REPUBLIC OF THE PHILIPPINES OFFICE OF THE PRESIDENT BASES CONVERSION AND DEVELOPMENT AUTHORITY
ELIGIBILITY DOCUMENTS
CONSULTING SERVICES FOR SUBIC-CLARK RAILWAY PROJECT
SEPTEMBER 2020
TABLE OF CONTENTS
SECTION I. REQUEST FOR EXPRESSION OF INTEREST
SECTION II. ELIGIBILITY DOCUMENTS 1. Eligibility Criteria 10 2. Eligibility Requirements 10 3. Format and Signing of Eligibility Documents 12 4. Sealing and Marking of Eligibility Documents 12 5. Deadline for Submission of Eligibility Documents 13 6. Late Submission of Eligibility Documents 13 7. Modification and Withdrawal of Eligibility Documents 13 8. Opening and Preliminary Examination of Eligibility Documents 14 9. Short Listing of Consultants 14 10. Protest Mechanism 15
SECTION III. ELIGIBILITY DATA SHEET
SECTION IV. ELIGIBILITY FORMS EF 1. Eligibility Documents Submission Form 20 EF 2. Statement of All On-Going and Completed Government and Private Contracts, including Contracts Awarded but not yet Started 21 EF 3. Summary of Projects 22 EF 4. Consultant’s References 23 EF 5. Summary of Curriculum Vitae 24 EF 6. Format of Curriculum Vitae for Proposed Professional Staff 26 EF 7. Statement of Consultant Specifying Its Nationality and Confirming that Those Who will Actually Perform the Services are Registered Professionals 29 Checklist and Tabbing of Eligibility Requirements 31
SECTION V. TERMS OF REFERENCE 1. Background 34 2. Description of the Railway 37 3. Description of Consulting Services 39 4. Objectives of Consulting Services 39 5. Scope of Consulting Services 40 6. Deliverables 53 7. Obligations of the Consultant 55 8. Obligations of BCDA 56 9. Manning Requirement 56 10. Project Duration 58 11. Approved Budget for the Contract 58 12. Mode of Payment 58 13. Short Listing of Prospective Bidders 59 14. Determination of the Highest Rated Bid 60 15. Performance Security 60
16. Standard of Services 61 17. General Terms and Conditions 61
SECTION VI. APPENDICES Appendix I Plan and Profile of SCRP Alignment Appendix II Employer’s Requirements
LIST OF ABBREVIATIONS
3D Three-Dimension ABC Approved Budget for the Contract BAC Bids and Awards Committee BCDA Bases Conversion and Development Authority BGC Bonifacio Global City BIM Building Information Modelling BIR Bureau of Internal Revenue BOC Bureau of Customs BOT Build-Operate-Transfer CAPEX Capital Expenditure CBI Certificate of Budget Inclusion CDA Cooperative Development Authority CE Civil Engineer CFZ Clark Freeport Zone COA Commission on Audit CRK Clark International Airport CY Calendar Year DNP Defects Notification Period DOTr Department of Transportation DSCR Debt Service Coverage Ratio DTI Department of Trade and Industry ECC Environmental Compliance Certificate ECE Electronics and Communications Engineer EDS Eligibility Data Sheet EE Electrical Engineer EIA Environmental Impact Assessment EIRR Economic Internal Rate of Return EIS Environmental Impact Statement EMP Environmental Management Plan EOI Expression of Interest EOT Extension of Time EPCC Engineering, Procurement, Construction, and Commissioning ER Employer’s Representative ETCS European Train Control System FIRR Financial Internal Rate of Return GAA General Appropriations Act
GE Geodetic Engineer GOCC Government-Owned or -Controlled Corporation GoP Government of the Philippines GPPB Government Procurement Policy Board HRB Highest Rated Bid IBP Integrated Bar of the Philippines ICC Investment Coordination Committee IM Information Memorandum InfraCom Infrastructure Committee IRR Implementing Rules and Regulations IT Information Technology ITB Instructions to Bidders JPMO Joint Project Management Office JV Joint Venture JVA Joint Venture Agreement LGU Local Government Unit LOD Level of Details MBA Military Bases Agreement MCRP Malolos-Clark Railway Project ME Mechanical Engineer MPSS Minimum Performance Specifications and Standards NCC New Clark City NCT New Container Terminal NEDA National Economic and Development Authority NPV Net Present Value NSCR North-South Commuter Railway O/D Origin and Destination O&M Operation and Maintenance ODA Official Development Assistance OGCC Office of the Government Corporate Counsel PCAB Philippine Contractors Accreditation Board PE Project Evaluation PhilGEPS Philippine Government Electronic Procurement System PIMS Project Information Management System PNR Philippine National Railways PPP Public-Private Partnership PRC Philippine Regulations Commission PSB Port of Subic Bay QA/QC Quality Assurance/Quality Control QCBE Quality-Cost Based Evaluation QCBS Quality-Cost Based Selection RA Republic Act RFP Request for Proposal RFQ Request for Quotation ROW Right-of-Way SBFZ Subic Bay Freeport Zone SCR Subic-Clark Railway SCRP Subic-Clark Railway Project SCTEX Subic-Clark-Tarlac Expressway SEC Securities and Exchange Commission
SFS Subic Bay International Airport TAS Transaction Advisory Services TMP Traffic Management Plan TOR Terms of Reference TWG Technical Working Group USA United States of America VAT Value-Added Tax VFM Value for Money VGF Viability Gap Funding
SECTION I
REQUEST FOR EXPRESSION OF INTEREST
REQUEST FOR EXPRESSION OF INTEREST FOR CONSULTING SERVICES FOR SUBIC-CLARK RAILWAY PROJECT
1. The Bases Conversion and Development Authority (BCDA), through the 2020 General Appropriations Act (GAA) allocations and continuing appropriations, intends to apply the sum of One Billion Five Hundred Twenty Million Five Hundred Thirty Four Thousand Four Hundred Pesos (₱1,520,534,400.00), inclusive of value-added tax (VAT) and applicable government taxes, being the Approved Budget for the Contract (ABC) to payments under the contract for the Consulting Services for the Subic-Clark Railway Project (SCRP). Bids received in excess of the ABC shall be automatically rejected at the opening of the financial proposals.
2. BCDA now calls for the submission of Eligibility Documents for the Consulting Services for the SCRP. Eligibility Documents of interested consultants must be duly received by the Bids and Awards Committee (BAC) Secretariat on or before 20 October 2020 (Tuesday) at 09:00 AM at the BCDA Corporate Center, 2/F Bonifacio Technology Center, 31st Street corner 2nd Avenue, Bonifacio Global City, Taguig City, Metro Manila. The opening of the Eligibility Documents shall be on 20 October 2020 (Tuesday) at 10:00 AM at the BCDA Corporate Center. Applications for eligibility will be evaluated based on a non-discretionary “pass/fail” criterion.
3. Interested bidders may obtain further information from BCDA and inspect the Bidding Documents at the address given below during office hours between 08:00 AM and 05:00 PM.
4. A complete set of Bidding Documents may be acquired by interested Bidders between 26 October 2020 (Monday) and 25 November 2020 (Wednesday) from the address below and upon payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the Government Procurement Policy Board (GPPB), in the amount of Seventy Five Thousand Pesos (₱75,000.00).
It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of BCDA; provided that Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of their bids.
5. The BAC shall draw up the short list of consultants from those who have submitted Expression of Interest (EOI), including the Eligibility Documents, and have been determined as eligible in accordance with the provisions of Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act”, and its Implementing Rules and Regulations (IRR). The short list shall consist of not more than five (5) prospective bidders who will be entitled to submit bids. The criteria and rating system for short listing are:
a. Relevant experience of the Consultant (40%);
b. Qualifications of the Key Staff to be assigned to the Project (50%); and
c. Current workload of Key Staff relative to capacity (10%).
The Consultants must garner a score of at least seventy percent (70%) to be qualified for short listing, but only the Bidders ranked top five (5) of the list are to be included in the final short listing.
6. Bidding will be conducted through open competitive bidding procedures using non-discretionary “pass/fail” criterion as specified in the IRR of RA 9184.
Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines.
7. BCDA shall evaluate bids using the Quality-Cost Based Evaluation/Selection (QCBE/QCBS) procedure with a 75:25 ratio. The technical proposal shall be given a weight of seventy-five percent (75%) and the financial proposal shall be given a weight of twenty-five percent (25%). The criteria and rating system for the evaluation of bids shall be provided in the Instructions to Bidders (ITB).
8. The Contract shall be completed within sixty six (66) months.
9. BCDA will hold a Pre-Eligibility Conference (online coverage) on 06 October 2020 (Tuesday) at 10:00 AM at the BCDA Corporate Center, 2/F Bonifacio Technology Center, 31st Street corner 2nd Avenue, Bonifacio Global City, Taguig City, Metro Manila and via video conferencing thru Google Meet which shall be open to prospective bidders. To be able to join the online Pre-Eligibility Conference, a scanned written request shall be made/emailed to the BAC Secretariat.
10. BCDA reserves the right to reject any and all bids, declare a failure of bidding, or not award the Contract at any time prior to contract award in accordance with Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected bidder or bidders. Further, BCDA reserves the right to waive minor defects in the forms and requirements as long as they do not affect the genuineness and authenticity of the documents submitted.
11. For further information, please refer to:
STEVENSON E. TUGAS, JR. Head of Secretariat, BAC for Consulting Services Bases Conversion and Development Authority BCDA Corporate Center, 2/F Bonifacio Technology Center 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila Tel. No.: (632) 8575-1753 Email: [email protected]
JOSHUA M. BINGCANG Chairperson BAC for Consulting Services
SECTION II
ELIGIBILITY DOCUMENTS
1. ELIGIBILITY CRITERIA
1.1. The following persons/entities shall be allowed to participate in the bidding for Consulting Services:
(a) Duly licensed Filipino citizens/sole proprietorships;
(b) Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines;
(c) Corporations duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;
(d) Cooperatives duly organized under the laws of the Philippines; or
(e) Persons/Entities forming themselves into a joint venture (JV), i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract; provided, however, that Filipino ownership or interest thereof shall be at least sixty percent (60%). For this purpose, Filipino ownership or interest shall be based on the contributions of each of the members of the JV as specified in their Joint Venture Agreement (JVA).
1.2. When the types and fields of Consulting Services involve the practice of professions regulated by law, those who will actually perform the services shall be Filipino citizens and registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions specified in the Eligibility Data Sheet (EDS).
1.3. If the Request for Expression of Interest allows participation of foreign consultants, prospective foreign bidders may be eligible subject to the conditions stated in the EDS.
1.4. Government-owned or -controlled corporations (GOCCs) may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not attached agencies of the Procuring Entity.
2. ELIGIBILITY REQUIREMENTS
2.1. The following eligibility requirements, together with the Eligibility Documents Submission Form, shall be submitted on or before the date of the eligibility check specified in the Request for Expression of Interest and Clause 5 for purposes of determining eligibility of prospective bidders:
(a) Class “A” Documents
Legal Documents
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(i) Philippine Government Electronic Procurement System (PhilGEPS) Certificate of Registration and Membership in accordance with Section 8.5.2 of the Implementing Rules and Regulations (IRR), except for foreign bidders participating in the procurement by a Philippine Foreign Service Office or Post, which shall submit their eligibility documents under Section 24.1 of the IRR, provided, that the winning Consultant shall register with PhilGEPS in accordance with Section 37.1.4 of the IRR;
Technical Documents
(ii) Statement of the prospective bidder of all its ongoing and completed government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar in nature and complexity to the contract to be bid, within the relevant period provided in the EDS. The statement shall include, for each contract, the following:
(ii.1) the name and location of the contract;
(ii.2) date of award of the contract;
(ii.3) type and brief description of consulting services;
(ii.4) consultant’s role (whether main consultant, subconsultant, or partner in a JV);
(ii.5) amount of contract;
(ii.6) contract duration; and
(ii.7) certificate of satisfactory completion or equivalent document specified in the EDS issued by the client, in the case of a completed contract;
(iii) Statement of the consultant specifying its nationality and confirming that those who will actually perform the service are registered professionals authorized by the appropriate regulatory body to practice those professions and allied professions in accordance with Clause 1.2, including their respective curriculum vitae.
(b) Class “B” Documents – If applicable, the JVA in case the JV is already in existence, or duly notarized statements from all the potential JV partners in accordance with Section 24.1(b) of the IRR of Republic Act (RA) 9184.
2.2. The eligibility requirements or statements, the bids, and all other documents to be submitted to the Bids and Awards Committee (BAC) must be in English. If the eligibility requirements or statements, the bids, and all other documents submitted to the BAC are in foreign language other than English, it must be accompanied by a translation of the documents in English. The documents shall be translated by the relevant foreign government agency, the foreign government agency authorized to translate documents, or a registered translator in the foreign bidder’s country; and shall be authenticated by the appropriate Philippine foreign service establishment/post or the equivalent office having jurisdiction over the foreign bidder’s affairs in the Philippines. The English translation shall govern, for purposes of interpretation of the bid.
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2.3. Prospective bidders may obtain a full range of expertise by associating with individual consultant(s) and/or other consultants or entities through a JV or subcontracting arrangements, as appropriate. However, subconsultants may only participate in the bid of one (1) short listed consultant. Foreign Consultants shall seek the participation of Filipino Consultants by entering into a JV with, or subcontracting part of the project to, Filipino Consultants.
3. FORMAT AND SIGNING OF ELIGIBILITY DOCUMENTS
3.1. Prospective bidders shall submit their eligibility documents through their duly authorized representative on or before the deadline specified in Clause 5.
3.2. Prospective bidders shall prepare an original and copies of the eligibility documents. In the event of any discrepancy between the original and the copies, the original shall prevail.
3.3. The Eligibility Documents Submission Form shall be signed by the duly authorized representative/s of the Bidder. Failure to do so shall be a ground for the rejection of the eligibility documents.
3.4. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the duly authorized representative/s of the prospective bidder.
4. SEALING AND MARKING OF ELIGIBILITY DOCUMENTS
4.1. Prospective bidders shall enclose their original eligibility documents described in Clause 2.1, in a sealed envelope marked “ORIGINAL – ELIGIBILITY DOCUMENTS”. Each copy thereof shall be similarly sealed duly marking the envelopes as “COPY NO. ___ – ELIGIBILITY DOCUMENTS”. These envelopes containing the original and the copies shall then be enclosed in one single envelope.
4.2. The original and the number of copies of the eligibility documents as indicated in the EDS shall be typed or written in ink and shall be signed by the prospective bidder or its duly authorized representative/s.
4.3. All envelopes shall:
(a) contain the name of the contract to be bid in capital letters;
(b) bear the name and address of the prospective bidder in capital letters;
(c) be addressed to the Procuring Entity’s BAC specified in the EDS;
(d) bear the specific identification of this Project indicated in the EDS; and
(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of eligibility documents, in accordance with Clause 5.
4.4. Eligibility documents that are not properly sealed and marked, as required in the bidding documents, shall not be rejected, but the bidder or its duly authorized representative
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shall acknowledge such condition of the documents as submitted. The BAC shall assume no responsibility for the misplacement of the contents of the improperly sealed or marked eligibility documents, or for its premature opening.
5. DEADLINE FOR SUBMISSION OF ELIGIBILITY DOCUMENTS
Eligibility documents must be received by the Procuring Entity’s BAC at the address and on or before the date and time indicated in the Request for Expression of Interest and the EDS.
6. LATE SUBMISSION OF ELIGIBILITY DOCUMENTS
Any eligibility documents submitted after the deadline for submission and receipt prescribed in Clause 5 shall be declared “Late” and shall not be accepted by the Procuring Entity. The BAC shall record in the minutes of submission and opening of eligibility documents, the Bidder’s name, its representative, and the time the eligibility documents were submitted late.
7. MODIFICATION AND WITHDRAWAL OF ELIGIBILITY DOCUMENTS
7.1. The prospective bidder may modify its eligibility documents after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline specified in Clause 5. The prospective bidder shall not be allowed to retrieve its original eligibility documents, but shall be allowed to submit another set equally sealed, properly identified, linked to its original bid marked as “ELIGIBILITY MODIFICATION” and stamped “received” by the BAC. Modifications received after the applicable deadline shall not be considered and shall be returned to the prospective bidder unopened.
7.2. A prospective bidder may, through a letter of withdrawal, withdraw its eligibility documents after it has been submitted, for valid and justifiable reason; provided that the letter of withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of eligibility documents.
7.3. Eligibility documents requested to be withdrawn in accordance with this Clause shall be returned unopened to the prospective bidder concerned. A prospective bidder that withdraws its eligibility documents shall not be permitted to submit another set, directly or indirectly, for the same project. A prospective bidder that acquired the eligibility documents may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of eligibility documents.
8. OPENING AND PRELIMINARY EXAMINATION OF ELIGIBILITY DOCUMENTS
8.1. The BAC will open the envelopes containing the eligibility documents in the presence of the prospective bidders’ representatives who choose to attend, at the time, on the date, and at the place specified in the EDS. The prospective bidders’ representatives who are present shall sign a register evidencing their attendance.
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In case the submitted eligibility envelopes cannot be opened as scheduled due to justifiable reasons, the BAC shall take custody of the said envelopes and reschedule the opening on the next working day or at the soonest possible time through the issuance of a Notice of Postponement to be posted in the PhilGEPS website and the website of the Procuring Entity concerned.
8.2. Letters of withdrawal shall be read out and recorded during the opening of eligibility documents and the envelope containing the corresponding withdrawn eligibility documents shall be returned unopened to the withdrawing prospective bidder.
8.3. The eligibility documents envelopes and modifications, if any, shall be opened one at a time, and the following read out and recorded:
(a) the name of the prospective bidder;
(b) whether there is a modification or substitution; and
(c) the presence or absence of each document comprising the eligibility documents vis- à-vis a checklist of the required documents.
8.4. The eligibility of each prospective bidder shall be determined by examining each bidder’s eligibility requirements or statements against a checklist of requirements, using non-discretionary “pass/fail” criterion, as stated in the Request for Expression of Interest, and shall be determined as either “eligible” or “ineligible.” If a prospective bidder submits the specific eligibility document required, he shall be rated “passed” for that particular requirement. In this regard, failure to submit a requirement, or an incomplete or patently insufficient submission, shall be considered “failed” for the particular eligibility requirement concerned. If a prospective bidder is rated “passed” for all the eligibility requirements, he shall be considered eligible to participate in the bidding, and the BAC shall mark the set of eligibility documents of the prospective bidder concerned as “eligible.” If a prospective bidder is rated “failed” in any of the eligibility requirements, he shall be considered ineligible to participate in the bidding, and the BAC shall mark the set of eligibility documents of the prospective bidder concerned as “ineligible.” In either case, the BAC chairperson or his duly designated authority shall countersign the markings.
9. SHORT LISTING OF CONSULTANTS
9.1. Only prospective bidders whose submitted contracts are similar in nature and complexity to the contract to be bid as provided in the EDS shall be considered for short listing.
9.2. The BAC shall draw up the short list of prospective bidders from those declared eligible using the detailed set of criteria and rating system to be used specified in the EDS.
9.3. Short listed consultants shall be invited to participate in the bidding for this project through a Notice of Eligibility and Short Listing issued by the BAC.
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10. PROTEST MECHANISM
Decision of the Procuring Entity at any stage of the procurement process may be questioned in accordance with Section 55 of the IRR of RA 9184.
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SECTION III
ELIGIBILITY DATA SHEET
Eligibility
Documents The key staff shall be licensed engineers or professionals registered by the Philippine Regulations Commission (PRC) or accredited professionals in their specific areas of specialization. The key staff are: 1. Project Manager 2. Deputy Project Manager (Design Review) 3. Deputy Project Manager (Civil Works) 4. Deputy Project Manager (Electro-Mechanical Works) 5. TAS/O&M Study Team Leader 6. Permanent Way Engineer 1 7. Permanent Way Engineer 2 8. Trackworks Engineer 1 9. Trackworks Engineer 2 10. Tunnel Engineer 11. Bridge/Viaduct Engineer 1 1.2 12. Bridge/Viaduct Engineer 2 13. Hydrologist/Drainage Engineer 1 14. Hydrologist/Drainage Engineer 2 15. Rolling Stock Engineer 16. Signalling Engineer 17. Terminal & Depot Facilities Engineer 18. Freight O&M Specialist 19. Systems Integration Engineer 20. Quality Assurance/Quality Control Engineer 1 21. Quality Assurance/Quality Control Engineer 2 22. Quality Assurance/Quality Control Engineer 3 23. Transport Planner 24. Financial Specialist 25. PPP Specialist Since some of the expertise needed might not be available or lacking in the Philippines, the Consultant has the option of providing foreign professionals for key positions as listed above.
Foreign consultants may be eligible to participate in this Project, subject to the following conditions to be complied within ten (10) days upon receipt of the Notice of Award: 1.3 a. must be registered with the Securities and Exchange Commission (SEC) and/or any agency authorized by the laws of the Philippines; b. when the types and fields of consulting services in which the foreign consultant wishes to engage involve the practice of regulated professions, the foreign consultant must be authorized by the appropriate GoP professional regulatory body specified in Clause 1.2 to engage in the practice of those professions and allied
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professions: Provided, however, That the limits of such authority shall be strictly observed. The statement of all ongoing and completed government and private contracts 2.1(a)(ii) shall include all such contracts within ten (10) years prior to the deadline for the submission and receipt of eligibility documents. Acceptable proof of satisfactory completion of completed contracts are Certificate of Completion or Acceptance or valid proof of final payment issued 2.1(a)(ii.7) by the client in case of completed contracts. Only contracts that are supported with proofs shall be considered for evaluation. Each prospective bidder shall submit one (1) original and one (1) copy of its 4.2 eligibility documents. Bids and Awards Committee (BAC) for Consulting Services Bases Conversion and Development Authority 4.3(c) BCDA Corporate Center, 2/F Bonifacio Technology Center 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila 4.3(d) Consulting Services for Subic-Clark Railway Project (SCRP) The address for submission of eligibility documents is: Bases Conversion and Development Authority BCDA Corporate Center, 2/F Bonifacio Technology Center 5 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila
The deadline for submission of eligibility documents is on 20 October 2020 (Tuesday) at 09:00 AM. The place of opening of eligibility documents is: Bases Conversion and Development Authority BCDA Corporate Center, 2/F Bonifacio Technology Center 8.1 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila
The date and time of opening of eligibility documents is on 20 October 2020 (Tuesday) at 10:00 AM. Similar contracts shall refer to Consulting Services for Detailed Design and/or 9.1 Construction Management Supervision of Rail or Road Projects. Criteria for short listing of the five (5) highest ranked proponents are: c. Relevant experience of the Consultant (40%); d. Qualifications of the Key Staff to be assigned to the Project (50%); and 9.2 e. Current workload of Key Staff relative to capacity (10%); Provided that the Bidder must obtain a minimum total score of seventy percent (70%) to be considered for short listing. Minimum ten (10) years of relevant experiences is required. Relevant experiences in rail projects will be given greater score compared to relevant experiences in road projects.
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SECTION IV
ELIGIBILITY FORMS
EF 1. ELIGIBILITY DOCUMENTS SUBMISSION FORM
[Letterhead]
[Date]
The Bids and Awards Committee for Consulting Services Bases Conversion and Development Authority BCDA Corporate Center, 2/F Bonifacio Technology Center 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila
Ladies/Gentlemen:
In connection with your Request for Expression of Interest dated [Date] for the Consulting Services for the Subic-Clark Railway Project (SCRP), [Name of Consultant] hereby expresses interest in participating in the eligibility and short listing for the said Project and submits the attached eligibility documents in compliance with the Eligibility Documents therefor.
In line with this submission, we certify that: a) [Name of Consultant] is not blacklisted or barred from biding by the Government of the Philippines (GoP) or any of its agencies, offices, corporations, local government units (LGUs), or autonomous regional government, including foreign government/foreign or international financing institution; and b) Each of the documents submitted herewith is an authentic copy of the original, complete, and all statements and information provided therein are true and correct.
We acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating to our submission irrespective of whether we are declared eligible and short listed or not.
We further acknowledge that failure to sign this Eligibility Document Submission Form shall be a ground for our disqualification.
Yours sincerely,
[Signature over Printed Name of Authorized Signatory] [Title of Authorized Signatory] [Name of Consultant] [Address of Consultant]
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EF 2. STATEMENT OF ALL ON-GOING AND COMPLETED GOVERNMENT AND PRIVATE CONTRACTS, INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED
[Letterhead]
[Date]
The Bids and Awards Committee for Consulting Services Bases Conversion and Development Authority BCDA Corporate Center, 2/F Bonifacio Technology Center 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila
Ladies/Gentlemen:
In compliance with the eligibility requirements of the Bids and Awards Committee (BAC) for Consulting Services of the Bases Conversion and Development Authority (BCDA) for the bidding of the Consulting Services for the Subic-Clark Railway Project (SCRP), we certify that [Name of Bidding Firm] has [State Applicable Statement: on-going and completed government and private contracts, including contracts awarded but not yet started], as enumerated in EF 3. Summary of Projects.
Yours sincerely,
[Signature over Printed Name of Authorized Signatory] [Title of Authorized Signatory] [Name of Consultant] [Address of Consultant]
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EF 3. SUMMARY OF PROJECTS
Part of Contract Amount for Consultant's Involvement in If Joint Venture Detailed Design Partner, Contract and/or Amount for Construction Consultant's Management Project Name Project Type of Involvement Supervision3 Date of Proof of No.1 & Location Description Client Consulting Service Contract Amount2 (if applicable) (if applicable) Contract Award Contract Period4 Undertaking5 A. Completed Projects
B. Ongoing Projects
Certified by: 1 Indicate Project No. as shown in EF 4. Consultant's References. 2 In Philippine Peso. 3 If Consulting Services for Detailed Design and/or Construction Management Supervision is just part of the required 3 services for the contract, state how much. For Joint Venture Agreements, state how much is the subcontracted 3 amount allocated for Consulting Services to this contract, in Philippine Peso. 4 State the start and completion dates of the contract. [Signature over Printed Name of Authorized Representative] 5 Certificate of Completion or Acceptance or valid proof of final payment issued by the client in case of completed [Title of Authorized Representative] 5 contracts. Notice of Award or Notice to Proceed or signed contracts issued by the client for on-going contracts [Name of Consultant] 5 and for contracts awarded but not yet started.
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EF 4. CONSULTANT’S REFERENCES
Relevant Services Carried Out that Best Illustrate Qualifications
[Using the format below, provide information on each contract, whether similar or not similar in nature and complexity to the contract to be bid, for which your firm/entity, either individually, as a corporate entity, or as one of the major companies within an association, was legally contracted.].
Project No. [State numerical order starting with number 1] Name of Contract: Country:
Location within Country: Professional Staff Provided by Your Firm/Entity (profiles):
Name of Client: No. of Staff:
Address: No. of Staff-Months, Duration of Project:
Start Date (Month/Year): Completion Date (Month/Year): Approximate Value of Services (in ₱):
Name of Associated Consultants, if any: No. of Months of Professional Staff Provided by Associated Consultants:
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:
Narrative Description of Project:
Description of Actual Services Provided by Your Staff:
Consultant’s Name: ______
Important Note: Applicable supporting documents to substantiate undertaking shall be provided during the submission of the Technical Proposal. Only those contracts with supporting documents will be considered for evaluation.
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EF 5. SUMMARY OF CURRICULUM VITAE
Number of Projects Undertaken Related to Particular Highest No. of Trainings Experience Name of Registered Educational Relevant to Profession3 Over-All Work Required as No. Key Staff Nominated Position Nationality Profession1 Attainment2 Local Foreign Experience4 Stated in TOR 1 Project Manager 2 Deputy Project Manager (Design Review) 3 Deputy Project Manager (Civil Works) 4 Deputy Project Manager (Electro-Mechanical Works) 5 TAS/O&M Study Team Leader 6 Permanent Way Engineer 1 7 Permanent Way Engineer 2 8 Trackworks Engineer 1 9 Trackworks Engineer 2 10 Tunnel Engineer 11 Bridge/Viaduct Engineer 1 12 Bridge/Viaduct Engineer 2 13 Hydrologist/Drainage Engineer 1 14 Hydrologist/Drainage Engineer 2 15 Rolling Stock Engineer 16 Signalling Engineer 17 Terminal & Depot Facilities Engineer 18 Freight O&M Specialist 19 Systems Integration Engineer 20 Quality Assurance/Quality Control Engineer 1 21 Quality Assurance/Quality Control Engineer 2 22 Quality Assurance/Quality Control Engineer 3 23 Transport Planner
24 Financial Specialist 25 PPP Specialist Certified by: 1 Provide proof of professional registration during the submission of Technical Proposal. 2 Provide proof of highest educational attainment during the submission of Technical Proposal. 3 Provide proof of trainings undertaken during the submission of Technical Proposal. 4 State number of years. [Signature over Printed Name of Authorized Representative] [Title of Authorized Representative] [Name of Consultant]
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EF 6. FORMAT OF CURRICULUM VITAE FOR PROPOSED PROFESSIONAL STAFF
Proposed Position: Name of Firm: Name of Staff: Registered Profession: Date of Birth: Nationality: Years with Firm: Current Position in the Firm:
Education: [Summarize college/university and other specialized education, giving names of schools, dates attended, and degrees obtained using the matrix below] College/University Degree/Title Obtained Inclusive Dates
Trainings/Seminars: [Summarize the trainings, seminars, and workshops undertaken, including those conducted by the nominated key staff, using the matrix below] Title/Description Conducted by Inclusive Dates Venue Involvement*
*Such as participant, speaker, or trainer
Projects Undertaken Related to Detailed Design and/or Construction Management Supervision of Rail or Road Projects: [Provide outline of projects undertaken using the matrix below] Title/Description Client Position Start Date Completion Date
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Projects Currently Being Undertaken: [Provide outline of projects currently being undertaken using the matrix below; projects may or may not be related to detailed design and/or construction management supervision of rail or road projects] Title/Description Client Position Start Date End Date
Memberships in Professional Societies: [Give an outline of memberships in professional societies using the matrix below] Name of Date of License/Professional Society/Commission Conferment/Registration Number Validity Date
Languages: [Using the format below, indicate proficiency of languages familiar with proficiency whether excellent, good, fair, or poor in speaking, reading, and writing] Proficiency Language Speaking Reading Writing
Employment Record: [Starting with present position, list in reverse order every employment held by nominated staff. List all positions since graduation, giving dates, names of employing organizations, titles of positions held, and locations of projects. Indicate relevant work experience of staff in his/her nominated position. For experience in last ten years, also give types of activities performed and client references, where appropriate]
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Certification:
I, [Full Name of Proposed Professional Staff], certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience.
Commitment:
I further commit that I shall work for the Consulting Services for the Subic-Clark Railway Project (SCRP) as [Nominated Position] of [Name of Bidding Firm] once awarded the contract.
Date: [Signature over Printed Name of Nominated Key Staff]
Date: [Signature over Printed Name of Authorized Representative of the Firm]
Important Note: Applicable documents to substantiate professional registration, educational attainment, and trainings undertaken shall be provided during the submission of the Technical Proposal. Only those attainments and undertakings with supporting documents will be considered for evaluation.
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EF 7. STATEMENT OF CONSULTANT SPECIFYING ITS NATIONALITY AND CONFIRMING THAT THOSE WHO WILL ACTUALLY PERFORM THE SERVICES ARE REGISTERED PROFESSIONALS
[Letterhead]
[Date]
The Bids and Awards Committee for Consulting Services Bases Conversion and Development Authority BCDA Corporate Center, 2/F Bonifacio Technology Center 31st Street corner 2nd Avenue, Bonifacio Global City Taguig City, Metro Manila
Ladies/Gentlemen:
[Name of Bidding Firm] is issuing this statement in compliance with the requirements of the Bases Conversion and Development Authority (BCDA) Bids and Awards Committee (BAC) for Consulting Services, that the members of the Project Team have the nationality as indicated in the table below and that they can actually perform the service in accordance with the eligibility requirements.
The proposed Project Team for the Project are: Name Position Nationality Project Manager Deputy Project Manager (Design Review) Deputy Project Manager (Civil Works) Deputy Project Manager (Electro-Mechanical Works) TAS/O&M Study Team Leader Permanent Way Engineer 1 Permanent Way Engineer 2 Trackworks Engineer 1 Trackworks Engineer 2 Tunnel Engineer Bridge/Viaduct Engineer 1 Bridge/Viaduct Engineer 2 Hydrologist/Drainage Engineer 1 Hydrologist/Drainage Engineer 2 Rolling Stock Engineer Signalling Engineer Terminal & Depot Facilities Engineer Freight O&M Specialist Systems Integration Engineer
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Quality Assurance/Quality Control Engineer 1 Quality Assurance/Quality Control Engineer 2 Quality Assurance/Quality Control Engineer 3 Transport Planner Financial Specialist PPP Specialist
[Name of Bidding Firm] issues this statement in accordance with Clause 2.1. of the eligibility requirements for the Project.
Yours sincerely,
[Signature over Printed Name of Authorized Signatory] [Title of Authorized Signatory] [Name of Consultant] [Address of Consultant]
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CHECKLIST AND TABBING OF ELIGIBILITY REQUIREMENTS
Tab Description 1 EF 1 Eligibility Documents Submission Form Philippine Government Electronic Procurement System (PhilGEPS) Certificate of Registration under Platinum Membership. Per GPPB Resolution No. 26-2017, during bid submission, prospective bidders may still submit their Class “A” Eligibility Documents pursuant to Section 8.5.2 of the 2016 Revised Implementing Rules and Regulations (IRR) (i.e. Registration Certificate from Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI), or Cooperative Development Authority (CDA); Mayor’s 2 Permit; Tax Clearance; Philippine Contractors Accreditation Board (PCAB) license and registration; and Audited Financial Statements), or if already registered in the PhilGEPS under Platinum category, their Certificate of Registration and Membership in lieu of their uploaded file of Class “A” Documents, the Certificate of PhilGEPS Registration (Platinum Membership) shall remain a post-qualification requirement to be submitted in accordance with Section 34.2 of the 2016 Revised IRR of Republic Act (RA) 9184. Statement of All On-Going and Completed Government and Private 3 EF 2 Contracts, including Contracts Awarded but not yet Started 4 EF 3 Summary of Projects 5 EF 4 Consultant’s References 6 EF 5 Summary of Curriculum Vitae 7 EF 6 Curriculum Vitae for the Following Nominated Key Staff: 7.1 Project Manager 7.2 Deputy Project Manager (Design Review) 7.3 Deputy Project Manager (Civil Works) 7.4 Deputy Project Manager (Electro-Mechanical Works) 7.5 TAS/O&M Study Team Leader 7.6 Permanent Way Engineer 1 7.7 Permanent Way Engineer 2 7.8 Trackworks Engineer 1 7.9 Trackworks Engineer 2 7.10 Tunnel Engineer 7.11 Bridge/Viaduct Engineer 1 7.12 Bridge/Viaduct Engineer 2 7.13 Hydrologist/Drainage Engineer 1 7.14 Hydrologist/Drainage Engineer 2
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7.15 Rolling Stock Engineer 7.16 Signalling Engineer 7.17 Terminal & Depot Facilities Engineer 7.18 Freight O&M Specialist 7.19 Systems Integration Engineer 7.20 Quality Assurance/Quality Control Engineer 1 7.21 Quality Assurance/Quality Control Engineer 2 7.22 Quality Assurance/Quality Control Engineer 3 7.23 Transport Planner 7.24 Financial Specialist 7.25 PPP Specialist Statement of the Consultant specifying its nationality and confirming that those who will actually perform the services are registered professionals 8 EF7 authorized by the appropriate regulatory body to practice those professions and allied professions. Audited financial statement for 2019, duly stamped “RECEIVED” by the 9 Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions. Valid Joint Venture Agreement (JVA), in case a joint venture (JV) is in existence. In the absence of JVA, duly notarized statement that all potential 10 partners shall enter into and abide by the provisions of the JVA in the instance that the bid is successful. Note: BCDA shall not assume any responsibility regarding erroneous interpretations or conclusions by the Consultant out of the data furnished by BCDA in relation to this Bidding. The Consultant shall take the responsibility to ensure the completeness of its submission after taking the steps to carefully examine all of the Bidding Documents and its amendments.
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SECTION V
TERMS OF REFERENCE
1. BACKGROUND
1.1. BCDA Mandate. The Bases Conversion and Development Authority (BCDA) is a government instrumentality vested with corporate powers under Republic Act (RA) 7227 (Bases Conversion and Development Act of 1992), signed into law by former President Corazon C. Aquino last 13 March 1992. The BCDA Charter was amended by RA 7917 in 1995, and further amended by RA 9400 in 2007. RA 7227 declared the policy of the government to accelerate the sound and balanced conversion into alternative productive uses of the Clark and Subic military reservations and their extensions covered under the 1947 Military Bases Agreement (MBA) between the Philippines and the United States of America (USA).
1.2. BCDA Economic Zones and Properties. BCDA has proven to be one of the most successful government agencies in attracting investments, creating jobs for the community, and upholding proper stewardship and honest governance. This it does as it builds integrated developments, dynamic business centers, and vibrant communities within the former military reservations. With their unique and distinct features, the BCDA-administered economic zones remained to be among the country’s prime investment locations (Figure 1).
FIGURE 1. BCDA-ADMINISTERED ECONOMIC ZONES AND PROPERTIES
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1.3. BCDA Projects. BCDA engages in public-private partnerships (PPPs) to push forward vital public infrastructures such as airports and tollways, economic centers, and major real estate developments. Driven by the values of integrity, excellence, and stewardship, it completed the world-class Subic-Clark-Tarlac Expressway (SCTEX), developed Bonifacio Global City (BGC) in Taguig City (Metro Manila) into the new modern financial and central business district, and is currently engaged in building the country’s new metropolis, New Clark City (NCC).
1.4. Department of Transportation. The Department of Transportation (DOTr) is the primary policy, planning, programming, coordinating, implementing, and administrative entity of the executive branch of the government on the promotion, development, and regulation of a dependable and coordinated network of transportation systems, as well as in the fast, safe, efficient, and reliable transportation services. As one of the first government agencies established under the Malolos Constitution on 21 January 1899, the DOTr plays a crucial role in accelerating the country’s economic development. It provides the backbone for growth and enhances the country’s competitive edge by providing effective and efficient transportation infrastructure systems that narrow the geographical and physical divide, connecting the country, its islands, and its people to the rest of the world.
1.5. Subic-Clark Railway Project. The Subic-Clark Railway Project (SCRP) is a component of Philippine National Railways (PNR) Luzon System Development Framework (Table 1 and Figure 2), DOTr’s railway master plan for Luzon Island. It also forms part of the supporting infrastructure of BCDA’s program of promoting the economic and social development of Central Luzon in particular and the Philippines in general, through the sound and balanced conversion into alternative productive uses of former military reservations and their extensions. Subic-Clark Railway (SCR) is a 71- kilometer freight railway (Figure 3) connecting Subic Bay Freeport Zone (SBFZ) and Clark Freeport Zone (CFZ), providing a railway link between the Port of Subic Bay (PSB) and Clark International Airport (CRK). Eventually, the railway will accommodate passenger service and will be extended to NCC.
TABLE 1. PNR LUZON SYSTEM DEVELOPMENT FRAMEWORK Length Line Alignment (km) P PNR North Commuter 1 (aka NSCR Phase 1) Tutuban-Malolos 38 N PNR North Commuter 2 (aka MCRP) Malolos-CRK-NCC 69 R NCC-Tarlac-San Fernando 159 N PNR North Long Haul o Tarlac-San Jose-Tuguegarao 309 r t Subic-Clark Railway PSB-CRK-NCC 85 h P PNR South Commuter (aka NSCR Phase 2) Tutuban-Los Baños 72 N Los Baños-Legazpi 406 R Legazpi-Matnog 117 S PNR South Long Haul o Los Baños-Batangas 58 u
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t h SOURCE: DOTR
FIGURE 2. PNR LUZON SYSTEM DEVELOPMENT FRAMEWORK
SOURCE: DOTR
FIGURE 3. SUBIC-CLARK RAILWAY PROJECT
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MAP SOURCE: GOOGLE EARTH
1.6. SCRP Project Objectives.
1.6.1. Logistics Hub. To develop the necessary infrastructure network that would promote the Central Luzon Corridor as a total logistics hub, boosting industrial and commercial activities.
1.6.2. Connectivity and Mobility. To complement the development of the Luzon Railway System and provide freight and passenger interoperability with PNR Manila-Clark, Manila-Bicol/Sorsogon, and Manila-Batangas.
1.6.3. Investing in the Regions. To attract investments and spur economic activities outside of Metro Manila.
1.6.4. Decongesting Metro Manila. To reduce congestion in the Port of Manila and cargo traffic in Metro Manila.
1.7. SCRP Implementation. SCRP will be implemented as a turnkey or EPCC (engineering, procurement, construction, and commissioning) project. It will be a joint undertaking of the DOTr and BCDA (Figure 4). A Joint Project Management Office (JPMO) will be established that will monitor the Project through an Employer’s Representative (ER). Funding for the Project will be Official Development Assistance (ODA) from China (85% of the project cost) and through General Appropriations Act (GAA) allocations (15% of the project cost). The operation and maintenance (O&M) of the railway line will be in partnership with a private railway operator with BCDA as the public partner.
FIGURE 4. SCRP IMPLEMENTATION
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2. DESCRIPTION OF THE RAILWAY
2.1. Track Gauge. Track gauge is 1,435 millimeters (standard gauge), following the decision of National Economic and Development Authority (NEDA) Infrastructure Committee (InfraCom) to adopt standard gauge for all future railway projects in the Philippines.
2.2. Number of Tracks. The railway will initially be single track, but the right-of-way (ROW) to be acquired will accommodate already future upgrade to double track.
2.3. Alignment. The alignment of the railway is approximately 71 kilometers long and is located in the western section of Central Luzon running on an exclusive ROW parallel to SCTEX with some sections adjacent to it (plan and profile attached herewith as Appendix I). It is divided into two (2) major sections:
2.3.1. Mainline. This is a 64-kilometer single track railway connecting SBFZ and CFZ and serves as the backbone of the railway system. The alignment starts at Subic Logistics Terminal in SBFZ and ends at Clark Logistics Terminal in CFZ. Between the two (2) terminals, it will run across Dinalupihan (Bataan), Floridablanca (Pampanga), and Porac (Pampanga).
2.3.2. Spur Line. This is a 7-kilometer single track railway connecting the PSB New Container Terminals (NCTs) to the Mainline. From the Subic Logistics Terminal, the alignment will pass underneath Cubi Point towards the PSB NCTs, which are located just across Runway 07/25 of the Subic Bay International Airport (SFS).
2.4. Railway Configurations. SCR will utilize three (3) railway configurations along its alignment:
2.4.1. At-Grade Configuration. Approximately 38.6 kilometers of cut and embankment sections will be constructed along the alignment. Majority of these at-grade sections can be found in Floridablanca and Porac where the topography is relatively flat.
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2.4.2. Elevated Configuration. Approximately 23.7 kilometers of bridges/ viaducts will be constructed along the alignment to traverse major river systems and land depressions. The alignment will cross several rivers, including major river systems: (a) Pinulot River together with Cui River in Dinalupihan, (b) Gumain River in Floridablanca, and (c) Pasig-Potrero River in Porac.
2.4.3. Depressed Configuration. Two (2) tunnels in SBFZ will be constructed to traverse the rolling terrain at the base of Bataan Mountain Ranges: (a) Tipo Tunnel (7.4 kilometers) in the Mainline, and (b) Cubi Point Tunnel (1.6 kilometers) in the Spur Line.
2.5. Road Crossings. Several roads will cross the SCR alignment. Among the major roads affected are: (a) J.A. Santos Avenue or Olongapo-Gapan Road (Dinalupihan), (b) Porac Access Road (Porac), (c) SCTEX (CFZ), (d) M.A. Roxas Highway (CFZ), and (e) Gil Puyat Avenue (CFZ). Most of these road crossings will be grade-separated (overpasses or underpasses).
2.6. Design Speeds.
2.6.1. Mainline. The Mainline will be designed to allow maximum speed of 160 kph. Freight service will operate at maximum speed of 80 kph, while passenger service (provision) will operate at maximum speed of 160 kph.
2.6.2. Spur Line. The Spur Line will be designed to allow maximum speed of 80 kph.
2.7. Traction. Since the initial rail service is for freight only, SCR will use diesel locomotives. Once the passenger rail service is added in the future, the railway will be upgraded to accommodate electric traction for its rolling stock.
2.8. Signalling System. Train operations shall be controlled using a fully commissioned and operational European Train Control System (ETCS) Level 0 train control system or equivalent.
3. DESCRIPTION OF CONSULTING SERVICES
3.1. The Employer. Funding for the Consulting Services is through the GAA allocation of BCDA, and hence, the Contract will be with BCDA. However, the Project will be jointly implemented by the DOTr and BCDA, and the Contractor and the Consultant will be jointly managed through the JPMO. Thus, the Consultant will be working in behalf of the DOTr and BCDA, collectively referred to in this Terms of Reference (TOR) as the Employer.
3.2. Tasks. The Consulting Services will comprise of two (2) tasks: (a) the Consultant acting as the ER for the Project, and (b) the Consultant providing Transaction Advisory Services (TAS) for the selection of the private partner (railway operator) for the O&M of the SCR.
3.3. Employer’s Representative. As ER for the Project, the Consultant will provide skilled professionals who will assist the JPMO in monitoring the implementation of the turnkey project from detailed design to revenue running of the railway. Since some of
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the expertise needed might not be available or lacking in the Philippines, the Consultant has the option of providing foreign professionals for key positions as listed in Section 9 (Manning Requirements) of this TOR.
3.4. Transaction Advisory Services. The TAS include the conduct of the O&M Study that will determine the viable PPP mode of implementation. If needed, the Consultant shall also assist the JPMO in securing the approval of the O&M PPP mode of implementation from the NEDA Investment Coordination Committee (ICC). During the selection for the O&M private partner, the Consultant shall assist the Technical Working Group (TWG) of the BCDA Bids and Awards Committee (BAC).
4. OBJECTIVES OF CONSULTING SERVICES
The objectives of the Consulting Services are (a) to monitor and ensure that the implementation of the turnkey project is according to the operational specifications and requirements set forth in Section VI. Employer’s Requirements of the Bidding Documents for the EPCC/Turnkey Contract for SCRP (attached herewith as Appendix II), and (b) to provide TAS for the selection of the private partner (railway operator) for the O&M of the railway line.
5. SCOPE OF CONSULTING SERVICES
5.1. General. The Consultant shall act on the Employer’s behalf, carry out the duties assigned to it, and exercise the authority delegated to it. It shall fulfill its obligations using its technical expertise according to the best accepted professional and industry standards. It shall exercise all reasonable skill, care, diligence, and prudence in discharging its duties and shall always work in the best interest of the Employer. It shall deploy to the Project its technical staff with sufficient qualification and experience to ensure the full and satisfactory accomplishment of the required Consulting Services.
5.2. As Employer’s Representative. The Consultant shall monitor, certify, and ensure that the implementation of the turnkey project is according to the operational specifications and requirements set forth in the Employer’s Requirements. Among the scope of the Consulting Services shall include, but not limited, to the following:
5.2.1. Project Management and Coordination. The Consultant shall support the Employer in the project management and coordination of the Project, and shall:
a. prepare and implement coordination procedures;
b. prepare and implement project control procedures;
c. prepare and implement document control procedures; and
d. propose IT (information technology) setup in the project and satellite offices.
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5.2.2. Contract Management. The Consultant shall support the Employer in the contract management of the Project and shall:
a. prepare correspondence to the Contractor;
b. manage claim control; and
c. manage change control.
5.2.3. Permits and Approvals. The Consultant shall:
a. provide assistance to the Contractor with all permits, permissions, and/or approvals for the Works already obtained by the Employer; and
b. assist the Contractor in obtaining all other necessary permits/approvals from relevant authorities.
5.2.4. Right of Access to Project Site. The Employer, through the Consultant, shall give the Contractor right of access to and possession of all or parts of the project site in accordance with the schedule of right of access.
5.2.5. Setting Out. The Consultant shall liaise with the Contractor for monitoring the setting out information to set out the Works in relation to the schedule of right of access vis-à-vis the ROW acquisition schedule of the Employer.
5.2.6. Project Site Data and Items of References. The Employer, through the Consultant, shall make available to the Contractor all relevant data in the Employer’s possession on the topography, sub-surface, hydrological, climatic, and environmental conditions of the project site.
5.2.7. Health and Safety. The Consultant shall:
a. monitor the Contractor’s compliance to the Plan;
b. receive reports of details of any accident from the Contractor; and
c. maintain records and make reports concerning the health and safety of persons and any damage to property.
5.2.8. Environment. The Consultant shall:
a. certify the Contractor’s Environmental Management Plan (EMP);
b. ensure that the Contractor meets the conditions and requirements identified in the Environmental Compliance Certificate (ECC) for the Project;
c. certify the Contractor’s Tree Cutting Plan and assist it in obtaining the Tree Cutting Permits from relevant authorities; and
d. assist in resolving environmental issues associated with the Project.
5.2.9. Stakeholder Coordination. During implementation of the Project, continuous coordination will be required with various government authorities and local
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government units (LGUs) for resolution of issues related to the Project. The Employer will be the main coordinating agency and the Consultant shall assist the Employer, wherever required, to provide technical support by way of data, drawings, sketches, and other technical aspects of the issues.
5.2.10. Detailed Design. The Consultant shall:
a. review the detailed design submissions prepared by the Contractor and ensure its compliance with the functional requirements, design codes, design requirements, rolling stock and system requirements, material specifications, and maintenance and workmanship specifications of the Project that are stated in the Employer’s Requirements;
b. either (i) issue a No Objection Certificate to the detailed design submissions after finalization by the Contractor and incorporating therein the corrections and/or modifications, or (ii) give a notice to the Contractor that its detailed design submissions fail to comply with the Employer’s Requirements and/or the Contract; and
c. support the Employer by taking necessary measures to assure that the design incorporates accessibility for physically challenged people to comply with the local law and general public expectations.
5.2.11. Overall Construction Supervision. The Consultant shall certify the Contractor’s Works in progress and identify any schedule or coordination conflicts, recommend measures to resolve or mitigate problems, and implement the recommended measures with the approval of the Employer. The Employer may issue to the Contractor instructions which may be necessary for the execution of the Works, duly monitored by the Consultant.
5.2.12. Programme. The Consultant shall:
a. certify and recommend approval to the Employer the Contractor’s Programme, including updated or revised programme(s), and monitor the progress of the Contractor’s Works;
b. certify and recommend approval to the Employer the Contractor’s monthly work accomplishment; and
c. advise the Employer of any change to the Contractor’s Programme where this will have an impact on the completion dates of the different components of the Works.
5.2.13. Monthly Progress Reports. The Consultant shall certify and approve the Contractor’s Monthly Progress Reports and take appropriate action, including apprising the Employer, as deemed necessary.
5.2.14. Minutes of Meetings. The Consultant shall:
a. review and certify the minutes of all meetings prepared by the Contractor, after which all agreed minutes shall be signed off; and
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b. keep a record of all minutes of meetings.
5.2.15. Key Personnel. The Consultant shall:
a. certify and recommend approval to the Employer the deployment of the key personnel to be provided by the Contractor; and
b. certify and recommend approval to the Employer any proposed replacement of the Contractor’s key personnel only if their relevant qualifications and abilities are equal to or better than those of the key personnel listed on the Technical Proposal.
5.2.16. Materials, Goods, and Equipment. The Consultant shall:
a. receive notices from the Contractor before any major goods or equipment will be delivered to the project site;
b. certify and recommend approval to the Employer if the Contractor shall remove from the project site any major goods or equipment;
c. certify and recommend approval to the Employer all goods and equipment for the Works upon examination, inspection, measurement, and testing for its endorsement prior to using them by the Contractor;
d. check, certify, and recommend acceptance to the Employer the country of origin of all goods and equipment used for the Project;
e. examine, inspect, measure, test, certify, and recommend approval to the Employer samples of materials received from the Contractor for consent prior to using them for the Works;
f. examine and inspect sources of materials; and
g. give notice to the Contractor on materials, goods, or equipment that has been found to be defective and review the Contractor’s proposal for replacement or remedial work.
5.2.17. Building Information Modelling System. The Employer intends to establish and implement a building information modelling (BIM) system for the Project. The Consultant shall assist and coordinate with the JPMO to evaluate the requirements and provide technical and financial advices on the BIM system as provided by the Contractor on the required level of details (LOD) in 3D (three-dimension) to enable effective clash analysis during the design and construction stages, as well as its requirements on LOD for the operation phase.
5.2.18. Project Information Management System. The Employer is planning to implement a project information management system (PIMS) by adopting a suite of engineering project collaboration software of a single and common platform to help the JPMO to manage, share, and distribute engineering project content and review. The Consultant shall assist the JPMO and coordinate with the Contractor who shall provide such PIMS platform to set up the platform,
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manage its implementation, monitor its progress, and ensure that the project information flows under the adopted PIMS is effectively implemented.
5.2.19. Interface Coordination. The Consultant shall:
a. review the Contractor’s Interface Management Plan;
b. assist the Contractor in providing all necessary information to the interfacing party (i.e. utility company, contractor of adjacent project, etc.) for obtaining the consent for any proposed diversion, access, service interruption, or other interface requirements; and
c. assist the Contractor in resolving problems encountered with any interfacing party.
5.2.20. Traffic Management. The Consultant shall certify the Contractor’s Traffic Management Plan (TMP) and assist it in obtaining the permits from relevant authorities.
5.2.21. Payment Certificates. The Consultant shall check, review, and certify the Contractor’s payment certificates.
5.2.22. As-Built Records. The Consultant shall check and certify as-built drawings for the Works designed and constructed by the Contractor.
5.2.23. O&M Manuals. The Consultant shall check and certify the O&M manuals prepared by the Contractor.
5.2.24. Spares. The Consultant shall check and certify the Contractor’s Spares Delivery and Storage Plan and monitor its compliance.
5.2.25. Quality Assurance/Quality Control. The Consultant shall:
a. implement a quality assurance/quality control (QA/QC) system for the Project;
b. review and certify the Contractor’s QA/QC Plan;
c. examine, inspect, measure, and test the materials and workmanship of the Contractor’s Works; and
d. receive the Contractor’s reports on its regular internal audits of its QA/QC system.
5.2.26. Risk Management. The Consultant shall
a. assist the Employer in reviewing the Project Risk and Hazard Assessment Register (the Register) as provided in the Employer’s Requirement and certify the Contractor’s compliance thereto; and
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b. review and certify appropriateness of all subsequent updates of the Register from the Contractor, including the updating of the Register as requested by the Employer.
5.2.27. Testing and Commissioning. The Consultant shall:
a. review and certify the Contractor’s Testing and Commissioning Plan;
b. witness on-hand examination of all testing done by the rolling stock and systems manufacturer, certify the examination, and report all the attendance and examination to the Employer;
c. establish requirements for testing and commissioning, and oversee the Contractor’s activities;
d. assist the Contractor by giving all necessary advice for the conduct of the tests;
e. assist in the rectification by the Contractor when shortfalls or defects are found during the tests;
f. keep close coordination with the manufacturers who will follow the design, manufacture, installation, testing, and commissioning of all plant, equipment, rolling stock, signaling, telecommunication, power supply and control equipment, etc.; and
g. advise the Employer on the final acceptance of the system based on the results of the prototype, serial, and/or system test.
5.2.28. Training. The Consultant shall review and certify the Contractor’s O&M Training Plan and monitor its compliance.
5.2.29. Public Relations. The Consultant shall:
a. coordinate with the Employer in developing a public relations strategy; and
b. assist the JPMO in preparing public consultation and briefing materials.
5.2.30. Taking-Over Certificate. The Consultant shall certify the Taking-Over Certificate of the Contractor for the Works completed in accordance with the Contract.
5.2.31. Defects Notification Period. The Consultant shall:
a. review the Contractor’s Defects Notification Period (DNP) Management Plan;
b. supervise the inspections during the DNP; and
c. manage, supervise, and inspect the rectification of defects during the DNP.
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5.2.32. Trial Running. The Consultant shall make arrangements with the Railway Operator for the conduct of the Trial Running.
5.2.33. Performance Certificate. The Employer, through the Consultant, shall issue the Performance Certificate to the Contractor after the expiry of the DNP and after the completion of all rectification of defects.
5.2.34. Archaeological and Geological Findings. The Consultant shall receive, inspect, and/or investigate, and in behalf of the Employer, take custody of all fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the project site.
5.2.35. Variation Proposals. The Consultant shall:
a. check and review the Contractor’s variation proposal(s);
b. prepare the Employer’s variation proposal(s) that will be executed by the Contractor; and
c. certify all variation proposal(s) that will be executed by the Contractor.
5.2.36. Value Engineering. The Consultant shall review any written proposal which will, if adopted, (i) accelerate completion, (ii) reduce the cost to the Employer of executing, maintaining, or operating the Works, (iii) improve the efficiency or value to the Employer of the completed Works, or (iv) otherwise be of benefit to the Employer. The Employer, through the Consultant, shall certify and give notice to the Contractor of the Employer’s consent or otherwise to the proposal.
5.2.37. Extension of Time. The Consultant shall determine the validity of any request for Extension of Time (EOT) and issue its findings to the Contractor.
5.2.38. Exceptional Events. For the avoidance of doubt, the Employer, through the Consultant, shall have the authority to suspend the work wholly or partly by written order for such period as may be deemed necessary, due to an Exceptional Event.
5.2.39. Termination. After the issuance of the notice for termination of the Contract either by the Employer or the Contractor, the Consultant shall determine the value of the Works, materials, goods, and any other sums due to the Contactor for work executed in accordance with the Contract. Payment shall be made net of any deductible amount in accordance with the Contract.
5.2.40. Dispute. The Consultant shall assist the Employer during arbitration proceedings and coordinate with the standing Dispute Adjudication Entity appointed by the Employer for the Project.
5.3. Transaction Advisory Services. The Consultant shall provide TAS for the selection of the private partner (railway operator) for the O&M of the railway line. Among the scope of the Consulting Services shall include, but not limited, to the following:
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5.3.1. O&M Study. The Consultant shall conduct the O&M Study that will determine the viable PPP mode of implementation. The term “Project”, as used in this Sub-Section, will mean the O&M aspects only for SCR and does not include the EPCC aspects of SCRP. The tasks include the following:
5.3.1.1. Technical Aspects.
a. Review the freight and passenger operation aspects of the previous Feasibility Study for the SCRP.
b. Carry out a detailed assessment of the current state of freight and passenger operation within the study area through the conduct of traffic surveys, such as traffic volume counts, origin and destination (O/D) surveys, freight profile surveys, etc.
c. Conduct a thorough freight and passenger demand estimation/analysis for SCR covering, among others, the details on the methods and parameters used in the projection. Aside from estimating the freight and passenger traffic demand for the current year, traffic demand should be forecasted for horizon years 2030, 2040, and 2050.
d. The passenger traffic demand forecasted in the previous Feasibility Study indicated that passenger operation was not viable due to low passenger traffic demand. Based on its passenger traffic demand projection, the Consultant must determine whether it will still be viable to include passenger operation and at what year during the operation period will it be introduced.
5.3.1.2. Economic and Financial Aspects.
a. Prepare the base case project cost estimates disaggregated into capital expenditures (CAPEX), O&M costs, taxes, contingencies, etc. CAPEX will consist of the cost of the rolling stock, signalling equipment, telecommunication equipment, and maintenance equipment provided by the EPCC Contractor which will ultimately be paid for by the railway operator.
b. Develop cost recovery options and alternative revenue generation and/or viability gap funding (VGF) required from government to ensure that the Project is sustainable.
c. Carry out a value for money (VFM) analysis using a public service comparator.
d. Conduct an independent market assessment of potential local and foreign investors’ interest in the Project.
e. If necessary, conduct an economic analysis, including estimation of the economic costs and benefits for the Project, calculation of the economic internal rate of return (EIRR), and
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sensitivity analysis as required for obtaining NEDA ICC and Board approval.
f. Conduct a financial analysis, including determination of financial internal rate of return (FIRR) and appropriately discounted net present value (NPV) for both project and equity perspectives. The financial analysis model should be designed to provide for project structuring options, including the imposition of appropriate project financing constraints, including, but not limited to, debt service coverage ratio (DSCR) caps which optimize scenarios for the disbursement of available projected cash flows to potential project creditors. The financial analysis model should have capabilities to perform sensitivity analysis for the purpose of quantifying the financial impacts of different structuring options.
g. Develop a full financial model and financing plan, including timelines for implementation and funds flow requirements. The financial model should include, but not limited to, (i) travel demand forecasts, tariff modeling, shadow bid model and bid pricing analysis model, etc., (ii) financial models for achieving financial close, and (iii) financial model for implementation, based on the project capital structure, project implementation schedule and funding structure, among others.
h. Formulate an appropriate parametric tariff adjustment formula considering the impact of the said adjustment to all stakeholders, as necessary.
5.3.1.3. Legal and Institutional Aspects.
a. Assess current laws and policies to ascertain the validity and viability of the proposed PPP structure for the Project, including BCDA’s capacity to manage and monitor implementation of the Project, and recommend required changes to improve the governance of the same.
b. Develop measures to enhance the attractiveness of the Project from a financing perspective for the proposed PPP structure.
c. Review/validate “bankability” measures for the proposed PPP structure, such as fee payment mechanisms, performance guarantees, pre-conditions for a private operator to fulfill in meeting service obligations, default and risk clauses, and step- in rights of government.
d. Formulate the appropriate institutional arrangement for the Project taking into consideration the roles and responsibilities of BCDA and other agencies and stakeholders, especially Bureau of Customs (BOC) in setting up a single entry/exit clearance of
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goods using SCR for both SBFZ and CFZ instead of the current separate entry/exit clearance in SBFZ and in CFZ.
e. Review/validate all legal requirements relating to project implementation (compliance with related laws) and tariff setting (legal review to identify legal processes and impediments/requirements, including review of the regulatory framework, relevant jurisprudence and previous rulings, including Commission on Audit (COA) issuances that might have an impact on the Project), and suggest appropriate legal approaches to be undertaken in the implementation of the Project.
f. Assess government’s role in the Project, whether that role corresponds with the government’s legal obligations and maintains sufficient power to protect government’s interests.
g. Develop and provide details to the legal architecture and design of the transaction, identifying (i) the type of PPP contractual arrangement to be used under the BOT (Build-Operate-Transfer) Law, (ii) investment plan (how, where, and when investments will be made), and (iii) type of public sector support required, including terms and conditions, if any.
h. Assist in resolving legal issues associated with the management of the social, economic, and environmental impacts of the Project in a manner consistent with international best practices, including issues on resettlement and environmental consequences of the Project.
5.3.1.4. Environmental, Social, and Gender Aspects.
a. Conduct comprehensive environmental impact study and social risk assessment and analysis during O&M of SCR. The Consultant will make sure that all aspects related to environmental and social safeguards and necessary mitigation measures are integrated into the Project’s cost.
b. Conduct analysis and identification of gender issues and gaps that the Project must address using NEDA’s Harmonized Gender and Development Guidelines.
5.3.1.5. Risk Assessment.
a. Conduct project risk analysis to determine, assess, allocate, and manage risks, such as commercial (market risk), financial, political, economic, force majeure, and legal risks. The risk analysis should cover valuation, allocation, and mitigation measures.
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b. Based on the risk analysis, prepare a contingent liability model for BCDA that quantifies the contingent liabilities, how the same shall be managed, and the funding requirements. The Consultant should recommend mitigation mechanisms that may be adopted by the party identified to bear each of the identified risks. In doing so, assessment and applicability of various risk mitigation mechanisms should be carried out, including review of the extent to which the risks of the Project can be underwritten by commercial insurance cover and the likely cost of such cover.
5.3.1.6. PPP Options Development.
a. Review the experience of other countries in the O&M of (similar) freight railways under PPP and propose PPP modes of implementation (options) that will be analyzed;
b. Evaluate various PPP options for the Project where funding sources and mix, cost recovery mechanisms, among others, should be considered within the context of the amended Implementing Rules and Regulations (IRR) of the BOT Law.
c. Rank the PPP options based on pre-determined criteria with the end view of recommending the optimal PPP modality to be followed.
d. Provide clear details of the proposed PPP structure(s) along with a risk assessment matrix and likely impacts to BCDA, the private investor, and other stakeholders. The shall identify licensing, permitting, and other legal risks that need to be addressed and allocated for each PPP option.
e. To facilitate conduct of all the aforementioned tasks, organize consultation meetings with concerned stakeholders, including potential equity partners, investors, lenders, and guarantors. The conclusions drawn from said consultation meetings shall be taken into account in the preparation of the O&M Study and project structuring.
5.3.1.7. Final Financial Analysis and Project Structuring of the Recommended PPP Option. Depending on the optimal PPP modality, the Consultant will assess and recommend the most suitable structure for the Project and shall finalize, among others, the following:
a. Cost estimates;
b. Financial model and sensitivity analysis;
c. Legal and institutional requirements and processes, contract structure, and monitoring and management systems;
d. Financing plan and risk allocation and mitigation measures;
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e. Default mechanisms and arbitration procedures;
f. Environmental, social, and gender impacts and mitigation measures;
g. Stakeholder consultations, particularly with potential private sector investors;
h. Development of the final PPP structure;
i. Detailed timelines for the bid process until contract award; and
j. Post-bid and contract management frameworks.
5.3.2. NEDA ICC and Board Approval. Depending on the recommended PPP option, there might be a need to secure NEDA ICC and Board approval for its implementation. In this regard, the Consultant shall complete all the documentary requirements to be submitted to the NEDA ICC and Board, and assist BCDA to address all NEDA ICC concerns until the approval is accorded by NEDA ICC and Board. These documents are listed in Section 6.4 (Deliverables – Transaction Advisory Services) of this TOR.
5.3.3. Selection of O&M Private Partner. The Consultant shall prepare all the necessary documents to undertake a competitive and transparent bidding process for the selection of the O&M Private Partner, and provide support during the entire PPP bidding process until the award of the contract to a successful bidder, including drafting the TOR. The responsibilities of the Consultant include, among others, the following:
5.3.3.1. Bid Process Design. The Consultant shall recommend the appropriate bid strategy (i.e. develop a blueprint of the bid process and appropriate governance for the Project). The bid process design and the choice between a single-stage process vis-à-vis a two-stage process will be evaluated. The Consultant shall provide advice and justification on the best-value bidding parameter, including, but not limited to, least cost, least VGF for the government, and lowest average tariff.
5.3.3.2. Bid Documents. The Consultant shall prepare all necessary bid/tender documents, including the draft PPP Agreement, Information Memorandum (IM), Minimum Performance Specifications and Standards (MPSS), Request for Quotation (RFQ), Request for Proposal (RFP), bid bulletins, qualification and evaluation criteria, invitation to prequalification and to bid notice, including all appropriate Bid Forms such as Bid Letter, Statement of Bid, Technical Bid Proposal, Financial Bid Proposal, etc.
5.3.3.3. PPP Agreement. The Consultant shall prepare a draft PPP Agreement in close coordination with BCDA. Said draft PPP Agreement must take into account the agreed risk allocation regime and use best practice to maximize competition and ensure optimal
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pricing while protecting BCDA’s and the Project’s interests with a view to facilitate project implementation and manageability over the project term. The Consultant shall also assist BCDA in securing favorable opinion of the Office of the Government Corporate Counsel (OGCC) on the draft PPP Agreement.
5.3.3.4. Support during Bidding Process and Evaluation. The Consultant shall assist BCDA in the following activities:
a. preparation or collation of documents and data to be made available in the data room for prospective bidders;
b. issuance of all bidding-related notices/requests and supplemental notices;
c. conduct of the pre-bid conference;
d. conduct of bidding;
e. responding to queries upon proper consultation with BCDA;
f. pre-qualification of bidders;
g. evaluation of bids; and
h. contract finalization and award.
5.3.4. Assistance until Financial Close of the Selection Process. The Consultant shall provide all the required assistance and advisory support until the financial close of the selection process or a period of 180 days from the effective date of the PPP agreement signed with the selected O&M Private Partner, whichever is earlier. The Consultant shall assist BCDA in the following activities:
a. with all functions relating to the granting of approval on any issue to the O&M Private Partner or signing any agreement or any other document with the O&M Private Partner or assisting in providing interpretations relating to any matter until the financial close;
b. compile a comprehensive close-out report and case study, and incorporate any additional factors that may be required by BCDA (the close-out report will be a confidential document of BCDA and DOTr, while the case study will become a public document and made available to government agencies); and
c. in close liaison with BCDA and in accordance with the provisions of the PPP Agreement, draft a comprehensive PPP management plan to help BCDA in the management of the O&M of SCR and its risks, rights, and obligations after the financial close.
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6. DELIVERABLES
6.1. General. The Consultant shall prepare and deliver reports including but not limited to those provided hereunder. Each of such reports shall be reviewed and commented by the Employer within fourteen (14) calendar days of the receipt of the report. The Consultant shall thereafter revise and modify the report to comply with the Employer’s observations and resubmit not later than seven (7) calendar days of the receipt of such observations. Further, during the Consultant’s services, the Employer may, at any time, instruct the Consultant for further changes in these reports which the latter shall comply within seven (7) calendar days of such instruction.
6.2. Video Reports. The Consultant shall take aerial progress photos and videos to monitor site progress as additional reporting on the Project, using drones to navigate the Works.
6.3. As Employer’s Representative. The Consultant shall prepare the following reports and documents in hard and electronic copies using relevant software programs and submit to the Employer the required number of copies of the reports/documents and in the format acceptable to the Employer:
6.3.1. Inception Report. The Consultant shall submit six (6) copies of the Inception Report within twenty-one (21) calendar days from the commencement of services presenting technical appreciation of the service requirement and identifying both the overall work plan and the analytical steps to reach solutions. The report should provide the service methodology, approach, and details on the scope of the Consulting Services as listed in Section 5 (Scope of the Consulting Services) of this TOR.
6.3.2. Monthly Progress Reports. The Consultant shall submit six (6) copies of the Monthly Progress Report accounting for all works actually performed up to the end of the previous month. The monthly report shall be submitted by the fifth (5th) day of each calendar month in a format approved by the Employer and shall contain sections/sub-sections for, but not be limited to, the following topics:
a. Health and Safety,
b. Environment,
c. Stakeholder Coordination,
d. Detailed Design,
e. Overall Construction Supervision,
f. Programme,
g. Deployment of Personnel (Contractor and Consultant),
h. Materials, Goods, and Equipment,
i. Interface Coordination,
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j. QA/QC,
k. Risk Management,
l. Testing and Commissioning,
m. Trial Running,
n. DNP, and
o. Issues/Problems and Resolutions.
6.3.3. Technical Notes. The Consultant shall document all its reviews, coordinations, site/field investigations, and other activities in the form of technical notes with attached drawings, maps, test results, etc. The Consultant shall number these technical notes sequentially and submit six (6) copies.
6.3.4. Completion Reports.
6.3.4.1. Detailed Design Completion Report. The Consultant shall submit six (6) copies of the Detailed Design Completion Report, inclusive of all data and drawings pertaining to the execution of the Detailed Design for the Project which shall be submitted after the completion of all Testing and Commissioning and before the revenue operation of the SCR.
6.3.4.2. Works Completion Report. The Consultant shall submit six (6) copies of the Works Completion Report, inclusive of all data and drawings pertaining to the execution of the Works for the Project which shall be submitted after the completion of all Testing and Commissioning and before the revenue operation of the SCR.
6.3.4.3. Final Completion Report. The Consultant shall submit six (6) copies of the Final Completion Report, inclusive of all data and drawings pertaining to the execution of the remaining Works for the Project covering the DNP, the conduct of Trial Running, and any other activities which shall be submitted at the completion of the Contract.
6.4. Transaction Advisory Services. The Consultant shall prepare the following reports and documents in hard and electronic copies using relevant software programs and submit to the Employer the required number of copies of the reports/documents and in the format acceptable to the Employer:
6.4.1. O&M Study.
a. six (6) copies of the O&M Study;
b. if necessary, ICC Project Evaluation (PE) Forms for PPP projects and other documents that may be required by the ICC;
c. electronic copy of the financial analysis in traceable formula format;
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d. Environmental Impact Assessment (EIA)/Environmental Impact Statement (EIS) for O&M;
e. location map;
f. necessary bid documents for the selection of the O&M Private Partner; and
g. PPP Agreement.
6.4.2. TAS Completion Report. The Consultant shall submit six (6) copies of the TAS Completion Report, inclusive of all data and drawings pertaining to the execution of the TAS, covering the conduct of the O&M Study and assistance to BCDA (a) in securing NEDA ICC and Board approval and (b) for the selection of the O&M Private Partner, until the financial close.
7. OBLIGATIONS OF THE CONSULTANT
7.1. Responsibilities of the Consultant. Generally, but without limiting the Consultant’s responsibilities elsewhere stated under this TOR which shall form part of the Contract, the Consultant shall:
a. Accept full responsibility for the Consulting Services to be performed under this TOR; and
b. Perform the Consulting Services in an efficient and diligent manner.
7.2. Records. The Consultant shall keep accurate and systematic records and accounts with respect to the Consulting Services in such form and with such details as is customary and sufficient to establish accurately that the design, procurement. construction, and commissioning of the Contractor’s Works have been done according to the operational specifications and requirements set forth in the Employer’s Requirements.
7.3. Information and Progress Reports. In addition to the reports required in the TOR, the Consultant shall furnish BCDA monthly progress reports and any such information relative to the Consulting Services as BCDA may from time to time reasonably request and as the COA may require on post-audit.
7.4. Assignment and/or Sub-Contract. Except with prior written approval of BCDA, the Consultant shall neither assign nor sub-contract any part of the Consulting Services to any other person or firm.
7.5. Prohibition on Professional Engagement. No full-time staff of the Consultant during his assignment under the Contract shall, without the written consent of BCDA, engage directly or indirectly, either in his name or through the Consultant, in any activity in the Philippines which will conflict with the performance of his duties or assignment under the Contract.
7.6. Confidentiality. Except with the prior written consent of BCDA, the Consultant or its principals and staff shall not at any time communicate to any person or entity any information disclosed thereto for the purpose of the Consulting Services, nor shall the
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Consultant or its principals and staff make public any information as to the recommendations formulated in the course of or as a result of the Consulting Services.
7.7. Independent Contractor. Nothing contained herein shall be construed as establishing or creating between BCDA and the Consultant the relationship of employer and employee or principal and agent, it being understood that the position of the Consultant and anyone else performing the Consulting Services is that of an independent contractor.
8. OBLIGATIONS OF BCDA
8.1. Project Data. BCDA shall make available to the Consultant for reference all existing documents pertaining to the SCRP. Whenever practicable, BCDA shall provide assistance to the Consultant in securing data from concerned government agencies/offices. BCDA shall furnish the Consultant all available plans, drawings, and such other instructions or documents that may be needed for the effective performance of its duties.
8.2. Availability of Funds. Funds required for the performance of the Consulting Services in the amount of One Billion Five Hundred Twenty Million Five Hundred Thirty Four Thousand Four Hundred Pesos (₱1,520,534,400.00) is made available by BCDA through the issuance of Certificate of Budget Inclusion (CBI) for that purpose.
8.3. Evaluation of Consultant’s Outputs. BCDA shall review and evaluate the documents submitted by the Consultant as required herein.
9. MANNING REQUIREMENTS
9.1. General. The Consultant shall provide a team comprising qualified technical staff support, and administrative staff (not necessarily limited to those listed below) with satisfactory experience in implementing projects of similar nature and size. The Consultant shall provide the resources to fulfill the general requirements described in this TOR. The Consultant is required to have previous experience in the design and construction management supervision of railways.
9.2. Foreign Key Staff. Since some of the expertise needed might not be available or lacking in the Philippines, the Consultant has the option of providing foreign professionals for key positions as listed in the table below.
9.3. Working Hours. The Contractor is expected to work double or triple shifts on some sections of the Works, especially on the tunnel section. For these eventualities, the Consultant must be able to provide the necessary manpower to monitor the Works.
9.4. Minimum Qualifications and Experience. The Consultant’s key staff must have the following minimum qualifications and experience:
Key Staff Minimum Qualifications ▪ licensed CE/EE/ECE/ME ▪ Project Manager ▪ at least ten (10) years of general work experience
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▪ Deputy Project Manager (Design ▪ at least three (3) years of experience in same/similar Review) position in railway projects ▪ Terminal & Depot Facilities Engineer ▪ Freight O&M Specialist ▪ Systems Integration Engineer ▪ Quality Assurance/Quality Control Engineer 1 ▪ licensed CE ▪ Trackworks Engineer 1 ▪ at least ten (10) years of general work experience ▪ Trackworks Engineer 2 ▪ at least three (3) years of experience in same/similar position in railway projects ▪ licensed EE/ECE/ME ▪ Deputy Project Manager (Electro- ▪ at least ten (10) years of general work experience Mechanical Works) ▪ at least three (3) years of experience in same/similar ▪ Rolling Stock Engineer position in railway projects ▪ licensed ECE ▪ at least ten (10) years of general work experience ▪ Signalling Engineer ▪ at least three (3) years of experience in same/similar position in railway projects ▪ Deputy Project Manager (Civil Works) ▪ Permanent Way Engineer 1 ▪ Permanent Way Engineer 2 ▪ Tunnel Engineer ▪ licensed CE ▪ Bridge/Viaduct Engineer 1 ▪ at least ten (10) years of general work experience ▪ Bridge/Viaduct Engineer 2 ▪ at least five (5) years of experience in same/similar ▪ Hydrologist/Drainage Engineer 1 position in railway or road projects ▪ Hydrologist/Drainage Engineer 2 ▪ Quality Assurance/Quality Control Engineer 2 ▪ Quality Assurance/Quality Control Engineer 3 ▪ college graduate ▪ TAS/O&M Study Team Leader ▪ at least ten (10) years of experience in same/similar ▪ Transport Planner position ▪ Financial Specialist ▪ at least five (5) years of experience in preparing ▪ PPP Specialist feasibility studies
10. PROJECT DURATION
The duration of the Consulting Services being required under this TOR is sixty six (66) months: (a) forty two (42) months for supervision of EPCC and TAS, and (b) twenty four (24) months for DNP and Trial Running:
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Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Scope of Works Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22 Detailed Engineering Design Construction, Procurement, & Commissioning Defects Liability Period & Trial Running TAS - O&M Study TAS - Procurement of O&M Partner
11. APPROVED BUDGET FOR THE CONTRACT
The Approved Budget for the Contract (ABC) under this TOR is One Billion Five Hundred Twenty Million Five Hundred Thirty Four Thousand Four Hundred Pesos (₱1,520,534,400.00), inclusive of value-added tax (VAT) and all applicable taxes and fees. Bids received in excess of the ABC shall be automatically rejected during the opening of the financial proposal.
12. MODE OF PAYMENT
In consideration of the Consulting Services being required under this TOR, the Consultant shall be paid in the following manner:
a. An Advance Payment equivalent to half percent (0.5%) of the Contract Price shall be made upon written request from the Consultant and the submission and acceptance by BCDA of an irrevocable standby letter of credit of equivalent value from a commercial bank. The Advance Payment shall be recouped by BCDA by deducting an amount equal to ten percent (10%) of the value of invoice issued from the Progress Payments until the aforementioned Advance Payment shall have been fully recouped or recovered.
b. Progress Payments shall be made on a combination of (1) milestone billings based on tasks completed and reports submitted, and (2) monthly or quarterly progress billings, which will be calculated as follows:
i. Two percent (2%) of the Contract Price upon submission of the Inception Report.
ii. One percent (1%) of the Contract Price per month during the twelve (12) months for Design Review for a total of twelve percent (12%) of the Contract Price.
iii. Two percent (2%) of the Contract Price upon submission of the Detailed Design Completion Report.
iv. Two percent (2%) of the Contract Price upon submission of all deliverables for the TAS as enumerated in Section 6.4.
v. Two percent (2%) of the Contract Price upon submission of the TAS Completion Report.
vi. Total of seventy percent (70%) of the Contract Price during the thirty six (36) months for the construction, procurement, and commissioning works of the Project. The monthly progress billings shall be proportionate to the value of the actual work accomplished by the Contractor and acceptable to BCDA. The billing shall be accompanied by a certification issued by an authorized officer of BCDA certifying to the percentage of actual and acceptable works accomplished by the Contractor and
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that the amount being claimed by the Consultant is based on the percentage of accomplishment of the Contractor for the period. The final monthly progress billing must be accompanied with six (6) copies of the Works Completion Report.
vii. One percent (1%) of the Contract Price per quarter during the twenty four (24) months for DNP and Trial Running for a total of eight percent (8%) of the Contract Price. The final quarterly progress billing must be accompanied with six (6) copies of the Final Completion Report.
c. Two percent (2%) of the Contract Price as Final Payment shall be made upon the submission of the Final Billing together with the following documents:
i. Certificate of Completion issued by BCDA to the Consultant,
ii. Sworn statement that all liabilities incurred by the Consultant have been paid and that there are no outstanding liens, garnishments, attachments, or claims relative to the Project,
iii. Release and Quitclaim by the Consultant, in a form acceptable to BCDA, releasing BCDA from any further claims relating to the Consultancy Contract, and
iv. Such other documents that BCDA may require.
Consistent with the provisions of RA 9184, all consultancy contracts shall be fixed price contracts. Any extension of contract time shall not involve any additional cost.
13. SHORT LISTING OF PROSPECTIVE BIDDERS
The BAC shall draw up the short list of consultants from those who have submitted Expressions of Interest (EOIs) and the Eligibility Documents, and have been determined as eligible. The short list shall consist of at most five (5) prospective bidders who will be entitled to submit bids. The criteria and rating system for short listing are as follows:
1. Relevant Experience of the Consultant 40% 2. Qualification of the Key Staff to be Assigned to the Project 50% 3. Current Workload of Key Staff Relative to Capacity 10% Total 100%
The Consultant must pass the required minimum score of seventy percent (70%) to be short listed. Minimum ten (10) years of relevant experiences is required. Relevant experiences in rail projects will be given greater score compared to relevant experiences in road projects. Failure of the Consultant to meet the specified requirement would result to a zero (0) rating for the specific criterion.
14. DETERMINATION OF THE HIGHEST RATED BID
The short listed bidders shall be subjected to evaluation to determine the bidder with the Highest Rated Bid (HRB) using the Quality-Cost Based Evaluation (QCBE) procedure wherein the technical and financial proposals shall be given a corresponding weight
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equivalent to 75% and 25%, respectively. The technical proposals shall be evaluated using the criteria and rating:
1. Experience and Capability of the Consultant 40% 2. Quality of Key Staff to be Assigned to the Project 30% 3. Plan of Approach and Methodology 30% Total 100%
Experiences in rail projects will be given greater score compared to experiences in road projects. The financial proposal with the lowest bid amount shall be given the full weight of twenty-five percent (25%) with the other financial proposals given their corresponding weight pro-rated based on the financial proposal with the lowest bid amount.
15. PERFORMANCE SECURITY
15.1. Purpose. To guarantee the faithful performance by the winning Consultant of its obligations, it shall post a performance security within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from BCDA and in no case later than the signing of the Contract.
15.2. Amount and Form. The performance security shall be denominated in Philippine Pesos and posted in favor of BCDA in an amount not less than the percentage of the total contract price in accordance with the following schedule:
Amount of Performance Security (not less than the Percentage of Form of Performance Security the Total Contract Price) a) Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank; b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Five percent (5%) Commercial Bank; provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank; and/or c) Surety bond callable upon demand issued by a surety or insurance company duly Thirty percent (30%) certified by the Insurance Commission as authorized to issue such security.
15.3. Forfeiture. The Performance Security shall be forfeited in favor of BCDA should the Consultant fail to fulfill any of its obligations under the TOR or the Contract. Additional penalties may also be imposed upon the Consultant for such failure.
16. STANDARD OF SERVICES
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16.1. Technical Expertise. The Consultant shall fulfill its obligations under the Contract by using its technical expertise and according to the best-accepted professional and industry standards. The Consultant shall exercise all reasonable skill, care, diligence, and prudence in the discharge of the duties agreed to be performed and shall always work in the best interest of BCDA. To attain these, the Consultant shall provide personnel with sufficient qualifications and experience to ensure the full and satisfactory accomplishment of the required Consulting Services.
16.2. BCDA Instructions and Directions. The Consulting Services shall be conducted by the Consultant in accordance with the instructions or directions made or to be made by the BCDA at any time before its completion. The Consultant shall conduct regular consultation with BCDA in relation to the undertaking of its responsibilities.
17. GENERAL TERMS AND CONDITIONS
17.1. Delay, Extension of Time, and Force Majeure. Any delay on the agreed completion date from failure of performance by either of the Party shall not constitute a default hereunder nor shall give rise to any claim if such delay or failure is wholly attributable to acts of God, any act of sabotage, war, armed invasion, revolution, insurrection, blockade, riot, declaration of national emergency, industry-wide strike, or any other cause beyond the reasonable control of either Party, or which cannot be avoided by the Consultant or BCDA despite the exercise of due diligence.
Within ten (10) days from the occurrence of such event, the Party affected shall notify in writing the other Party of such event of force majeure and of the obligations or part of the works the performance of which is affected by such force majeure. Immediately after such notification, the parties shall meet to discuss and agree on the appropriate steps/measures to be taken to minimize the effect(s) of the force majeure; provided that the party affected shall be entitled to an extension of the contract time for the number of days of the delay incurred by reason of the causes above mentioned.
17.2. Ownership of Reports and Documents. The reports, maps, drawings, documents, and materials compiled or prepared in the course of the performance of the Consulting Services are and shall remain the absolute properties of BCDA and shall not be used by the Consultant for purposes unrelated to the Consulting Services without the prior written approval of BCDA. Any equipment supplied by the BCDA, or for which payments are made or reimbursed, shall become and remain the property of BCDA.
17.3. Representation and Warranties. The Parties hereby represent and warrant that no government official has benefitted directly or indirectly from this Consulting Services. The Parties warrant that they have not offered or given, and will not offer or give to any employee, agent, or representative of either Party, any gratuity, with a view toward securing any business from one another, or influencing such persons with respect to terms, conditions, or performance of any contract with each other.
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