] Day/Month/Year

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Notarial Commission No. ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

SLF5B. CURRICULUM VITAE FOR THE PROPOSED PROFESSIONAL STAFF

Proposed Position : Audit Team Member 1
Name of Firm :
Name of Staff :
Profession :
Date of Birth : Nationality :
Years with Firm/Entity : from [dd/mm/yyyy] to [dd/mm/yyyy]
Current Position in the Firm :

Membership in Professional Societies :

Detailed Tasks Assigned :

Key Qualifications:

[Give an outline of staff member’s experience and relevant training most pertinent to the tasks on project at hand and aligned with the technical qualifications or certifications mentioned in the SDS. Describe the degree of responsibility held by staff member on relevant previous projects and give dates and locations.]

Experience as ISO 9001 Auditor For (Start from the most recent)
Company Type of Project Date
(dd/mm/yyyy) Position
(State if Audit Team Leader, Audit Team Member, etc.) Location Actual Duties and Responsibilities
From
To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Trainings (Start from the most recent) –
Please attach Training Certificates or similar documents
Course Title Date Location/Venue No. of Hours Conducted/
Sponsored by
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Certifications/Licenses (Start from the most recent) –
Please attach copy of Certificates/Licenses
Certification Valid Date
(dd/mm/yyyy) Certification Issued by
From To
1.
2.
3. [Add details as may be necessary]

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.]

Education (Start from the most recent) –
Please attach copy of Diploma
University/School Valid Date
(dd/mm/yyyy) Degree/Title Obtained
From To
1.
2.
3. [Add details as may be necessary]

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 the last ten (10) years, also give types of activities performed and client references, where appropriate. Use about two pages.]

Work Experience (Start from the most recent) –
Please attach copy of Certificate of Employment or similar documents
Company Inclusive Date Total
(Years, Month) Position Title Actual Duties and Responsibilities
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Languages:

[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

__________________________________________________________________________________________________________________________________________________

Certification:

I, [full name of the proposed professional staff], certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Commitment:

I also commit to work for the Project in accordance with the time schedule as indicated in the contract once the firm is awarded the Project.

Date:
[Signature Over Printed Name of Proposed Professional Staff] Day/Month/Year

Date:
[Signature Over Printed Name of the Firm’s authorized representative] Day/Month/Year

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Notarial Commission No. ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

SLF5C. CURRICULUM VITAE FOR THE PROPOSED PROFESSIONAL STAFF

Proposed Position : Audit Team Member 2
Name of Firm :
Name of Staff :
Profession :
Date of Birth : Nationality :
Years with Firm/Entity : from [dd/mm/yyyy] to [dd/mm/yyyy]
Current Position in the Firm :

Membership in Professional Societies :

Detailed Tasks Assigned :

Key Qualifications:

[Give an outline of staff member’s experience and relevant training most pertinent to the tasks on project at hand and aligned with the technical qualifications or certifications mentioned in the SDS. Describe the degree of responsibility held by staff member on relevant previous projects and give dates and locations.]

Experience as ISO 9001 Auditor (Start from the most recent)
Company Type of Project Date
(dd/mm/yyyy) Position
(State if Audit Team Leader, Audit Team Member, etc.) Location Actual Duties and Responsibilities
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Trainings (Start from the most recent) –
Please attach Training Certificates or similar documents
Course Title Date
(dd/mm/yyyy) Location/Venue No. of Hours Conducted/
Sponsored by
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Certifications/Licenses (Start from the most recent) –
Please attach copy of Certificates/Licenses
Certification Valid Date
(dd/mm/yyyy) Certification Issued by
From To
1.
2.
3. [Add details as may be necessary]

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.]

Education (Start from the most recent) –
Please attach copy of Diploma
University/School Valid Date
(dd/mm/yyyy) Degree/Title Obtained
From To
1.
2.
3. [Add details as may be necessary]

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 the last ten (10) years, also give types of activities performed and client references, where appropriate. Use about two pages.]

Work Experience (Start from the most recent) –
Please attach copy of Certificate of Employment or similar documents
Company Inclusive Date Total
(Years, Month) Position Title Actual Duties and Responsibilities
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Languages:

[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

__________________________________________________________________________________________________________________________________________________

Certification:

I, [full name of the proposed professional staff], certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Commitment:

I also commit to work for the Project in accordance with the time schedule as indicated in the contract once the firm is awarded the Project.

Date:
[Signature Over Printed Name of Proposed Professional Staff] Day/Month/Year

Date:
[Signature Over Printed Name of the Firm’s authorized representative] Day/Month/Year

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Notarial Commission No. ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

SLF6. STATEMENT OF THE CONSULTANT’S NATIONALITY

[Date]

The Bids and Awards Committee
Human Settlements Adjudication Commission
HLURB Bldg., Kalayaan Avenue corner Mayaman Street
Diliman, Quezon City

Ladies/Gentlemen:
In compliance with the requirements of the Human Settlements Adjudication Commission – Bids and Awards Committee (HSAC-BAC) for the bidding of the Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion of the Fourteen (14) Remaining RABs (Project ID No. REI-CO-26-01), I/we hereby declare the following:
1. [Select one and delete the rest]. [If domestic entity consultant] That (Name of the consultant) is a domestic sole proprietorship/partnership/corporation/joint venture organized or formed under the laws of the Philippines;
[If foreign entity consultant] That (Name of the consultant) is a foreign sole proprietorship/partnership/corporation/joint venture organized or formed under the laws of the (Name of the country);
[If foreign entity consultant] That (Name of the consultant) is registered with the Securities and Exchange Commission and/or any agency authorized by the laws of the Philippines;
2. That the following are the proposed Personnel:
Name of Proposed Personnel Proposed Position Nationality Proof of Identification
1. Audit Team Leader Filipino
2. Audit Team Member Filipino
3. Audit Team Member Filipino

3. That attached herewith are the Curriculum Vitae of the above-mentioned personnel (Annex/es/Forms SLF5A, SLF5B, and SLF5C); and

4. That the undersigned is/are the authorized representative/s for this public bidding as evidenced by herewith attached notarized authority.

Very truly yours,

Signature: ____________________________
Name and Title of Authorized Signatory: _________________________
Name of Consultant/Company: __________________________
Address: _______________________Contact No/s.__________________

(Note: Please attach the notarized authority of the consultant’s signatory for the competitive bidding for this project)

Annex “A”

Submission of Short-Listing Documents
All submissions must be contained and sealed in one (1) outer envelope

Each signed and sealed envelope shall be labeled as follows:

ATTENTION:
The Bids and Awards Committee (BAC)
Human Settlements Adjudication Commission (HSAC)
c/o The BAC Secretariat
6F HLURB Bldg., Kalayaan Ave. corner Mayaman St.
Diliman, Quezon City

Name of Project: Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s QMS to ISO 9001:2015 in the Central Office, RABs NCR and IV-B and Site Inclusion of the Fourteen (14) Remaining RABs
Project Reference No.: REI-CO-26-01
Submitted by: Name of Bidder’s Company and Signature of Representative
Address of Bidder: [Please provide Bidder’s Address]

“DO NOT OPEN BEFORE: 21 May 2026 – 10:00am

Section I. Notice of Eligibility and Short-Listing

[Insert Date]
[Name and Address of Short-Listed Consultant]

Dear [Addressee]:

1) The Human Settlements Adjudication Commissioner (HSAC) (hereinafter called “Procuring Entity” has received financing (hereinafter called “funds”) from the Fiscal Year (FY) 2025 General Appropriations Act or Republic Act (RA) No. 12116, and Department of Budget and Management (DBM) National Budget Circular (NBC) No. 599, or the Guidelines on the Release of Funds for FY 2026 (hereinafter called the “Funding Source”) toward the cost of “Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office and Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion of the Fourteen (14) Remaining RABs” (Project ID No. REI-CO-26-01). The Procuring Entity intends to apply a portion of the funds in the amount of Three Million Eight Hundred Sixty-Four Thousand Eight Hundred Pesos (Php3,864,800.00) to eligible payments under the contract for [insert name of contract] for which the Bidding Documents are issued.

2) The Procuring Entity now invites bids to provide the following Consulting Services: Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office and Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion of the Fourteen (14) Remaining RABs” (Project ID No. REI-CO-26-01). More details on the services are provided in the Terms of Reference for the project.

3) The Consultant shall be selected and employed in accordance with Quality-Cost Based Evaluation procedures as described in the Bidding Documents.

4) This notice has been addressed to the following short-listed consultants:
[Insert list of short-listed consultants]

5) This invitation is non-transferable and may not be assigned to any other consultant.

6) The Bidding Documents may be acquired at the 6F HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City through the HSAC Bids and Awards Committee (BAC) Secretariat during office hours from 9:00 a.m. to 4:00 p.m. upon payment of an applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount of Five Thousand Pesos (Php5,000.00).

7) The HSAC will hold a Pre-Bid Conference on 16 June 2026 at 9F Legal Service Conference Room, HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City, which shall be open to all short-listed consultants.

8) Bid documents must be received by the Procuring Entity’s BAC at the address indicated in the Request for Expression of Interest on or before 9:30am of 29 June 2026.

Yours sincerely,
_____________________________
[Signature Over Printed Name]
Chairperson
Bids and Awards Committee

Part II
Checklist of Requirements for the
Technical and Financial Proposal
The bidders are required to submit a Table of Contents
for the following documents with proper tabbing.
(Deadline of Submission and Receipt of
Technical and Financial Proposals: 29 June 2026)

Technical Proposal consisting of the following, as described in ITB Clause 12.2:
Tab Form# Technical Proposal Form/Document
1. TPF1. Technical Proposal Submission Form
2. TPF2. Consultant’s References
3. TPF3. Comments and Suggestions of Consultant on the Terms of Reference and on Data, Services and Facilities to be provided by the Procuring Entity
4. TPF4. Description of the Methodology and Work Plan for Performing the Project
5. TPF5. Team Composition and Task
6. TPF6. Curriculum Vitae for Proposed Professional Staff
Include Training Certificate/s, Diploma, Employment Certificates, and other related Certifications
7. TPF7. Time Schedule for Professional Staff
8. TPF8. Activity (Work) Schedule
9. Omnibus Sworn Statement
Accompanied by the company’s Secretary’s Certificate or Special Power Attorney
10. Bid Security as described in ITB clause 16 (see Bid Securing Declaration Form)

Financial Proposal as described in ITB Clause 13.2:
Tab Form# Financial Proposal Form/Document
1. FPF1. Financial Proposal Submission Form
2. FPF2. Summary of Costs
3. FPF3. Breakdown of Price per Activity
4. FPF4. Breakdown of Remuneration per Activity
5. FPF5. Reimbursables per Activity
6. FPF6. Miscellaneous Expenses

 Pursuant to ITB Clause 11, the TPFs and FPFs, the bids, and all other documents to be submitted to the BAC must be in English. If the TPFs and FPFs or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder’s country. The Bidder shall cause the authentication of the translated documents and shall be authenticated by the appropriate Philippine foreign service establishment or post or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid.

 Each prospective bidder shall submit one (1) original copy of its eligibility documents and is requested to submit four (4) duplicate copies.

 In case a discrepancy exists between the requirements stated in the Checklist and the requirements specified in the Bidding Documents, the latter shall prevail.

Philippine Bidding Documents

Republic of the Philippines
HUMAN SETTLEMENTS ADJUDICATION COMMISSION
KALAYAAN AVENUE CORNER MAYAMAN STREET, DILIMAN, QUEZON CITY

Procurement of Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and IV-B, and Site Inclusion
of the Fourteen (14) Remaining RABs

Project ID No. REI-CO-26-01

Section II. Instructions to Bidders

TABLE OF CONTENTS

A. General 53
1) Scope of Bid 53
2) Source of Funds 53
3) Requirements Prior to Bidding 53
4) Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices 53
5) Conflict of Interest 55
6) Eligible Bidders 57
7) Bidder’s Responsibilities 58
8) Origin of Associated Goods 60
B. Contents of Bidding Documents 60
9) Pre-Bid Conference 60
10) Clarifications and Amendments to Bidding Documents 60
C. Preparation of Bids 61
11) Language of Bids 61
12) Documents Comprising the Bid: Technical Proposal 61
13) Documents Comprising the Bid: Financial Proposal 64
14) Bid Currencies 64
15) Bid Validity 65
16) Bid Security 65
17) Format and Signing of Bids 67
18) Sealing and Marking of Bids 67
D. Submission and Opening of Bids 68
19) Deadline for Submission of Bids 68
20) Late Bids 68
21) Modification and Withdrawal of Bids 68
E. Evaluation and Comparison of Bids 69
22) Opening and Preliminary Examination of Bids 69
23) Process to be Confidential 70
24) Clarification of Bids 70
25) Bid Evaluation 70
26) Evaluation of Technical Proposal 71
27) Opening and Evaluation of Financial Proposals 72
28) Negotiations 72
29) Post Qualification 73
30) Reservation Clause 75
F. Award of Contract 75
31) Contract Award 75
32) Signing of the Contract 76
33) Performance Security 77
34) Notice to Proceed 78
35) Protest Mechanism 78

A. General

1) Scope of Bid

1.1 The Procuring Entity named in the BDS shall select an individual, sole proprietorship, cooperative, partnership, corporation, or a joint venture (JV) (hereinafter referred to as “Consultant”) from among those short-listed, in accordance with the evaluation procedure specified in the BDS. The identification number shall be specified in the BDS.

1.2 Consultants are invited to submit bids composed of a technical proposal and a financial proposal for Consulting Services required for this Project described in the BDS. Bids shall be the basis for contract negotiations and ultimately for a signed contract with the selected Consultant.

1.3 If the BDS indicates that the Project will be completed in phases, each phase must be completed to the Procuring Entity’s satisfaction prior to the commencement of the next phase.

2) Source of Funds

The Procuring Entity has received financing (hereinafter called “funds”) from the source indicated in the BDS (hereinafter called the “Funding Source”) toward the cost of the Project named in the BDS. The Procuring Entity intends to apply a portion or the whole of the funds to payments for this Project.

3) Requirements Prior to Bidding
3.1 Consultants must familiarize themselves with the local conditions and take them into account in preparing their bids. To obtain firsthand information on the project and on the local conditions, Consultants are encouraged to visit the Procuring Entity before submitting a bid and to attend the pre-bid conference specified in ITB Clause 9. The Consultants’ costs of preparing their bids and negotiating the contract, including a visit to the Procuring Entity, are not reimbursable as a direct cost of the project.
3.2 Consultants shall not be under a declaration of ineligibility for corrupt, fraudulent, collusive, coercive, or obstructive practices issued by the Funding Source or the Procuring Entity in accordance with ITB Clause 4.1.

4) Corrupt, Fraudulent, Collusive, Coercive, and Obstructive Practices

4.1 Unless otherwise specified in the BDS, the Procuring Entity as well as the Consultants shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the Procuring Entity:

a) defines, for purposes of this provision, the following terms under existing laws, rules, and regulations:

i) “corrupt practice” means an act by which officials in the public or private sectors 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 No. 3019.

ii) “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 Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.

iii) “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels.

iv) “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.

v) “obstructive practice” is

a) deliberately destroying, falsifying, altering or concealing of evidence material to administrative proceedings or investigation or making false statements to investigators in order to materially impede administrative proceedings or investigation of the Procuring Entity 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

b) acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein.

b) Undertakes to reject a proposal for award upon prima facie determination that the Consultant recommended for award has engaged in any of the prohibited practices mentioned in this Clause for purposes of competing for the contract.

4.2 Further, the Procuring Entity 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 ITB Clause 4.1(a).

4.3 Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a Consultant in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 52.

5) Conflict of Interest

5.1 All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (i) below:

a) A Bidder has controlling shareholders or beneficial owners in common with another bidder;

b) A Bidder receives or has received any direct or indirect subsidy from any other bidder;

c) A Bidder has the same legally authorized representative as that of another bidder for purposes of this bid;

d) A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence the bid of another bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization that lends, or temporarily seconds, its personnel to firms or organizations that are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;

e) A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid;

f) A Bidder who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project;

g) If a Bidder combines the function of consulting with those of contracting and/or supply of equipment for the same Project;

h) If a Bidder is associated with, affiliated to, or owned by a contractor or a manufacturing firm with departments or design offices offering services as consultants unless such Bidder includes relevant information on such relationships along with a statement in the Technical Proposal cover letter to the effect that the Bidder shall limit its role to that of a consultant and disqualify itself and its associates from work in any other capacity that may emerge from the Project (including bidding for any part of the future project). The contract with the Bidder selected to undertake the Project shall contain an appropriate provision to such effect; or

i) If there is a conflict among consulting projects, the Bidder (including its personnel) and any subsidiaries or entities controlled by such Bidder shall not be recruited for the relevant project. The duties of the Bidder depend on the circumstances of each case. While continuity of consulting services may be appropriate in particular situations where no conflict exists, a Bidder cannot be recruited to carry out a project that, by its nature, shall result in conflict with a prior or current project of such Bidder. Examples of the situations mentioned are when a Bidder engaged to prepare engineering design for an infrastructure project shall not be recruited to prepare an independent environmental assessment for the same project; similarly, a Bidder assisting a Procuring Entity in privatization of public assets shall not purchase, nor advise purchasers, of such assets; or a Bidder hired to prepare the Terms of Reference (TOR) for a project shall not be recruited for the project in question.

5.2 All Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related, by consanguinity or affinity up to the third civil degree, to the Head of the Procuring Entity (HoPE), Procurement Agent (if engaged), the head of the Project Management Office (PMO), the End-User or Implementing Unit, or any members of the Bids and Awards Committee (BAC), Technical Working Group (TWG), BAC Secretariat, and the project consultants.

5.3 The Bidder shall also disclose the ultimate beneficial ownership of an entity. Failure to comply with the aforementioned provision shall be a ground for the automatic disqualification of the bid in consonance with Section 59 of the IRR. For this reason, relationship to the aforementioned persons within the third civil degree of consanguinity or affinity shall automatically disqualify the Bidder from participating in the procurement of contracts of the Procuring Entity notwithstanding the act of such persons inhibiting themselves from the procurement process. This Clause shall apply to the following persons and affiliates:

a) In the case of individuals or sole proprietorships, to the Bidders and their spouses;

b) In the case of partnerships, to the partnership itself and its partners;

c) In the case of cooperatives, to the cooperative itself and members of the board of directors, general manager, or chief executive officer;

d) A partnership, joint venture or consortium which is blacklisted or which has blacklisted member/s or partner/s, as well as a person or entity who is a member of a blacklisted joint venture or consortium, are likewise not allowed to participate in any government procurement during the period of suspension or blacklisting; and

e) In the case of corporations, a single stockholder, together with their relatives up to the third civil degree of consanguinity or affinity, and their assignees, holding at least twenty percent (20%) of the shares therein, its chairperson and president, shall be blacklisted after they have been determined to hold the same controlling interest in a previously blacklisted corporation or in two corporations that have been blacklisted; the corporations of which they are part of shall also be blacklisted.

5.4 Subject to the provisions of ITB Clause 5, any previous or ongoing participation by the Bidder, its professional staff, or its affiliates or associates under a contract with the Funding Source or the Procuring Entity in relation to this Project may result in the rejection of its bid. The Bidder should clarify their situation in that respect with the Procuring Entity before preparing its bid.

5.5 Bidders are discouraged to include officials and employees of the Government of the Philippines (GoP) as part of its personnel. Participation of officials and employees of the GoP in the Project shall be subject to existing laws, rules, and regulations, such as those of the Civil Service Commission.

5.6 Fairness and transparency in the selection process require that all Bidders have an equal opportunity to compete, and that no Bidder derives an unfair advantage from having previously provided consulting services related to the Project. To uphold fairness, the Procuring Entity shall ensure that all information which could provide a competitive advantage is disclosed equally to all short-listed Consultants, together with the Bidding Documents.

6) Eligible Bidders

6.1 Only Bids found to be legally, technically, and financially eligible will be evaluated. For procurement of Consulting Services, the following persons shall be eligible to participate in this bidding:

a) Duly licensed Filipino citizens or sole proprietorships;

b) 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;

c) 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;

d) Cooperatives duly organized under the laws of the Philippines; and

e) Persons entities forming themselves into a Joint Venture (JV), i.e., a group of two (2) or more persons or entities that intend to be jointly and severally responsible or liable for a particular contract; Provided, however, That Filipino ownership or interest of the JV concerned shall be at least sixty percent (60%). For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the joint venture as specified in their Joint Venture Agreement (JVA); Provided further, That the primary purpose of each member of the joint venture must be similar or related to the requirement of the project to be bid out.

6.2 Foreign Bidders may be eligible to participate if local consultants do not have sufficient expertise, capability, and capacity to render the services required under the project, as determined by the HoPE, in accordance with Section 52.4.3.3 of the IRR.

6.3 GOCCs may be eligible to participate if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the Procuring Entity.

7) Bidder’s Responsibilities

7.1 The Consultant or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VII. PBD Related Forms as required in ITB Clause 12.2(e).

7.2 Before submitting their bids, the Consultants are deemed to be knowledgeable of all existing laws, decrees, ordinances, acts, and regulations of the Philippines which may affect this Project in any way.

7.3 The Consultant undertook the following responsibilities:

a) Took steps to carefully examine and ensure full understanding and comprehension of the Bidding Documents, its requirements, clauses, and provisions;

b) Acknowledged all conditions, local or otherwise, affecting the implementation of the contract;

c) Made an estimate of the facilities available and needed for this Project, if any;

d) Complied with the responsibility to inquire or secure Supplemental Bid Bulletin(s) as provided under ITB Clause 9.4;

e) Ensured that it is not “blacklisted” or barred from bidding by the GoP or any of its agencies, offices, corporations, or local government units (LGUs), including foreign government, or foreign or international financing institution whose blacklisting rules have been recognized by the GPPB; by itself or by relation, membership, association, affiliation, or controlling interest with another blacklisted person or entity;

f) Ensured that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;

g) Authorized the HoPE or its duly authorized representative/s to verify all the documents submitted;

h) Ensured that the signatory is the duly authorized representative of the Bidder, and granted full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, to sign and execute the ensuing contract, accompanied by the duly notarized Special Power of Attorney, Board or Partnership Resolution, or Secretary’s Certificate, whichever is applicable;

i) Complied with the disclosure provision under Sections 81 and 82 of RA No. 12009 and its IRR in relation to other provisions of RA No. 3019;

j) Complied with existing labor laws and standards, in the case of procurement of services. Moreover, the Consultant undertook the responsibility to:
i) Ensure the entitlement of workers to wages, hours of work, safety and health and other prevailing conditions of work as established by national laws, rules, and regulations; or collective bargaining agreement; or arbitration award, if and when applicable. In case there is a finding by the Procuring Entity or the DOLE of underpayment or non-payment of workers’ wage and wage-related benefits, the Consultant agrees that the performance security or portion of the contract amount shall be withheld in favor of the complaining workers pursuant to appropriate provisions of RA No. 12009 without prejudice to the institution of appropriate actions under the Labor Code, as amended, and other social legislations.

ii) Comply with Occupational Safety and Health Standards (OSHS) to correct deficiencies, if any.

In case of imminent danger, injury, or death of the worker, the Bidder undertakes to suspend contract implementation pending clearance to resume from the DOLE Regional Office, in compliance with the Work Stoppage Order; and

iii) Inform the workers of their conditions of work, labor clauses under the contract specifying wages, hours of work and other benefits under prevailing national laws, rules, and regulations; or collective bargaining agreement; or arbitration award, if and when applicable, through posting in two (2) conspicuous places in the establishment’s premises;

k) Ensured that it did not give or pay, directly or indirectly, any commission, amount, fee, or any form of compensation, pecuniary or otherwise, to any person or official, personnel, or representative of the government in relation to any procurement project or activity;

l) Examined all instructions, forms, terms, and specifications in the Bidding Documents;
m) Determined and complied with all matters pertaining to the contract to be bid, including but not limited to: (a) the location and the nature of this Project; (b) climatic conditions; (c) transportation facilities; (c) nature and condition of the terrain, geological conditions at the site communication facilities, requirements, location and availability of construction aggregates and other materials, labor, water, electric power and access roads; and (d) other factors that may affect the cost, duration, and execution or implementation of this Project; and
n) Ensured that all information in the Bidding Documents, including bid or supplemental bid bulletin/s issued, is correct and consistent. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible Bidder out of the data furnished by the Procuring Entity.
Failure to observe any of the above responsibilities shall be at the risk of the Consultant concerned.

7.4 Further, the Consultant shall bear all costs associated with the preparation and submission of its bid, and the Procuring Entity will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

In case of failure of bidding, the Bidding Documents fee may be applied in the re-bidding for the same Project.

7.5 Furthermore, the Consultant should be aware that the Procuring Entity will accept bids from those that have paid the applicable fee for the Bidding Documents at the office indicated in the Request for Expression of Interest.

8) Origin of Associated Goods

Unless otherwise indicated in the BDS, there is no restriction on the origin of Goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

B. Contents of Bidding Documents

9) Pre-Bid Conference

9.1 If so specified in the BDS, a pre-bid conference shall be held either at the Procuring Entity’s physical address and/or online through videoconferencing, webcasting, or similar technology, or a combination thereof, on the date indicated therein, to clarify and address the Consultant’s questions on the technical and financial components of this Project.

9.2 The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids, but not earlier than seven (7) calendar days from the determination of the short-listed Consultants.

9.3 Consultants are highly encouraged to attend the pre-bid conference to fully understand the Procuring Entity’s requirements. While non-attendance of the Consultant will in no way prejudice its bid, the Consultant is expected to know the changes and/or amendments to the Bidding Documents as provided in the Supplemental Bid Bulletin.

The proceedings of the pre-bid conference shall be recorded and the corresponding minutes prepared not later than five (5) calendar days after the pre-bid conference. The minutes shall be made available to prospective bidders not later than five (5) days upon written request.

9.4 Decisions of the BAC amending any provision of the Bidding Documents shall be issued in writing through a Supplemental Bulletin at least seven (7) calendar days before the deadline for the submission and receipt of bids.

10) Clarifications and Amendments to Bidding Documents

10.1 Short-listed Consultants may request for clarification on and/or interpretation of any part of the Bidding Documents. Such a request must be in writing and submitted to the BAC of the Procuring Entity at the address or through the electronic mail indicated in the BDS or through the electronic bidding facility in the modernized PhilGEPS, as may be applicable, at least ten (10) calendar days before the deadline set for the submission and receipt of bids.

10.2 The BAC shall respond to the said request by issuing a Supplemental Bid Bulletin duly signed by the BAC Chairperson. It shall be made available to all those who have properly secured the Bidding Documents at least seven (7) calendar days before the deadline for the submission and receipt of bids.

10.3 Supplemental Bid Bulletins may also be issued upon the Procuring Entity’s initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the Bidding Documents shall be identified as an amendment.

10.4 Any Supplemental Bid Bulletin issued by the BAC shall also be posted in the PhilGEPS, in any conspicuous place in the premises of the Procuring Entity, and on the website or social media platforms of the Procuring Entity, if available, or such other channels as may be authorized by the GPPB. It shall be the responsibility of all prospective bidders, including those who have properly secured the Bidding Documents, to inquire and secure Supplemental Bid Bulletins that may be issued by the BAC. However, Consultants who have submitted bids before the issuance of the Supplemental Bid Bulletin must be accordingly informed by the BAC and be allowed to modify or withdraw their bids prior to the deadline for the submission and receipt of bids in accordance with ITB Clause 21.

C. Preparation of Bids

11) Language of Bids

The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder’s country. The Consultant shall cause the authentication of the translated documents and shall be authenticated by the appropriate Philippine foreign service establishment or post or the equivalent office having jurisdiction over the foreign Consultant’s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid.

However, for Contracting Parties to the Apostille Convention, the documents shall be authenticated through an apostille by the Competent Authority, as defined in Section 20.9.2 of the IRR, except for countries identified by the DFA that will still require legalization (red ribbon) by the relevant Embassy or Consulate.

12) Documents Comprising the Bid: Technical Proposal

12.1 While preparing the Technical Proposal, Consultants must give particular attention to the following:

a) The Technical Proposal shall not include any financial information. Any Technical Proposal containing financial information shall be declared non-responsive.

b) For projects on a staff-time basis, the estimated number of professional staff-months specified in the BDS shall be complied with. Bids shall, however, be based on the number of professional staff-months estimated by the Bidder.

c) Proposed professional staff must, at a minimum, have the experience indicated in the BDS, preferably working under conditions similar to those prevailing in the Republic of the Philippines.
d) No alternative professional staff shall be proposed, and only one Curriculum Vitae (CV) may be submitted for each position.
12.2 The Technical Proposal shall contain the following information/documents:

a) Technical Proposal Submission Form shall be the cover letter of the Technical Proposal, using the form prescribed in Section VII. PBD Related Forms (TPF 1).

b) PhilGEPS Certificate of Registration (Platinum Membership) in accordance with Section 20 of the IRR.
c) Bid security as prescribed in ITB Clause 16, and validity period under ITB Clause 15.
d) Information indicated in the paragraphs below must be provided by the Consultant and each partner, if any, following the formats described in the Technical Proposal Forms:
i) A brief description of the organization and outline of recent experience of the Consultant and each partner, if any, on projects of a similar and related nature as required in form TPF 2. Consultant’s References. For each project, the outline should indicate among other things, the project, contract amount and the Consultant’s involvement. Information should be provided only for those projects for which the Consultant was legally contracted by itself or as one of the major participating consultants within an association. Whenever applicable, the experience of individual experts from projects completed independently or when associated with consultants other than the one with whom the individual is currently associated with cannot be claimed as the experience of the current consultant or any one of its partners but can be claimed by the individuals themselves in their CVs. Consultants should be prepared to substantiate the claimed experience if so requested by the Procuring Entity.
ii) Comments, if any, on the TOR (TPF 3. Comments and Suggestions of Consultant on the Terms of Reference and on Data, Services, and Facilities) to improve performance in carrying out the Project. Innovativeness shall be appreciated, including workable suggestions that could improve the quality or effectiveness of the Project. In this regard, unless the Consultant clearly states otherwise, it shall be assumed by the Procuring Entity that the work required to implement any such improvements is included in the inputs shown on the Consultant’s Staffing Schedule. It shall include a list of facilities requested by the Consultant to be provided by the Procuring Entity, if any, in addition to those shown on the Data Sheet that may include support facilities such as counterpart staff, office space, local transportation, equipment, domestic administrative support, etc. that would be needed to carry out the Project.
iii) A concise, complete, and logical description of how the Consultant’s team shall carry out the services to meet all requirements of the TOR using TPF 4. Description of the Methodology and Work Plan for Performing the Project.
iv) An organization chart of the key and support staff indicating their tasks in the project using TPF 5. Team Composition and Task.

v) The name, age, nationality, background employment record, and professional experience of each nominated expert including ongoing projects, with particular reference to the type of experience required for the tasks assigned should be presented in the CV format shown in TPF 6. Format of Curriculum Vitae (CV) for Proposed Professional Staff. Only one duly notarized CV for each consultant involved in the Project may be submitted for each position.

vi) The Procuring Entity requires that each expert confirm that the content of its CV is correct, and the experts themselves should sign the certification of the CV. In addition, the expert should submit a signed written commitment stating that the expert shall work for the Project once awarded the contract. A zero rating shall be given to a nominated expert if the expert:

1. is proposed for a domestic position but is not a Filipino citizen;
2. failed to state nationality on the CV; or
3. the CV is not signed in accordance with paragraph (v) above.

vii) A Time Schedule (TPF 7. Time Schedule for Professional Personnel) indicating clearly the estimated duration in terms of person-months (shown separately for work in the field and in the home office) and the proposed timing of each input for each nominated expert, including domestic experts, if required, using the format shown. The schedule shall also indicate when experts are working in the project office and when they are working at locations away from the project office.

viii) 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 using TPF 8. Activity (Work) Schedule.

e) Omnibus Sworn statement and using the form prescribed in Section VII. Philippine Bidding Document .

13) Documents Comprising the Bid: Financial Proposal

13.1 All information provided in the Consultant's Financial Proposal shall be treated as confidential. The Financial Proposal must be submitted manually or through online submission using the format shown in the Financial Proposal Forms.

13.2 The Financial Proposal requires the completion of six (6) forms, particularly FPF 1, FPF 2, FPF 3, FPF 4, FPF 5, and FPF 6. FPF 1. Financial Proposal Submission Form should form the covering letter of the Financial Proposal. Form FPF 2. Summary of Costs FPF 3. Breakdown of Price per Activity, FPF 4. Breakdown of Remuneration per Activity, FPF 5. Reimbursables per Activity, and FPF 6. Miscellaneous Expenses, relate to the costs of Consulting Services under two distinct categories, namely: (a) Remuneration; and (b) Reimbursable Expenditures.

13.3 Remuneration is divided into billing rate estimates for international and domestic consultants. Reimbursable expenditures are divided into per diem rates for international and domestic consultants and costs for other reimbursable expenditure items required to perform the Consulting Services.

13.4 The list of experts and their respective inputs, identified in Financial Proposal Forms, must match the list of experts and their respective inputs shown in Technical Proposal Forms.

13.5 The Consultant shall be subject to Philippine taxes on amounts payable by the Procuring Entity under the contract through mandated withholding by local tax authorities of specified percentages of such amounts or otherwise. The BDS details the taxes payable.

13.6 The Financial Proposal should clearly estimate, as a separate amount, the local taxes (including social security), duties, fees, levies, and other charges imposed under the applicable law, on the Consultants, and its personnel (other than Philippine Nationals or permanent residents of the Philippines).

13.7 Unless otherwise provided in the BDS, total calculated bid prices, as evaluated and corrected for minor arithmetical corrections, such as computational errors, which exceed the ABC, shall not be considered.

14) Bid Currencies

14.1 All bid prices shall be quoted in Philippine Peso unless otherwise provided in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies, which shall be tradeable or acceptable by the Bangko Sentral ng Pilipinas (BSP), shall be converted to Philippine currency based on the exchange rate prevailing on the day of the bid opening.

14.2 If so allowed in accordance with ITB Clause 14.1, the Procuring Entity, for purposes of bid evaluation and comparing the bid prices, will convert the amounts in various currencies in which the bid price is expressed to Philippine Peso at the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening.

14.3 Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Peso.

15) Bid Validity

15.1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids.

15.2 Should it become necessary to extend the validity of the bids and the bid securities beyond one hundred twenty (120) calendar days, the Procuring Entity concerned shall request in writing all those who submitted bids for such extension before the expiration date therefor. The bid security described in ITB Clause 16 should also be extended corresponding to the extension of the bid validity period at the least. Consultants, however, shall have the right to refuse to grant such extension without forfeiting their bid security. A Consultant granting the request shall not be required or permitted to modify its bid.

16) Bid Security

16.1 The Consultant, at its option, shall submit a bid security in the form and amount as stated in the BDS, which may include the following:

Form of Bid Security Amount of Bid Security
(Not less than the required
percentage of the ABC)
a) Cash or cashier’s or manager’s check issued by a bank.

For biddings conducted by LGUs, the Cashier’s or Manager’s check may be issued by other banks certified by the BSP as authorized to issue such financial instrument.
Two Percent (2%)
b) Bank draft/guarantee or irrevocable Letter of Credit issued by a bank: Provided, however, that it shall be confirmed or authenticated by a local bank, if issued by a foreign bank.

For biddings conducted by LGUs, Bank Draft/Guarantee, or Irrevocable Letter of Credit may be issued by other banks certified by the BSP as authorized to issue such financial instrument. Five Percent (5%)
c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.
Five Percent (5%)
d) Bid Securing Declaration
Percentage not applicable

The bid security shall be denominated in Philippine Peso and posted in favor of the Procuring Entity.

16.2 The bid security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security shall be considered as non-responsive and rejected by the Procuring Entity.

16.3 In no case shall the bid security be returned later than the expiration of the bid validity period indicated in the Bidding Documents, unless it has been extended in accordance with Section 57.2 of the IRR. In case the Consultant is required to extend its bid validity for grounds as provided in the IRR, the Consultant may, at its discretion, substitute a Bid Securing Declaration for the extended period as a replacement for its bid security; Provided, That the option to substitute is indicated in the BDS.

16.4 Upon signing and execution of the contract pursuant to ITB Clause 32, and the posting of the performance security pursuant to ITB Clause 33, the bid security of the successful Consultant will be discharged, but in no case later than its validity period as indicated in ITB Clause 16.2.

16.5 The bid security may be forfeited based on any of the following grounds, as provided under Rule VIII, X, XI, and XXI of the IRR:

a) if the Consultant:

i) Withdraws its bid during the period of bid validity specified in ITB Clause 15.2;

ii) Does not accept the correction of errors pursuant to ITB Clause 13.7;

iii) Has a finding against the veracity of any of the documents submitted as stated in ITB Clause 28.2;

iv) Submits eligibility requirements containing false information or falsified documents;

v) Submits bids that contain false information or falsified documents, or the concealment of such information in the bids to influence the outcome of eligibility screening or any other stage of the public bidding;

vi) Allows the use of one’s name, or uses the name of another for purposes of participating in any procurement activity;

vii) Enters into an agreement with other bidder/s which call upon one to refrain from bidding for procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure an undue advantage to any of the bidders;

viii) Refuses or fails to post the required performance security within the prescribed time;

ix) Refuses to clarify or validate in writing its bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification;

x) Has any documented attempt by a Bidder to unduly influence the outcome of the bidding in its favor;

xi) Commits other acts that tend to defeat the purpose of the Competitive Bidding, Competitive Dialogue, Unsolicited Offer with Bid Matching, and Limited Source Bidding, such as habitually withdrawing from bidding or submitting late bids or patently insufficient bids, for at least three (3) times within a year, except for valid reasons; or

b) if the winning Consultant:

i) Fails to sign the contract in accordance with ITB Clause 32;

ii) Fails to furnish performance security in accordance with ITB Clause 33; or

iii) Any other reason stated in the BDS.

17) Format and Signing of Bids

17.1 Consultants shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VII. PBD Related Forms on or before the deadline specified in the ITB Clause 19 in two (2) separate sealed bid envelopes which shall be submitted simultaneously, whether through manual or online submission. The first shall contain the technical proposal, including the eligibility requirements, and the second shall contain the financial proposal.

17.2 Forms as mentioned in ITB Clause 17.1 must be completed without any alterations to their format, and no substitute form shall be accepted.

17.3 Each and every page of the Technical Proposal Submission Form and the Financial Proposal Submission Form under Section VII hereof shall be signed by the duly authorized representative/s of the Consultant. Failure to do so shall be a ground for the rejection of the bid.

17.4 Any insertions, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Consultant.

18) Sealing and Marking of Bids

18.1 Consultants shall enclose their technical proposal, described in ITB Clause 12, in a sealed envelope marked “TECHNICAL PROPOSAL”, and the financial proposal in another sealed envelope marked “FINANCIAL PROPOSAL”, sealing them all in an outer envelope marked “BID”.

18.2 The bid as indicated in the BDS shall be typed or written in ink and shall be signed by the Consultant or its duly authorized representative/s.

18.3 All envelopes shall:

a) contain the name of the contract to be bid in capital letters;

b) bear the name and address of the Consultant in capital letters;

c) be addressed to the Procuring Entity’s BAC in accordance with ITB Clause 18;

d) bear the specific identification of this bidding process indicated in the ITB Clause 1.1; and

e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of bids, in accordance with ITB Clause 19.

18.4 For manually submitted bid envelopes that are not properly sealed and marked as required in the Bidding Documents, the same shall be accepted; Provided, That the Consultant or its duly authorized representative shall acknowledge such condition of the bid as submitted. On the other hand, unsealed or unmarked bid envelopes, or bids that cannot be opened or corrupted in case of online submission, shall be rejected.

The BAC shall assume no responsibility for misplaced or lost contents of the improperly sealed or marked bid, or for its premature opening.

D. Submission and Opening of Bids

19) Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address indicated in the Request for Expression of Interest or through the e-bidding facility of the PhilGEPS on or before the date and time indicated in the BDS.

20) Late Bids

Bids, including the eligibility requirements, submitted after the deadline shall be rejected by the BAC. The BAC shall record in the Minutes of the Meeting the submission and opening of bids, the Consultant’s name, its representative, and the time the late bid was submitted.

21) Modification and Withdrawal of Bids

21.1 Consultants may modify their bids before the deadline for the submission and receipt of bids.

a) For manual submission and receipt of bids, the Consultants shall not be allowed to retrieve their original bid but shall only be allowed to submit the bid modification by sending another bid, equally sealed, properly identified, linked to their original bid, and marked as a “modification” thereof, and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Consultant unopened.

b) For online submission of bids, the Consultants shall not be allowed to retrieve their original bid but shall only be allowed to submit the bid modification, modify their bid, they shall not be allowed to retrieve their original bid equally secured, properly identified labelled as a “modification” of the one previously submitted. The time indicated in the latest bid receipt page generated shall be the official time of submission. Bids modification submitted after the applicable deadline shall not be accepted.

21.2 Consultants may withdraw their bids in writing before the deadline for submission and receipt of bids. Withdrawal of bids after the applicable deadline shall be subject to appropriate sanctions as prescribed in the IRR.

Consultants may also express their intention not to participate in the bidding in writing, which should be received by the BAC before the deadline for submission and receipt of bids. Consultants that withdraw their bids shall no longer be allowed to submit another bid for the same contract, directly or indirectly.

21.3 No bid may be modified after the deadline for submission and receipt of bids. Further, no bid may be withdrawn in the interval between the deadline for submission and receipt of bids, and the expiration of bid validity specified by the Consultant on the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Consultant’s bid security, pursuant to ITB Clause 16.5, and the imposition of administrative sanctions as prescribed by RA No. 12009 and without prejudice to the imposition of civil and criminal sanctions as provided under applicable laws.

21.4 Consultants participating in more than one bid or associating with any other entity other than those already provided in its short-listing documents and allowed by the Procuring Entity shall be disqualified.

E. Evaluation and Comparison of Bids

22) Opening and Preliminary Examination of Bids

22.1 Only bids from short-listed Consultants shall be opened and considered for award of contract. These short-listed Consultants, whether single entities or JVs, should confirm in their Technical Proposal Submission Form that the information contained in the submitted short-listed documents remains correct as of the date of bid submission.

22.2 The BAC shall open the bids in public, immediately after the deadline for submission and receipt of bids, as specified in the BDS. In case the bids cannot be opened as scheduled due to justifiable reasons, the BAC shall take custody of the submitted bids and reschedule the opening of bids on the next working day or at the soonest possible time, through the issuance of a notice of postponement to be posted on the PhilGEPS website and the website of the Procuring Entity concerned.

22.3 All technical envelopes shall be resealed. Those rated “passed” shall be secured for the detailed technical bid evaluation, while those rated “failed” will be secured for purposes of possible filing of a request for reconsideration unless the Consultant waives its right to file a request for reconsideration, in which case, the envelope shall be returned to the Consultant immediately.

22.4 The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Consultants, their bid price (per lot, if applicable, and/or including discount, if any), bid security, findings of preliminary examination, and whether there is a withdrawal or modification; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read.

22.5 The Consultants or their duly authorized representatives may attend the opening of bids. The BAC shall ensure the integrity, security, and confidentiality of all submitted bids. The Abstract of Bids, as read, and the minutes of the bid opening shall be made available to the public, upon written request and payment of a specified fee to recover the cost of materials.

23) Process to be Confidential

23.1 The members of the BAC, its staff and personnel, the BAC Secretariat, and the TWG, as well as the Observers, are prohibited from making or accepting any communication with any Consultant regarding the evaluation of their bids until the approval by the HoPE of the ranking of short-listed Consultants, unless otherwise allowed in the BDS or in the case of ITB Clause 23.

23.2 Any effort by a bidder to influence the Procuring Entity in the Procuring Entity’s decision in respect of bid evaluation, bid comparison, or contract award will result in the rejection of the bid.

24) Clarification of Bids

From submission and receipt of bids until the approval by the HoPE of the ranking of short-listed bidders, those that have submitted their bids are prohibited from making any communication with any BAC member, including its staff and personnel, as well as its Secretariat and TWG, regarding matters connected to their bids. However, the BAC, through its Secretariat, may ask the Consultant in writing for clarification of its bid. All responses to requests for clarification shall be in writing.

25) Bid Evaluation

25.1 For the evaluation of bids, numerical ratings shall be used to determine the Highest Rated Bid (HRB). In order to eliminate bias in evaluating the bids, it is recommended that the highest and lowest scores for each Consultant for each criterion shall not be considered in determining the average scores of the Consultants, except when the evaluation is conducted in a collegial manner.

25.2 For complex or unique undertakings, such as those involving new concepts or technology, or financial advisory services, participating short-listed Consultants may be required, at the option of the Procuring Entity concerned, to make an oral presentation to be presented by each Consultant, or its nominated Project Manager or head, in case of consulting firms, within fifteen (15) calendar days after the deadline for submission of Technical Proposals.

25.3 The entire evaluation process, including the submission of the results thereof to the HoPE for approval, shall be completed in not more than twenty-one (21) calendar days after the deadline for receipt of proposals. The bid with the highest rank shall be identified as the HRB. The HoPE shall approve or disapprove the recommendations of the BAC within two (2) calendar days after receipt of the results of the evaluation from the BAC.

25.4 All participating short-listed Consultants shall be furnished with the results of the evaluation, which shall reflect the ranking and total scores only, after the approval of the HoPE of the ranking. Said results shall also be posted in the PhilGEPS and the website of the Procuring Entity, if available, for a period of not less than seven (7) calendar days.

26) Evaluation of Technical Proposal

26.1 The BAC shall then conduct a detailed evaluation of technical proposal following the procedures specified in the BDS depending on the evaluation procedure identified in the Request for Expression of Interest and ITB Clause 1.1.

26.2 The BAC evaluates the Technical Proposals on the basis of their compliance with the requirements under ITB Clause 12 and responsiveness to the TOR using the following criteria:

a) Quality of personnel to be assigned to the Project, which covers the suitability of key staff to perform the duties of the particular assignments, and general qualifications and competence including education and training of the key staff;

b) Experience and capability of the Consultant which include records of previous engagement and quality of performance in similar and in other projects; relationship with previous and current clients; and, overall work commitments, geographical distribution of current or impending projects and attention to be given by the Consultant. The experience of the Consultant to the Project shall consider both the overall experiences of the firm and the individual experiences of the principal and key staff including the times when employed by other consultants; and

c) Plan of approach and methodology with emphasis on the clarity, feasibility, innovativeness and comprehensiveness of the plan of approach, and the quality of interpretation of project problems, risks, and suggested solutions.

26.3 The BAC shall assign numerical weights, and the minimum required technical score to each of the above criteria which shall be indicated in the BDS. A Bid shall be rejected at this stage if it does not respond to important aspects of the TOR or if it fails to achieve the minimum Technical Score (St) indicated in the BDS.

26.4 Technical Proposals shall not be considered for evaluation in any of the following cases:

a) late submission, i.e., after the deadline set in the ITB Clause 19);
b) failure to submit any of the technical requirements provided under this ITB and TOR;
c) the Consultant that submitted a bid or the Consultant that submitted a bid or any of its partners belongs to one of the conflict of interest cases as described in ITB Clauses 5.1(a) to (i) and failed to make a proper statement to that effect in the cover letter; or
d) the Technical Proposal included any cost of the services.

27) Opening and Evaluation of Financial Proposals

27.1 Financial Proposals shall be opened on the date indicated in the BDS.

27.2 The Financial Proposals opened shall be evaluated based on the evaluation procedure indicated in ITB Clause 1.1 using the corresponding procedure provided in the BDS.

28) Negotiations

28.1 Negotiations with the Consultant that submitted the HRB shall be held at the address indicated in the BDS. The aim is to reach agreement on all points.

28.2 Negotiations shall cover the following:

a) Discussion and clarification of the TOR and Scope of Services;
b) Discussion and finalization of the methodology and work program proposed by the Consultant;
c) Consideration of appropriateness of qualifications and pertinent compensation, number of man-months and the personnel to be assigned to the job, taking note of over-qualified personnel to be commensurate with the compensation of personnel with the appropriate qualifications, number of man-months and schedule of activities (manning schedule);
d) Discussion on the services, facilities, and data, if any, to be provided by Procuring Entity concerned;
e) Unless otherwise indicated in the BDS, discussion on the Financial Proposal submitted by the Consultant; and
f) Provision of the contract.

Except for meritorious reasons, negotiations with the Consultant shall be completed within ten (10) calendar days.

28.3 Having selected the Consultant on the basis of, among other things, an evaluation of the proposed key professional staff, the Procuring Entity expects to negotiate a contract on the basis of the experts named in the bid. Before contract negotiations, the Procuring Entity shall require assurances that the experts shall be actually available. There should be no replacement of key personnel before the awarding of contract, except for any delay caused by the Procuring Entity, or for justifiable reason as may be determined by the BAC, such as, illness, death, or resignation; Provided, That it is duly supported by relevant certificates. The BAC shall immediately consider negotiation with the next-ranked consultant if an unjustifiable replacement of personnel by the first ranked firm is made. Once the contract has awarded, no replacement shall be allowed by the HoPE until after fifty percent (50%) of the personnel’s man-months have been served, except for justifiable reasons as may be determined by the Procuring Entity. Violators shall be fined an amount equal to the refund of the replaced personnel’s basic rate, which should be at least fifty percent (50%) of the total basic rate for the duration of the engagement.

28.4 Negotiations shall include a discussion of the technical proposal, the proposed methodology (work plan), staffing and any suggestions made by the Consultant to improve the TOR. The Procuring Entity and Consultant shall then work out the final TOR, staffing, and bar charts indicating activities, staff, periods in the field and in the home office, staff-months, logistics, and reporting. The agreed work plan and final TOR shall then be incorporated in Appendix I and form part of the contract. Special attention shall be made to maximizing the value offered by the Consultant within the available budget and to clearly defining the input required by the Procuring Entity to ensure satisfactory implementation of the Project.

28.5 The amount indicated in the financial proposal shall be made as the basis for negotiations and the total contract amount shall not exceed the amount indicated in the financial proposal and the ABC as stated in the Bidding Documents” for quality-based evaluation procedure.

28.6 The financial negotiations shall include a clarification of the Consultant’s tax liability in the Philippines, if any, and the manner in which it shall be reflected in the contract; and shall reflect the agreed technical modifications in the cost of the services. The negotiations shall conclude with a review of the draft form of the contract. To complete negotiations, the Procuring Entity and the Consultant shall affix their initials in the agreed contract. If negotiations fail, the Procuring Entity shall invite the Consultant whose bid received the second highest score to negotiate a contract. If negotiations still fail, the Procuring Entity shall repeat the process for the next-in-rank Consultant until the negotiation is successfully completed.

29) Post-Qualification

29.1 The BAC shall determine to its satisfaction whether the Consultant that is evaluated as having submitted the HRB complies with and is responsive to all the requirements and conditions specified in the Short-listing Documents and ITB Clauses 12 and 13. The Consultant, within five (5) calendar days from receipt of notice from the BAC that it submitted the HRB, shall submit all the eligibility documents supporting its PhilGEPS Certificate of Registration (Platinum Membership), its latest income and business tax returns filed for the preceding quarter which should not be earlier than two (2) quarters from the date of submission and receipt of bid, and other appropriate licenses and permits required by law and stated in the BDS.

29.2 Failure to submit any of the post-qualification requirements on time, or a finding against the veracity thereof, shall disqualify the Consultant for award; Provided, That in the event that a finding against the veracity of any of the documents submitted is made, it shall cause the forfeiture of the bid security.

29.3 During post-qualification, the BAC shall verify and validate the veracity, authenticity, and validity of all the eligibility documents supporting the PhilGEPS Certificate of Registration (Platinum Membership), and all the other statements made, and documents submitted by the Consultant with the HRB, using non-discretionary criteria, as stated in the Bidding Documents.

29.4 The determination shall be based upon an examination of the documentary evidence of the Consultant’s qualifications submitted pursuant to ITB Clauses 12 and 13, as well as other information as the Procuring Entity deems necessary and appropriate, using a non-discretionary “pass/fail” criterion, which shall be completed within a period of twelve (12) calendar days from the completion of the negotiation with the Consultant that submitted the HRB. In exceptional cases, the post-qualification period may be extended by the HoPE, but in no case shall it exceed thirty (30) calendar days.

29.5 If the BAC determines that the Consultant with the HRB passes all the criteria for post-qualification, it shall declare the said bid as the Consultant with the HRRB and recommend to the HoPE the award of contract to the said Bidder at bid price or its negotiated price, whichever is lower, and subject to compliance with ITB Clause 31.3.

29.6 If the BAC determines that the bidder with the HRB fails the criteria for post-qualification, it shall immediately notify the said bidder in writing of its post-disqualification and the grounds for it.

29.7 Immediately after the BAC has notified the first Consultant of its post-disqualification, and notwithstanding any pending request for reconsideration thereof, the BAC shall initiate and complete the same post-qualification process on the Consultant with the second HRB. If the second Consultant passes the post-qualification and provided that the request for reconsideration of the first Consultant has been denied, the second Consultant shall be post-qualified as the Consultant with the HRB. If the second Consultant, however, fails the post-qualification, the procedure for post-qualification shall be repeated for the Consultant with the next HRB, and so on, until the HRRB is determined for award, subject to the procedure of Notice and Execution of Award.

In case of post-disqualification of the Consultant with the HRB, the BAC shall be given the same fresh period to conduct the post-qualification of the next HRB until a Consultant is post-qualified or failure of bidding is declared based on Section 64 of the IRR.

29.8 Within a period not exceeding ten (10) calendar days from the determination by the BAC of the HRRB and the recommendation of the award, the HoPE or its duly authorized representative shall approve or disapprove the said recommendation.

29.9 In case of approval, HoPE or its duly authorized representative shall immediately issue the Notice of Award to the Consultant with the HRRB.

In the event that the approving authority shall disapprove the resolution on the award of the contract, such disapproval shall be based only on valid, reasonable, and justifiable grounds as enumerated under Section 70 of the IRR to be expressed in writing. A copy of the decision disapproving the resolution shall be furnished to the BAC and the Consultant. A request for reconsideration may filed by the Consultant with the HoPE within three (3) calendar days from receipt of the notice of disapproval. The HoPE shall resolve with finality the request for reconsideration within seven (7) calendar days from the filing thereof and furnish the bidder a copy of the resolution immediately from its promulgation. In no case shall the request for reconsideration stay or delay the bidding process. However, the request for reconsideration must first be resolved before any award is made.

30) Reservation Clause

30.1 Notwithstanding the eligibility, short-listing, or post-qualification of a Consultant and without incurring any liability, the HoPE or its duly authorized representative at any stage of the procurement, reserves the right to review its qualifications, reject any and all bids, declare a failure of bidding or not award the contract in the following situations:

a) If it has reasonable grounds to believe that a misrepresentation has been made by the said Consultant, or that there has been a change in the Consultant’s capability to undertake this Project from the time it submitted its eligibility requirements.

b) Should such review uncover any misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Consultant which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Consultant as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract.

30.2 Based on the following grounds, the HoPE or its duly authorized representative reserves the right to reject any and all bids, declare a failure of bidding 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 bidding:

a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition or influences or tends to influence the bidding process;

b) If the BAC is found to have failed in complying with the law or in following the prescribed bidding procedures; or

c) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government, in instances where (i) 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 HoPE; (ii) the project is no longer necessary as determined by the HoPE; and (iii) the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.

F. Award of Contract

31) Contract Award

31.1 Subject to ITB Clause 29, the HoPE or its authorized representative shall award the contract to the Consultant whose bid has been determined to be the HRRB.

31.2 Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful Consultant in writing that its bid has been accepted, through a Notice of Award duly received by the Consultant or its authorized representative personally or by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Consultant with the HRRB and submitted personally or sent by registered mail or electronically to the Procuring Entity.

31.3 Within ten (10) calendar days from receipt by the winning Consultant of the Notice of Award, the following conditions should be complied with before the contract may be awarded:

a) Submission of the following documents:

i) Valid JVA, if applicable; or

ii) SEC Certificate of Registration of the foreign corporation, or the SEC Certificate of Registration of the foreign consulting firm, and/or the authorization or license issued by the appropriate government agency or professional regulatory body of the foreign professionals engaging in the practice of regulated professions and allied professions, where applicable.

b) Posting of the performance security in accordance with ITB Clause 33;

c) Signing of the contract as provided in ITB Clause 32.

32) Signing of the Contract

32.1 Within ten (10) calendar days from receipt of the Notice of Award, the winning Consultant shall post the required performance security, and sign and date the contract and return it to the Procuring Entity.

32.2 The Procuring Entity shall enter into contract with the successful Consultant within the same ten (10) calendar day period provided that all the documentary requirements are complied with.

32.3 The following documents shall form part of the contract:

a) Contract Agreement;

b) Bidding Documents;

c) Winning Consultant’s bid, including the Technical and Financial Proposals, and all other documents/statements submitted (e.g., Consultant’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation;

d) Performance Security;

e) Notice of Award of Contract; and

f) Other contract documents that may be required by existing laws and/or specified in the BDS.

33) Performance Security

33.1 To guarantee the faithful performance of its obligations under the contract, the winning Consultant shall post a performance security, prior to the signing of the contract. Furthermore, the winning Consultant shall be required to update the performance security posted prior to the issuance of a contract amendment, if any.

33.2 Sectors enumerated under Section 76.1 of the IRR are allowed to post a Performance Securing Declaration (PSD) as specified in the BDS.

33.3 The performance security shall be in the form selected by the Procuring Entity in the amount indicated in the BDS, which shall not be less than the percentage of the total contract price in accordance with the following schedule:

Form of Performance Security Amount of Performance Security
(Not less the Percentage of the Total Contract Price)

a) Cash or cashier’s/manager’s check issued by a bank;

For biddings conducted by LGUs, the cashier’s or manager’s check may be issued by other banks certified by the BSP as authorized to issue such financial instrument.
Five percent (5%)
b) Bank draft or guarantee or irrevocable Letter of Credit issued by a bank. If issued by a foreign bank, it shall be confirmed or authenticated by a local bank.

c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.
Thirty percent (30%)

33.4 The performance security shall be denominated in Philippine Peso and posted in favor of the Procuring Entity, which shall be forfeited in the event it is established that the winning Consultant is in default in any of its obligations under the contract.

34) Notice to Proceed

The Procuring Entity shall issue the Notice to Proceed to the winning Consultant not later than three (3) calendar days from the date of approval of the contract by the appropriate signatories. All notices called for by the terms of the contract shall be effective only at the time of receipt thereof by the successful Consultant.

35) Protest Mechanism

Decision of the BAC in all stages of procurement may be protested to the HoPE in accordance with Section 83 of the IRR.

Section III. Bid Data Sheet

Notes on the Bid Data Sheet

Section III is intended to assist the Procuring Entity in providing the specific information in relation to corresponding clauses in the ITB included in Section II and has to be prepared for each specific procurement.

The Procuring Entity should specify in the BDS information and requirements specific to the circumstances of the Procuring Entity, the processing of the procurement, the applicable rules regarding bid price and currency, and the bid evaluation criteria that will apply to the bids. In preparing Section III, the following aspects should be checked:

a) Information that specifies and complements the provisions of Section II must be incorporated.

b) Amendments and/or supplements, if any, to provisions of Section II as necessitated by the circumstances of the specific procurement, must also be incorporated.

Bid Data Sheet

ITB Clause
1.1 The Procuring Entity is the Human Settlements Adjudication Commission (HSAC).

The evaluation procedure is Quality Cost Based Evaluation/Selection (QCBE/QCBS).

The identification number of the Contract is REI-CO-26-01.
1.2 In pursuance of HSAC’s Strategic Objective and CY 2026 Thrust on the Expansion of the Coverage of ISO 9001:2015 Certification of its QMS, this project aims to facilitate the Certification of the Central Office, RAB NCR, and RAB IV-B, and to include the fourteen (14) remaining RABs, namely CAR, I, II, III, IV-A, V, VI, VII, VIII, IX, X, XI, XII, and XIII, within the scope of certification. It shall include at least one (1) Surveillance Audit each for two (2) consecutive years after the issuance of the Certificate of Registration or its equivalent.
1.3 The Project shall not be phased.
2 The Funding Source is the Government of the Philippines (GoP) through the authorized appropriations under the Fiscal Year (FY) 2025 General Appropriations Act or Republic Act (RA) No. 12116, and Department of Budget and Management (DBM) National Budget Circular (NBC) No. 599, s. 2026, or the Guidelines on the Release of Funds for FY 2026, in the amount of Three Million Eight Hundred Sixty-Four Thousand Eight Hundred Pesos (Php3,864,800.00) being the ABC.
4.1 No further instructions.
8 No further instructions.
9.1 The Procuring Entity will hold a pre-bid conference for this Project on 16 June 2026 at 9F Legal Service Conference Room, HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.
10.1 The Procuring Entity’s address is:

The HSAC BAC Secretariat
Procurement Section, General Services Division – Administrative Service
6F HLURB Building, Kalayaan Avenue corner Mayaman Street
Diliman, Quezon City
Email Address: bacsec.hsac@gmail.com
Trunkline: (02) 8727-4722
Website: https://hsac.gov.ph

12.1(b) Not applicable.
12.1(c) The minimum required experience of proposed professional staff is as follows:

Audit Team Leader Audit Team Member
Certification as a Lead Auditor for ISO 9001:2015 Certification as an Auditor for ISO 9001:2015
Minimum of ten (10) years of experience in leading ISO 9001 audits in both private and government institutions Minimum of five (5) years of experience in conducting ISO 9001 audits in both private and government institutions
At least ten (10) years of hands-on experience in auditing government services At least five (5) years hands-on experience in auditing government services
The team leader must have experience auditing at least one (1) judicial or one (1) quasi-judicial agency. Each team member must have experience auditing at least one (1) judicial or one (1) quasi-judicial agency.
Completion of at least a Master’s Degree relevant to management, public administration, industrial engineering, and/or other related fields Completion of at least a Bachelor’s Degree relevant to management, public administration, industrial engineering, and/or other related fields
Proficient in ISO 9001:2015 standards, principles, and practices Knowledgeable in ISO 9001:2015 standards, principles, and practices
Proficient in developing audit programs, preparing audit plans, and implementing audit schedules
Keen attention to detail in identifying non-conformities and areas for improvement and in providing recommendations for continual improvement Keen attention to detail in identifying non-conformities and areas for improvement and in providing recommendations for continual improvement
Proficient in using relevant tools and technologies necessary for data collection, analysis, and reporting Proficient in using relevant tools and technologies necessary for data collection, analysis, and reporting
Proven ability to lead and manage audit teams effectively Clear and concise in documenting findings
Excellent verbal and written communication skills for effective reporting of audit results Able to communicate information clearly and effectively to the auditees
Able to handle conflicts and maintain professional interaction with auditees

13.5 Taxes: All proposals shall be inclusive of 12% Value-Added Tax and all other standard and applicable government taxes.
13.7 The ABC is Three Million Eight Hundred Sixty-Four Thousand Eight Hundred Pesos (Php3,864,800.00). Any bid with a financial component exceeding this amount shall not be accepted.
14.1 The bid prices shall be quoted in Philippine Peso.
14.3 No further instructions.
15.1 Bids will be valid for 120 calendar days from bid opening.
16.1 The Bid Security shall be in the form of a Bid Securing Declaration, or the Bidder, at its option, may submit a bid security in the form that includes the following:
1. The amount of not less than Php200,000.00, if bid security is irrevocable LoC; or
2. The amount of not less than Php200,00.00, if bid security is Surety Bond.

16.2 The bid security shall be valid until 27 October 2026.
16.3 In case of extension of bid validity and bid security validity period, substitution of the bid security form is allowed. Bid Securing Declaration and the following forms may be used:

a) Cash or Cashier’s or Manager’s Check issued by a bank.
b) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security.
16.5(b)(iii) No further instructions.
18.2 No further instructions.
18.3 For uniformity and to ensure the integrity of the bids submitted during its Opening, the Technical Proposal and Financial Proposal shall be sealed in separate envelopes. The illustration of the sealing and marking of envelopes are found in Annex “B” on page 167.
19 The address for the submission of bids is 6F HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.

The deadline for the submission of bids is 09:30am on 29 June 2026.
22.2 The place of the bid opening is 9F Legal Service Conference Room, HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.

The date and time of bid opening is on 29 June 2026 at 10:00am.
23.1 No further instructions.
26.1 The following processes for the opening and evaluation of bids shall be adopted:

a) The technical proposal together with the financial proposal shall be considered in the ranking of consultants. The technical proposals shall be evaluated first using the criteria in ITB Clause 26.2. The financial proposals of the consultants who meet the minimum technical score shall then be opened.

b) The financial and technical proposals shall be given corresponding weights with the financial proposal given a minimum weight of fifteen percent (15%) up to a maximum of forty percent (40%). The weight of the technical criteria shall be adjusted accordingly such that their total weight in percent together with the weight given to the financial proposal shall add to one hundred percent (100%). The exact weights shall be approved by the HoPE upon the recommendation of the BAC and indicated in the Bidding Documents. The BAC shall rank the consultants in descending order based on the combined numerical ratings of their technical and financial proposals and identify the HRB.

c) The HoPE shall approve or disapprove the recommendations of the BAC within two (2) calendar days after receipt of the results of the evaluation from the BAC.

d) After approval by the HoPE of the HRB, the BAC shall, within three (3) calendar days, notify and invite the Consultant with the HRB for negotiation in accordance with ITB Clause 28.

26.3 The numerical weight and the minimum required St for each criterion are as follows:

Criteria Rating
Experience and Capability of the CB 40%
Qualification of the Audit Team 40%
Plan of Approach and Methodology 20%
Total 100%

The minimum St required to pass is 70 points.

The attention of the Consultant is drawn to Technical Proposal Forms – Bids must adhere to the maximum number of pages outlined in Clause 12.2.
27.1 The opening of Financial Proposals shall be on 13 July 2026, 10:00am at the 9F Legal Service Conference Room, HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.

Financial Proposals shall be opened in public.
27.2 The Financial Proposals shall be evaluated using the Quality Cost Based Evaluation/Quality Cost Based Selection (QCBE/QCBS) procedure:

After the evaluation of quality is completed, the Procuring Entity shall notify those Consultants whose bids did not meet the minimum qualifying mark or were considered non-responsive to the Bidding Documents and TOR, indicating that their Financial Proposals shall be returned unopened after completing the selection process. The Procuring Entity shall simultaneously notify the Consultants that have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals. The opening date shall not be sooner than two (2) weeks after the notification date unless otherwise specified in ITB Clause 27.1. The notification may be sent by registered letter, facsimile, or electronic mail.

The Financial Proposals shall be opened publicly in the presence of the Consultants’ representatives who choose to attend. The name of the Consultant, the quality scores, and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Procuring Entity shall prepare minutes of the public opening.

The BAC shall determine whether the Financial Proposals are complete, i.e., whether all the documents mentioned in ITB Clause 13 are present and all items of the corresponding Technical Proposals that are required to be priced are so priced. If not, the Procuring Entity shall reject the proposal. The BAC shall correct any computational errors and convert prices in various currencies to the Philippine Peso at the rate indicated in ITB Clause 14. The Financial Proposal shall not exceed the ABC and shall be deemed to include the cost of all taxes, duties, fees, levies, and other charges imposed under the applicable laws. The evaluation shall include all such taxes, duties, fees, levies, and other charges imposed under the applicable laws; where special tax privileges are granted to a particular class or nationality of Consultant by virtue of the GoP’s international commitments, the amount of such tax privileges shall be included in the Financial Proposal for purposes of comparative evaluation of bids.

The lowest Financial Proposal (Fl) shall be given a Financial Score (Sf) of 100 points. The Sf of other Financial Proposals shall be computed based on the formula indicated below:

Sf = 100 Í Fl/F
Where:
Sf is the financial score of the Financial Proposal under consideration,
Fl is the lowest Financial Proposal, and
F is the Financial Proposal under consideration.

Using the formula S = St Í T% + Sf Í F%, the bids shall then be ranked according to their combined St and Sf using the weights (St is the technical score of the Technical Proposal under consideration; T = the weight given to the Technical Proposal; F = the weight given to the Financial Proposal; T + F = 1) indicated below:

T _________ [0.85]; and
F _________ [0.15];

provided that the total weights given to the Technical and Financial Proposals shall add up to 1.0.

Using Quality Cost Based Evaluation/Quality Cost Based Selection (QCBE/QCBS):

After the evaluation of quality is completed, the Procuring Entity shall notify those Consultants whose bids did not meet the minimum qualifying mark or were considered non-responsive to the Bidding Documents and TOR, indicating that their Financial Proposals shall be returned unopened after completing the selection process. The Procuring Entity shall simultaneously notify the Consultants that have secured the minimum qualifying mark, indicating the date and time set for opening the Financial Proposals. The opening date shall not be sooner than two (2) weeks after the notification date unless otherwise specified in ITB Clause 27.1. The notification may be sent by registered letter, facsimile, or electronic mail.

The Financial Proposals shall be opened publicly in the presence of the Consultants’ representatives who choose to attend. The name of the Consultant, the quality scores, and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Procuring Entity shall prepare minutes of the public opening.

The BAC shall determine whether the Financial Proposals are complete, i.e., whether all the documents mentioned in ITB Clause 13 are present and all items of the corresponding Technical Proposals that are required to be priced are so priced. If not, the Procuring Entity shall reject the bid. The BAC shall correct any computational errors and convert prices in various currencies to the Philippine Peso at the rate indicated in ITB Clause 14. The Financial Proposal shall be deemed to include the cost of all taxes, duties, fees, levies, and other charges imposed under the applicable laws. The evaluation shall include all such taxes, duties, fees, levies, and other charges imposed under the applicable laws; where special tax privileges are granted to a particular class or nationality of the Consultant by virtue of the GoP’s international commitments, the amount of such tax privileges shall be included in the Financial Proposal for purposes of comparative evaluation of bids.

The lowest Financial Proposal (Fl) shall be given a Financial Score (Sf) of 100 points. The Sf of other Financial Proposals shall be computed based on the formula indicated below:

Sf = 100 Í Fl/F
Where:
Sf is the financial score of the Financial Proposal under consideration,
Fl is the lowest Financial Proposal, and
F is the Financial Proposal under consideration.

Using the formula S = St Í T% + Sf Í F%, the bids shall then be ranked according to their combined St and Sf using the weights (St is the technical score of the Technical Proposal under consideration; T = the weight given to the Technical Proposal; F = the weight given to the Financial Proposal; T + F = 1) indicated below:

T _________ [0.85]; and
F _________ [0.15];

provided that the total weights given to the Technical and Financial Proposals shall add up to 1.0.
28.1 The address for negotiations is 6F HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.
28.2(e) No negotiations pertaining to the Financial Proposal shall be undertaken.
29.1 No additional requirements.
32.3(f) No additional requirements.
33.2 Not applicable.
33.3 The Performance Security shall be in the form of Surety Bond. The amount of not less than 30% of the contract price if performance security is a surety bond.

Section IV. General Conditions of Contract

Notes on the General Conditions of Contract

The GCC in Section IV, read in conjunction with the SCC in Section V and other documents listed therein, should be a complete document expressing all the rights and obligations of the parties.

The GCC herein shall not be altered. Any changes and complementary information, which may be needed, shall be introduced only through the SCC in Section V.

TABLE OF CONTENTS

1) General Terms 89
2) Headings 89
3) Location 89
4) Law Governing Contract and Services 89
5) Governing Law and Language 89
6) Consultants and Affiliates Not to Engage in Certain Activities 89
7) Authority of Member in Charge 90
8) Resident Project Manager 90
9) Entire Agreement 90
10) Modification 90
11) Relationship of Parties 90
12) Authorized Representatives 91
13) Good Faith 91
14) Operation of the Contract 91
15) Notices 91
16) Warranty as to Eligibility 91
17) Confidentiality 92
18) Payment 92
19) Currency of Payment 92
20) Liability of the Consultant 92
21) Insurance to be Taken Out by the Consultant 92
22) Effectivity to the Contract 92
23) Commencement of Services 92
24) Expiration of Contract 93
25) Force Majeure 93
26) Contract Amendment 94
27) Suspension 94
28) Extension or Adjustment of Contract Time 95
29) Liquidated Damages 95
30) Termination by the Procuring Entity 95
31) Termination by the Consultant 96
32) Procedures for Termination of Contracts 97
33) Cessation of Services 98
34) Payment upon Termination 98
35) Disputes about Events of Termination 99
36) Cessation of Rights and Obligations 99
37) Settlement of Disputes 99
38) Documents Prepared by the Consultant and Software Developed to be the Property of the Procuring Entity 99
39) Equipment and Materials Furnished by the Procuring Entity 100
40) Services, Facilities and Property of the Procuring Entity 100
41) Consultant’s Actions Requiring Procuring Entity’s Prior Approval 100
42) Personnel 101
43) Working Hours, Overtime, Leave, etc. 102
44) Counterpart Personnel 102
45) Performance Security 103
46) Standard Performance 103
47) Consultant Not to Benefit from Commissions, Discounts, etc. 104
48) Procurement by the Consultant 104
49) Reports 104
50) Assistance by the Procuring Entity on Government Requirements 104
51) Access to Land 105
52) Accounting, Inspection and Auditing 105
53) Contract Cost 106
54) Remuneration and Reimbursable Expenditures 106
55) Final Payment 107
56) Lump Sum Contracts 107
57) Liquidated Damages for Delay 108

1) General Terms
In this contract, the following terms shall be interpreted as indicated:
1.0 The “Procuring Entity” means the organization engaging the services of a consultant or consulting firm, as named in the SCC.
1.1 The “Consultant” means the short-listed consultant with the HRRB determined by the Procuring Entity as such in accordance with the ITB and as named in the SCC.
1.2 “Funding Source” means the entity indicated in the SCC.
1.3 “Services” means the work to be performed by the Consultant, as provided in the Appendix I.
2) Headings

The headings shall not limit, alter or affect the meaning of this Contract.

3) Location

The Services shall be performed at such locations as are specified in Appendix I and, where the location of a particular task is not so specified, at such locations, whether in the Philippines or elsewhere, as the Procuring Entity may approve.

4) Law Governing Contract and Services
4.1 This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the applicable laws. For purposes of this Clause, “applicable laws” refer to laws and any other instruments having the force of law in the Philippines as they may be issued and enforced from time to time.
4.2 The Consultant shall perform the Services in accordance with the applicable laws and shall take all practicable steps to ensure that the personnel of the Consultant, which are employed and assigned to the performance of the Services or any part thereof, complies with the applicable laws. The Procuring Entity shall notify the Consultant in writing of relevant local customs, and the Consultant shall, after such notification, respect such customs.

5) Governing Law and Language
5.1 This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines.
5.2 This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English.

6) Consultants and Affiliates Not to Engage in Certain Activities
6.1 The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant shall be disqualified from providing goods, works, or consulting services for any project resulting from or closely related to this Contract other than the Services and any continuation thereof provided there is no current or future conflict.
6.2 The Consultant shall not engage, and shall cause their Personnel not to engage, either directly or indirectly, in any of the following activities:

a) during the term of this Contract, any business or professional activities in the Government’s country which would conflict with the activities assigned to them under this Contract; and

b) after the termination of this Contract, such other activities as may be specified in the SCC.

7) Authority of Member in Charge

In case the Consultant is a JV, the Members hereby authorize the entity specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Procuring Entity under this Contract, including without limitation the receiving of instructions and payments from the Procuring Entity.

8) Resident Project Manager

If required by the SCC, the Consultant shall ensure that at all times during the Consultant’s performance of the Services in the Government’s country, a resident project manager, acceptable to the Procuring Entity, shall take charge of the performance of such Services.

9) Entire Agreement

This Contract, including the Contract Agreement, Bidding Documents, Winning bidder’s bid, including the Eligibility requirements, Technical and Financial Proposals, and all other documents or statements submitted, Performance Security, Notice of Award of Contract, and other contract documents that may be required by existing laws and/or the Procuring Entity specified in GCC Clause 1.1, contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make any statement, representation, promise, or agreement not set forth herein of which the Parties shall not be bound by or be liable for.

10) Modification

Unless otherwise specified in the SCC, no modification of the terms and conditions of this Contract, including any modification of the scope of the Services shall be allowed. Pursuant to GCC Clause 14 hereof, however, each Party shall give due consideration to any proposal for modification made by the other Party.

11) Relationship of Parties
11.1 Nothing contained herein shall be construed as establishing a relation of employer and employee or of principal and agent as between the Procuring Entity and the Consultant. The Consultant, subject to this Contract, has complete charge of its Personnel, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
11.2 The Consultant shall during the performance of the Services be an independent contractor, retaining complete control over its Personnel, conforming to all statutory requirements with respect to all its employees, and providing all appropriate employee benefits.

12) Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Procuring Entity or the Consultant may be taken or executed by the officials specified in the SCC.

13) Good Faith

The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

14) Operation of the Contract

The Parties recognize that it is impractical for this Contract to provide for every contingency which may arise during the effectivity of this Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them; and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties shall use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with GCC Clause 37 hereof.

15) Notices
15.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, or electronic mail, to such Party at the address specified in the SCC, which shall be effective when delivered and duly received as may be applicable.
15.2 A Party may change its address upon notice pursuant to the provisions listed in the SCC.

16) Warranty as to Eligibility
16.1 The Consultant represents, warrants, and confirms that it is eligible, i.e., has the legal personality to act as a consultant in accordance with Part I, Section II, Short-listing Documents issue for this project.
16.2 The Consultant shall perform its obligations under this Contract in accordance with the highest accepted professional standards and expertise. The Consultant shall exercise all reasonable skill, care, and diligence in the discharge of duties agreed to be performed and shall work in the best interest of the GoP.

17) Confidentiality

Except with the prior written consent of the Procuring Entity, the Consultant and the Personnel shall not, at any time, communicate to any person or entity any confidential information acquired in the course of the Services, nor shall the Consultant and the Personnel make public the recommendations formulated in the course of, or as a result of, the Services. For purposes of this clause, “confidential information” means any information or knowledge acquired by the Consultant and/or its Personnel arising out of, or in connection with, the performance of the Services under this Contract that is not otherwise available to the public.

18) Payment

18.1 In consideration of the Services performed by the Consultant under this Contract, the Procuring Entity shall make to the Consultant such payments and in such manner as is provided by GCC Clause 54 of this Contract. However, the Procuring Entity may refuse to make payments when the terms and conditions of the contract are not satisfactorily performed by the Consultant.

18.1 Subject to the ceilings specified in GCC Clause 54 hereof, the Procuring Entity shall pay to the Consultant: (i) remuneration as set forth in GCC Clause 54.2; and (ii) reimbursable expenditures as set forth in GCC Clause 54.4. Said remuneration shall not be subject to price adjustment.

18.2 All payments under this Contract shall be made to the account of the Consultant specified in the SCC.

19) Currency of Payment

Unless otherwise specified in the SCC, all payments shall be made in Philippine Peso.

20) Liability of the Consultant

Subject to additional provisions, if any, set forth in the SCC, the Consultant’s liability under this Contract shall be as provided by the laws of the Republic of the Philippines.

21) Insurance to be Taken Out by the Consultant

21.1 The Consultant, at its own cost, shall be responsible for taking out or maintaining any insurance policy against any risk related to the Project.

21.2 The Procuring Entity undertakes no responsibility in respect of life, health, accident, travel or any other insurance coverage for the Personnel or for the dependents of any such Personnel.

22) Effectivity to the Contract

The contract effectivity date shall be the date of contract signing, provided that the effectiveness of the conditions, if any, listed in the SCC have been met.

23) Commencement of Services

The Consultant shall begin carrying out the Services starting from the effectivity date of this Contract, as mentioned in GCC Clause 22.

24) Expiration of Contract

Unless sooner terminated pursuant to GCC Clauses 30 or 31 hereof, this Contract shall terminate at the end of such time period after the effectivity date as shall be specified in the SCC.

25) Force Majeure

25.1 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 Consultant 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 Consultant.

25.2 The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of force majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.

25.3 Unless otherwise agreed herein, force majeure shall not include:

a) any event which is caused by the negligence or intentional action of a Party or such Party’s agents or employees;

b) any event which a diligent Party could reasonably have been expected to both take into account at the time of the conclusion of this Contract and avoid or overcome in the carrying out of its obligations hereunder;

c) insufficiency of funds or failure to make any payment required hereunder; or

d) the Procuring Entity’s failure to review, approve or reject the outputs of the Consultant beyond a reasonable time period.

25.4 A Party affected by an event of force majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder immediately or within a reasonable time.

25.5 A Party affected by an event of force majeure shall notify the other Party of such event as soon as possible, and in any event not later than fifteen (15) calendar days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

25.6 The Parties shall take all reasonable measures to minimize the consequences of any event of force majeure.

25.7 Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a direct and proximate result of force majeure.

25.8 During the period of their inability to perform the Services as a direct and proximate result of an event of force majeure, the Consultant shall be entitled to continue receiving payment under the terms of this Contract as well as to be reimbursed for additional costs reasonably and necessarily incurred by it during such period for the purposes of the Services and in reactivating the Services after the end of such period, provided that such costs are still within the total contract price. However, the foregoing provision shall not apply if the Procuring Entity suspends or terminates this Contract in writing, notice thereof duly received by the Consultant, pursuant to GCC Clauses 27 and 30 hereof with the exception of the direct and proximate result of force majeure.

25.9 Not later than fifteen (15) calendar days after the Consultant, as the direct and proximate result of an event of force majeure, has become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures considering the circumstances.

25.10 In the case of disagreement between the parties as to the existence, or extent of force majeure, the matter shall be submitted to arbitration in accordance with GCC Clause 37 hereof.

26) Contract Amendment

Changes to the consultancy contract affecting the project scope, key personnel, schedule of deliverables and payments, timelines or contract duration may be made if necessary to achieve the objectives of the project. In such cases, an equitable adjustment in contract price may be mutually agreed upon by the Procuring Entity and the consultant in writing, using similar rates or unit prices in the contract, or if not available, using applicable or current rates and prices to cover the amended or additional items in the consultancy contract; Provided, That the total increase in cost does not exceed twenty percent (20%) of the contract price.

Subject to GCC Clause 42.5, changes to the consultancy contract affecting the project scope, key personnel, schedule of deliverables and payments, timelines or contract duration may be made if necessary to achieve the objectives of the project.

27) Suspension
27.1 The Procuring Entity shall, by written notice of suspension to the Consultant, suspend all payments to the Consultant hereunder if the Consultant fail to perform any of their obligations due to their own fault or due to force majeure or other circumstances beyond the control of either party (e.g. suspension of civil works being supervised by the consultant) under this Contract, including the carrying out of the Services, provided that such notice of suspension:

a) shall specify the nature of the failure; and

b) shall request the Consultant to remedy such failure within a period not exceeding thirty (30) calendar days after receipt by the Consultant of such notice of suspension.
27.2 The Consultant may, without prejudice to its right to terminate this Contract pursuant to GCC Clause 31, by written notice of suspension, suspend the Services if (i) the Procuring Entity fails to deliver government-furnished equipment, resources, reports or data as stipulated in the contract; (ii) peace and order conditions make it extremely dangerous, if not impossible, to work; or (iii) delay in the payment of the Consultant’s claim for progress billing beyond sixty (60) calendar days from the time the Consultant’s claim has been certified by the Procuring Entity as being supported by complete documentation and a notice from the Consultant has been received by the Procuring Entity that such payment is overdue, unless there are justifiable reasons which shall be communicated in writing to the Consultant.

28) Extension or Adjustment of Contract Time

The adjustment or extension of contract time in Consulting Services shall consider both the elapsed time between the effective order suspending operation and the order to resume work in cases when the total suspension or the suspension of activities along the critical path is not due to the fault of the Consultant.

29) Liquidated Damages

When the Consultant fails to satisfactorily complete the services required under the contract within the specified period, inclusive of duly granted time extensions, if any, the Consultant shall be liable for liquidated damages in an amount equal to one-tenth (1/10) of one percent (1%) of the cost of the unperformed portion for every day of delay. In case the sum of liquidated damages reaches ten percent (10%) of the contract amount, the contract may be rescinded or terminated by the Procuring Entity, without prejudice to other courses of action and remedies available under the circumstances. In case the contract is rescinded or terminated, the Procuring Entity may take over the contract or award the same to a qualified consultant through negotiated procurement. In addition to the liquidated damages, the erring consultant’s performance security shall also be forfeited.

In case the delay in the completion of the services exceeds ten percent (10%) of the specified contract time plus any time extension duly granted to the Consultant, the Procuring Entity may rescind the contract. It then forfeits the Consultant’s performance security and takes over the prosecution of the contract or awards the same to a qualified consultant through negotiated procurement.

30) Termination by the Procuring Entity
30.1 The Procuring Entity shall terminate this Contract when any of the following conditions attends its implementation:

a) In case of breach of contract by the Consultant, or where the Consultant fails to deliver or perform the Outputs and Deliverables within the period(s) specified in the Contract, or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Consultant prior to the delay, and such delay amounts to at least ten percent (10%) of the contract price;

b) In case of force majeure, or where the Consultant is unable to deliver or perform a material portion of the Outputs and Deliverables for a period of not less than sixty (60) calendar days after the Consultant’s receipt of the notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have ceased;

c) In case of termination of contract for convenience, where there is a determination of existence of any of the following conditions that make Project Implementation economically, financially or technically impractical and/or unnecessary: (i) If physical and economic conditions have significantly changed so as to render the project no longer economically, financially, or technically feasible, as determined by the HoPE; (ii) the HoPE has determined the existence of conditions that make project implementation impractical or unnecessary, such as, but not limited to, fortuitous event/s, changes in laws and government policies; (iii) Funding for the project has been withheld or reduced by higher authorities through no fault of the Procuring Entity; or (iv) any circumstance analogous to the foregoing;

d) If the Consultant is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction; in which event, termination will be without compensation to the Consultant, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Consultant;

e) In case it is determined prima facie that the Consultant, including any joint venture partner therein, has engaged, before or during the implementation of this Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation, such as, but not limited to, the following: corrupt, fraudulent, collusive, coercive, and obstructive practices; drawing up or using forged documents; using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and any other act analogous to the foregoing. For purposes of this Clause, corrupt, fraudulent, collusive, coercive, and obstructive practices shall have the same meaning as that provided in ITB Clause 4.1(a);

f) The Consultant fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to GCC Clause 15.2 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Procuring Entity may have subsequently approved in writing;

g) The Consultant’s failure to comply with any final decision reached as a result of arbitration proceedings pursuant to GCC Clause 37 hereof; or

h) The Consultant fails to perform any other obligation under the Contract.
30.2 In case of termination, written notice shall be understood to mean fifteen (15) days for short-term contracts, i.e., four (4) months or less, and thirty (30) days for long-term contracts.

31) Termination by the Consultant
The Consultant must serve a written notice to the Procuring Entity of its intention to terminate this Contract at least thirty (30) calendar days before its intended termination. This Contract is deemed terminated if no action has been taken by the Procuring Entity with regard to such written notice within thirty (30) calendar days after the receipt thereof by the Procuring Entity. The Consultant may terminate this Contract, if, through no fault of its own, any of the following conditions exists:
a) The Procuring Entity is in material breach of its obligations pursuant to this Contract and has not remedied the same within sixty (60) calendar days following its receipt of the Consultant’s notice specifying such breach;
b) Substantial failure of the Procuring Entity to perform its obligations under the contract;
c) Prolonged suspension by the Procuring Entity, through no fault of the Contractor, which affects the substantial part of the Contract;
d) The Procuring Entity’s failure to comply with any final decision reached as a result of arbitration pursuant to GCC Clause 37 hereof;
e) As the direct and proximate result of force majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) calendar days; or
f) The Procuring Entity fails to pay any money due to the Consultant pursuant to this Contract and not subject to dispute pursuant to GCC Clause 37 hereof within eighty-four (84) calendar days after receiving written notice from the Consultant that such payment is overdue.

32) Procedures for Termination of Contracts
The following provisions shall govern the procedures for the termination of this Contract:
a) Verification - Upon receipt of a written report of acts or causes which may constitute ground(s) for termination as aforementioned, or upon its own initiative, the Procuring Entity shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execution of a Verified Report, with all relevant evidence attached.
b) Notice to Terminate - Upon recommendation by the Procuring Entity, the HoPE shall terminate this Contract only by a written notice to the Consultant conveying such termination. The notice shall state:
i) That the contract is being terminated for any of the ground(s) afore-mentioned, and a statement of the acts that constitute the ground(s) constituting the same;
ii) The extent of termination, whether in whole or in part;
iii) An instruction to the Consultant to show cause as to why the contract should not be terminated; and
iv) Special instructions of the Procuring Entity, if any.
The Notice to Terminate shall be accompanied by a copy of the Verified Report.
c) Show Cause - Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Consultant shall submit to the HoPE a verified position paper stating why this Contract should not be terminated. If the Consultant fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the HoPE shall issue an order terminating this Contract.
d) Rescission of Notice of Termination - The Procuring Entity may, at any time before receipt of the Consultant’s verified position paper to withdraw the Notice to Terminate if it is determined that certain services subject of the notice had been completed or performed before the Consultant’s receipt of the notice.
e) Decision - Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the HoPE shall decide whether or not to terminate this Contract. It shall serve a written notice to the Consultant of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Consultant of the notice of decision. The termination shall only be based on the ground/s stated in the Notice to Terminate.
f) Contract Termination Review Committee - The HoPE may create a Contract Termination Review Committee (CTRC) to assist in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the HoPE.
g) Take-over of Contracts – If a Procuring Entity terminates the contract due to default, insolvency, or for cause, it may enter into a Negotiated Procurement pursuant to Section 35(c) of RA No. 12009 and its IRR.
h) Notice by Contractor or Consultant – The Consultant must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity.
33) Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to GCC Clauses 30 or 31 hereof, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consultant and equipment and materials furnished by the Procuring Entity, the Consultant shall proceed as provided, respectively, by GCC Clauses 38 or 39 hereof.

34) Payment upon Termination

Upon termination of this Contract pursuant to GCC Clauses 30 or 31 hereof, the Procuring Entity shall make the following payments to the Consultant:

a) remuneration pursuant to GCC Clause 54 hereof for Services satisfactorily performed prior to the effective date of termination;

b) reimbursable expenditures pursuant to GCC Clause 54 hereof for expenditures actually incurred prior to the effective date of termination; and

c) in the case of termination pursuant to GCC Clause 30.1(b) hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of this Contract including the cost of the return travel of the Personnel and their eligible dependents.

35) Disputes about Events of Termination

If either Party disputes whether an event specified in GCC Clause 30.1 or in GCC Clause 31 hereof has occurred, such Party may refer the matter to arbitration pursuant to GCC Clause 37 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.

36) Cessation of Rights and Obligations

Upon termination of this Contract pursuant to GCC Clauses 30 or 31 hereof, or upon expiration of this Contract pursuant to GCC Clause 24, all rights and obligations of the Parties hereunder shall cease, except:

a) such rights and obligations as may have accrued on the date of termination or expiration;

b) the obligation of confidentiality set forth in GCC Clause 17 hereof; and

c) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records set forth in GCC Clauses 52.1 (b) and 52.1(c) hereof, any right which a Party may have under the Applicable Law.

37) Settlement of Disputes
37.1 Any dispute arising from the implementation of a contract covered by RA No. 12009 and its IRR shall first be resolved and settled amicably by mutual consultation or agreement.
37.2 Should the Parties fail to resolve their dispute or difference after thirty (30) calendar days, the parties shall resort to alternative dispute resolution (ADR) in accordance with RA No. 9285 or the "Alternative Dispute Resolution Act of 2004”, RA No. 876 or the Arbitration Law, Executive Order No. 1008 or the Construction Industry Arbitration Law, and other pertinent laws, regulations, and issuances, as the case may be.
If the Parties resort to arbitration, either solely or in conjunction with other modes of ADR, the governing rules of procedure or the rules of arbitration between the parties shall be specified in the SCC.

38) Documents Prepared by the Consultant and Software Developed to be the Property of the Procuring Entity
38.1 All plans, drawings, specifications, designs, reports, other documents and software prepared by the Consultant for the Procuring Entity under this Contract shall become and remain the property of the Procuring Entity, and the Consultant shall, prior to termination or expiration of this Contract, deliver all such documents to the Procuring Entity, together with a detailed inventory thereof.
The Consultant may retain a copy of such documents and software. The plans, drawings, specifications, designs, reports, other documents and software, including restrictions on future use of such documents and software, if any, shall be specified in the SCC.
38.2 All computer programs developed by the Consultant under this Contract shall be the sole and exclusive property of the Procuring Entity; Provided, however, That the Consultant may use such programs for its own use with prior written approval of the Procuring Entity.
If license agreements are necessary or appropriate between the Consultant and third parties for purposes of development of any such computer programs, the Consultant shall obtain the Procuring Entity’s prior written approval to such agreements. In such cases, the Procuring Entity shall be entitled at its discretion to require recovering the expenses related to the development of the program/s concerned.

39) Equipment and Materials Furnished by the Procuring Entity

Equipment and materials made available to the Consultant by the Procuring Entity or purchased by the Consultant using funds from the Procuring Entity, shall be considered the property of the Procuring Entity and shall be properly marked as such. Upon termination or expiration of this Contract, the Consultant shall submit to the Procuring Entity an inventory of such equipment and materials and shall dispose the same in accordance with the Procuring Entity’s instructions. While in possession of such equipment and materials, the Consultant, unless otherwise instructed by the Procuring Entity in writing, shall insure the same at the expense of the Procuring Entity in an amount equal to their full replacement value.

40) Services, Facilities and Property of the Procuring Entity

The Procuring Entity shall make available to the Consultant and the Personnel, for the purposes of the Services and free of any charge, the services, facilities and property described in Appendix V at the terms and in the manner specified in said appendix, provided that if such services, facilities and property shall not be made available to the Consultant as and when so specified, the Parties shall agree on:

a) any time extension that it may be appropriate to grant to the Consultant for the performance of the Services;

b) the manner in which the Consultant shall procure any such services, facilities and property from other sources; and

c) the additional payments, if any, to be made to the Consultant as a result thereof pursuant to GCC Clause 53 hereinafter which should be within the agreed contract ceiling.

41) Consultant’s Actions Requiring Procuring Entity’s Prior Approval

The Consultant shall obtain the Procuring Entity’s prior approval in writing before taking any of the following actions:

a) appointing such members of the Personnel as are listed in Appendix III merely by title but not by name;

b) replacement, during the performance of the contract for any reason, of any Personnel as listed in Appendix III of this Contract requiring the Procuring Entity’s prior approval; and

c) any other action that may be specified in the SCC.

42) Personnel
42.1 The Consultant shall employ and provide such qualified and experienced Personnel as are required to carry out the Services.
42.2 The title, agreed job description, minimum qualification and estimated period of engagement in the carrying out of the Services of each of the Consultant’s Key Personnel are described in Appendix III.
42.3 The Key Personnel listed by title as well as by name in Appendix III are hereby approved by the Procuring Entity. In respect of other Key Personnel which the Consultant proposes to use in the carrying out of the Services, the Consultant shall submit to the Procuring Entity for review and approval a copy of their biographical data and, in the case of Key Personnel to be assigned within the GoP, a copy of a satisfactory medical certificate attached as part of Appendix III. If the Procuring Entity does not object in writing; or if it objects in writing but fails to state the reasons for such objection, within twenty-one (21) calendar days from the date of receipt of such biographical data and, if applicable, such certificate, the Key Personnel concerned shall be deemed to have been approved by the Procuring Entity.
42.4 The Procuring Entity may request the Consultants to perform additional services not covered by the original scope of work but are determined by the Procuring Entity to be critical for the satisfactory completion of the Services, subject to GCC Clause 56.6.
42.5 No changes shall be made in the Key Personnel, except for justifiable reasons as may be determined by the Procuring Entity, as indicated in the SCC, and only upon prior approval of the Procuring Entity. If it becomes justifiable and necessary to replace any of the Personnel, the Consultant shall forthwith provide as a replacement a person of equivalent or better qualifications. If the Consultant introduces changes in Key Personnel for reasons other than those mentioned in the SCC, the Consultant shall be liable for the imposition of damages as described in the SCC.
42.6 Any of the Personnel provided as a replacement under GCC Clauses 42.5 and 42.7, the rate of remuneration applicable to such person as well as any reimbursable expenditures the Consultant may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Procuring Entity. Except as the Procuring Entity may otherwise agree, the Consultant shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement, and the remuneration to be paid for any of the Personnel provided as a replacement shall not exceed the remuneration which would have been payable to the Personnel replaced.
42.7 If the Procuring Entity finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action as defined in the Applicable Law, or has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Procuring Entity’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Procuring Entity.

43) Working Hours, Overtime, Leave, etc.
43.1 Working hours and holidays for Key Personnel are set forth in Appendix III. Any travel time prior to and after contract implementation shall not be considered as part of the working hours.
43.2 The Key Personnel shall not be entitled to claim payment for overtime work, sick leave, or vacation leave from the Procuring Entity since these items are already covered by the Consultant’s remuneration. All leaves to be allowed to the Personnel are included in the staff-months of service set forth in Appendix III. Taking of leave by any Personnel should not delay the progress and adequate supervision of the Services.
43.3 If required to comply with the provisions of GCC Clause 46.1 hereof, adjustments with respect to the estimated periods of engagement of Key Personnel set forth in Appendix III may be made by the Consultant by prior written notice to the Procuring Entity, provided that:

a) such adjustments shall not alter the originally estimated period of engagement of any individual by more than ten percent (10%); and

b) the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in GCC Clause 53.1 of this Contract. Any other such adjustments shall only be made with the Procuring Entity’s prior written approval.

44) Counterpart Personnel
44.1 If so provided in Appendix III hereto, the Procuring Entity shall make available to the Consultant, as and when provided in such Appendix III, and free of charge, such Counterpart Personnel to be selected by the Procuring Entity, with the Consultant’s advice, as shall be specified in such Appendix III. Counterpart Personnel shall work with the Consultant. If any member of the Counterpart Personnel fails to perform adequately any work assigned to such member by the Consultant which is consistent with the position occupied by such member, the Consultant may request the replacement of such member, and the Procuring Entity shall not unreasonably refuse to act upon such request.
44.2 The responsibilities of the Counterpart Personnel shall be specified in Appendix III, attached hereto, and the Counterpart Personnel shall not perform any work beyond the said responsibilities.
44.3 If Counterpart Personnel are not provided by the Procuring Entity to the Consultant as and when specified in Appendix III, and or if the Counterpart Personnel lack the necessary training, experience or authority to effectively undertake their responsibilities, the Procuring Entity and the Consultant shall agree on how the affected part of the Services shall be carried out, and the additional payments, if any, to be made by the Procuring Entity to the Consultant as a result thereof pursuant to GCC Clause 53, hereof.

45) Performance Security
45.1 Within ten (10) calendar days from receipt of the Notice of Award from the Procuring Entity, but in no case later than the signing of the contract by both parties, the Consultant shall furnish the performance security in any the forms chosen by the Procuring Entity prescribed in the ITB Clauses 33.2 and 33.3.
45.2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the Consultant is in default in any of its obligations under the contract.
45.3 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance.
45.4 The performance security may be released by the Procuring Entity and returned to the Consultant after the issuance of the Certificate of Final Acceptance subject to the following conditions:

a) There are no pending claims against the Consultant or the surety company filed by the Procuring Entity;

b) The Consultant has no pending claims for labor and materials filed against it; and

c) Other terms specified in the SCC.
45.5 The Procuring Entity shall allow a proportional reduction in the original performance security in case of a reduction of the contract value, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance security.

46) Standard Performance
46.1 The Consultant shall perform the Services and carry out their obligations hereunder 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.
46.2 The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Procuring Entity, and shall at all times support and safeguard the Procuring Entity’s legitimate interests in any dealings with third parties.
46.3 The Consultant shall furnish to the Procuring Entity such information related to the Services as the Procuring Entity may from time-to-time reasonably request.
46.4 The Consultant shall at all times cooperate and coordinate with the Procuring Entity with respect to the carrying out of its obligations under this Contract.

47) Consultant Not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultant pursuant to GCC Clause 54 hereof shall constitute the Consultant’s sole remuneration in connection with this Contract or the Services and, subject to GCC Clause 48 hereof, the Consultant shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consultant shall use its best efforts to ensure that its Personnel and agents similarly shall not receive any such additional remuneration.

48) Procurement by the Consultant

If the Consultant, as part of the Services, has the responsibility of advising or procuring goods, works or services, for the Procuring Entity, the Consultant shall comply with any applicable procurement guidelines of the Funding Source, and shall at all times exercise such responsibility in the best interest of the Procuring Entity. Any discounts or advantages obtained by the Consultant in the exercise of such procurement responsibility shall be for the benefit of the Procuring Entity.

49) Reports

The Consultant shall submit to the Procuring Entity the reports, deliverables and documents in English, in the form, in the numbers, and within the time periods set forth in Appendix II.

50) Assistance by the Procuring Entity on Government Requirements
50.1 The Procuring Entity may assist the Consultant and Personnel in the payment of such taxes, duties, fees and other impositions as may be levied under the Applicable Law by providing information on the preparation of necessary documents for payment thereof.
50.2 The Procuring Entity shall use its best efforts to ensure that the Government shall:
a) provide the Consultant and Personnel with work permits and such other documents as shall be necessary to enable the Consultant or Personnel to perform the Services;
b) arrange for the foreign Personnel and, if appropriate, their eligible dependents to be provided promptly with all necessary entry and exit visas, residence permits, and any other documents required for their stay in the Philippines for the duration of the Contract;
c) facilitate prompt clearance through customs of any property required for the Services and of the necessary personal effects of the foreign Personnel and their eligible dependents;
d) issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services; and

e) grant to foreign Consultant, including its Personnel, the privilege, pursuant to the Applicable Law, of bringing into the Government’s country reasonable amounts of foreign currency for purposes of the Services or for the personal use of the foreign Personnel and their dependents.

51) Access to Land

The Procuring Entity warrants that the Consultant shall have, free of charge, unimpeded access to all lands in the Philippines in respect of which access is required for the performance of the Services. The Procuring Entity shall be responsible for any damage to such land or any property thereon resulting from such access and shall indemnify the Consultant and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultant or its Personnel.

52) Accounting, Inspection and Auditing
52.1 The Consultant shall:
a) Keep accurate and systematic accounts and records in respect of the Services hereunder, in accordance with internationally accepted accounting principles and in such form and detail as to clearly identify all relevant time changes and costs, and the bases thereof;
b) Permit the Procuring Entity or its designated representative and or the designated representative of the Funding Source at least once for short-term Contracts, and annually in the case of long-term Contracts, and up to one year from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Procuring Entity; and
c) Permit the Funding Source to inspect the Consultant’s accounts and records relating to the performance of the Consultant and to have them audited by auditors approved by the Funding Source, if so required.
52.2 The basic purpose of this audit is to verify payments under this Contract and, in this process, to also verify representations made by the Consultant in relation to this Contract. The Consultant shall cooperate with and assist the Procuring Entity and its authorized representatives in making such audit. In the event the audit discloses that the Consultant has overcharged the Procuring Entity, the Consultant shall immediately reimburse the Procuring Entity an amount equivalent to the amount overpaid. If overpayment is a result of the Consultant having been engaged in what the Procuring Entity (or, as the case may be, the Funding Source) determines to constitute corrupt, fraudulent, or coercive practices, as defined in GCC Clause 30.1(e) and under the applicable laws, the Procuring Entity shall, unless the Procuring Entity decides otherwise, terminate this Contract.
52.3 The determination that the Consultant has engaged in corrupt, fraudulent, coercive practices shall result in the Procuring Entity and/or the Funding Source seeking the imposition of the maximum administrative, civil and criminal penalties up to and in including imprisonment under applicable laws.

53) Contract Cost
53.1 Except as may be otherwise agreed under GCC Clause 10, payments under this Contract shall not exceed the ceiling specified in the SCC. The Consultant shall notify the Procuring Entity as soon as cumulative charges incurred for the Services have reached eighty percent (80%) of this ceiling.
53.2 Unless otherwise specified in the SCC, the cost of the Services shall be payable in Philippine Pesos and shall be set forth in the Appendix IV attached to this Contract.

54) Remuneration and Reimbursable Expenditures

54.1 Payments of Services do not relieve the Consultant of any obligation hereunder.
54.2 Remuneration for the Personnel shall be determined on the basis of time actually spent by such Personnel in the performance of the Services including other additional factors indicated in the SCC after the date determined in accordance with GCC Clause 22, or such other date as the Parties shall agree in writing, including time for necessary travel via the most direct route, at the rates referred to, and subject to such additional provisions as are set forth, in the SCC.
54.3 Remuneration for periods of less than one month shall be calculated on an hourly basis for time spent in home office (the total of 176 hours per month shall apply) and on a calendar-day basis for time spent away from home office (1 day being equivalent to 1/30th of a month).
54.4 Reimbursable expenditures actually and reasonably incurred by the Consultants in the performance of the Services are provided in the SCC.
54.5 Billings and payments in respect of the Services shall be made as follows:

a) The Procuring Entity shall cause to be paid to the Consultant an advance payment as specified in the SCC, and as otherwise set forth below. The advance payment shall be due after the Consultant provides an irrevocable standby letter of credit in favor of the Procuring Entity issued by an entity acceptable to the Procuring Entity in accordance with the requirements provided in the SCC.

b) As soon as practicable and not later than fifteen (15) calendar days after the end of each calendar month during the period of the Services, the Consultant shall submit to the Procuring Entity, in duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and other appropriate supporting materials, of the amounts payable pursuant to GCC Clauses 53.1 and 54 for such month. Separate monthly statements shall be submitted in respect of amounts payable in foreign currency and in local currency. Each separate monthly statement shall distinguish that portion of the total eligible costs which pertains to remuneration from that portion which pertains to reimbursable expenditures.

c) The Procuring Entity shall cause the payment of the Consultant’s monthly statements within sixty (60) calendar days after the receipt by the Procuring Entity of such statements with supporting documents. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. Should any discrepancy be found to exist between actual payment and costs authorized to be incurred by the Consultant, the Procuring Entity may add or subtract the difference from any subsequent payments. Interest shall be paid for delayed payments following the rate provided in the SCC.

55) Final Payment
55.1 The final payment shall be made only after the final report and a final statement, identified as such, shall have been submitted by the Consultant and approved as satisfactory by the Procuring Entity. The Services shall be deemed completed and finally accepted by the Procuring Entity and the final report and final statement shall be deemed approved by the Procuring Entity as satisfactory ninety (90) calendar days after receipt of the final report and final statement by the Procuring Entity unless the Procuring Entity, within such ninety (90)-day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report or final statement. The Consultant shall thereupon promptly make any necessary corrections within a maximum period of ninety (90) calendar days, and upon completion of such corrections, the foregoing process shall be repeated.
55.2 Any amount which the Procuring Entity has paid or caused to be paid in accordance with this clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultant to the Procuring Entity within thirty (30) calendar days after receipt by the Consultant of notice thereof. Any such claim by the Procuring Entity for reimbursement must be made within twelve (12) calendar months after receipt by the Procuring Entity of a final report and a final statement approved by the Procuring Entity in accordance with the above.

56) Lump Sum Contracts
56.1 For Lump Sum Contracts when applicable, notwithstanding the terms of GCC Clauses 10, 18.1, 34(c), 44.3, 54.2, 54.3, 54.4, 54.5, and 55.1, the provisions contained hereunder shall apply.
56.2 Personnel - Any replacement approved by the Procuring Entity in accordance with ITB Clause 28.3 shall be provided by the Consultant at no additional cost.
56.3 Staffing Schedule - Should the rate of progress of the Services, or any part hereof, be at any time in the opinion of the Procuring Entity too slow to ensure that the Services are completed in accordance with the Staffing Schedule, the Procuring Entity shall so notify the Consultant in writing and the Consultant shall at its sole cost and expense, thereupon take such steps as necessary, subject to the Procuring Entity’s approval, or as reasonably required by the Procuring Entity, to expedite progress so as to ensure that the Services are completed in accordance with the Staffing Schedule.
56.4 Final payment pursuant to the Payment Schedule in Appendices IV and V shall be made by the Procuring Entity after the final report has been submitted by the Consultant and approved by the Procuring Entity.

56.5 Termination - Upon the receipt or giving of any notice referred to in GCC Clause 32 and if the Consultant is not in default under this Contract and has partly or substantially performed its obligation under this Contract up to the date of termination and has taken immediate steps to bring the Services to a close in prompt and orderly manner, there shall be an equitable reduction in the maximum amount payable under this Contract to reflect the reduction in the Services, provided that in no event shall the Consultant receive less than his actual costs up to the effective date of the termination, plus a reasonable allowance for overhead and profit.
56.6 An equitable adjustment in contract price may be mutually agreed upon by the Procuring Entity and the Consultant in writing using similar rates or unit prices as provided in SCC, or it not available, using applicable or current rates and prices to cover the amended or additional items in the consultancy contract, provided that the total increase in cost does not exceed 20% of the contract price.

57) Liquidated Damages for Delay

When the consultant fails to satisfactorily complete the services required under the contract within the specified period, inclusive of duly granted time extensions, if any, the consultant shall be liable for liquidated damages in an amount equal to one-tenth (1/10) of one percent (1%) of the cost of the unperformed portion for every day of delay.

In case the sum of liquidated damages reaches ten percent (10%) of the contract amount, the contract may be rescinded or terminated by the Procuring Entity, without prejudice to other courses of action and remedies available under the circumstances. In case the contract is terminated, the Procuring Entity may take over the contract or award the same to a qualified consultant through negotiated procurement. In addition to the liquidated damages, the erring consultant’s performance security shall also be forfeited.

In case the delay in the completion of the services exceeds ten percent (10%) of the specified contract time plus any time extension duly granted to the consultant, the Procuring Entity may terminate the contract. It then forfeits the consultant’s performance security and takes over the prosecution of the contract or awards the same to a qualified consultant through negotiated procurement.

Section V. Special Conditions of Contract

Notes on the Special Conditions of Contract

Similar to the BDS in Section III, the Clauses in this Section are intended to assist the Procuring Entity in providing contract-specific information in relation to corresponding clauses in the GCC.

The provisions of Section V complement the GCC included in Section IV, specifying contractual requirements linked to the special circumstances of the Procuring Entity, the Procuring Entity’s country, the sector, and the Services purchased. In preparing Section V, the following aspects should be checked:

a) Information that complements provisions of Section IV must be incorporated.
b) Amendments and/or supplements to provisions of Section IV, as necessitated by the circumstances of the specific purchase, must also be incorporated.

However, no special condition which defeats or negates the general intent and purpose of the provisions of Section IV should be incorporated herein.

Special Conditions of Contract

GCC Clause

1.1 The Procuring Entity is Human Settlements Adjudication Commission (HSAC).
1.2 The Consultant is [insert name of the short-listed consultant with the HRRB].
1.3 The Funding Source is the Government of the Philippines (GoP) through the authorized appropriations under the FY 2025 General Appropriations Act or Republic Act No. 12116, and Department of Budget and Management (DBM) National Budget Circular (NBC) No. 599, or the Guidelines on the Release of Funds for FY 2026 .
6.2(b) For a period of two years after the expiration of this Contract, the Consultant shall not engage, and shall cause its Personnel not to engage, in the activity of a purchaser (directly or indirectly) of the assets on which they advised the Procuring Entity under this Contract nor in the activity of an adviser (directly or indirectly) of potential purchasers of such assets. The Consultant also agrees that their affiliates shall be disqualified for the same period of time from engaging in the said activities.
7 Not applicable.
8 Not Applicable.
10 No further instructions.
12 The Authorized Representatives are as follows:

For the Procuring Entity:

Commissioner JOHN-CHRISTOPHER T. MAHAMUD
Designated Head of Procuring Entity in the Central Office

For the Consultant:
_______________________________

NOTE: Name of authorized representative to be filled out by winning consultant prior to contract signing.
15.1 The Procuring Entity’s address for Notices is: 6F HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City.

The Consultant’s address for Notices is: [Insert address including, name of contact, fax and telephone number].

NOTE: Contact details to be filled out by the winning consultant prior to contract signing.
15.2 No further instructions.
18.2 State here Consultant’s account where payment may be made.

NOTE: Details of account are to be filled out by the winning consultant prior to contract signing.
19 No further instructions.
20)
No additional provision.

However, if the Consultant is a joint venture, “All partners to the joint venture shall be jointly and severally liable to the Procuring Entity.”
22 None.
24 None.
37.2 Not applicable.
38.1 The drawings, specifications, designs, reports, other documents and software prepared by the Consultant for the Procuring Entity under this Contract that shall become and remain the property of the Procuring Entity are as follows:

As provided in the Terms of Reference, all HSAC data collected and stored by the CB in the performance of its duties shall be the sole property of HSAC. This data can be retrieved anytime upon request of HSAC. Additionally, HSAC shall have the sole right and authority to copy, move, delete, or transfer the data to other systems/locations.
41(c) The Consultant’s actions requiring the Procuring Entity’s prior approval are as follows:

Changes in the audit program shall be subject to the approval of the HSAC.
42.5
The Consultant may change its Key Personnel only for justifiable reasons as may be determined by the Procuring Entity, such as death, serious illness, incapacity of an individual Consultant, resignation, among others, or until after fifty percent (50%) of the Personnel’s man-months have been served.

Violators will be fined an amount equal to the refund of the replaced Personnel's basic rate, which should be at least fifty percent (50%) of the total basic rate for the duration of the engagement.
45.4(c) The CB shall request in writing the release of the performance security. Thus, HSAC shall issue the Certificate of Completion prior to the release of the performance security.
53.1 The total ceiling amount in Philippine Pesos is [insert amount].

NOTE: The contract amount is to be filled out by the BAC Secretariat prior to contract signing.
53.2 No further instructions.
54.2 No additional instructions.

It is understood that:

1) the remuneration rates shall cover:

a) such salaries and allowances as the Consultant shall have agreed to pay to the Personnel as well as factors for social charges and overhead;
b) the cost of backstopping by home office staff not included in the Personnel listed in Appendix III; and
c) the Consultant’s fee;

2) bonuses or other means of profit-sharing shall not be allowed as an element of overhead; and

3) any rates specified for persons not yet appointed shall be provisional and shall be subject to revision, with the written approval of the Procuring Entity.

54.4 Not applicable.
54.5(a) No advance payment is allowed.
54.5(c) The interest rate is: zero (0).
56.6 Similar rates or unit prices may be mutually agreed upon by the Procuring Entity and the Consultant in writing using similar rates or unit prices. But if not available, the applicable or current rates and prices to cover the amended or additional items in the consultancy contract, provided that the total increase does not exceed 20% of the contract price.

Section VI. Terms of Reference

[Terms of Reference normally contain the following sections: (a) Background; (b) Objectives; (c) Scope of the Services; (d) Training (when appropriate); (e) Reports and Time Schedule; and (f) Data, Local Services, Personnel, and Facilities to be provided by the Procuring Entity.]

TERMS OF REFERENCE

I. PROJECT TITLE

Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s Quality Management System (QMS) to ISO 9001:2015 in the Central Office, Regional Adjudication Branches (RABs) NCR and V-B, and Site Inclusion of the Fourteen (14) Remaining RABs.

II. BACKGROUND AND RATIONALE

Pursuant to Republic Act (RA) 11201, otherwise known as the “Department of Human Settlements and Urban Development Act,” the Human Settlements Adjudication Commission (HSAC) is a quasi-judicial body mandated to adjudicate, among others, disputes relating to real estate development, and homeowners associations, as well as appeals from decisions of local zoning bodies.

The HSAC’s Quality Management System (QMS), which was established in 2020, obtained its initial ISO 9001:2015 Certification on 10 November 2022. The scope of activities includes the adjudication of disputes relating to real estate, homeowners association; appeals from the Regional Adjudication Branches (RABs) and from local and regional planning and zoning bodies; and the provision of support services. This certification currently covers the Central Office, RAB NCR and RAB IV-B.

In November and December 2025, the HSAC conducted the procurement for the Recertification Audit but encountered challenges that resulted in the lapse of the Certificate of Registration of its QMS on 10 November 2025.

III. OBJECTIVE

In pursuance of HSAC’s Strategic Objective and CY 2026 Thrust on the Expansion of the Coverage of ISO 9001:2015 Certification of its QMS, this project aims to certify the Central Office, RAB NCR, and RAB IV-B, and to include the fourteen (14) remaining RABs, namely CAR, I, II, III, IV-A, V, VI, VII, VIII, IX, X, XI, XII, and XIII, within the scope of certification.

IV. SCOPE OF SERVICES/DELIVERABLES

The QMS Certification Body (CB) shall:

1. Conduct a Certification of the HSAC QMS at the Central Office, RAB NCR and RAB IV-B, including the site inclusion of the fourteen (14) RABs ;

2. Issue the ISO 9001:2015 Certification to HSAC upon satisfactory compliance with the requirements of the standard; and

3. Conduct at least one (1) Surveillance Audit each year for two (2) consecutive years after the issuance of the Certificate of Registration or its equivalent.

The Certification and Surveillance Audits shall cover the HSAC Central Office and all its RABs, totaling seventeen (17) sites to be audited within the three (3)-year contract period.

The current sites are as follows:

Sites Site Name/Office Address
1 Central Office HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City
2 RAB NCR HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City
3 RAB IV-B HLURB Building, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City
4 RAB CAR 2nd Floor, King’s Court Pension House, 31 Rimando Road, Baguio City
5 RAB I 1st and 3rd Floors, Doña Pepita Building, Quezon Avenue, Barangay II, San Fernando City, La Union
6 RAB II 3rd and 4th Floors, Tuddao Building, Balzain Highway (Centro 11), Tuguegarao City, Cagayan
7 RAB III 3rd Floor, DHSUD/HSAC Building, Malikhain Street, Diosdado Macapagal Government Center, Barangay Maimpis, City of San Fernando, Pampanga
8 RAB IV-A Units 207-208, 2nd Floor, Dencris Business Center, Barangay Halang, National Highway, Calamba City, Laguna
9 RAB V 2nd Floor, Enterprise Building, Landco Business Park, F. Imperial Street, Barangay Capantawan, Legazpi City, Albay
10 RAB VI 2/F, Gaisano Capital City, Luna St., La Paz, Iloilo City
11 RAB VII 11th Floor, MDCT Building, Leyte Loop, Cebu Business Park, Barangay Hippodromo, Cebu City
12 RAB VIII 3rd Floor, M Block Building, Marasbaras Street, Barangay 77, Tacloban City
13 RAB IX 2nd Floor, Calex Real Estate Building, FS Pajares Avenue, San Jose District, Pagadian City, Zamboanga del Sur
14 RAB X 5th Floor, Gateway Tower 1, Limketkai Center, Lapasan, Cagayan de Oro City
15 RAB XI Enrico’s Building, Block 6 Lot 6, DBP Village, Barangay Ma-a, Davao City
16 RAB XII 2nd Floor, JYSL Building, Arellano corner Balmores Streets, Barangay Zone II, Koronadal City, South Cotabato
17 RAB XIII Arellano Real Estate Lessor Building, P-2, Barangay Doongan, Butuan City (with possible relocation within the same city/province)

The current personnel complement of HSAC is detailed as follows:

Office Personnel Complement
Filled COSP
Central Office 125 46
RAB NCR 21 8
RAB CAR 19 1
RAB I 15 0
RAB II 16 1
RAB III 13 2
RAB IV-A 26 5
RAB IV-B 16 2
RAB V 18 0
RAB VI 16 1
RAB VII 14 2
RAB VIII 17 1
RAB IX 16 1
RAB X 17 3
RAB XI 16 4
RAB XII 14 2
RAB XIII 15 1
Total 394
80

The CB is expected to audit sites and complete the following:
1. Provide an audit program.
2. Prepare and submit the audit plan.
3. Conduct the On-site Certification Audit of the HSAC Central Office, RAB NCR and RAB IV-B.
4. Perform the On-site 1st Surveillance Audit with site inclusion of the fourteen (14) remaining RABs (CAR, I, III, III, IV-A, V, VI, VII, VIII, IX, X, XI, XII and XIII).
5. Perform the On-site 2nd Surveillance Audit with sampling of seven (7) sites.
6. Issue updated ISO 9001:2015 Certificate for all identified sites.
7. Conduct follow-up audits, if necessary.
8. Issue certificates with frame to all sites.

Upon approval of the audit program, the CB shall provide the audit plan at least seven (7) working days prior to the audit to give ample time for the auditees to prepare. As part of the deliverables, the CB shall submit a complete audit report to HSAC at the end of each completed audit.

V. RESPONSIBILITIES OF THE CB

The CB shall have the following responsibilities:

1. The CB representatives shall conduct the audits, submit audit reports, and provide other deliverables according to the mutually agreed schedule.

2. The CB representatives shall inform the Quality Management Representative (QMR), through the Planning and Management Service (PMS), of any changes to, or delays in, the audit schedule or activities related to the ISO 9001:2015 audits of the HSAC QMS.

VI. RESPONSIBILITIES OF THE HSAC

The HSAC, through the PMS, shall have the following responsibilities:

1. Coordinate with the CB on the preparation and conduct of each audit and other related audit/certification activities, including administrative and logistical arrangements as needed;

2. Coordinate with HSAC offices and/or RABs on the audit schedules and identification of auditees, and ensure that the process owners, as well as the HSAC officials and employees concerned, are available on the scheduled audit dates;

3. Facilitate the completion of the Action Request Report Form, in case of non-conformities, and monitor the implementation of the correction and corrective action; and

4. Provide transportation services for the CB Audit Team during the scheduled audits at the Central Office and RABs based in Metro Manila only.

VII. QUALIFICATION REQUIREMENTS

The CB must be an entity with the following qualifications and requirements:

1. Must be accredited by the Department of Trade and Industry – Philippine Accreditation Bureau (DTI-PAB) under PNS ISO/IEC 17021-1:2015 to provide QMS certification to ISO 9001:2015, for scope classified under IAF 36 – Public Administration.

2. Must not have provided QMS consulting services or site-specific auditor training to HSAC within the two (2) years preceding the audit, in order to avoid any conflict of interest.

3. Must have at least 15 years of experience as an ISO 9001 Certification Body.

4. Must have certified the QMS of at least ten (10) government agencies, including at least one (1) judicial or one (1) quasi-judicial agency, to the ISO 9001:2015 standard.

5. Must submit its company profile, highlighting relevant projects, scope of work, and implementation methodology. The curriculum vitae of each proposed audit team member demonstrating their relevant audit experience and qualifications must also be provided.

6. Must adhere to the agreed scope of audit and deliverables.

7. Must deploy Audit Team composed of one (1) team leader and two (2) team members, in accordance with the qualifications and competencies of key personnel.

7.1. The key personnel of the CB shall have the following minimum qualifications:

Audit Team Leader Audit Team Member
Certification as a Lead Auditor for ISO 9001:2015 Certification as an Auditor for ISO 9001:2015
Minimum of ten (10) years of experience in leading ISO 9001 audits in both private and government institutions Minimum of five (5) years of experience in conducting ISO 9001 audits in both private and government institutions
At least ten (10) years of hands-on experience in auditing government services At least five (5) years hands-on experience in auditing government services
The team leader must have experience auditing at least one (1) judicial or one (1) quasi-judicial agency. Each team member must have experience auditing at least one (1) judicial or one (1) quasi-judicial agency.
Completion of at least a Master’s Degree relevant to management, public administration, industrial engineering, and/or other related fields Completion of at least a Bachelor’s Degree relevant to management, public administration, industrial engineering, and/or other related fields
Proficient in ISO 9001:2015 standards, principles, and practices Knowledgeable in ISO 9001:2015 standards, principles, and practices
Proficient in developing audit programs, preparing audit plans, and implementing audit schedules
Keen attention to detail in identifying non-conformities and areas for improvement and in providing recommendations for continual improvement Keen attention to detail in identifying non-conformities and areas for improvement and in providing recommendations for continual improvement
Proficient in using relevant tools and technologies necessary for data collection, analysis, and reporting Proficient in using relevant tools and technologies necessary for data collection, analysis, and reporting
Proven ability to lead and manage audit teams effectively Clear and concise in documenting findings
Excellent verbal and written communication skills for effective reporting of audit results Able to communicate information clearly and effectively to the auditees
Able to handle conflicts and maintain professional interaction with auditees

7.2 The Audit Team must be able to audit HSAC RABs located in various regions of the country.

8. Must be able to perform the required certification audit activities, including Stage 1 and Stage 2 Audits, and site inclusion, in accordance with the target date set by HSAC.

9. Must be able to conduct the surveillance audits based on the agreed surveillance audit program.

10. All information reviewed, recorded and obtained by the CB and its Audit Team during the three (3)-year certification period shall be treated with utmost confidentiality. Such information shall not be used for personal gain by the auditor or the audit client, or in any manner that is detrimental to the legitimate interests of the auditee. This includes the proper handling of sensitive or confidential information at all times.

The CB Audit Team and all personnel who are in contact with HSAC shall adhere to the CB’s established Code of Conduct, including the principles outlined in applicable international standards, in performing its certification services. This includes, but is not limited to, activities related to the certification audit, surveillance audits, and any administrative coordination with HSAC regarding audit-related matters.

The evaluation and shortlisting of qualified bidders shall be based on the following rating criteria:

Criteria Score
Applicable experience of the CB 50
A. Period of Existence of the Firm (10pts)

No. of Years Points
More than fifteen (15) years 10
Fifteen (15) years 5
Below fifteen (15) years will cause the disqualification of the bidder

B. With experience in auditing government agencies (10pts)

Scope Points
National-level office (Nationwide, Central Office) 10
Limited (Bureau, Regional Office, Service Office, LGU only) 5

C. With experience in handling similar projects, with one (1) judicial or one (1) quasi-judicial agency (15pts)

No. of Projects Points
Eleven (11) or more similar projects 15
Ten (10) similar projects 5
Below ten (10) similar projects will cause the disqualification of the bidder

D. With experience in certifying multi-site organizations (15pts)

No. of Projects Points
More than five (5) projects 15
One (1) to Five (5) projects 5

Qualification of personnel who will be assigned to the job vis-à-vis extent and complexity of the undertaking 40
A. Audit Team Leader

Qualification Points
Educational Attainment
Doctorate Degree 5
Master’s Degree 3
Auditing Experience
With more than ten (10) years of experience in leading ISO 9001 audits in both private and government institutions 5
With ten (10) years of experience in leading ISO 9001 audits in both private and government institutions 3
With more than ten (10) years of hands-on experience in auditing government services 5
With ten (10) years of hands-on experience in auditing government services 3
Audited more than one (1) judicial or one (1) quasi-judicial agency 5
Audited one (1) judicial or one (1) quasi-judicial agency 3

B. Audit Team Member 1

Qualification Points
Educational Attainment
Master’s Degree and above 2.5
Bachelor’s Degree 1.5
Auditing Experience
With more than five (5) years of experience in leading ISO 9001 audits in both private and government institutions 2.5
With five (5) years of experience in leading ISO 9001 audits in both private and government institutions 1.5
With more than five (5) years of hands-on experience in auditing government services 2.5
With five (5) years of hands-on experience in auditing government services 1.5
Audited more than one (1) judicial or one (1) quasi-judicial agency 2.5
Audited one (1) judicial or one (1) quasi-judicial agency 1.5

C. Audit Team Member 2

Qualification Points
Educational Attainment
Master’s Degree and above 2.5
Bachelor’s Degree 1.5
Auditing Experience
With more than five (5) years of experience in leading ISO 9001 audits in both private and government institutions 2.5
With five (5) years of experience in leading ISO 9001 audits in both private and government institutions 1.5
With more than five (5) years of hands-on experience in auditing government services 2.5
With five (5) years of hands-on experience in auditing government services 1.5
Audited more than one (1) judicial or one (1) quasi-judicial agency 2.5
Audited one (1) judicial or one (1) quasi-judicial agency 1.5

Current workload relative to capacity 10
The workload coinciding with this project:
Workload Points
Without current workload 10
With current workload of one (1) to four (4) projects 5
With current workload of five (5) to ten (10) projects 3

*Current workload relative to capacity pertains to the ongoing projects being handled by the CB.
GRAND TOTAL 100%
PASSING RATE 70%

The cut-off for the shortlisting is three (3) bidders.

VIII. SELECTION CRITERIA

The CB shall be selected using the Quality Cost Based Evaluation/Quality Cost Based Selection (QCBE/QCBS) Procedure in accordance with RA 12009, otherwise known as the “New Government Procurement Act (NGPA),” and its Implementing Rules and Regulations (IRR).

The technical and financial proposals will be rated based on the following criteria, with a minimum score of 70 points to pass:

1. Technical Proposal (85%)

The technical proposal will be divided into three (3) parts:
1.1 Experience and capability of the CB – includes a review of the track record of the firm based on the following:
1.2.1 Number of years as CB for ISO 9001:2015 QMS
1.2.2 Number of audited national government agencies/ institutions with nationwide scope (Central Office and Regional Offices)
1.2.3 Number of similar projects with at least one (1) judicial or one (1) quasi-judicial agency certified to ISO 9001:2015
1.2.4 Number of certified multi-site organizations

1.2 Qualification of the Audit Team – the audit team will be evaluated based on:
1.1.1 Years as Auditor for ISO 9001:2015
1.1.2 Highest Educational Attainment
1.1.3 ISO 9001:2015 QMS Auditor Course participated
1.1.4 Number of audited government agencies
1.1.5 Number of judicial or quasi-judicial agency audited

1.3 Methodology and Timeline – evaluation of the proposal will be assessed based on:
1.3.1 Completeness of the proposal
1.3.2 Appropriate tools and methodologies to deliver certification services to HSAC
1.3.3 Compliance with the project timeline relative to the current workload of the firm

Criteria Rating
Experience and Capability of the CB 40%
Qualification of the Audit Team 40%
Plan of Approach and Methodology 20%
Total 100%

2. Financial proposal (15%)

Each bidder shall submit their financial proposal not exceeding Three Million Eight Hundred Sixty-Four Thousand Eight Hundred Pesos (Php3,864,800.00), inclusive of all applicable taxes and fees. The financial proposal submitted by the CB shall cover all costs, including meals, travel and transportation, hotel accommodation, and other incidental expenses to be incurred by the CB.

IX. COST AND PAYMENT

The Approved Budget for the Contract (ABC) is Three Million Eight Hundred Sixty-Four Thousand Eight Hundred Pesos (Php3,864,800.00), inclusive of all applicable taxes and fees. All expenses related to meals, travel and transportation, hotel accommodation, and other incidental expenses incurred by the CB are included in the ABC. Any extension of contract time shall not involve any additional cost to HSAC.

The scheme below shall be observed for processing payments to the CB, subject to the submission of required outputs/deliverables accompanied by a billing statement:

Activity Portion of the Contract Price
Year 1 25% of the contract price
Alignment Meeting -
Submission of the Audit Program -
Conduct of On-site Certification (Stage 1 and Stage 2) Audit at the Central Office, RAB NCR, and RAB IV-B -
Submission of Audit Report 10%
Issuance of Certificates with frame 15%
Year 2 45% of the contract price
Conduct of On-site 1st Surveillance Audit and Site Inclusion of the Fourteen (14) Remaining RABs (CAR, I, II, III, IV-A, V, VI, VII, VIII, IX, X, XI, XII, and XIII) -
Submission of Audit Report 25%
Issuance of Attestation/Continued Certification and/or Certificates with frame for additional sites 20%
Year 3 30% of the contract price
Conduct of Onsite 2nd Surveillance Audit with sampling of seven (7) sites
Submission of Audit Report 20%
Issuance of Attestation/Continued Certification 10%
Total 100%

X. CONTRACT DURATION

The duration of the engagement of the CB shall be three (3) years and shall commence upon its receipt of the Notice to Proceed (NTP). The project timeline is as follows:

Item Description Deliverable/s Delivery Schedule
First Year - Recertification/Reassessment Audit
1 Conduct and Completion of Alignment Meeting Alignment Meeting August 2026 –
Within seven (7) working days from receipt of NTP

Item Description Deliverable/s Delivery Schedule
2 Submission of Audit Program Audit Program September 2026 –
Seven (7) working days after alignment meeting
3 Submission of Audit Plan Audit Plan September 2026 –
Seven (7) working days prior to the conduct of the earliest audit schedule
4 Conduct and Completion of On-site Stage 1 and Stage 2 Audits at the Central Office, RAB NCR, and RAB IV-B Certification Audit Report September to October 2026 –
Within thirty (30) calendar days from the completion of the Recertification/
Reassessment Audit
5 Issuance of ISO 9001:2015 Certificate Certification Letter

Three (3)
individually-framed ISO 9001:2015 Certificates of Registration or its equivalent October to November 2026 –
Within fifteen (15) calendar days from receipt of Certification Audit Report without non-conformities; or in case of non-conformities, 30 calendar days from submission by the HSAC of the corrective action plan that is determined by the CB as compliant
Second Year - 1st Surveillance Audit and Site Inclusion of the Remaining Fourteen (14) RABs
6 Submission of Audit Plan Audit Plan May 2027 –
Seven (7) working days prior to the conduct of the earliest audit schedule
7 Conduct and Completion of On-Site 1st Surveillance Audit and On-site Certification Audit at RABs CAR, I, II, III, IV-A, V, VI, VII, VIII, IX, X, XI, XII, and XIII 1st Surveillance and Certification Audit Reports October 2027 to January 2028 –
Within thirty (30) calendar days from the completion of the Certification and 1st Surveillance Audit

Item Description Deliverable/s Delivery Schedule
8 Issuance of ISO 9001:2015 Certificate Certification for the Fourteen (14) Remaining RABs and Reconfirmation Letter

Fourteen (14) individually-framed ISO 9001:2015 Certificates of Registration for additional sites, or its equivalent February 2028 –
Within fifteen (15) calendar days from receipt of Certification Audit Report without non-conformities; or in case of non-conformities, 30 calendar days from submission by the HSAC of the corrective action plan that is determined by the CB as compliant
Third Year - 2nd Surveillance Audit with sampling of seven (7) sites
9 Submission of Audit Plan Audit Plan May 2028 –
Seven (7) working days prior to the conduct of the earliest audit schedule
10 Conduct and Completion of On-site 2nd Surveillance Audit with sampling of seven (7) sites 2st Surveillance Audit Report October 2028 to January 2029 –
Within thirty (30) calendar days from the completion of the 2st Surveillance Audit with sampling of seven (7) sites
11 Issuance of ISO 9001:2015 Reconfirmation Letter Reconfirmation Letter February 2029 –
Within fifteen (15) calendar days from receipt of Certification Audit Report without non-conformities; or in case of non-conformities, 30 calendar days from submission by the HSAC of the corrective action plan that is determined by the CB as compliant

The above timeline may be subject to changes/adjustments, if warranted and necessary, as agreed by the CB and HSAC.

XI. DOCUMENTARY REQUIREMENTS

In addition to the documents required under the relevant provisions of the 2025 IRR of RA 12009, interested bidders must submit the following eligibility and shortlisting requirements:

The eligibility and short-listing documents are the following (Refer to the Checklist and Tabbing of Eligibility and Short-Listing Requirements on page 6):

1. Valid PhilGEPS Registration Certificate (Platinum Membership) (all pages) in accordance with Section 20.63.2 of the 2025 IRR of RA 12009 (Tab A); and
2. Short-listing Documents Submission Form accompanied by a duly notarized company’s Secretary’s Certificate or Special Power of Attorney, as applicable (Tab B, SLF 1 – submit duly accomplished prescribed form on page 30); and
3. Company Profile, which shall include a brief narrative on the number of years of existence of the firm and the services provided (Tab C); and
4. Valid and current accreditation certificate issued by the Department of Trade and Industry – Philippine Accreditation Bureau (DTI-PAB) under PNS ISO/ IEC 17021-1:2015, provision of QMS certification to ISO 9001:2015, for scope classified under IAF 36 – Public Administration (Tab D); and
5. Statement of all Government and Private Contracts Completed for the Past Five (5) years, beginning 21 May 2021 to 20 May 2026, whether similar or not similar in nature and complexity to the procurement project (Tab E, SLF2 – submit duly accomplished prescribed form on page 31); and
The bidder is required to:
a) List All Government and Private Contracts Completed from the most recent first; and
b) Attach photocopies of proof of satisfactory completion in Tab E; and
c) State proof of satisfactory completion submitted. The bidder may submit any of the following supporting documents:
 Certificate of Satisfactory Completion, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract; and
6. Statement of all Ongoing Government and Private Contracts, including Contracts Awarded but not yet Started for the Past Five (5) Years, beginning 21 May 2021 to 20 May 2026, whether similar or not similar in nature and complexity to the procurement project (Tab F, SLF3 – submit duly accomplished prescribed form on page 32); and
The bidder is required to:
a) List All Ongoing Government and Private Contracts from the most recent first; and
b) Attach photocopies of proof of contract award in Tab F; and
c) State proof of contract award. The bidder may select from any of the following applicable supporting documents:
 Notice of Award, or
 Notice to Proceed, or
 Signed Contract; and

7. Statement with proof of successful engagements with at least ten (10) government agencies, including one (1) judicial or one (1) quasi-judicial agency, certified to ISO 9001:2015 standard, beginning 21 May 2021 to 20 May 2026 (Tab G, SLF 4 – submit duly accomplished prescribed form on page 33); and
The bidder is required to:
a) Attach proof of successful engagements in Tab G; and
b) State proof of successful engagements submitted. The bidder may submit any of the following applicable supporting documents:
 Certificate of QMS Registration Issued, or
 Certificate of Satisfactory Completion, or
 Certificate/s of Final Acceptance/Completion from the Bidder’s clients, or
 End-User’s Acceptance, or
 Official Receipt/Service Invoice of Final Payment Issued for the Completed Contract; and

8. Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Leader (Tab H, SLF5A – submit prescribed form on page 34); and

Attach photocopies of applicable supporting documents in Tab H to evidence work experience, relevant training attended, educational attainment, and professional certifications:

8.1) Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
8.2) Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
8.3) Diploma; and
8.4) Professional certifications and/or licenses
 Professional License refers to a valid and current Professional Regulation Commission (PRC) License
 While professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements
The bidder shall state “none” if personnel have no professional certification or license; and

9. Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Member 1 (Tab I, SLF5B – submit prescribed form on page 37); and

Attach photocopies of applicable supporting documents in Tab I to evidence work experience, relevant training attended, educational attainment, and professional certifications:

9.1) Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
9.2) Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
9.3) Diploma; and
9.4) Professional certifications and/or licenses
 Professional License refers to a valid and current PRC License
 While professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements
The bidder shall state “none” if personnel have no professional certification or license; and

10. Notarized Curriculum Vitae for the Proposed Professional Staff: Audit Team Member 2 (Tab J, SLF5C – submit prescribed form on page 40); and

Attach photocopies of applicable supporting documents in Tab J to evidence work experience, relevant training attended, educational attainment, and professional certifications:

10.1) Certificate of Employment or similar documents (e.g. Certificate of Engagement); and
10.2) Certificate of Training programs attended or similar documents indicating the name of the personnel, training/event attended, period/inclusive dates, place, and number of hours; and
10.3) Diploma; and
10.4) Professional certifications and/or licenses
 Professional License refers to a valid and current PRC License
 Professional certification is a credential awarded to an individual who has demonstrated a specific level of knowledge, skills, and competence in a particular profession or field, and is usually granted by a recognized professional organization, industry body, or certifying agency after the individual meets certain requirements
The bidder shall state “none” if personnel have no professional certification or license; and

11. Statement of the Consultant’s Nationality (Tab K, SLF6 – submit prescribed form on page 43); and

12. If applicable, a duly signed Joint Venture Agreement (JVA), if 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 event that the bid is successful.

In case JVA is not applicable, kindly state “Not Applicable” for this requirement (Tab L).

XII. LIQUIDATED DAMAGES

If the CB fails to satisfactorily complete the services required under this Terms of Reference within the specified period, inclusive of duly granted time extensions, if any, the HSAC shall, without prejudice to its remedies under the contract and applicable laws, impose liquidated damages in an amount equal to one-tenth (1/10) of one percent (1%) of the cost of the unperformed portion of every day of delay.

Pursuant to Section 71.3.4 of the 2025 IRR of RA 12009, in case the sum of liquidated damages reaches ten percent (10%) of the contract amount, the HSAC reserves the right to rescind or terminate the contract, without prejudice to other courses of action and remedies available under the circumstances. In case the contract is rescinded or terminated, the HSAC may award the same to a qualified consultant through negotiated procurement. In addition to the liquidated damages, the erring CB’s performance security shall also be forfeited.

In case the delay in the completion of the services exceeds ten percent (10%) of the specified contract time plus any time extension duly granted to the CB, the HSAC may rescind the contract. It then forfeits the CS’s performance security and awards the same to a qualified consultant through negotiated procurement.

XII. DATA PRIVACY

The Winning Bidder must comply with all the provisions of RA 10173, also known as the “Data Privacy Act of 2012,” and its IRR.

XIII. NON-DISCLOSURE AGREEMENT

The Winning Bidder shall protect all Confidential Information pertaining to HSAC and shall use such information solely for the purpose of fulfilling its tasks and obligations under the Official Bid Document and/or Contract. Disclosure of any Confidential Information to any third party is strictly prohibited without the prior written consent of HSAC.

“Confidential Information” refers to any information concerning the affairs of HSAC that is not available to the public and which, if disclosed, may compromise its security or cause harm or damage.

The Winning Bidder shall not disclose any Confidential Information acquired during its engagement with HSAC even after the expiration or termination of the Contract.

Section VII. Philippine Bidding Document Related Forms

Technical Proposal Forms 132
Omnibus Sworn Statement 145
Financial Proposal Forms 151
Contract Form 158

TECHNICAL PROPOSAL FORMS

Notes for Consultants

The following summarizes the content and maximum number of pages permitted for the Technical Proposal. A page is considered to be one printed side of A4 or letter sized paper.

Cover Letter

Use TPF 1. Technical Proposal Submission Form.

Experience of the Firm

Maximum of three (3) pages introducing the background and general experience of the Consultant, including its partner(s).

Maximum of three (3) pages completed projects in the format of TPF 2. Consultant’s References illustrating the relevant experience of the Consultant, including its partner. No promotional material should be included.

General approach and methodology, work and staffing schedule

Use TPF 4. Description of the Methodology and Workplan for Performing the Project, TPF 5. Team Composition and Task, TPF 7. Time Schedule for Professional Personnel, and TPF 8. Activity (Work) Schedule.

a) Technical Approach and Methodology

Explain the Bidder’s understanding of the objectives of the assignment as outlined in the Terms of Reference (TOR). The technical approach and methodology that would be adopted to implement the required tasks should be in line with the Bidder’s technical methodology. Do not repeat or copy the TOR.

b) Work Plan

Outline the plan for the implementation of the main activities or tasks of the Project, the content and duration, phasing and interrelations, milestones (including interim approvals by the Procuring Entity), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing the Bidder’s understanding of the TOR and ability to translate this into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with TPF 8. Activity (Work) Schedule Form

c) Organization and Staffing

Describe the structure and composition of the team, including the list of technical or managerial staff, and administrative support staff.

Curriculum Vitae (CV)
Use TPF 6. Format of Curriculum Vitae (CV) for Proposed Professional Staff.

Comments and Suggestions on the Terms of Reference and on Data, Services, and Facilities.

Use TPF 3.

Preferably, comments or suggestions should not be more than 500 words using TPF 3. Nonetheless, failure to comply with the same shall not be a ground for disqualification. Non-submission or submission of this form in blank shall be considered as no comment or suggestion from the Consultant.

TPF 1. TECHNICAL PROPOSAL SUBMISSION FORM

[Date]

[Name and address of the Procuring Entity]

Ladies/Gentlemen:

We, the undersigned, offer to provide the Consulting Services for [Title of Project] in accordance with your Bidding Documents dated [insert date] and our Bid. We are hereby submitting our Bid, which includes this Technical Proposal, and a Financial Proposal sealed under a separate envelope.

In accordance with ITB Clause 22.1, we confirm that the information contained in the short-listing documents submitted earlier together with the Expression of Interest remain correct as of the date of bid submission.

If negotiations are held during the period of bid validity, i.e., before [insert date], we undertake to negotiate on the basis of the proposed staff listed in Technical Proposal Form 5 (TFP 5). Our bid is binding upon us and subject to the modifications resulting from contract negotiations.

In accordance with GCC Clause 52, we acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating to our Bid irrespective of whether we enter into a contract with the Procuring Entity as a result of this Bid or not.

We understand you are not bound to accept any Bid received for the selection of a consultant for the Project.

We acknowledge that failure to sign this Technical Proposal Submission Form and the abovementioned Financial Proposal Submission Form shall be a ground for the rejection of our Bid.

Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:

TPF 2. CONSULTANT’S REFERENCES

Relevant Services Carried Out by the Consultant
That Best Illustrate Qualifications

Using the format below, provide information on each project, public or private, 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:
No. of Staff:
Address:
No. 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:
No. 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: __________________________________

TPF 3. COMMENTS AND SUGGESTIONS OF CONSULTANT ON THE TERMS OF REFERENCE AND ON DATA, SERVICES, AND FACILITIES

On the Terms of Reference (TOR): (Suggest changes in the TOR, if any, to improve the quality or effectiveness of the assignment such as but not limited to the observations on scope and objectives; feasibility of methodologies and technical approaches; timeline and workplace, roles and responsibilities.)

On the data, services, and facilities to be provided by the Procuring Entity: (Suggest changes on the data, services, and facilities to be provided by the PE, if any, such as but not limited to the availability and accessibility of data; availability of office space and facilities, clarity on administrative and technical support; constraints or risks related to the Procuring Entity’s support.)

TPF 4. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE PROJECT

Guidance Note:

The Bidder is required to provide a detailed description of the technical approach, methodology and work plan, including a proposed organization and staffing for the performance and execution of the Project.

a) Technical Approach and Methodology

Explain the Bidder’s understanding of the objectives of the assignment as outlined in the Terms of Reference (TOR). The technical approach and methodology that would be adopted to implement the required tasks should be in line with the Bidder’s technical methodology. Do not repeat or copy the TOR.

b) Work Plan

Outline the plan for the implementation of the main activities or tasks of the Project, the content and duration, phasing and interrelations, milestones (including interim approvals by the Procuring Entity), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing the Bidder’s understanding of the TOR and ability to translate this into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with TPF 8. Activity (Work) Schedule Form

c) Organization and Staffing

Describe the structure and composition of the team, including the list of technical or managerial staff, and administrative support staff.

TPF 5. TEAM COMPOSITION AND TASK

Organizational Chart

The Bidder shall attach an organization chart of the key and support staff indicating their tasks in the project using TPF 5. Team Composition and Task.

1. Technical or Managerial Staff
No. Name Position Task

2. Administrative Support Staff
No. Name Position Task

Where applicable, indicate relationships among the Consultant and any partner, the Procuring Entity, the Funding Source and other parties or stakeholders.

Certification on Current Workload Relative to Capacity
I, the undersigned, representing [Name of Bidder], hereby certify that:
1. The [Name of Bidder] has the technical and managerial capacity, as well as the necessary expertise and resources, to successfully perform and complete the requirements of the procurement project for consulting services;
2. Based on the current workload for both Technical/Managerial and Administrative Support Staff, we confirm that the firm's current assignments do not hinder our ability to allocate sufficient qualified personnel and resources for the timely and effective delivery of the required services;
3. The remaining capacities of our key personnel and overall firm are sufficient to undertake this project without compromising the quality and timeliness of outputs.
This certification is issued in support of our bid and in compliance with the requirements of the procuring entity.
Done this ___ day of ____________, 202__, at ___________________________.
[Name and Signature]
Authorized Representative
[Position]
[Name of Bidder]
[Contact Information]

TPF 6. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position : Indicate [Audit Team Leader] OR [Audit Team Member]
Name of Firm :
Name of Staff :
Profession :
Date of Birth : Nationality :
Years with Firm/Entity : from [dd/mm/yyyy] to [dd/mm/yyyy]
Current Position in the Firm :

Membership in Professional Societies :

Detailed Tasks Assigned :

Key Qualifications:

[Give an outline of staff member’s experience and relevant training most pertinent to the tasks on project at hand and aligned with the technical qualifications or certifications mentioned in the SDS. Describe the degree of responsibility held by staff member on relevant previous projects and give dates and locations.]

Experience as ISO 9001 Auditor For (Start from the most recent)
Company Type of Project Date
(dd/mm/yyyy) Position
(State if Audit Team Leader, Audit Team Member, etc.) Location Actual Duties and Responsibilities
From
To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Trainings (Start from the most recent) –
Please attach Training Certificates or similar documents
Course Title Date
(dd/mm/yyyy) Location/Venue No. of Hours Conducted/
Sponsored by
From To
1.
2.
3.
4.
5. [Add details as may be necessary]

Relevant Certifications/Licenses (Start from the most recent) –
Please attach copy of Certificates/Licenses
Certification Valid Date
(dd/mm/yyyy) Certification Issued by
From To
1.
2.
3. [Add details as may be necessary]

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.]

Education (Start from the most recent) –
Please attach copy of Diploma
University/School Valid Date
(dd/mm/yyyy) Degree/Title Obtained
From To
1.
2.
3. [Add details as may be necessary]

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 the last ten (10) years, also give types of activities performed and client references, where appropriate. Use about two pages.]

Work Experience (Start from the most recent) –
Please attach copy of Certificate of Employment or similar documents
Company Inclusive Date Total
(Years, Month) Position Title Actual Duties and Responsibilities
From To
1.
2.
3.
4.
5.

Languages:

[For each language, indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.]

__________________________________________________________________________________________________________________________________________________

Certification:

I, [full name of the proposed professional staff], certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.

Commitment:

I also commit to work for the Project in accordance with the time schedule as indicated in the contract once the firm is awarded the Project.

Date:
[Signature Over Printed Name of Proposed Professional Staff] Day/Month/Year

Date:
[Signature Over Printed Name of the Firm’s authorized representative] Day/Month/Year

SUBSCRIBED AND SWORN to before me this __ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______.

Witness my hand and seal this ___ day of [month] [year].

NAME OF NOTARY PUBLIC

Notarial Commission No. ___________
Notary Public for ______ until _______
Roll of Attorneys No. _____
PTR No. __, [date issued], [place issued]
IBP No. __, [date issued], [place issued]

Doc. No. ___
Page No. ___
Book No. ___
Series of ____.

TPF 7. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL

Months (in the Form of a Bar Chart)
Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Full-time: ___________________________ Part-time: ________________________
Reports Due: ________________________
Activities Duration: ____________________
Location: ____________________________ Signature: ________________________
(Authorized representative)

Full Name: _______________________
Title: ____________________________
Address: _________________________

TPF 8. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items
[1st, 2nd, etc. are months from the start of project.]

1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

Activity (Work)
______________

______________

______________

______________

B. Completion and Submission of Reports

Reports Date

1) Inception Report
2) Interim Progress Report
a) First Status Report
b) Second Status Report
3) Draft Report
4) Final Report

Note: The reports submission timelines indicated in this table should correspond to those specified in the Terms of Reference (TOR). Bidders are advised to adjust the entries under Reports Matrix to accordingly reflect the actual deliverables and schedules required by the Procuring Entity.

OMNIBUS SWORN STATEMENT
[Note: The duly accomplished form shall be submitted with the Bid]

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

 
OMNIBUS SWORN STATEMENT 

 
I,  [Name of Affiant], of legal age, [Civil Status], [Nationality], and with residence at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that: 
 
1) Select one, delete the others: 

• If sole proprietorship: I am the sole proprietor or authorized representative of [Name of Bidder] with office address at [Address of Bidder]; 

• If partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [Address of Bidder]; 

• If individual consultant not registered under a sole proprietorship, in case of Consulting Services: I am the individual consultant or authorized representative of [Name of Bidder] with office address at [Address of Bidder]; 

2) Select one, delete the others: 

• If sole proprietorship: As the owner and sole proprietor or authorized representative of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Project Title] of the [Name of the Procuring Entity][insert “as supported by the attached duly notarized Special Power of Attorney” for authorized representative]; 

• If partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Project Title] of the [Name of the Procuring Entity], as supported by the attached duly notarized Special Power of Attorney, Board/Partnership Resolution, or Secretary’s Certificate, whichever is applicable;  

• If individual consultant not registered under a sole proprietorship, in case of Consulting Services: As the individual consultant or authorized representative of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Project Title] of the [Name of the Procuring Entity], as supported by the attached duly notarized Special Power of Attorney for authorized representative;  

3) [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;  by itself or by relation, membership, association, affiliation, or controlling interest with another blacklisted person or entity;  

4) Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; 

5) [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted; 

6) Select one, delete the others: 

• If sole proprietorship : The [Name of Bidder] and its spouse are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), or the End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat;

• If partnership : The partnership itself and the partners of [Name of Bidder] are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), or the End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat;

• If cooperative: The cooperative itself and members of the board of directors, general manager, or chief executive officer of [Name of Bidder] are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), or the End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat;

• If corporation, or joint venture: The corporation or joint venture itself, and officers, directors, controlling stockholders and beneficial owners of [Name of Bidder ] are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat;

• If individual consultant not registered under a sole proprietorship, in case of Consulting Services: The individual consultant and its spouse are not related by consanguinity or affinity up to the third civil degree to the Head of the Procuring Entity, Procurement Agent (if engaged), End-User or Implementing Unit, project consultants, head of the Project Management Office, or the members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat;

7) It is understood that failure to faithfully disclose its relationship with the Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit or implementing unit, and the project consultants of the Procuring Entity, or of the procurement agent by consanguinity or affinity up to the third civil degree, as well as its submission of beneficial ownership information containing false entries shall be subject to blacklisting under Section 100 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 12009, without prejudice to criminal and civil liabilities under applicable laws, including their accessory penalties, if any.
Select one, delete the rest: 
• In case of corporations: [Name of Bidder] declares its beneficial ownership information consistent with its updated General Information Sheet or Beneficial Ownership Declaration Form or any other document duly submitted to the SEC and has maintained a valid and updated file therein in compliance with Sections 20.2.9.1, 81, and 82 of the IRR of RA No. 12009.
• In case of Foreign Bidders: [Name of Bidder] submitted an appropriate equivalent document in English issued by the country of the bidder concerned in accordance with Section 20.2.9.2 of the IRR of RA No. 12009.
8) [Name of Bidder] complies with existing labor laws and standards; and 

9) [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: 
 
a) Carefully examine all of the Bidding Documents; 

b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract; 

c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and 

d) Inquire or secure Supplemental Bid Bulletin(s) issued for the [Project Title]. 
 
10) [Name of Bidder] did not give or pay directly or indirectly, any commission, amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity. 

11) In case advance payment was made or given to [Name of Bidder], failure to perform or deliver any of the obligations and undertakings in the contract shall be sufficient grounds to constitute criminal liability under existing laws.

 
IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at ____________, Philippines. 
 
Duly authorized to sign the Bid for and behalf of:
[Insert Bidder’s Name]
[Affiant’s Signature over Printed Name]
[Position/Designation]
[Date]

JURAT

SUBSCRIBED AND SWORN to before me this _____ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______.  
 
WITNESS MY HAND AND SEAL this ___ day of [month] [year].  

 
NAME OF NOTARY PUBLIC   
Notarial Commission No. ___________  
Notary Public for ______ until _______  
Roll of Attorneys No. _____  
PTR No. __, [date issued], [place issued]  
IBP No. __, [date issued], [place issued]  

Doc. No. ________ 
Page No. _______  
Book No. _______ 
Series of _______. 

* This form will not apply for WB funded projects

Bid Securing Declaration Form
[The duly accomplished form shall be submitted with the Bid
if bidder opts to provide this type of bid security]

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ____________________ ) S.S.

BID SECURING DECLARATION
Project Identification No.: REI-CO-26-01

To: [Insert name of the Procuring Entity]

I/We, the undersigned, declare that:

1) I/We understand that, according to your conditions, bids must be supported by a Bid Security, which may be in the form of a Bid Securing Declaration;

2) I/We accept that:

a) I/We shall enter into contract with the Procuring Entity and furnish the required performance security within ten (10) calendar days as indicated in the Bidding Documents, from receipt of the Notice of Award or Declaration of Original Offeror;

b) I/we will be automatically disqualified from bidding for any procurement contract with any Procuring Entity upon receipt of your Blacklisting Order; and

c) I/We will pay the applicable fine within fifteen (15) days from receipt of the written demand by the Procuring Entity for the commission of acts resulting to the enforcement of the Bid Securing Declaration under Sections 52.2 (a), 63.2, 69.1 and 100, except 100.3 (c), of the IRR of RA No. 12009; without prejudice to other legal action the government may undertake; In case of an original offeror

Applicable Fine
a) in the case of a single bidder i) two percent (2%) of the Approved Budget for the Contract (ABC); or
ii) the difference between the evaluated bid price and the ABC whichever is higher
b) in the case of multiple bidders i) two percent (2%) of the ABC; or
ii) the difference between the evaluated bid prices with the bidder with Lowest Calculated/Highest Rated Bid and the bidder with the next Lowest Calculated/Highest Rated Bid, and so on whichever is higher

c) in case of violations committed prior to the opening of the financial envelope i) a fixed amount of two percent of the ABC,

3) I/We understand that this Bid Securing Declaration shall cease to be valid on the following circumstances:

a) Upon expiration of the bid validity period, or any extension thereof pursuant to your request;

b) I am/we are declared ineligible or post-disqualified upon receipt of your notice to such effect, and (i) I/we failed to timely file a request for reconsideration or (ii) I/we filed a waiver to avail of said right;

c) I am/we are declared the bidder with the [Insert Award Criterion ] and I/we have furnished the performance security and signed the Contract.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand/s this ____ day of [month] [year] at [place of execution].

Duly authorized to sign the Bid for and behalf of:

[Insert Bidder’s Name]
[Signature over Printed Name]
[Position/Designation]
[Date]

JURAT

SUBSCRIBED AND SWORN to before me this _____ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______.  
 
WITNESS MY HAND AND SEAL this ___ day of [month] [year].  
 
NAME OF NOTARY PUBLIC   
Notarial Commission No. ___________  
Notary Public for ______ until _______  
Roll of Attorneys No. _____  
PTR No. __, [date issued], [place issued]  
IBP No. __, [date issued], [place issued]  

Doc. No. ________ 
Page No. _______  
Book No. _______ 
Series of _______. 

FINANCIAL PROPOSAL FORMS

Notes for Consultants

The following summarizes the content of the Financial Proposal.

Cover Letter

Use FPF 1. Financial Proposal Submission Form, which is an acknowledgement that, in preparation and submission of the Technical and Financial Proposals, Consultants have:

a) followed the applicable rules and guidelines indicated in this ITB;

b) not taken any action which is or constitutes a corrupt, fraudulent, or coercive practice as defined in the applicable rules and guidelines; and

c) agree to allow the Procuring Entity and the Funding Source, at their option, to inspect and audit all accounts, documents, and records relating to its Bid and to the performance of the ensuing contract.

Costs of Consulting Services

Use FPF 2. Summary of Costs; FPF 3. Breakdown of Price per Activity; FPF 4. Breakdown of Remuneration per Activity; FPF 5. Reimbursables per Activity; and FPF 6. Miscellaneous Expenses.

REMINDERS:

a) Consultants are advised to observe the following instructions when completing the FPFs

FPF 1
Indicate the base financial proposal and the estimated taxes in both words and figures.

FPF 2 Ensure that the base financial proposal and local taxes are consistent with the amounts stated in FPF 1.

FPF 3 to FPF 6
Indicate both the base proposal and the corresponding local taxes.

b) Ensure that all amounts indicated in the FPFs are consistent and do not exceed the ABC.

c) For lumpsum contracts, FPF 3, 5, and 6 shall not be submitted.

FPF 1. FINANCIAL PROPOSAL SUBMISSION FORM

[Date]

[Name and address of the Procuring Entity]

Ladies/Gentlemen:

We, the undersigned, offer to provide the Consulting Services for [Title of Project] in accordance with your Bidding Documents dated [insert date] and our Bid (Technical and Financial Proposals). Our attached Financial Proposal is for the sum of [amount in words and figures]. This amount is inclusive of all taxes, national or local, such as but not limited to value-added tax (VAT), income tax, local taxes, and other fiscal levies and other duties.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to expiration of the bid validity period, i.e., [Date].

In accordance with GCC Clause 52, we acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating to our Bid irrespective of whether we enter into a contract with the Procuring Entity as a result of this Bid.

We confirm that we have read, understood and accept the contents of the Instructions to Bidders (ITB), the Bid Data Sheet (BDS), General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Terms of Reference (TOR), the provisions relating to the eligibility of Consultants and the applicable guidelines for the procurement rules of the Funding Source, any and all Bid bulletins issued and other attachments and inclusions included in the Bidding Documents sent to us.

We understand you are not bound to accept any Bid you receive.

Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:
FPF 2. SUMMARY OF COSTS

Costs Currency(ies) Amount in Philippine Peso

Subtotal / Base Financial Proposal

Local Taxes

Total Amount of Financial Proposal

______________________

Note: The Subtotal/Base Financial Proposal and Local Taxes must be consistent with the corresponding amounts indicated in FPF 1.

FPF 3. BREAKDOWN OF PRICE PER ACTIVITY

Activity No.:____________________
Description: __________________________________________________

Price Component Currency(ies) Amount in Philippine Peso

Remuneration

Reimbursables

Miscellaneous Expenses

Subtotal

____________________________

Note:
• Lump-Sum Contracts: Payments are based on output or deliverables. The price should cover all costs and be broken down by activity; no need to itemize reimbursables or miscellaneous expenses.
• Reimbursable and Miscellaneous expenses may be broken down by activity in Time-Based Contracts , Actual Cost Reimbursables ; and Fixed-Rate Reimbursables.

FPF 4. BREAKDOWN OF REMUNERATION PER ACTIVITY

Activity No._____________________________________ Name:______________________________

Names

Position

Input
Remuneration
Currency(ies) Rate

Amount

Regular staff

Local staff

Consultants, local or foreign

Grand Total

_________________

Note: The names submitted for TPF 6 should be consistent with those provided in this form.
FPF 5. REIMBURSABLES PER ACTIVITY

Activity No:_________________________________ Name:_____________________

No. Description Unit Quantity Unit Price In Total Amount In
1.

2.

3.

4.

5.

6 International flight

{Airfare (Economy Class) - Roundtrip economy airfare}

Miscellaneous travel expenses

{Travel insurance}

Subsistence allowance

{Per diem (meals and incidentals)}

Local transportation costs

{Taxi/ Ride hailing}

Office rent/communication expenses/
clerical assistance

{Hotel accommodation}

Miscellaneous expenses

{Acquisition of Software License}

Grand Total

Trip

Trip

Day

Trip

Day

Device

{2 (two)}

{2 (two)}

{10 (ten)}

{5 (five)}

{10 (ten)}

{10 (ten)}

{Php 20,000.00 per trip}

{Php 2,000.00 per trip}

{Php 2,500.00 per day}

{Php 2,500.00 per trip}

{Php 5,000.00 per day}

{Php 2,500.00 per device}

{Php 40,000.00}

{Php 4,000.00}

{Php 25,000.00}

{Php 10,000.00}

{Php 50,000.00}

{Php 25,000.00}

{Php 154,000.00}
Disclaimer:
• The reimbursable expenses listed above are indicative only and must fully comply with the provisions outlined in the Terms of Reference. Notes to Consultant shown in brackets { } to provide guidance in the preparation of this Form should not appear on the Proposals to be submitted.
FPF 6. MISCELLANEOUS EXPENSES

Activity No.______________________ Activity Name: ________________________

No.

1.

2.

3.

4.
Description

Communication costs between
____________________and
______________________
(e.g., telephone, mobile phone load / data plan, portable Wi-Fi rental or subscription, videoconferencing subscription)

Drafting, reproduction of reports
(e.g., photocopying, printing of reports, large format printing, transcription services)

Equipment expenses
(e.g., vehicle rental, fuel, computers, printer, audiovisual equipment)

Software

Grand Total
Unit Quantity Unit Price Total Amount

_______

Note:

• During implementation, please provide supporting documents that comply with budgeting, accounting, and auditing laws, rules, and regulations (e.g., official receipts) and are permitted under the Terms of Reference (TOR).

CONTRACT FORM
[Note: The duly accomplished form is not required to be submitted with the Bid but shall be
submitted within ten (10) calendar days after receiving the Notice of Award]

CONTRACT FOR [Insert Project Title]

This CONTRACT executed on the _____ day of __________ 20_____ by and between:

[Name of Procuring Entity], a government agency of the Republic of the Philippines, hereinafter called “the Entity”;

-and-

[Name of Supplier /Contractor/ Consultant] Filipino of legal age or a company duly organized and existing under the laws of [city and country], with principal office at [insert address], hereinafter called “the Supplier/Contractor/Consultant”.

WHEREAS, the Entity invited Bids for certain goods and services/works/consulting services, particularly [Brief description of Project];

WHEREAS, the Supplier/Contractor/Consultant submitted a responsive bid and was awarded the contract for the procurement in the total amount of [Contract price in words and figures, including currency], hereinafter referred to as the “Contract Price.”

NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree as follows:

1) Unless otherwise stated, terms and expressions used in this Contract shall have the same meanings as those assigned to them in the Conditions of Contract, which form an integral part of this Contract.

2) The following documents as required by the Implementing Rules and Regulations of Republic Act No. 12009 shall form part and be read and construed as integral parts of this Contract, viz.:

a) Philippine Bidding Documents (PBD); [Select one, delete the others]

• For Procurement of Goods

i) Invitation to Bid;
ii) Instruction to Bidders;
iii) Bid Form, including all the documents/statements contained in the Bidder’s bidding envelopes, as annexes, and all other documents submitted (e.g., Bidder’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation;
iv) Bid Data Sheet;
v) Schedule of Requirements;
vi) Technical Specifications;
vii) General and Special Conditions of Contract;
viii) Supplemental Bid Bulletins, if any; and
ix) Other contract documents that may be required by existing laws and/or the Entity.

• For Procurement of Infrastructure Projects

i) Drawings/Plans;
ii) Scope of Work;
iii) Invitation to Bid;
iv) Instructions to Bidders;
v) Bid Data Sheet;
vi) Bid Form, including all the documents/statements contained in the Bidder’s bidding envelopes, as annexes, and all other documents submitted (e.g., Bidder’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation;
vii) Bill of Quantities;
viii) General and Special Conditions of Contract;
ix) Supplemental Bid Bulletins, if any; and
x) Other contract documents that may be required by existing laws and/or the Entity.

• For Procurement of Consulting Services

i) General and Special Conditions of Contract;
ii) Terms of Reference;
iii) Request for Expression of Interest;
iv) Instructions to Bidders;
v) Bid Data Sheet;
vi) Addenda and/or Supplemental Bid Bulletins, if any;
vii) Bid form, including all the documents/statements contained in the Bidder’s bidding envelopes, as annexes, and all other documents/ statements submitted (e.g., bidder’s response to request for clarifications on the bid), including corrections to the bid, if any, resulting from the Procuring Entity’s bid evaluation;
viii) Eligibility requirements, documents and/or statements; and
ix) Other contract documents that may be required by existing laws and/or the Entity.

b) Winning bidder’s bid, including the Eligibility Requirements, Technical and Financial Proposals, and all other documents or statements submitted;

c) Performance Security;

d) Notice of Award of Contract; and the Bidder’s Conforme thereto; and

e) Other contract documents that may be required by existing laws and/or the Procuring Entity concerned in the PBD, such as but not limited to the Notice to Proceed and Warranty Security.

3) In consideration of the Contract Price of [Contract Price in words and figures], or such other sums as may be determined in accordance with the terms of the Contract, the Supplier/Contractor/Consultant agrees to deliver and perform the items and related services for the [Project Title] described herein in accordance with the terms and conditions specified in the Contract and its annexed documents.

4) The [Name of the Procuring Entity] agrees to pay the above-mentioned sum to the Supplier/Contractor/Consultant in accordance with the schedule and manner provided in the Bidding Documents and its annexes.

5) Any dispute, difference, or claim arising out of or relating to this Contract, including its existence, validity, interpretation, breach, or termination thereof, may be submitted to arbitration or other form of alternative dispute resolution in accordance with the applicable law, such as Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004) or Executive Order No 1008, series 1985 (Construction Industry Arbitration Law).

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written.

For the Procuring Entity For the Bidder
Head of the Procuring Entity or Duly Authorized Representative

[Signature over Printed Name]
[Position/Designation]
[Date]
Duly authorized to sign the Contract for and behalf of [Bidders Name]:

[Signature over Printed Name]
[Position/Designation]
[Date]

Signed in the presence of:

[Name and Signature]
Witness – Procuring Entity
[Name and Signature]
Witness- Supplier

ACKNOWLEDGMENT 

BEFORE ME, A Notary Public for and in the _______________________, City/Province of _____________________, this ______ day of _____________, 20______, personally appeared the above-named persons who have satisfactorily proven to me their identity, through their identifying documents written below their names and signatures, that they are the same persons who executed and voluntarily signed the foregoing instrument consisting of ____ pages, including this page where this Acknowledgement is written, which they acknowledged before me as their free and voluntary act and deed.
 

WITNESS MY HAND AND SEAL this ___ day of [month] [year].  

NAME OF NOTARY PUBLIC   
Notarial Commission No. ___________  
Notary Public for ______ until _______  
Roll of Attorneys No. _____  
PTR No. __, [date issued], [place issued]  
IBP No. __, [date issued], [place issued]  

Doc. No. _______
Page No. _______
Book No. _______
Series of _______ 

Section VIII. Appendices

I. Description of Services

Give detailed descriptions of the Services to be provided, dates for completion of various tasks, place of performance for different tasks, specific tasks to be approved by Client, etc.

II. Reporting Requirements

List format, frequency, and contents of reports; persons to receive them; dates of submission; etc. If no reports are to be submitted, state here “Not applicable.”

III. Key Personnel

List under:

1) Titles [and names, if already available], detailed job descriptions and minimum qualifications, and staff-months of service, and estimated periods of engagement for each, including a copy of a satisfactory medical certificate.

2) Same information as in no. 1 for Key foreign Personnel to be assigned to work outside the Government’s country.

3) Same information as in no.1 for Key Local Personnel.

IV. Breakdown of Contract Price

List here the elements of cost, including expenditures in foreign currency(ies) denominated and payable in Philippine Peso, used to arrive at the itemized breakdown of the contract price:

1) Monthly rates for Personnel (Key Personnel and other Personnel)

2) Reimbursable expenditures

3) Applicable taxes

V. Services and Facilities Provided by the Client

Provide a detailed description of the services and facilities to be made available to the Consultant, and the time and manner of their availment.

VI. Consultant’s Representations Regarding Costs and Charges

Breakdown of Remuneration Rates, WB funded projects using Quality Based Selection, Selection Based on the Consultant’s Qualifications and Single Source Selection.

1) Review of Remuneration Rates

a) The remuneration rates for staff are made up of salary, social costs, overheads, fee that is profit, and any premium or allowance paid for projects away from headquarters. To assist the Consultant in preparing for financial negotiations, a sample form giving a breakdown of rates is attached (no financial information should be included in the Technical Proposal). Agreed breakdown sheets shall form part of the negotiated contract.

b) The Procuring Entity is charged with the custody of Government funds and is expected to exercise prudence in the expenditure of these funds. The Procuring Entity is, therefore, concerned with the reasonableness of the firm’s Financial Proposal, and, during negotiations, it expects to be able to review audited financial statements backing up the Consultant’s remuneration rates, certified by an independent auditor. The Consultant shall be prepared to disclose such audited financial statements for the last three years, to substantiate its rates, and accept that its proposed rates and other financial matters are subject to scrutiny. Rate details are discussed below.

c) Salary

This is the gross regular cash salary paid to the individual in the Consultant’s home office. It shall not contain any premium for work away from headquarters or bonus (except where these are included by law or government regulations).

i) Bonus

Bonuses are normally paid out of profits. Because the Procuring Entity does not wish to make double payments for the same item, staff bonuses shall not normally be included in the rates. Where the Consultant’s accounting system is such that the percentages of social costs and overheads are based on total revenue, including bonuses, those percentages shall be adjusted downward accordingly. Where national policy requires that thirteen (13) months’ pay be given for twelve (12) months’ work, the profit element need not be adjusted downward. Any discussion on bonuses shall be supported by audited documentation, which shall be treated as confidential.

ii) Social Costs

Social costs are the costs incurred by the Consultant for the non-monetary benefits provided to its staff. These items include, inter alia, pension, medical and life insurance costs, and the cost of a staff member being sick or on vacation. In this regard, the cost of leave for public holidays is not an acceptable social cost nor is the cost of leave taken during the Contract if no additional staff replacement has been provided. Additional leave taken at the end of the Contract in accordance with the Consultant’s leave policy is acceptable as a social cost.

iii) Cost of Leave

The principles of calculating the cost of total days leave per annum as a percentage of basic salary shall normally be as follows:

Leave cost as percentage of salary =

It is important to note that leave can be considered a social cost only if the Procuring Entity is not charged for the leave taken.
iv) Overheads

Overhead expenses are the firm’s business costs that are not directly related to the execution of the project and shall not be reimbursed as separate items under the Contract. Typical items are home office costs (partner’s time, non-billable time, time of senior staff monitoring the project, rent, support staff, research, staff training, marketing, etc.), the cost of staff not currently employed on revenue-earning projects, and business promotion costs. During negotiations, audited financial statements, certified as correct by an independent auditor and supporting the last three years’ overheads, shall be available for discussion, together with detailed lists of items making up the overheads and the percentage by which each relates to basic salary. The Procuring Entity does not accept an add-on margin for social charges, overhead expenses, etc., for staff who are not permanent employees of the firm.

v) Fee or Profit

The fee or profit shall be based on the sum of the salary, social costs, and overhead. If any bonuses paid on a regular basis are listed, a corresponding reduction in the profit element shall be expected. Fee or profit shall not be allowed on travel or other reimbursable expenses, unless in the latter case an unusually large amount of procurement of equipment is required. The Consultant shall note that payments shall be made against an agreed estimated payment schedule as described in the draft form of the Contract.

vi) Away from Headquarters Allowance or Premium

Some consultants pay allowances to staff working away from headquarters. Such allowances are calculated as a percentage of salary and shall not draw overheads or profit. Sometimes, by law, such allowances may draw social costs. In this case, the amount of this social cost shall still be shown under social costs, with the net allowance shown separately. For concerned staff, this allowance, where paid, shall cover home education, etc.; these and similar items shall not be considered as reimbursable costs.

vii) Subsistence Allowances

Subsistence allowances are not included in the rates, but are paid separately and in local currency. No additional subsistence is payable for dependents ¾ the subsistence rate shall be the same for married and single team members.

UNDP standard rates for the particular country may be used as reference to determine subsistence allowances.

2) Reimbursables

The financial negotiations shall further focus on such items as out-of-pocket expenses and other reimbursables. These costs may include, but are not restricted to, the cost of surveys, equipment, office rent, supplies, international and local travel, computer rental, mobilization and demobilization, insurance, and printing. These costs may be either fixed or reimbursable in foreign or local currency.

3) Bank Guarantee

Payments to the Consultant, including payment of any advance based on cash flow projections covered by a bank guarantee, shall be made according to an agreed estimated schedule ensuring the firm regular payments in local and foreign currency, provided the services proceed as planned.

VII. BREAKDOWN OF AGREED FIXED RATES

[Currencies:_________ ]

Consultants 1 2 3 4 5 6 7 8
Name Position Basic Rate Social Charge
(__% of 1) Overhead
(__% of 1) Subtotal Fee
(__% of 4) Away from Headquarters Allowance
(__ % of 1) Total
Agreed Fixed Rate Agreed Fixed Rate
(__ % of 1)
Philippines

Home Office

Signature of Consultant:________________________ Date:___________________
Authorized Representative:_____________________ Name:___________________
Title:______________________

Annex “B”
Submission of Technical and Financial Proposals
All submissions must be contained in one (1) outer envelope

Each signed and sealed envelope shall be labeled as follows:

ATTENTION:
The Bids and Awards Committee (BAC)
Human Settlements Adjudication Commission (HSAC)
c/o The BAC Secretariat
6F HLURB Bldg., Kalayaan Ave. corner Mayaman St.
Diliman, Quezon City

Name of Project: Consulting Services for the Engagement of a Certification Body for the Certification and Surveillance Audits of HSAC’s QMS to ISO 9001:2015 in the Central Office, RAB NCR and RAB IV-B, and Site Inclusion of the Fourteen (14) Remaining RABs
Project Reference No.: REI-CO-26-01
Submitted by: Name of Bidder’s Company and Signature of Representative
Address of Bidder: [Please provide Bidder’s Address]

“DO NOT OPEN BEFORE: 29 June 2026 – 10:00am


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