Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICE ANNEX E. HOW TO CONDUCT NEGOTIATION 1. Coverage. This includes the technical services, financial terms and the legal contract. 2. Negotiating team should have the authority to negotiate. a. It should include expertise of the above three (3) areas. b. It should have members of the BAC, at least one member of the selection committee. c. They must have the authority to decide key issues and to conclude the negotiations. 3. Require the consultant to present a written authorization to negotiate and conclude a contract, including power to sign on behalf of the firm. 4. Consultants should be advised on the onset of the level of authority to negotiate of the DOH and vice versa. It should be emphasized that in the DOH, the contract is subject to approval by higher authority(ies) and that if it a foreign assisted project, that it subject to the development partner approval or issuance of No objection letter. The approving authorities must be named during the negotiations. If certain matters are beyond the authority of the any of the parties, proper approval should be sought must be done in writing. 5. Discern attempts of consultant to alter approach, methodology, work plan and quality of proposed personnel which at times may be appealing. Do not forget the original project requirements as indicated in the TOR and the basis for evaluation and ranking. 6. Record minutes of negotiations by order of discussion and the main points of the discussion and leading to the resolution (See form). 7. Refer and address comments on the TOR submitted by the consultant. If no major comments on the TOR and scope of services, there should be little discussion. Then, only confirm that these are clear and understood 8. If there are amendments, alterations should be properly recorded and included in the minutes and the corresponding changes in the TOR should be made including changes in professional staff, manning schedule and/or work plan. Procedure in Contract Negotiation: 1. Opening salutation by the DOH negotiating team and introduction of the DOH team 2. Response of the greeting the prospective consultant and introduction of their team 3. Submission of written authorization by the consultant‟s representative to negotiate and conclude the contract 166
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 4. DOH advises the consultants of their authority or limitation of authority to negotiate, i.e., the contract is always subject to approval of DOH legal services, and management. 5. Review and discuss the TOR, it‟s the objectives and scope of work, resolve differences between the TOR and technical proposal. Refer to Comments on the TOR included in the technical proposal as well as to the technical evaluation report. Refer to the attached negotiation checklist. 6. Review the work plan (shows the phasing or sequence of inputs by major project components during project implementation) and manning schedule (shows man-months of each project team and the expertise required from each professional staff. If there are changes in the scope of work, then automatically these two documents are affected and consequently revised. 7. Review consultant personnel as proposed in the technical proposal and make certain their availability. Any substitution should be agreed upon during the negotiation. Substitutes must have at least equal qualification and the curriculum vitae of such should be submitted and carefully evaluated again. 8. Discuss and resolve extent and timing of DOH counterpart staff & facilities. 9. Discuss provision and use of equipment. 10. Resolve deficiencies like unsuitability (over or under qualified) for the services of a professional staff excessive man-months, inadequate or excessive project duration, inappropriateness of approach, additional expertise, unavailability of equipment or facilities in DOH, etc. 11. Financial proposal is only discussed after the above have been discussed. Any change in the scope of works, duration and estimated man months of professional staff may lead to reduction in the total cost of the proposal. 12. Review draft contract and ensure that both are clear of the terms and conditions and agree on any modifications if needed. The terms of payment should be discussed. 13. Discuss approvals and signatures and notarization of contract if FAPS review and acceptance of development is required. 14. Agree on the deadline of required confirmation of various unresolved terms and conditions of the contract. 15. Project start, performance bond for GOPs projects and when is the Notice to proceed issued. 167
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MANUAL PROCEDURES FOR THE PROCUREME
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SECTION 1 INTRODUCTION
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SECTION 4 PROCUREMENT OF CONSULTING
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