PROCUREMENT OF SECURITY SERVICES REQUIREMENT ... - NFA

Republic of the PhilippinesNATIONAL FOOD AUTHORITYRegional Office No. VLegazpi CityPROCUREMENT OF SECURITY SERVICESREQUIREMENT OF NFA REGION VFOR CY 20131

INVITATION TO BIDFOR THE PROCUREMENT OF NFA REGION VSECURITY SERVICES REQUIREMENTCOVERING FEBRUARY TO DECEMBER 2013The National Food Authority through its 2013 Corporate Operating Budget (COB) intends to apply thesum of Twenty Four Million Seventy Five Thousand Two Hundred Seven Pesos(Php24,075,207.00)(Eleven Months Only), inclusive of VAT, being the Approved Budget for theContract (ABC) to payments under the contract for the Procurement of NFA Region V Security Services.Bids received in excess of the ABC shall be automatically rejected at bid opening.NFA now invites bids for Security Services with the following specifications:LotNo.1LocationNo. ofGuardsTotal ApprovedBudget for theContract (PhP)inclusive of VATALBAY 54 7,605,546.00CAM. NORTE 17 2,408,874.00CAM. SUR 43 6,401,109.00CATANDUANES 13 1,718,691.00MASBATE 19 2,368,275.00SORSOGON 24 3,572,712.00170 Php24,075,207.00Bid Security:Cash/CC-MCBank draft/Guarantee or ILC(2%)Php481,504.14Bid Security: SuretyBond (5%)Php1,203,760.35Bidding will be conducted through open competitive bidding procedures using a non-discretionary“pass/fail” criterion as specified in the Implementing Rules and Regulations (IRR) of Republic Act (RA)9184, otherwise known as the “Government Procurement Reform Act”.Bidding is restricted to Filipino Citizens/sole proprietorships, partnerships, or organizations with at leastsixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines.Prospective bidders must be duly licensed SEC registered Security Agencies who can meet the followingminimum requirements:1. In the Security agency business for at least five (5) years and still in operation With a net ofcombined assets equivalent to twenty five (25%) percent of the ABC as certified by anindependent Auditor and shown in, among others, the Audited Financial Statement and BalanceSheet stamped “received” by the Bureau of Internal Revenue (BIR) or its duly accredited andauthorized institutions for the year 2011.2. Must have valid and current Regular (Not Provisional) License to Operate (LTO) a PrivateSecurity Agency issued by the PNP-SOSIA.3. Must have a valid Certificate of Good Standing duly issued by the Philippine Association ofDetectives and Protection Agency Operators as of the month prior to the publication ofInvitation to Bid;2

4. Must have a final Certificate of Completed Contract/Acceptance for all contracts entered into bythe contractor with NFA or any of its regional offices and stating that the agency hassatisfactorily completed the requirement of the contract.5. Not currently under suspension with NFA or blacklisted by any government agency or office.6. Must be registered with Phil-Geps. and7. Must meet the Additional Set of Technical Parameters.A complete set of Bidding Documents may be purchased by interested Bidders or through their dulyauthorized representatives starting December 27, 2012 until January 16, 2013, weekdays only from 8:00AM – 5:00 PM from the NFA Region V BAC Secretariat upon payment of a non-refundable bidding fee (incash only) of P25,000.00It may also be downloaded and reprinted free of charge from the website of the Philippine GovernmentElectronic Procurement System (PhilGEPS) (www.philgeps.net) and the website of the National FoodAuthority (www.nfa.gov.ph), provided that Bidders shall pay the non-refundable fee for the BiddingDocuments not later than the submission of their bids.The NFA Region V will hold a Pre-Bid Conference on January 4, 2013, 10:00 AM at the NFA Region VConference Room, 3 rd Floor, NFA, Pier Site, Legazpi City which shall be open only to all interested partieswho have purchased the Bidding Documents. Bidders may submit their query/ies, if any, in writing tothe BAC Secretariat through Fax No. (052) 480-7900 not later than ten (10) days prior to the submissionand opening of bid documents.Bids must be delivered to the address below not later than 10:00 AM on January 16, 2013. All bids mustbe accompanied by a Bid Security in any of the acceptable forms and in the amount stated in ITB Clause18.Bid opening shall be at 10:00 AM onwards on January 16, 2013 at the NFA Regional Office V ConferenceRoom, 3 rd Floor, Pier Site, Legazpi City. Bids will be opened in the presence of the participating or theBidder’s representatives who choose to attend at the address below. Late bids shall not be accepted.The particulars relative to Eligibility, Bid Bond, Performance Bond, Pre-Bid Conference, Bid Evaluationand Award of contract shall be governed by the provisions of R.A. 9184 and its revised implementingrules and regulations.NFA Region V reserves the right to reject any or all bids, declare a failure of bidding, waive any defects orinformalities therein and/or accept the offer/s most advantageous and beneficial to the government.Further, the NFA assumes no responsibility whatsoever to compensate or indemnify the prospectivebidders for any expenses incurred in the processing of their eligibility to bid and/or in the preparation ofthe bid, if the fund/allotment for said program/project/activity has been withheld or reduced throughno fault of its own. (GPPB Circular No. 01-2009, dated January 20, 2009). For further information, pleaserefer to:3

RENATO Y. SANEDRIN, MNSA / ALDA PAPAAsst. Regional Manager and RBAC Chairperson/Chairperson, RBAC SecretariatNational Food AuthorityRegional Office V, Pier Site, Legazpi CityTel. No. (052) 480-7933/480-7122Fax No. (052) 480-7900E-mail: nfaro5_leg@yahoo.com.phRENATO Y. SANEDRIN, MNSAAsst. Regional Manager/RBAC ChairpersonPostings from December 27, 2012 until January 16, 2013,at the PhilGEPS, NFA Website & Bulletin BoardsAdvertized @ Philippine Star on December 27, 20124

Section IIInstructions to Bidders5

TABLE OF CONTENTSA. GENERAL ....................................................................................................................................... 81. Scope of Bid ...................................................................................................................... 82. Source of Funds ................................................................................................................ 83. Corrupt, Fraudulent, Collusive, and Coercive Practices ...................................................... 84. Conflict of Interest ............................................................................................................ 95. Eligible Bidders ................................................................................................................ 106. Bidder’s Responsibilities .................................................................................................. 117. Origin of Goods ............................................................................................................... 128. Subcontracts ................................................................................................................... 12B. CONTENTS OF BIDDING DOCUMENTS ................................................................................................. 129. Pre-Bid Conference ......................................................................................................... 1210. Clarification and Amendment of Bidding Documents....................................................... 13C. PREPARATION OF BIDS .................................................................................................................... 1311. Language of Bid ............................................................................................................... 1312. Documents Comprising the Bid: Eligibility and Technical Components ............................. 1313. Documents Comprising the Bid: Financial Component ..................................................... 1414. Alternative Bids ............................................................................................................... 1515. Bid Prices ........................................................................................................................ 1516. Bid Currencies ................................................................................................................. 1617. Bid Validity ...................................................................................................................... 1618. Bid Security ..................................................................................................................... 1619. Format and Signing of Bids .............................................................................................. 1820. Sealing and Marking of Bids ............................................................................................ 18D. SUBMISSION AND OPENING OF BIDS .................................................................................................. 1921. Deadline for Submission of Bids ...................................................................................... 1922. Late Bids ......................................................................................................................... 1923. Modification and Withdrawal of Bids .............................................................................. 1924. Opening and Preliminary Examination of Bids ................................................................. 19E. EVALUATION AND COMPARISON OF BIDS ............................................................................................ 2025. Process to be Confidential ............................................................................................... 2026. Clarification of Bids ......................................................................................................... 216

27. Domestic Preference ....................................................................................................... 2128. Detailed Evaluation and Comparison of Bids.................................................................... 2129. Post-Qualification............................................................................................................ 2230. Reservation Clause .......................................................................................................... 23F. AWARD OF CONTRACT .................................................................................................................... 2431. Contract Award ............................................................................................................... 2432. Signing of the Contract .................................................................................................... 2433. Performance Security ...................................................................................................... 2434. Notice to Proceed ........................................................................................................... 257

proceedings or investigation or from pursuing such proceedings orinvestigation; or(bb)acts intended to materially impede the exercise of the inspection andaudit rights of the Procuring Entity or any foreign government/foreignor international financing institution herein.(b)will reject a proposal for award if it determines that the Bidder recommended for awardhas engaged in any of the practices mentioned in this Clause for purposes of competingfor the contract.3.2. Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminalpenalties available under applicable laws on individuals and organizations deemed to be involved in anyof the practices mentioned in ITB Clause 3.1(a).3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit recordsand accounts of a bidder or supplier in the bidding for and performance of a contract themselves orthrough independent auditors as reflected in the GCC Clause 3.4. Conflict of Interest4.1. All Bidders found to have conflicting interests shall be disqualified to participate in the procurement athand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. ABidder may be considered to have conflicting interests with another Bidder in any of the eventsdescribed in paragraphs (a) through (c) below and a general conflict of interest in any of thecircumstances set out in paragraphs (d) through (f) below:(a)(b)(c)(d)(e)(f)A Bidder has controlling shareholders in common with another Bidder;A Bidder receives or has received any direct or indirect subsidy from any other Bidder;A Bidder has the same legal representative as that of another Bidder for purposes of thisbid;A Bidder has a relationship, directly or through third parties, that puts them in a positionto have access to information about or influence on the bid of another Bidder orinfluence the decisions of the Procuring Entity regarding this bidding process. This willinclude a firm or an organization who lends, or temporarily seconds, its personnel tofirms or organizations which are engaged in consulting services for the preparationrelated to procurement for or implementation of the project if the personnel would beinvolved in any capacity on the same project;A Bidder submits more than one bid in this bidding process. However, this does not limitthe participation of subcontractors in more than one bid; orA Bidder who participated as a consultant in the preparation of the design or technicalspecifications of the Goods and related services that are the subject of the bid.4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by asworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of theBids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of theBAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the projectconsultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, thisClause shall apply to the following persons:(a)(b)(c)If the Bidder is an individual or a sole proprietorship, to the Bidder himself;If the Bidder is a partnership, to all its officers and members;If the Bidder is a corporation, to all its officers, directors, and controlling stockholders;and9

(d)If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clauseshall correspondingly apply to each of the members of the said JV, as may beappropriate.5. Eligible BiddersRelationship of the nature described above or failure to comply with this Clause will result in theautomatic disqualification of a Bidder.5.1. Unless otherwise provided in the BDS, the following persons shall be eligible to participate in thisbidding:(a)(b)(c)(d)(e)Duly licensed Filipino citizens/sole proprietorships;Partnerships duly organized under the laws of the Philippines and of which at least sixtypercent (60%) of the outstanding capital stock belongs to citizens of the Philippines;Corporations duly organized under the laws of the Philippines, and of which at leastsixty percent (60%) of the outstanding capital stock belongs to citizens of thePhilippines;Cooperatives duly organized under the laws of the Philippines, and of which at leastsixty percent (60%) of the interest belongs to citizens of the Philippines; andUnless otherwise provided in the BDS, persons/entities forming themselves into a JV,i.e., a group of two (2) or more persons/entities that intend to be jointly and severallyresponsible or liable for a particular contract: Provided, however, that Filipinoownership or interest of the joint venture concerned shall be at least sixty percent(60%).5.2. Foreign bidders may be eligible to participate when any of the following circumstances exist, as specifiedin the BDS:(a)(b)(c)(d)When a Treaty or International or Executive Agreement as provided in Section 4 of theRA 9184 and its IRR allow foreign bidders to participate;Citizens, corporations, or associations of a country, included in the list issued by theGPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens,corporations, or associations of the Philippines;When the Goods sought to be procured are not available from local suppliers; orWhen there is a need to prevent situations that defeat competition or restrain trade.5.3. Government corporate entities may be eligible to participate only if they can establish that they (a) arelegally and financially autonomous, (b) operate under commercial law, and (c) are not dependentagencies of the GOP or the Procuring Entity.5.4. Unless otherwise provided in the BDS, the Bidder must have completed at least one contract similar tothe Project, the value of which, adjusted to current prices using the National Statistics Office consumerprice index, must be at least equivalent to a percentage of the ABC stated in the BDS.For this purpose, contracts similar to the Project shall be those described in the BDS, andcompleted within the relevant period stated in the Invitation to Bid and ITB Clause 12.1(a)(iii).5.5. The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC) or acommitment from a Universal or Commercial Bank to extend a credit line in its favor if awarded thecontract for this Project (CLC).The NFCC, computed using the following formula, must be at least equal to the ABC to be bid:10

NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding oruncompleted portions of the projects under ongoing contracts, including awarded contractsyet to be started coinciding with the contract for this Project.Where:K = 10 for a contract duration of one year or less, 15 for a contract duration of more thanone year up to two years, and 20 for a contract duration of more than two years.The CLC must be at least equal to ten percent (10%) of the ABC for this Project. If issued by aforeign bank, it shall be confirmed or authenticated by a Universal or Commercial Bank. In thecase of local government units (LGUs), the Bidder may also submit CLC from other bankscertified by the Bangko Sentral ng Pilipinas (BSP) as authorized to issue such financialinstrument.6. Bidder’s Responsibilities6.1. The Bidder or its duly authorized representative shall submit a sworn statement in the form prescribedin Section IX. Bidding Forms as required in ITB Clause 12.1(b)(iii).6.2. The Bidder is responsible for the following:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)Having taken steps to carefully examine all of the Bidding Documents;Having acknowledged all conditions, local or otherwise, affecting the implementation ofthe contract;Having made an estimate of the facilities available and needed for the contract to bebid, if any;Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s)as provided under ITB Clause 10.3.Ensuring that it is not “blacklisted” or barred from bidding by the GOP or any of itsagencies, offices, corporations, or LGUs, including foreign government/foreign orinternational financing institution whose blacklisting rules have been recognized by theGPPB;Ensuring that each of the documents submitted in satisfaction of the biddingrequirements is an authentic copy of the original, complete, and all statements andinformation provided therein are true and correct;Authorizing the Head of the Procuring Entity or its duly authorized representative/s toverify all the documents submitted;Ensuring that the signatory is the duly authorized representative of the Bidder, andgranted full power and authority to do, execute and perform any and all acts necessaryand/or to represent the Bidder in the bidding, with the duly notarized Secretary’sCertificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative,or joint venture;Complying with the disclosure provision under Section 47 of RA 9184 in relation to otherprovisions of RA 3019; andComplying with existing labor laws and standards in the case of procurement ofservices.Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.11

6.3. The Bidder is expected to examine all instructions, forms, terms, and specifications in the BiddingDocuments.6.4. It shall be the sole responsibility of the Bidder to determine and to satisfy itself by such means as itconsiders necessary or desirable as to all matters pertaining to the contract to be bid, including: (a) thelocation and the nature of this Project; (b) climatic conditions; (c) transportation facilities; and (d) otherfactors that may affect the cost, duration, and execution or implementation of this Project.6.5. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations orconclusions by the prospective or eligible bidder out of the data furnished by the procuring entity.6.6. The Bidder shall bear all costs associated with the preparation and submission of his bid, and theProcuring Entity will in no case be responsible or liable for those costs, regardless of the conduct oroutcome of the bidding process.6.7. Before submitting their bids, the Bidder is deemed to have become familiar with all existing laws,decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way.6.8. The Bidder should note that the Procuring Entity will accept bids only from those that have paid thenonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid.7. Origin of GoodsUnless otherwise indicated in the BDS, there is no restriction on the origin of goods other than thoseprohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter ofthe United Nations, subject to ITB Clause 27.1.8. Subcontracts8.1 Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Goods to anextent as may be approved by the Procuring Entity and stated in the BDS. However,subcontracting of any portion shall not relieve the Bidder from any liability or obligation thatmay arise from the contract for this Project.8.2 Subcontractors must comply with the eligibility criteria and the documentary requirementsspecified in the BDS. In the event that any subcontractor is found by the Procuring Entity to beineligible, the subcontracting of such portion of the Goods shall be disallowed.8.3 The Bidder may identify the subcontractor to whom a portion of the Goods will besubcontracted at any stage of the bidding process or during contract implementation. If theBidder opts to disclose the name of the subcontractor during bid submission, the Bidder shallinclude the required documents as part of the technical component of its bid.9. Pre-Bid ConferenceB. Contents of Bidding Documents9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue and on the date indicatedtherein, to clarify and address the Bidders’ questions on the technical and financial components of thisProject.(b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadlinefor the submission and receipt of bids. If the Procuring Entity determines that, by reason of themethod, nature, or complexity of the contract to be bid, or when international participation willbe more advantageous to the GOP, a longer period for the preparation of bids is necessary, thepre-bid conference shall be held at least thirty (30) calendar days before the deadline for thesubmission and receipt of bids, as specified in the BDS.12

9.2. Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand theProcuring Entity’s requirements. Non-attendance of the Bidder will in no way prejudice its bid;however, the Bidder is expected to know the changes and/or amendments to the Bidding Documentsdiscussed during the pre-bid conference.9.3. Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documentsunless such statement is specifically identified in writing as an amendment thereto and issued as aSupplemental/Bid Bulletin.10. Clarification and Amendment of Bidding Documents10.1. Bidders who have purchased the Bidding Documents may request for clarification on any part of theBidding Documents for an interpretation. Such request must be in writing and submitted to the NFA BACat the address indicated in the BDS at least ten (10) calendar days before the deadline set for thesubmission and receipt of bids.10.2. Supplemental/Bid Bulletins may be issued upon NFA BAC’s initiative for purposes of clarifying ormodifying any provision of the Bidding Documents not later than seven (7) calendar days before thedeadline for the submission and receipt of bids. Any modification to the Bidding Documents shall beidentified as an amendment.10.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine GovernmentElectronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, ifavailable. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire andsecure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who havesubmitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed tomodify or withdraw their bids in accordance with Section 26 of the Revised IRR of RA 9184.11. Language of BidC. Preparation of BidsThe bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder andthe Procuring Entity, shall be written in English. Supporting documents and printed literature furnishedby the Bidder may be in another language provided they are accompanied by an accurate translation inEnglish certified by the appropriate embassy or consulate in the Philippines, in which case the Englishtranslation shall govern for purposes of interpretation of the bid.12. Documents Comprising the Bid: Eligibility and Technical Components12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibilityand technical documents:(a) Eligibility Documents –Class “A” Documents:(i)(ii)(iii)Registration certificate from the Securities and Exchange Commission (SEC) forcorporation and partnership, Department of Trade and Industry (DTI) for soleproprietorship, or Cooperative Development Authority (CDA) for cooperatives, orany proof of such registration as stated in the BDS;Mayor’s Permit/License issued by the city or municipality where the principalplace of business of the prospective bidder is located;Statement of all its ongoing and completed government and private contractswithin the period of three (3) years, including contracts awarded but not yetstarted, if any. The statement shall include, for each contract, the following:(iii.1) name of the contract;13

(iii.2) date of the contract;(iii.3)(iii.4)(iii.5)(iii.6)kinds of goods;amount of contract and value of outstanding contracts;date of delivery; andend user’s acceptance or official receipt(s) issued for the contract, ifcompleted.(iv)(v)Audited financial statements, stamped “received” by the Bureau of InternalRevenue (BIR) or its duly accredited and authorized institutions, for the precedingcalendar year, which should not be earlier than two (2) years from bidsubmission;NFCC computation or CLC equivalent to at least twenty (20%) per cent of the ABCand in accordance with Section 23.5.2.6 of the Revised IRR of RA 9184;Class “B” Document:(b) Technical Documents –(i)Bid security in accordance with ITB Clause 18. If the Bidder opts to submit the bidsecurity in the form of:(i)(ii)a bank draft/guarantee or an irrevocable letter of credit issued by aforeign bank, it shall be accompanied by a confirmation from aUniversal or Commercial Bank; ora surety bond, it shall be accompanied by a certification by theInsurance Commission that the surety or insurance company isauthorized to issue such instruments;(ii)(iii)Conformity with technical specifications, as enumerated and specified in SectionsVI and VII of the Bidding Documents; andSworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 andusing the form prescribed in Section IX bidding documents.13. Documents Comprising the Bid: Financial Component13.1. Unless otherwise stated in the BDS, the financial component of the bid shall contain the following:(a)(b)(c)Financial Bid Form, which includes bid prices and the bill of quantities and the applicablePrice Schedules, in accordance with ITB Clauses 15.1 and 15.4;If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a certificationfrom the DTI, SEC, or CDA issued in accordance with ITB Clause 27, unless otherwiseprovided in the BDS; andAny other document related to the financial component of the bid as stated in the BDS.13.2. (a) Unless otherwise stated in the BDS, all bids that exceed the ABC shall not be accepted.(b)Unless otherwise indicated in the BDS, for foreign-funded procurement, a ceiling may beapplied to bid prices provided the following conditions are met:(i) Bidding Documents are obtainable free of charge on a freely accessible website. Ifpayment of Bidding Documents is required by the procuring entity, payment couldbe made upon the submission of bids.14

14. Alternative Bids(ii) The procuring entity has procedures in place to ensure that the ABC is based onrecent estimates made by the responsible unit of the procuring entity and that theestimates reflect the quality, supervision and risk and inflationary factors, as wellas prevailing market prices, associated with the types of works or goods to beprocured.(iii) The procuring entity has trained cost estimators on estimating prices and analyzingbid variances.(iv) The procuring entity has established a system to monitor and report bid pricesrelative to ABC and engineer’s/procuring entity’s estimate.(v) The procuring entity has established a system to monitor and report bid pricesrelative to ABC and procuring entity’s estimate. The procuring entity hasestablished a monitoring and evaluation system for contract implementation toprovide a feedback on actual total costs of goods and works.Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder inaddition or as a substitute to its original bid which may be included as part of its original bid orsubmitted separately therewith for purposes of bidding. A bid with options is considered an alternativebid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) ormore separate bid envelopes.15. Bid Prices15.1. The Bidder shall complete the appropriate Price Schedules included herein, stating the unit prices, totalprice per item, the total amount and the expected countries of origin of the Goods to be supplied underthis Project.15.2. The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities. Bidsnot addressing or providing all of the required items in the Bidding Documents including, whereapplicable, Bill of Quantities, shall be considered non-responsive and, thus, automatically disqualified. Inthis regard, where a required item is provided, but no price is indicated, the same shall be considered asnon-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for freeto the Government.15.3. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), DeliveredDuty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governedby the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS)published by the International Chamber of Commerce, Paris.15.4. Prices indicated on the Price Schedule shall be entered separately in the following manner:(a)For Goods offered from within the Procuring Entity’s country:(i)The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, exshowroom, or off-the-shelf, as applicable), including all customs duties and salesand other taxes already paid or payable:(i.1)on the components and raw material used in the manufacture orassembly of Goods quoted ex works or ex factory; or(1.2) on the previously imported Goods of foreign origin quoted exwarehouse, ex showroom, or off-the-shelf and any Procuring Entitycountry sales and other taxes which will be payable on the Goods if thecontract is awarded.(ii)The price for inland transportation, insurance, and other local costs incidental todelivery of the Goods to their final destination.15

(i)The price of other (incidental) services, if any, listed in the BDS.(b)For Goods offered from abroad:(i)(ii)Unless otherwise stated in the BDS, the price of the Goods shall be quoted DDPwith the place of destination in the Philippines as specified in the BDS. Inquoting the price, the Bidder shall be free to use transportation through carriersregistered in any eligible country. Similarly, the Bidder may obtain insuranceservices from any eligible source country.The price of other (incidental) services, if any, listed in the BDS.15.5. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and notsubject to variation or price escalation on any account. A bid submitted with an adjustable pricequotation shall be treated as non-responsive and shall be rejected, pursuant to ITB Clause 24.16. Bid CurrenciesAll bid prices shall be considered as fixed prices, and therefore not subject to price escalationduring contract implementation, except under extraordinary circumstances. Extraordinarycircumstances refer to events that may be determined by the National Economic andDevelopment Authority in accordance with the Civil Code of the Philippines, and upon therecommendation of the Procuring Entity. Nevertheless, in cases where the cost of the awardedcontract is affected by any applicable new laws, ordinances, regulations, or other acts of theGOP, promulgated after the date of bid opening, a contract price adjustment shall be made orappropriate relief shall be applied on a no loss-no gain basis.16.1. Prices shall be quoted in the following currencies:(a)(b)For Goods that the Bidder will supply from within the Philippines, the prices shall bequoted in Philippine Pesos.For Goods that the Bidder will supply from outside the Philippines, the prices may bequoted in the currency(ies) stated in the BDS. However, for purposes of bid evaluation,bids denominated in foreign currencies shall be converted to Philippine currency basedon the exchange rate as published in the BSP reference rate bulletin on the day of thebid opening.16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for purposes of bid evaluation andcomparing the bid prices will convert the amounts in various currencies in which the bid price isexpressed to Philippine Pesos at the foregoing exchange rates.16.3. Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos.17. Bid Validity17.1. 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.17.2. In exceptional circumstances, prior to the expiration of the Bid validity period, the Procuring Entity mayrequest Bidders to extend the period of validity of their bids. The request and the responses shall bemade in writing. The bid security described in ITB Clause 18 should also be extended corresponding tothe extension of the bid validity period at the least. A Bidder may refuse the request without forfeitingits bid security, but his bid shall no longer be considered for further evaluation and award. A Biddergranting the request shall not be required or permitted to modify its bid.18. Bid Security18.1. The bid security in the amount stated in the BDS shall be equal to the percentage of the ABC inaccordance with the following schedule:16

Form of Bid Security(a) Cash or cashier’s/manager’s check issued by aUniversal or Commercial Bank.(b) Bank draft/guarantee or irrevocable letter of creditissued by a Universal or Commercial Bank:Provided, however, that it shall be confirmed orauthenticated by a Universal or Commercial Bank, ifissued by a foreign bank.(c) Surety bond callable upon demand issued by asurety or insurance company duly certified by theInsurance Commission as authorized to issue suchsecurity.(d) Any combination of the foregoing.Amount of Bid Security(Equal to Percentage of the ABC)Two percent (2%) of ABCTwo percent (2%) of ABCFive percent (5%)Proportionate to share of form withrespect to total amount of securityFor biddings conducted by LGUs, the Bidder may also submit bid securities in the form ofcashier’s/manager’s check, bank draft/guarantee, or irrevocable letter of credit from otherbanks certified by the BSP as authorized to issue such financial statement.18.2. The bid security should be valid for the period specified in the BDS. Any bid not accompanied by anacceptable bid security shall be rejected by the Procuring Entity as non-responsive.18.3. No bid securities shall be returned to bidders after the opening of bids and before contract signing,except to those that failed or declared as post-disqualified, upon submission of a written waiver of theirright to file a motion for reconsideration and/or protest. Without prejudice on its forfeiture, bidsecurities shall be returned only after the bidder with the Lowest Calculated and Responsive Bid hassigned the contract and furnished the performance security, but in no case later than the expiration ofthe bid security validity period indicated in ITB Clause 18.2.18.4. Upon signing and execution of the contract pursuant to ITB Clause 32, and the posting of theperformance security pursuant to ITB Clause 33, the successful Bidder’s bid security will be discharged,but in no case later than the bid security validity period as indicated in the ITB Clause 18.2.18.5. The bid security may be forfeited:(a)if a Bidder:(i) withdraws its bid during the period of bid validity specified in ITB Clause 17;(ii)(iii)(iv)(v)(vi)(vii)does not accept the correction of errors pursuant to ITB Clause 28.3(b);fails to submit the requirements within the prescribed period or a findingagainst their veracity as stated in ITB Clause 29.2;submission of eligibility requirements containing false information or falsifieddocuments;submission of bids that contain false information or falsified documents, or theconcealment of such information in the bids in order to influence the outcomeof eligibility screening or any other stage of the public bidding;allowing the use of one’s name, or using the name of another for purposes ofpublic bidding;withdrawal of a bid, or refusal to accept an award, or enter into contract withthe Government without justifiable cause, after the Bidder had been adjudgedas having submitted the Lowest Calculated and Responsive Bid;17

(viii)(ix)(x)(xi)(xii)refusal or failure to post the required performance security within theprescribed time;refusal to clarify or validate in writing its bid during post-qualification within aperiod of seven (7) calendar days from receipt of the request for clarification;any documented attempt by a bidder to unduly influence the outcome of thebidding in his favor;failure of the potential joint venture partners to enter into the joint ventureafter the bid is declared successful; orall other acts that tend to defeat the purpose of the competitive bidding, suchas habitually withdrawing from bidding, submitting late Bids or patentlyinsufficient bid, for at least three (3) times within a year, except for validreasons.(b)if the successful Bidder:(i)fails to sign the contract in accordance with ITB Clause 32; or19. Format and Signing of Bids(ii) fails to furnish performance security in accordance with ITB Clause 33.19.1 Bidders shall submit their bids through their duly authorized representative using the appropriateforms provided in Section IX. Bidding Forms on or before the deadline specified in the ITBClauses 21 in two (2) separate sealed bid envelopes, and which shall be submittedsimultaneously. The first shall contain the technical component of the bid, including theeligibility requirements under ITB Clause 12.1, and the second shall contain the financialcomponent of the bid.19.2 Forms as mentioned in ITB Clause 19.1 must be completed without any alterations to their format,and no substitute form shall be accepted. All blank spaces shall be filled in with the informationrequested.19.3 The Bidder shall prepare and submit an original of the first and second envelopes as described inITB Clauses 12 and 13. In the event of any discrepancy between the original and the copies, theoriginal shall prevail.19.4 The bid, except for un-amended printed literature, shall be signed, and each and every pagethereof shall be initialed, by the duly authorized representative/s of the Bidder.19.5 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by theduly authorized representative/s of the Bidder.20. Sealing and Marking of Bids20.1. Unless otherwise indicated in the BDS, Bidders shall enclose their original eligibility and technicaldocuments described in ITB Clause 12 in one sealed envelope marked “ORIGINAL - TECHNICALCOMPONENT”, and the original of their financial component in another sealed envelope marked“ORIGINAL - FINANCIAL COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL BID”.20.2. Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as“COPY NO. ___ - TECHNICAL COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT” and theouter envelope as “COPY NO. ___”, respectively. These envelopes containing the original and the copiesshall then be enclosed in one single envelope.20.3. The original and the number of copies of the Bid as indicated in the BDS shall be typed or written inindelible ink and shall be signed by the bidder or its duly authorized representative/s.18

20.4. All envelopes shall:(a)(b)contain the name of the contract to be bid in capital letters;bear the name and address of the Bidder in capital letters;(c) be addressed to the Procuring Entity’s BAC in accordance with ITB Clause 1.1;(d) bear the specific identification of this bidding process indicated in the ITB Clause 1.2;and(e)bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of bids, inaccordance with ITB Clause 21.20.5. If bids are not sealed and marked as required, the Procuring Entity will assume no responsibility for themisplacement or premature opening of the bid.21. Deadline for Submission of BidsD. Submission and Opening of BidsBids must be received by the Procuring Entity’s BAC at the address and on or before the date and timeindicated in the BDS.22. Late BidsAny bid submitted after the deadline for submission and receipt of bids prescribed by the ProcuringEntity, pursuant to ITB Clause 21, shall be declared “Late” and shall not be accepted by the ProcuringEntity.23. Modification and Withdrawal of Bids23.1. The Bidder may modify its bid after it has been submitted; provided that the modification is received bythe Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shallnot be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed,properly identified, linked to its original bid marked as “TECHNICAL MODIFICATION” or “FINANCIALMODIFICATION” and stamped “received” by the BAC. Bid modifications received after the applicabledeadline shall not be considered and shall be returned to the Bidder unopened.23.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has been submitted, for validand justifiable reason; provided that the Letter of Withdrawal is received by the Procuring Entity prior tothe deadline prescribed for submission and receipt of bids.23.3. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be returned unopened to theBidders. A Bidder may also express its intention not to participate in the bidding through a letter whichshould reach and be stamped by the BAC before the deadline for submission and receipt of bids. ABidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for thesame contract.23.4. No bid may be modified after the deadline for submission of bids. No bid may be withdrawn in theinterval between the deadline for submission of bids and the expiration of the period of bid validityspecified by the Bidder on the Financial Bid Form. Withdrawal of a bid during this interval shall result inthe forfeiture of the Bidder’s bid security, pursuant to ITB Clause 18.5, and the imposition ofadministrative, civil and criminal sanctions as prescribed by RA 9184 and its IRR.24. Opening and Preliminary Examination of Bids24.1. The BAC shall open the first bid envelopes of Bidders in public as specified in the BDS to determine eachBidder’s compliance with the documents prescribed in ITB Clause 12. For this purpose, the BAC shall19

check the submitted documents of each bidder against a checklist of required documents to ascertain ifthey are all present, using a non-discretionary “pass/fail” criterion. If a bidder submits the requireddocument, it shall be rated “passed” for that particular requirement. In this regard, bids that fail toinclude any requirement or are incomplete or patently insufficient shall be considered as “failed”.Otherwise, the BAC shall rate the said first bid envelope as “passed”.24.2. Unless otherwise specified in the BDS, immediately after determining compliance with the requirementsin the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligiblebidder whose first bid envelope was rated “passed”. The second envelope of each complying biddershall be opened within the same day. In case one or more of the requirements in the second envelope ofa particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid priceexceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC shall rate the bid concerned as“failed”. Only bids that are determined to contain all the bid requirements for both components shall berated “passed” and shall immediately be considered for evaluation and comparison.24.3. Letters of withdrawal shall be read out and recorded during bid opening, and the envelope containingthe corresponding withdrawn bid shall be returned to the Bidder unopened. If the withdrawing Bidder’srepresentative is in attendance, the original bid and all copies thereof shall be returned to therepresentative during the bid opening. If the representative is not in attendance, the bid shall bereturned unopened by registered mail. The Bidder may withdraw its bid prior to the deadline for thesubmission and receipt of bids, provided that the corresponding Letter of Withdrawal contains a validauthorization requesting for such withdrawal, subject to appropriate administrative sanctions.24.4. If a Bidder has previously secured a certification from the Procuring Entity to the effect that it haspreviously submitted the above-enumerated Class “A” Documents, the said certification may besubmitted in lieu of the requirements enumerated in ITB Clause 12.1(a), items (i) to (v).24.5. In the case of an eligible foreign Bidder as described in ITB Clause 5, the Class “A” Documents describedin ITB Clause 12.1(a) may be substituted with the appropriate equivalent documents, if any, issued bythe country of the foreign Bidder concerned.24.6. Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clauses12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB Clauses 12.1(a)(iii) to 12.1(a)(v) byany of the joint venture partners constitutes compliance.24.7. A Bidder determined as “failed” has three (3) calendar days upon written notice or, if present at thetime of bid opening, upon verbal notification, within which to file a request or motion forreconsideration with the BAC: Provided, however, that the motion for reconsideration shall not begranted if it is established that the finding of failure is due to the fault of the Bidder concerned:Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendardays from receipt thereof. If a failed Bidder signifies his intent to file a motion for reconsideration, theBAC shall keep the bid envelopes of the said failed Bidder unopened and/or duly sealed until such timethat the motion for reconsideration or protest has been resolved.24.8. The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include,as a minimum: (a) names of Bidders, their bid price, bid security, findings of preliminary examination;and (b) attendance sheet. The BAC members shall sign the abstract of bids as read.25. Process to be ConfidentialE. Evaluation and Comparison of Bids25.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibitedfrom making or accepting any kind of communication with any bidder regarding the evaluation of theirbids until the issuance of the Notice of Award, unless otherwise allowed in the case of ITB Clause 26.25.2. Any effort by a bidder to influence the NFA BAC in its decision in respect of bid evaluation, bidcomparison or contract award will result in the rejection of the Bidder’s bid.20

26. Clarification of BidsTo assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may askin writing any Bidder for a clarification of its bid. All responses to requests for clarification shall be inwriting. Any clarification submitted by a Bidder in respect to its bid and that is not in response to arequest by the Procuring Entity shall not be considered.27. Domestic Preference27.1. Unless otherwise stated in the BDS, the Procuring Entity will grant a margin of preference for thepurpose of comparison of bids in accordance with the following:(a)(b)(c)(d)The preference shall be applied when (i) the lowest Foreign Bid is lower than the lowestbid offered by a Domestic Bidder, or (ii) the lowest bid offered by a non-Philippinenational is lower than the lowest bid offered by a Domestic Entity.For evaluation purposes, the lowest Foreign Bid or the bid offered by a non-Philippinenational shall be increased by fifteen percent (15%).In the event that (i) the lowest bid offered by a Domestic Entity does not exceed thelowest Foreign Bid as increased, or (ii) the lowest bid offered by a non-Philippinenational as increased, then the Procuring Entity shall award the contract to theDomestic Bidder/Entity at the amount of the lowest Foreign Bid or the bid offered by anon-Philippine national, as the case may be.If the Domestic Entity/Bidder refuses to accept the award of contract at the amount ofthe Foreign Bid or bid offered by a non-Philippine national within two (2) calendar daysfrom receipt of written advice from the BAC, the Procuring Entity shall award to thebidder offering the Foreign Bid or the non-Philippine national, as the case may be,subject to post-qualification and submission of all the documentary requirements underthese Bidding Documents.27.2. A Bidder may be granted preference as a Domestic Entity subject to the certification from the DTI (incase of sole proprietorships), SEC (in case of partnerships and corporations), or CDA (in case ofcooperatives) that the (a) sole proprietor is a citizen of the Philippines or the partnership, corporation,cooperative, or association is duly organized under the laws of the Philippines with at least seventy fivepercent (75%) of its interest or outstanding capital stock belonging to citizens of the Philippines, (b)habitually established in business and habitually engaged in the manufacture or sale of the merchandisecovered by his bid, and (c) the business has been in existence for at least five (5) consecutive years priorto the advertisement and/or posting of the Invitation to Bid for this Project.27.3. A Bidder may be granted preference as a Domestic Bidder subject to the certification from the DTI thatthe Bidder is offering unmanufactured articles, materials or supplies of the growth or production of thePhilippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in thePhilippines substantially from articles, materials, or supplies of the growth, production, or manufacture,as the case may be, of the Philippines.28. Detailed Evaluation and Comparison of Bids28.1. The Procuring Entity will undertake the detailed evaluation and comparison of bids which have passedthe opening and preliminary examination of bids, pursuant to ITB Clause 24, in order to determine theLowest Calculated Bid.28.2. The Lowest Calculated Bid shall be determined in two steps:(a)(b)The detailed evaluation of the financial component of the bids, to establish the correctcalculated prices of the bids; andThe ranking of the total bid prices as so calculated from the lowest to the highest. Thebid with the lowest price shall be identified as the Lowest Calculated Bid.21

28.3. The Procuring Entity's BAC shall immediately conduct a detailed evaluation of all bids rated “passed,”using non-discretionary pass/fail criteria. Unless otherwise specified in the BDS, the BAC shall considerthe following in the evaluation of bids:(a) Completeness of the bid. Unless the ITB specifically allows partial bids, bids notaddressing or providing all of the required items in the Schedule of Requirementsincluding, where applicable, bill of quantities, shall be considered non-responsive and,thus, automatically disqualified. In this regard, where a required item is provided, but noprice is indicated, the same shall be considered as non-responsive, but specifying a "0"(zero) for the said item would mean that it is being offered for free to the ProcuringEntity; and(b)Arithmetical corrections. Consider computational errors and omissions to enableproper comparison of all eligible bids. It may also consider bid modifications, if allowedin the BDS. Any adjustment shall be calculated in monetary terms to determine thecalculated prices.28.4. Based on the detailed evaluation of bids, those that comply with the above-mentioned requirementsshall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected forcomputational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Totalcalculated bid prices, as evaluated and corrected for computational errors, discounts and othermodifications, which exceed the ABC shall not be considered, unless otherwise indicated in the BDS.28.5. The Procuring Entity’s evaluation of bids shall only be based on the bid price quoted in the Financial BidForm.28.6. Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, all bidders shallbe required to include in their bids the cost of all taxes, such as, but not limited to, value added tax(VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid formand reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bidevaluation and comparison.29. Post-Qualification29.1. The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as havingsubmitted the Lowest Calculated Bid (LCB) complies with and is responsive to all the requirements andconditions specified in ITB Clauses 5, 12, and 13.29.2. Within a non-extendible period of three (3) calendar days from receipt by the bidder of the notice fromthe BAC that it submitted the LCB, the Bidder shall submit the following documentary requirements:(a) Tax clearance per Executive Order 398, Series of 2005;(b) Latest income and business tax returns in the form specified in the BDS;(c) Certificate of PhilGEPS Registration; and(d) Other appropriate licenses and permits required by law and stated in the BDS.Failure of the Bidder declared as Lowest Calculated Bid to duly submit the requirements underthis Clause or a finding against the veracity of such shall be ground for forfeiture of the bidsecurity and disqualification of the Bidder for award.29.3. The determination shall be based upon an examination of the documentary evidence of the Bidder’squalifications submitted pursuant to ITB Clauses 12 and 13, as well as other information as the ProcuringEntity deems necessary and appropriate, using a non-discretionary “pass/fail” criterion.29.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all the criteria for postqualification,it shall declare the said bid as the Lowest Calculated Responsive Bid, and recommend tothe Head of the Procuring Entity the award of contract to the said Bidder at its submitted price or itscalculated bid price, whichever is lower.29.5. A negative determination shall result in rejection of the Bidder’s Bid, in which event the Procuring Entityshall proceed to the next Lowest Calculated Bid to make a similar determination of that Bidder’s22

capabilities to perform satisfactorily. If the second Bidder, however, fails the post qualification, theprocedure for post qualification shall be repeated for the Bidder with the next Lowest Calculated Bid,and so on until the Lowest Calculated Responsive Bid is determined for contract award.29.6. Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendationof the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. Inthe case of GOCCs and GFIs, the period provided herein shall be fifteen (15) calendar days.30. Reservation Clause30.1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entity concerned reservesthe right to review its qualifications at any stage of the procurement process if it has reasonable groundsto believe that a misrepresentation has been made by the said Bidder, or that there has been a changein the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements.Should such review uncover any misrepresentation made in the eligibility and bidding requirements,statements or documents, or any changes in the situation of the Bidder which will affect its capability toundertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entityshall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtainingan award or contract.30.2. Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declarea failure of bidding at any time prior to the contract award, or not to award the contract, withoutthereby incurring any liability, and make no assurance that a contract shall be entered into as a result ofthe bidding:(a)(b)(c)If there is prima facie evidence of collusion between appropriate public officers oremployees of the Procuring Entity, or between the BAC and any of the Bidders, or if thecollusion is between or among the bidders themselves, or between a Bidder and a thirdparty, including any act which restricts, suppresses or nullifies or tends to restrict,suppress or nullify competition;If the Procuring Entity’s BAC is found to have failed in following the prescribed biddingprocedures; orFor any justifiable and reasonable ground where the award of the contract will notredound to the benefit of the GOP as follows:(i)(ii)(iii)If the physical and economic conditions have significantly changed so as torender the project no longer economically, financially or technically feasible asdetermined by the head of the procuring entity;If the project is no longer necessary as determined by the head of the procuringentity; andIf the source of funds for the project has been withheld or reduced through nofault of the Procuring Entity.30.3. In addition, the Procuring Entity may likewise declare a failure of bidding when:(a)(b)(c)(d)No bids are received;All prospective Bidders are declared ineligible;All bids fail to comply with all the bid requirements or fail post-qualification; orThe Bidder with the Lowest Calculated Responsive Bid (LCRB) refuses, without justifiablecause to accept the award of contract, and no award is made.23

F. Award of Contract31. Contract Award31.1. Subject to ITB Clause 29, the Procuring Entity shall award the contract to the Bidder whose bid has beendetermined to be the LCRB.31.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful Bidderin writing that its bid has been accepted, through a Notice of Award received personally or sent byregistered mail or electronically, receipt of which must be confirmed in writing within two (2) days bythe Bidder with the LCRB and submitted personally or sent by registered mail or electronically to theProcuring Entity.31.3. Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the followingconditions:(a) Submission of the valid JVA, if applicable, within ten (10) calendar days from receipt bythe Bidder of the notice from the BAC that the Bidder has the LCRB;(b) Posting of the performance security in accordance with ITB Clause 33;(c) Signing of the contract as provided in ITB Clause 32; and(d) Approval by higher authority, if required.31.4. At the time of contract award, the Procuring Entity shall not increase or decrease the quantity of goodsoriginally specified in ITB.32. Signing of the Contract32.1. At the same time as the Procuring Entity notifies the successful Bidder that its bid has been accepted,the NFA shall send the Contract Form to the Bidder, which contract has been provided in the BiddingDocuments, incorporating therein all agreements between the parties.32.2. Within ten (10) calendar days from receipt of the Notice of Award, the successful Bidder shall post therequired performance security and sign and date the contract and return it to the Procuring Entity.32.3. The Procuring Entity shall enter into contract with the successful Bidder within the same ten (10)calendar day period provided that all the documentary requirements are complied with.32.4. The following documents shall form part of the contract:(a)(b)(c)(d)(e)(f)(g)Contract Agreement;Bidding Documents;Winning bidder’s bid, including the Technical and Financial Proposals, and all otherdocuments/statements submitted;Performance Security;Credit line in accordance with ITB Clause 5.5, if applicable;Notice of Award of Contract; andOther contract documents that may be required by existing laws and/or specified in theBDS.33. Performance Security33.1. To guarantee the faithful performance by the winning Bidder of its obligations under the contract, itshall post a performance security within a maximum period of ten (10) calendar days from the receipt ofthe Notice of Award from the Procuring Entity and in no case later than the signing of the contract.33.2. The performance security shall be denominated in Philippine Pesos and posted in favor of the NFA in anamount equal to the percentage of the total contract price in accordance with the following schedule:24

Form of Performance SecurityAmount of Performance Security(Equal to Percentage of the TotalContract Price)(a) Cash or cashier’s/manager’s check issuedby a Universal or Commercial Bank. Five percent (5%)(b) Bank draft/guarantee or irrevocable letterof credit issued by a Universal orCommercial Bank: Provided, however,that it shall be confirmed orauthenticated by a Universal orCommercial Bank, if issued by a foreignbank.(c) Surety bond callable upon demand issuedby a surety or insurance company dulycertified by the Insurance Commission asauthorized to issue such security; and/or(d) Any combination of the foregoing.Five percent (5%)Thirty percent (30%)Proportionate to share of form withrespect to total amount of security33.3. Failure of the successful Bidder to comply with the above-mentioned requirement shall constitutesufficient ground for the annulment of the award and forfeiture of the bid security, in which event theProcuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid.The procedure shall be repeated until the LCRB is identified and selected for contract award. However ifno Bidder passed post-qualification, the BAC shall declare the bidding a failure and conduct a re-biddingwith re-advertisement.34. Notice to Proceed34.1. Within three (3) calendar days from the date of approval of the contract by the appropriate governmentapproving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder.34.2. The contract effectivity date shall be provided in the Notice to Proceed by the Procuring Entity, whichdate shall not be later than seven (7) calendar days from the issuance of the Notice to Proceed.25

Section IIIBid Data Sheet26

ITB ClauseBid Data Sheet1.1 The Procuring Entity isNATIONAL FOOD AUTHORITY Region V (NFA RO-5), Legazpi City1.2 The lot/reference is: Procurement of Security Services Requirement of NFA Region V for CY 2013 asdescribed below:LotNo. of Rate/Guard/Month No. ofLocationNo.Guards (Php)MonthsTotal ABC1154 13,533.00Albay7,605,546.0013,533.00 1117Camarines Norte2,408,874.00113,533.00 1143Camarines Sur6,401,109.0013,533.00 1113Catanduanes1,718,691.0013,533.00 1119Masbate2,368,275.0013,533.00 1124Sorsogon3,572,712.00TOTAL 170 24,075,207.00Note: a. The number of Security Guards may increase or decrease depending on the operational needsof NFA Region V.b. Total ABC for eleven (11) months onlyThe BAC reserves the right to require the proponents who have passed the eligibility requirements forthe submission of relevant documents when it is deemed necessary for verification and such otherlawful purposes. Failure to submit shall be sufficient grounds to disqualify the concerned bidder.2 The Funding Source is:The Government of the Philippines (GOP) through the NFA Corporate Operating Budget of 2013intends to apply the sum of Twenty Four Million Seventy Five Thousand Two Hundred Seven Pesos(Php24,075,207.00) as the Approved Budget for the Contract (ABC) to payments under the contractfor the procurement of Security Services.The name of the Project is:PROCUREMENT OF SECURITY SERVICES REQUIREMENT OF NFA REGION V covering February toDecember 31, 2013.3.1 No further instructions.4.1 No further instructions.5.11. Prospective Bidders must be licensed and registered Security Agencies and must meet the followingMinimum requirements:(a) In the Security Agency business for at least five (5) years and still in operation;(b) With a net combined assets equivalent to twenty five (25%) per cent of the ABC as certified byan independent auditor and shown in, among others, the Audited Financial Statement andBalance sheet stamped “received” by the Bureau of Internal Revenue (BIR) or its duly27

accredited and authorized institutions for the year 2011;(c) Must have valid and current Regular (Not Provisional) License to Operate (LTO) a Private SecurityAgency issued by the PNP-Supervisory Office for Security and Investigation Agencies (SOSIA);(d) Must have a valid Certificate of Good Standing duly issued by the Philippine Association ofDetectives and Protection Agency Operators, Inc. (PADPAO) as of the month prior topublication of Invitation to Bid;(e) Must strictly follow the current and prevailing PADPAO computed rate on the amount due toguards and the government. Non-conformity will be a ground for automatic disqualification ofbid proposal.(f) Not currently under suspension with NFA nor blacklisted by any government agency or office;(g) Must have a final Certificate of Completed Contract/Acceptance for all contracts entered into bythe Contractor with NFA or any of its regional offices, other government agency/ies and/orprivate offices; and stating that the agency has satisfactorily completed the contract.(h) Must be registered with PhilGEPS; and(i) Must meet the Additional Set of Technical Parameters pursuant to Appendix 14 of the RevisedIRR of R.A. 9184, which provides that:It is recognized that the proper and efficient procurement of security services should be based notsolely on cost, but should also take into consideration a range of other factors, such as but notlimited to, length of contract, standards of internal governance, adequacy of resources, levels oftraining, and adherence to labor and other social legislation. (Guideline on the Procurement ofSecurity and Janitorial Services, GPPB Resolution 024-2007 dated 28 September 2007);The BAC shall evaluate the additional set of Technical Parameters stated in the TechnicalSpecifications using non-discretionary pass/fail criteria (Guidelines on the Procurement ofSecurity and Janitorial Services, GPPB Resolution 024-2007 dated September 2007)(j) A bidder whose owner, any officer, director, or any member of the board has been convicted byfinal judgment for a crime or offense involving moral turpitude shall be disqualified.(k) The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC). Acommitment from a Universal Bank or Commercial Bank to extend a credit line in its favor ifawarded the contract for this project is to be submitted if the computed NFCC is less than theABC to be bid.If the bidder submits a computation of its NFCC, the NFCC must be at least equal to the ABC tobe bid, calculated as follows;NFCC= [(current assets minus current liabilities) (K)] minus the value of all outstanding oruncompleted portions of the projects under ongoing contracts, including awarded contracts yetto be started coinciding with the contract for this Project.Where: K=10-for a contract duration of one year or less, 15-for a contract duration of morethan one year up to two years, and 20-for a contract duration of more than two years.If the Bidder submits a CLC, the CLC must be at least equal to twenty percent (20%) of the ABCto be bid. If issued by a foreign bank Universal or Commercial Bank, it shall be confirmed orauthenticated by a Universal or Commercial Bank.5.2 None of the circumstances mentioned in the ITB Clause exists in this Project. Foreign bidders, exceptthose falling under ITB Clause 5.2(b), may not participate in this Project28

5.3 Government Corporate Entities maybe eligible to participate only if they can establish that they (a) arelegally and financially autonomous, (b) operate under commercial law, and (c) are not dependentagencies of the GOP or the Procuring Entity.5.4 Prospective Bidders must have COMPLETED AT LEAST ONE (1) CONTRACT, within the last three (3)years, SIMILAR to the Project to be bid, the value of which must be equivalent to FIFTY PERCENT(50%) of the Approved Budget for the Contract of the project to be bid.5.5 If the Bidder submits a CLC, the CLC must be at least equal to twenty percent (20%) of the ABC for thisProject. If issued by a foreign bank, it shall be confirmed or authenticated by a Universal orCommercial Bank.6.2 A prospective or eligible Bidder shall also be responsible for:1. Having made an estimate of the facilities to be secured and needed for the contract to be bid,if any; and have firearms/equipments licensed in the name of the company ready forimmediate deployment. Firearms/equipment being utilized in other existing contracts shallnot be credited. Firearms/equipment covered by Deeds of Assignments or Deeds of Sale shallbe credited in the name of the bidder only if the same are accompanied by thecorresponding transfer of PNP firearms/equipment to be licensed in the name of the bidder(new owner);2. Complying with existing labor laws and standards and submission of Sworn Statement, in theform prescribed by NFA, that it has not been adjudged by final judgment for non-compliancewith such laws, including any violation involving its obligation with the Department of Laborand Employment (DOLE), Social Security System (SSS), the National Health Insurance Program(Philhealth) and Home Development Mutual Fund (PAG-IBIG).3. Must strictly follow the current and prevailing PADPAO computed rate on the amount due tothe guards and the government. Non-conformity will be a ground for automaticdisqualification of bid proposal.4. Bidder shall comply with the Notarial Act of 2004; National Internal Revenue Code (NIRC) andall other applicable local and national laws.6.3 -6.8 1. The Bidder is expected to examine all instructions, forms, terms, and specifications in the BiddingDocuments. Failure to furnish all information or documentation required in the Bidding Documentsshall result in the rejection of the bid and the disqualification of the Bidder.2. NFA shall not assume any responsibility regarding erroneous interpretations or conclusions by theprospective bidder or eligible bidder out of the data furnished by NFA.7 No further instructions.8.1 Subcontracting of the Security Services covered by the Project shall not allowed.8.2 “Not applicable”.9.1 NFA Region V will hold a Pre-bid Conference for this Project on:Date: January 4, 2013Time: 10:00 AMVenue: NFA Regional Office Conference Room, Pier Site, Legazpi City.29

9.4 Pursuant to Section 22.3 of the Revised IRR of R.A. 9184, only those who have purchased the BiddingDocuments shall be allowed to raise or submit queries or clarifications during the pre-bid conference.A maximum of two (2) authorized representatives from prospective bidder who purchased the biddingdocuments shall be allowed to participate and raise queries during the pre-bidding conference.10.1 Request for clarification on any part of the Bidding Documents for an interpretation must be in writingand should be submitted to the Procuring Entity at the address below:NATIONAL FOOD AUTHORITYRegion V, Pier Site, Legazpi CityContact Person:RENATO Y. SANEDRIN, MNSAAsst. Regional Director,/RBAC ChairpersonNFA Region V(052) 480-7933 Fax No. (0252) 480-790011 No further instructions.12.1(a)(b) 1. The FIRST ENVELOPE shall contain the following Eligibility and TechnicalDocuments:A. RBAC Documentsa. Duly Notarized Application to Bid and Request to Conduct Site Inspection (Annex A)b. Notarized Checklist of Bid Documents (Annex B)c. One Passport size photo with accompanying three (3) specimen signatures of the ownerand/or authorized representatives. (Annex C);B. Eligibility Documentsa. Class “A” Documentsi. Legal Documents1. For Corporation: Original and Certified True Copy of Securities and Exchange Commission(SEC) Registration Certificate, Articles of Incorporation (AOI), Current Year’s GeneralInformation Sheet (GIS) stamped “RECEIVED” by SEC, and a duly notarized BoardResolution and Secretary Certificate evidencing the authority of the Corporaterepresentative to represent the corporation to participate in the bidding process.For Partnership: Original and Certified True Copy of Securities and Exchange Commission(SEC) Registration Certificate, Articles of Incorporation (AOI), Current Year’s GeneralInformation Sheet (GIS) and a duly notarized Resolution appointing the authorizedrepresentative; orFor Sole Proprietorship: Original/Certified True Copy of Certificate of Registration fromDTI, duly notarized Special Power of Attorney (SPA) issued by owner/proprietor.For Cooperative: Original/Certified True Copy of Certificate of Registration from CDA ,Articles of Incorporation and By-laws, and a duly notarized Board Resolution appointingthe authorized representative to represent the cooperative;2. Original/Certified True copy of valid and current Mayor’s Business Permit/License issued bythe city or municipality where the principal place/branch office of business of theprospective bidder is located;3. Sworn Statement of all its ongoing and completed government and private contracts withinthe last three (3) years, including contracts awarded but not yet started, if any. The swornstatement shall include, for each contract the following: (Annex D-1)a. name of the contract;30

. date of the contract;c. Nature of Security Services;d. amount of contract and value of outstanding contracts;e. Contract validity; andf. End-user’s acceptance or official receipt(s) issued for the contract, if completed4. Sworn Statement of all Government and Private Contracts completed within the last three(3) years which are similar in nature. The sworn statement shall include, for each contractthe following: (Annex D-2)a. name of the contract;b. date awarded;c. Effectivity of the Contract/Duration of the contract;d. amount awarded;e. amount completed; andf. Bidder’s Roce (Specification if the prospective bidder is manufacturer, supplier of goodsor services, etc.)5. Sworn Statement of Bidder’s Single Largest Contract (SLC) similar to the contract to be bid,whose value adjusted to current prices using National Statistics Office (NSO) consumer’sprice indices, completed within the last three (3) years and, which should be at least fiftypercent (50%) of the Approved Budget for the contract (Annex D-3)6. Audited financial statements stamped “received” by the Bureau of Internal Revenue (BIR) orits duly accredited and authorized institutions for the year 2011:a. Balance sheetb. Income Statementc. Certified Public Accountant’s (CPA’s) Certification that he/she has examined/audited thefinancial statements.7. Prospective Bidder’s computation of it’s Net Financial Contracting Capacity (NFCC) whichis equivalent to one hundred percent (100%) of the Approved Budget for the Contract tobe bid, as per attached prescribed format marked as “Annex E” or Credit Line Certificate(CLC) equivalent to at least twenty percent (20%) of the ABC and in accordance withSection 23.5.2.6 of the Revised IRR of 9184 as per attached prescribed format marked as“Annex F”If NFCC is less than the ABC to be bid, a commitment from a Universal or Commercial Bankto extend a credit line in favor of the prospective bidder if awarded the contract to be bidwhich shall be at least equal to twenty percent (20%) of the ABC for the contract to be bid,shall be submitted.8. Original/Certified true copy of valid and current Regular (Not Provisional) License toOperate (LTO) a Private Security Agency issued by the PNP-Supervisory Office for Securityand Investigation Agencies (SOSIA)9. A valid Certificate of Good Standing duly issued by the Philippine Association of Detectivesand Protection Agency Operators (PADPAO), Inc. as of the month prior to the publication ofthe Invitation to Bid10. Original/Certified True Copy of Bureau of Internal Revenue Registration Certificate;11. Original/Certified true copy of proof of electronic registration with the BIR under ElectronicFiling Payment System (EFPS);12. Original/Certified True Copy of proof of BIR payment thru EFPS.31

13. Original/Certified true copy of Tax Identification Number (TIN)14. Original/Certified true copy of Valid Certificate/Registration of membership with the (a)Social Security System, (b) DOLE, (c) Philhealth and (d) Pag-IBIG Fund.ii. Technical Documents1. Completely filled-out Technical Bid Form containing the general technical description for theservices to be bid under the bidder’s proposal column. If proposal is the same with thetechnical requirements, just put “COMPLY”;2. Minimum qualifications of security guards to be assigned at NFA in accordance with theattached format, duly signed by the authorized signatory for the bidding as per attachedformat marked as “Annex G”.3. Five (5) biggest clients for the last three (3) years with the following information as perattached format marked as “Annex H”.a. Name and address;b. Contact person with Telephone and Fax numbersc. E-mail address/esd. inclusive dates served by the security agencye. contract price for each client4. Bidder’s OMNIBUS AFFIDAVIT in accordance with Section 25.2(a) (iv) of the Revised IRR ofR.A. 9184 which shall include the following: (Annex I)4.1 The signatory is the duly authorized representative of the prospective bidder, and grantedfull power and authority to do, execute and perform any and all acts necessary and/orto represent the prospective bidder in the bidding, with the duly notarized BoardResolution attesting to such fact, if the prospective bidder is a corporation, partnership,cooperative, or joint venture.4.2 It is not blacklisted or barred from bidding by the GOP or any of its agencies, offices,corporation, or LGUs, including foreign government/foreign or international financinginstitution whose blacklisting rules have been recognized by the GPPB;4.3 It has a final Certificate of Completed Contract/Acceptance for all contracts entered intoby the Contractor with NFA or any of its regional offices, other government agency/iesand/or private offices. Has no unfulfilled or unperformed security services and that theagency has satisfactorily completed the requirement of all contracts entered into.4.4 Each of the documents submitted in satisfaction of the bidding requirements is anauthentic copy of the original, complete, and all statements and information providedtherein are true and correct;4.5 It is authorizing the Head of the Procuring Entity or his duly authorized representative/s toverify all the documents submitted.4.6 It complies with the disclosure provision under Section 47 of the Act in relation to otherprovisions of RA 3019;4.7 It complies with the responsibilities of a prospective or eligible bidder provided in the ITB;and5. Affidavit/Undertaking of No Injunction pursuant to Section 57 and 58 of the Revised IRR ofR.A. 9184 following the herein attached form as “Annex J”.32

6. Additional Set of Technical Parameters for Security Services:i. Stabilitya. Company Profile typed in company letterhead/stationery, which shall indicate thefollowing information : as per attached form marked as “Annex L”· Principal address, e-mail address and telephone/fax numbers of the companyincluding the addresses and telephone/fax numbers its branch office/s, if any· Number of years in the security services business which should not be less thanfive (5) years from date of advertisement of the ITB· Total current number of security guards deployed· Organizational set up/capability in compliance with Organizational Structure ofprivate security agencies prescribed by R.A. 5487b. Liquidity of the Companyii. ResourcesSworn Statement that the bidder has a net of combined assets equivalent to twentyfivepercent (25%) of the ABC as certified by an independent auditor and shown in,among others, the Audited Financial Statement and Balance Sheet for the year 2011stamped “received” by the Bureau of Internal Revenue (BIR) or its duly accredited andauthorized institutions on or before 15 April 2012.The security agency must submit a NOTARIZED CERTIFICATION containing the followinginformation:1. Duly notarized list of Licensed Security Guards (Annex M)2. Duly notarized list of Licensed Firearms registered in the name of the Bidder with completedescription (make, type, caliber, license number and expiry date) (Annex N)3. Duly notarized List of Motor-Powered Vehicles and Security Support Facilities/Equipmentowned and/or leased which must be supported with the following: (Annex O)Wholly-owned - Copy of original LTO’s Official Receipt and Confirmation Receipt orRegistration Certificate/Notarized Deed of Sale (Sole proprietorship – in the name of theowner; Partnership – in the name of anyone of the partners; Corporation – in the nameof the company)BIR Donor’s TaxDeed of Chattel Mortgage4. Notarized List/number and type of communication devices and current NationalTelecommunications Commission’s (NTC) License or permit to Operate RadioCommunication Facilities, kind of surveillance equipment, security/office equipment, etc.(Annex P)5. Duly notarized Certification of Compliance with the qualifications of security guards tobe assigned at National Food Authority Region V offices, affiant must be the dulyauthorized representative. (Annex Q)iii. Proposed Security Management Plan and Detailed Logistics Requirements (Must at the very33

least comply with the Regional Security Management Plan of NFA Region V).(Annex R)iv. Other Factors: Prospective bidder shall also submit as part of the Eligibility and TechnicalRequirements the following:a. Recruitment and Selection Criteria (indicating prospective bidder minimum compliancewith existing guidelines on hiring and selection). All security guards to be hired bySecurity Agency for deployment to NFA Region V offices/installations MUST meet thequalification standards: (1) Have no criminal records and no pending case as supportedby the latest Certificate of Clearance issued by PNP/NBI and MTC or RTC in the place ofhis residence, and (2) Capable of rendering required reports in the performance of hisduties.b. Completeness of uniforms and other Paraphernalia to be worn by deployed SG, asevidenced by drawings, pictures and/or sketchc. Security Management expertise and experience of Key Agency Officers and Personnelincluding possible NFA Chief of Operations (Bidder to submit resume of key agencyofficers/personnel)d. Awards/citations (Prospective Bidder shall submit Certified True Copy)The Procuring Entity shall check compliance with the technical parameters using a nondiscretionary“pass/fail” criteria in accordance with RA 9184 and its IRR13.1 SECOND ENVELOPE – Documents comprising the Bid: Financial Components:The financial component of the bid shall contain the following:(a) The total bid amount for the services quoted in words as well as in figures shall be indicated inthe prescribed format.(b) Detailed computation/cost distribution of the minimum monthly contract rate of guard perlocation.(i) Total bid offers shall be inclusive of taxes such as, but not limited to VAT, income tax,local tax and other levies. The bid offer must also show the administrative overheadand margin as illustrated in the price schedule form.(ii) Prospective bidders shall follow the required procedures in filling up the financial bidform to come up with the total bid offer per security guard per month:1. The prospective bidder shall fill up Financial Bid form , Items A to C (total Amountdue to guard and Total amount due to Government in favor of Guard) inaccordance with the mandated existing Wage Order (RPB-15) and applicable laws.Itemized offers under Letters A to C below the mandated wage should not beaccepted.2. The second part of the Financial Bid Form covering Letters D to G should be filledup in order to come up with the total bid offer per security guard per month.3. All bids that exceed the ABC shall not be accepted.13.1(b) No further instruction.13.2 The ABC is Twenty Four Million Seventy Five Thousand Two Hundred Seven Pesos(Php24,075,207.00) (Eleven (11) Months only, inclusive of VAT. Any bid with a financial componentexceeding this amount shall not be accepted.15.4(a)(iii)15.4(b)“No incidental services are required”.Not applicable34

15.5 1. Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and notsubject to variation or price escalation on any account, except for cases covered by 5.2.1, 5.2.2.and 5.2.3 of Appendix 14 Guidelines for Procurement of Security and Janitorial Services (GPPBResolution 024-2007 dated September 28, 2007). A bid submitted with an adjustable pricequotation shall be treated as non-responsive and shall be rejected.16.1(b)No further instruction16.3 Not applicable17.1 Bids will be valid for 120 dates from date of bid opening or until May 16, 2013.18.1 The bid security shall be in the following amount:Form of Bid Security(a) Cash or cashier’s/manager’s check issued by aUniversal or Commercial Bank.(b) Bank draft/guarantee orirrevocable letter of credit issued by a Universal orCommercial Bank: Provided, however, that it shall beconfirmed or authenticated by a Universal orCommercial Bank, if issued by a foreign bank.(c) Surety bond callable upon demand issued by asurety or insurance company duly accredited by NFAand duly certified by the Insurance Commission asauthorized to issue such security.(d) Any combination of theforegoing.Amount of Bid Security(Equal to Percentage of the ABC)Two percent (2%) of ABCPhp481,504.14Two percent (2%) of ABCPhp481,504.14Five percent (5%)Php1,203,760.35Proportionate to share of form withrespect to total amount of security18.2 The bid security shall be valid for one hundred twenty (120) calendar days from the date of theopening of bids or until May 16, 2013.20 Each Bidder shall submit ONE (1) ORIGINAL and THREE (3) CERTIFIED PHOTOCOPIES of the firstcomponent (Eligibility and Technical Documents) and ONE (1) ORIGINAL and THREE (3) CERTIFIEDPHOTOCOPIES of the second component (Financial Component) of the bid observing the Sealing andMarking and properly signed by the bidder per page.21 The address for submission of bids is NATIONAL FOOD AUTHORITY, Regional Office V, Pier Site,Legazpi City.The deadline for submission of bids is January 16, 2012 10:00 A.M.24.1 The place of bid opening is NATIONAL FOOD AUTHORITY, Regional Office V, Pier Site, Legazpi City.The date and time of bid opening is January 16, 2012 at 10:05 A.M.24.2 No further instructions.24.6 “Not applicable”24.9 Additional instructions:a. It is recognized that the proper and efficient procurement of security services should be based notsolely on cost, but should also take into consideration a range of other factors, such as, but notlimited to, length on contract, standard of internal governance, adequacy of resources, levels of35

training, and adherence to labor and other social legislation. (Guidelines on the Procurement ofSecurity and Janitorial Services, GPPB Resolution 024-2007, dated 28 September 2007).b. The BAC shall evaluate the additional set of Technical Parameters stated in the TechnicalSpecifications using non-discretionary pass/fail criteria. (Guidelines on the Procurement ofSecurity and Janitorial Services, GPPB Resolution 024-2007, dated 28 September 2007).c. The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids,provided that the corresponding Letter of Withdrawal contains a valid authorization requesting forsuch withdrawal, subject to appropriate administrative sanctions.27.1 No further instructions.28.3 The goods are grouped in a single lot and the lot shall not be divided into sub-lots for the purpose ofbidding evaluation and contract award.28.3(b)Bid modification is not allowed once bid documents are already submitted.28.4 No further instructions29.1 (a) The criteria for bid evaluation shall follow the on-discretionary “pass/fail” criterion in accordancewith Section 30 of the Revised IRR of RA 9184.(b) Lowest Calculated Bid (LCB) in case of a tie.i. In case there are two (2) or more bidders having similar bid prices, the LCB shall be determinedas follows:1. Three or more bidders – draw lots (pre-numbered)2. Between two bidders – draw lots or toss coinsii. The bidder who draws the number one (1) shall be considered the first LCB to be post-qualified.In case the first LCB is post-disqualified, the number two (2) bidders as pre-numbered shall beconsidered for 2 nd LCB and shall be post-qualified. The same procedure shall be followed untilthe Lowest Calculated and Responsive Bid (LRCB) is determined.29.2 (a) No further instructions29.2(b) Latest Income and Business Tax Returns for 2 nd and 3 rd Quarters of 2012 OR BIR Payment thruElectronic Filing Payment System (EFPS) together with the electronic registration29.2.(d)None29.3 A performance/track record check shall be undertaken as part of Post-Qualification process todetermine performance of the bidder in its past and ongoing government and private contracts. Aclient’s survey form will be used to determine the bidder’s performance. The use of Very Satisfactory,Satisfactory and Poor as parameters shall be adopted. A finding of Poor performance shall be aground for post-disqualification32.4 No further instructions33 The performance Security shall be in the following amount:Form of Performance Security(a) Cash or cashier’s/manager’s check issued by aUniversal or Commercial Bank.Amount of Performance Security(Equal to Percentage of the ABC)Five percent (5%) of ABCPhp1,203,760.3536

(b) Bank draft/guarantee or irrevocable letter of creditissued by a Universal or Commercial Bank: Provided,however, that it shall be confirmed or authenticatedby a Universal or Commercial Bank, if issued by aforeign bank.(c) Surety bond callable upon demand issued by a suretyor insurance company duly accredited by NFA and dulycertified by the Insurance Commission as authorized toissue such security.(d) Any combination of the foregoing.Five percent (5%) of ABCPhp1,203,760.35Thirty percent (30%)Php7,222,562.10Proportionate to share of form withrespect to total amount of securityTo guarantee the faithful performance of the Contractor of his/her obligations under the contract,he/she shall post the required performance security.34.2 The effectivity date of the Contract shall be reckoned from the date of deployment as stated in theNotice to Proceed.35 Additional Instructions:1. Ownership of Bid Documents: All documents submitted for the bidding shall become the propertyof NFA, which may use such information including copying of the same for bid evaluationpurposes.2. Protests on Decision of the NFA BAC2.1 Decisions of the NFA BAC with respect to the conduct of bidding may be protested in writing tothe head of the procuring entity. Provided, however, that a prior motion for reconsiderationshould have been filed by the party concerned within the reglementary periods, and the samehas been resolved. The protest must be filed within three (3) calendar days from receipt bythe party concerned of the resolution of the NFA BAC denying its motion for reconsideration.A protest may be made by filing a verified position paper with the head of the procuring entityconcerned accompanied by the payment of a non-refundable protest fee. The nonrefundableprotest fee shall be in an amount equivalent to no less than one percent (1%) ofthe Approved Budget for the pertinent item (s) being bid.The verified position paper shall contain the following information:a. The name of the Bidders;b. The office address of the Bidder;c. The name of the project/contract;d. The implementing office/agency or procuring entity;e. A brief statement of facts;f. The issue to be resolved; andg. Such other matters and information pertinent and relevant to the proper resolution ofthe protest.The position paper is verified by an affidavit that the affiant has read and understood thecontents thereof and that the allegations therein are true and correct of his personalknowledge or based on authentic records. An unverified position paper shall be consideredunsigned, produces no legal effect, and results to the outright dismissal of the protest.37

Section IVGeneral Conditions of Contract38

TABLE OF CONTENTS1. DEFINITIONS ............................................................................................................................ 442. CORRUPT, FRAUDULENT, COLLUSIVE, AND COERCIVE PRACTICES ........................................................ 453. INSPECTION AND AUDIT BY THE FUNDING SOURCE ........................................................................... 464. GOVERNING LAW AND LANGUAGE................................................................................................ 465. NOTICES .................................................................................................................................. 476. SCOPE OF CONTRACT ................................................................................................................. 477. SUBCONTRACTING ..................................................................................................................... 478. PROCURING ENTITY’S RESPONSIBILITIES......................................................................................... 479. PRICES .................................................................................................................................... 4810. PAYMENT ................................................................................................................................ 4811. ADVANCE PAYMENT AND TERMS OF PAYMENT ............................................................................... 4812. TAXES AND DUTIES .................................................................................................................... 4913. PERFORMANCE SECURITY............................................................................................................ 4414. USE OF CONTRACT DOCUMENTS AND INFORMATION ....................................................................... 4515. STANDARDS ............................................................................................................................. 4516. INSPECTION AND TESTS .............................................................................................................. 4517. WARRANTY.............................................................................................................................. 4618. DELAYS IN THE SUPPLIER’S PERFORMANCE ..................................................................................... 4719. LIQUIDATED DAMAGES............................................................................................................... 4720. SETTLEMENT OF DISPUTES .......................................................................................................... 4721. LIABILITY OF THE SUPPLIER .......................................................................................................... 4822. FORCE MAJEURE ....................................................................................................................... 4823. TERMINATION FOR DEFAULT ....................................................................................................... 4924. TERMINATION FOR INSOLVENCY ................................................................................................... 4925. TERMINATION FOR CONVENIENCE ................................................................................................ 4926. TERMINATION FOR UNLAWFUL ACTS ............................................................................................ 5027. PROCEDURES FOR TERMINATION OF CONTRACTS ............................................................................. 5628. ASSIGNMENT OF RIGHTS ............................................................................................................. 5729. CONTRACT AMENDMENT ............................................................................................................ 5730. APPLICATION ............................................................................................................................ 5739

1. Definitionsi. In this Contract, the following terms shall be interpreted as indicated:1. “The Contract” means the agreement entered into between theProcuring Entity and the Supplier, as recorded in the Contract Formsigned by the parties, including all attachments and appendicesthereto and all documents incorporated by reference therein.2. “The Contract Price” means the price payable to the Supplier underthe Contract for the full and proper performance of its contractualobligations.3. “The Goods” means all of the supplies, equipment, machinery, spareparts, other materials and/or general support services which theSupplier is required to provide to the Procuring Entity under theContract.4. “The Services” means those services ancillary to the supply of theGoods, such as transportation and insurance, and any otherincidental services, such as installation, commissioning, provision oftechnical assistance, training, and other such obligations of theSupplier covered under the Contract.5. “GCC” means the General Conditions of Contract contained in thisSection.6. “SCC” means the Special Conditions of Contract.7. “The Procuring Entity” means the organization purchasing theGoods, as named in the SCC.8. “The Procuring Entity’s country” is the Philippines.9. “The Supplier” means the individual contractor, manufacturerdistributor, or firm supplying/manufacturing the Goods and Servicesunder this Contract and named in the SCC.10. The “Funding Source” means the organization named in the SCC.11. “The Project Site,” where applicable, means the place or placesnamed in the SCC.12. “Day” means calendar day.13. The “Effective Date” of the contract will be the date of receipt bythe Supplier of the Notice to Proceed or the date provided in theNotice to Proceed. Performance of all obligations shall be reckonedfrom the Effective Date of the Contract.14. “Verified Report” refers to the report submitted by theImplementing Unit to the Head of the Procuring Entity setting forth40

its findings as to the existence of grounds or causes for terminationand explicitly stating its recommendation for the issuance of aNotice to Terminate.b. Corrupt, Fraudulent, Collusive, and Coercive Practicesi. Unless otherwise provided in the SCC, the Procuring Entity as well as thebidders, contractors, or suppliers shall observe the highest standard ofethics during the procurement and execution of this Contract. In pursuanceof this policy, the Procuring Entity:1. defines, for the purposes of this provision, the terms set forth belowas follows:a. "corrupt practice" means behavior on the part of officials in the public orprivate sectors by which they improperly and unlawfully enrich themselves,others, or induce others to do so, by misusing the position in which they areplaced, and it includes the offering, giving, receiving, or soliciting of anythingof value to influence the action of any such official in the procurementprocess or in contract execution; entering, on behalf of the Government,into any contract or transaction manifestly and grossly disadvantageous tothe same, whether or not the public officer profited or will profit thereby,and similar acts as provided in Republic Act 3019.b. "fraudulent practice" means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Procuring Entity, and includes collusive practices amongBidders (prior to or after bid submission) designed to establish bid prices atartificial, non-competitive levels and to deprive the Procuring Entity of thebenefits of free and open competition.c. “collusive practices” means a scheme or arrangement between two or moreBidders, with or without the knowledge of the Procuring Entity, designed toestablish bid prices at artificial, non-competitive levels.d. “coercive practices” means harming or threatening to harm, directly orindirectly, persons, or their property to influence their participation in aprocurement process, or affect the execution of a contract;e. “obstructive practice” is(aa)deliberately destroying, falsifying, altering or concealing of evidencematerial to an administrative proceedings or investigation or makingfalse statements to investigators in order to materially impede anadministrative proceedings or investigation of the Procuring Entityor any foreign government/foreign or international financinginstitution into allegations of a corrupt, fraudulent, coercive orcollusive practice; and/or threatening, harassing or intimidating anyparty to prevent it from disclosing its knowledge of matters relevantto the administrative proceedings or investigation or from pursuingsuch proceedings or investigation; or41

(bb)acts intended to materially impede the exercise of the inspectionand audit rights of the Procuring Entity or any foreigngovernment/foreign or international financing institution herein.2. will reject a proposal for award if it determines that the Bidderrecommended for award has engaged in any of the practicesmentioned in this Clause for purposes of competing for the contract.ii. Further the Funding Source, Borrower or Procuring Entity, as appropriate,will seek to impose the maximum civil, administrative and/or criminalpenalties available under the applicable law on individuals and organizationsdeemed to be involved with any of the practices mentioned in GCC Clause2.1(a).c. Inspection and Audit by the Funding SourceThe Supplier shall permit the Funding Source to inspect the Supplier’s accounts and recordsrelating to the performance of the Supplier and to have them audited by auditors appointedby the Funding Source, if so required by the Funding Source.d. Governing Law and Languagee. Noticesi. This Contract shall be interpreted in accordance with the laws of theRepublic of the Philippines.ii. This Contract has been executed in the English language, which shall be thebinding and controlling language for all matters relating to the meaning orinterpretation of this Contract. All correspondence and other documentspertaining to this Contract exchanged by the parties shall be written inEnglish.i. Any notice, request, or consent required or permitted to be given or madepursuant to this Contract shall be in writing. Any such notice, request, orconsent shall be deemed to have been given or made when received by theconcerned party, either in person or through an authorized representativeof the Party to whom the communication is addressed, or when sent byregistered mail, telex, telegram, or facsimile to such Party at the addressspecified in the SCC, which shall be effective when delivered and dulyreceived or on the notice’s effective date, whichever is later.ii. A Party may change its address for notice hereunder by giving the otherParty notice of such change pursuant to the provisions listed in the SCC forGCC Clause 5.1.f. Scope of Contracti. The GOODS and Related Services to be provided shall be as specified inSection VI. Schedule of Requirements.42

ii. This Contract shall include all such items, although not specificallymentioned, that can be reasonably inferred as being required for itscompletion as if such items were expressly mentioned herein. Anyadditional requirements for the completion of this Contract shall beprovided in the SCC.g. Subcontractingi. Subcontracting of any portion of the Goods, if allowed in the BDS, does notrelieve the Supplier of any liability or obligation under this Contract. TheSupplier will be responsible for the acts, defaults, and negligence of anysubcontractor, its agents, servants or workmen as fully as if these were theSupplier’s own acts, defaults, or negligence, or those of its agents, servantsor workmen.ii. Subcontractors disclosed and identified during the bidding may be changedduring the implementation of this Contract, subject to compliance with therequired qualifications and the approval of the Procuring Entity.h. Procuring Entity’s Responsibilitiesi. Pricesj. Paymenti. Whenever the performance of the obligations in this Contract requires thatthe Supplier obtain permits, approvals, import, and other licenses from localpublic authorities, the Procuring Entity shall, if so needed by the Supplier,make its best effort to assist the Supplier in complying with suchrequirements in a timely and expeditious manner.ii. The Procuring Entity shall pay all costs involved in the performance of itsresponsibilities in accordance with GCC Clause 6.i. For the given scope of work in this Contract as awarded, all bid prices areconsidered fixed prices, and therefore not subject to price escalation duringcontract implementation, except under extraordinary circumstances andupon prior approval of the GPPB in accordance with Section 61 of R.A. 9184and its IRR or except as provided in this Clause.ii. Prices charged by the Supplier for Goods delivered and/or servicesperformed under this Contract shall not vary from the prices quoted by theSupplier in its bid, with the exception of any change in price resulting from aChange Order issued in accordance with GCC Clause 29.i. Payments shall be made only upon a certification by the Head of theProcuring Entity to the effect that the Goods have been rendered ordelivered in accordance with the terms of this Contract and have been dulyinspected and accepted. Except with the prior approval of the President nopayment shall be made for services not yet rendered or for supplies andmaterials not yet delivered under this Contract. Ten percent (10%) of theamount of each payment shall be retained by the Procuring Entity to cover43

the Supplier’s warranty obligations under this Contract as described in GCCClause 17.ii. The Supplier’s request(s) for payment shall be made to the Procuring Entityin writing, accompanied by an invoice describing, as appropriate, the Goodsdelivered and/or Services performed, and by documents submitted pursuantto the SCC provision for GCC Clause 6.2, and upon fulfillment of otherobligations stipulated in this Contract.iii. Pursuant to GCC Clause 10.2, payments shall be made promptly by theProcuring Entity, but in no case later than sixty (60) days after submission ofan invoice or claim by the Supplier.iv. Unless otherwise provided in the SCC, the currency in which payment ismade to the Supplier under this Contract shall be in Philippine Pesos.k. Advance Paymenti. Advance payment shall be made only after prior approval of the President,and shall not exceed fifteen percent (15%) of the Contract amount, unlessotherwise directed by the President or in cases allowed under Annex “D” ofRA 9184.11.2 For Goods supplied from abroad, ten percent (10%) of the Contract Price shall be paidwithin sixty (60) days from signing of the Contract and upon submission of a claimand a bank guarantee for the equivalent amount valid until the Goods are deliveredand in the form provided in Section IX. Bidding Forms.11.3 All progress payments shall first be charged against the advance payment until thelatter has been fully exhausted.l. Taxes and DutiesThe Supplier, whether local or foreign, shall be entirely responsible for all the necessarytaxes, stamp duties, license fees, and other such levies imposed for the completion of thisContract.m. Performance Securityi. Unless otherwise specified in the SCC, within ten (10) calendar days fromreceipt of the Notice of Award from the Procuring Entity but in no case laterthan the signing of the contract by both parties, the successful Bidder shallfurnish the performance security in any the forms prescribed in the ITBClause 33.2.ii. The performance security posted in favor of the Procuring Entity shall beforfeited in the event it is established that the winning bidder is in default inany of its obligations under the contract.iii. The performance security shall remain valid until issuance by the ProcuringEntity of the Certificate of Final Acceptance.44

iv. Unless otherwise specified in the SCC, the performance security may bereleased by the Procuring Entity and returned to the Supplier after theissuance of the Certificate of Final Acceptance subject to the followingconditions:1. There are no pending claims against the Supplier or the suretycompany filed by the Procuring Entity;2. The Supplier has no pending claims for labor and materials filedagainst it; and3. Other terms specified in the SCC.v. In case of a reduction of the contract value, the Procuring Entity shall allow aproportional reduction in the original performance security, provided thatany such reduction is more than ten percent (10%) and that the aggregate ofsuch reductions is not more than fifty percent (50%) of the originalperformance security.n. Use of Contract Documents and Informationo. Standardsi. The Supplier shall not, except for purposes of performing the obligations inthis Contract, without the Procuring Entity’s prior written consent, disclosethis Contract, or any provision thereof, or any specification, plan, drawing,pattern, sample, or information furnished by or on behalf of the ProcuringEntity. Any such disclosure shall be made in confidence and shall extendonly as far as may be necessary for purposes of such performance.ii. Any document, other than this Contract itself, enumerated in GCC Clause14.1 shall remain the property of the Procuring Entity and shall be returned(all copies) to the Procuring Entity on completion of the Supplier’sperformance under this Contract if so required by the Procuring Entity.The Goods provided under this Contract shall conform to the standards mentioned in theSection VIII. Technical Specifications; and, when no applicable standard is mentioned, to theauthoritative standards appropriate to the Goods’ country of origin. Such standards shall bethe latest issued by the institution concerned.p. Inspection and Tests16.1 The Procuring Entity or its representative shall have the right to inspect and/or to testthe Goods to confirm their conformity to the Contract specifications at no extra costto the Procuring Entity. The SCC and Section VIII. Technical Specifications shallspecify what inspections and/or tests the Procuring Entity requires and where theyare to be conducted. The Procuring Entity shall notify the Supplier in writing, in atimely manner, of the identity of any representatives retained for these purposes.16.2 If applicable, the inspections and tests may be conducted on the premises of theSupplier or its subcontractor(s), at point of delivery, and/or at the goods’ finaldestination. If conducted on the premises of the Supplier or its subcontractor(s), allreasonable facilities and assistance, including access to drawings and production45

data, shall be furnished to the inspectors at no charge to the Procuring Entity. TheSupplier shall provide the Procuring Entity with results of such inspections and tests.16.3 The Procuring Entity or its designated representative shall be entitled to attend thetests and/or inspections referred to in this Clause provided that the Procuring Entityshall bear all of its own costs and expenses incurred in connection with suchattendance including, but not limited to, all traveling and board and lodgingexpenses.16.4 The Procuring Entity may reject any Goods or any part thereof that fail to pass anytest and/or inspection or do not conform to the specifications. The Supplier shalleither rectify or replace such rejected Goods or parts thereof or make alterationsnecessary to meet the specifications at no cost to the Procuring Entity, and shallrepeat the test and/or inspection, at no cost to the Procuring Entity, upon giving anotice pursuant to GCC Clause 5.16.5 The Supplier agrees that neither the execution of a test and/or inspection of the Goodsor any part thereof, nor the attendance by the Procuring Entity or its representative,shall release the Supplier from any warranties or other obligations under thisContract.q. Warrantyi. The Supplier warrants that the Goods supplied under the Contract are new,unused, of the most recent or current models, and that they incorporate allrecent improvements in design and materials, except when the technicalspecifications required by the Procuring Entity provides otherwise.ii. The Supplier further warrants that all Goods supplied under this Contractshall have no defect, arising from design, materials, or workmanship or fromany act or omission of the Supplier that may develop under normal use ofthe supplied Goods in the conditions prevailing in the country of finaldestination.iii. In order to assure that manufacturing defects shall be corrected by theSupplier, a warranty shall be required from the Supplier for a minimumperiod specified in the SCC. The obligation for the warranty shall be coveredby, at the Supplier’s option, either retention money in an amount equivalentto at least ten percent (10%) of the final payment, or a special bankguarantee equivalent to at least ten percent (10%) of the Contract Price orother such amount if so specified in the SCC. The said amounts shall only bereleased after the lapse of the warranty period specified in the SCC;provided, however, that the Supplies delivered are free from patent andlatent defects and all the conditions imposed under this Contract have beenfully met.iv. The Procuring Entity shall promptly notify the Supplier in writing of anyclaims arising under this warranty. Upon receipt of such notice, the Suppliershall, within the period specified in the SCC and with all reasonable speed,repair or replace the defective Goods or parts thereof, without cost to theProcuring Entity.46

v. If the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in GCC Clause 17.4, the Procuring Entity may proceed totake such remedial action as may be necessary, at the Supplier’s risk andexpense and without prejudice to any other rights which the ProcuringEntity may have against the Supplier under the Contract and under theapplicable law.r. Delays in the Supplier’s Performancei. Delivery of the Goods and/or performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the ProcuringEntity in Section VIII. Schedule of Requirements.ii. If at any time during the performance of this Contract, the Supplier or itsSubcontractor(s) should encounter conditions impeding timely delivery ofthe Goods and/or performance of Services, the Supplier shall promptlynotify the Procuring Entity in writing of the fact of the delay, its likelyduration and its cause(s). As soon as practicable after receipt of theSupplier’s notice, and upon causes provided for under GCC Clause 22, theProcuring Entity shall evaluate the situation and may extend the Supplier’stime for performance, in which case the extension shall be ratified by theparties by amendment of Contract.iii. Except as provided under GCC Clause 22, a delay by the Supplier in theperformance of its obligations shall render the Supplier liable to theimposition of liquidated damages pursuant to GCC Clause 19, unless anextension of time is agreed upon pursuant to GCC Clause 29 without theapplication of liquidated damages.s. Liquidated DamagesSubject to GCC Clauses 18 and 22, if the Supplier fails to satisfactorily deliver any or all of theGoods and/or to perform the Services within the period(s) specified in this Contract inclusiveof duly granted time extensions if any, the Procuring Entity shall, without prejudice to itsother remedies under this Contract and under the applicable law, deduct from the ContractPrice, as liquidated damages, the applicable rate of one tenth (1/10) of one (1) percent ofthe cost of the unperformed portion for every day of delay until actual delivery orperformance. The maximum deduction shall be ten percent (10%) of the amount of contract.Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant toGCC Clause 23, without prejudice to other courses of action and remedies open to it.t. Settlement of Disputesi. If any dispute or difference of any kind whatsoever shall arise between theProcuring Entity and the Supplier in connection with or arising out of thisContract, the parties shall make every effort to resolve amicably suchdispute or difference by mutual consultation.ii. If after thirty (30) days, the parties have failed to resolve their dispute ordifference by such mutual consultation, then either the Procuring Entity orthe Supplier may give notice to the other party of its intention to commencearbitration, as hereinafter provided, as to the matter in dispute, and no47

arbitration in respect of this matter may be commenced unless such noticeis given.iii. Any dispute or difference in respect of which a notice of intention tocommence arbitration has been given in accordance with this Clause shall besettled by arbitration. Arbitration may be commenced prior to or afterdelivery of the Goods under this Contract.iv. Arbitration proceedings shall be conducted in accordance with the rules ofprocedure specified in the SCC.v. Notwithstanding any reference to arbitration herein, the parties shallcontinue to perform their respective obligations under the Contract unlessthey otherwise agree; and the Procuring Entity shall pay the Supplier anymonies due the Supplier.u. Liability of the Supplieri. Subject to additional provisions, if any, set forth in the SCC, the Supplier’sliability under this Contract shall be as provided by the laws of the Republicof the Philippines,ii. Except in cases of criminal negligence or willful misconduct, and in the caseof infringement of patent rights, if applicable, the aggregate liability of theSupplier to the Procuring Entity shall not exceed the total Contract Price,provided that this limitation shall not apply to the cost of repairing orreplacing defective equipment.v. Force Majeurei. The Supplier shall not be liable for forfeiture of its performance security,liquidated damages, or termination for default if and to the extent that theSupplier’s delay in performance or other failure to perform its obligationsunder the Contract is the result of a force majeure.ii. For purposes of this Contract the terms “force majeure” and “fortuitousevent” may be used interchangeably. In this regard, a fortuitous event orforce majeure shall be interpreted to mean an event which the Contractorcould not have foreseen, or which though foreseen, was inevitable. It shallnot include ordinary unfavorable weather conditions; and any other causethe effects of which could have been avoided with the exercise ofreasonable diligence by the Contractor. Such events may include, but notlimited to, acts of the Procuring Entity in its sovereign capacity, wars orrevolutions, fires, floods, epidemics, quarantine restrictions, and freightembargoes.iii. If a force majeure situation arises, the Supplier shall promptly notify theProcuring Entity in writing of such condition and the cause thereof. Unlessotherwise directed by the Procuring Entity in writing, the Supplier shallcontinue to perform its obligations under the Contract as far as is reasonablypractical, and shall seek all reasonable alternative means for performancenot prevented by the force majeure.48

w. Termination for Defaulti. The Procuring Entity shall terminate this Contract for default when any ofthe following conditions attends its implementation:1. Outside of force majeure, the Supplier fails to deliver or perform anyor all of the Goods within the period(s) specified in the contract, orwithin any extension thereof granted by the Procuring Entitypursuant to a request made by the Supplier prior to the delay, andsuch failure amounts to at least ten percent (10%) of the contactprice;2. As a result of force majeure, the Supplier is unable to deliver orperform any or all of the Goods, amounting to at least ten percent(10%) of the contract price, for a period of not less than sixty (60)calendar days after receipt of the notice from the Procuring Entitystating that the circumstance of force majeure is deemed to haveceased; or3. The Supplier fails to perform any other obligation under theContract.ii. In the event the Procuring Entity terminates this Contract in whole or inpart, for any of the reasons provided under GCC Clauses 23 to 26, theProcuring Entity may procure, upon such terms and in such manner as itdeems appropriate, Goods or Services similar to those undelivered, and theSupplier shall be liable to the Procuring Entity for any excess costs for suchsimilar Goods or Services. However, the Supplier shall continueperformance of this Contract to the extent not terminated.iii. In case the delay in the delivery of the Goods and/or performance of theServices exceeds a time duration equivalent to ten percent (10%) of thespecified contract time plus any time extension duly granted to the Supplier,the Procuring Entity may terminate this Contract, forfeit the Supplier'sperformance security and award the same to a qualified Supplier.x. Termination for InsolvencyThe Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt orinsolvent as determined with finality by a court of competent jurisdiction. In this event,termination will be without compensation to the Supplier, provided that such terminationwill not prejudice or affect any right of action or remedy which has accrued or will accruethereafter to the Procuring Entity and/or the Supplier.y. Termination for Conveniencei. The Procuring Entity may terminate this Contract, in whole or in part, at anytime for its convenience. The Head of the Procuring Entity may terminate acontract for the convenience of the Government if he has determined theexistence of conditions that make Project Implementation economically,financially or technically impractical and/or unnecessary, such as, but notlimited to, fortuitous event(s) or changes in law and national governmentpolicies.49

ii. The Goods that have been delivered and/or performed or are ready fordelivery or performance within thirty (30) calendar days after the Supplier’sreceipt of Notice to Terminate shall be accepted by the Procuring Entity atthe contract terms and prices. For Goods not yet performed and/or readyfor delivery, the Procuring Entity may elect:1. to have any portion delivered and/or performed and paid at thecontract terms and prices; and/or2. to cancel the remainder and pay to the Supplier an agreed amountfor partially completed and/or performed goods and for materialsand parts previously procured by the Supplier.iii. If the Supplier suffers loss in its initial performance of the terminatedcontract, such as purchase of raw materials for goods speciallymanufactured for the Procuring Entity which cannot be sold in open market,it shall be allowed to recover partially from this Contract, on a quantummeruit basis. Before recovery may be made, the fact of loss must beestablished under oath by the Supplier to the satisfaction of the ProcuringEntity before recovery may be made.z. Termination for Unlawful Actsi. The Procuring Entity may terminate this Contract in case it is determinedprima facie that the Supplier has engaged, before or during theimplementation of this Contract, in unlawful deeds and behaviors relative tocontract acquisition and implementation. Unlawful acts include, but are notlimited to, the following:1. Corrupt, fraudulent, and coercive practices as defined in ITB Clause3.1(a);2. Drawing up or using forged documents;3. Using adulterated materials, means or methods, or engaging inproduction contrary to rules of science or the trade; and4. Any other act analogous to the foregoing.aa. Procedures for Termination of Contractsi. The following provisions shall govern the procedures for termination of thisContract:1. Upon receipt of a written report of acts or causes which mayconstitute ground(s) for termination as aforementioned, or upon itsown initiative, the Implementing Unit shall, within a period of seven(7) calendar days, verify the existence of such ground(s) and causethe execution of a Verified Report, with all relevant evidenceattached;2. Upon recommendation by the Implementing Unit, the Head of theProcuring Entity shall terminate this Contract only by a written50

notice to the Supplier conveying the termination of this Contract.The notice shall state:i. that this Contract is being terminated for any of the ground(s) aforementioned,and a statement of the acts that constitute theground(s) constituting the same;ii.the extent of termination, whether in whole or in part;iii. an instruction to the Supplier to show cause as to whyContract should not be terminated; andthisiv.special instructions of the Procuring Entity, if any.3. The Notice to Terminate shall be accompanied by a copy of theVerified Report;4. Within a period of seven (7) calendar days from receipt of the Noticeof Termination, the Supplier shall submit to the Head of theProcuring Entity a verified position paper stating why this Contractshould not be terminated. If the Supplier fails to show cause afterthe lapse of the seven (7) day period, either by inaction or bydefault, the Head of the Procuring Entity shall issue an orderterminating this Contract;5. The Procuring Entity may, at any time before receipt of theSupplier’s verified position paper described in item (d) abovewithdraw the Notice to Terminate if it is determined that certainitems or works subject of the notice had been completed, delivered,or performed before the Supplier’s receipt of the notice;6. Within a non-extendible period of ten (10) calendar days fromreceipt of the verified position paper, the Head of the ProcuringEntity shall decide whether or not to terminate this Contract. It shallserve a written notice to the Supplier of its decision and, unlessotherwise provided, this Contract is deemed terminated fromreceipt of the Supplier of the notice of decision. The terminationshall only be based on the ground(s) stated in the Notice toTerminate;7. The Head of the Procuring Entity may create a Contract TerminationReview Committee (CTRC) to assist him in the discharge of thisfunction. All decisions recommended by the CTRC shall be subjectto the approval of the Head of the Procuring Entity; and8. The Supplier must serve a written notice to the Procuring Entity ofits intention to terminate the contract at least thirty (30) calendardays before its intended termination. The Contract is deemedterminated if it is not resumed in thirty (30) calendar days after thereceipt of such notice by the Procuring Entity.51

. Assignment of RightsThe Supplier shall not assign his rights or obligations under this Contract, in whole or in part,except with the Procuring Entity’s prior written consent.cc. Contract AmendmentSubject to applicable laws, no variation in or modification of the terms of this Contract shallbe made except by written amendment signed by the parties.dd. ApplicationThese General Conditions shall apply to the extent that they are not superseded byprovisions of other parts of this Contract.52

Section VSpecial Conditions of Contract53

GCCClause1.1(g)The Procuring Entity isSpecial Conditions of ContractNATIONAL FOOD AUTHORITY REGION V1.1(i)1.1(j)PIER SITE, LEGAZPI CITYThe Supplier is [to be inserted at the time of contract award].The Funding Source isThe Government of the Philippines (GOP) through the NFA’s CORPORATE OPERATING BUDGET of 2013in the amount of Twenty Four Million Seventy Five Thousand Two Hundred Seven Pesos(Php24,075,207.00) (Eleven (11) Months Only), for the Security Services covering the period Februaryto December 31, 2013.1.1(k) The Project sites are defined in GCC Clause 6.15.1 The Procuring Entity’s address for Notices is:NATIONAL FOOD AUTHORITYRegional Office VPier Site, Legazpi CityContact Person: RENATO Y. SANEDRIN, MNSAAsst. Regional Director/RBAC ChairpersonNFA Region VTel. Nos : (054) 480-7085; (054) 435-0900Fax No. : (054) 480-7900The Supplier’s address for Notices is: [Insert address including, name of contact, fax and telephonenumber]6.1 Schedule of Requirements:Provinces Location and Post ClassificationNo. ofSGsAlbay a) PO/PO Compound, Legazpi City NFA-owned 9b) Tabaco GID Compound, Tabaco NFA-owned 9c) Bicol Seeds Compound, Libon NFA-owned 6d) Ligao Compound, Ligao NFA-owned 4e) Rodima Whse, Legazpi Leased 4f) Santiago Whse, Tabaco* Leased 3g) Jamestown Whse, Tabaco* Leased 3ih) Demetriou 1 Whse, Tabaco* Leased 3i) Rosan Whse, Ligao Leased 3j) Millenium Warehouse* Leased 4k) Tabaco/Legazpi Ports (Loading & Unloading6Operations)**Sub-Total 54Camarines Norte a) Provincial Office Compound NFA-owned 10b) CMCLI Whses Leased 4c) Sn. Vicente LGU Whse*** Leased 3Sub-Total 1754

Camarines Sur a) Provincial Office Compound NFA-owned 12b) Queen Whse, Pili Leased 3c) Santiago Whse, Pili Leased 4d) Ong Whse, Iriga Leased 3e) Isarog Whse, Tigaon Leased 3f) Bahay Whse, Libmanan Leased 3g) Benmar Whse, Bombon Leased 3h) Boclod Whse, San Jose Leased 3i) Tan Whse, Pili Leased 3j) PDC Whse, Ocampo Leased 3k) Apollo Whse, Pawili, Pili Leased 3Sub-Total 43Catanduanes a) Provincial Office Compound NFA-owned 7b) JICA Whse, Pandan NFA-owned 3c) Virac/Pandan Port**** (Unloading Operations) 3Sub-Total 14Masbate a) Provincial Office Compound NFA-owned 7b) Ang Whse, Cataingan Leased 3c) Cabitan Buying Station*** Leased 3d) Bon-oco Buying Station*** Leased 3e) Masbate Port****3(Unloading Operations)Sub-Total 19Sorsogon a) Provincial Office Compound NFA-owned 12b) Ching Bee Whse, Bulan Leased 3c) GSAC Whse, Gubat Leased 3d) Juanillo Whse, Irosin Leased 3e) Juanillo 2 Whse, Irosin Leased 3Sub-Total 24GRAND TOTAL 170* Expired lease contract and terminated security services. Number of security guards indicatedhereon based on projected utilization of leased warehouse in anticipation of the expectedarrival of imported rice.** Computation is based on the expected number of days of deployment of Security Guards duringunloading operations for the expected arrival of 160,000 bags imported rice allocated for theregion for the year 2013 and loading operations for the proposed transfer of 299,000 bags riceto Catanduanes and 298,000 bags rice to Masbate.*** For probable utilization during procurement season or for eight (8) months period only.**** Deployment of Security Guards for the unloading operations for the proposedtransfer/shipment of 299,000 bags to Catanduanes and 298,000 bags to Masbate for the year2013. The guards are expected to render duty for an estimated one hundred seventy (170)days only.A. Obligation of the SECURITY AGENCY1. The AGENCY shall secure all the prescribed NFA Region V installations continuously and withoutany interruption during the effectivity of the Contract in accordance with the AGENCY’sSecurity Management Plan. The Security Management Plan shall form part of the SecurityServices Contract.The AGENCY shall exercise extraordinary diligence in carrying out its obligation under theContract.2. Only duly licensed security guards shall be deployed by the AGENCY. Before discharging theirduties, the agency shall submit to the NFA-Region V Office the following documents:55

2.a Individual SG’s clearance issued within the last six (6) months by the Philippine NationalPolice (PNP), National Bureau of Investigation (NBI), and/or proper court of the placewhere they reside, certifying that they have no criminal record convicting them for anyoffense, or there is no pending criminal case against them.2.b A certification from the AGENCY that the SG’s are of good moral character, courteous,honest, not alcoholic and not engaged in any illegal activity;2.c A certified true copy of the SGs respective valid licenses;2.d A certified true copy of the result of neuro-psychiatric and drug tests of all SGs conductedand issued not earlier than six (6) months by PNP-accredited laboratory/clinic.It is hereby understood and agreed upon that in no case shall the AGENCY assign meretrainees as security guards to be deployed, otherwise, assignment of trainees as securityguards shall be considered a violation of the contract.The AGENCY shall, together with the concerned NFA Provincial Manager/AssistantProvincial Manager or Regional/Provincial Enforcement and Investigation Officers conducta briefing with the security guards before their deployment to specific assignmentsconcerning among others, their wages, benefits and other instructions/matters relevant toefficient performance of their duties.3. The AGENCY shall issue a Duty Detail Order (DDO) for every security guard to beassigned/posted to any NFA-Region V installation duly approved by the concerned NFA RegionV Regional/Provincial Manager, indicating therein the name of the guard, the type of issuedfirearms, the particular place of assignment and the inclusive dates (duration) within which theguard is to render services.The Security Guards shall, before assumption of post, present his individual DDO to theconcerned NFA Regional/Provincial Manager or his duly authorized representative.In no case shall a Security Guard assume post without the presentation of individual DDO andRecall Order to the concerned NFA Region V Regional/Provincial Manager or his dulyauthorized representative.In case of replacement of guards posted in an installation, the name of the guards to bereplaced and to be deployed shall be indicated in the DDO duly noted by the concerned NFARegion V Regional/Provincial Manager and shall be presented together with the Recall Orderissued to the security guard to be replaced.4. The tour of duty of the Security guard shall be divided into three (3) shifts for a maximum ofeight (8) hours per shift as follows:1 st Shift 2 nd Shift 3 rd Shift0700H – 1500H 1500 – 2300H 2300 – 0700However, during special operations (e.g. loading and unloading operations, opening ofadditional leased warehouses, cash escorts, mobile procurement of palay, and other similaractivities) the NFA Provincial Office through the Regional Office may requests the AGENCY topost additional security guards. Payments for the security services rendered beyond the eight(8) hour duty shall be pro-rated on daily rate.5. The absorption of inorganic guards by the AGENCY shall be strictly prohibited unless with theprior approval of the NFA Administrator or his duly authorized representative. For purposes ofthe contract, absorption shall be defined as, but not limited to the employment and/or rehiringby the agency of security guards previously employed by another security agency for56

deployment to any NFA Region V installations.6. The NFA shall have the unconditional right to require the AGENCY to replace guard/s which arenot acceptable to NFA with those acceptable to the NFA. Replacement should be effected withintwenty-four (24) hours after receipt of the written recommendation/request by the NFA. In noinstance shall the replaced security guard be re-deployed in any NFA Region V installations.7. The security guard so assigned shall be under the strict supervision of the AGENCY. NFA,however, shall have the right to conduct spot inspections on the performance of the securityguards at any time it may deemed necessary. This right shall not, however, diminish the liabilityof nor absolve the AGENCY and guard of their obligations to NFA under this Contract.8. In the matter of discipline, performance and/or breach in the norms of conduct by the securityguard, the AGENCY shall submit incident reports to NFA-Region V Regional/Provincial Officeconcerned.9. The AGENCY shall undertake a monthly reshuffling of its security guards from one (1) post toanother. Reassignment can be made within a shorter period upon instruction of the NFA RegionV Regional Director/Provincial Manager.The AGENCY may, within the six (6) months period, undertake replacement of its security guardsupon a written request by the concerned Provincial Manager.10. The AGENCY shall deploy security guard who must always be in proper uniform and equipped withthe following equipment/accessories necessary to carry out their required duties such as:a. logbook to be used for recording people and events affecting security matters;b. fully loaded serviceable firearm;c. flashlight and/or rechargeable searchlight;d. night stick;e. whistle with lanyard;f. metal detector;g. medical pouch;h. umbrella;i. raincoat;j. rainboots; andk. other equipment which are essential for security purposes such as handcuff, teargas canister,traffic vest, traffic gloves.The description of security guards’ uniform must be in accordance with Section 4.a 1 to 9 andSection 4.b 1 to 7 of RA 5487.11. The AGENCY shall be duly represented in the investigation which will be conducted by NFA todetermine whether or not the AGENCY was at fault or negligent or did not exercise due diligencerequired under the circumstances to prevent or minimize injury or damage to or loss of property.Absence of a representative from the Agency, despite notice, will not preclude the NFA fromproceeding with the investigation.The AGENCY may request for police assistance or police investigation with regard to incident.However, the same shall not diminish nor extinguish its liability as a result of damage or loss ofNFA property, and the prompt payment by the AGENCY to the NFA on whatever loss which occurto the latter.If investigation to be conducted involved offenses allegedly committed only by NFA Region Vemployees e.g. theft committed by Cashier, Special Disbursing Officer (SDO) and SpecialCollecting Office (SCO) and loss of stocks or property fully documented, NFA may still notify theAGENCY6 of the investigation being conducted.12. The AGENCY shall not be held liable for damage or loss of NFA Region V property due to57

fortuitous events or acts of God as may be determined after the investigation.13. The AGENCY hereby authorizes NFA Region V to withhold such amount as might be sufficient tosatisfy its liability to NFA Region V. The authority shall include any and all liabilities of theagency to the NFA Region V in connection with this contract.14. The AGENCY and its security guard assigned shall provide additional services related to their workwhen requested by NFA Region V, such as armed escort services. Moreover, the AGENCY shallhave a pool of reserved guards, at least two (2) reliever guards for every ten (10) security guardsdeployed, to ensure the presence of adequate reliever when the need arises. This is to preventstraight or continuous service of security personnel for 16 or 24 hours.15. To ensure smooth and effective coordination with NFA Region V, the AGENCY must have andmaintain an office preferably in the NFA Regional seat in Legazpi City, Albay or in the nearbyprovinces of Camarines Sur and Sorsogon. The Agency’s office must have a valid mayor’spermit equipped with communication and office equipment i.e., telephone line, fax machines,computer, furniture and fixtures etc. It shall be the sole responsibility of the Agency todetermine and to satisfy itself by such means as it considers necessary or desirable as to allmatters pertaining to the contract including:a. The location of Region V provincial offices/installations and warehouses including the kindand volume of stocks stored therein;b. Transportation facilities including the motor pool, if any;c. Milling and drying facilities;d. Number of NFA personnel and usual number of NFA clients at any given time;e. Volume of work/transactions in the office/warehouses.As such, the AGENCY is expected to submit among others, an Affidavit of Site Inspection usingthe attached prescribed format . It shall be submitted together with the bidding documentsfor purposes of eligibility checking.16. The AGENCY shall post a Performance Security in the following forms:Form of Performance Security(a) Cash or cashier’s/manager’s check issued by aUniversal or Commercial Bank.(b) Bank draft/guarantee or irrevocable letter ofcredit issued by a Universal or Commercial Bank:Provided, however, that it shall be confirmed orauthenticated by a Universal or CommercialBank, if issued by a foreign bank.© Surety bond callable upon demand issued by asurety or insurance company duly accredited byNFA and duly certified by the InsuranceCommission as authorized to issue such security.(d) Any combination of the foregoing.Amount of Performance Security(Equal to Percentage of the ABC)Five percent (5%) of ABCPhp1,203,760.35Five percent (5%) of ABCPhp1,203,760.35Thirty percent (30%)Php7,222,562.10Proportionate to share of form withrespect to total amount of securityTo guarantee the faithful performance of the Contractor of his/her obligations under thecontract, he/she shall post the required performance security.In case the security contract is extended, the AGENCY shall be required to post thecorresponding Performance Bond.The Performance Surety Bond shall be forfeited in favor of NFA, Region V in cases where theAGENCY fails to comply with the terms and conditions of the contract. Should the amountforfeited be not sufficient to cover such losses, damages and liabilities incurred due to fault ofthe AGENCY, the Agency shall pay the NFA the remaining balance in cash.58

17. The AGENCY shall assume full and exclusive obligation to pay the mandated wage andwithholding taxes provided for by laws to its security guards assigned to NFA Region V underthis Contract. This includes claims and other compensations as may be legally due to securityguards such as payments of salaries, SSS premiums, Philhealth and the like.Payment of guard’s salaries shall be thru automated Teller Machine within five (5) calendardays after the Contractor’s cut-off period for payroll. All benefits accruing to the guards (13 thMonth pay, uniform allowances, mandatory leave, etc) must be given within 15 days from duedate.Likewise, the Contractor must have a buffer fund for the security guards salaries. Payment ofsalaries, wages, and other benefits of the guards must not be dependent on the receivables ofthe Contractor from NFA.The AGENCY shall submit to the NFA a copy of the payroll and any other documents evidencingpayment of salaries to the security guards.In case the AGENCY pays each security guard below the minimum wage and fails to remit tothe proper government offices the required contributions of the security guards, NFA is herebyauthorized to withhold the payment due to the AGENCY the amount actually paid and theprescribed minimum wage. Non-compliance of any or all of the above Section 17 maybe aground for pre-termination of the Contract.18. The AGENCY shall submit a monthly security assessment to NFA including its findings andrecommendations not later than 10 th day of the following month.The AGENCY shall likewise arrange monthly meetings with the NFA assigned coordinators forany problem/dispute that arises pertaining to the performance of security guards assignedthereat.Surprise visits by inspectors of the AGENCY shall be made regularly to make the company’smonitoring and control of its guards activities more effective and efficient. Security guards whowere charged for dishonesty, negligence, disrespect and/or for violation of the General Ordersshould be immediately relieved from post.19. The AGENCY shall conform to the rules and regulations as mandated in R.A. 5487 (PrivateSecurity Agency Law) as amended, P.D. 442 (Labor code of the Philippines), as amended andother related laws.20. All costs related to mobilization, demobilization and supervision of guards shall be shoulderedby the AGENCY. The AGENCY shall provide a Safety Deposit Box in every Provincial Office foritems to be deposited by visitors/stakeholders in the Security Guard assigned in the lobby i.e.firearms, etc. Further, the AGENCY to provide safe drinking water for its Security Guards inevery NFA installations.21. It is also agreed that the AGENCY shall pay taxes in full and on time. In addition, the AGENCY isunder obligation to regularly present, within the duration of the contract, the business taxreturns duly stamped and received by the Bureau of internal Revenue (BIR)22. The AGENCY shall provide Security Supervisor, preferably a BS Criminology graduate. in thefollowing provinces of NFA Region V: one (1) for Albay and Catanduanes; one (1) for CamarinesNorte and Camarines Sur and one (1) for Masbate and Sorsogon for the supervision of theirsecurity guards. Payment of services of the Security Supervisor shall be chargeable to theAgency. The Security Supervisor shall be supported by the AGENCY’s service vehicle forsecurity inspection and other purposes as specified in D. Likewise, the NFA provincial managerand/or the SEIO concerned must be provided with the AGENCY’s service vehicle in the conductof inspection of security guards, security and communications equipment in the different NFAinstallations/warehouses.23.The AGENCY shall submit appointment of its designated liaison officer(s) who shall be59

esponsible and authorized to deliver and received pertinent documents to and from NFARegion V and its provincial offices and vice versa.24. The AGENCY hereby expressly agrees and binds itself that NFA Region V shall be protected andabsolved from any labor case or problem as the same shall be fully assumed solely andexclusively by the AGENCY. The Agency shall be liable to NFA for any stoppage or interruptionin the services to be provided due to labor problems/ conflict between security guards and theagency under this contract or other causes other than fortuitous events.In case of suit where the NFA Region V is impleaded as indirect employer, the AGENCY shall holdNFA Region V free from any liability arising there from and shall defend and protect NFA RegionV interest therein.B. Obligations of NFA1. All payments to the AGENCY shall be made at the particular NFA Region V Regional/ProvincialOffice where the security services are rendered subject to NFA Region V accounting andauditing rules and regulations.Before the release of its payment, the NFA Region V shall require the CONTRACTOR to submitproof of remittance and receipt of SSS, Philhealth and Pag-IBIG premium payments of securityguards and contributions to other concerned government agency.2. No payment shall be made to the AGENCY for any unauthorized and/or unilateral increase insecurity service in the region without the written authority by the Regional Manager and therequired approval and/or confirmation by the NFA Administrator.3. The NFA Region V undertakes to pay the AGENCY the amount equivalent to the actualdeployment of security guards who rendered services for the contract period inclusive oftwelve percent (12%) VAT of the Administrative Overhead and Profit margin, and guarantees topay on time for the actual services rendered.C. Termination1. This Contract shall terminate at the lapse of the period or duration in accordance with theSecurity Contract.2. The NFA, however, has the right to terminate this Contract at anytime upon thirty (30) daysprior notice to the AGENCY under any or all of the following circumstances shall exist, namely:a. Violations by the AGENCY of the Terms and Conditions of the Contract;b. Failure of the AGENCY to comply with the provision of RA 5487 as amended, PD 442, asamended and other related laws;c. Violation of the AGENCY to comply of the provision of the Special Operating Procedures(SOP) on Blue Guards;d. Discovery of any fraud, falsification, in any of the documents submitted during the eligibilitycheck by the AGENCY.D. Special Provisions of the Contract1. The security requirements may be increased or decreased as NFA may require from time totime. NFA may further request for changes or relief of security personnel assigned to NFA bydue notice to the CONTRACTOR which the Contractor agrees to effect within 12 hours fromreceipt on NFA’s request.2. The guards to be deployed should not be more than fifty-five years of age, at least 5’4” in height,with medium built, of good moral character, at least High School graduate.3. CONTRACTOR agrees to provide their assigned security guards with the required uniforms,equipment/accessories to carry out their required duties.60

4. The CONTRACTOR shall submit to NFA a quarterly listing of all statutory deductions, i.e. SSSpremiums, Philhealth, Pag-IBIG Fund remitted for the guards assigned to NFA, duly machinevalidated.5. CONTRACTOR shall secure all necessary government permits and licenses for the performance oftheir services.6. The CONTRACTOR shall be liable for any loss or damage to property committed through theft orother surreptitious means as a result of fault or negligence of the security guards, which lossor damage is suffered by NFA or any of its employees and guests within the NFA premisesduring the hours of work of the security guards provided the loss or damage is reported toCONTRACTOR within 72 hours from discovery.7. The AGENCY shall be liable to NFA for any stoppage or interruption in the services to be provideddue to labor problems/conflict between the Agency and its security guards or other causesother than fortuitous events.8. It is understood that NFA Region V shall have the sole option to cause the increase/decrease ofthe number of AGENCY’s security guards to be deployed at all installations within the contractarea depending upon the exigency of the operations therein.9. It is understood that the security guards are not employees of NFA Region V but of the AGENCYas an independent Contractor. Hence, no employer-employee relationship exist whatsoeverbetween NFA Region v and the security guards.The AGENCY hereby expressly agrees and binds itself that NFA shall be protected andabsolved from any labor case or problem as the same shall be fully and exclusively by theAGENCY.In case of suit where the NFA is impleaded as indirect employer, the AGENCY shall hold NFAfree from any liability arising there from and shall defend and protect NFA interest therein.10. The NFA Region V shall conduct an orientation with the security guards concerning, amongothers, the NFA Region V policies.The AGENCY shall maintain a SATISFACTORY level of performance throughout the term of theContract based on the prescribed set of performance criteria.The performance criteria to be applied shall include, among others, the following: (a) quality ofservice delivered; (b) time management; (c) management and suitability of personnel; (d)contract administration and management; and (e) provision/submission of regular progressreports.NFA Region V shall conduct a quarterly assessment or evaluation of the performance of theservice provider/contractor based on the set of performance criteria prescribed.Based on the assessment made, NFA Region V may pre-terminate the contract for failure ofthe CONTRACTOR to perform its obligations thereon, following the procedure prescribedunder the Guidelines on the Termination of Contracts issued by the Government ProcurementPolicy Board under Resolution Number 018-2004 dated 22 December 2004.11. The AGENCY shall have no right to assign or otherwise transfer in any manner whatsoever itsright, interest and obligation under this Contract or any part hereof without the prior writtenapproval of NFA.Should NFA Region V suffer damages by reason of delay and/or violation of any of the conditionsof the contract, the Agency shall be held liable for TWENTY FIVE (25%) PERCENT of the contractvalue as liquidated damages aside from Attorney’s Fee, cost of suit and actual damages.12. Any dispute or disagreement of any kind or whatsoever arising from any interpretation,61

implementation or violation of the terms and conditions of the Contract shall, as far aspracticable, be settles amicably. If one of the parties is constrained to seek judicial redress toprotect its rights and interest, such suit shall be filed and prosecuted exclusively in the propercompetent courts in Quezon City, Philippines.13. All the provisions of the Guidelines in the Procurement of Security Services shall form as integralpart of the Security Services Contract which shall be executed by NFA and the winning securityagency.14. The NFA Region V management shall have the exclusive right to require the AGENCY to replacesecurity guard/s with those acceptable to NFA Region V concerned provinces. Replacementsshould be effected within twelve (12) hours after receipt of the written advice by NFA Region V.In no instance shall the replaced security guard be re-deployed in any NFA Region Vinstallations.15. The security guard/s shall be under the strict supervision of the AGENCY. NFA Region V,however, shall have the right to conduct spot inspections on the performance of the securityguards at any time it may deem necessary. The right shall not, however, diminish the liability ofnor absolve the AGENCY and the guard of their obligations to the NFA-Region V under theContract. It is understood that the AGENCY is liable for all the acts of commissions or omissionsof its guards.16. The AGENCY shall, jointly and severally with its security guards, be liable to NFA Region V or toany person for any injury or damage or loss of property suffered by them within the securitycoverage of the AGENCY as a result of, among others, assault, arson, theft, robbery, pilferage,trespass, mischief or any unlawful act or negligence.In case of any loss to NFA Region V, payment shall be made immediately by the AGENCYthrough deduction from the latter’s claim of payment for security services the amount of whichshall be determined thru investigation to be conducted by NFA.E. Payment Procedures1. The AGENCY shall bill NFA on a monthly basis and NFA agrees to pay the amount billed by theCONTRACTOR within sixty (60) working days net of applicable withholding tax, after submissionof the following documents.a. First Billing:a. First Billinga.1 Service Invoicea.2. Statement of Accounta.3. Billing Summarya.4. Original Copy of Security Guard’s Duty Detail Order and/or Schedule of Guardswith signature of all SGs concerneda.5. Original Copy of Duty Detail Order and/or Schedule of Guards with signature of allSGs concerneda.5 Security Guards’ Individual DTR per Installation with signature of all SGsconcerneda.6 Consolidated SGs DTR per Installation with signature of all SGs concerneda.7 Notarized Joint Affidavit, Quitclaim and Waiver duly signed by all the SGsconcerneda.8 Notarized Certification that all salaries, wages and other benefits due to guardcovering the month is in accordance with PADPAO Rates and that the Agency hasnot exceeded the One Thousand Guardsa.9. Copy of Monthly Payroll and any other documents evidencing payments ofsalaries to the security guardsa.10 Certified true copy of Pag-IBIG Fund, PHILHEALTH and SSS Official Receipts withMembership Contributions Remittance Report62

. Succeeding Billinga.11 Copy of the Contract (certified photocopy)a.12 Notice of Award (certified photocopy)a.13 Notice to Proceed (certified photocopy)a.14 Copy of Performance Bond (certified photocopy)a.15 Security Personnel Status Reporta.1 Service Invoicea.2. Statement of Accounta.3. Billing Summarya.4. Original Copy of Security Guard’s Duty Detail Order and/or Schedule of Guardswith signature of all SGs concerneda.5. Original Copy of Duty Detail Order and/or Schedule of Guards with signature of allSGs concerneda.5 Security Guards’ Individual DTR per Installation with signature of all SGsconcerneda.6 Consolidated SGs DTR per Installation with signature of all SGs concerneda.7 Notarized Joint Affidavit, Quitclaim and Waiver duly signed by all the SGsconcerneda.8 Notarized Certification that all salaries, wages and other benefits due to guardcovering the month is in accordance with PADPAO Rates and that the Agency hasnot exceeded the One Thousand Guardsa.9. Copy of Monthly Payroll and any other documents evidencing payments ofsalaries to the security guardsa.10 Certified true copy of Pag-IBIG Fund, PHILHEALTH and SSS Official Receipts withMembership Contributions Remittance Reporta.11 Security Personnel Status Report2. It is agreed and understood that the payment of the contract price, exclusive of the 13 th monthpay which shall be released every six (6) months, shall be made on the condition that theAGENCY has paid its security guards who are assigned to NFA all their salaries, wages andother benefits due them up to the time of payment of said amounts by NFA in accordance withPADPAO rates. A Certification to this effect shall be stated and duly signed in the billings madeby the AGENCY. NFA shall not be required to pay directly to any of AGENCY’s personnel anyamount owing them by the AGENCY as salaries, wages or for any purpose whatsoever.3. Payment of sums hereunder shall be subjected to the usual government accounting andauditing regulations.4. Should NFA be constrained to file a case to obtain court relief against the AGENCY, the latter willhold itself liable to pay an amount equivalent to twenty (20%) percent of the amount claimedin the complaint as attorney’s fees, aside from the costs of the litigation and other expenseswhich may entitle the NFA to recover from the AGENCY any and all actions arising from thisAgreement which may party may decide to institute shall be filed with proper court in the Cityof Quezon.5. In case of breach of or violation by the AGENCY of any provision of this Agreement, the AGENCYshall pay NFA, by way of liquidated damages the sum equivalent to fifteen percent (15%) ofthe total contract price. It is understood that the damages herein provided are fixed, agreedand liquidated damages, and that to be entitled to such damages, the NFA shall not berequired to prove that it has incurred actual damages.7 Subcontracting of the security services covered by this project shall not be allowed.9.1 For the given scope of services in this Contract as awarded, all bid prices are considered fixed prices,and therefore not subject to price escalation during contract implementation, except underextraordinary circumstances, Revised Guidelines for Contract Price Escalation (Appendix 9 of theRevised IRR of RA 9184) and upon prior approval of the GPPB in accordance with Section 61 of RA9184 and its IRR-A or except as provided in this clause.63

9.2 1. All bid prices for the duration of the contract shall be fixed and shall not be adjusted during contractimplementation, except for the following:a. Increase in minimum daily wage pursuant to law or new Wage Order issued after date of bidding.In which case, the Contract is deemed amended as to consideration by increasing the wage perguard based on the newly set minimum wage rate provided for in the Wage Order.No adjustment shall be made on administrative and overhead cost of the Agency.b. Increase in taxesc. If during the term of the contract the NFA sees the need for an increase or decrease in thenumber of security guards, the resulting cost of said increase or decrease, provided that theABC for the relevant year is not exceeded.2. Price is inclusive of the taxes, salaries, wages, benefits and other remuneration due to the securityguards assigned to NFA under existing laws and regulations such as but not limited to SSScontribution, Philhealth, Pag-IBIG Fund and 13 th month pay.3. The rates of the guards shall at all times be in accordance with PADPAO computed rates on theamount due to the guards and the government, to be adjusted to conform with the actual numberof security guards deployed to NFA (based on NFA requirements) as well as any minimum wageadjustments mandated by law as implemented by the Regional Tripartite Wages and ProductivityBoard V of the Department of Labor and Employment.10.1 No further instructions10.2 All payments shall be made at the NFA Region V Regional/Provincial office subject to the usualaccounting and auditing rules and regulations.10.4-12 No further instructions13.1 No further instructions13.4 No further instructions13.4(c)17.4and17.5No further instructions17.3 Not applicableNot applicable19 The applicable rate is one tenth (1/10) of one (1%) percent of the cost of the unperformed portion forevery day of delay.The maximum deduction shall be ten (10%) percent of the amount of contract. Once the cumulativeamount of liquidated damages reaches ten percent (10%) of the amount of the contract, the procuringentity shall rescind the contract, without prejudice to other courses of action and remedies open to it.20.4 In the case of a dispute between the Procuring Entity and the Supplier, the dispute shall be resolved inaccordance with Republic Act 9285 (RA 9285), otherwise known as the “Alternative Dispute ResolutionAct of 2004”.21.1 “No additional provision”64

SECTION VISchedule of Requirements1. Scope of WorkThe subject matter of the bidding is for the award of contract for the procurement of SecurityServices of NFA Region V for security requirements of its six (6) provinces. The minimum number of170 guards for the whole lot required shall be in accordance with the NFA Regional SecurityManagement Plan.A. APPROVED BUDGET FOR THE CONTRACTThe Approved Budget for the Contract for the whole lot is TWENTY FOUR MILLION SEVENTY FIVETHOUSAND TWO HUNDRED SEVEN PESOS (Php24,075,207.00) which is based on Wage Order No.RBV-15 effective April 7, 2012 and PADPAO Standard Cost Distribution per Month effective April 7,2012.B. SCHEDULE OF REQUIREMENTS:Provinces Location and Post ClassificationNo. ofSGsAlbay a) PO/PO Compound, Legazpi City NFA-owned 9b) Tabaco GID Compound, Tabaco NFA-owned 9c) Bicol Seeds Compound, Libon NFA-owned 6d) Ligao Compound, Ligao NFA-owned 4e) Rodima Whse, Legazpi Leased 4f) Santiago Whse, Tabaco* Leased 3g) Jamestown Whse, Tabaco* Leased 3ih) Demetriou 1 Whse, Tabaco* Leased 3i) Rosan Whse, Ligao Leased 3j) Millenium Warehouse* Leased 4k) Tabaco/Legazpi Ports (Loading & Unloading6Operations)**Sub-Total 54CamarinesNorteCamarinesSura) Provincial Office Compound NFA-owned 10b) CMCLI Whses Leased 4c) Sn. Vicente LGU Whse*** Leased 3Sub-Total 17a) Provincial Office Compound NFA-owned 12b) Queen Whse, Pili Leased 3c) Santiago Whse, Pili Leased 4d) Ong Whse, Iriga Leased 3e) Isarog Whse, Tigaon Leased 3f) Bahay Whse, Libmanan Leased 3g) Benmar Whse, Bombon Leased 3h) Boclod Whse, San Jose Leased 3i) Tan Whse, Pili Leased 3j) PDC Whse, Ocampo Leased 3k) Apollo Whse, Pawili, Pili Leased 3Sub-Total 4365

Catanduanes a) Provincial Office Compound NFA-owned 7b) JICA Whse, Pandan NFA-owned 3c) Virac/Pandan Port**** (Unloading Operations) 3Sub-Total 14Masbate a) Provincial Office Compound NFA-owned 7b) Ang Whse, Cataingan Leased 3c) Cabitan Buying Station*** Leased 3d) Bon-oco Buying Station*** Leased 3e) Masbate Port****3(Unloading Operations)Sub-Total 19Sorsogon a) Provincial Office Compound NFA-owned 12b) Ching Bee Whse, Bulan Leased 3c) GSAC Whse, Gubat Leased 3d) Juanillo Whse, Irosin Leased 3e) Juanillo 2 Whse, Irosin Leased 3Sub-Total 24GRAND TOTAL 170* Expired lease contract and terminated security services. Number of security guards indicatedhereon based on projected utilization of leased warehouse in anticipation of the expected arrivalof imported rice.** Computation is based on the expected number of days of deployment of Security Guards duringunloading operations for the expected arrival of 160,000 bags imported rice allocated for theregion for the year 2013 and loading operations for the proposed transfer of 299,000 bags rice toCatanduanes and 298,000 bags rice to Masbate.*** For probable utilization during procurement season or for eight (8) months period only.**** Deployment of Security Guards for the unloading operations for the proposed transfer/shipmentof 299,000 bags to Catanduanes and 298,000 bags to Masbate for the year 2013. The guards areexpected to render duty for an estimated one hundred seventy (170) days only.66

SECTION VIITechnical SpecificationsINSTRUCTION: Prospective Bidders must state here either “Comply” or “Not Comply” against each ofthe individual parameters of each Specification stating the corresponding performance parameter of theequipment offered. Statements of “Comply” or “Not Comply” must be supported by evidence in aBidders bid and cross-referenced to that evidence. Evidence shall be in the form of unconditionalstatements of specification and compliance. A statement that is not supported by evidence or issubsequently found to be contradicted by the evidence presented will render the Bid under evaluationliable for rejection. A statement either in the Bidders statement of compliance or the supportingevidence that is found to be false either during Bid evaluation, post-qualification or the execution of theContract may be regarded as fraudulent and render the Bidder or supplier liable for prosecution subjectto the provisions of ITB Clause 3.1(a)(ii) and/or GCC Clause 2.1(a)(ii).(Security Services of NFA-Region V CY 2013)PARTICULARSONE LOT1 No. of Security Guards 1702 No. of Firearms12 GA Shotgun 19Ammunitions 3429 MM Pistol 10Ammunitions 90Cal. 38 35Ammunitions 3503 No. of Vehicles4-Wheeled 3Motorcycle 104 No. of Surveillance and Comm. EquipmentBase Radio 5HH Radio 46Charger 46CCTV Camera 7Cellphone 445 No. of Security/Office EquipmentMetal Detector 9Under chassis Mirror 8Traffic Vest 13Traffic Gloves 13Traffic Warning Light 4Flashlight 170Night Stick 170Whistle 170First Aid Kit 170Handcuffs 170Teargas Canister 170Logbooks (100 pages)* 176Emergency Light 32Big Umbrellas 59Rain Coats 170Rain Boots 170STATEMENT OFCOMPLIANCEJust state “Comply” or“not Comply”67

II. SPECIFICATIONS:1 Guards Licensed, at least high school graduateAt least 21 years old but not more than 55 andphysically fit2 Firearms12 GA Shotgun Licensed, test fired and in good condition9 MM Pistol Licensed , test fired and in good conditionCal. 38Licensed, test fired and in good condition3 Ammunitions12 GA shotgun Live9 MM Pistol Live, full metal jacketCal. 38Live4 Vehicles4-Wheeled Roadworthy condition with gasoline (at lease 4-passenger capacity)MotorcycleRoadworthy condition with gasoline5 Surveillance and Comm.EquipmentBase RadioFunctionalHH RadioFunctional, fully chargedChargerFunctionalCCTV CameraOperationalCellphonePre-paid and functional/loaded6 No. of Security/OfficeEquipmentMetal DetectorFunctionalUnder chassis Mirror FunctionalTraffic VestGood conditionTraffic GlovesGood conditionTraffic Warning Light OperationalFlashlightOperational and with battery, required per guardNight StickGood conditionWhistleGood conditionFirst Aid KitComplete with first aid medicinesHandcuffsGood conditionTeargas CanisterGood conditionLogbooks (100 pages)* Pre-numberedEmergency LightOperationalBig UmbrellasPreferably with name of the agencyRain CoatsRequired per guardRain BootsRequired per guardConforme(Company Name)(Name and Signature of Authorized Representative)(Date)68

ANNEX “A”Republic of the PhilippinesNATIONAL FOOD AUTHORITYRegional Office VLegazpi CityAPPLICATION TO BID ANDREQUEST FOR AUTHORITY TO CONDUCT SITE INSPECTIONProcurement of Security Services for NFA Region VCovering the period February to December 31, 2013I, _________________________________________of legal age, presently the__________________________of the ____________________________________________________________________________________________________________,a sole proprietorship/partnership/corporation, duly organized under the law of thePhilippines with principal address at ___________________________________________________________________________________________; after having been dulysworn in accordance with law, hereby depose and say:That the ________________________________________ has been engaged inthe security business for at least five (5) continuous years with PNP SOSIA License No.__________________________ Expiry Date ______________________.Consequently, I hereby request for authority to conduct Site Inspection subject tothe rules and regulations of NFA Region V.IN WITNESS WHEREOF, I hereby affix my signature this ______ day of______________ at __________________________._______________________AffiantSUBSCRIBED AND SWORN to before me this _____ day of ___________2013 in the______________________________, affiant exhibited to me his/her valid IdentificationCard (ID) duly issued by a government entity to wit: _____________________ issuedon _________________at ___________________.Doc.No.________________Page No. _______________Book No. ______________Series of ______________________________________Notary Public69

Republic of the PhilippinesNATIONAL FOOD AUTHORITYRegional Office VLegazpi CityANNEX BPUBLIC BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FOR NFA-REGION VCovering the period February to December 31, 2013CHECKLIST OF BID DOCUMENTS1. Section I : Invitation to Apply for Eligibility and to Bid2. Section II : Instruction to Bidders3. Section III : Bid Data Sheet4. Section IV : General Conditions of Contract5. Section V : Special Conditions of Contract6. Section VI : Schedule of Requirements7. Section VII : Technical Specifications8. Section VIII : FormsINSTRUCTIONS: The following required documents shall the accomplished, satisfied andsubmitted in chronological order to the NFA RBAC on January 16, 2012, 10:00 AM at theNFA Regional Office located at Pier Site, Legazpi City. Prospective Bidders are requiredto submit in four (4) copies (1 original and 3 certified photocopies) each of the requireddocuments. All pages of the Bid, including attachments thereto shall be signed by theperson signing the Bid.A. ENVELOPE # 1 (TECHNICAL COMPONENT)RBAC DOCUMENTS1 Annex A Duly Notarized Application to Bid and Request to Conduct Site Inspection2 Annex B Notarized Checklist of Bid Documents3 Annex C One (1) Passport size photo with accompanying three (3) specimen signatures of theowner and/or authorize representative4 LEGAL DOCUMENTSFor Corporation: Original and Certified True Copy of Securities and ExchangeCommission (SEC) Registration CertificateArticles of Incorporation (AOI)Current Years General Information Sheet (GIS) stamped RECEIVED by SEC,Duly notarized Board Resolution and Secretary CertificateFor Partnership: Original and Certified True Copy of Securities and ExchangeCommission (SEC) Registration CertificateArticles of Incorporation (AOI)Current Years General Information Sheet (GIS)Duly notarized Resolution appointing the authorized representativeFor Sole Proprietorship: Original/Certified True Copy of Registration from DTIDuly notarized Special Power of Attorney (SPA) issued by owner/proprietorFor Cooperative: Original/Certified True Copy of Certificate of Registration from CDA,Articles of Incorporation and By-lawsDuly notarized Board Resolution appointing the authorized representative to representthe cooperative;5 Original/Certified True Copy of valid and current Mayors Business Permit/License6 Annex D-1 Sworn Statement of all its on-going and completed government and private contractswithin the last three (3) years, including contracts awarded but not yet started, if any.7 Annex D-2 Sworn Statement of all Government and Private Contracts completed within the lastthree (3) years which are similar in nature8 Annex D-3 Sworn Statement of Bidders Single Largest Contract as Principal Contractor9 Audited financial statements stamped received by the Bureau of Internal Revenue70

(BIR) or its duly accredited and authorized institutions for the year 2011:a. Balancesheet, b. Income Statement, c. Certified Public Accountants (CPAs) certification thathe/she has examined/audited the financial statements10 Annex E Prospective Bidders computation of its Net Financial Contracting Capacity (NFCC)11 Annex F Credit Line Certificate12 Original/Certified True Copy of valid and current Regular (Not Provisional) License toOperate (LTO) a Private Security Agency issued by the PNP-SOSIA.13 A valid Certificate of Good Standing duly issued by the Philippine Association ofDetectives and Protection Agency Operators (PADPAO), Inc.14 Original/Certified True Copy of Bureau of Internal Revenue Registration Certificate;15 Original/Certified True Copy of proof of electronic registration with the BIR underElectronic Filing Payment System (EFPS);16 Original/Certified True Copy of Proof of BIR payments thru EFPS.17 Original/Certified True Copy of Tax Identification Number (TIN)18 Original/Certified True Copy of Valid Certificate/Registration of membership with the(a) Social Security System, (b) DOLE, (c) Philhealth and (d) Pag-IBIG Fund.TECHNICAL DOCUMENTS19 Completed filled-out Technical Specifications Bid Form containing the generaltechnical description for the services to be bid20 Annex G Minimum qualifications of security guards to be assigned at NFA21 Annex H Sworn Statement of Five (5) biggest clients for the last three (3) years on-going andcompleted22 Annex I Bidders OMNIBUS AFFIDAVIT23 Annex J Affidavit/Undertaking of No Injunction24 Annex K Affidavit of Site Inspection25 Annex K-1 Certification26 Annex K-2 Authority to Conduct Site Inspection27 Annex L Company Profile and Organizational Set up28 Sworn Statement that the bidder has a net of combined assets equivalent to twentyfivepercent (25%) of the ABC as certified by an independent auditor29 Annex M Duly notarized list of Licensed Security Guards30 Annex N Duly notarized list of Licensed Firearms registered in the name of the Bidder withcomplete description(make, type, caliber, license number and expiry date)31 Annex O Duly notarized list of Motor-Powered Vehicles and Security SupportFacilities/Equipment (owned and/or leased)32 Annex P Notarized List/number and type of communication devices33 Annex Q Duly notarized Certification of Compliance with the qualifications of security guards tobe assigned at National Food Authority Region V offices34 Annex R Duly Notarized Security Management Plan and Detailed Logistics Requirements35 Other Factors: Requirement and Selection Criteria36 Completeness of uniforms and other Paraphernalia evidenced by drawings, picturesand/or sketch.37 Security Management expertise and experience of Key Agency Officers and Personnelincluding possible NFA Chief Operations38 Awards/Citations39 Annex S Technical Bid Form (pg 1 of 6)40 Annex S-1 Technical Bid Form (pg 2 of 6)41 Annex S-2 Technical Bid Form (pg 3 of 6)42 Annex S-3 Technical Bid Form (pg 4 of 6)43 Annex S-4 Technical Bid Form (pg 5 of 6)44 Annex S-5 Technical Bid Form (pg 6 of 6)45 Annex T Sworn Statement on Technical Specifications46 Bid SecurityB. ENVELOPE # 2 (FINANCIAL COMPONENT)47 Annex T Financial Bid Form48 Annex U Computation/Cost Distribution of the Minimum Monthly Contract Rate of Guard (pg 2 of2)49 AnnexV-1 Price Schedule Summary for Albay50 AnnexV-2 Price Schedule Summary for Cam. Norte51 AnnexV-3 Price Schedule for Cam. Sur52 AnnexV-4 Price Schedule Summary for Catanduanes53 AnnexV-5 Price Schedule Summary for Masbate54 AnnexV-6 Price Schedule for Sorsogon55 Annex W Illustration on Marking and Sealing71

ANNEX “C”__________________________________Name of Private Security Agency___________________________________Address___________________________________Telephone/Fax No.Bidding for the Procurement Security Services for NFA-Region VPHOTO AND SPECIMEN SIGNATURESNAME OF REPRESENTATIVE :_____________________________DESIGNATION : _____________________________SIGNATURES : _______________________________________________________________________________________72

ANNEX D-1BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FOR NFA REGION VSworn Statement of all On-Going and Completed Government & Private Contracts within thelast three (3) years, including Contracts Awarded but not yet started, if anyBusinessNameBusiness AddressName ofContract/LocationProject CostGovernment: ___________________________________________________: ___________________________________________________a.Owner Nameb. Addressc. TelephoneNos.Natureof WorkBidder’s Role a.Date AwardedDescriptionb.Date Started% c.Date of Completion Planned Actual% of Accomplishment Value ofOutstandingWorks/Delivered PortionPrivateNote: This statement shall be supported with Original Copy of:1 Notice of Award and/or Contract2 Notice to Proceed issued by the owner3 Certificate of Accomplishments signed by the owner or authorizedreprese4 End User’s Acceptance or Official Receipts issued for theTotal CostContract, if completedSubmitted by: ___________________________________________________(Printed Name & Signature)DesignationDate: ___________________________________________________: ___________________________________________________ACKNOWLEDGMENTSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibitinghis duly issued identification card/license/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)73

ANNEX D-2BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FOR NFA REGION V for CY 2013Sworn Statement of all Government & Private Contracts including Competed within the lastthree (3) years which are similar in natureName of PrivateSecurity AgencyBusiness AddressTelephone/Fax Numbers: ___________________________________________________: ___________________________________________________Name of Contract/LocationProject Costa.Owner Nameb. Addressc. Telephone Nos.Natureof WorkBidder’s RoleDescription%a.Amount at Awardb.Amount at Completionc.Date of Completiona. Date of Awardb. Contract Effectivityc. Date CompletedGovernmentPrivateNote: This statement shall be supported with Original Copy of:1 Notice of Award and/or Contract2 Notice to Proceed issued by the owner3 Certificate of Accomplishments signed by the owner or authorizedrepresentativeSubmitted byDesignationDate: ___________________________________________________(Printed Name & Signature): ___________________________________________________: ___________________________________________________ACKNOWLEDGMENTSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibitinghis duly issued identification card/license/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)74

ANNEX D-3SWORN STATEMENT OF BIDDER’S SINGLE LARGEST CONTRACTAS PRINCIPAL CONTRACTORI, _____________________________________, of legal age, _________________, residing(Name of Owner/Authorized Representative)(Status)at __________________ after being sworn in accordance with the law, do hereby depose and(Address)say:1. That I am the AUTHORIZED REPRESENTATIVE/PROPRIETOR/OWNER of __________________with office address at ____________________________________.;2. That our company’s Single Largest Contract as Principal Contractor, completed within the lastthree (3) years and similar to the contract to be bid, is at least (50%) percent of ApprovedBudget of the Contract:Date Contract Period Company Nature of Contract Amount________ ________________ _________________ _________________ P___________3. That the certified photocopy/ies of the following documents are hereto attached to supportthe computation of the single largest contract completed for the information of the NationalFood Authority-RBAC, Region V, Legazpi City:Type of Documents AmountA. ______________ __________B. ______________ __________C. ______________ __________IN WITNESS WHEREOF, I have hereunto set my hands this ___________________ day of_________________________, 2013, in the City of ________________, Philippines.___________________AffiantSUBSCRIBED AND SWORN to before me this __________ day of ___________________ 2013,affiant exhibited to me his/her Community Tax Certificate No. ___________________ issued on_____________________ at _____________________, Philippines.Doc. No. ________Page No. ________Book No. _________Series of ________________________________Notary Public75

ANNEX E(Bidder’s Company Letterhead)NFA Region V Security Services RequirementCovering the period February to December 2013Eligibility FormCERTIFICATE OF NET FINANCIAL CONTRACTING CAPACITY(Please show computation)This is to certify that our Net Financial Contracting Capacity (NFCC) is Philippine Pesos_________________ (=P ____________) which is at least equal to the total ceiling price ofthe services we are bidding. The amount is computed as follows:NFCC = (CA-CL) (K) – CWhere:CA = Current AssetsCL = Current LiabilitiesK = 10 for a contract duration of one year or less,15 for a contract duration of more than one year up to two years and 20for a contract duration of more than two yearsC = value of all outstanding contracts/projects under ongoing contracts, includingawarded contracts yet to be startedIssued this ______day of ______________, 2013.(Company Authorized Representative)NAME :DESIGNATION :76

ANNEX FBank’s LetterheadNFA Region V Security Services RequirementCovering February to December 2013BANK CREDIT LINE / CASH DEPOSIT CERTIFICATEDateNational Food Authority__________________________________________Gentlemen:At the request of our client ____________________________________ with businessaddress at ________________________________________, we hereby certify that as of________(date)_____ our client has an existing credit line/cash deposit in the amount ofPHILIPPINE PESO: ___________________________________________________(P_____)equivalent to at least 20% of the total ceiling price for the Contract to bid and is earmarkedexclusively for said contract.This certification is being issued in compliance to the capitalization requirements of NFArelative to the NFA Security Services Requirement Covering February to December 31, 2013to wit:DescriptionTotal Ceiling PriceCERTIFIED BY:(Bank Signatory)JURAT77

ANNEX GTechnical Bid FormNFA SECURITY SERVICES REQUIREMENTCOVERING February to December 31, 2013Proposal on the Bidding of NFA Security Services RequirementCovering February to December 31, 2013Type or print clearly and indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO”ENTRY WILL NOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THEBIDDER’S PROPOSAL.WE, the undersigned bidder, having examined the Bidding Documents including BidBulletins, as applicable, and having complied with the Eligibility requirements for this project,hereby OFFER to (supply/deliver/perform) the herein described services.We undertake, if our bid is accepted, to deliver the services in accordance with the termsand conditions contained in the bid documents, including the posting of the requiredperformance security within seven (7) working days from receipt of the Notice of Award/Noticeto Proceed.Until a formal contract/order confirmation is prepared and signed, this Bid is binding on us.Minimum Qualifications of Security Guardsa. Must be a Filipino citizenb. Must be at least a high school graduatec. At least twenty-one (21) years of age but not more than fifty-five (55)years oldd. At least 5’4” tall with medium builtBidder’sProposale.Must be physically and mentally fit (medical certificate attached, and forthis matter a neuro-psychiatric clearance from PNP and DOH-accreditedinstitution and confirmed by a physician of the Corporation must besubmitted.f. Of good moral character and cleared by law enforcement or policeagencies and other government offices issuing clearances foremployment and without previous record of any conviction by finaljudgment of a criminal offense involving moral turpitude. Must possesshonorable discharge documents, if with military background. Copies ofclearances shall be furnished the NFA as maybe necessary.g. Possesses good public relations or should know proper decorum as statedin the Code of Ethics.h. Licensed to carry firearms and properly screened and cleared by the PNP,NBI and other concerned government offices for this purpose. Copies ofsuch clearances to be furnished to the NFA upon deployment.i. Must be a holder of a Certificate of Training for Security Guards and otherrequirements of RA 5487 as amended.j. Holder of a Security guard’s license from the PNP-SOSIA and valid for atleast one (1) year, from date of posting and must be able to file anapplication for renewal of his license, so that immediately when hislicense expires, the renewal shall have been already approved and issuedto him.k. Trained in handling firearms as evidenced by certificate of training/sattended in accordance with the requirements prescribed by the PNP-SAGSD78

l. In prescribed uniform and armed with a shotgun, pistol and/or revolverwith firearms license and sufficient ammunition at all times during histour of duty.m. Capable of assimilating written and/or oral instructions in English andFilipino and can render intelligible reports.n. Must maintain good grooming, preferably military haircut.o. Must be knowledgeable of the Eleven (11) General Orders.__________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date79

ANNEX H(Bidder’s Company Letterhead)NFA Security Services RequirementCovering the period February to December 2013Approved Budget for the Contract: =P 24,075,207.00 (Eleven Months (11) Only)SWORN STATEMENT OF FIVE BIGGEST CLIENTS FOR THE LAST THREE YEARS ON-GOING ANDCOMPLETED CONTRACTS FOR SECURITY SERVICESName &Address ofClientsName of Contract PersonPhone & fax Nos., EmailAddress/esValue of theContract/ContractPriceInclusive Dates ofContractTotalCERTIFIED CORRECTName & Signature of Authorized RepresentativePositionDateJURAT80

ANNEX IOMNIBUS SWORN STATEMENT(Bidder’s Company Letterhead)NFA Security Services Requirement Covering February to December 31, 2013Approved Budget for the Contract: =P 24,075,207.00 (Eleven (11) Months Only)Eligibility FormAFFIDAVITI, _________________________________, of legal age, with residence at __________________,after having been duly sworn in accordance with law, being the duly authorized representative of, located at ______________________________, with Telephone No.______________; Fax No. ______________ and e-mail address, ___________________________, andin compliance with the bidding requirements as contained in the Instructions to Bidders for the NFASecurity Services Requirement Covering February to December 31, 2013, do hereby certify under oathas follows:(A)CERTIFICATION OF AUTHORIZED REPRESENTATIVEThis is to certify that the following is/are the duly authorized representative(s) of our company_________________________________ with offices located at__________________________________________________________ for purposes of signing all biddocuments and related documents including the contract for the NFA Security Services Requirementcovering ___________ to ______________2013:Name: ___________________________Title: ___________________________Specimen Signature: _________________(B)AFFIDAVIT OF DISCLOSURE OF RELATIONSThat for and in behalf of the Bidder, I hereby declare that: all our the Company officers, directors, andcontrolling stockholders, are not related by consanguinity or affinity up to the third civil degree with themembers of the Board of Directors, the President, Officers or Employees having direct access toinformation that may substantially affect the result of the bidding such as, but not limited to, themembers of the NFA BAC , the members of the TWG of NFA, the NFA BAC Secretariat and the NFA enduser/proponent.It is fully understood that the existence of the aforesaid relation by consanguinity oraffinity of the Bidder with the aforementioned Officers of the Corporation shall automatically disqualifythe Bid.THE BIDS & AWARDS COMMITTEE IINational Food Authority (NFA)(C)LETTER OF AUTHORIZATIONReference: NFA Security Services Requirement Covering February to December 31, 2013The undersigned duly authorized representative of the Applicant, for and in behalf of theApplicant, I hereby give consent and give authority to the Chairman of NFA BAC or her duly authorizedrepresentative, to verify the authenticity and correctness, of any or all of the documents and statementssubmitted herein; and that I hereby hold myself liable, criminally or civilly, for any misrepresentation orfalse statements made therein which shall be ground for outright disqualification and/or ineligibility,and inclusion of my/our company among the contractors blacklisted from participating in future81

iddings of the National Food Authority.(D)CERTIFICATION OF AUTHENTICITY OF DOCUMENTSThis is to certify that all the certified true copies of documents submitted by our company aretrue and faithful reproductions or copies of the originals and all the contents/information containedtherein are true, correct and unaltered.(E)STATEMENT OF NOT CURRENTLY UNDER SUSPENSION WITH NFA NOR BLACKLISTED BY ANYGOVERNMENT AGENCY OR OFFICEThat the firm I represent is not currently under suspension nor blacklisted or barred frombidding by any government office /agency/corporation or Local Government Unit.(F)STATEMENT OF NO UNFULFILLED OR UNPERFORMED SECURITY SERVICESThat the firm I represent has no unfulfilled or unperformed security services to NFA or to any ofits regional offices and must have a final Certificate of Completed Contract/Acceptance for all contractsentered by the contractor with NFA or to any of its regional offices.(G)CERTIFICATION RE TAX LIABILITIESI hereby certify that our company is free and clear of all tax liabilities to the government.(H)CERTIFICATE OF BIDDER’S RESPONSIBILITY1. That I have taken steps to carefully examine all of the bidding documents;2. That I acknowledged all conditions, local or otherwise affecting the implementation of thecontract;3. That the submission of all bidding requirements shall be regarded as acceptance of all conditionsof bidding and all requirements of authorities responsible for certifying compliance of thecontract;4. That I have complied with our responsibility as provided for in the bidding documents and allSupplemental /Bid Bulletins;5. That failure to observe any of the above responsibilities shall be at my own risk and6. That I agree to be bound by the terms and conditions stated in the Conditions of the Contractfor this project.(I)CERTIFICATION OF SSS AND DOLE COMPLIANCEI hereby certify that our company diligently abides and complies with SSS and DOLE regulationsand hereby undertakes to submit all required documents pursuant to G.2.2.2.8 within one (1) week frombid opening date.(J)CERTIFICATION ON COMPLIANCE WITH PADPAO RATES FOR SECURITY SERVICES82

I hereby certify and attest that our company ___________________________________(name ofthe company) shall strictly adhere and comply with PADPAO adopted and approved monthly contractrates for the services of all security guards who will be assigned to NFA.(K)CERTIFICATION ON SUBMISSION OF NEURO-PSYCHIATRIC AND DRUG TEST RESULTSI hereby certify and attest that our company ____________________________(name of thecompany) will submit neuro-psychiatric and drug test results within fifteen (15) days after receipt ofNotice of Award/Notice to Proceed.(L)CERTIFICATION ON COMPLIANCE OF SECURITY GUARDS’ QUALIFICATIONSI hereby certify and attest that our company _____________________________ (name of thecompany) shall comply with the qualifications of the security guards as well as the required trainingdetailed in the Scope of Services.In witness whereof, I have hereunto affixed my signature this ________ day of ___________ in______________.___________________________AFFIANTSUBSCRIBED AND SWORN TO BEFORE ME this ____________day of ______________at_________________, Philippines. Affiant exhibited to me his/her Residence Certificate No._____________ issued ____________________at ________________________, Philippines.Doc. No. _______Page No._______Book No._______Series of_______83

ANNEX JREPUBLIC OF THE PHILIPPINES)_____________________________) S.S.AFFIDAVIT/UNDERTAKING OF NO INJUNCTIONThe undersigned __(Name of Authorized Representative)____, in his/her capacity as the____(Designation)______, and as the authorized signatory of _______ Name ofCompany/Entity/Cooperative)_________________________________________, a singleproprietorship/corporation/partnership/cooperative, duly registered and existing under the laws of thePhilippines, with principal office address at___________________________________________________, having been duly sworn in accordancewith law, does hereby depose, state, warrant, waive and undertake, in relation to the bidding for__________________________________________the following:1. That _____ Name of Company/Entity/Cooperative )_______ and any and all of its officers,directors or controlling stockholders/owners hereby undertake and commit to duly and strictlycomply and abide with the following:“Any Court action including any petition for a preliminary or mandatory injunction or a temporaryrestraining order, or any other provisional remedy may be resorted to only after the protestscontemplated in the Instruction to Bidders shall have been completed and all administrativeremedies have been exhausted. Cases that are filed in violation of the process specified hereinshall be dismissed for lack of jurisdiction. The regional trial court shall have jurisdiction over finaldecisions of the head of the procuring entity. Court actions shall be governed by Rule 65 of the1997 Rules of Civil Procedure.”2. That failure on the part of _____________Name of Company/Entity/Cooperative_________ and/orany and all of its officers, directors or controlling stockholders/owners to comply and abide with theabove-stated provisions shall result to the automatic dismissal for lack of jurisdiction, lack of causeof action, prematurity and/or forum shopping of any court action that may be filed by_____________Name of Company/Entity/Cooperative_________ and/or any and all of its officers,directors or controlling stockholders/owners or by anyone in behalf of the latter relative, pertinent,corollary to or in connection with the subject bidding process;3. That _____________Name of Company/Entity/Cooperative_________ and any and all of its officers,directors or controlling stockholders/owners hereby bind themselves that any such court action thatmay be filed relative or pertinent to the bidding process concerned can only be filed in thejurisdiction of the courts of Quezon City to the complete exclusion of any other venue as said othervenues are hereby completely waived;4. That, further, failure to comply and abide with the immediately foregoing shall result to theautomatic dismissal of such court action that may be filed for lack of jurisdiction or lack of cause ofaction;5. That furthermore, violation of the provisions of paragraph 1 herein shall result to the automaticconversion of the bid security posted into being callable on demand which maybe immediatelyproceeded upon by NFA;6. That finally, same violation of paragraph 1 shall result to the disqualification of_____________(Name of Company/Entity/Cooperative)_________ from present and futureprocurement activities/projects of NFA.The undersigned further attests to the truth and correctness of the foregoing statements andundertakings according to his personal knowledge.SIGNED this _____________day of __________________at ____________________._______________________________Signature of Authorized Officer/Signatory84

_______________________________Printed Name of authorized Officer/Signatory______________________________DesignationACKNOWLEDGMENTSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibiting his dulyissued Identification Card/License/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)85

ANNEX KAFFIDAVIT OF SITE INSPECTIONI, _________________________________________of legal age, Filipino citizen and a resident ofthe ____________________________________________; after having been duly sworn in accordancewith law, hereby depose and state:THAT I am the (position) of the __________________________Security Agency;THAT relative to the conduct of public bidding for the procurement of Security Services of NFARegion V, I conducted site inspection on the following NFA installations/office/post as follows:ALBAYINSTALLATIONS POST LOCATIONCAMARINES NORTECAMARINES SURCATANDUANESMASBATESORSOGONTHAT I have taken into consideration all matters pertaining to the following:a) Location and nature of this projectb) Climatic conditionsc) Transportations facilitiesd) Other factors that may affect the cost, duration and execution or implementation of thisprojectIN WITNESS WHEREOF, I hereby affix my signature this ______ day of ______________ at__________________________.JURAT_______________________Affiant86

ANNEX K-1CERTIFICATIONThis is to certify that _____________________________________________(Name of Security Agency)represented by _____________________________________has conducted Security Site Inspection atthe warehouses, facilities and installations of the following NFA Region V/Provincial Offices/installation(s)/warehouse(s) under __________________________ on the indicated dates::(NFA Provincial Office)NFAOFFICE/INSTALLATION/WAREHOUSEDATE OF INSPECTIONSIGNATURE OF AUTHORIZEDPERSONNELThis Certification is issued to the Security Services Agency in connection with their intention toparticipate in the Bidding of Contract for Security Services of NFA Region V for CY 2013.NOTED:___________________Provincial Manager87

ANNEX K-2Republic of the PhilippinesNATIONAL FOOD AUTHORITYRegional Office VLegazpi CityAUTHORITY TO CONDUCT SITE INSPECTIONBidding for Security Services of NFA-Region VThis is to authorize _______________________________ to Conduct Security Survey at thefollowing NFA Region V/Provincial Offices installations:INSTALLATIONS POST LOCATIONALBAYCAMARINES NORTECAMARINES SURCATANDUANESMASBATESORSOGONIssued this _________________ day of _________________2013 at NFA Region V, Legazpi City.RENATO Y. SANEDRIN, MNSAAsst. Regional Director/RBAC Chairman88

ANNEX LNFA Region V Security Services RequirementCovering February to December 31, 2013Approved Budget for the Contract: Php24,075,207.00(Eleven (11) Months Only)Eligibility FormCOMPANY NAME :ADDRESSHEAD OFFICE :BRANCH :TELEPHONE NOS.HEAD OFFICE :BRANCH :FAX NUMBER/SHEAD OFFICE :BRANCH :E-mail Address/es :COMPANY PROFILENUMBER OF YEARS IN THESECURITY SERVICESTOTAL CURRENT NO. OF SECURITYGUARDS DEPLOYED::LIST OF OFFICERSCERTIFIED CORRECT:Name & Signature of Authorized RepresentativePositionDate89

ORGANIZATIONAL SET-UP/ORGANIZATIONAL STRUCTURE(In accordance with Rule IX Section I and 2 of 2003 IRR of RA 5487)CERTIFIED CORRECT:Name & Signature of Authorized RepresentativePositionDate90

ANNEX M(Bidder’s Company Letterhead)___________________________Name of Private Security Agency___________________________Address___________________________Telephone/Fax No.BIDDING FOR THE PROCUREMENT OF OF SECURITY SERVICES FOR NFA REGION VLIST OF LICENSED SECURITY GUARDSName Birthday Security Guard’s License SSS NumberNo.Expiry DateI hereby commit to provide the above specified security guards in compliance with bidding requirementsof NFA Region V for the year 2013.IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of 2013 in________________________.____________________AffiantSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibiting his dulyissued Identification Card/License/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)91

(Bidder’s Company Letterhead)ANNEX N___________________________Name of Private Security Agency___________________________Address___________________________Telephone/Fax No.BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FOR NFA REGION VLIST OF LICENSED FIREARMSMAKE TYPE CALIBER SERIAL NO. LICENSE NO. EXPIRY DATE1. Long FirearmsII. Short FirearmsI hereby commit to provide the above specified firearms in compliance with bidding requirements ofNFA Region V for the year 2013.IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of 2013 in________________________.____________________AffiantSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibiting his dulyissued Identification Card/License/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)92

ANNEX O(Bidder’s Company Letterhead)___________________________Name of Private Security Agency___________________________Address___________________________Telephone/Fax No.BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FOR NFA REGION VLIST OF MOTOR-POWERED VEHICLES AND SECURITY SUPPORTFACILITY/EQUIPMENTMAKE SERIES PLATENO.1. 4-WheelSERVICE VEHICLEOR NO. DATE CR NO. REMARKSII. MotorcycleIII. Others (please specify)NO. OF UNITSNAME OF FACILITY/EQUIPMENTDESCRIPTIONI hereby commit to provide the above specified motor-powered vehicles and security supportfacilities/equipment in compliance with bidding requirements of NFA Region V for the year 2013.IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of 2013 in________________________.____________________AffiantSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibiting his dulyissued Identification Card/License/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)93

ANNEX P(Bidder’s Company Letterhead)___________________________Name of Private Security Agency___________________________Address___________________________Telephone/Fax No.BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FOR NFA REGION VLIST OF COMMUNICATION DEVICESBRAND/MAKE SERIAL NO. DESCRIPTION NTC LICENSE NO. EXPIRY DATE1. Base RadioII. Two -way RadioIII. Cellular PhoneIV. OthersI hereby commit to provide the above specified communication devices in compliance withbidding requirements of NFA Region V for the year 2013.IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of 2013 in________________________.____________________AffiantSUBSCRIBED AND SWORN TO before me this ____day of _______2013, affiant exhibiting his dulyissued Identification Card/License/Passport Number _____ ____________ issued at_____________________, Philippines on ______________, Philippines.Doc. No. _______Page No. _______Book No. _______Series of ________________________________(Notary Public)94

ANNEX QMINIMUM QUALIFICATIONS OF SECURITY GUARDS TO BE ASSIGNED AT THEFOOD AUTHORITY1. SECURITY GUARDSNFA Security Services RequirementCovering February to December 31, 2013Approved Budget for the Contract: =P 24,075,207.00 (Eleven (11) Months Only)1. The qualifications of security guards are as follows:a. Must be a Filipino citizenb. Must be at least high school graduatec. At least twenty one (21) years of age but not more than fifty-five (55) years oldd. At least 5’4” tall with medium builte. Must be physically and mentally fit (medical certificate attached), as indicated in the neuropsychiatricclearance from PNP and DOH-accredited institution and confirmed by a physician ofthe Corporation.f. Of good moral character and cleared by law enforcement or police agencies and othergovernment offices issuing clearances for employment and without previous record of anyconviction by final judgment of a criminal offense involving moral turpitude. Must possesshonorable discharge documents, if with military background. Copies of clearances shall befurnished the NFA as maybe necessary.g. Possesses good public relations or should know proper decorum as stated in the Code of Ethicsh. Licensed to carry firearms and properly screened and cleared by the PNP, NBI and otherconcerned government offices for this purpose. Copies of such clearances to be furnished tothe NFA upon deployment.i. Must be a holder of a Certificate of Training for Security Guards and other requirements of RA5487 as amended.j. Holder of a Security guard’s license from the PNP-SOSIA and valid for at least one (1) year, fromdate of posting and must be able to file an application for renewal of his license, so thatimmediately when his license expires, the renewal shall have been already approved andissued to him.k. Trained in handling firearms as evidenced by certificate of training/s attended in accordancewith the requirements prescribed by PNP-SAGSD.l. In prescribed uniform and armed with a shotgun, pistol and/or revolver with firearms licenseand sufficient ammunition at all times during his tour of duty.m. Capable of assimilating written and/or oral instructions in English and Filipino and can renderintelligible reports.n. Must maintain good grooming, preferably military haircut.o. Must be knowledgeable of the Eleven (11) General Orders.2. SECURITY SUPERVISORa. Completed at least two years college course.b. At least five (5) years experience on supervisory job.c. At least 5’4” in height.d. Physically and mentally fit and no defects that will interfere with the efficient performance ofduties. No hearing and color-vision defects.e. No pending or previous administrative or criminal case. Not dishonorably discharged orseparated from the service.f. Duly licensed by the PNP-SOSIA as officer and properly screened and cleared by the PNP andother government offices issuing clearances for employment.g. Equipped with Security Officer Licenseh. Has passed Neuro-psychiatric test, drug test.i. Of Good moral character and reputation, courteous & alert.j. Intelligent (above average knowledge) integrity, high moral standards, discipline andprofessional loyalty.k. Positive attitude, peacemaker, emotionally stable even under pressure.95

l. Capable of assimilating written and/or verbal instructions in English and/or Filipino andcomputer literate.m. Must be in proper Uniform (Polo Barong) & armed with rifle, shotgun pistol or revolver, withsufficient ammunition at all times during tour of duty.3. OTHER REQUIREMENTSRetraining the guard force at least once a year or lesser as the need for the same arises. Thefollowing subject matters shall be conducted:a. Republic Act No. 5487, as amendedb. Courtesy and Disciplinec. Professional Conduct/General and Special Ordersd. Personal Appearance, care of uniform and equipmente. Unarmed defensef. Public and Human Relationsg. Physical Security and Safety Systemh. Fire Prevention and Controli. Personnel Securityj. Emergency Planningk. Physical Security Planning (Survey and Inspection)l. Confidentiality of Sensitive Informationm. First Aid Techniquesn. Weapon Trainingo. Corporate Polices, Rules and Regulationsp. Enemy Agaw-Armas Program Dismantled drill/inspectionq. Strikes/lockouts/disturbancesr. Communication and Protective Alarm Systems. History and Philosophy of Security Professiont. Criminal Justice Systemu. Report Writingv. Legal Aspect of Securityw. New Philippine Constitutionx. Organization, Mission and function of PNPy. Dealing with Difficult Peoplez. Crisis Interventionaa. Counter TerrorismConforme:_________________________________Bidder’s Company Name_________________________________Signature of Authorized Representative_________________________________NFA Security Services Designation Requirement_________________________________96

ANNEX RSECURITY MANAGEMENT PLAN(Based on Regional SMP of NFA Region V)CERTIFIED CORRECT:Name & Signature of Authorized RepresentativePositionDate97

NATIONAL FOOD AUTHORITYTechnical Bid FormANNEX S (pg 1 of 6)NFA SECURITY SERVICES REQUIREMENTCOVERING THE PERIOD FEBRUARY TO DECEMBER 2013Proposal on the Bidding of NFA Security Services Requirementcovering February to December 2013Type or print clearly and indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO” ENTRYWILL NOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THE BIDDER’SPROPOSAL.WE, the undersigned bidder, having examined the Bidding Documents including Bid Bulletins,as applicable, and having complied with the Eligibility requirements for this project, hereby OFFERto (supply/deliver/perform) the herein described services.We undertake, if our bid is accepted, to deliver the services in accordance with the terms andconditions contained in the bid documents, including the posting of the required performancesecurity within seven (7) working days from receipt of the Notice of Award/Notice to Proceed.Until a formal contract/order confirmation is prepared and signed, this Bid is binding on us.Minimum RequirementsBidder’s ProposalNo. ofNo. of HoursLocationGuardsper ShiftShift Schedule54 Albay 8 hours 0700-15001500-23002300-070017 Camarines Norte 8 hours - do -43 Camarines Sur 8 hours - do -13 Catanduanes 8 hours - do -19 Masbate 8 hours - do -24 Sorsogon 8 hours - do -170_________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)_____________________Date98

NATIONAL FOOD AUTHORITYTechnical Bid FormANNEX S-1(pg 2 of 6)NFA SECURITY SERVICES REQUIREMENTCOVERING February to December 31, 2013Proposal on the Bidding of NFA Security Services RequirementCovering February to December 31, 2013Type or print clearly the technical proposal on the space provided opposite each requirement ifdifferent from NFA's specs, otherwise indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO”ENTRY WILL NOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THE BIDDER’SPROPOSAL.Minimum RequirementsBidder’s ProposalA. SERVICES1. One (1) Security Coordinator in every NFA Provincial Office to handle securityconcerns, as reported by NFA, with vehicle and communication equipment.2. Conduct a general security survey every quarter of the area being guarded andsubmit assessment to NFA Management for appreciation and appropriateaction.3.Conduct annual training course for guards as per “Terms of Reference”.4. Provide other security-related services such as:4.1 Security escorts for VIPs and NFA accountable officers4.2 Conduct background investigation4.3 Conduct surveillance4.4 Conduct investigation of incidents4.5 Lie detection, polygraph and asset recovery in coordination with concernedgovernment agencies5. Round-the-clock spot inspection by competent security inspectors to ensurecompliance with security procedures, rules and regulations includingmaintenance of cleanliness in their security posts/quarters.6.Periodic evaluation of the guards on their respective posts by efficient SecurityOfficers from the Contractor’s command.7. Conduct seminar at least once a year to continually develop and upgrade theskills and knowledge of its security personnel to enliven responsibility amongthem.8. Monthly formation of guards to institute alertness and discipline to maintain thedesired maximum efficiency in the performance of their assigned tasks.9. Provide seminar on personal security awareness and fire protection for NFA’sinstallations and employees.10.Provide highly trained Security Personnel as Special Emergency Response Teamor back-up during special occasions like anniversary celebration, visit ofgovernment dignitaries/VIPs, etc.11. Conduct quarterly test firing of all firearms issued to all security guards in allNFA installations minimum of 10 rounds per firearm. Submit certification ofcompliance signed by range officer/operator duly accredited by PNP/PSPA.__________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date99

NATIONAL FOOD AUTHORITYTechnical Bid FormANNEX S-2(pg 3 of 6)NFA SECURITY SERVICES REQUIREMENTCOVERING February to December 31, 2013Proposal on the Bidding of NFA Security Services RequirementCovering February to December 31, 2013Type or print clearly the technical proposal on the space provided opposite each requirement ifdifferent from NFA's specs, otherwise indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO” ENTRYWILL NOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THE BIDDER’SPROPOSAL.Minimum RequirementsBidder’s ProposalB. FIREARMS1. All Firearms enumerated herein are in the same of the company and are readyfor immediate deployment.2. Total of Ten (10) units 9mm pistol3. Total of Nineteen (19) units 12 ga. ShotgunSuch firearms must be duly licensed, brand new or at least 2yrs old4. Total of Thirty-five (35) units Cal. 38C. AMMUNITION.9mm pistol – 90 rounds of ammo12 ga. Shotgun - 342 rounds of ammoCal 38. – 350 roundsD. VEHICLES/TRP FACILITIES1. All vehicles enumerated herein are in the name of the company and are readyfor immediate deployment2. Three (3) units Four Wheel Vehicle3. Ten (10) units motorcycleE. COMMUNICATION AND SURVEILLANCE EQUIPMENT1. All communication and surveillance equipment enumerated herein are in thename of the company and are ready for immediate deployment.2. One (1) unit handheld radio for every security guard posted ininstallation/compound requiring 2 or more guards per shift3. One (1) unit cellphone for every postName of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date100

NATIONAL FOOD AUTHORITYANNEX S-3 (pg 4 of 6)Technical Bid FormNFA SECURITY SERVICES REQUIREMENTCOVERING February to December 2013Proposal on the Bidding of NFA Security Services RequirementCovering February to December 31, 2013Type or print clearly the technical proposal on the space provided opposite each requirement ifdifferent from NFA's specs, otherwise indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO”ENTRY WILL NOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THE BIDDER’SPROPOSAL.Minimum RequirementsF. SECURITY/OFFICE EQUIPMENT AND SUPPLIES1.2.3.4.5.6.6.7.8.9.10.11.G. LABOR PROBLEMThe NFA shall be absolved from any labor problem, as the same shall be assumedby the Contractor, in case such problem arises.Bidder’sProposal__________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date101

Technical Bid FormNFA SECURITY SERVICES REQUIREMENT COVERINGFebruary to December 31, 2013ANNEX S-4 (pg 5 of 6)Proposal on the Bidding of NFA Security Services RequirementCovering February to December 31, 2013Type or print clearly the technical proposal on the space provided opposite each requirement if differentfrom NFA's specs, otherwise indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO” ENTRY WILLNOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THE BIDDER’S PROPOSAL.Minimum RequirementsH. PERFORMANCE BOND/SECURITYWe will post a performance bond/security in any of the acceptable forms pursuantto the provisions of the Instructions to Bidders for the account of NATIONALFOOD AUTHORITY (NFA).I. FINANCIAL ASSISTANCEBidder’sProposalJ. J. FRINGE BENEFITS GIVEN TO THE SECURITY GUARDS1. Financial Assistance2. Group InsuranceK. MONTHLY CONSULTATIONSThe Contractor shall arrange monthly meetings with the NFA assigned coordinatorsfor any problem/dispute that arises pertaining to the performance of securityguards assigned thereat.L. RE-ASSIGNMENT OF SECURITY PERSONNELTo prevent any familiarity on the job, rotation, transfer and/or replacement ofguards shall be done periodically or as often.__________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date102

ANNEX S-5 (pg 6 of 6)NATIONAL FOOD AUTHORITYTechnical Bid FormNFA SECURITY SERVICES REQUIREMENTCOVERING February to December 31, 2013Proposal on the Bidding of NFA Security Services RequirementCovering February to December 31, 2013Type or print clearly the technical proposal on the space provided opposite each requirement ifdifferent from NFA's specs, otherwise indicate COMPLY. DO NOT LEAVE ANY BLANK. A “YES OR NO”ENTRY WILL NOT BE ACCEPTED. FAILURE TO COMPLY WILL RESULT IN THE REJECTION OF THE BIDDER’SPROPOSAL.Minimum RequirementsM. PAYMENT OF SALARIESPayment of Guard’s salaries shall be thru Automated Teller Machine within five (5)calendar days after the Contractor’s cut off period for payroll. All Benefits accruingthe guards (13 th month pay, uniform allowances, mandatory leave, etc.) must begiven within 15 days from due date.Bidder’sProposalSecurity Contractor must have a buffer fund equivalent to three months salary.Payment of salaries, wages and other benefits of the guards must not bedependent on the receivables of the Contractor from NFA.To ensure Contractor’s payment of the Guards’ 13 th month pay, NFA shall retainon a monthly basis the 13 th month fund due per Guard. Payment shall be releasedby NFA to Contractor on or before 30 November of each year upon submission ofa Notarized Certification.Surprise visits by inspectors of the Contractor shall be made regularly to make thecompany’s monitoring and control of its guards’ activities more effective andefficient.__________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date103

ANNEX TSWORN STATEMENT OF COMPLIANCE IN TECHNICAL SPECIFICATIONSI, ___(Name of Owner/Authorized Representative)____, of legal age, __(status)__, residing at__________________(Address)_________________________________, after being sworn inaccordance with law, do hereby depose and say:1.THAT, I am the authorized representative/Proprietor/Owner of ___________________________ withoffice address at ______________________________;2. THAT, our company hereby submit to comply and provide all the requirements as indicated in theattached Technical Specifications;3. THAT, statement if not supported by evidence or is subsequently found to be contradicted by theevidence presented will render the Bid under evaluation liable for rejection;4. THAT, statement either in the Bidder’s statement of compliance or the supporting evidence that isfound to be false either during bid evaluation, post-qualified or the execution of the Contract maybe regarded as fraudulent and render the bidder or supplier liable for prosecution subject to the RA9184 and its IRR;5. THAT, I am making this statement in accordance with the requirements in the conduct of bidding forthe Supply and Delivery of Security Services of the National Food Authority-RBAC Region V, LegazpiCity.IN WITNESS WHEREOF, I have hereunto set my hand this ________________ day of_________________2013, in the City of _______________, Philippines._____________________AffiantSUBSCRIBED AND SWORN to before me this ________day of ___________ 2013, at________________, Philippines.Doc. No. _________Page No. _________Book No. ________Series of ______________________________Notary Public104

ANNEX U1 of 2NATIONAL FOOD AUTHORITYFinancial Bid Form(PRICES MUST BE INCLUSIVE OF VAT)PROPOSAL FOR THE NFA SECURITY SERVICES REQUIREMENTCOVERING February to December 31, 2013Strictly follow the current and prevailing PADPAO computed rate on the amount due to the guardsand the government. Non-conformity will be a ground for automatic disqualification of bid.WE, the undersigned bidder, having examined the Bidding Documents including Bid Bulletins, asapplicable, and having complied with the Eligibility requirements for this project, hereby OFFER to(supply/deliver/perform) the herein described services.We undertake, if our bid is accepted, to deliver the services in accordance with the terms andconditions contained in the bid documents, including the posting of the required performancesecurity within ten (10) calendar days from receipt of the Notice of Award.Until a formal contract/order confirmation is prepared and signed, this Bid is binding on us.ApprovedTotal MonthlyBid PriceDescriptionInclusive ofVAT (PhP)NFA Security Services RequirementCovering February to December 2013AlbayCam. NorteCam. SurCatanduanesMasbateSorsogonTOTALTOTAL BID PRICE (VAT INCLUSIVE)BID PRICE in Words: MonthlyBID PRICE in Words: Eleven (11) Months OnlyBudget for theContractPhp24,075,207.00Total BidPrice Inclusiveof VAT (PhP)_________________________Name of Company (in print)__________________________Signature of Company Authorized Representative__________________________Name & Designation (in print)__________________________Date105

(Bidder’s Company Letterhead)DETAILED COMPUTATION /COST DISTRIBUTION OF THE MINIMUM MONTHLY CONTRACT RATE PERGUARD PER LOCATIONThe NFA estimate which is based on the minimum wage and allowable benefits required by law,shall be the major basis for determining the responsiveness of the bid of qualified bidders. Strictly followPADPAO computed rate on the amount due to the guards and the government. Non-conformity will be aground for automatic disqualification of bid proposal.NOTE: Please refer to Annex Clause IV of the Terms of Reference (TOR) for the Current and PrevailingPADPAO Rate______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date106

PRICE SCHEDULE SUMMARY FOR ALBAYFACTORS/VARIABLESANNEX V-1Wage Order No. RVB-15 effectiveApril 7, 2012A.TOTAL AMOUNT TO GUARD AND GOV’TB. AGENCY FEEAdministrative Overhead and MarginC. VALUE ADDED TAX (Agency Fee x 12% VAT)D. TOTAL CONTRACT RATE/GUARD PER MONTHE. CONTRACT RATE/GUARD/DAYF. TOTAL NO. OF GUARDSG. ABC for 11 Months (DxFx11 months) (in Php)H. ABC for Loading and Unloading Operations (ExFx 170days)I. TOTAL ABC______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date107

PRICE SCHEDULE SUMMARY FOR CAM. NORTEFACTORS/VARIABLESANNEX V-2Wage Order No. RVB-15 effectiveApril 7, 2012A.TOTAL AMOUNT TO GUARD AND GOV’TB. AGENCY FEEAdministrative Overhead and MarginC. VALUE ADDED TAX (Agency Fee x 12% VAT)D. TOTAL CONTRACT RATE/GUARD PER MONTHE. TOTAL NO. OF GUARDSF. ABC for 11 MONTHS (DxEx11 months) (in Php)G. ABC for Deployment of SGs at Buying Stations (DxEx8months)H. TOTAL ABC______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date108

PRICE SCHEDULE SUMMARY FOR CAM. SURFACTORS/VARIABLESANNEX V-3Wage Order No. RVB-15 effectiveApril 7, 2012A.TOTAL AMOUNT TO GUARD AND GOV’TB. AGENCY FEEAdministrative Overhead and MarginC. VALUE ADDED TAX (Agency Fee x 12% VAT)D. TOTAL CONTRACT RATE/GUARD PER MONTHE. TOTAL NO. OF GUARDSF. TOTAL ABC (DxEx11 months) (in Php)______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date109

PRICE SCHEDULE SUMMARY FOR CATANDUANESFACTORS/VARIABLESANNEX V-4Wage Order No. RVB-15 effectiveApril 7, 2012A.TOTAL AMOUNT TO GUARD AND GOV’TB. AGENCY FEEAdministrative Overhead and MarginC. VALUE ADDED TAX (Agency Fee x 12% VAT)D. TOTAL CONTRACT RATE/GUARD PER MONTHE. CONTRACT RATE/GUARD/DAYF. TOTAL NO. OF GUARDSG. ABC for 11 months (DxFx11 months)H. ABC for Unloading Operations (ExFx170days) (in Php)I. TOTAL ABC______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date110

PRICE SCHEDULE SUMMARY FOR MASBATEFACTORS/VARIABLESANNEX V-5Wage Order No. RVB-15 effectiveApril 7, 2012A.TOTAL AMOUNT TO GUARD AND GOV’TB. AGENCY FEEAdministrative Overhead and MarginC. VALUE ADDED TAX (Agency Fee x 12% VAT)D. TOTAL CONTRACT RATE/GUARD PER MONTHE. CONTRACT RATE/GUARD/DAYF. TOTAL NO. OF GUARDSG. ABC for 11 months (DxFx11 months) (in Php)H. ABC for Deployment of Additional SGs for BuyingStations (DxFx8months)H. ABC for Unloading Operations (ExFx170 daysI. TOTAL ABC______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date111

PRICE SCHEDULE SUMMARY FOR SORSOGONFACTORS/VARIABLESANNEX V-6Wage Order No. RVB-15 effectiveApril 7, 2012A.TOTAL AMOUNT TO GUARD AND GOV’TB. AGENCY FEEAdministrative Overhead and MarginC. VALUE ADDED TAX (Agency Fee x 12% VAT)D. TOTAL CONTRACT RATE/GUARD PER MONTHE. TOTAL NO. OF GUARDSF. TOTAL ABC (DxEx11 months) (in Php)______________________________Name of Company (in print)______________________________Signature of Company Authorized Representative______________________________Name & Designation (in print)______________________________Date112

ANNEX W(MARKINGS FOR MOTHER ENVELOPE){BIDDER’S COMPANY NAME}{COMPANY’S OFFICE ADDRESS}PUBLIC BIDDING {PROJECT TITLE}BIDDING FOR ___{no.}: {item description} (if applicable)THE CHAIRPERSONBIDS AND AWARDS COMMITTEENATIONAL FOOD AUTHORITY{VENUE OF BID OPENING}DO NOT OPEN BEFORE (TIME AND DATE OF BID OPENING)113

(MARKINGS FOR TECHNICAL COMPONENT)ORIGINAL COPY/COPY NO. ________________{BIDDER’S COMPANY NAME}{COMPANY’S OFFICE ADDRESS}PUBLIC BIDDING {PROJECT TITLE}BIDDING FOR ___{no.}: {item description} (if applicable)TECHNICAL COMPONENTTHE CHAIRPERSONBIDS AND AWARDS COMMITTEENATIONAL FOOD AUTHORITY{VENUE OF BID OPENING}114

(MARKINGS FOR FINANCIAL COMPONENT)ORIGINAL COPY/COPY NO. ________________{BIDDER’S COMPANY NAME}{COMPANY’S OFFICE ADDRESS}PUBLIC BIDDING {PROJECT TITLE}BIDDING FOR ___{no.}: {item description} (if applicable)FINANCIAL COMPONENTTHE CHAIRPERSONBIDS AND AWARDS COMMITTEENATIONAL FOOD AUTHORITY{VENUE OF BID OPENING}115

TERMS OF REFERENCEProcurement of Security Services for NFARegion V for CY 2013The NFA Region V Bids and Awards Committee (RBAC) is hereby recommending thefollowing Terms of Reference (TOR) to be adopted in the conduct of public bidding for theProcurement of Security Services for NFA Region V for CY 2013.I. RATIONALEThe bidding of Security Services will be undertaken to achieve the following:1. To uphold transparency and accountability;2. To achieve equity, effectiveness, efficiency and economy;3. To uphold NFA policy to contract security services through Public Biddingconsidering that security services is an important element and considered crucial tothe efficient discharge of NFAs functions as required for day to day operations; andis in pursuit of the principal mandate of NFA which is consistent and compliant toSection &. Procurement Planning and Budgeting Linkage specifically Section 7.1 ofthe Revised IRR of R.A. 9184;4. To award the Contract to prospective bidder whose bid/offer is most advantageous tothe government.II.SUBJECT MATTER OF THE BIDDINGThe subject matter of the bidding is for the award of contract for Security Services whichthe contractor is required to provide to NFA Region V. The Security Servicesrequirements are as follows:Number of Guards and Firearms & Equipment RequirementALB CNO CSU CTD MBT SSG TOTAL1 No. of Security Guards 54 17 43 13 19 24 1702 No. of Firearms12 GA Shotgun 3 2 5 3 3 3 19Ammunitions 54 36 90 54 54 54 3429 MM Pistol 4 1 2 1 1 1 10Ammunitions 36 9 18 9 9 9 90Cal. 38 12 2 12 1 3 5 35Ammunitions 120 10 120 10 30 50 3503 No. of Vehicles4-Wheeled 1 1 1 3Motorcycle 3 1 1 2 2 1 104 No. of Surveillance andComm. EquipmentBase Radio 2 1 1 1 5HH Radio 19 7 7 3 4 6 46Charger 19 7 7 3 4 6 46CCTV 2 1 1 1 1 1 7Cellphone 11 3 15 4 5 6 445 No. of Security/OfficeEquipmentMetal Detector 4 1 1 1 1 1 9Underchassis Mirror 2 1 2 1 1 1 8Traffic Vest 4 1 2 2 2 2 13116

Traffic Gloves 4 1 2 2 2 2 13Traffic Warning Light 1 1 1 1 4Flashlight 54 17 43 13 19 24 170Night Stick 54 17 43 13 19 24 170Whistle 54 17 43 13 19 24 170First Aid Kit 54 17 43 13 19 24 170Handcuffs 54 17 43 13 19 24 170Teargas Canister 54 17 43 13 19 24 170Logbooks (100 pages) 48 18 46 18 21 25 176Emergency Light 10 2 11 2 2 5 32Big Umbrellas 18 5 16 5 7 8 59Rain Coats 54 17 43 13 19 24 170Rain Boots 54 17 43 13 19 24 170III. SCOPE OF SERVICES/SCHEDULE OF REQUIREMENTS/TECHNICALSPECIFICATIONSThe contractor shall undertake the following activities in accordance with its own meansand methods, to wit:1. Minimum Requirements for Security Guards:1.1 To provide one hundred seventy (170) security guards at six (6) offices andtwenty-five (25) warehouses/installations, number of hours per shift and shiftschedule as follows:No. of SGs Location No. of Hrs/Shift Shift Schedule54 Albay 8 3 shifts0700-1500H/1500-2300H/2300-0700H17 Cam. Norte 8 - do -43 Cam. Sur 8 - do -13 Catanduanes 8 - do -19 Masbate 8 - do -24 Sorsogon 8 - do -170 TotalThe Security Agency shall submit the list of licensed security guards with details as follows:name and address; birthdate; security guards license number and date of issue; and expiry date.1.2 One (1) lady guard to be assigned in the office lobby in every provincial office ofNFA in Region V.2. Minimum Requirements for Security Services:In order to attend to the most effective security measures, system and procedures for thesafety and protection of NFA Region V, the security agency must install the followingadditional security services at the expense of the Contractor.2.1 One (1) Security Coordinator in NFA Regional Office to handle security concerns,as reported by NFA, with vehicle and communication equipment2.1.1 The Security Agency shall submit the name of the security coordinator in theirdeployment.2.2 Conduct a general security survey every quarter of the area being guarded and submitassessment to NFA Management for appreciation and appropriate action.2.3 Conduct annual training course for guards as per Guidelines on the Procurement ofSecurity Services.2.4 Provide other security-related services such as:2.4.1 Security escorts for VIPs and NFA accountable officers2.4.2 Conduct background investigation2.4.3 Conduct surveillance117

2.4.4 Conduct investigation of incidents2.4.5 Lie detection, polygraph and asset recovery in coordination with concernedgovernment agencies2.5 Round-the-clock spot inspection by competent security inspectors to ensurecompliance with security procedures, rules and regulations including maintenanceof cleanliness in their security posts.2.6 Periodic evaluation of the guards on their respective posts by efficient SecurityOfficers from the Contractors command.2.7 Conduct seminar at least once a year to continually develop and upgrade the skillsand knowledge of its security personnel to enliven responsibility among them.2.8 Regular conduct of formation of guards to institute alertness and discipline tomaintain the desired maximum efficiency in the performance of their assigned tasks.2.9 Provide seminar on personal security awareness and fire protection for NFAsinstallations and employees.2.10 Provide highly trained Security Personnel as Special Emergency Response Team orback-up during special occasions like anniversary celebration, visit of governmentdignitaries/VIPs, etc.2.11 Conduct quarterly test firing of all firearms issued to all security guards in all NFAinstallations, minimum of 10 rounds per firearm. Submit certification of compliancesigned by range officer/operator duly accredited by PNP/PSPA.3. Minimum Requirements for Firearms:3.1 All firearms enumerated herein must be in the name of the company, ready forimmediate deployment and to ensure that they are available and operational for thecontract duration.3.2 19 units 12 GA shotgun with reserve3.3 10 units 9 MM Pistol with reserve3.4 35 units Cal. 38 with reserve3.5 Such firearms must be original, duly licensed and undergone ballistic examinations.3.6 The Security Agency shall submit list of firearms with details as follows:a. Kind/Makeb. Model/Caliberc. Serial Numberd. FA License Numbere. Expiry Date4. Minimum Requirements for Ammunitions4.1 12 GA Shotgun -342 bullets with reserve4.2 9MM Pistol 90 bullets (full metal jacket) with reserve4.3 Cal. 38 350 bullets with reserve5. Minimum Requirements for Vehicles:5.1 The following vehicles enumerated herein are in the name of the company and areready for immediate deployment and ensure that they are available, operational, andfunctional for the contract duration.a. Three (3) 4-wheeled Asian Utility Vehicle (AUV), one each for the provinces ofAlbay, Camarines Sur and Sorsogonb. Ten (10) motorcycles, three (3) for the province of Albay, two (2) each for theprovinces of Catanduanes and Masbate and one (1) each for the provinces ofCam. Norte, Cam. Sur and Sorsogon.5.2 The Security Agency shall submit list of motor-powered vehicles (4-wheeled andmotorcycles) with details as follows:a. Make/Modelb. Plate Numberc. OR Numberd. Datee. CR Number118

f. Remarks6. Minimum Requirements for Communication and Surveillance Equipment6.1 All communication and surveillance equipment enumerated herein are in the name ofthe company, duly licensed by NTC and ready for immediate deployment, and toensure that they are available and functional for the contract duration.6.1.1 The security agency shall submit list of communication and surveillanceequipment with details as follows:a. Brand/Makeb. Serial Numberc. Descriptiond. NTC license numbere. Expiry Date6.2 Five (5) base radios and forty-six (46) units GP3188 handheld radios with chargers andbatteries for all warehouses/installations in the Region.6.3 Seven (7) units CCTV with monitor, with at least five (5) camera each and hard disk (tobe installed at the NFA Regional Office and NFA Provincial Offices). The CCTV shallbe operated and supervised by the Security Supervisor. The recorded transcript ofevents shall be the responsibility of the Security Supervisor who shall store the same inCD/DVD Consumables (CD/DVD which shall be for the account of NFA), whilemaintenance, labor, and parts of the CCTV system will be for the account of theContractor. The Agency shall submit the name of the Security Supervisor who shalloperate and supervise the CCTV. In addition, the Agency shall provide and install one(1) CCTV monitor at the office of the Provincial Manager in every NFA ProvincialOffice.6.4 Minimum of forty-four (44) cellphones, distribution based on Schedule of Requirements7. Minimum Requirements for Security/Office Equipment and Supplies:7.1 Nine (9) units Metal detector, operational and functional-Metal Detector of any brand7.2 Eight (8) units Underchassis Mirror, operational7.3 Thirteen (13) units Traffic Vest7.4 Thirteen (13) sets Traffic Gloves7.5 Four (4) units Traffic Warning Light7.6 One hundred seventy units (170) Flashlight with batteries and operational (one perguard)7.7 One hundred seventy units (170) Whistles, one per guard7.8 One hundred seventy (170) sets of First Aid Kit with medicines, one per guard7.9 One hundred seventy (170) Night Sticks with holders7.10 One hundred seventy (170) Handcuffs, one per guard7.11 Office supplies, such as Logbooks (176 pieces)7.12 Thirty-two (32) units Emergency Light, operational7.13 Fifty nine (59) pieces big Umbrellas7.14 One hundred seventy pairs (170) of Rainboots, one pair for each guard7.15 One hundred seventy pieces (170) RaincoatsIV. APPROVED BUDGET FOR THE CONTRACT (ABC) AND BIDDING FEEThe Approved Budget for the Contract for the whole lot is TWENTY FOUR MILLIONSEVENTY FIVE THOUSAND TWO HUNDRED SEVEN PESOS (Php24,075,207.00)which is based on Wage Order No. RBV-15 effective April 7, 2012 and PADPAO StandardCost Distribution per Month effective April 7, 2012 and is computed as follows:119

A. Detailed Computation of ABC for Guards of NFA Region V:Province Areas of Deployment ActualNo. ofSGsContractRate/Month/GuardBudgetaryRequirementALBAY RO/PO Compound 9 13,533.00 1,339,767.00Tabaco GID Compound 9 13,533.00 1,339,767.00Libon Whse Compound 6 13,533.00 893,178.00Ligao Whse Compound 4 13,533.00 595,452.00Rodima Whse Legazpi 4 13,533.00 595,452.00Santiago Whse, Tabaco* 3 13,533.00 446,589.00Jamestown 1 Whse Tabaco* 3 13,533.00 446,589.00Demetriou 1 Whse Tabaco* 3 13,533.00 446,589.00Rosan Whse Ligao 3 13,533.00 446,589.00Millenium Warehouse* 4 13,533.00 595,452.00Tabaco/Legazpi Ports** 6 13,533.00 460,122.00Loading & UnloadingOperationsSUB-TOTAL 54 7,605,546.00CAM. NORTE P.O. Compound 10 13,533.00 1,488,630.00CMCLI Whse, Daet 4 13,533.00 595,452.00Sn. Vicente LGU Whse*** 3 13,533.00 324,792.00SUB-TOTAL 17 2,408,874.00CAM. SUR P.O. Compound 12 13,533.00 1,786,356.00Santiago Whse Pilil 4 13,533.00 595,452.00Queen Whse Pili 3 13,533.00 446,589.00Tan Whse Pili 3 13,533.00 446,589.00Apollo Whse Pili 3 13,533.00 446,589.00Ong Whse, Iriga 3 13,533.00 446,589.00Isarog Whse, Tigaon 3 13,533.00 446,589.00Bahay Whse, Libmanan 3 13,533.00 446,589.00Benmar Whse Bombon 3 13,533.00 446,589.00Boclod Whse San Jose 3 13,533.00 446,589.00PDC Whse, Ocampo 3 13,533.00 446,589.00SUB-TOTAL 43 6,401,109.00CATANDUANES P.O. Compound 7 13,533.00 1,042,041.00JICA Whse, Pandan 3 13,533.00 446,589.00Virac/Pandan Port****3 13,533.00 230,061.00(Unloading Operations)SUB-TOTAL 13 1,718,691.00MASBATE P.O. Compound 7 13,533.00 1,042,041.00Ang Warehouse 3 13,533.00 446,589.00Cabitan Buying Station*** 3 13,533.00 324,792.00Bon-oco Buying Station*** 3 13,533.00 324,792.00Masbate Port****3 13,533.00 230,061.00(Unloading Operations)SUB-TOTAL 19 2,368,275.00SORSOGON P.O. Compound 12 13,533.00 1,786,356.00Ching Bee Whse Bulan 3 13,533.00 446,589.00GSAC Whse Gubat 3 13,533.00 446,589.00Juanillo 1 Whse Irosin 3 13,533.00 446,589.00Juanillo 2 Whse Irosin 3 13,533.00 446,589.00SUB-TOTAL 24 3,572,712.00GRAND TOTALPhp24,075,207.00* Expired lease contract and terminated security services. Number of security guards indicated hereon basedon projected utilization of leased warehouse in anticipation of the expected arrival of imported rice.** Computation is based on the expected number of days of deployment of Security Guards during unloadingoperations for the expected arrival of 160,000 bags imported rice allocated for the region for the year 2013and loading operations for the proposed transfer of 299,000 bags rice to Catanduanes and 298,000 bagsrice to Masbate.*** For probable utilization during procurement season or for eight (8) months period only.120

**** Deployment of Security Guards for the unloading operations for the proposed transfer/shipment of 299,000bags to Catanduanes and 298,000 bags to Masbate for the year 2013. The guards are expected to renderduty for an estimated one hundred seventy (170) days only.E. NON-REFUNDABLE BIDDING FEE IS TWENTY FIVE THOUSAND PESOS(Php25,000.00).V. BIDDING SCHEDULEACTIVITIESDATE1. Issuance of Bid Documents December 27, 2012 to January 16, 20132. Pre-Bid Conference January 4, 20133. Submission and Opening of Bids January 16, 2013VI.AVAILABILITY OF BID DOCUMENTSBid documents may be purchased from the NFA Region V RBAC Secretariat upon payment ofa non-refundable bidding fee. Prospective bidder/s shall only be allowed to participate and/orask query/ies during the pre-bidding and bidding proper upon payment of the non-refundablebidding fee. Purchase of bid documents shall be allowed not later than one (1) hour beforethe submission and opening of bids.VII. ELIGIBLE BIDDERS1. Prospective Bidders must be licensed and registered Security Agencies and can meet thefollowing Minimum requirements:(a) In the Security Agency business for at least five (5) years and still in operation;(b) With a net combined assets equivalent to twenty five (25%) per cent of the ABC ascertified by an independent auditor and shown in, among others, the Audited FinancialStatement and Balance sheet stamped received by the Bureau of Internal Revenue (BIR)or its duly accredited and authorized institutions for the year 2011;(c) Must have a valid and current Regular (Not Provisional) License to Operate (LTO) aPrivate Security Agency issued by the PNP-Supervisory Office for Security andInvestigation Agency (SOSIA);(d) Must have a valid Certificate of Good Standing duly issued by the Philippine Associationof Detectives and Protection Agency Operators, Inc. (PADPAO) as of the month prior topublication of Invitation to Bid;(e) Must strictly follow the current and prevailing PADPAO computed rate on the amount dueto the guards and the government. Non-conformity will be a ground for automaticdisqualification of bid proposal;(f) Not currently under suspension with NFA nor blacklisted by any government agency oroffice;(g) Must have a final Certificate of Completed Contract/Acceptance for all contracts enteredinto by the Contractor with NFA or any of its regional offices, other governmentagency/ies and/or private offices; and stating that the agency has satisfactorily completedthe requirement of the contract.(h) Must be registered with PhilGEPS; and(i) Must meet the Additional Set of Technical Parameters pursuant to Appendix 14 of theRevised IRR of R.A. 9184, which provides that:121

It is recognized that the proper and efficient procurement of security services should bebased not solely on cost, but should also take into consideration a range of other factors,such as but not limited to, length of contract, standards of internal governance, adequacyof resources, levels of training, and adherence to labor and other social legislation.(Guideline on the Procurement of Security and Janitorial Services, GPPB Resolution 024-2007 dated 28 September 2007);The BAC shall evaluate the additional set of Technical Parameters stated in the TechnicalSpecifications using non-discretionary pass/fail criteria (Guidelines on the Procurement ofSecurity and Janitorial Services, GPPB Resolution 024-2007 dated September 2007)(j) A bidder whose owner, any officer, director, or any member of the board has beenconvicted by final judgment for a crime or offense involving moral turpitude shall bedisqualified.(k) The Bidder must submit a computation of its Net Financial Contracting Capacity (NFCC).A commitment from a Universal Bank or Commercial Bank to extend a credit line in itsfavor if awarded the contract for this project is to be submitted if the computed NFCC isless than the ABC to be bid.If the bidder submits a computation of its NFCC, the NFCC must be at least equal to theABC to be bid, calculated as follows;NFCC= [(current assets minus current liabilities) (K)] minus the value of all outstandingor uncompleted portions of the projects under ongoing contracts, including awardedcontracts yet to be started coinciding with the contract for this Project.Where: K=10-for a contract duration of one year or less, 15-for a contract duration ofmore than one year up to two years, and 20-for a contract duration of more than two years.If the Bidder submits a Credit Line Certificate (CLC), the CLC must be at least equal totwenty percent (20%) of the ABC to be bid. If issued by a foreign bank Universal orCommercial Bank, it shall be confirmed or authenticated by a Universal or CommercialBank.(l) Prospective Bidder must have completed at least one contract, within the last three (3)years, similar to the Project to be bid, the value of which, adjusted to the current pricesusing the National Statistics Office (NSO) consumer price index. The Single LargestContract must be at least equivalent to at least FIFTY PERCENT (50%) of the ApprovedBudget for the Contract of the project to be bid.VIII. QUALIFICATIONS OF SECURITY GUARDS1. The qualifications of security guards are as follows:a. Must be a Filipino citizenb. Must be at least high school graduatec. At least twenty one (21) years of age but not more than fifty-five (55) years oldd. At least 54 tall with medium builte. Must be physically and mentally fit (medical certificate attached), and for this matter aneuro-psychiatric clearance from PNP and DOH-accredited institution and confirmed bya physician of the Corporation must be submitted.f. Of good moral character and cleared by law enforcement or police agencies and othergovernment offices issuing clearances for employment and without previous record ofany conviction by final judgment of a criminal offense involving moral turpitude. Mustpossess honorable discharge documents, if with military background. Copies ofclearances shall be furnished the NFA as maybe necessary.g. Possesses good public relations or should know proper decorum as stated in the Code ofEthics.h. Licensed to carry firearms and properly screened and cleared by the PNP, NBI and otherconcerned government offices for this purpose. Copies of such clearances to befurnished to the NFA upon deployment.i. Must be a holder of a Certificate of Training for Security Guards and other requirementsof RA 5487 as amended.122

j. Holder of a Security guards license from the PNP-SOSIA and valid for at least one (1)year, from date of posting and must be able to file an application for renewal of hislicense, so that immediately when his license expires, the renewal shall have beenalready approved and issued to him.k. Trained in handling firearms as evidenced by certificate of training/s attended inaccordance with the requirements prescribed by the PNP-SAGSD.l. In prescribed uniform and armed with a shotgun, pistol and/or revolver with firearmslicense and sufficient ammunition at all times during his tour of duty.m. Capable of assimilating written and/or oral instructions in English and Filipino and canrender intelligible reports.n. Must maintain good grooming, preferably military haircut.o. Must be knowledgeable of the Eleven (11) General Orders.2. The Security Agency shall submit Technical Bid Form on minimum qualification ofsecurity guards.IX.PRESCRIBED UNIFORM1. The prescribed uniform of Security Guards shall be as follows:a. Pershing Cap with Security Sealb. White Short-Sleeved Polo with the following paraphernalia:1. PADPAO patch2. Agency patch3. Two (2) shoulder boards4. Security guard badge5. Name and agency cloth6. Lanyard and whistle7. Identification card (ID)8. Two (2) collar pins9. Blue necktie with clipc. Blue Pants and preferably blue skirt for Lady Guardd. Security belt/buckle with medical kit, flashlight, holster, handcuffs, nightstick etc.e. Preferably Charol shoes with black socks.Note: The Security Guards, on special occasions may be required to wear White Long-Sleeved Polo with the above paraphernalia, upon prior instruction from the NFARegional/Provincial Management.X. BIDDER’S RESPONSIBILITIES1. The Bidder or its duly authorized representative shall submit a sworn statement in the formprescribed in Section IX. Bidding Forms as required in ITB Clause 12.1(b)(iii).2. The Bidder is responsible for the following:a. Having taken steps to carefully examine all of the Bidding Documents;b. Having acknowledged all conditions, local or otherwise, affecting the implementation ofthe contract;c. Having made an estimate of the facilities available and needed for the contract to be bid, ifany;d. Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s)as provided under ITB Clause 10.3.e. Ensuring that it is not blacklisted or barred from bidding by the GOP or any of itsagencies, offices, corporations, or LGUs, including foreign government/foreign orinternational financing institution whose blacklisting rules have been recognized by theGPPB;f. Ensuring that each of the documents submitted in satisfaction of the bidding requirementsis an authentic copy of the original, complete, and all statements and informationprovided therein are true and correct;g. Authorizing the Head of the Procuring Entity or its duly authorized representative/s toverify all the documents submitted;123

h. Ensuring that the signatory is the duly authorized representative of the Bidder, andgranted full power and authority to do, execute and perform any and all acts necessaryand/or to represent the Bidder in the bidding, with the duly notarized SecretarysCertificate attesting to such fact, if the Bidder is a corporation, partnership, cooperative,or joint venture;i. Complying with the disclosure provision under Section 47 of RA 9184 in relation to otherprovisions of RA 3019; andj. Complying with existing labor laws and standards in the case of procurement of services.Failure to observe any of the above responsibilities shall be at the risk of the Bidderconcerned.3. The Bidder is expected to examine all instructions, forms, terms, and specifications in theBidding Documents.4. It shall be the sole responsibility of the Bidder to determine and to satisfy itself by suchmeans as it considers necessary or desirable as to all matters pertaining to the contract to bebid, including: (a) the location and the nature of this Project; (b) climatic conditions; (c)transportation facilities; and (d) other factors that may affect the cost, duration, and executionor implementation of this Project.5. The Procuring Entity shall not assume any responsibility regarding erroneousinterpretations or conclusions by the prospective or eligible bidder out of the data furnishedby the procuring entity.6. The Bidder shall bear all costs associated with the preparation and submission of his bid,and the Procuring Entity will in no case be responsible or liable for those costs, regardless ofthe conduct or outcome of the bidding process.7. Before submitting their bids, the Bidder is deemed to have become familiar with allexisting laws, decrees, ordinances, acts and regulations of the Philippines which may affectthis Project in any way.8. The Bidder should note that the Procuring Entity will accept bids only from those thathave paid the nonrefundable fee for the Bidding Documents at the office indicated in theInvitation to Bid.9. NFA shall not assume any responsibility regarding erroneous interpretations orconclusions by the prospective or eligible bidder out of the data furnished by NFA.XI. SUBCONTRACTSSubcontracting of the Security Services covered by this project shall not be allowed.XII. PRE-BID CONFERENCE1. Pre-bid Conference shall be conducted by the NFA RBAC to discuss among other things thetechnical and financial components of the contract to be bid and the eligibility requirements.The minutes of the Pre-bid Conference shall be recorded and made available to allparticipants not later than three (3) calendar days after the pre-bid conference.2. Bidders are encouraged to attend the Pre-bid Conference to ensure that they fully understandNFAs requirements. Non-attendance of the Bidder will in no way prejudice its bid,however, the Bidder is expected to know the changes and/or amendments to the BiddingDocuments discussed during the Pre-bid Conference.124

3. Pursuant to Section 22.3 of the Revised IRR of R.A. 9184, only those who have purchased theBidding Documents shall be allowed to participate in the pre-bid conference and raise orsubmit written queries or clarifications.4. Any statement made at the pre-bid conference shall not modify the terms of the BiddingDocuments unless such statement is specifically identified in writing as an amendmentthereto and issued as a Supplemental/Bid Bulletin.XIII. CLARIFICATION AND AMENDMENT OF BIDDING DOCUMENTS1. Bidders who have purchased the Bidding Documents may request for clarification on any part ofthe Bidding Documents for an interpretation. Such request must be in writing and submitted tothe NFA BAC least ten (10) calendar days before the deadline set for the submission andreceipt of bids.2. Supplemental/Bid Bulletins may be issued upon NFA BACs initiative for purposes of clarifyingor modifying any provision of the Bidding Documents not later than seven (7) calendar daysbefore the deadline for the submission and receipt of bids. Any modification to the BiddingDocuments shall be identified as an amendment.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the PhilippineGovernment Electronic Procurement System (PhilGEPS) and the website of the ProcuringEntity concerned, if available. It shall be the responsibility of all Bidders who secure theBidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by theBAC. However, Bidders who have submitted bids before the issuance of the Supplemental/BidBulletin must be informed and allowed to modify or withdraw their bids in accordance withSection 26 of the Revised IRR of RA 9184.XIV. DOCUMENTS COMPRISING THE BID: ELIGIBILITY AND TECHNICALCOMPONENTSFor purposes of determining the eligibility of bidders using the non- discretionary pass/fail criterion stated in Section 23 of the Revised IRR of R.A. 9184, the prospective bidder/sshall submit the following documents:1. The FIRST ENVELOPE shall contain the following Eligibility and Technical Documents:A. RBAC Documentsd. Duly Notarized Application to Bid and Request to Conduct Site Inspection (Annex A)e. Notarized Checklist of Bid Documents (Annex B)f. One Passport size photo with accompanying three (3) specimen signatures of the ownerand/or authorized representatives following the herein attached form marked as (AnnexC);B. Eligibility Documentsb. Class A Documentsi. Legal Documents1. For Corporation: Original and Certified True Copy of Securities and ExchangeCommission (SEC) Registration Certificate, Articles of Incorporation (AOI),Current Years General Information Sheet (GIS) stamped RECEIVED by SEC,and a duly notarized Board Resolution and Secretary Certificate evidencing theauthority of the Corporate representative to represent the corporation to participatein the bidding process.For Partnership: Original and Certified True Copy of Securities and ExchangeCommission (SEC) Registration Certificate, Articles of Incorporation (AOI),Current Years General Information Sheet (GIS) and a duly notarized Resolutionappointing the authorized representative; or125

For Sole Proprietorship: Original/Certified True Copy of Certificate of Registrationfrom DTI, duly notarized Special Power of Attorney 9SPA) issued byowner/proprietor.For Cooperative: Original/Certified True Copy of Certificate of Registration fromCDA , Articles of Incorporation and By-laws, and a duly notarized BoardResolution appointing the authorized representative to represent the cooperative;2. Original/Certified True copy of valid and current Mayors Business Permit/Licenseissued by the city or municipality where the principal place and branch office ofbusiness of the prospective bidder is located;3. Sworn Statement of all its ongoing and completed government and private contractswithin the last three (3) years, including contracts awarded but not yet started, if any.The sworn statement shall include, for each contract the following:a. name of the contract;b. date of the contract;c. Nature of Security Services;d. amount of contract and value of outstanding contracts;e. Contract validity; andf. End-users acceptance or official receipt(s) issued for the contract, if completed4. Sworn Statement of all Government and Private Contracts completed within the last three(3) years which are similar in nature. The sworn statement shall include, for each contractthe following: (Annex D-2)a. name of the contract;b. date awarded;c. Effectivity of the Contract/Duration of the Contract;d. amount awarded;e. amount completed; andf. Bidders Role (specification if the prospective bidder is manufacturer, supplier of goods orservices, etc).5. Sworn Statement of Bidders Single Largest Contract (SLC) as Principal Contractorsimilar to the contract to be bid, whose value adjusted to current prices usingNational Statistics Office (NSO) consumers price indices, completed within the lastthree (3) years and, which should be at least fifty percent (50%) of the ApprovedBudget for the Contract6. Audited financial statements stamped received by the Bureau of Internal Revenue(BIR) or its duly accredited and authorized institutions for the year 2011:a. Balance sheetb. Income Statementc. Certified Public Accountants (CPAs) Certification that he/she hasexamined/audited the financial statements.7. Prospective Bidders computation of its Net Financial Contracting Capacity(NFCC) which is equivalent to one hundred percent (100%) of the Approved Budgetfor the Contract to be bid or Credit Line Certificate (CLC) equivalent to at leasttwenty percent (20%) of the ABC and in accordance with Section 23.5.2.6 of theRevised IRR of 9184.If NFCC is less than the ABC to be bid, a commitment from a Universal orCommercial Bank to extend a credit line in favor of the prospective bidder ifawarded the contract to be bid which shall be at least equal to twenty percent (20%)of the ABC for the contract to be bid, shall be submitted.8. Original/Certified true copy of valid and current Regular (Not Provisional) Licenseto Operate (LTO) a Private Security Agency issued by the PNP-SOSIA;9. A valid Certificate of Good Standing duly issued by the Philippine Association ofDetectives and Protection Agency Operators, Inc. (PADPAO) as of the month priorto publication of Invitation to Bid;126

10. Original/Certified True Copy of Bureau of Internal Revenue Registration Certificate;11. Original/Certified true copy of proof of electronic registration with the BIR underElectronic Filing Payment System (EFPS);12. Original/Certified True Copy of proof of BIR payment thru EFPS.13. Original/Certified true copy of Tax Identification Number (TIN)14. Original/Certified true copy of Valid Certificate/Registration of membership with the(a) Social Security System, (b) DOLE, (c) Philhealth and (d) Pag-IBIG Fund;ii. Technical Documents1. Completely filled-out Technical Bid Form containing the general technical descriptionfor the services to be bid under the bidders proposal column. If proposal is the samewith the technical requirements, just put COMPLY.2. Minimum qualifications of security guards to be assigned at NFA in accordance with theattached format, duly signed by the authorized signatory for the bidding.3. List of five (5) biggest clients for the last three (3) years with the following informationas per attached format.f. Name and address;g. Contact person with Telephone and Fax numbersh. E-mail address/esi. inclusive dates served by the security agencyj. contract price for each client4. Bidders OMNIBUS AFFIDAVIT in accordance with Section 25.2(a) (iv) of theRevised IRR of R.A. 9184 which shall include the following:4.1 The signatory is the duly authorized representative of the prospective bidder, andgranted full power and authority to do, execute and perform any and all actsnecessary and/or to represent the prospective bidder in the bidding, with the dulynotarized Board Resolution attesting to such fact, if the prospective bidder is acorporation, partnership, cooperative, or joint venture;4.2 It is not blacklisted or barred from bidding by the GOP or any of its agencies,offices, corporation, or LGUs, including foreign government/foreign orinternational financing institution whose blacklisting rules have been recognized bythe GPPB;4.3 It has a final Certificate of Completed Contract/Acceptance for all contracts enteredinto by the Contractor with NFA or any of its regional offices, other governmentagency/ies and/or private offices. Has no unfulfilled or unperformed securityservices and that the agency has satisfactorily completed the requirement of allcontracts entered into.4.4 Each of the documents submitted in satisfaction of the bidding requirements is anauthentic copy of the original, complete, and all statements and informationprovided therein are true and correct;4.5 It is authorizing the Head of the Procuring Entity or his duly authorizedrepresentative/s to verify all the documents submitted;4.6 It complies with the disclosure provision under Section 47 of the Act in relation toother provisions of RA 3019;127

4.7 It complies with the responsibilities of a prospective or eligible bidder provided inthe ITB;5. Affidavit/Undertaking of No Injunction pursuant to Section 57 and 58 of the Revised IRRof R.A. 9184 following the herein attached form.6. Additional Set of Technical Parameters for Security Services:i. Stabilitya. Company Profile (Annex I) typed in company letterhead/stationery, which shallindicate the following information :· Principal address, e-mail address and telephone/fax numbers of the companyincluding the addresses and telephone/fax numbers its branch office/s, if any· Number of years in the security services business which should not be lessthan five (5) years from date of advertisement of the ITB· Total current number of security guards deployed· Organizational set up/capability in compliance with Organizational Structureof private security agencies prescribed by R.A. 5487b. Liquidity of the Companyii. ResourcesSworn Statement that the bidder has a net of combined assets equivalent totwenty-five percent (25%) of the ABC as certified by an independent auditor andshown in, among others, the Audited Financial Statement and Balance Sheet forthe year 2011 stamped received by the Bureau of Internal Revenue (BIR) or itsduly accredited and authorized institutions on or before 15 April 2012.The security agency must submit a NOTARIZED CERTIFICATION containing thefollowing information (a to f):1. Duly notarized list of Licensed Security Guards2. Duly notarized list of Licensed Firearms registered in the name of the Bidder withcomplete description (make, type, caliber, license number and expiry date)3. Duly notarized List of Motor-Powered Vehicles and Security SupportFacilities/Equipment owned and/or leased which must be supported with thefollowing:Wholly-owned - Copy of original LTOs Official Receipt and Confirmation Receiptor Registration Certificate/Notarized Deed of Sale (Sole proprietorship in thename of the owner; Partnership in the name of anyone of the partners; Corporation in the name of the company)BIR Donors TaxDeed of Chattel Mortgage4. Notarized List/number and type of communication devices and current NationalTelecommunications Commissions (NTC) License or permit to Operate RadioCommunication Facilities, kind of surveillance equipment, security/officeequipment, etc.5. Duly notarized Certification of Compliance with the qualifications of security guardsto be assigned at National Food Authority Region V offices, affiant must be the dulyauthorized representative.iii. Proposed Security Management Plan and Detailed Logistics Requirements (Must at thevery least comply with the Regional Security Management Plan of NFA Region V).iv. Other Factors: Prospective bidder shall also submit as part of the Eligibility andTechnical Requirements the following:128

a. Recruitment and Selection Criteria (indicating prospective bidder minimumcompliance with existing guidelines on hiring and selection). All security guards tobe hired by Security Agency for deployment to NFA Region V offices/installationsMUST meet the qualification standards: (1) have no criminal records and nopending case as supported by the latest Certificate of Clearance issued by PNP/NBIand MTC or RTC in the place of his residence, and (2) capable of renderingrequired reports in the performance of his duties.b. Completeness of uniforms and other Paraphernalia to be worn by SGs deployed, asevidenced by drawings, pictures and/or sketch .c. Security Management expertise and experience of Key Agency Officers andPersonnel including possible NFA Chief of Operations (Bidder to submit resume ofkey agency officers/personnel)d. Awards/citations (Prospective Bidder shall submit Certified True Copy)The Procuring Entity shall check compliance with the technical parameters using a nondiscretionarypass/fail criteria in accordance with RA 9184 and its IRR2. SECOND ENVELOPE – Documents comprising the Bid: FinancialComponentsThe financial component of the bid shall contain the following:(c) The total bid amount for the services quoted in words as well as in figures shall beindicated in the prescribed format.(d) Detailed computation/cost distribution of the minimum monthly contract rate of guardper location.(iii) Total bid offers shall be inclusive of taxes such as, but not limited to VAT,income tax, local tax and other levies. The bid offer must also show theadministrative overhead and margin as illustrated in the price schedule form.(iv) Prospective bidders shall follow the required procedures in filling up the financialbid form to come up with the total bid offer per security guard per month:3. The prospective bidder shall fill up Financial Bid Form , Items A to C (totalAmount due to guard and Total amount due to Government in favor of Guard)in accordance with the mandated existing Wage Order (RPB-15) andapplicable laws. Itemized offers under Letters A to C below the mandatedwage should not be accepted.4. The second part of the Financial Bid Form covering Letters D to G should befilled up in order to come up with the total bid offer per security guard permonth.3. All bids that exceed the ABC shall not be accepted.XV. ALTERNATIVE BIDSAlternative Bids shall be rejected. For this purpose, alternative bid is an offer made by aBidder in addition or as a substitute to its original bid which may be included as part of itsoriginal bid or submitted separately therewith for purposes of bidding. A bid with options isconsidered an alternative bid regardless of whether said bid proposal is contained in a singleenvelope or submitted in two (2) or more separate bid envelopes.XVI. BID PRICES1. Prices quoted by the Bidder shall be fixed during the Bidders performance of thecontract and not subject to variation or price escalation on any account, except for casescovered by 5.2.1, 5.2.2. and 5.2.3 of Appendix 14 Guidelines for Procurement ofSecurity and Janitorial Services (GPPB Resolution 024-2007 dated September 28,2007).5.2. All bid prices for a duration of the contract shall be fixed and shall not be adjustedduring the contract implementation, except for the following:129

5.2.1 Increase in minimum daily wage pursuant to law or new wage order issuedafter the date of bidding;5.2.1 Increase in taxes; and5.2.3 If during the term of the contract, the procuring entity sees the need for anincrease or decrease in the number of security guards or janitorial attendants,the resulting cost of said increase or decrease, provided that the ABC for therelevant year is not exceeded.A bid submitted with an adjustable price quotation shall be treated as non-responsiveand shall be rejected.2. All bid prices shall be considered as fixed prices, and therefore not subject to priceescalation during contract implementation, except under extraordinary circumstances asindicated in the Revised Guidelines for Contract Price Escalation (Appendix 9 of theRevised IRR or RA 9184).3. All bids below the prescribed PADPAO computed rates on the amount due to the guardsand the government shall be automatically disqualified.3.1 The Standard Cost Distribution Per Month Wage Order issued by PADPAO fordifferent regions provides that the PADPAO rate includes three components: TheTotal Amount to Guard and Government, Agency Fee and the Value Added Tax.The Total Amount to Guard and Government includes the standard salaries andbenefits for the guard. On the other hand, the Agency Fee covers the Operationaland Administrative expenses to be incurred by the Security Agency in its course ofproviding security services to its clients such as taxes and licenses (local andnational), supervision, training, insurances, and other incidental expenses relative tosecurity guarding to include returns of investment and profit.4. Bid offer higher than Approved Budget for the Contract (ABC) shall not be accepted.5. The Approved Budget for the Contract (ABC) shall be the ceiling bid offers.6. Bids shall be prepared and submitted using the prescribed format.XVII. BID CURRENCIESAll bid prices shall be quoted in Philippine Peso and payment of the contract prices shallbe made in the Philippine pesos.XVIII. BID VALIDITY1. Bids shall remain valid for one hundred twenty (120) calendar days from the date of theopening of bids.2. In exceptional circumstances, prior to the expiration of the Bid validity period, the NFAmay request Bidders to extend the period of validity of their bids. The request and theresponses shall be made in writing. A Bidder may refuse the request without forfeitingits bid security, but his bid shall no longer be considered for further evaluation andaward. A Bidder granting the request shall not be required or permitted to modify itsbid.XIX. BID SECURITY1. The bid security issued in favor of NFA shall be equal to the percentage of the ABC forthe whole lot in accordance with the following schedule:Form of Bid SecurityAmount of Bid Security(Equal to Percentage of the ABC)130

(a) Cash or cashiers/managers checkissued by a Universal or CommercialBank.(b) Bank draft/guarantee or irrevocableletter of credit issued by a Universal orCommercial Bank: Provided, however,that it shall be confirmed orauthenticated by a Universal orCommercial Bank, if issued by aforeign bank.(c) Surety bond callable upon demandissued by a surety or insurancecompany duly accredited by NFA andduly certified by the InsuranceCommission as authorized to issuesuch security.(d) Any combination of the foregoing.Two percent (2%) of ABCPhp481,504.14Two percent (2%) of ABCPhp481,504.14Five percent (5%)Php1,203,760.35Proportionate to share of form withrespect to total amount of securityThe bid security shall be valid for one hundred twenty (120) calendar days from the dateof the opening of bids. Any bid not accompanied by an acceptable bid security shall berejected by the Procuring entity as non-responsive.2. No bid securities shall be returned to bidders after the opening of bids and beforecontract signing, except to those that failed or declared as post-disqualified, uponsubmission of a written waiver of their right to file a motion for reconsideration and/orprotest.3. Without prejudice on its forfeiture, bid securities shall be returned only after thebidder with the Lowest Calculated and Responsive Bid has signed the contract andfurnished the performance security, but in no case later than the expiration of the bidsecurity validity period.4. Upon signing and execution of the contract and the posting of the performancesecurity, the successful Bidders bid security will be discharged, but in no case later thanthe bid security validity period.5. The bid security may be forfeited:a. if a Bidder:i. withdraws its bid during the period of bid validity;ii. does not accept the correction of errors;iii. fails to submit the requirements within the prescribed period or a finding againsttheir veracity ; oriv. any other reason stated in the Revised IRR of RA 9184b. if the successful Bidder:i. fails to sign the contract upon the receipt of Notice of Awardii. fails to furnish the performance security; oriii. any other reason stated in the Revised IRR of RA 9184XX. BID EVALUATION1. Criteria for Bid Evaluation shall follow the non-discretionary pass/fail criterion inaccordance with Section 30 of the Revised IRR of RA 9184.2. Lowest Calculated Bid2.1 In case there are 2 or more bidders having similar bid prices, the LCB shall bedetermined as follows:2.1.1 Three (3) or more bidders - draw lots (pre-numbered)131

2.1.2 Two (2) bidders - draw lots or toss coin2.2 The bidder who draws the number one shall be considered the first LCB to be postqualified. In case the first LCB fails the post qualification, the number 2 bidder aspre-numbered shall be considered for post-qualification. The same procedure shallbe followed until the lowest calculated and responsive bid is determined.XXI.FORMAT AND SIGNING OF BIDS1. Bidders shall submit their bids through their duly authorized representative using theappropriate and prescribed Bidding Forms on or before the deadline specified in thisITB in two (2) separate sealed bid envelopes, and which shall be submittedsimultaneously. The first shall contain the technical component of the bid, includingthe eligibility requirements and the second shall contain the financial component ofthe bid.2. Prescribed Bidding Forms must be completed without any alterations to their format,and no substitute form shall be accepted. All blank spaces shall be filled in with theinformation requested.3. The Bidder shall prepare and submit an original of the first and second envelopes. Inthe event of any discrepancy between the original and the copies, the original shallprevail.4. The bid, except for unamended printed literature, shall be signed, and each and everypage thereof shall be initialed, by the duly authorized representative/s of the Bidder.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed orinitialed by the duly authorized representative/s of the Bidder.XXII. SEALING AND MARKING OF BIDS1. Bidders shall enclose their original eligibility and technical documents in one sealedenvelope marked ORIGINAL - TECHNICAL COMPONENT, and the original oftheir financial component in another sealed envelope marked ORIGINAL -FINANCIAL COMPONENT, sealing them all in an outer envelope markedORIGINAL BID.2. Each copy of the first and second envelopes shall be similarly sealed duly marking theinner envelopes as COPY NO. ___ - TECHNICAL COMPONENT and COPY NO.___ FINANCIAL COMPONENT and the outer envelope as COPY NO. ___,respectively. These envelopes containing the original and the copies shall then beenclosed in one single envelope.3. The original and the number of copies of the Bid shall be typed or written in indelibleink and shall be signed by the bidder or its duly authorized representative/s.4. All envelopes shall:(a) contain the name of the contract to be bid in capital letters;(b) bear the name and address of the Bidder in capital letters;(c) be addressed to the NFAs BAC;(d) bear the specific identification of this bidding process; and(e) bear a warning DO NOT OPEN BEFORE the date and time for the openingof bids.5. If bids are not sealed and marked as required, the NFA BAC will assume noresponsibility for the misplacement or premature opening of the bid.132

XXIII. SUBMISSION AND OPENING OF BIDS1. Deadline for Submission of Bids. Bids must be received by the NFA BAC at NFARegion V Conference Room, Pier Site, Legazpi City and on or before January 16,2013, 10:00 A.M.XXIV. LATE BIDSAny bid submitted after the deadline for submission and receipt of bids prescribed byNFA BAC shall be declared Late and shall not be accepted by the Procuring Entity.XXIV. MODIFICATION AND WITHDRAWAL OF BIDS1. The Bidder may modify its bid after it has been submitted; provided that themodification is received by the NFA BAC prior to the deadline prescribed forsubmission and receipt of bids. The Bidder shall not be allowed to retrieve its originalbid, but shall be allowed to submit another bid equally sealed, properly identified,linked to its original bid marked as TECHNICAL MODIFICATION orFINANCIAL MODIFICATION and stamped received by the NFA BAC. Bidmodifications received after the applicable deadline shall not be considered and shallbe returned to the Bidder unopened.2. A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has beensubmitted, for valid and justifiable reason; provided that the Letter of Withdrawal isreceived by the Procuring Entity prior to the deadline prescribed for submission andreceipt of bids.3. Bids requested to be withdrawn shall be returned unopened to the Bidders. A Biddermay also express its intention not to participate in the bidding through a letter whichshould reach and be stamped by the BAC before the deadline for submission andreceipt of bids. A Bidder that withdraws its bid shall not be permitted to submitanother bid, directly or indirectly, for the same contract.4. No bid may be modified after the deadline for submission of bids. No bid may bewithdrawn in the interval between the deadline for submission of bids and theexpiration of the period of bid validity specified by the Bidder on the Financial BidForm. Withdrawal of a bid during this interval shall result in the forfeiture of theBidders bid security, and the imposition of administrative, civil and criminalsanctions as prescribed by RA 9184 and its IRR.XXV.OPENING AND PRELIMINARY EXAMINATION OF BIDS1. The BAC shall open the first bid envelopes of Bidders in public to determine eachBidders compliance with the documents. For this purpose, the BAC shall check thesubmitted documents of each bidder against a checklist of required documents toascertain if they are all present, using a non-discretionary pass/fail criterion. If abidder submits the required document, it shall be rated passed for that particularrequirement. In this regard, bids that fail to include any requirement or are incompleteor patently insufficient shall be considered as failed. Otherwise, the BAC shall ratethe said first bid envelope as passed.2. It is recognized that the proper and efficient procurement of security services shouldbe based not solely on cost, but should also take into consideration a range of otherfactors, such as, but not limited to, length of contract, standard of internal governance,adequacy of resources, levels of training, and adherence to labor and other sociallegislation. (Guidelines on the Procurement of Security and Janitorial Services,GPPB Resolution 024-2007, dated 28, September 2007.3. The BAC shall evaluate the additional set of Technical Parameters stated in theTechnical Specifications using non-discretionary pass/fail criteria. (Guidelines on the133

Procurement of Security and Janitorial Services, GPPB Resolution 024-2007,dated 28, September 2007.4. Immediately after determining compliance with the requirements in the firstenvelope, the BAC shall forthwith open the second bid envelope of each remainingeligible bidder whose first bid envelope was rated passed. The second envelope ofeach complying bidder shall be opened within the same day. In case one or more ofthe requirements in the second envelope of a particular bid is missing, incomplete orpatently insufficient, and/or if the submitted total bid price exceeds the ABC, theBAC shall rate the bid concerned as failed. Only bids that are determined to containall the bid requirements for both components shall be rated passed and shallimmediately be considered for evaluation and comparison.5. Letters of withdrawal shall be read out and recorded during bid opening, and theenvelope containing the corresponding withdrawn bid shall be returned to the Bidderunopened. If the withdrawing Bidders representative is in attendance, the original bidand all copies thereof shall be returned to the representative during the bid opening. Ifthe representative is not in attendance, the bid shall be returned unopened byregistered mail.6. The Bidder may withdraw its bid prior to the deadline for the submission and receiptof bids, provided that the corresponding Letter of Withdrawal contains a validauthorization requesting for such withdrawal, subject to appropriate administrativesanctions.7. If a Bidder has previously secured a certification from the Procuring Entity to theeffect that it has previously submitted the above-enumerated Class A Documents,the said certification may be submitted in lieu of the requirements enumerated in theITB.8. A Bidder determined as failed has three (3) calendar days upon written notice or, ifpresent at the time of bid opening, upon verbal notification, within which to file arequest or motion for reconsideration with the BAC: Provided, however, that themotion for reconsideration shall not be granted if it is established that the finding offailure is due to the fault of the Bidder concerned: Provided, further, that the BACshall decide on the request for reconsideration within seven (7) calendar days fromreceipt thereof. If a failed Bidder signifies his intent to file a motion forreconsideration, the BAC shall keep the bid envelopes of the said failed Bidderunopened and/or duly sealed until such time that the motion for reconsideration orprotest has been resolved.9. The NFA BAC shall prepare the minutes of the proceedings of the bid opening thatshall include, as a minimum: (a) names of Bidders, their bid price, bid security,findings of preliminary examination; and (b) attendance sheet. The BAC membersshall sign the abstract of bids as read.XXVI. PROCESS TO BE CONFIDENTIAL1. Members of the NFA BAC, including its staff and personnel, as well as its Secretariatand TWG, are prohibited from making or accepting any kind of communication withany bidder regarding the evaluation of their bids until the issuance of the Notice ofAward, unless otherwise allowed in the BDS or in the case of ITB Clause 26.2. Any effort by a bidder to influence the NFA BAC in its decision in respect of bidevaluation, bid comparison or contract award will result in the rejection of theBidders bid.134

XXVII. CLARIFICATION OF BIDSTo assist in the evaluation, comparison, and post-qualification of the bids, the NFABAC may ask in writing any Bidder for a clarification of its bid. All responses torequests for clarification shall be in writing. Any clarification submitted by a Bidderin respect to its bid and that is not in response to a request by the NFA BAC shall notbe considered.XXVIII. DETAILED EVALUATION AND COMPARISON OF BIDS1. The NFA BAC will undertake the detailed evaluation and comparison of bids whichhave passed the opening and preliminary examination of bids in order to determinethe Lowest Calculated Bid.2. The Lowest Calculated Bid shall be determined in two steps:(a) The detailed evaluation of the financial component of the bids, to establishthe correct calculated prices of the bids; and(b) The ranking of the total bid prices as so calculated from the lowest to thehighest. The bid with the lowest price shall be identified as the LowestCalculated Bid.2.1 The NFA BAC shall immediately conduct a detailed evaluation of all bidsrated passed, using non-discretionary pass/fail criteria. The BAC shallconsider the following in the evaluation of bids:(a) Completeness of the bid. Bids not addressing or providing all of therequired items in the Schedule of Requirements shall be considered nonresponsiveand, thus, automatically disqualified. In this regard, where arequired item is provided, but no price is indicated, the same shall beconsidered as non-responsive, but specifying a "0" (zero) for the said itemwould mean that it is being offered for free to the Procuring Entity; and(b) Arithmetical corrections. Consider computational errors and omissionsto enable proper comparison of all eligible bids.2.2 Based on the detailed evaluation of bids, those that comply with the abovementionedrequirements shall be ranked in the ascending order of their totalcalculated bid prices, as evaluated and corrected for computational errors, toidentify the Lowest Calculated Bid. Total calculated bid prices, as evaluatedand corrected for computational errors, which exceed the ABC shall not beconsidered.2.3 The NFA BACs evaluation of bids shall be based on the bid price quoted inthe Financial Bid Form.2.4 Bids shall be evaluated on an equal footing to ensure fair competition. Forthis purpose, all bidders shall be required to include in their bids the cost of alltaxes, such as, but not limited to, value added tax (VAT), income tax, localtaxes, and other fiscal levies and duties which shall be itemized in the bidform and reflected in the detailed estimates. Such bids, including said taxes,shall be the basis for bid evaluation and comparison.XXIX. POST QUALIFICATION1. The NFA BAC shall determine to its satisfaction whether the Bidder that is evaluatedas having submitted the Lowest Calculated Bid (LCB) complies with and isresponsive to all the requirements and conditions of this Project.135

2. Within a non-extendible period of three (3) calendar days from receipt by the bidderof the notice from the BAC that it submitted the LCB, the Bidder shall submit thefollowing documentary requirements:a. Tax clearance per Executive Order 398, Series of 2005;b. Latest income and business tax returns;c. Certificate of PhilGEPS Registration; andd. Other appropriate licenses and permits required by law and stated in the Instructionto Bidders.Failure of the Bidder declared as Lowest Calculated Bid to duly submit therequirements under this Clause or a finding against the veracity of such shall beground for forfeiture of the bid security and disqualification of the Bidder for award.3. The determination shall be based upon an examination of the documentary evidenceof the Bidders qualifications submitted, as well as other information as the ProcuringEntity deems necessary and appropriate, using a non-discretionary pass/failcriterion.4. If the BAC determines that the Bidder with the Lowest Calculated Bid passes all thecriteria for post-qualification, it shall declare the said bid as the Lowest CalculatedResponsive Bid, and recommend to the Head of the Procuring Entity the award ofcontract to the said Bidder at its submitted price or its calculated bid price, whicheveris lower.5. A negative determination shall result in rejection of the Bidders Bid, in which eventthe Procuring Entity shall proceed to the next Lowest Calculated Bid to make asimilar determination of that Bidders capabilities to perform satisfactorily. If thesecond Bidder, however, fails the post qualification, the procedure for postqualification shall be repeated for the Bidder with the next Lowest Calculated Bid,and so on until the Lowest Calculated Responsive Bid is determined for contractaward.6. Within a period not exceeding seven (7) calendar days from the date of receipt of therecommendation of the BAC, the Head of the Procuring Entity shall approve ordisapprove the said recommendation. In the case of GOCCs and GFIs, the periodprovided herein shall be fifteen (15) calendar days.7. If, however, the RBAC determines that the bidder with the Lowest Calculated Bidfails the criteria for post qualification, it shall immediately notify the said bidder inwriting of its post disqualification and the grounds for it.9. Immediately after the RBAC has notified the first bidder of its post disqualification,and notwithstanding any pending request for reconsideration thereof, the BAC shallinitiate and complete the same post qualification process on the bidder with thesecond Lowest Calculated Bid. If the second bidder passes the post qualification, andprovided that the request for reconsideration of the first bidder has been denied, thesecond bidder shall be post qualified as the bidder with the Lowest Calculated andResponsive Bid.10. If the second bidder, however, fails the post qualification, the procedure for postqualification shall be repeated for the bidder with the next Lowest Calculated Bid,and so on until the Lowest Calculated and Responsive Bid is obtained.11. The post qualification process shall be completed in not more than seven (7) calendardays from the determination of the Lowest Calculated Bid. In exceptional cases, thepost qualification period may be extended by the head of the Procuring entity, but inno case shall the aggregate period exceed thirty (30) calendar days.XXX. RESERVATION CLAUSE136

1. Notwithstanding the eligibility or post-qualification of a Bidder, the Procuring Entityconcerned reserves the right to review its qualifications at any stage of theprocurement process if it has reasonable grounds to believe that a misrepresentationhas been made by the said Bidder, or that there has been a change in the Bidderscapability to undertake the project from the time it submitted its eligibilityrequirements. Should such review uncover any misrepresentation made in theeligibility and bidding requirements, statements or documents, or any changes in thesituation of the Bidder which will affect its capability to undertake the project so thatit fails the preset eligibility or bid evaluation criteria, the Procuring Entity shallconsider the said Bidder as ineligible and shall disqualify it from submitting a bid orfrom obtaining an award or contract.2. Based on the following grounds, the Procuring Entity reserves the right to reject anyand all bids, declare a failure of bidding at any time prior to the contract award, or notto award the contract, without thereby incurring any liability, and make no assurancethat 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 oremployees 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 aBidder and a third party, including any act which restricts, suppresses or nullifiesor tends to restrict, suppress or nullify competition;b. If the Procuring Entitys BAC is found to have failed in following the prescribedbidding procedures; orc. For any justifiable and reasonable ground where the award of the contract will notredound to the benefit of the GOP as follows:(i) If the physical and economic conditions have significantly changed so as torender the project no longer economically, financially or technically feasible asdetermined by the head of the procuring entity;(ii) If the project is no longer necessary as determined by the head of the procuringentity; and(iii) If the source of funds for the project has been withheld or reduced through nofault of the Procuring Entity.3. In addition, the Procuring Entity may likewise declare a failure of bidding when:a. No bids are received;b. All prospective Bidders are declared ineligible;c. All bids fail to comply with all the bid requirements or fail post-qualification; ord. The Bidder with the Lowest Calculated Responsive Bid (LCRB) refuses, withoutjustifiable cause to accept the award of contract, and no award is made.XXXI. CONTRACT AWARD1. The NFA shall award the contract to the Bidder whose bid has been determined tobe the LCRB.2. Prior to the expiration of the period of bid validity, the Procuring Entity shall notifythe successful Bidder in writing that its bid has been accepted, through a Notice ofAward received personally or sent by registered mail or electronically, receipt ofwhich must be confirmed in writing within two (2) days by the Bidder with theLCRB and submitted personally or sent by registered mail or electronically to theProcuring Entity.3. Notwithstanding the issuance of the Notice of Award, award of contract shall besubject to the following conditions:137

a. Posting of the performance security;b. Signing of the contract ; andc. Approval by higher authority, if required.XXXII. SIGNING OF THE CONTRACT1. At the same time as the Procuring Entity notifies the successful Bidder that its bidhas been accepted, the NFA shall send the Contract Form to the Bidder, whichcontract has been provided in the Bidding Documents, incorporating therein allagreements between the parties.2. Within ten (10) calendar days from receipt of the Notice of Award, the successfulBidder shall post the required performance security and sign and date the contractand return it NFA.3. NFA shall enter into contract with the successful Bidder within the same ten (10)calendar day period provided that all the documentary requirements are compliedwith.4. The following documents shall form part of the contract:a. Contract Agreement;b. Bidding Documents;c. Winning bidders bid, including the Technical and Financial Proposals, and allother documents/statements submitted;d. Performance Security;e. Credit Line in accordance with ITB Clause 5.5 if applicable;f. Notice of Award of Contract; anDg. Other contract documents that may be required by existing laws and/or specifiedin the BDS.XXXIII. PERFORMANCE SECURITY1. To guarantee the faithful performance by the winning Bidder of its obligations underthe contract, it shall post a performance security within a maximum period of ten(10) calendar days from the receipt of the Notice of Award from the NFA and in nocase later than the signing of the contract.2. The performance security shall be denominated in Philippine Pesos and posted infavor of the NFA in an amount equal to the percentage of the total contract price inaccordance with the following schedule:Form of Performance Securitya. Cash or cashier’s/manager’s check issued bya Universal or Commercial Bank.b. Bank draft/guarantee or irrevocable letter ofcredit issued by a Universal or CommercialBank: Provided, however, that it shall beconfirmed or authenticated by a Universal orCommercial Bank, if issued by a foreign bank.c. Surety bond callable upon demand issued bya surety or insurance company duly accreditedby NFA and duly certified by the InsuranceCommission as authorized to issue suchsecurity; and/ord.Any combination of the foregoing.Amount of Performance Security(Equal to Percentage of the TotalContract Price)Five percent (5%)Php1,203,760.35Thirty percent (30%)Php7,222,562.10Proportionate to share of form withrespect to total amount of security138

3. Failure of the successful Bidder to comply with the above-mentioned requirement shallconstitute sufficient ground for the annulment of the award and forfeiture of the bidsecurity, in which event the Procuring Entity shall initiate and complete the postqualification of the second Lowest Calculated Bid. The procedure shall be repeateduntil the LCRB is identified and selected for contract award. However if no Bidderpassed post-qualification, the BAC shall declare the bidding a failure and conduct a rebiddingwith re-advertisement.4. The performance security shall remain valid until the issuance by the procuring entityof the final Certificate of Acceptance.5. The performance security shall answer for the bidder faithful performance of the termsand conditions of the contract and any of the following:a. For losses, shortage and damage attributable to Agencys fault/negligenceb. For additional expenses incurred due to Agencys failure or fault without valid orjustifiable cause;c. For litigation expenses, attorneys fees, and liquidated damages that may be incurredas a result of the breach of obligations by the Agency under the terms andconditions.6. The Performance Security may be released by the Procuring Entity after the issuance ofthe final Certificate of Acceptance, subject to the following conditions:a. Procuring entity has no claims filed against the contract awardee of the suretycompany;b. Other terms and conditions of the contract.XXXIV. NOTICE TO PROCEED1. Within three (3) calendar days from the date of approval of the contract by theappropriate government approving authority, the NFA shall issue its Notice toProceed to the Bidder.2. The effectivity date of the contract shall be reckoned from the date of deployment asstated in the Notice to Proceed.XXXV. OWNERSHIP OF BID DOCUMENTSAll documents submitted for the bidding shall become the property of the NFA, whichmay use such information including copying of the same for bid evaluation purposes.XXXVI. PROTEST ON DECISION OF THE NFA BAC1. Decisions of the NFA BAC with respect to the conduct of bidding may be protestedin writing to the Head of the Procuring Entity. Provided, however, that a prior motionfor reconsideration should have been filed by the party concerned within thereglementary periods, and the same has been resolved. The protest must be filedwithin three (3) calendar days from receipt by the party concerned of the resolutionof the NFA BAC denying its motion for reconsideration. A protest may be made byfiling a verified position paper with the head of the procuring entity concernedaccompanied by the payment of a non-refundable protest fee. The non-refundableprotest fee shall be in an amount equivalent to no less than one percent (1%) of theApproved Budget for the pertinent item (s) being bid.2. The verified position paper shall contain the following information:h. The name of the Bidders;i. The office address of the Bidder;139

j. The name of the project/contract;k. The implementing office/agency or procuring entity;l. A brief statement of facts;m. The issue to be resolved; andn. Such other matters and information pertinent and relevant to the proper resolutionof the protest.3. The position paper is verified by an affidavit that the affiant has read and understoodthe contents thereof and that the allegations therein are true and correct of hispersonal knowledge or based on authentic records. An unverified position paper shallbe considered unsigned, produces no legal effect, and results to the outright dismissalof the protest.XXXVII. CONTRACT PRICE1. Prices charged by the Contractor delivered and/o service performed under thiscontract shall not vary from the prices quoted by the contractor in its bid, with theexception in any change in price resulting from a Change order issued inaccordance with contract amendment, or if applicable, adjustment authorized withthe price adjustment provisions specified in the General and Special Conditions ofthis contract.2. Price is inclusive of the salaries, wage, benefits and other remuneration due to thesecurity guards assigned to NFA under its existing rules and regulations such asbut not limited to SSS contributions, Philhealth, State insurance, 13th Month Pay.3. The rates of the guards shall at all times be in accordance with PADPAOcomputed rates on the amount due to the guards and the government, to beadjusted to conform with the actual number of security guards deployed to NFA(based on NFA requirements) as well as any minimum wage adjustmentmandated by law as implemented by the Regional Tripartite Wages andProductivity Board V of the Department of Labor and Employment.XXXVIII. PAYMENT PROCEDURES1. The AGENCY shall bill NFA on a monthly basis and NFA agrees to pay the amountbilled by the CONTRACTOR within sixty (60) working days net of applicablewithholding tax, after submission of the following documents.a. First Billinga.1 Service Invoicea.2. Statement of Accounta.3. Billing Summarya.4. Original Copy of Security Guards Duty Detail Order and/or Schedule ofGuards with signature of all SGs concerneda.5. Original Copy of Duty Detail Order and/or Schedule of Guards with signatureof all SGs concerneda.5 Security Guards Individual DTR per Installation with signature of all SGsconcerneda.6 Consolidated SGs DTR per Installation with signature of all SGs concerneda.7 Notarized Joint Affidavit, Quitclaim and Waiver duly signed by all the SGsconcerneda.8 Notarized Certification that all salaries, wages and other benefits due to guardcovering the month is in accordance with PADPAO Rates and that the Agencyhas not exceeded the One Thousand Guardsa.9. Copy of Monthly Payroll and any other documents evidencing payments ofsalaries to the security guardsa.10 Certified true copy of Pag-IBIG Fund, PHILHEALTH and SSS OfficialReceipts with Membership Contributions Remittance Reporta.11 Copy of the Contract (certified photocopy)a.12 Notice of Award (certified photocopy)140

a.13 Notice to Proceed (certified photocopy)a.14 Copy of Performance Bond (certified photocopy)a.15 Security Personnel Status Reportb. Succeeding Billinga.1 Service Invoicea.2. Statement of Accounta.3. Billing Summarya.4. Original Copy of Security Guards Duty Detail Order and/or Schedule ofGuards with signature of all SGs concerneda.5. Original Copy of Duty Detail Order and/or Schedule of Guards with signatureof all SGs concerneda.5 Security Guards Individual DTR per Installation with signature of all SGsconcerneda.6 Consolidated SGs DTR per Installation with signature of all SGs concerneda.7 Notarized Joint Affidavit, Quitclaim and Waiver duly signed by all the SGsconcerneda.8 Notarized Certification that all salaries, wages and other benefits due to guardcovering the month is in accordance with PADPAO Rates and that the Agencyhas not exceeded the One Thousand Guardsa.9. Copy of Monthly Payroll and any other documents evidencing payments ofsalaries to the security guardsa.10 Certified true copy of Pag-IBIG Fund, PHILHEALTH and SSS OfficialReceipts with Membership Contributions Remittance Reporta.11 Security Personnel Status Report2. It is agreed and understood that the payment of the contract price, exclusive of the 13 thmonth pay which shall be released every six (6) months, shall be made on the conditionthat the AGENCY has paid its security guards who are assigned to NFA all their salaries,wages and other benefits due them up to the time of payment of said amounts by NFA inaccordance with PADPAO rates. A Certification to this effect shall be stated and dulysigned in the billings made by the AGENCY. NFA shall not be required to pay directlyto any of AGENCY’s personnel any amount owing them by the AGENCY as salaries,wages or for any purpose whatsoever.3. Payment of sums hereunder shall be subjected to the usual government accounting andauditing regulations.4. Should NFA be constrained to file a case to obtain court relief against the AGENCY, thelatter will hold itself liable to pay an amount equivalent to twenty (20%) percent of theamount claimed in the complaint as attorneys fees, aside from the costs of the litigationand other expenses which may entitle the NFA to recover from the AGENCY any and allactions arising from this Agreement which may party may decide to institute shall be filedwith proper court in the City of Quezon.5. In case of breach of or violation by the AGENCY of any provision of this Agreement, theAGENCY shall pay NFA, by way of liquidated damages the sum equivalent to fifteenpercent (15%) of the total contract price. It is understood that the damages hereinprovided are fixed, agreed and liquidated damages, and that to be entitled to suchdamages, the NFA shall not be required to prove that it has incurred actual damages.XXXIX. USE OF CONTRACT DOCUMENTS AND INFORMATION1. The CONTRACTOR shall not, except for purposes of performing the obligations inthe contract, without NFAs prior written consent, disclose this contract, or anyprovision thereof, or any specification, plan, drawing, pattern, sample, or informationfurnished by or on behalf of NFA. Any such disclosure shall be made in confidenceand shall extend only as far as may be necessary for purposes of such performance.141

2. Any document, other than this contract itself, shall remain the property of NFA andshall be returned (all copies) to NFA on completion of the CONTRACTORsperformance under this contract if so required by NFA.XXXX. OBLIGATIONS OF THE SECURITY AGENCY1. The AGENCY shall secure all the prescribed NFA Region V installationscontinuously and without any interruption during the effectivity of the Contract inaccordance with the AGENCYs Security Management Plan. The SecurityManagement Plan shall form part of the Security Services Contract.The AGENCY shall exercise extraordinary diligence in carrying out its obligationunder the Contract.2. Only duly licensed security guards shall be deployed by the AGENCY. Beforedischarging their duties, the agency shall submit to the NFA-Region V Office thefollowing documents:2.a Individual SGs clearance issued within the last six (6) months by the PhilippineNational Police (PNP), National Bureau of Investigation (NBI), and/or propercourt of the place where they reside, certifying that they have no criminal recordconvicting them for any offense, or there is no pending criminal case againstthem.2.b A certification from the AGENCY that the SGs are of good moral character,courteous, honest, not alcoholic and not engaged in any illegal activity;2.c A certified true copy of the SGs respective valid licenses;2.d A certified true copy of the result of neuro-psychiatric and drug tests of all SGsconducted and issued not earlier than six (6) months by PNP-accreditedlaboratory/clinic.It is hereby understood and agreed upon that in no case shall the AGENCY assignmere trainees as security guards to be deployed, otherwise, assignment of trainees assecurity guards shall be considered a violation of the contract.The AGENCY shall, together with the concerned NFA Provincial Manager/AssistantProvincial Manager or Regional/Provincial Enforcement and Investigation Officersconduct a briefing with the security guards before their deployment to specificassignments concerning among others, their wages, benefits and otherinstructions/matters relevant to efficient performance of their duties.3. The AGENCY shall issue a Duty Detail Order (DDO) for every security guard to beassigned/posted to any NFA-Region V installation duly approved by the concernedNFA Region V Regional/Provincial Manager, indicating therein the name of theguard, the type of issued firearms, the particular place of assignment and the inclusivedates (duration) within which the guard is to render services.The Security Guards shall, before assumption of post, present his individual DDO tothe concerned NFA Regional/Provincial Manager or his duly authorizedrepresentative.In no case shall a Security Guard assume post without the presentation of individualDDO and Recall Order to the concerned NFA Region V Regional/Provincial Manageror his duly authorized representative.In case of replacement of guards posted in an installation, the name of the guards to bereplaced and to be deployed shall be indicated in the DDO duly noted by the concernedNFA Region V Regional/Provincial Manager and shall be presented together with theRecall Order issued to the security guard to be replaced.142

4. The tour of duty of the Security guard shall be divided into three (3) shifts for a maximumof eight (8) hours per shift as follows:1 st Shift 2 nd Shift 3 rd Shift0700H 1500H 1500 2300H 2300 0700However, during special operations (e.g. loading and unloading operations, opening ofadditional leased warehouses, cash escorts, mobile procurement of palay, and other similaractivities) the NFA Provincial Office through the Regional Office may requests theAGENCY to post additional security guards. Payments for the security services renderedbeyond the eight (8) hour duty shall be pro-rated on daily rate.5. The absorption of inorganic guards by the AGENCY shall be strictly prohibited unless withthe prior approval of the NFA Administrator or his duly authorized representative. Forpurposes of the contract, absorption shall be defined as, but not limited to the employmentand/or rehiring by the agency of security guards previously employed by another securityagency for deployment to any NFA Region V installations.6. The NFA shall have the unconditional right to require the AGENCY to replace guard/swhich are not acceptable to NFA with those acceptable to the NFA. Replacement should beeffected within twenty-four (24) hours after receipt of the written recommendation/requestby the NFA. In no instance shall the replaced security guard be re-deployed in any NFARegion V installations.7. The security guard so assigned shall be under the strict supervision of the AGENCY. NFA,however, shall have the right to conduct spot inspections on the performance of the securityguards at any time it may deemed necessary. This right shall not, however, diminish theliability of nor absolve the AGENCY and guard of their obligations to NFA under thisContract.8. In the matter of discipline, performance and/or breach in the norms of conduct by thesecurity guard, the AGENCY shall submit incident reports to NFA-Region VRegional/Provincial Office concerned.9. The AGENCY shall undertake a monthly reshuffling of its security guards from one (1) postto another. Reassignment can be made within a shorter period upon instruction of the NFARegion V Regional Director/Provincial Manager.The AGENCY may, within the six (6) months period, undertake replacement of its securityguards upon a written request by the concerned Provincial Manager.10. The AGENCY shall deploy security guard who must always be in proper uniform andequipped with the following equipment/accessories necessary to carry out their requiredduties such as:a. logbook to be used for recording people and events affecting security matters;b. fully loaded serviceable firearm;c. flashlight and/or rechargeable searchlight;d. night stick;e. whistle with lanyard;f. metal detector;g. medical pouch;h. umbrella;i. raincoat;j. rainboots; andk. other equipment which are essential for security purposes such as handcuff, teargascanister, traffic vest, traffic gloves.The description of security guards uniform must be in accordance with Section 4.a 1 to 9and Section 4.b 1 to 7 of RA 5487.143

11. The AGENCY shall be duly represented in the investigation which will be conducted byNFA to determine whether or not the AGENCY was at fault or negligent or did not exercisedue diligence required under the circumstances to prevent or minimize injury or damage toor loss of property.Absence of a representative from the Agency, despite notice, will not preclude the NFAfrom proceeding with the investigation.The AGENCY may request for police assistance or police investigation with regard toincident. However, the same shall not diminish nor extinguish its liability as a result ofdamage or loss of NFA property, and the prompt payment by the AGENCY to the NFA onwhatever loss which occur to the latter.If investigation to be conducted involved offenses allegedly committed only by NFA RegionV employees e.g. theft committed by Cashier, Special Disbursing Officer (SDO) andSpecial Collecting Office (SCO) and loss of stocks or property fully documented, NFA maystill notify the AGENCY6 of the investigation being conducted.12. The AGENCY shall not be held liable for damage or loss of NFA Region V property due tofortuitous events or acts of God as may be determined after the investigation.13. The AGENCY hereby authorizes NFA Region V to withhold such amount as might besufficient to satisfy its liability to NFA Region V. The authority shall include any and allliabilities of the agency to the NFA Region V in connection with this contract.14. The AGENCY and its security guard assigned shall provide additional services related totheir work when requested by NFA Region V, such as armed escort services. Moreover,the AGENCY shall have a pool of reserved guards, at least two (2) reliever guards forevery ten (10) security guards deployed, to ensure the presence of adequate reliever whenthe need arises. This is to prevent straight or continuous service of security personnel for16 or 24 hours.15. To ensure smooth and effective coordination with NFA Region V, the AGENCY musthave and maintain an office preferably in the NFA Regional seat in Legazpi City, Albay .The Agencys office must have a valid mayors permit equipped with communication andoffice equipment i.e., telephone line, fax machines, computer, furniture and fixtures etc. Itshall be the sole responsibility of the Agency to determine and to satisfy itself by suchmeans as it considers necessary or desirable as to all matters pertaining to the contractincluding:a. The location of Region V provincial offices/installations and warehouses includingthe kind and volume of stocks stored therein;b. Transportation facilities including the motor pool, if any;c. Milling and drying facilities;d. Number of NFA personnel and usual number of NFA clients at any given time;e. Volume of work/transactions in the office/warehouses.As such, the AGENCY is expected to submit among others, an Affidavit of SiteInspection using the attached prescribed format . It shall be submitted together with thebidding documents for purposes of eligibility checking.16. The AGENCY shall post a Performance Security in the following forms:Form of Performance SecurityCash or cashiers/managers check issued by aUniversal or Commercial Bank.Amount of Performance Security(Equal to Percentage of the ABC)Five percent (5%) of ABCPhp1,203,760.35144

Bank draft/guarantee or irrevocable letter ofcredit issued by a Universal or CommercialBank: Provided, however, that it shall beconfirmed or authenticated by a Universal orCommercial Bank, if issued by a foreign bank.Surety bond callable upon demand issued by asurety or insurance company duly accredited byNFA and duly certified by the InsuranceCommission as authorized to issue suchsecurity.Any combination of the foregoing.Five percent (5%) of ABCPhp1,203,760.35Thirty percent (30%)Php7,222,562.10Proportionate to share of form withrespect to total amount of securityTo guarantee the faithful performance of the Contractor of his/her obligations under thecontract, he/she shall post the required performance security.In case the security contract is extended, the AGENCY shall be required to post thecorresponding Performance Bond.The Performance Surety Bond shall be forfeited in favor of NFA, Region V in cases wherethe AGENCY fails to comply with the terms and conditions of the contract. Should theamount forfeited be not sufficient to cover such losses, damages and liabilities incurreddue to fault of the AGENCY, the Agency shall pay the NFA the remaining balance incash.17. The AGENCY shall assume full and exclusive obligation to pay the mandated wage andwithholding taxes provided for by laws to its security guards assigned to NFA Region Vunder this Contract. This includes claims and other compensations as may be legally dueto security guards such as payments of salaries, SSS premiums, Philhealth and the like.Payment of guards salaries shall be thru automated Teller Machine within five (5)calendar days after the Contractors cut-off period for payroll. All benefits accruing tothe guards (13 th Month pay, uniform allowances, mandatory leave, etc) must be givenwithin 15 days from due date.Likewise, the Contractor must have a buffer fund for the security guards salaries.Payment of salaries, wages, and other benefits of the guards must not be dependent on thereceivables of the Contractor from NFA.The AGENCY shall submit to the NFA a copy of the payroll and any other documentsevidencing payment of salaries to the security guards.In case the AGENCY pays each security guard below the minimum wage and fails toremit to the proper government offices the required contributions of the security guards,NFA is hereby authorized to withhold the payment due to the AGENCY the amountactually paid and the prescribed minimum wage. Non-compliance of any or all of theabove Section 17 maybe a ground for pre-termination of the contract.18.The AGENCY shall submit a monthly security assessment to NFA including its findingsand recommendations not later than 10 th day of the following month.The AGENCY shall likewise arrange monthly meetings with the NFA assignedcoordinators for any problem/dispute that arises pertaining to the performance of securityguards assigned thereat.Surprise visits by inspectors of the AGENCY shall be made regularly to make thecompanys monitoring and control of its guards activities more effective and efficient.Security guards who were charged for dishonesty, negligence, disrespect and/or forviolation of the General Orders should be immediately relieved from post.145

19. The AGENCY shall conform to the rules and regulations as mandated in R.A. 5487(Private Security Agency Law) as amended, P.D. 442 (Labor code of the Philippines), asamended and other related laws.20. All costs related to mobilization, demobilization and supervision of guards shall beshouldered by the AGENCY. The AGENCY shall provide a Safety Deposit Box in everyProvincial Office for items to be deposited by visitors/stakeholders in the Security Guardassigned in the lobby i.e. firearms, etc. Further, the AGENCY to provide safe drinkingwater for its Security Guards in every NFA installations.21. It is also agreed that the AGENCY shall pay taxes in full and on time. In addition, theAGENCY is under obligation to regularly present, within the duration of the contract, thebusiness tax returns duly stamped and received by the Bureau of internal Revenue (BIR)22. The AGENCY shall provide Security Supervisor, preferably a BS Criminology graduate inthe following provinces of NFA Region V: one (1) for Albay and Catanduanes; one (1)for Camarines Norte and Camarines Sur and one (1) for Masbate and Sorsogon for thesupervision of their security guards. Payment of services of the Security Supervisor shallbe chargeable to the Agency. The Security Supervisor shall be supported by theAGENCYs service vehicle for security inspection and other purposes as specified in D.Likewise, the NFA provincial manager and/or the SEIO concerned must be provided withthe AGENCYs service vehicle in the conduct of inspection of security guards, securityand communications equipment in the different NFA installations/warehouses.23.The AGENCY shall submit appointment of its designated liaison officer(s) who shall beresponsible and authorized to deliver and received pertinent documents to and from NFARegion V and its provincial offices and vice versa.24. The AGENCY hereby expressly agrees and binds itself that NFA Region V shall beprotected and absolved from any labor case or problem as the same shall be fully assumedsolely and exclusively by the AGENCY. The Agency shall be liable to NFA for anystoppage or interruption in the services to be provided due to labor problems/conflictbetween security guards and the agency under this contract or other causes other thanfortuitous events.In case of suit where the NFA Region V is impleaded as indirect employer, the AGENCYshall hold NFA Region V free from any liability arising there from and shall defend andprotect NFA Region V interest therein.Failure to submit the above documents shall be a ground for the pre-termination of theContract.XXXXI. OBLIGATIONS OF NFA1. All payments to the CONTRACTOR shall be made at the particular NFA Region VRegional/Provincial Office where the security services are rendered subject to NFARegion V accounting and auditing rules and regulations.Before the release of its payment, the NFA Region V shall require theCONTRACTOR to submit proof of remittance and receipt of SSS, Philhealth and Pag-IBIG premium payments of security guards and contributions to other concernedgovernment agency.2. No payment shall be made to the CONTRACTOR for any unauthorized and/orunilateral increase in security service in the region without the written authority by theRegional Manager and the required approval and/or confirmation by the NFAAdministrator.3. The NFA Region V undertakes to pay the CONTRACTOR the amount equivalent tothe actual deployment of security guards who rendered services for the contract periodinclusive of twelve percent (12%) VAT of the Administrative Overhead and Profitmargin, and guarantees to pay on time for the actual services rendered.146

4. The NFA Region V shall conduct an orientation with the security guards concerning,among other things, the NFA Region V policies.5. The NFA Region V shall conduct a quarterly assessment or evaluation of theperformance of the service provider/CONTRACTOR based on the set of performancecriteria as follows:a. quality of service delivered;b. time management;c. management and suitability of personnel;d. contract administration and management; ande. provision/submission of regular progress reportXXXXII.PROHIBITIONS The security personnel are prohibited from doing the following:1. Use of telephone for personal calls2. Live/stay in office premises after tour of duty3. Laundry, ironing, cooking inside the office/compound4. Smoking and drinking liquor or any intoxicating beverages during tour of duty5. Taking a bath inside the office premises/warehouse6. Straight duty for 16 or 24 hours continuous service of security personnelXXXXIII.SPECIAL PROVISIONS1. The security requirements may be increased or decreased as NFA may require fromtime to time. NFA may further request for changes or relief of security personnelassigned to NFA by due notice to the CONTRACTOR which the Contractor agrees toeffect within 12 hours from receipt on NFAs request.2. The guards to be deployed should not be more than fifty-five years of age, at least 54in height, with medium built, of good moral character, at least High School graduate.3. CONTRACTOR agrees to provide their assigned security guards with the requireduniforms, equipment/accessories to carry out their required duties.4. The CONTRACTOR shall submit to NFA a quarterly listing of all statutory deductions,i.e. SSS premiums, Philhealth, Pag-IBIG Fund remitted for the guards assigned toNFA, duly machine validated.5. CONTRACTOR shall secure all necessary government permits and licenses for theperformance of their services.6. The CONTRACTOR shall be liable for any loss or damage to property committedthrough theft or other surreptitious means as a result of fault or negligence of thesecurity guards, which loss or damage is suffered by NFA or any of its employees andguests within the NFA premises during the hours of work of the security guardsprovided the loss or damage is reported to CONTRACTOR within 72 hours fromdiscovery.7. The AGENCY shall be liable to NFA for any stoppage or interruption in the services tobe provided due to labor problems/conflict between the Agency and its security guardsor other causes other than fortuitous events.8. It is understood that NFA Region V shall have the sole option to cause theincrease/decrease of the number of AGENCYs security guards to be deployed at allinstallations within the contract area depending upon the exigency of the operationstherein.9. It is understood that the security guards are not employees of NFA Region V but of theAGENCY as an independent Contractor. Hence, no employer-employee relationshipexist whatsoever between NFA Region v and the security guards.147

10. The NFA Region V shall conduct an orientation with the security guards concerning,among others, the NFA Region V policies.The AGENCY shall maintain a SATISFACTORY level of performance throughout theterm of the Contract based on the prescribed set of performance criteria.The performance criteria to be applied shall include, among others, the following: (a)quality of service delivered; (b) time management; (c) management and suitability ofpersonnel; (d) contract administration and management; and (e) provision/submissionof regular progress reports.NFA Region V shall conduct a quarterly assessment or evaluation of the performanceof the service provider/contractor based on the set of performance criteria prescribed.Based on the assessment made, NFA Region V may pre-terminate the contract forfailure of the CONTRACTOR to perform its obligations thereon, following theprocedure prescribed under the Guidelines on the Termination of Contracts issued bythe Government Procurement Policy Board under Resolution Number 018-2004 dated22 December 2004.11. The AGENCY shall have no right to assign or otherwise transfer in any mannerwhatsoever its right, interest and obligation under this Contract or any part hereofwithout the prior written approval of NFA.Should NFA Region V suffer damages by reason of delay and/or violation of any of theconditions of the contract, the Agency shall be held liable for TWENTY FIVE (25%)PERCENT of the contract value as liquidated damages aside from Attorneys Fee,cost of suit and actual damages.12. Any dispute or disagreement of any kind or whatsoever arising from any interpretation,implementation or violation of the terms and conditions of the Contract shall, as far aspracticable, be settles amicably. If one of the parties is constrained to seek judicialredress to protect its rights and interest, such suit shall be filed and prosecutedexclusively in the proper competent courts in Quezon City, Philippines.13. All the provisions of the Guidelines in the Procurement of Security Services shall formas integral part of the Security Services Contract which shall be executed by NFA andthe winning security agency.14. The NFA Region V management shall have the exclusive right to require the AGENCYto replace security guard/s with those acceptable to NFA Region V concernedprovinces. Replacements should be effected within twelve (12) hours after receipt ofthe written advice by NFA Region V. In no instance shall the replaced security guardbe re-deployed in any NFA Region V installations.15. The security guard/s shall be under the strict supervision of the AGENCY. NFARegion V, however, shall have the right to conduct spot inspections on theperformance of the security guards at any time it may deem necessary. The right shallnot, however, diminish the liability of nor absolve the AGENCY and the guard of theirobligations to the NFA-Region V under the Contract. It is understood that theAGENCY is liable for all the acts of commissions or omissions of its guards.16. The AGENCY shall, jointly and severally with its security guards, be liable to NFARegion V or to any person for any injury or damage or loss of property suffered bythem within the security coverage of the AGENCY as a result of, among others,assault, arson, theft, robbery, pilferage, trespass, mischief or any unlawful act ornegligence.In case of any loss to NFA Region V, payment shall be made immediately by theAGENCY through deduction from the latters claim of payment for security servicesthe amount of which shall be determined thru investigation to be conducted by NFA.148

XXXXIV. CONTRACT IMPLEMENTATIONThe contract implementation shall be governed by Section 42.1 of the ImplementingRules and Regulations of R.A. 9184.XXXXV. DURATION OF THE CONTRACTThe Contract for Security Services shall be for a period of eleven (11) months whichwill take effect from 1500 hrs of February 1, 2013 until 1500 hours of 31 December2013 unless sooner terminated in accordance with the applicable provisions ofGovernment Procurement Policy Board Resolution No. 018-2004 dated 22 December2004 and Appendix 14 Guidelines on the Procurement of Security and JanitorialServices of R.A. 9184.XXXXVI.TERMINATION1. This Contract shall terminate at the lapse of the period or duration in accordance withthe Security Contract.2. The NFA, however, has the right to terminate this Contract at anytime upon thirty(30) days prior notice to the AGENCY under any or all of the followingcircumstances shall exist, namely:a. Violations by the AGENCY of the Terms and Conditions of the Contract;b. Failure of the AGENCY to comply with the provision of RA 5487 as amended,PD 442, as amended and other related laws;c. Violation of the AGENCY to comply of the provision of the Special OperatingProcedures (SOP) on Blue Guards;d. Discovery of any fraud, falsification, in any of the documents submitted duringthe eligibility check by the AGENCY.XXXXVII.ENTIRETY CLAUSE1. The Security Services Contract to be assigned by both parties shall be understoodto contain all the agreements between the parties and all bid documentsconsidered as integral part of the contract.2. No alterations, amendments, and/or modifications to the Contract shall beconsidered valid unless agreed upon by both parties contained in a dulynotarized document.XXXXVIII . VENUE OF ACTIONSLegal actions arising out of or relating to this Contract shall be filed with any of thecompetent courts of Quezon City, Philippines.The NATIONAL FOOD AUTHORITY reserves the right to accept or reject any orall bids, to waive any formalities or defects found therein and to annul the bidding processand reject all bids prior to contract award, without thereby incurring any liability to theeffective bidder/s and to accept only bid or bids most advantageous to the government.Recommending Approval:THE TECHNICAL WORKING GROUP149

JULIE D. BUENOEconomist IV, MemberLORNA M. SANTIAGOBudget Officer III, MemberCATALINA D. JAYLOSupvg. EIO, ChairmanTHE NFA REGION V BIDS AND AWARDS COMMITTEEJOSE DANILO V. NIEVES EDNA R. DE GUZMAN ELISEO B. CALIWAGProvincial Manager/Member Provincial Manager/Member Provincial Manager/MemberOSCAR SG. TUBALINAL, MNSAProvincial Manager/MemberEDEN E. REDILLASProvincial Manager/MemberYOLANDA R. NAVARRO, Ph.DProvincial Manager/Vice-ChairpersonRENATO Y. SANEDRIN, MNSAAsst. Regional Manager/Chairman, RBACAPPROVED:ALAN B. BORJARegional Manager/Head of Procuring Entity (HOPE)SECURITY MANAGEMENT PLANFOR NFA REGION VTABLE OF CONTENTSI. REFERENCE/AUTHORITYII.III.IV.SITUATIONA. BACKGROUNDB. PEACE AND ORDER SITUATIONMISSIONEXECUTION150

A. CONCEPT OF OPERATIONS:1. Before the Occurrence of Calamity2. During the Occurrence of Calamity3. After the Occurrence of CalamityB. TASKINGS1. OFFICE AND PERSONNEL1.1 Provincial Offices1.2 Security Services Section1.3 Administrative Section1.4 Operation Section1.5 Finance and Budget Section1.6 Public Affairs Section1.7 Security Service Providers2. QUALIFICATIONS OF SECURITY GUARDS3. PRESCRIBED UNIFORMS4. DUTIES AND RESPONSIBILITIES OF SECURITY GUARDS.5. COMPOSITION AND DISPOSITION OF GUARDS6. FIREARMS AND AMMUNITIONS7. VEHICLES REQUIREMENTS8. COMMUNICATIONS EQUIPMENT9. REPORTING SYSTEM10. CONTINGENCY/EMERGENCY PLAN11. CONTROL AND DISCIPLINARY MEASURES12. PAYMENT TO SECURITY GUARDS13. TRANSITION PLANV. COORDINATING INSTRUCTIONSA. SECURITY CONTROL MEASURESVI. INVENTORY OF NFA PERSONNEL, PROPERTIES, FACILITIES, WAREHOUSES, MOTORVEHICLES AND EQUIPMENT.VII. COMMAND AND SIGNALSECURITY MANAGEMENT PLANFOR NFA REGION VI. REFERENCE/AUTHORITY1. Presidential Decree No. 4 dated September 26, 1972 creating the National GrainsAuthority, as amended2. Presidential Decree No. 1770 dated January 14, 1981 transforming the NGA into theNational Food Authority3. P.D. 14854. Other laws, circulars, SOPs and Rules and Regulations pertinent to the grains industry5. RA 5487-An Act of Regulate the Organization and Operation of Private Detective,Watchmen or Security Guards Agencies, as amended by PD 100 and PD 19194. Private Security Guard ManualII.SITUATION151

A. BACKGROUNDThis Security Management Plan is conceived to ensure the optimum protection of NFA’sinstallations/premises, facilities, properties and human resources, free from any securitythreats and force majeure.The National Food Authority is the government agency mandated to ensure foodsecurity and stabilization of staple cereal supply and prices in times and places ofnatural or man-made calamity/emergency. Accordingly, it shall be at the forefront inproviding excellent needed services to the grains marketing industry towards globalcompetitiveness.Considering that NFA is a vital installation, ensuring its maximum protection againstlawless elements such as theft, hold-up, fire etc. is a primordial concern to prevent lossof lives of employees and NFA stocks and properties.At the regional level, the seat of the NFA Regional Office is located at Pier Site, LegazpiCity. Region V (Bicol) is composed of six (6) provinces, one chartered city, six componentcities, 107 municipalities, and 3,471 barangays with 15 congressional districts and issituated at the southernmost tip of the Luzon landmass. It is rich in natural resourcesand inhabited by hospitable, smiling and fun-loving people with a total land area ofroughly 17,632.5 square kilometers or 5.9 percent of the country’s total land area.The region is politically subdivided into six (6) provinces:1. ALBAY is located in the center of the region, the home of the world famouscone-shape Mt. Mayon Volcano. Albay is the hub of the region’s importationactivities which makes it too the center of dispersal and distribution operations.Thus, the state of its facilities is also a determinant in the calamity-mitigationefforts of the entire NFA network.NFA Albay maintains warehouses at Tabaco City, Legazpi City, Ligao City, andLibon. In Tabaco, there are two (2) NFA-owned facilities, and three (3) leasedwarehouses. In Legazpi, a lone NFA-owned warehouse and reinforced by one(1) leased facility. Ligao has one (1) leased warehouse aside from one NFAownedwhile Libon maintains a sort of a complex.2. CAMARINES NORTE is located in the northernmost part of the region, whosecapital town is Daet. It is composed of twelve (12) municipalities, 282 barangayswith two (2) congressional districts and is adjoining the province of CamarinesSur.3. CAMARINES SUR is at the center of Bicol peninsula and surrounded on all sidesby rich agricultural, forest and fishing areas. Naga City, in the province of Cam.Sur, is host to Colegio de Sta. Isabel, the first known normal school for girls inthe orient.Camarines Sur is composed of two (2) cities, thirty five (35) municipalities withfive (5) congressional districts. The NFA Provincial Office compound whichnestled in an area of 26,897 square meters is located at Barangay Palestina,Naga City.4. CATANDUANES - is an island paradise in the Pacific. The province ofCatanduanes is composed of eleven (11) municipalities with total land area of1,511.5 square kilometer. Virac is the capital town where the NFA provincialoffice compound is located. Within the 19,170 square meters lot NFA P.O.compound are the GID I and GID II warehouses, a multi-purpose building, staffhouse, supply / property room, records room, motorpool, powerhouse and theguard house. A 10,000 bags capacity JICA warehouse is located in themunicipality of Pandan at the northernmost part of the province at least 110kilometers away from the NFA provincial office. The NFA compound is securedwith a concrete perimeter fence; while that of the 2,000 square meters lot inPandan is surrounded with concrete and cyclone wire.152

5. MASBATE is composed of one wedge-shape mainland, two major islands and 14small islets. It is known for its mining and cattle industry. Rodeo Masbateno isthe province’s yearly event that emulates the rough and favorite sport of theWest.6. SORSOGON is known for its historic and panoramic places, sheltering assanctuary to the world’s largest fish - the whale shark locally known asButanding. It is the gateway of Luzon to Visayas and Mindanao through its rollon,roll-off ferry terminal at the municipality of Matnog and Bulan. The NFAProvincial Office is located at Barangay Cabid-an, Sorsogon City and is about 3kilometers away from the City proper.B. PEACE AND ORDER SITUATIONOn Criminality, simple theft and snatching are the common operandi of the criminalelements against ordinary citizen. However, this problem on uptrend of theft andsnatching incidents is currently being addressed with the active coordination of theLocal Government Units (LGUs) and Barangay Police Action Teams (BPATS) through thejoint conduct of checkpoints/chokepoints.In addition, sustained police patrols and intelligence build-up is vigorously undertakenalong with the implementation of Police Integrated Patrol System (PIPS) to reduce streetcrimes and other offenses perpetrated with the use of firearms and motorcycle riding intandem suspects. Hence, the continuous police operations in the field to pursuesuspected criminal elements resulted to the decrease on index crimes in the region.On Insurgency/Local Terrorists, as per report from the Regional Intelligence Division ofthe Philippine National Police Regional Office 5, there was no major localterrorists/insurgency perpetrated atrocity happened during the period January to March15 of the current year. However, their liquidation activity took toll on the helpless softtargets. Nevertheless, sustained combat operations by the PNP and AFP prevented theLTs from gaining grounds in combat and the continuous conduct of Civic-MilitaryOperations (CMO) by government troops in LT affected areas hinder their expansionplan.III.MISSIONThis Security Management Plan of the NFA Regional Office No. 5 seeks to establish and effectan efficient pro-active security measures to ensure that NFA facilities, properties/equipmentare safe and free from any form of security threats and force majeure; and provide 24/7 securityof installations/facilities, more particularly in times of disasters and emergencies, whethernatural or man-made calamities.IV.EXECUTIONTo ensure a fully secure and well-protected NFA installations, this Security Management Plancovers all facets of Physical Security to include personnel, vehicles, logistics, post-harvestfacilities and properties in all NFA installations and other relevant aspects pertaining to the totalsecurity, peace and order in the Regional/Provincial Offices and facilities of the National FoodAuthority throughout the Bicol region.A. CONCEPT OF OPERATIONS:The Regional Director thru the Assistant Regional Director and the Security Services andInvestigation Section (Supervising Enforcement and Investigation Officer) will coordinateclosely with the Provincial Managers and the Provincial Enforcement and InvestigationOfficers (SEIOs) in initiating the strict adherence to this Security Management Plan toensure the safety and security of all NFA facilities, physical assets and personnelthroughout the region.153

CCTV Camera were likewise installed in the NFA Regional and Provincial offices in Albay,Camarines Norte, Camarines Sur, Catanduanes and Sorsogon for proper monitoring and toensure the safety and security of all NFA facilities, physical assets and personnel in theregion.Proper coordination with the local Philippine National Police (PNP) to be undertaken formonitoring and uniformed personnel visibility in all NFA installations.1. Before the Occurrence of Calamitya. Prepare catalogue of calamity that have occurred in the area fully documentedhistorically to show (1) frequency of occurrence, (2) magnitude of effect, and (3)projected effect to NFA personnel and property.b. The Provincial Manager thru the Administrative Section shall firm up the personnelassignment to man the Operation Center (OPCEN) in the province on a 24 hour/dayalert standby once there is a typhoon signal or forecast on weather disturbance.c. The Operations Section and the Sr. Enforcement & Investigation Officer to closelycoordinate with the Provincial Disaster Risk Reduction Management Office.d. The Operation section in coordination with the Technical Services section mustensure that all warehouse stocks whenever there be outside piling of stocks must beproperly covered with tarpaulin and tied with nylon. SEIO shall coordinate with thecontracted private security guard to be in alert, inspect and ensure that all NFAproperties and facilities are protected.e. Following the standards set by safety and hazards agencies, put in place readinessdevices like signs, notices, equipment accordingly and establish priority codes forareas and properties as guide in evacuation procedures.f. Calamities such as flood, earthquake, fire, typhoon, and other natural calamities areunpredictable, strict adherence to the basic security measures to ensure safety of allNFA personnel, properties and facilities should always be the top priority. Orient allpersonnel in the measures adopted, and conduct specialized training to securityguards deployed by the contracted PSA. Prior training and planning and othermeasures are necessary to counter such as emergency situations.g. Prepare NFA facilities and equipment that may be needed (generator, rechargeablelamps, flashlights, communication and transport facilities)2. During the Occurrence of Calamitya. Station all Security Guards in pre-arranged and designated areas and locale thatallows for comprehensive observation as well as access to points of ingress andegress. Vigilance, alertness and readiness at all times in the conduct of their dailyroutine in all NFA installations.b. Check if NFA stocks and properties are in safe conditions. Ensures that all windows,openings, exits of the RO/PO and warehouses are properly locked.c. Patrol NFA premises / areas of concern, inspection of properties and premisessusceptible to ongoing calamity. Require, when possible, regular reporting ofSecurity Guards on the status of areas being secured.d. Periodic coordination with the guards on duty at the P.O. compound and at all NFAinstallations within the area of responsibility in the province and in the region as awhole. Maintain open communication lines for monitoring and updates3. After the Occurrence of Calamitya. Conduct ocular inspection of NFA stocks & properties and prepare report on extentof effect/damage to person and property based on standard operating proceduresprepared;154

. Immediately identify families exposed to theft and pilferage, manpower needed tosecure the area.c. Record and put into writing observations / findings of all events particularly loss ordamage to NFA properties in their respective AOR to NFA Security Personnel /Management for proper disposition.B. TASKINGSI. OFFICE AND PERSONNELI.1. Provincial OfficesThe NFA Region V Provincial Offices thru the Provincial Enforcement andInvestigation Officers (SEIOs) shall execute and implement this SecurityManagement Plan in the entire province to ensure total safety and security ofNFA properties, facilities and personnel. Wearing of Employees ID is a mustwhile inside the NFA Compound.I.2. Security Services SectionThe Regional/Provincial Enforcement and Investigation Officers (R/PEIOs) shallensure that the provisions of this Security Management Plan shall be strictlycomplied by the contracted Private Security Agencies (PSAs). As such, theRegional/Provincial EIO shall implement and monitor the efficient securitymeasures to protect NFA personnel and properties and shall directly inspect andsupervise the security operations being conducted by the contracted PSA.Likewise, the R/PEIO shall also be responsible for the conduct of study,assessment and survey relative to the over-all security situation in theirrespective area of jurisdiction.I.3. Administrative SectionProvides administrative support i.e. supplies, materials, equipment and motorvehicles relative to security measures in the regional and provincial offices inRegion V.I.4. Operation SectionAssists the Security Services Section in the implementation of the SecurityManagement Plan of the NFA Region V.I.5. Finance and Budget SectionRecords and analyzes transactions relative to security services matters andallocating funds thereof and ensures prompt and timely release of payments forsecurity services rendered.I.6. Public Affairs SectionFormulates and implements an effective and efficient information programthrough mass media (print, radio and television) to achieve greater awarenesson the Agency’s security and preparedness plans and programs.I.7. Security Service ProvidersThe Contracted PSAs shall conduct security operations at their designated areaof jurisdiction on a 24/7 basis in all NFA installations in the region including NFAemployees, properties, facilities etc. The tour of Security Guards shall be dividedinto three (3) shifts for a maximum of eight (8) hours per shift:1 st shift 2 nd shift 3 rd shift0700 - 1500 hrs 1500 - 2300 hrs 2300 - 0700 hrs155

2. QUALIFICATIONS OF SECURITY GUARDS2.1 Must be a Filipino citizen2.2 Must be at least high school graduate2.3 At least twenty one (21) years of age but not more than fifty-five (55) years old2.4 At least 5’4” tall with medium built2.5 Must be physically and mentally fit (medical certificate attached), as indicated inthe neuro-psychiatric clearance from PNP and DOH-accredited institution andconfirmed by a physician of the Corporation.2.6 Of good moral character and cleared by law enforcement or police agencies andother government offices issuing clearances for employment and withoutprevious record of any conviction by final judgment of a criminal offense involvingmoral turpitude. Must possess honorable discharge documents, if with militarybackground. Copies of clearances shall be furnished the NFA as maybe necessary.2.7 Possesses good public relations or should know proper decorum as stated inthe Code of Ethics.2.8 Licensed to carry firearms and properly screened and cleared by the PNP, NBI andother concerned government offices for this purpose. Copies of such clearancesto be furnished to the NFA upon deployment.2.9 Must be a holder of a Certificate of Training for Security Guards and otherrequirements of RA 5487 as amended.2.10 Holder of a Security guard’s license from the PNP-SOSIA and valid for at least one(1) year, from date of posting and must be able to file an application for renewalof his license, so that immediately when his license expires, the renewal shall havebeen already approved and issued to him.2.11 Trained in handling firearms as evidenced by certificate of training/sattended in accordance with the requirements prescribed by the PNP-SAGSD.2.12 In prescribed uniform and armed with a shotgun, pistol and/or revolver withfirearms license and sufficient ammunition at all times during his tour of duty.2.13 Capable of assimilating written and/or oral instructions in English and Filipino andcan render intelligible reports.2.14 Must maintain good grooming, preferably military haircut.2.15 Must be knowledgeable of the Eleven (11) General Orders.3. PRESCRIBED UNIFORMSThe contracted PSA shall provide all security guards with a complete set of prescribeduniform which shall be as follows:3.1 Pershing Cap with Security Seal3.2 White Short-Sleeved Polo with the following paraphernalia:a. PADPAO patchb. Agency patchc. Two (2) shoulder boardsd. Security guard badgee. Name and agency clothf. Lanyard and whistleg. Identification card (ID)h. Two (2) collar pinsi. Blue necktie with clip3.3 Blue Pants and preferably blue skirt for Lady Guard3.4 Security belt/buckle with medical kit, flashlight, holster, handcuffs, nightsticketc.3.5 Preferably Charol shoes with black socks.Note: The Security Guards, on special occasions, may be required to wear White Long-Sleeved Polo with the above paraphernalia, upon prior instruction from the NFARegional/Provincial Management4. DUTIES AND RESPONSIBILITIES OF SECURITY GUARDS.4.1 General : The Eleven (11) General Orders shall be the cardinal precepts of theSecurity guards securing employees and equipment/facilities in all installations in156

the region of the agency. Adoption of the same shall be made to address thepeculiarities of security measures during periods of calamity.a. Security Supervisor - The Security Supervisor is responsible for adequatephysical inventory and personnel security of the NFA under the SecurityServices Contract . The Security Supervisor’s primary concern is the mostefficient utilization of resources (manpower and equipment), discipline andalertness of all Security Guards and strict implementation of NFA’s rules andregulations. He shall not be included in the total number of SGs posted andshall act as overseer of all the SGs deployed in all NFA installations.The Security Supervisor’s duties and responsibilities are:a.1 Directs and controls detachment operations in accordance with theSecurity Services Contracta.2 Maintains constant consultation, coordination and cooperation with theNFA management on security matters. Sees to it that all Security Guardsunder him are:a.3 Alert and prepared while on duty;a.4 Ascertains compliance to NFA rules and regulations relevant tosecurity operations;a.5 Presentable attire and bearing;a.6 Prompt and polite in responding to NFA’s request or assistance;a.7 Meticulous in accounting on property under his responsibilities;a.9 Honest and loyal in the discharge of his duties.a.10 Careful in the use and/or handling of equipment especially firearms.a.11 All Security Guards on duty must diligently implement NFA’s rules andregulations and any violation must be properly reported.a.12 Demands proficient job performance and discipline from all members ofthe detachment.a.13 Reviews periodically detachment operations and administrative problemsto identify solution thereto.a.14 Implements NFA’s policies, procedures, directive and/or instructions.a.15 Submits required reports on time.b. Shift-in-Chargeb.1 Takes over the detachment in the absence of the Detachment Commanderand acts as administrative and personnel officer of the detachment.b.2 Conducts investigation of all cases of pilferage inside NFA’s installationthat affect the security operation or as directed by the NFA SecurityOfficers and assists in the filing of cases in the proper Court.b.3 Reports ahead of time of his tour of duty to familiarize himself withadditional new instructions from NFA.b.4 Conducts pre-posting formation of incoming Security Guards prior torelieving time. Conducts troop inspection to determine completeness ofuniform including cleanliness and paraphernalia, well-shined shoes andsporting the prescribed haircut. Continues giving training of all SecurityGuards on human and public relations, courtesy and discipline.b.5 Acts as intelligence operative of the security detachmentb.6 Checks the logbook entry of the outgoing guards to ensure that allinstructions are properly turned-over to the incoming guards. Entries onthe logbook prior to relief of the outgoing guards should also becountersigned by the incoming guards.b.7 Conducts post to post deployment of guards and to report immediatelyany observations/abnormalities being observed.b.8 Transfers his duties/responsibilities to include the turn-over of equipmentto the incoming SIC upon his relief from duty.b.9 Supervises gate guards during entry/exit of NFA employees/job ordersand visitors.c. Licensed Security Guards157

c.1 Lists clients/NFA properties especially valuables/portable items which arein his area of responsibility as an inventory reference.c.2 Conducts inspection of areas of responsibility and perimeter fences fordamages, security deficiency/ies, fire hazards and property/ies removalfrom its original location/s.c.3 Prevents/apprehends person/s in restricted area/s whose presence thereatis without authorization.c.4 Records/keeps notes of unusual events and abnormal conditions in his AORprimarily as basis for reports and as a reference of any case beinginvestigated.c.5 Conducts surveillance of restricted areas or unauthorized presence ofpersons and alterations on NFA’s property conditions.c.6 Defends his AOR by incapacitating the enemy/intruder if such action wouldendanger lives of employees of the NFA and/or clients of the NFA.c.7. Signals alarm by activating appropriate signal devices/gadgets to alertpersons concerned when imminent danger or fire is observed.c.8 Initially reports verbally all untoward event/s to the concerned ContractedPSA and to NFA followed by a written report as soon as possible.c.9 In case of unexpected fire occurrence in his AOR, the concerned SG mustrespond immediately by operating the fire extinguisher to the affected areaupon discovery of fire4.2 Specifica. Gate & Building Guarda.1 Before the turn over of responsibility, the incoming and outgoing SGsshould conduct a thorough inspection of the building with extraordinaryattention to all movable NFA properties, office equipment,communication system, fire-fighting equipment, etc.a.2 After inspection, incoming SG checks the service firearm if in goodworking order, then accepts responsibilities by signing on the logbookindicating therein the exact time and date of post turnover.a.3 Conducts periodic inspections of assigned areas as often as necessary,ensure that no room or quarter shall allow ingress, records hisobservations and report the same.a.4 Investigates immediately any unusual odor, smoke or gas.a.5 Greets with respect all visitors and employees and salute NFAexecutives and VIPs. Always ensures free and smooth flow of vehiclesand persons in entrance and exit points.a.6 Maintains visitor’s registry book and issues Visitor’s pass and requiresvisitors possessing firearm to deposit the same unless officiallynecessary.a.7 Requires Pass-Out slip from employees leaving the building during officehours.a.8 Submits written reports of any unusual incident to superiors.a.9 Checks all items, materials, equipment and stocks being brought in andout and allows none of these to leave the premises unless accompaniedwith the necessary documents or authorized “gate pass”.a.10 Checks and registers vehicles (where it is applicable) in the vehiclelogbook indicating the plate number, name of driver and the time ofarrival and departure.a.11 Protects lives of NFA personnel against danger and continuouslymonitor the state of the building as to its integrity in terms of structure(walls, windows, doors, roof) and shall regularly report the same to thecommand post of the province.a.l2 Never allow unauthorized persons to standby in the guardhouse.Likewise, drunk or highly intoxicated visitors must not be allowed entryinto the NFA premises.a.13 He must know and be completely familiar with the following:a.13.1 Location of the telephone and the telephone numbers of thenearest fire department, police precincts or militarydetachments and hospitals.158

a.13.2 Location of NFA directorates/offices and the names of NFAdirectors and executives.a.13.3 Location of stairways and emergency exits and where they leadto.a.13.4 Location of fire alarm boxes and emergency fire fightingequipment, and checks if they are serviceable.a.13.5 Location of electrical switches, fuse boxes, power control andshut-off switches for air conditioning and ventilation system.a.13.6 Knows the various stocks and materials stored on differentfloors and on the various sections of the building.a.14 In the application of metal detector and frisking, bags and packagesbrought by persons should be physically inspected to check any hiddenfirearms, bladed weapons and sabotage items brought inside the NFApremises. Guards must be very tactful in performing such.a.15 After office hoursa.15.1 Accounts for all personnel who are still in the office and logproperly their names and time of departure.a.15.2 Checks service flashlight and emergency gas lamps (if any) tomake sure that it is in working order.a.15.3 Turns off all electrical equipments of any kind includingunnecessary lights that have been left running or plugged whichshould have been turned off at quitting time.a.15.4 Checks all doors, windows, cabinets, etc. To make sure they areclosed and locked.a.14.5 Conducts roving inspection especially in critical areas as often aspossible.a.15.6 Remains in his post or area of assignment until properlyrelieved.b. Monitoring and Parking Guardb.1 Be familiar with the current NFA access control system.b.2 Sees to it that all vehicles are properly parked in the designated area. Doesnot allow private vehicles to park at designated parking space for NFAexecutives and personnel vehicles. Maintains record of descriptions andplate numbers of parked vehicles in his AOR.b.3 Be courteous in dealing with guests, visitors, entrants, etc.b.4 Reports or radios superiors in case of unusual incidents at post.b.5 Be alert and observant of the movements of people and against carnappersand robbers.b.6 Always ensures free and smooth flow of vehicles and pedestrian in entranceand exit points.b.7 In the exigency of the nature of the job in the entrance areas and itsmultifarious functions of checking and inspecting entrants going into the NFApremises and buildings, the monitoring guards or those assigned in the rovingarea are instructed to assist the regular guards posted to check/inspectvehicles, NFA cargoes and pedestrians/entrants.b.8 Assists other posts as the need arises.c. Warehouse Guardc.1 Positions himself strategically to get an unobstructed view of thewarehouse and where simultaneously he can check NFA personnel,laborers, visitors and vehicles.c.2 Records the opening and closing time of the warehouse and all thetransactions thereat.c.3 Notes down the time of arrival and departure of personnel and laborers.c.4 Inspects thoroughly but briefly the receipts/issues of cereals and checksthem against the documents presented to him and records thecorresponding entries on the Incoming/Outgoing Logbook.159

c.5 Scrutinizes all documents especially those for stock transfer or issuesand initials WSI/AI as preventive measure against double deliveries.c.6 Carefully observes the movements of laborers for possible pilferagesduring loading and unloading of cargoes.c.7 Witnesses the weighing of incoming and outgoing stocks. Thewarehouse guard may observe the weighing of incoming and outgoingstocks from time to time. However, the retailer or the authorizedhauler shall be responsible in checking the weighing of stocks.c.8 In case of apparent anomalous transactions, requests the personsconcerned to wait awhile and subsequently, verify the same and reportsthe incident to the SG OIC ,if necessary.c.9 Never allow any NFA laborer or personnel to smoke inside thewarehouse.c.10 Implements compliance on rules against gambling, drinking intoxicatingliquor or beverages and other activities which may hamper theoperation.c.11 Checks the security status of the warehouse. Sees to it that nobody isleft inside at closing time. Doors, windows and exits should be closedand properly padlocked.c.12 Checks all possible points of entry and conducts roving inspection withinthe area for any sign of pilferage.c.13 Be on the look out for fire. Knows the location of fire extinguishers andbe sure to know how to use them.c.14 Shall regularly conduct roving inspection of the facility, including theintegrity of perimeter fences and gates and ensures that all perimeterlights are working, and provide temporary lights when necessary.c.15 Remains in his post or area of assignment until properly relieved.5. COMPOSITION AND DISPOSITION OF GUARDSHereunder is the proposed number of Security Guards to be deployed in various NFAinstallations based on the 2013 Security Services Contract to be executed by andbetween NFA Region V and the Security Service Provider/s:A. REGULAR GUARDSProvince Areas of Deployment ActualNo. ofSGsContractRate/Month/GuardBudgetaryRequirementALBAY RO/PO Compound 9 13,533.00 1,339,767.00Tabaco GID Compound 9 13,533.00 1,339,767.00Libon Whse Compound 6 13,533.00 893,178.00Ligao Whse Compound 4 13,533.00 595,452.00Rodima Whse Legazpi 4 13,533.00 595,452.00Rosan Whse Ligao 3 13,533.00 446,589.00SUB-TOTAL 35 5,210,205.00CAM. NORTE P.O. Compound 10 13,533.00 1,488,630.00CMCLI Whse, Daet 4 13,533.00 595,452.00SUB-TOTAL 17 2,084,082.00CAM. SUR P.O. Compound 12 13,533.00 1,786,356.00Santiago Whse Pilil 4 13,533.00 595,452.00Queen Whse Pili 3 13,533.00 446,589.00Tan Whse Pili 3 13,533.00 446,589.00Apollo Whse Pili 3 13,533.00 446,589.00Ong Whse, Iriga 3 13,533.00 446,589.00Isarog Whse, Tigaon 3 13,533.00 446,589.00Bahay Whse, Libmanan 3 13,533.00 446,589.00Benmar Whse Bombon 3 13,533.00 446,589.00Boclod Whse San Jose 3 13,533.00 446,589.00PDC Whse, Ocampo 3 13,533.00 446,589.00160

SUB-TOTAL 43 6,401,109.00CATANDUANES P.O. Compound 7 13,533.00 1,042,041.00JICA Whse, Pandan 3 13,533.00 446,589.00SUB-TOTAL 10 1,488,630.00MASBATE P.O. Compound 7 13,533.00 1,042,041.00Ang Warehouse 3 13,533.00 446,589.00SUB-TOTAL 10 1,488,630.00SORSOGON P.O. Compound 12 13,533.00 1,786,356.00Ching Bee Whse Bulan 3 13,533.00 446,589.00GSAC Whse Gubat 3 13,533.00 446,589.00Juanillo 1 Whse Irosin 3 13,533.00 446,589.00Juanillo 2 Whse Irosin 3 13,533.00 446,589.00SUB-TOTAL 24 3,572,712.00TOTAL FOR REGULAR GUARDSPhp20,245,368.00B. ADDITIONAL POSTING OF GUARDS FOR ADDITIONAL LEASED WAREHOUSEProvince Areas of Deployment ActualNo. ofSGsContractRate/Month/GuardBudgetaryRequirementALBAY Millenium Whse* 4 13,533.00 595,452.00Santiago Whse, Tabaco* 3 13,533.00 446,589.00Jamestown 1 Whse 3 13,533.00 446,589.00Tabaco*Demetriou 1 Whse 3 13,533.00 446,589.00Tabaco*SUB-TOTAL 13 1,935,219.00* Expired lease contract and terminated security services. Number of security guardsindicated hereon based on projected utilization of leased warehouse in anticipationof the expected arrival of imported rice.C. ADDITIONAL POSTING OF GUARDS FOR BUYING STATIONSProvince Areas of Deployment ActualNo. ofSGsCAM. NORTE Sn. Vicente LGUWhse**MASBATE Cabitan BuyingStation**Bon-oco BuyingContractRate/Month/GuardBudgetaryRequirement3 13,533.00 324,792.003 13,533.00 324,792.003 13,533.00 324,792.00Station**TOTAL 9 974,376.00** For probable utilization during procurement season or for eight (8) months periodonly.D. POSTING OF ADDITIONAL GUARDS FOR SPECIAL EVENTS (LOADING AND UNLOADINGOPERATIONS AND ESCORT IN TABACO, LEGAZPI, MASBATE AND CATANDUANES0Province Areas of Deployment ActualNo. ofSGsContractRate/Month/GuardBudgetaryRequirementALBAY Tabaco/Legazpi Ports* 6 13,533.00 460,122.00CATANDUANES Virac/Pandan Port** 3 13,533.00 230,061.00MASBATE Masbate Port** 3 13,533.00 230,061.00TOTAL 12 920,244.00161

* Computation is based on the expected number of days of deployment of SecurityGuards during unloading operations for the expected arrival of 160,000 bagsimported rice allocated for the region for the year 2013 and loading operations forthe proposed transfer of 299,000 bags rice to Catanduanes and 298,000 bags rice toMasbate.**Deployment of Security Guards for the unloading operations for the proposedtransfer/shipment of 299,000 bags to Catanduanes and 298,000 bags to Masbate forthe year 2013. The guards are expected to render duty for an estimated onehundred seventy (170) days only.The above posting/deployment of additional Security Guards may decrease/increasedepending on the volume of procurement and/or the arrival of imported rice allocatedfor the region. Hence, Private Security Agency/ies are required to maintain a ready poolof reserve Security Guards for immediate deployment in case of additional posting forleased warehouses and also for deployment during loading and unloading operationsand/or to serve as relievers for Security Guards who fail to report for duty in any of theNFA Region V installations.6. FIREARMS AND AMMUNITIONSAll Security Guards deployed in all NFA installations in the region must be equipped witha licensed firearm provided by the Contracted Private Security Agency/ies. All SGsfirearms must be serviceable and licensed with its corresponding ammunitionrequirements. These firearms should be in operational condition and have undergonethorough inspections by firearm experts and test-fired for posting.PostNo. ofSGsPistol9mmFirearms and AmmunitionsAmmos Rev. Ammos ShotguCal.38nAmmosAlbay 54 4 36 12 120 3 54Camarines Norte 17 1 9 2 20 2 36Camarines Sur 43 2 18 12 120 5 90Catanduanes 13 1 9 1 10 3 54Masbate 19 1 9 3 30 3 54Sorsogon 24 1 9 5 50 3 54GRAND TOTAL 170 10 90 35 350 19 342The above firearms requirements may still increase depending on the number ofdeployment for additional leased warehouses and deployment for loading andunloading and/or port operations.7. VEHICLES REQUIREMENTSTo ensure unhampered security operational requirement, the contracted PSA shallassign a service vehicle to selected NFA installations. This vehicle shall be used by thePSA’s Branch Operations Officer and Area Inspector to conduct regular inspections andsecurity audit in its area of responsibility.PostVehicle Requirement4 Wheel MotorcycleAlbay 1 3Camarines Norte 1Camarines Sur 1 1Catanduanes 2Masbate 2Sorsogon 1 1TOTAL 3 10162

8. COMMUNICATIONS EQUIPMENTA reliable communication network plays an important factor to meet the challenges ofan efficient security management. A swift link between the Detachment to the fieldforce and vice-versa is necessary to counteract any emergency/ies. Consequently, anopen line communication (24/7) fosters goodwill and pleasant working between thecontracted PSA and the NFA.PostCommunication EquipmentBase HH Radio Charger CCTV CPAlbay 2 19 19 2 11Camarines Norte 1 7 7 1 3Camarines Sur 1 7 7 1 15Catanduanes 3 3 1 4Masbate 4 4 1 5Sorsogon 1 6 6 1 6TOTAL 5 46 46 7 44Other security gears such as metal detector, handcuff, teargas canister, flashlight,whistle, nightstick, traffic vest, traffic gloves, raincoat, rainboots, medical pouch,umbrella and others shall be provided by the PSAs to all the Security Guards deployed inall NFA installations.ALB CNO CSU CTD MBT SSG TOTAL1 No. of Security Guards 54 17 43 13 19 24 1702 No. of Security/OfficeEquipmentMetal Detector 4 1 1 1 1 1 9Underchassis Mirror 2 1 2 1 1 1 8Traffic Vest 4 1 2 2 2 2 13Traffic Gloves 4 1 2 2 2 2 13Traffic Warning Light 1 1 1 1 4Flashlight 54 17 43 13 19 24 170Night Stick 54 17 43 13 19 24 170Whistle 54 17 43 13 19 24 170First Aid Kit 54 17 43 13 19 24 170Handcuffs 54 17 43 13 19 24 170Teargas Canister 54 17 43 13 19 24 170Logbooks (100 pages)* 48 18 46 18 21 25 176Emergency Light 10 2 11 2 2 5 32Big Umbrellas 18 5 16 5 7 8 59Rain Coats 54 17 43 13 19 24 170Rain Boots 54 17 43 13 19 24 1709. REPORTING SYSTEMThe following reports are required from the Contracted Private Security Agency such asMonthly Deployment Update, Duty Detail Order, Monthly Security Assessment Reportand a periodic report relative to the performance and/or breach of norms of conduct bySecurity Guards deployed in the different NFA installations.In the event of occurrence of pilferage, theft or loss of NFA stocks and properties or anyother incident that may arise, the Detachment Commander or Head Guard or the OICSecurity Guard must record and submit the following reports whenever possible duringthe occurrence and not later that eight (8) hours after the incident to the NFA RegionalDirector/Provincial Manager/SEIO where the incident happen.a. Logbook163

The SG on duty shall record on the logbook all information, incidents andchronological statement of events that transpired during his shift. A securitylogbook shall be maintained and updated per installation.b. Spot ReportIt shall detail the basic 5 Ws and contributing factors to the effects of thecalamity to the properties of the agency. For each incident or occurrence withinthe area of operation/jurisdiction, the SG on duty shall prepare and submit a“spot report” to his immediate supervisor. In the preparation of spot report,the SG concerned should be guided by the cardinal principles of concise reportwriting that is, the following questions should be answered precisely:b.1 WHAT is the nature of the incident?b.2 WHO are the person involved?b.3 WHERE did the incident happen?b.4 WHEN was the precise time and date of occurrence?b.5 WHY and HOW did it happen?cFollow-up ReportIn addition to the sport report, a follow-up report shall be submittedperiodically during the progress of the case until same is considered close. Theconcluding fact shall be stated in the last follow-up report.d. Daily Accomplishment ReportA daily accomplishment report shall be submitted by the Security Guard to theSecurity Officer/his immediate supervisor at the end of his shift or tour of duty.This report shall contain a summary of important events recorded in the SG’slogbook, a statement of all incoming and outgoing materials, equipment, stocks,SG’s observations and recommendations.10. CONTINGENCY/EMERGENCY PLANEvery NFA Regional/Provincial Office shall have a ready/available Contingency Plan forimmediate implementation, as the need arises.The NFA together with the Contracted Private Security Agency/ies shall implement anexisting Crisis Management Plan to ensure effective and timely response to anyeventuality that may arise and to counter attack any threat to NFA interests.This Contingency/Emergency Plan shall cover all aspects of Security and Safetycompliance policies, but not limited to the following:a. Bombing & Bomb threatsb. Robbery/Hold-upc. Infiltration/Raidd. Mass Actions/Strikes and Demonstrationse. Earthquakef. Fireg. Typhoon and Floodh. Volcanic EruptionsA. BOMBING AND BOMB THREATSPeople caught unaware of any terrorist attack are always victims of instantcasualties and those who survive are traumatized because of its horrible anddevastating effects. However, such terrorist attack could be prevented throughproper intelligence and advance planning. Under these circumstances,precautionary measures and instructions should be properly communicated toNFA employees and to be observed during such incident. It must be pointed out164

that a well-defined security plan, chain of command, policies and procedures,etc. shall render terrorist’s attempts less chance to materialize any attack.Hence, this plan should be prescribed for the neutralization of attacks orthreats, keeping in mind the resources available and the immediate crisisresponse from security force.1. Bombing - is the use of explosive in hi-tech form with the purpose of killingtargeted personality or destruction of lives and property.a. All bags, boxes and containers should pass thorough inspection beforebeing allowed to enter establishment being guarded.b. Should a guard notice any individual leaving behind a bag, box, orcontainer, he should first call the attention of the person reminding himof the particular object left behind. If the person will retrieve thearticles, no doubt it is safe. However, if the person who was notified,instead leaves in a hurry, the item left could be something else. In thiscase, the guard may notify the nearest police station. Meanwhile, noperson should be allowed to get near the object. Should the guardprefer to see for himself the contents of the bag or container, and abomb is discovered, he should wait for a qualified bomb disposal expertto defuse the explosive.2. Bomb Threats - Terrorists usually carry out their bomb threats through media,telephone and other means. Prank calls to establishments regardingplanted bombs are most often 95% hoax. The following actions should beobserved once a telephone threat is received, keeping the caller on line.a. Ensure the threat is taken seriously, and as much as possible, keep thecaller on line and request for the exact location of the bomb and time ofits explosionb. Record the exact time of telephone conversationc. Note peculiar characteristics of the caller’s voiced. Notify a NFA Officer, the nearest police station, medical authorities andif possible direct to the Explosives Ordinance Disposal Unit either of theAFP or the PNP, and also the Fire Protection Bureau or the nearest FireDepartment.e. If the threat is received during office hours, the whole area can besearched by the employees themselves and may report the threats tothe police authorities.f. When a suspicious object is found, the object should not be touchedexcept by those specifically trained in bomb disposal and the placeshould be evacuated at least 100 meters distance including those inother floors of the building if the building is multi-storeyg. Removal and defusing of explosive device should be done only by abomb disposal expert.3. Written Threats - While written threats are usually associated with generalizedthreats and extortion attempts, a written warning of a specific device mayoccasionally be received. It should never be ignored.a. Save all materials, including any envelop or container. Once themessage is recognized as a bomb threat, further unnecessary handlingshould be avoided. Every possible effort must be made to retainevidence, such as fingerprints, handwriting or typewritten, paper andpostal marks which are essential to tracing the threat and identifyingthe writer.b. With the suspicion that terrorists are employing biological warfare inmailed form, all packages, letters, etc. received and addressed to thecompany, particularly those coming from private individual ororganization of foreign countries which NFA has no legitimatetransaction, must be opened immediately without thorough inspectionto avoid possible contamination of the disease used. Should there be165

such items, they should be reported immediately to the NFA prior toforwarding the same to the Department of Health for furtherexamination.B. ROBBERY AND HOLD-UPIn any eventuality covering man-made disasters like theft, robbery and/or holdup,intelligence and investigation of these nature play a vital role in the security ofNFA establishments and personnel. Contracted Private Security Agencies shouldconduct intensified intelligence gathering and any information to forestallperpetration or attempt to take NFA assets/properties and same should bereported immediately to NFA Official concerned or police/military establishmentsthru their respective superior officers in the area.In addition to Memorandum No. AO-2K8-J-020 dated October 9, 2008 issued bythen NFA Administrator Jessup P. Navarro to strictly comply with the “Procedureto be Adopted in Handling Cases of theft, robbery and Other similar IncidentsOccurring in NFIA Offices, Warehouses and Similar Facilities with Annexes A, B andC, the following guidelines are hereby issued for the information and guidanceespecially the Security Guards deployed in all NFA installations in the region.1. Taking the Initial Reporta. SGs who take the initial report must get information from the caller orinformanta.1 Identity of the caller or informanta.2 Location of the complainant/witnessa.3 Secure essential information - ask whether it is robbery, theft orwhatever. The location at which the crime occurred must be specificsuch that security personnel can respond directly to the crime scenewithout wasting time.a.4 What is the basis of the report? (Get the 5Ws and 1H)a.5 All these information (5Ws and 1H) must be relayed immediately to theSG’s immediate supervisor and to the NFA Security officer or to thepolice attending the crime scene.a.6 Can the caller/informant describe the suspect in detail? Where did thesuspect go after the event? Where are the stolen items?2. Arriving at the Scenea. The Security officer who responds to the crime scene must not rely onthe information provided by the caller or informant. The person whoreports the crime might be mistaken or might be lying. The SG needs tocountercheck the information.b. The responding SG must be prepared of the possibility that the crime isstill in progress; hence, must be ready to defend against being attacked.He must be accompanied by a back-up assistance.c. The culprit might still be at the crime scene and had no time to flee ortrapped by the responding SGs.d. If the criminal had fled and there is no imminent danger, the investigationof the crime begins.e. Immediately conduct a visual sweep of the crime scene. Note 3 things: 1.General arrangement of the scene; 2. The people present; and 3. Therelative positions of all the object at the scene.f. If the scene is outdoor, the officer should note the entrances to and exitsfrom the area. (How did the criminal get here? Where did he pass to flee?)3. The Investigation Proper - The investigation of the crime should be inaccordance with Memorandum No. AO-2K8-J-020 or the Procedure to beAdopted in Handling Cases of Theft, Robbery and Other similar IncidentsOccurring in NFA Offices, Warehouses and Similar Facilities.166

Incidental expenses incurred in the course of conduct of inventory taking ofstocks specifically handling and hauling in the course of re-piling and/ortransfer of stocks to other warehouse/s to determine the actual loss ofstocks and other consequential expenses incurred shall be at the expense ofthe Contracted PSA.C. INFILTRATION/RAIDIn order to forestall any attempt of infiltration/raid by leftist and secessionistgroups to NFA installations and facilities, Contracted Private Security Agenciesare hereby directed to institute tight security measures and employ extensivecovert and overt operations inside NFA installations in order to maintain thesafety of its personnel and safeguard its properties and stocks. SGs deployed inthe different NFA installations and facilities should likewise be vigilant andinvestigate suspected persons illegally operating within the NFA premises and toclosely coordinate with all the friendly forces (PNP and other military units) inthe area in order to ask immediate support/assistance in case of attack.Moreover, SGs must likewise be issued specific equipment to be brought withthem aside from the usual FAs in order to combat other incidents occurringinside the NFA installations such as fire, treatment and evacuation of casualties,etc. and to abide by these procedures:1. In the event of raid, a general alarm must be immediately sounded and a prearrangedsignal shall be effected.2. A message requesting assistance from all friendly forces based near the NFAshall be immediately dispatched through fastest means of communicationspecifically through the use of radio transceiver or telephone.3. Security personnel whose assignments are near the area of attack shallimmediately prevent the attacking enemy force and request forreinforcement.4. The NFA Security Officer shall immediately gather all available Securityguards and directs them to proceed to their respective areas to bedefended. Any attack launched by enemy forces must be controlled and theNFA assets must be safeguarded at all cost.5. All employees shall immediately seek cover. If inside the building, those atthe upper floor should go down and take cover at the ground floor so that ifgiven the opportunity to leave the area, they can do so easily.D. MASS ACTIONS/DEMONSTRATIONSSince NFA is a government-owned and controlled corporation with themandates of food security and stabilization of grains supplies and prices andemploys a number of employees, it is sometimes a venue of mass actions anddemonstrations of its employees’ union and the agricultural sector.It is on this basis that this plan is prepared to serve as guide to undertake thenecessary security measures and protect lives and properties should NFA be atarget of mass actions.1. All SGs shall be on stand-by at the designated place preparatory forimmediate deployment should there be groups of unruly members.2. All accesses shall be closed immediately as soon as the demonstratorsmarch towards NFA compound and/installations. SGs must secure allentrance and exit points to all NFA installations3. SGs shall be equipped with truncheon and shield when facing the strikersand should not allow the latter to obstruct the access road or the ingressand egress.4. Fire trucks must be requested and ready for use if necessary.167

5. Maximum tolerance shall be observed; however, should the demonstratorsbecome unruly/hostile, they must be dispersed.E. EARTHQUAKEEarthquake strikes suddenly and people are always caught unaware and panicespecially those caught inside the building. Under these circumstances,precautionary measures and instructions should be disseminated for theemployees to observe and the need to come up with a disaster managementplan in order to cope up with emergency situations.In this particular situation, all SGs deployed in all NFA installations should beguided by the following measures:1. The Security Officer to set alarm while or after the earthquake/tremor hasbeen felt.2. Coordinates with the NFA, Eng’g Team to assess damage and/or presence offire, smoke, ruptures water pipes and other damages, if any, for their properdisposition.3. Cordons and patrols the areas that are under repair and check for anysuspicious activity/ies.4. Prohibits entry of unauthorized persons on area classified as dangerous.5. Responds to escort duties inside and outside the NFA building/s.6. Assesses the situation carefully before recommending clearance to assumenormal situation for everyone.F. FIREPre-planning and training are essential to counter an emergency situation suchas fire. Under these circumstances, swift response and right course of actionshall minimize the danger of losing lives and protecting properties from beingburned.The Security Team and all assigned SGs shall conform with the followingguidelines to safeguard NFA properties in case of fire:1. The Security personnel on duty must locate the nearest fire alert systemand pull down its lever.2. Notifies his Security Officer, then the Fire Department nearest to thelocation.3. In cases when fire is fast progressive, secures the transfers of all importantassets, documents, equipments and supplies to safe area, but must beprovided with adequate Security personnel to cover the area from possibletheft or loss.4. Protects and cordons the area to prevent intruders or looters.5. Enforce personnel identification and control by not allowing unauthorizedpersons and vehicles in the cordoned areas.6. Controls the flow of traffic to avoid clogging and sees to it that the firetrucks are not obstructed and free to get in and out of the fire scene.7. All SGs deployed shall be required to assist in the evacuation proceduresand to ensure order in the process.G. TYPHOON AND FLOODTyphoon is one of the types of disasters that can be predicted at an early stage.Hence, people can obtain warning and make early preparation to minimize itseffect; safeguard lives and properties and stocks on the part of NFA.The following measures shall be strictly implemented by all SGs deployed in allNFA installations and facilities in times of occurrence of typhoons and floods:168

1. Be vigilantly alert and prohibit entries of unauthorized persons within NFApremises.2. Cordons and patrols NFA premises and surrounding areas and check for anysuspicious activities.3. Responds to escort duties4. Makes all necessary coordination with other units and NFA Security Officer.H. VOLCANIC ERUPTIONIn case of volcanic eruption of Mayon Volcano and Bulusan Volcano in Albay andSorsogon respectively, the following measures shall be strictly implemented byall SGs deployed in all NFA installations and facilities in times of occurrence ofsuch:1. Be vigilantly alert and prohibit entries of unauthorized persons within NFApremises.2. Cordons and patrols NFA premises and surrounding areas and check for anysuspicious activities.3. Responds to escort duties4. Makes all necessary coordination with other units and NFA Security Officer.11. CONTROL AND DISCIPLINARY MEASURESTo ensure that the Contracted Private Security Agency strictly adhere to its obligationsunder the terms and conditions of the Security Services Contract and to maintaindiscipline, competence and efficiency of its Security Guards deployed in all NFAinstallations, a Performance Evaluation of the Contracted Private Security Agency and itsSecurity Guards is conducted every quarter. Two (2) consecutive unsatisfactory ratingsof the Contracted PSA and its Security Guards may be a ground for termination of thecontract.Likewise, the PSA and the Security Guards shall be liable to NFA or to any person for anyinjury or damage or loss to property of the NFA within the security coverage. Hence,established disciplinary measures must be reiterated during regular formation of SGsand imposed after the review of events and regular reporting scheme must be set as totime and description of occurrence in areas of duty.In case of misdemeanor, willful neglect, disregard or violations to standard policies andprocedures of Security Guards to NFA policies and the Security Guards’s Code ofConduct, Code of Ethics and the General Orders, the NFA shall have the unconditionalright to require the PSA to replace the concerned security guards with those acceptableto the NFA, recommend for relief or change posting for any reason whatsoever providedsuch recommendation is with justifiable cause.Replacement should be effected within twenty-four hours after receipt of the writtenrecommendation/request by the NFA. In no instance shall replaced Security Guard beredeployed in any NFA installations.All records of offenses/deviations committed by Security Guards is automaticallyrecorded in the Violation Records, while corrective/disciplinary actions are maintainedon each personnel file as references, in case of future deployment of the concernedSecurity Guard.12. PAYMENT TO SECURITY GUARDSThe Contracted PSA shall pay its Security Guards deployed in the different NFAinstallations within its jurisdiction the mandated wage provided in the Contract forSecurity Services executed by and between the NFA and the PSA concerned including allclaims and other compensations including Saturday, Sunday and holidays pay, clothingallowance etc. legally due them169

Likewise, the NFA shall require the Contracted PSA to promptly remit to the properagencies the required premium contributions of the security guards, such as witholdingtaxes on salaries, SSS, Philhealth and PAG-IBIG premiums and to submit to NFA proof ofpayment of remittances.Further, the imprest system of payment according to accepted accounting and auditingrules shall be adopted. Hence, the Contracted PSAs shall submit all the claims forpayment with supporting documentary requirements before they be paid for securityservices rendered.13. TRANSITION PLANTo avoid any disruption of service and to accelerate the learning curve of all partiesinvolved , a smooth transition from one security agency to another is very important.To achieve this, the following must be observed:a. Before Turnover - PSA to PSA1. A prepared detail of such accountability shall be readied prior to the turnoverand discussed with the representative;2. Meeting of Provincial Manager and SEIO on issues and concerns to bediscussed with the incoming Contracted PSA representative re securitymanagement plan, physical resources requirements such as firearms andammunition, communication equipment, vehicles and other security gearsand emphasis on SGs proper grooming, uniform and paraphernalia3. Formation of all incoming PSA security compliment with its OperationsManager, Security Inspections, Detachment Commanders and Admin Officerfor the pre-turnover briefing.4. Immediate dispatch of incoming security personnel of the incoming PSA tovarious NFA installations within the region.5. Verify accountability or the lack thereof with the inspection conductedtogether with security service provider representative;6. Incoming service provider must be familiarized with the extent of theirwould-be-responsibilities;7. Papers of the incoming service providers must be doubly checked to ensurethat the terms of the contracts are complied with, together with state andagency requisites.8. Conduct inspection by incoming PSA/Outgoing PSA of all areas ofjurisdiction including particularly building, facilities and properties withinthe NFA.b. During Turnover1. Outgoing security service provider must be made to receive andacknowledge accountability at the onset of the transfer; and2. Incoming security service provider must acknowledge extent ofaccountability in every area contracted.3. Actual turnover of all necessary items by outgoing agency to incoming PSA.4. Actual inspection of all properties, facilities and physical turnover toincoming PSA of all areas of jurisdiction by outgoing PSA.c. After Turnover1. Immediate inspection shall be made to ensure that personnel are in place;2. Regular monitoring must be conducted to ascertain whether new serviceprovider are capable of meeting the agency standards and requirements.B. Transition Plan (Security Guard to Security Guard)a. Before Turnover170

1. Briefing by outgoing SG to incoming SG of all details on the things to beturned-over.2. The outgoing guards together with the incoming guards must conductthorough inspection of all facilities and equipments in their assigned areaand must have extra ordinary attention to movable NFA properties, officeequipments, communication system, fire-fighting equipment etc.b. During Turnover1. Physical turnover of all items necessary particularly records and logbook forfuture use or references.2. The outgoing guard must sign in the logbook affirming all the entry he madeduring his tour of duty and turn-over his service firearm and otherequipment/paraphernalia including the logbook to the incoming guard.c. After TurnoverIncoming SG must sign his name on the logbook and accepts his responsibilityfrom the outgoing guard and indicate the exact time and date of post turn-over.He must conduct inspection in his area of jurisdiction at least every thirty (30)minutes and make an entry to the logbook of nay observations or incidents thatmay happen during his tour of duty.V. COORDINATING INSTRUCTIONSA. SECURITY CONTROL MEASURESAll Security Guards deployed in all NFA installations in the region must be vigilantly alert,exercise utmost prudence, equipped with SG paraphernalia and effectively dischargetheir duties to avert any untoward incident in your respective area of jurisdiction.In every installation, a logbook (hardbound) shall be maintained where the guard shallrecord in chronological order, the events, information, incidents and other securityrelatedfacts that transpired during his shift.1. SECURITY OFFICE LOGBOOKa. All entries should be clear, legible and comprehensive.b. All entries should be properly supported with details on the facts as to what,who, where, when, why and how.c. All entries should be brief; essential facts are defined.d. All entries should be accurate, as to time and date and person/s involved.e. Complete data of the person/s involved, like telephone numbers and address.The name of the person/s involved should be written in full.f. Detailed description of the scene of crime, and violations committed.2. ACCESS CONTROLa. Gates must be closed at all times. Main gate shall be opened and used forvehicles’ entrance and exit only and the side gate for employees and visitors.b. All entrance and exit points (main gate and entrance to the NFA main officebuilding in the Regional and Provincial Offices) should not be left unmanned bySecurity Guards.c. PNP personnel conducting inspection during office hours shall not be allowedentry inside the NFA compound without prior advice and/or until afterverification from the PNP Provincial Director.d. PNP personnel conducting night inspection shall not be allowed entry into theNFA compound and other NFA installations.171

e. All personnel shall be subject to search by the guards-on-duty before allowedaccess or exit to and from the premises to include their belongings and vehicles.3. PERSONNEL CONTROLa. NFA PersonnelEmployees are required to wear their Employee’s ID before allowed entry intoNFA Facility/Warehouses. IDs should be worn at all times while in the complex.No employee shall be allowed exit during office hours, unless an approved PassOut Slip is presented.b. GuestsAll visitors coming in and going out of the NFA compound must be required toregister on the record book and present a valid ID; monitored and observed ifthey have transactions with the Office and/or for any suspicious movements.These visitors including vendors shall be issued a Visitor’s Pass which must besurrendered when leaving the NFA premises.All bags and baggages of visitors shall be subject for inspection.No visitor shall be allowed entry at any time in areas classified as “restricted”unless with prior written authority from the NFA Provincial Manager.Drunk or highly intoxicated visitors must not be allowed entry into NFApremises.Visitors carrying firearms must be required to deposit their firearms at theguard-on-duty before allowing entry into the NFA premises.c. Suppliers/Contractors/Farmers/RetailersSuppliers and contractors shall be allowed entry into the NFA compound/facilityonly after presentation of Delivery Receipt/Authority and/or proof ofidentification to the Guard-on-duty; access in other areas must be limited.d. LaborersGuards-on-duty must strictly monitor that Laborers adhere to the guidelines setby NFA management pertaining to security and safety compliance and toobserve sanitation in the premises. Uniform/ID should at all times be worn.These laborers must be required to declare on the Gate Pass, details of the toolsand equipment which they bring into the compound, in order for the Guards toeasily monitor the said items during egress at the end of the working day.4. VEHICLE CONTROLa. Vehicles must be searched upon entry and prior to exit. NFA personnelshould submit to all these control procedures.b. Private vehicles without official business transaction with NFA shall not beallowed entry into the NFA premises, especially during Saturdays, Sundays andholidays. Same should not be left by the owner and allowed by the Security Guardsto park inside the compound especially at night.c. The guard-on-duty must strictly record on the log book, the brand, model, platenumber, name of the driver according to the description in his driver’s license allincoming and outgoing vehicles and also take note of those vehicles parked outsidethe NFA premises, especially if same have no business with NFA.172

d. All drivers of incoming vehicles shall be required to surrender their driver’slicense to the guard-on-duty for issuance of a corresponding Visitor’s Pass. Thislicense will only be released upon surrender of the Visitor’s Pass prior to exit.e. Delivery trucks shall be subject to verification and authentication of the DeliveryReceipts and inspection of cargoes or materials for delivery.f. Only incoming/outgoing delivery trucks shall be allowed to park at the loadingand unloading bays of the warehouse/bodega.g. Guards must ensure that parking areas designated for NFA executives andemployees shall be free from vehicles of guests.5. SUPPLIES DELIVERY AND ASSETS CONTROLa. The Gate Guard shall see to it that all deliveries, incoming and outgoing shall besubjected to thorough inspection, and all data recorded in the log book for securityreference/perusal;During procurement operations, Gate/warehouse guard shall record the followingon the logbook:•Name and address of farmer/cooperative representative•Time in/time-out•Vehicle make/type and plate number•Number of bags•Passbook number•Record of the palay delivered/whether accepted or notDuring distribution, gate/warehouse guard shall also record the following on thelogbook:•Name and address of retailer/outlet•Number of bags and variety purchased•Warehouse stock issue (WSI) number•Vehicle make and plate number•Time-out•Check number of bags issued vis-a-vis reflected in the WSI before allowing thevehicle to leave the warehouse compound.For other office operations, the guard-on-duty shall record on the logbook thefollowing:•Description and quantity of cargoes.•Name of delivery personnel/date and time the materials weredelivered.•Details of the delivery truck, like its brand, make , model, etc.b. All supplies, office equipment must not be allowed to be taken out of the Officeunless properly documented and supported by an approved Gate Pass. Gate Pass orauthority to take out office equipment must signed by Regional Director/ProvincialManager.6. OTHER CONTROL MEASURESa. Inspection of all entry access, gates, doors, windows after office hours shall beimplemented.b. The Roving Guard must promptly report any discovery of padlock tampering ofall doors especially in warehouses and unused locked rooms. These must beentered in the logbook report.173

c. Keep handy and/or post in conspicuous place, emergency numbers of police station,fire station and hospitals for easy access in case of emergency.d. Security guards assigned on night shift must answer telephone calls designated foremergency purposes.VI.INVENTORY OF NFA PERSONNEL, PROPERTIES, FACILITIES, WAREHOUSES, MOTOR VEHICLESAND EQUIPMENT.The following are the number of NFA personnel, properties/office structures, owned and leasedwarehouses, post-harvest facilities and motor vehicles covered by this Security ManagementPlan and which is to be under the direct safety and security responsibility of the ContractedPSAs.8.1 Personnel ComplementRegion/ProvinceWarm BodiesLegazpi City R.O. 33Albay 42Camarines Norte 20Camarines Sur 54Catanduanes 22Masbate 24Sorsogon 32TOTAL 227The above number of NFA personnel will be augmented by Commission on Audit fieldpersonnel and NFA Job order personnel.8.2 Office StructuresFloor Area(sq.m)PerimeterDimensionProvinceLocationALBAY1 Prov’l Office (1st Floor) Legazpi City 525 15m x 35m2 Reg’l Office (2nd Floor) - do - 629 17m x 37m3 Staffhouse (3rd Floor) - do - 629 17m x 37m4 Motorpool - do - 210 (7m x 15m)25 TSD Office - do - 43.4 (3.50m x6.20m)26 Property Room - do - 57.82 (3.50m x8.26m)27 Guard House - do - 2 2m x 1m8 Guard House Libon, Albay 8 2m x 4m9 Adm. Office - do - 78 7.5m x 10.4m10 Staffhouse 1 - do - 67 6.09m x 11m11 Staffhouse 2 - do - 67 (7m x 8m) + (2mx 3.5m)12 Powerhouse - do - 40 4m x 10m13 Conference Building - do - 96 8m x 12m14 GID Office Legazpi City 48 6m x 8m15 GID Office Tabaco City 44.8 5.60m x 8m16 Gazebo Legazpi City17 Canteen - do -18 Fitness Room - do -CAMARINES NORTE1 Provincial Office Lag-on, Daet 300 12m x 25m2 GID 1 Office Cam. Norte 48 6m x 8m3 GID 2 Office - do - 375 15m x 25m4 Drier Shed 1 - do - 280 7m x 40m5 Drier Shed 2 - do - 21 3.5m x 6m6 Drier Shed 3 - do - 14.70 3.5m x 4.2m174

7 Staffhouse - do - 69.92 8.13m x 8.60m8 Guardhouse (2) - do - 16.00 3.2m x 5.3m9 Supply Office Room - do - 35.00 5m x 7m10 Conference Hall - do - 70.00 10m x 7m11 Farmers Shed - do - 8.00 2m x 4m12 Garage & Pest Control Rm - do - 21.00 7m x 3m13 Tennis Court - do - 525.00 15m x 35 m14 Powerhouse - do - 14.00 3.5m x 4m15 Records/Stock Room - do - 69.92 8.13m x 8.60m16 Motorpool - do - 210.00 7m x 15mCAMARINES SUR1 GID 1 Office/Laboratory Palestina, Pili 78.88 6.15m x 12.50m2 GID 2 Office3 Adm. Building - do - 300.00 12m x 25m4 TrainingCenter/Chapel/COA/SupplyOffice- do - 342.50 (9 x 22.5) + 2(8 x8.75)5 Staffhouse - do - 196.00 14m x 14m6 Motorpool/Records Room - do - 300.00 10m x 30m7 TSD Office - do - 16.96 3.20m x 5.30m8 Guardhouse - do - 91.50 5m x 18.30m9 Pest Control Room - do - 60.60 6m x 10.10m10 Bran Room - do - 40.00 5m x 8m11 Canteen - do - 77.00 1/2(4.8)(4)(8)12 Farmer shed - do - 33.66 5.10m x 6.60m13 Power house - do - 33.00 6.5m (5m)14 Truckscale House - do - 24.00 8m x 4m15 Dryer Shed do - 200.00 20m x 10m16 GRECON Building do - 24.00 8m x 4m17 ANIB Building do - 62.00 6.5m x 9.5m18 PFAC Building do - 25.00 5m x 5mCATANDUANES1 Prov’l Office Virac, Ctdn 214.00 26m x 8.23m2 Multi-Purpose Bldg. - do - 86.00 13.10m x 11.20m3 Staffhouse - do - 17.50 4.30m x 4.20m4 GID Office - do - 72.00 21.10m x 4.80m5 Guardhouse - do - 12.00 4m x 3m6 Supply/Property Room - do - 66.00 11m x 6m7 Records Room - do - 28.20 6m x 4.70m8 Powerhouse - do - 11.40 3.80m x 3m9 GID 1 Whse - do - 794.00 48.40m x 16.20m10 GID 2 Whse - do - 720.00 35.80m x 20.1 m11 JICAWhse Pandan, Ctdn 300.00MASBATE1 GID Office Osmena St. 35.60 7.12m x 5m2 Provincial Office Masbate 237.72 28.3m x 8.4m3 Staffhouse - do - 49.47 9.7m x 5.1m4 Millhouse - do - 33.39 6.3m x 5.3m5 Guardhouse - do - 15.81 5.1m x 3.1m6 COA Bldg. - do - 35.35 10.1m x 3.5m7 Supply/TSD Office - do - 73.80 12.3m x 6m8 Old Laboratory - do - 87.84 14.4m x 6.1m9 Dryer Shed - do - 79.30 13m x 6.1mSORSOGON1 Provincial Office Cabid-an, 448.00 16m x 28m2 GID Office 1,2,3 Sorsogon 60.00 6m x 10m175

3 Staffhouse - do - 50.40 7m x 7.20m4 Guardhouse - do - 28.00 4m x 7m5 Supply Officer’s Room - do - 35.00 5m x 7m6 Records Room - do - 71.98 11.30m x 6.37m7 Truckscale House - do - 14.00 3.5m x 4m8 Truckscale - do - 74.38 22.11m x 3.5m9 Motorpool - do - 149.38 12.8m x 11.67m8 Records Room - do - 75.40 11.60m x 6.5m9 TSD Office - do - 63.00 10.5m x 6.0m10 Pest Control Room - do - 21.00 7.0m x 3.0m11 Junkyard Building - do - 79.06 11.8m x 6.7m12 Conference Hall - do - 70.00 10.0m x 7.0m13 Canteen - do - 24.79 3.7m x 6.7m14 Basketball/Tennis Court - do - 482.62 32.50m x 14.85m15 Farmer’s Kiosk - do - 31.33 5.44m x 5.76m8.3 Warehouses (Owned)Warehouses (Owned) Location Floor Area(SQ.M)Capacity(Cavans)ALBAY1 GID Legazpi City 240 8,5502 GID 1 Tabaco City 1,632 67,0003 Abacorp Tabaco City 1,200 73,1504 Bicol Seeds Libon 1,977 98,7505 Bicol Seeds Annex Libon 1,215 63,8006 NFA Owned Ligao City 1,096 58,950CAMARINES NORTE1 GID 1 Lag-on, Daet 1,200 55,0002 GID 11 - do - 1,200 50,000CAMARINES SUR1 GID 1 Palestina, Pili 3,900 90,0002 GID II - do - 3,400 120,000CATANDUANES1 GID 1 Virac, Catanduanes 794 38,0002 GID II - do - 720 35,0003 JICA Pandan, Ctdn 300 10,000MASBATE1 GID Osmena St., Masbate 1,826.23 100,000SORSOGON1 GID 1 Cabid-an, Sor. City 720 21,9502 GID II - do - 1,200 63,4503 GID III - do - 1,200 54,7008.4 Leased WarehousesWarehouses (Owned) Location Floor Area(SQ.M)Capacity(Cavans)ALBAY1 Santiago Whse Tabaco City 745 36,7502 Demetriou Whse - do - 687.9 36,1003 Melfer 1 Whse Legazpi City 710 40,0004 Rodima Whse - do - 1,747 119,7755 Rosan Whse Ligao City 400 28,0006 Jamestown Whse Tabaco City7 Millenium Whse* Legazpi CityCAMARINES NORTE1 CMLCI 1 Whse Vinzons 271.41 10,1742 CMLCI 2 Whse - do - 378 26,744176

3 Sn. Vicente LGUWhse**CAMARINES SUR1 Santiago 1 Whse - do - 2,022.49 96,5362 Santiago 2 Whse - do - 1,422 63,0003 Santiago 3 Whse - do - 3,233.46 147,5274 Santiago 3 (Annex) - do - 713.46 44,0375 Ong 1 Whse Iriga City 868.8 35,5506 Ong 3 Whse - do - 655.22 31,4327 Isarog Whse Tigaon 1,278.4 53,6228 Bahay Whse Libmanan 640 24,0009 Benmar 1 Whse Bombon 1,497.6 83,97810 Benmar 2 Whse - do - 516.6 25,86011 Boclod 1 Whse San Jose 938.9 40,41912 Boclod 2 Whse - do - 423.51 22,34313 Tan Whse Pili 6,028.04 289,97514 Qeti Whse - do - 678.66 25,02515 PDC Whse Ocampo 651 24,11216 Apollo Whse Pili 990 60,480MASBATE1 Ang Cataingan 458.95 40,0002 Cabitan Buying Stn** Mandaon3 Bon-oco Buying Stn** MilagrosSORSOGON1 Chingbee Bulan 1,152 72,0002 GSAC Gubat 444.6 25,6003 Juanillo1 Irosin 648.29 30,2004 Juanillo 2 Irosin 552.70 24,000* To be utilized in anticipation for the expected arrival of imported rice allocated forthe region.** To be utilized as buying station during procurement season only or for eight (8)months in a year only.8.5 Post Harvest FacilitiesName of PHF Location EffectiveCapacityALBAY1 Agri-componentMechanical dryer withbiomass furnace2 Mecaphil Mechanical dryerwith biomass furnace3 Shinhueng Mech’l dryerwith retro-fitted biomassfurnaceBicol SeedsLibon, Albay6tons/input/batch# ofUnitsCondition2 For testing- do - - do - 1 For testing- do - - do - 2 For testing(retrofittedto biomassfed)- do - - do - 1 Opn’l4 Rice Fortificationequipment5 Genset (Deutz) R.O. Pier Site 20 kva 1 Opn’l6 Genset (Deutz) NFA Tabaco 20 kva 1 Opn’lCAMARINES NORTE1 Kubota Genset Lag-on, Daet 5.4 kva 1 Opn’l2 Flatbed Mech’l Dryer - do - 40 bags/batch31Opn’lFR3 Agricom Mech’l dryer with - do - 6 1 Opn’lbiomass fed furnacetons/batch4 Greenmac Mech. Dryerkerosenefed- do - - do - 1 Opn’l177

5 Genset (4DR5) - do - 20 kva 1 Opn’lCAMARINES SUR1 Padiscor Mech’l dryer NFA 8 tpb 1 Opn’lCompound,2 Greenmac Mech’l dryer Palestina 6 tpb 2 Opn’l3 Megasun Mech’l dryer- do - 6 tpb 2 Opn’l(retrofitted with biomassfed furnace4 Agricom Mech’l dryer (with - do - 6 tpb 4 Opn’lbiomass fed furnace5 Buivanggo Ricemill - do - 5 tph 1 Opn’l6 Mitsubishi Stock Conveyor 90 cav/hr 1 Opn’l7 Hebron Stock Conveyor - do - 45 cav/hr 1 Opn’l8 Toledo Truckscale - do - 60 tons 1 Opn’l9 Iveco Genset - do - 200 kva 1 Opn’l10 Rice FortificationEquipment- do - 5 tons/hr 1 Opn’lCATANDUANES1 Akagi Ricemill NFA Comp. 1 tph 1 1 Opn’l1 Amihan Mech’l Dryer - do - 1 W/ IIRMASBATE1 Flatbed Mech’l Dryer NFA Cmpd. 40 bags/ 3 Opn’linput/batch2 Kubota Genset - do - 6.5 kva 1 - do -3 Fuso 4DR5 Genset - do - 20 kva 1 - do -SORSOGON1 Recirculating Mech’l Dryer NFA Cmpd. 6 1 Opn’l(Megasun)tons/batch2 Shinhueng mech’l dryer - do - - do - 1 - do -3 Agricom mech’l dryer with - do - - do - 1 - do -biomass fed furnace4 Mecaphil Batch- do - - do - 1 - do -recirculating grain dryerwith biomass fed furnace5 Mercedez Benz Genset - do - 85 kva 1 - do -6 Weightronics Truckscale - do - 60 tonner 1 - do -7 Akagi Ricemill Single Pass - do - 1.25 1 Non-Opn’ltons/batch8 Kongskilde Mech’l Dryer - do - 10tons/batch1 Opn’l9 Anihan Mobile Dryer - do - 1.25tons/batch8.6 Inventory of Motor VehiclesBrand & Title Plate Number DateAcquired3 Non-opn’l(Junk) withIIRStatus/ConditionLEGAZPI CITY RO1 Toyota Innova SHY-133 2008 GO2 Mitsubishi Adventure SHP-735 2006 - do -ALBAY1 Mitsubishi Adventure SHP-715 2006 GO2 Tamaraw FX SEF-389 1995 - do -3 Hino Truck SET-140 1997 - do -4 Toyota Tamaraw FX SEE-148 1995 - do -5 Mitsubishi L-300 SFU-721 2001 UGR178

6 Mitsubishi Pick-up SBD-541 1984 JunkCAMARINES NORTE1 Tamaraw FX SEF-473 GO2 Mitsubishi L-200 SEA-476 - do -3 Hino Truck SET-141 - do -CAMARINES SURHino Truck SBH-799 1979 JunkHino Truck SET-142 1997 GOTamaraw FX SEE-269 1995 - do -Isuzu 10w SBD-615 1993 - do -Mitsubishi Adventure SFU-294 2001 - do -Mitsubishi L-300 SFU-631 2001 - do -Willy’s Jeep SCX-591 1975 JunkMits. Bulk Truck SCY-729 1986 - do -CATANDUANES1 Tamaraw FX SEE-742 4-20-1998 Storage2 Hino Truck SET-147 7-08-1997 GO3 Hino Van SET-663 11-30-2000 FR4 Pathfinder SET-568 Fr. RO Leg. GO5 Mits. Adventure GLX2 SJH-909 Dec. 2009 - do -MASBATE1 Ford Fiera SAM-587 1981 FR2 Hino Truck SET-113 1997 GO3 Tamaraw FX SEU-350 1998 GO4 Mits. Adventure SHY-149 2009 - do -SORSOGON1 Hino Six Wheeler SET-117 1996 GO2 Tamaraw FX SEG-318 1995 NewlyRepaired3 Mitsubishi L-200 SEA-264 2000 FR4 Mitsubishi Adventure SHY-159 2009 GO5 Isuzu Crosswind (Rented) PFI-486 GO6 Mitsubishi L-200 SBD-541 With IIRGO-Good Operating FR - For Repair UGR- Undergoing Repair8.7 Other FacilitiesParticularsLEGAZPI CITY ROWater TankALBAYTransformerCAMARINES NORTEWater TankTransformerCAMARINES SURTransformerWater TankCATANDUANESTransformerMASBATEWater TankDateAcquiredStatus/ConditionOperationalOperationalOperationalOperationalOperationalOperationalOperationalOperational179

TransformerSORSOGONWater TankTransformerOperationalOperationalOperationalVII. COMMAND AND SIGNALOffice Head of Office Address Contact Nos.Regional Office RD Alan B. Borja/ARD Renato Y. SanedrinPier Site, Legazpi City 480-70-85/480-70-15Albay Yolanda R. Navarro Pier Site, Leg. City 480-70-86Camarines Norte Jose Danilo V. Nieves Lag-on, Daet, Cam. Norte 440-31-79Camarines Sur Edna R. de Guzman Palestina, Pili, Cam. Sur 475-63-43Catanduanes Oscar SG. Tubalinal San Isidro, Virac, (052) 811-31-84CatanduanesMasbate Eden E. Redillas Osmena St., Talahib, (056)333-22-56Masbate CitySorsogon Eliseo B. Caliwag Cabid-an, Sorsogon City 421-9899/421-9847305-4368/3054345Contact hotline numbers of PNP, Fire Station, hospital and employees should be kept availablein the PSA provided cellular phones. Concerned employees likewise must have contact numberof the security guards assigned in the R.O./P.O. Compound and in all other NFA installations.This Security Management Plan (SMP) has been deliberated upon and approved by the concernedofficers.RECOMMENDED BY:YOLANDA R. NAVARRO, Ph.DProvincial Manager, AlbayJOSE DANILO V. NIEVESProvincial Manager, Cam. NorteEDNA R. DE GUZMANProvincial Manager, Cam. SurOSCAR SG. TUBALINAL, MNSAProvincial Manager, CatanduanesEDEN E. REDILLASProvincial Manager, MasbateELISEO B. CALIWAGProvincial Manager, SorsogonRENATO Y. SANEDRIN., MNSAAsst. Regional DirectorALAN B. BORJARegional DirectorAPPROVED/DISAPPROVED:LUDOVICO J. JARINAOIC/Deputy Administrator for Finance and Administration180

CONTRACT FOR SECURITY SERVICESKNOW ALL MEN BY THESE PRESENTS:This contract is made and entered into this ________ day of February, 2013 by and between:The NATIONAL FOOD AUTHORITY hereinafter referred to as “NFA”, a government owned andcontrolled corporation created pursuant to Presidential Decree No. 4, as amended, with principal placeof business at PHILSUGIN Building, North Avenue, Diliman, Quezon City, represented herein by itsRegional Director, ALAN B. BORJA-- and--____________________________________________________, a security agency and a corporationorganized and duly registered under Philippine Laws with principal place of business at______________________________ Philippines duly represented by its___________________________, hereinafter referred to as the “AGENCY”.WHEREAS, NFA-Region V needs a continuous security services package to maintain peace andorder within its installations and safeguard and protect personnel, stakeholders, offices, warehouses,facilities and all properties/stocks;WHEREAS, to obtain a security services package that best suits NFA-Region V needs for the bestvalue and for the least expense, in compliance with the existing laws, NFA-Region V conducted thePublic Bidding on _______________ to cover NFA-Region V;WHEREAS, the AGENCY submitted the most advantageous, responsive and complying bid andwas accordingly awarded the security services contract subject to the terms and conditions hereinafterprovided;WHEREAS, in the Bid and other Proposal submitted by the AGENCY in the aforecited PublicBidding for Security Services, the AGENCY proposed to deploy _____________ security guards NFA-Region V based on actual requirements indicated in the Security Management Plan includingdeployment of security guards for special events when necessary;WHEREAS, NFA-Region V accepts the AGENCY’s Proposal to provide security services in itsinstallations starting ______________ subject to Monthly Deployment UPDATE (MDU) which shall besubmitted to NFA-Region V one (1) week prior to the month it is to be effective for approval by theRegional Manager;WHEREAS, the AGENCY commits that its Security Services Package Proposal which is heretoattached as ANNEX “A” as accepted by NFA-Region V is based on the AGENCY’S unconditional promisethat it will strictly comply with all the terms and conditions of this contract;NOWTHEREFORE, for and in consideration of the foregoing and the terms and conditions hereincontained, the parties have agreed as follows;TERMS AND CONDITIONSARTICLE I-CONSIDERATION181

The NFA-Region V invited bids for security services and has accepted a bid by the agency for the supplyof security services in the sum of ___________ (Php ________), at the rate of _____________ (Php________ ), per guard per month Philippine Currency for the period February to December 2013. Therate shall be stated in the Monthly Deployment Update (MDU) and shall be payable at the end of themonth, subject to the usual government accounting and auditing rules and regulations.In this agreement, words and expression shall have the same meaning as are respectivelyassigned to them in the Conditions of Contract referred to.The following documents shall be deemed to form and be read and construed as part of thisagreement:a) Contract Agreement;b) Bidding Documents;c) Winning bidder’s bid, including the Technical and Financial Proposals, and all otherdocuments/statements submitted;d) Performance Securitye) Notice of Award of Contract; andf) Other contract documents that may be required by existing laws and/or specified in theBDS.ARTICLE II-DURATIONThis contract shall be effective for the period of Eleven (11) Months commencing on February toDecember 31, 2013 unless sooner terminated in accordance with the provisions herein stipulated andother causes provided for on applicable laws;ARTICLE III – OBLIGATIONS OF THE AGENCYIII.1. The AGENCY shall secure the prescribed NFA-Region V installations continuously and without anyinterruption during the effectivity of this Contract, in accordance with the AGENCY’s SecurityManagement Plan which was part of their proposal submitted during the Public Bidding held on______________ which is hereto attached and marked as Annex “__” and made an integral part hereof.The AGENCY shall exercise extraordinary diligence in carrying out its obligation under thiscontract.III.2. Only duly licensed security guards shall be deployed by the AGENCY. Before discharging theirduties, the agency shall submit to NFA-Region V concerned provincial office the following documents;III.2.a. Clearance from the Philippine National Police (PNP) and the proper court of the placewhere they reside, certifying that they have no criminal record convicting them anyoffense, or there is no pending criminal case against them.III.2.b. A certification from the AGENCY that they are of good moral character, courteous,honest, non alcoholic and not engaged in any illegal activity;III.2.c. A certified true copy of their respective current licenses;III.2.d. A certified true copy of the result of neuro and drug test conducted and issued by PNPaccreditedlaboratory/clinic;It is hereby understood and agreed upon that in no case shall the AGENCY assign mere traineesas security guards to be deployed under this Contract, otherwise, assignment of trainees as securityguard shall be considered a violation of the Contract.The AGENCY shall, in the presence of NFA Provincial Manager/Assistant Provincial Manager orRegional/Provincial Enforcement and Investigation Officers conduct a briefing with the security guardsbefore their deployment to specific assignments concerning among others, their wages, other benefitsand other instructions/matters relevant to efficient performance of their duties;III.3. The AGENCY shall issue a Duty Detail Order (DDO) for every Security Guard to be assigned/postedto any NFA installation indicating therein the name of the guard, the type of issued firearms, theparticular place of assignment and the inclusive dates (duration) within which guards are to renderservices.182

The Security Guards shall, before assumption of the post, present his individual (DDO) to theconcerned NFA Regional/Provincial Manager or his duly authorized representative.In case of replacement of guards posted in an installation, the name of the guards to bereplaced shall be indicated in the DDO and shall be presented together with the Recall Order issued tothe security guard to be replaced, to the concerned NFA /Regional /Provincial Manager or his dulyauthorized representative.In no case shall a security guard assume post without the presentation of DDO and Recall Orderto the concerned NFA /Regional/Provincial Manager or his duly authorized representative.III.4. The tour of duty of the security guard shall be divided into three (3) shifts for maximum of(8) hours per shift as follows:1 st Shift 2 nd Shift 3 rd Shift0700H-1500H 1500H-2300H 2300H-0700HHowever, during special operations, e.g. loading and unloading operations, NFA-Region V mayrequest the AGENCY to post security guards on their regular posts on a 12-hour shift tour of duty andreassign the third guards on the place where the special operations are undertaken. Payments for thesecurity services rendered beyond the (8) hour duty shall be pro-rated based on daily rate.III.5. The absorption of inorganic guards by the agency shall be strictly prohibited unless withthe prior approval of the NFA Administrator or his duly authorized representative. For purposes of thisContract, absorption shall be defined as, but not limited to, the employment and/or rehiring by theAGENCY of security guards employed by the previous security agency for deployment to any NFA-RegionV installations.III.6. The NFA shall have the unconditional right to require the AGENCY to replace guard/s withthose acceptable to NFA-Region V. Replacement should be effected within twenty-four (24) hours afterreceipt of the written recommendation/request of NFA-Region V. In no instance shall replaced securityguard be re-deployed in any NFA-Region V installations.III.7. The security guards so assigned shall be under the strict supervision of the AGENCY. NFA-Region V, however shall have the right to conduct spot inspections on the performance of the securityguards at any time it may deem necessary. The right shall not, however, diminish the liability of norabsolve the AGENCY and the guard of their obligations to NFA under this Contract. It is understood thatthe AGENCY is liable for all the acts or omissions of its guards.III.8. In the matter of discipline, performance and/or breach in the norms of conduct by theguard so assigned, the AGENCY shall submit a periodic assessment and incident reports every 15 th andend of the month to NFA office concerned, copy furnished the NFA Administrator or his duly authorizedrepresentative.III.9. The AGENCY shall undertake a monthly reshuffling of its security guards from one (1) postto another . Reassignment can be made within a shorter period when so requested by the NFA- RegionV Regional Director/Provincial Manager.The AGENCY may, within the six (6) month period, undertake replacement of its security guardsupon a written request duly approved by the Regional Manager as recommended by the concernedProvincial Manager.III.10. The AGENCY shall deploy security guards who must always be in proper uniform, withlogbook to be used for recording people and events affecting security matters, a flashlight, club, whistle,fully loaded serviceable firearm and other equipment which are essential for security purposes;III.11. The AGENCY shall, jointly and severally with its security guards, be liable to NFA or to anyperson for any injury or damage or loss of property suffered by them within the security coverage of theAGENCY as a result of, but not limited to, assault, theft, robbery, pilferage, trespass, mischief or anyunlawful act, or negligence.183

III.12. The AGENCY shall be duly represented in the investigation which will be conducted byNFA to determine whether or not the Agency was at fault or negligent or did not exercise due diligencerequired under the circumstances to prevent or minimize injury or damage to or loss of property.Absence of a representative from the Agency, despite notice, will not preclude NFA fromproceeding from the investigation.If investigation to be conducted involved offenses allegedly committed by NFA-Region Vemployees e.g. theft committed by Cashier, Special Disbursing Officer (SDO) and Special CollectingOfficer (SCO) and loss of stocks or property fully documented, NFA may still notify the AGENCY theinvestigation being conducted.The AGENCY shall not be held liable for damage or loss of NFA-Region V property due tofortuitous events or acts of God as may be determined after investigation.III.13. The AGENCY hereby authorizes NFA-Region V to withhold such amount as might besufficient to satisfy its liability to NFA and/or persons as determined in Section VIII.11 hereof. Theauthority shall include any and all liabilities of the AGENCY to the NFA-Region V in connection with thisContract.III.14. The security guard so assigned shall provide additional services related to their workwhen so requested by NFA, such as armed escort services. Moreover, the AGENCY shall have a pool ofreserved guards to ensure the presence of adequate reliever when the need arises.III.15. To ensure a smooth and effective coordination with NFA, the security agency should putup an office in Legaspi City upon issuance of the Notice to Proceed.III.16. The agency shall post a Performance Security Bond in the following forms:Form of Performance Security(a) Cash or cashier’s/manager’sa Universal or Commercial Bankcheck issued by(b) Bank draft/guarantee or irrevocable letter of creditissued by a Universal or Commercial Bank:Provided, however, that it shall be confirmed orauthenticated by a Universal or Commercial Bank, ifissued by a foreign bank:(c) Surety bond callable upon demand issued by asurety or insurance company accredited by NFAand duly certified by the Insurance Commission asauthorized to issue such security; and/or(d) Any combination of the forgoingAmount of Performance Security(Equal to Percentage of the TotalContract Price)(5%)P__________(5%)P__________(30%)P__________Proportionate to share of formwith respect to total amount ofsecurityTo guarantee the faithful performance of the Contractor of his/her obligations under the contract,he/she shall post the required performance security.In case the security contract is extended, the AGENCY shall be required to post thecorresponding Performance Bond.The Performance Surety Bond shall be forfeited in favor of NFA, Region V in cases where the AGENCYfails to comply with the terms and conditions of the contract. Should the amount forfeited be notsufficient to cover such losses, damages and liabilities incurred due to fault of the AGENCY, theAgency shall pay the NFA the remaining balance in cash.III.17. The AGENCY shall assume full and exclusive obligation to pay the mandated wage provided for bylaws to its security guards assigned to NFA under this Contract, including claims and other compensationas may be legally due to security guards and to promptly remit to the proper agencies the required184

contribution of the security guards such as withholding taxes on salaries, SSS premiums, Philhealth andthe like.The AGENCY shall submit to the NFA a copy of the payroll and any other documents evidencingpayments of salaries to the security guards.In case the AGENCY pays its security guards below the minimum wage and fails to remit theproper government offices the required contributions of the security guards, NFA is hereby authorizedto withhold the payment due to Agency the amount corresponding to the difference between theamount actually paid and the prescribe minimum wage.III.18. The Agency shall submit a monthly security assessment to NFA including its findings andrecommendations not later that the 10 th of the following month.III.19. The Agency shall conform to the rules and regulations as mandated in R.A. 5487 as amended, P.D.442 (Labor Code of the Philippines), as amended and other related laws.III.20. All cost related to mobilization, demobilization and supervision of guards shall be borne by theAGENCY.III.21. It is also agreed that the AGENCY is under obligation to regularly present, within the duration ofthe contract, the business tax returns duly stamped and received by the Bureau of Internal Revenue(BIR).ARTICLE IV-OBLIGATIONS OF NFAIV.1. All the payments of the AGENCY shall be made at the particular NFA Regional/Provincial Officewhere the security services are rendered subject to NFA accounting and auditing rules and regulations.Before the release of each payment, the NFA shall require the AGENCY to submit proof ofremittance of receipt of SSS and Philhealth premium payments of security guards and contributions toother concerned government agency.IV.2. No payment shall be made to the AGENCY for any unauthorized and/or unilateral increase in thesecurity in the region without the written authority by the Regional Director and the required approvaland/or confirmation by the NFA Administrator.ARTICLE V-CONTRACT PRICEV.1. Prices charged by the contractor delivered and/or services performed under this Contractshall not vary from the prices quoted by the Contractor in its bid, with the exception of any change inprice resulting from a Change Order issued in accordance with Contract Amendment, or if applicable,adjustments authorized with the price adjustment provisions specified in the general and specialconditions of this Contract.V.2. Price is inclusive of the salaries, wages, benefits and other remuneration due to the securityguards assigned to NFA under existing laws and regulations such as, but not limited, to SSS contribution,Philhealth, State Insurance, 13 th month pay.V.3. The rates of the guards shall at all times be in accordance with PADPAO rates, to beadjusted to conform with the actual number of security guards deployed to NFA (based on NFArequirements) as well as any minimum wage adjustments mandated by law as implemented by theRegional Tripartite Wages and Productivity Board V of the Department of Labor and Employment.ARTICLE VI-PAYMENTVI.1. The contractor shall bill NFA on a monthly basis and NFA agrees to pay the amount billedby the CONTRACTOR within sixty (60) working days after receipt of such billing together with timesheets/cards of the security guards assigned to NFA duly certified correct by NFA’s authorizedrepresentative, net of applicable withholding taxes, after submission of the following documents.185

a. First Billinga.1 Service Invoicea.2. Statement of Accounta.3. Billing Summarya.4. Original Copy of Security Guard’s Duty Detail Order and/or Schedule of Guards withsignature of all SGs concerneda.5. Original Copy of Duty Detail Order and/or Schedule of Guards with signature of allSGs concerneda.5 Security Guards’ Individual DTR per Installation with signature of all SGs concerneda.6 Consolidated SGs DTR per Installation with signature of all SGs concerneda.7 Notarized Joint Affidavit, Quitclaim and Waiver duly signed by all the SGs concerneda.8 Notarized Certification that all salaries, wages and other benefits due to guardcovering the month is in accordance with PADPAO Rates and that the Agency hasnot exceeded the One Thousand Guardsa.9. Copy of Monthly Payroll and any other documents evidencing payments of salariesto the security guardsa.10 Certified true copy of Pag-IBIG Fund, PHILHEALTH and SSS Official Receipts withMembership Contributions Remittance Reporta.11 Copy of the Contract (certified photocopy)a.12 Notice of Award (certified photocopy)a.13 Notice to Proceed (certified photocopy)a.14 Copy of Performance Bond (certified photocopy)a.15 Security Personnel Status Reportb. Succeeding Billinga.1 Service Invoicea.2. Statement of Accounta.3. Billing Summarya.4. Original Copy of Security Guard’s Duty Detail Order and/or Schedule of Guards withsignature of all SGs concerneda.5. Original Copy of Duty Detail Order and/or Schedule of Guards with signature of allSGs concerneda.5 Security Guards’ Individual DTR per Installation with signature of all SGs concerneda.6 Consolidated SGs DTR per Installation with signature of all SGs concerneda.7 Notarized Joint Affidavit, Quitclaim and Waiver duly signed by all the SGs concerneda.8 Notarized Certification that all salaries, wages and other benefits due to guardcovering the month is in accordance with PADPAO Rates and that the Agency hasnot exceeded the One Thousand Guardsa.9. Copy of Monthly Payroll and any other documents evidencing payments of salariesto the security guardsa.10 Certified true copy of Pag-IBIG Fund, PHILHEALTH and SSS Official Receipts withMembership Contributions Remittance Reporta.11 Security Personnel Status ReportVI.2. It is agreed and understood that the payment of the contract price, exclusive of the 13 thmonth pay which shall be released every six months, shall be made on the condition that theCONTRACTOR has paid its security guards who are assigned to NFA all their salaries, wages and otherbenefits due them up to the time of payment of said amounts by NFA in accordance with PADPAO rates.A Certification to this effect shall not be required to pay directly to any of CONTRACTOR’s personnel anyamount owing them by the CONTRACTOR as salaries, wages or for any purposes whatsoever.VI.3 Payment of sums hereunder shall be subjected to the usual government accounting andauditing regulations.VI.4. Should NFA be constrained to file a case to obtain court relief against the CONTRACTOR,the later will hold itself liable to pay an amount equivalent to twenty percent (20%) of the amountclaimed in the complaint as attorney’s fee, aside from the costs of the litigation and other expenseswhich may entitle the NFA to recover from the CONTRACTOR any and all actions arising from thisAgreement which any party may decide to institute shall be filed with proper court in the City ofQuezon.VI.5. In case of breach of or violation by the CONTRACTOR of any provision of this agreement,the CONTRACTOR shall pay NFA, by way of liquidated damages the sum equivalent to fifteen percent186

(15%) of total contract price. It is understood that the damages, and that to be entitled to such damagesherein provided are fixed, agreed and liquidated damages, the NFA shall not be required to prove that ithas incurred actual damages.ARTICLE VII – USE OF CONTRACT DOCUMENTS AND INFORMATIONVII.1. The CONTRACTOR shall not, except for purposes of performing the obligations in theContract, without NFA’s prior written consent, disclose this Contract, or any provision thereof, or anyspecification, plan, drawing, pattern, sample, or information furnished by or on behalf of NFA. Any suchdisclosure shall be made in confidence and shall extend only as far as may be necessary for purposes ofsuch performance.VII.2. Any document, other than this Contract itself, shall remain the property of NFA and shallbe returned (all copies) to NFA on completion of the contractor’s performance under this Contract if sorequired by NFA.ARTICLE VIII-TERMINATIONVIII.1. This contract shall terminate at the lapsed of the period or duration in accordance withArticle II hereof.VIII.2. Then NFA, however, has the right to terminate this Contract at anytime upon thirty (30)days prior notice to the AGENCY under any or all of the following circumstances shall exist. Namely:VIII.2.a Violations by the AGENCY of the terms and conditions of the contract.VIII.2.b. Failure of the AGENCY to comply with the provision of RA 5487 as amended, PD442, as amended and other related laws;VIII.2.c. Violation by the AGENCY and its guards of the provision of the Special OperatingProcedures (SOP) on Blue Guards.VIII.2.d. Discovery of any fraud, falsification, in any of the documents during theaccreditation/eligibility check by the AGENCYARTICLE IX-SPECIAL PROVISIONSIX.1. The security requirements may be increased or decreased as NFA may require from time totime. NFA may further request for changes or relief of security personnel assigned to NFA by due noticeto AGENCY which the Contractor agrees to effect within 12 hours from receipt on NFA’s request.IX.2. The guards to be deployed should not be more than fifty-five (55) years of age, at least 5’4”in height, in good physical condition, of good moral character, at least High School Graduate for SecurityGuards and a college graduate for Supervisors.IX.3. AGENCY agrees to provide their assigned security guards with the required uniforms,equipments/accessories to carry out their required duties.IX.5. AGENCY shall submit to NFA a quarterly listing of all statutory deductions, i.e., SSSpremiums, Philhealth, Pag-Ibig remitted for the guards assigned to NFA duly machine validated.IX.5. AGENCY shall secure all necessary government permits and licenses for the performanceof their services.IX.6. AGENCY shall be liable for any loss or damage to property committed thorough theft orother surreptitious means or as a result of fault or negligence of the security guards, which loss ordamage is suffered by NFA or any of its guests within the NFA premises during the hours of work of thesecurity guards, provided the loss or damage is reported to AGENCY within 72 hours from discovery.IX.7. AGENCY shall be liable to NFA for any stoppage or interruption in the services to beprovided due to labor problems/conflict between the Agency and its security guards or other thanfortuitous events.187

IX.8. It is understood that NFA-ROV shall have the sole option to cause the increase/decrease ofthe number of AGENCY’s security guards to be deployed at all installations within the contract areadepending upon the exigency of the operations therein.IX.9. It is understood that the security guards are not employees of NFA but of the AGENCY asan independent contractor. Hence, no employer-employee relationship exist whatsoever between NFA-ROI and the security guards.The AGENCY hereby expressly agrees and binds itself that NFA shall be protected and absolvedfrom any labor case or problem as the same shall be fully assumed solely and exclusively by the AGENCY.In case of suit where NFA is impleaded as direct employer, the AGENCY shall hold NFA free fromany liability arising there from and shall defend and protect NFA interest therein.IX.10. The NFA shall conduct an orientation with the security guards concerning among othersthe NFA policies.IX.11. The Bid price for the duration of the contract shall be fixed and shall not be adjustedduring contract implementation, except for the following:IX.11.1. Increase in minimum daily wage pursuant to law or new wage order issued afterdate of bidding.In which case the Contract is deemed amended as to consideration byincreasing the wage per guard based on the newly set minimum wage rateprovided for in the wage order. No adjustment shall be made on administrativeand overhead cost of the AGENCY.IX.11.2. Increase in taxes; andIX.11.3. If during the term of the contract the NFA sees the need for an increase ordecrease in the number of security guards, the resulting cost of said increase ordecrease, provide that the ABC for the relevant year is not exceeded.IX.12. The Agency shall maintain a satisfactory level of performance throughout the term of thecontract based on a prescribed set of performance criteria.The performance criteria to be applied shall include, among others, the following: (i) quality ofservices delivered; (ii) time management; (iii) management and suitability of personnel; (iv) contractadministration and management; (v) provision of regular progress reports.NFA Region V shall conduct a quarterly assessment or evaluation of the performance ofthe service provider/contractor based on the set of performance criteria prescribed.Based on the assessment made, NFA may pre-terminate the contract for failure by the Agencyto perform its obligations thereon following the procedure prescribed under the Guidelines ofTermination of Contracts issued by the Government Procurement Policy Board under Resolution No.018-2004 dated 22 December 2004.IX.13. The AGENCY shall have no right to assign or otherwise transfer in any manner whatsoeverof its right, interest and obligation under this contract or any part hereof without the prior writtenapproval of NFA.Should NFA suffer damages by reason of delay and/or violation of any of the conditions of thecontract, the winning bidder shall, in addition, be held liable for Twenty Five percent (25%) of thecontract value as liquidated damages aside from Attorney’s Fee, cost of suit and the actual damages.IX.14. Any dispute or disagreement of any kind or whatsoever arising from any interpretation,implementation or violation of the terms and conditions of this Contract shall, as far as practicable, besettled amicably settle their differences and one of their parties is constrained to seek judicial redress toprotect its rights and interest, such suit shall be filed and prosecuted exclusively in the proper court ofcompetent jurisdiction in Quezon City, Philippines.188

IN WITNESS HEREOF, the parties have hereto affixed their signatures this day of _____________2013 at _______________ Philippines.NATIONAL FOOD AUTHORITY_________________________Regional Director___________________________________________________Security Agency______________________WitnessSigned in the Presence of:______________________WitnessACKNOWLEDGMENTRepublic of the Philippines): S.S.______________________ )BEFORE ME, a Notary Public for and in the _________ this ______ of _______ 2013 at_____________________________ Philippines personally appeared.Name CTC No. Date/Place of Issueknown to me and to me known to be the same person who executed the aforesaid instrument declaringthat they have read and understood the foregoing, and the same are their own free act and deed.The foregoing instrument consists of nine (9) pages including this page on which thisAcknowledgement is written, and each and every page of which has been signed by the parties and theirwitnesses and sealed with my Notarial seal.IN WITNESS WHEREOF, I have hereunto my hand and sealed on the date and place first abovewritten.Doc No. ______________Page No. ______________Book No. ______________NOTARY PUBLIC189