Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES RR. NOTICE OF AWARD Republic of the Philippines Department of Health BIDS AND AWARDS COMMITTEE Ms. BBB Company B Business Address Contact Information NOTICE OF AWARD 10 October 2010 Dear Ms. BBB, This is to inform you that based on the result of the Hiring of an Advertising Agency for the Branding of Behavior, Development and Production of Creative/Campaign Materials for Breastfeeding Communication for Behavioral Impact (COMBI) under REI-CS-GOP-2010-08, as per BAC Resolution No. 2010-163 your proposal was found to be the Highest Rated Responsive Bid with a Total Contract Price of Nine Million Nineteen Thousand Six Hundred Philippine Pesos (Php9,019,600.00) inclusive of local taxes. You are hereby requested to post your Performance Security equivalent to the percentage of the total Contract Price of the acceptable forms as listed below within ten (10) calendar days from receipt of the Notice of Award (NOA) and further to confer with the Director of the Procurement Service, for instructions regarding the execution of this award: Form of Performance Security Amount of Performance Security (Equal to Percentage of the Total Contract price) a. Cash, Cashier‟s Check, Manager‟s Check, Bank Draft/Guarantee confirmed by a Universal or Commercial Bank duly licensed in the Philippines b. Irrevocable Letter of Credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank duly licensed in the Philippines if used by a foreign bank Five Percent (5%) c. Surety Bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security Thirty Percent (30) d. Any combination of the foregoing Proportionate to share of form with respect to total amount of security The original NOA with signature on “CONFORME” shall be returned within two (2) working days upon receipt of the approved NOA Please bear in mind that failure to provide the performance security shall constitute sufficient ground for recession of the award. Very truly yours, (SIGNATURE OVER PRINTED NAME) Head of Procuring Entity/Duly Authorized Representative Conforme: Printed Name and Signature of Winning Bidder: _______________________________ Date: __________________ 266
(SIGNATURE OVER PRINTED NAME) WITNESS 1 (SIGNATURE OVER PRINTED NAME) FIRST PARTY (SIGNATURE OVER PRINTED NAME) SECOND PARTY (SIGNATURE OVER PRINTED NAME) WITNESS 2 DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 SS. CONTRACT AGREEMENT CONTRACT AGREEMENT This CONTRACT AGREEMENT made on the 5 th day of January 2011 between: The DEPARTMENT OF HEALTH thru the National Center for Health Promotion, with postal address at San Lazaro Compound, Rizal Avenue, Sta. Cruz, Manila, Philippines, duly represented by (Name of the Government Employee/First Contracting Party), Director IV, hereinafter referred to as the PROCURING ENTITY And COMPANY B, a company incorporated under the laws of the Philippines, with postal address at 18 San Miguel Street, Barrio Magsinag, Pasay City, duly represented by MR. ABC, General Manager, hereinafter called The Consulting Firm/Consultant. WHEREAS, in the bidding conducted by the DOH for the Consulting Services for the Branding of Behavior, Development and Production of Creative/Campaign Materials for Breastfeeding Communication for Behavioral Impact (COMBI), Company B has been declared the highest rated and responsive bidder. WHEREAS, the consulting firm/consultant, having the necessary expertise is competent to provide the consulting services as called for and specified in the Terms of Reference issued for the aforesaid bidding. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: In this Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. ARTICLE 1: CONTRACT DOCUMENTS The following documents shall be attached, deemed to form and be read and construed as part of this agreement, to wit: a. General and Specific Conditions of the Contract; b. Terms of Reference; c. Minutes of Negotiation; d. BAC Resolutions; e. Notice of Award of Contract and winning bidder‟s “Conforme” thereto; f. Performance Security. ARTICLE 2: CONTRACT PRICE AND TERMS OF PAYMENT The Consultant hereby agrees to undertake the project for a contract price of Nine Million Nineteen Thousand and Six Hundred Ninety Philippine Pesos (PhP 9,019,690.00) and in the negotiated terms and required deliverables or outputs. ARTICLE 3: CONFIDENTIALITY The Consulting Firm/Consultant shall not at any time communicate to any person or entity any confidential information acquired in the course of the service, nor shall the consulting firm/consultant make public the recommendations formulated in the course of, or as a result of, the services. “Confidential Information” means any information or knowledge acquired by the Consulting Firm/Consultant arising out of, in connection with, the performance of the Services under this Contract that is not otherwise available to the public. ARTICLE 4: EFFECTIVITY OF CONTRACT Within a maximum period of seven (7) calendar days upon approval of this Contract, the DOH shall issue the Notice to Proceed (NTP). The effectivity date of this Contract is the date of the Consultant‟s receipt of the NTP, unless a different date is stated in the NTP. ARTICLE 5: COMMENCEMENT OF SERVICES The Consulting Firm/Consultant shall begin carrying out the services starting from the effectivity date of this contract. ARTICLE 6: EXPIRATION OF CONTRACT 267
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MANUAL PROCEDURES FOR THE PROCUREME
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SECTION 1 INTRODUCTION
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NEGOTIATED PROCUREMENT 1. NEGOTIATE
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