TERMS OF REFERENCE (TOR) - NFA

NATIONAL FOOD AUTHORITYNational Capital RegionRepublic of the PhilippinesUnited Nations Avenue, Paco ManilaTERMS OF REFERENCE (TOR)NEGOTIATED PROCUREMENT OF TRUCKING/HAULING SERVICES IN THE TRANSFER OF 41,000 BAGS NFA RICEFROM NFA-NCR WAREHOUSES TO MANILA PORT (FOR SHIPMENT TO DIPOLOG)UNDER SECTION 53, EMERGENCY CASES (SEC 53.2)I. NAME OF PROJECT - Negotiated Procurement under Section 53 thru Emergency Cases (Section 53.2) forTrucking/Hauling Services for the immediate transfer of 41,000 bags rice from NCR-Warehouses toManila Port.II.SCOPE/SUBJECT MATTER OF THE PROJECT1. Scope of Services - Provision of the required number of trucks for trucking/hauling services fromNFA-NCR warehouses to Manila Port.2. Minimum Trucking Requirement – Twenty-two(22) Units of 10-wheeler and trailer trucks withdrivers and Special Power of Attorney (SPA)3. Delivery Points/Trucking Rates/ABC:LOTFROMDELIVERY POINTSTOMinimumNo. ofTrucksper daySingle CDO & SDO Manila Port 22EstimatedVolume41,000 bagsor 2,050 MTTrucking/HaulingRate per MT(VAT inclusive)Approved Budgetfor the ContractP 290.00/MT P 594,500.004. Delivery ScheduleThe hauling/delivery of 41,000 bags NFA-rice from NFA-NCR warehouses to Port of Manila shallcommence within three (3) days upon receipt of Notice to Proceed and to be completed in five (5) days.Guaranteed minimum volume to be hauled per day is8,400 bags. Delayed delivery shall be subject to liquidateddamages and penalty as specified under Section XII & XIV, respectively, of this TOR.III.THE APPROVED BUDGET FOR THE CONTRACTThe Approved Budget for the Contract is Five Hundred Ninety-Four Thousand Five HundredPesos(P594,500.00) as computed above.IV.NON-REFUNDABLE BIDDING FEEBid documents (RFQ & TOR) shall be issued only upon payment of non-refundable bidding fee of OneThousand Pesos only (P 1,000.00).V. SPECIFICATIONS AND REQUIREMENTS FOR TH TRUCKSThe Truck Units should comply with the following specifications/requirements:a. Ten-Wheeler Truck (open/drop side) and Tractor with flatbed trailer (1:1) fit for break bulk cargob. Minimum of 500 bags capacity1 | P a g e

c. Must be in good running condition with complete accessories such as tarpaulin, spare tires,rope, etc.d. Trucks must be registered as Truck for Hire (TH) by LTO/LTFRB.e. Truck flooring should be free from any protruding objects that may cause damage to ricecontainersVI.BIDDING SCHEDULEACTIVITIESInvitation and Issuance of Bid Documents(RFQ and TOR)Pre-Negotiation ConferenceSubmission and Opening of RFQBid Evaluation May 2, 2013Post Qualification May 2-4, 2013Approval of Resolution/Issuance of Notice of Award May 6, 2013Contract preparation and signing May 6, 2013Issuance of Notice to Proceed May 6, 2013DATEApril 29–May 1, 2013 Working days only8:00 a.m. - 5:00 p.m.May 2, 2013 8:00 - 9:00 a.m.May 2, 2013 10:00 a.m.May 2, 2013 11:00 a.m.VII.QUALIFICATION OF BIDDERThe prospective bidder/contractor must be in the business of providing trucking services for at leastthree (3) years and must be legally, technically and financially capable to provide and undertake thetrucking/hauling of stocks subject of the Request for Quotation (RFQ).VIII.VOLUME TO BE BID1. The volume subject matter of the Request for Quotation (RFQ) is 41,000 bags (more or less) of 50kg-capacity of NFA rice. However, the volume may increase/decrease depending on theoperational needs of the NFA.2. Amendment to order shall be subject to Annex-D - Contract Implementation for the Procurementof Goods, Supplies and Materials of the Revised IIR of RA 9184 (Section I thereof).3. The amendment to order shall be covered by an amendment to the contract.IX.DOCUMENTARY REQUIREMENTSProspective bidders shall submit two sets (one (1) set of original and one (1) set of certified photocopy)of the following documents:1. FIRST ENVELOPE (marked as “ELIGIBILITY DOCUMENT”):a. LEGAL - 2013 Mayor's Permitb. TECHNICAL - b.1 Any trucking contractb.2List of Trucks together with certified photocopies of O.R.s and CRsb.3List of Drivers with SPAsc. FINANCIAL - 2012 Income Tax ReturnNOTE :Pursuant to Section 23.4.2 of the Revised IIR of RA 9184 which states that “ A bidder whomaintains a current and updated file of his Class “A” Documents (legal, technical and financialdocuments) shall be issued a Certification by the BAC to that effect, which Certification may besubmitted to the Procuring Entity concerned in lieu of the foregoing Class “A” documents.2 | P a g e

d. BID SECURITYBid security in the prescribed form, amount of and validity period.FORM OF BID SECURITYAMOUNT OF BID SECURITY(Equal to percentage of the ABC)a. Cash or cashier’s/manager’s check issuedby a Universal or Commercial BankTwo percent (2%) of the ABCb. Bank draft, guarantee or irrevocable letter ofTwo percent (2%) of the ABCcredit issued by a Universal or Commercial Bankc. Surety bond callable upon demand issued bya surety or insurance company duly certified byFive percent (5%) of the ABCthe Insurance Commission as authorized to issuesuch securityd. Any combination of the foregoing Proportionate to share of form with respect to totalamount of securityIn case of Surety Bond, it must be valid for 120 calendar days and shall bear the phrase “CALLABLE ONDEMAND”.2. SECOND ENVELOPE (marked as "TENDER FORM")a. Duly accomplished Request for Quotation (RFQ)/Tender FormX. OBLIGATIONS OF THE CONTRACTOR1. TRUCK DEPLOYMENTTo provide at least the minimum number of trucks required per day for the hauling of NFA rice fromvarious NFA-NCR Warehouses to Port of Manila.Provided that the contractor’s trucks are suited for grains cargo transport, do not have holes on theflooring to avoid pilferage and spillage, free from objectionable odor, toxic and/or hazardoussubstances, and foreign matters/dirt that may cause damage and/or adulteration/contamination of therice stocks and free from any pointed or protruding objects which could damage the containers/sacks(e.g. nails).2. ADDITIONAL TRUCK UNITSA winning bidder may provide additional truck units up to 100% of his existing units to expeditecompletion of delivery of awarded volume. Provided, however, that there shall be no increase orchange in the awarded volume; but, still subject to the submission of the following:2.1 For trucks owned and leased, submission of documentary requirements as enumerated in SectionV.2.2 If lease, submission of a notarized Lease Agreement/Memorandum of Agreement including theoriginal documents of leased units such as Certificate of Registration and Official Receipt forauthentication and one (1) certified photocopy of the aforesaid original documents. The lessee orcontractor binds himself solidarily liable to NFA in case of loss/damage to stocks in transit,3. SUBSTITUTE TRUCKSWinning bidder must provide at least a minimum of five (5) units TH truck-standby as substitute in caseof emergency/bogged down of units while in transit to secure NFA stocks subject to the followingconditions:a. The use shall only be for the duration of a particular vessel where the mechanical breakdown of thetruck occurred.b. The contractor shall notify NFA in writing of the cause of such breakdown and subject same toinspection/verification whereby designated NFA inspector submits reports to NFA-NCR-IPSO.3 | P a g e

c. The use of the units shall not in any way bind the NFA for any liability from LTO/LTFRB or anyenforcement agency should there be fines and penalties that may be imposed to the truckercontractor.d. The contractor shall be held liable for losses and damages pursuant to the provision of the Terms ofReference under Section 5 on the Obligations/Responsibilities of the Contractor and based on SOPno. FS-GP18 on Revised SOP on the Application of Replacement Cost with date of effectivity onDecember 07, 2000,e. To submit corresponding documentary requirements of the truck unit such as Certificate ofRegistration and Official Receipt and for Post Qualification purposes to present the original copy asmay be required.f. If substitute truck/s offered is/are LEASED, to submit document requirements as stated under XIII.3of Additional Trucks under Obligations/Responsibilities of the Contractor.4. RESPONSIBILITIES OF DRIVERSa. Drivers must be provided with Special Power of Attorney (SPA) by the Contractor appointing saiddrivers as duly authorized and constituted as agent or attorney-in-fact of the CONTRACTOR statingamong other things, the following responsibilities :a.1 Sign documents such as Warehouse Stock Issue (WSI) and Warehouse Stock Receipt (WSR forthe trucks he is assigned to.a.2 Witness weighing at the point of origin and at the point of destination and to affix hissignature on pertinent documents to authenticate correct weight at source and atdestinations, anda.3 Receive orders from duly authorized NFA representative(s) as to destination, etc.b. Drivers of leased trucks are considered authorized agents of the Contractor.c. Should there be a change/substitution of driver/representative, the contractor shall notify the NFAin writing and submit the following requirement:c.1 Special Power of Attorney (SPA)c.2 Photo copy of driver’s licensed. Losses, damages and accidents arising from any misconduct, misdemeanor reckless imprudence orany untoward incident caused by drivers and truck helper inside NFA leased/owned warehousesshall be the responsibility and liability of the contractor. It is understood that hired truck drivers andhelpers of the contractor shall exercise proper conduct and discipline being an extension of thecontractor. NFA may demand from the contractor the banning/replacement of unruly drivers/truckhelpers.5. LIABILITY FOR STOCK LOSSES AND DAMAGESOF THE CONTRACTORa. The NFA cargoes shall be considered under the custody of the Contractor upon loading atcontractor’s trucks up to the time the grain stocks are delivered and duly acknowledged at NFAIPSO at the port.b. The Contractor shall be liable for any loss in bags and/or in weight including pilferage or damage tothe grains/cargoes under its custody from source to final receiving end, except for loss or damagecaused by force majeure or fortuitous events and upon proof that Contractor has exercised extraordinary diligence to preserve and protect said cargo from damage or loss before, during and afterthe occurrence of force majeure/fortuitous events, provided further that the liability fixed shall notexceed the replacement cost of the cargoes (subject to SOP no. FS-GP18 on Revised SOP on theApplication of Replacement Cost with date of effectivity on December 07, 2000,)Provided, however, that the CONTRACTOR shall be granted 0.28% Tolerable Allowance PER TRUCKFOR SHORTAGES/LOSSES BASED ON WEIGHT AT ORIGIN TO FINAL RECEIVING ENDS; providedfurther that should the shortages exceed the tolerable allowance, the CONTRACTOR shall pay the4 | P a g e

excess based on replacement cost; provided finally, that 0.28% tolerable allowance shall not apply ifpilferage/theft/looting is established after proper investigation.b.1 Computation for Loss in BAGS (from source warehouses to vessel at pier through IPSO)The determination of shortages for loss in bagsare :b.1.1 The number of bags as documented by Warehouse Stock Issue (WSI) at issuing warehouseand the number of bags as documented by Warehouse Stock Receipt (WSR) at theimaginary receiving warehouse or TITO Truckscale.b.1.2 Loss in bags shall be computed at standard weight of 50 kilogram per bag based onreplacement cost existing at the time of loss.b.2 Computation for Loss in WEIGHT(from source warehouses to vessel at pier through IPSO)The determination of shortages for weight lossare :b.2.1 The weight in kilograms as documented by Warehouse Stock Issue (WSI) at the issuingwarehouse and the weight in kilograms as documented by Warehouse Stock Receipt(WSR) at the imaginary receiving warehouse or TITO truckscale.b.2.2 Weight loss in kilogram shall be based on replacement cost existing at the time of loss.c. Losses of NFA arising from any cause or negligence of the drivers/helpers shall be for the account ofthe CONTRACTOR. This is without prejudice to the filing of whatever claims due to NFA borne out ofany adverse result of any investigation conducted by proper authorities.d. Any damage to NFA stocks and/or properties sustained during the transport/unloading of stocksthrough fault or negligence of drivers, shall be the liability of the contractor.e. The CONTRACTOR shall settle his liability through deduction from claim, payment in cash or byrestitution. Restitution shall be of the same quality of the cargo delivered and in such quantity thatwill be equivalent to the exact amount of value of the computed replacement cost based on SOPno. FS-GP18 on Revised SOP on the Application of Replacement Cost with date of effectivity onDecember 07, 20006. REPAIRS AND MAINTENANCE OF TRUCKS AND OTHER OPERATING EXPENSESa. All expenses for registration and others such as, but not limited to, wages of driver(s), gas and oil, repairsand maintenance of the truck(s) be it minor or major repair shall be for the account of the contractor.b. Provide sufficient tarpaulin covers to protect the cargoes from the elements as well as the necessarylogistics to ensure continuity of his hauling operations. Tarpaulin covers should be long enough to protectthe cargo.7. TRUCK DELAYa. Notify NFA-IPSO and issuing NFA district/warehouses through any fastest means of communication inevent of delays such as the following :a.1 impassable roads/landslides/detoursa.2 collapsed/impassable bridgesa.3 mechanical breakdowna.4 other events and incidents causing delay8. BILLINGa. The hauler-contractor shall submit a Statement of Billing for his trucking/hauling claims withattachment of the following documents:5 | P a g e

a.1. Statement of deliveries together with the original copies of WSIs from issuing warehouses &WSRs from TITO Truckscalea.2. Weigh Scale Slip from TITO truckscalea.3. Original copies of Authority To Load (ATLs)a.4. Original copies of duly accomplished Dispatch Slips (DS)a.5. Notice of Award (photocopy)a.6. Notice to Proceed (photocopy)a.7. Contract Agreement (photocopy)a.8. Bid Security (photocopy)XI.OBLIGATIONS OF NFA1. DOCUMENTATION PROCEDUREThe NFA shall monitor the loading of NFA stocks at various NFA-NCR warehouses up to the receivingvessel. The following documentary procedures shall be observed by NFA:a. NFA-IPSO dispatcher shall issue Dispatch Slip (DS) to the Hauler-contractor’s authorized driver afterverifying the truck’s plate no. from the List of Authorized Units and Hauler’s Authority to Load (ATL).b. NFA-IPSO checker at vessel shall have the truck loaded based on NFA’s Dispatch Slip (DS) andHauler’s Authority to Load (ATL)c. NFA-IPSO (TITO Truckscale) shall prepare and issue WSRs and WSIs after weighing the loaded trucks.2. If necessary, to provide military/security guard or civilian escort on the trucks which shall not, however,be interpreted as exempting, diminishing or mitigating the contractor’s liability on any loss that may beincurred while the stocks are in transit or in their custody.3. To ensure that designated warehouses are open and with available manpower and logistics (calibratedplatform scale, etc.) to issue stocks.4. To notify the Contractor in advance prior to the loading to enable the Contractor to prepare thenecessary trucks, equipment and logistics in transporting the cargoes.5. ESCORT / TRUCK SEALSNFA has the option to provide personnel to escort transfers and use truck seals when necessary and toconduct inspection of the CONTRACTOR’s trucks for loaded materials/equipment and truckingdocuments. The exercise of this option shall not, however, exempt the Contractor from any liability onshortage(s) that may be incurred while the cargoes/containers are in transit.6 WEIGHING OF STOCKSThe NFA shall at all times allow the driver(s) or the representative(s) to witness the weighing of thestocks to verify the veracity of the entries being made in the documents.7. PAYMENT PROCEDUREa. The volume and amount of bid and awarded may not be the same volume to be paid and theamount will be dependent on the actual attainment and accomplishment of NFA operation. Hence,payment shall be based only on the actual volume loaded and transported.b. The total gross weight of the cargo received by NFA at the receiving imaginary warehouse (TITOTruckscale), after deducting the losses, shortages, and damages, if any, as stipulated in Section XIIIObligations of the Contractor, Item no. 5 of this Terms of Reference (TOR) shall be the basis forcomputing the trucking fees.c. The payments of the trucking fees shall be made at NFA-NCR subject to the usual NFA and COAAccounting and Auditing Rules and Regulations upon presentation of the duly accomplishedvoucher(s) supported by all pertinent documents issued by NFA covering the particularcargoes/goods/stocks as enumerated in Section X. Obligations of the Contractor. Item no. 8.6 | P a g e

d. NFA shall pay the contractor for its trucking/hauling services based on bid rate as indicated in theNotice of Award inclusive of VAT.9. NFA shall provide the Contractor list of issuing warehouses including respective allocation and scheduleof operation.XII.LIQUIDATED DAMAGES1. When the supplier fails to satisfactorily deliver goods under the contract within the specified deliveryschedule, inclusive of duly granted time extensions, if any, the supplier shall be liable for damages forthe delay and shall pay the procuring entity liquidated damages, not by way of penalty, an amountequal to two percent (2%) of the value of undelivered goods for every day of delay until such goodsare finally delivered and accepted by the procuring entity concerned.2. The procuring entity need not prove that it has incurred actual damages to be entitled to liquidateddamages. Such amount shall be deducted from any money due or which may become due to thesupplier, or collected from any securities or warranties posted by the supplier, whichever isconvenient to the procuring entity concerned. In no cases shall the total sum of liquidated damagesexceed ten percent (10%) of the total contract price, in which event the procuring entity concernedshall automatically rescind the contract and impose appropriate sanctions over and above theliquidated damages to be paid.XIII.SPECIAL PROVISIONS1. IPSO shall assign trucks to designated NFA loading warehouse through the issuance of Dispatch Slip(DS).2. In the event that the driver(s)/representative(s) are prevented by any NFA employee from witnessingthe weighing of stocks either at the point of loading or destination to verify the correctness of theentries made by NFA employee, the driver(s)/representative(s) shall sign the documents underprotest and shall, within forty-eight (48) hours, upon arrival at point of origin, notify the NFA officeconcerned. Failure to notify NFA Office concerned shall render the protest of thedriver(s)/representative(s) without force and effect and thereafter, the entries made shall beconclusive upon the Contractor.3. The aforementioned provision shall be without prejudice to other damages/expenses for which theCONTRACTOR as one may be liable that NFA have suffered/incurred as a result of the breach ofobligations by the CONTRACTOR under the terms and conditions of the Contract, as well as othersanctions provided for by existing laws, Presidential decrees, Executive Orders, Letter of Instructionsand other applicable rules and regulations.4. NO EMPLOYEE/EMPLOYER RELATIONSHIPIt is understood and mutually agreed that there is no employer-employee relationship between theNFA and the Contractor’s employee. Hence, NFA shall not be liable for claims that may arise underthe ECC, SSS, Medicate, Minimum Wage Law and to other related laws and Social Legislations.Likewise, NFA shall not be held responsible for any claims of third persons arising from theContractor’s employees fault and/or negligence under this contract assigned to NFA cargoes underthis contract, or for contraband goods found inside the Contractor’s trucks.5. LIST OF TRUCKS, DRIVERS, HELPERS AND PLATE NUMBERSCONTRACTOR shall provide the NFA with the complete and updated list of trucks, plate numbers,names of truck drivers and helpers before the start of operations.6. GOVERNMENT RULES AND REGULATIONSa. The Contractor shall comply with all pertinent laws, local or national, city and municipalordinance.7 | P a g e

. The Contractor shall comply with Land Transportation Office rules and regulations includingthe observance of the Anti-Overloading Provisions of Republic Act 8794.7. That NFA should not be held liable for the Contractor’s failure for whatever reason to haul NFAcargoes/properties under the contract and NFA shall be free from any liabilities and claimspertaining thereto.Further, without prejudice to the penalties that may be imposed under Section XII of this TOR, NFAhas the right to use MTO trucks and to avail itself of the services of other trucking Contractor, ifwithin twenty-four (24) hours after due notice to herein Contractor, the latter is unable to hauland/or refuses to haul or fail to meet the daily minimum number of trucks without valid/justifiablecause, in which case, 20% of the total cost of freight of the intended cargo or if the rate of the otherhauler is higher than the rate per contract of the contractor, the difference or excess shall becharged against the Contractor.8. TIME is of the essence of the contract. If for any reason the hauler refuses to haul or fail to meet thedaily minimum number of trucks within twenty-four (24) hours from the date of notice to haul, NFAshall have the right to terminate the contract with or without notice to the Contractor.9. NFA does not warrant to fully serve the contracted volume. Payment of freight shall be based on theactual volume hauled.10. NFA reserves the right to use MTO trucks simultaneous with the contractor’s trucks in the loading ofthe vessel.XIV.PENALTIES1. In case of failure of the contractor to provide the minimum required number of trucks as stated inSection II.3 of this TOR, a penalty of P800.00 per truck based on the computed turn around of eachtruck for3 days within the 5 day-vessel loading period not dispatched, shall be imposed by way ofpenalty to the contractor in addition to the liquidated damages that may be imposed per Section XIIof this TOR. The computed penalty shall be immediately deducted from the freight claim/s of thecontractor/s.2. The penalty as stated above may not be imposed in case the trucking contractor delivers theguaranteed minimum volume of 8,400 bags per day to the port of loading.3. In addition the following penalties shall likewise be imposed to the Contractor and/or hisrepresentative whenever any of the following offenses are committed.a. Warning to the Contractor/driverb. Banning of driver from hauling NFA stocksc. Indefinite suspension of hauling contractd. Cancellation of hauling contract.PENALTIESOFFENSES 1 st 2 nd 3 rda. Deviation from specified route a b cb. Delay in the ETA at destination without a b cprior notice or without valid reason.c. Refusal on the part of the Contractor/Truck a b cdriver to accept a particular tripd. Delay in loading/unloading of trucks due a b cto driver's absence/faulte. Failure of driver and/or Contractors a b crepresentative to witness weighing duringloading and unloadingf. Failure of Contractor to provide his a b ccommitted trucks per Hauler's Call Slipg. Defective tarpaulin/flooring a b ch. Pilferage/theft consummated or not, b - -8 | P a g e

Involving the driver and/or helperi. Acts that could cause weighing variances such as, a b cbut not limited to, loading or unloading of stones,truck parts, implements before and after thegross weighingXV.BID EVALUATIONIn case of tie on Bid Offer, winner shall be determined thru the following:1. In case of two (2) bidders with the same bid offer… “Toss Coin”2. More than two (2) …. “ Draw Lots”XVI. AWARDING AND SIGNING OF CONTRACT1. The RBAC shall recommend the award of the trucking services contract to the Regional Director.2. The Regional Director shall approve the Trucking Contract.3. The RBAC shall then notify the winning bidder accordingly.4. Unless a different date of effectivity is expressly stipulated in the contract, all trucking contract shallbe effective on the date of notarization.XVII.CONTRACT IMPLEMENTATION AND PRICE ADJUSTMENTIt is provided in Section 61 under Rule XIX of the revised IRR of RA no. 9184 that:For the given scope of work in the contract as awarded, all bid prices shall be considered as fixed prices,and therefore not subject to price adjustment and escalation during contract implementation, exceptunder extraordinary circumstances and upon prior approval of the GPPB, or when a Treaty orInternational or Executive Agreement expressly allows it pursuant to Section 4 of the IRR.In cases where the cost of the awarded contract is affected by any applicable new laws, ordinances,regulations, or other acts of the GOP, promulgated after the date of bid opening, a contract priceadjustment shall be made or appropriate relief shall be applied on a no- loss-no-gain basis.XVIII.EFFECTIVITY AND DURATION OF HAULING CONTRACTThe Hauling Contract covering awarded volume shall be effective upon signing by both parties and shallend when NFA has fully loaded 41,000 bags to the assigned vessels.XIX.ENTIRETY CLAUSE1. The Hauling Contract to be signed by both parties shall be understood to contain all the agreementbetween the parties and all bid documents considered as integral part of the contract.2. No alterations, amendments, and/or modification to the Contract shall be considered valid unlessagreed upon by both parties contained in a duly notarized document.XX.VENUE OF ACTIONSLegal actions arising out of or relating to this contract shall be exclusively filed with any of thecompetent courts of Quezon City, Philippines.9 | P a g e

XXI.RESERVATION CLAUSEThe National Food Authority reserves the right to accept or reject any or all bids, to waive anyformalities therein and to accept such bid as may be considered advantageous to the NFA or annulthe bidding process and not award the contract at any time prior to contract award without incurringany liability to any bidder or party. Further, NFA assumes no obligation to compensate any bidder orparty for any loss or expense incurred in the preparation of the bid or participation in the biddingprocess.RECOMMENDING APPROVAL:CEZAR B. GATCHALIAN VIRGILIO N. CACANINDIN ROBERTO S. MUSNGIRBAC Member RBAC Member RBAC MemberJAIME S. HADLOCONRBAC MemberMYRNA R. DOMINGOEnd UserLEMUEL R. PAGAYUNANVice Chairman, RBACCELEDONIO P. MENDOZA, SR.Assistant Regional Director &Chairman, RBACAPPROVED:JOSEPH Y. DELA CRUZ, CESO VRegional Director, NCR & Head of Procuring Entity (HOPE)10 | P a g e

1. Any increase in volume as discussed in the pre-bid conference and duly approved by the Head ofProcuring Entity (HOPE)/Central Office shall be subject to the following :a. The additional volume shall be charged to the balance of Authority per ODAMO-2K13-C-06dated 7 March 2013.b. Payment of additional bid security and non-refundable bidding fee.c. The additional volume shall be covered by Bid Bulletin.XVII. LIQUIDATED DAMAGESA. When the contractor fails to satisfactorily deliver goods under the contract within the specifieddelivery schedule, inclusive of duly granted time extensions, if any, the supplier shall be liablefor damages for the delay and shall pay the Procuring Entity Liquidated Damages, not by wayof penalty, an amount equal to one percent (1%) of the cost of delayed goods scheduled fordelivery for everyday of delay until such goods are finally delivered and accepted by theProcuring Entity (NFA).B. The Procuring Entity (NFA) need not prove that it has incurred actual damages to be entitled toliquidated damages. Such amount shall be deducted from any money due or which maybecome due to the contractor, or collected from any securities or warranties posted by thesupplier, whichever is convenient to the Procuring Entity (NFA). In no case shall the total sumof liquidated damages exceeds ten percent (10%) of the total contract price, in which event, theNFA shall automatically rescind the contract and impose appropriate sanctions over and abovethe liquidated damages to be paid.XVIII. PENALTYShould contractor fail to make the vessel available on the specified date of loading, thecontractor shall be held liable to pay NFA the penalty in the amount equivalent to one percent(1%) of the cost of the delayed goods scheduled for delivery for every day of delay until suchgoods are finally delivered and accepted by the procuring entity (NFA) and other losses/damages11 | P a g e

that NFA may incur due to the fault of the contractor. However, contractor shall not be heldliable for penalty if the cause of the delay in loading and shipment is attributable to or caused bythe NFA, fortuitous events or force majeure.12 | P a g e

NATIONAL FOOD AUTHORITYNational Capital RegionU.N. Avenue, ManilaApril 29, 2013REQUEST FOR QUOTATION_________________________________________________________________________________Dear Sir :Please quote your lowest price on the item/s listed below, subject to the attached Terms of Reference(TOR).Please submit your sealed quotation (RFQ) together with non-refundable bidding fee of P1,000.00 forNegotiated Procurement of Trucking/Hauling Services for the Transfer of 41,000 bags rice from NFA-NCR warehouses to Port of Manila, to the Chairman of RBAC-NCR located at 2nd flr of NCR Bldg.U.N. Avenue, Manila on May 02, 2013 at 11:00 a.m.LOTDELIVERY POINTSEstimatedVolumeCELEDONIO P. MENDOZA, SR.Asst. Regional Manager and Chairman, NCR-RBACAPPROVED BUDGET FORTHE CONTRACT(VAT inclusive)BID OFFER(VAT inclusive)FROM T0 Rate/MT Amount Rate/MT AmountManila 41,000 bagssingle CDO/SDOP 290.00/MT P 594,500.00Port or 2,050 MTThe following shall be submitted during the opening of the RFQ :I. LEGAL - 2013 Mayor's PermitII. TECHNICAL - Any trucking contract- List of TH Trucks together with certified xerox copiesof O.R.s and CRs- List of drivers with SPAsIII. FINANCIAL - 2012 Income Tax ReturnNOTE : Pursuant to Section 23.4.2 of the Revised IIR of RA 9184 which states that “ A bidder who maintains acurrent and updated file of his Class “A” Documents (legal, technical and financial documents) shall beissued a Certification by the BAC to that effect, which Certification may be submitted to the ProcuringEntity concerned in lieu of the foregoing Class “A” documents.IV. BID SECURITY (pls refer to TOR)MINIMUM TRUCKING REQUIREMENT : 22 UNITSCOMMENCEMENT OF LOADING : MAY 6 - 8, 2013After having carefully read and accepted your Terms of Reference (TOR), we quote you on the items atprices noted above.Service Provider’s Name :TIN No.Address :E-mail Add:Telephone No. : Fax No. :Service Provider’s AuthorizedRepresentative Signature overDate :Printed Name :I. BIDDING SCHEDULE13 | P a g e

ACTIVITIESInvitation and Issuance of Bid Documents(RFQ and TOR)Pre-Negotiation ConferenceSubmission and Opening of RFQBid Evaluation May 2, 2013Post Qualification May 2-4, 2013Approval of Resolution/Issuance of Notice of Award May 6, 2013Contract preparation and signing May 6, 2013Issuance of Notice to Proceed May 6, 2013DATEApril 29 – May 1, 2013 Working days only8:00 a.m. - 5:00 p.m.May 2, 2013 8:00 - 9:00 a.m.May 2, 2013 10:00 a.m.May 2, 2013 11:00 a.m.14 | P a g e