CONSULTING SERVICES FOR MRT3 SYSTEM - dotr.gov.phdotr.gov.ph/images/Public_Bidding/Consulting... · The DOTC-MRT3 now calls for the submission of Expression of Interest and Eligibility

Consulting Services for MRT3 System Page 1 of 36

Philippine Bidding Documents

(As Harmonised with Development Partners)

Procurement of

CONSULTING

SERVICES

FOR MRT3 SYSTEM (Re-Bid)

PART I

Government of the Republic of the Philippines

Fourth Edition

December 2010


TABLE OF CONTENTS

Section I. Request for Expression of Interest................ 3

Section II. Eligibility Documents ................................. 6

Section III. Eligibility Data Sheet .............................. 14

Section IV. Terms of Reference.................................. 21

Section V. Bidding Forms ......................................... 31


Section I. Request for Expression of Interest


Republic of the Philippines

DEPARTMENT OF TRANSPORTATION AND COMMUNICATION The Columbia Tower

Barangay Wack-Wack, Ortigas Avenue Mandaluyong City

REQUEST FOR EXPRESSION OF INTEREST FOR

CONSULTING SERVICES

FOR MRT3 SYSTEM (Re-Bid)

____________________________________________________________________________ The Department of Transportation and Communications – Metro Rail Transit (DOTC-MRT3)

through the General Appropriations Act of 2015, intends to apply the sum of FIFTY

MILLION PESOS (Php 50,000,000.00) being the Approved Budget for the Contract (ABC),

to payments under the contract for the Consulting Services for the MRT3 System under the MRT3 Rehabilitation and Capacity Expansion Projects. Bids received in excess of the ABC shall be automatically rejected at the opening of the financial proposals.

Interested consultants must submit their Eligibility Documents on or before 25 March 2015 at 10:00 A.M. at the Support Staff Room, 2nd Floor, MRT3 Depot, EDSA corner North Ave.,

Brgy. Pag-asa, Quezon City. Applications for eligibility will be evaluated based on a non-discretionary “pass/fail” criteria.

A Pre-Eligibility Conference shall be conducted on 12 March 2015 at 10:00 A.M. at the

Conference Room, 2nd Floor, MRT3 Depot, EDSA corner North Ave., Barangay Pag-asa, Quezon City. Any interested bidder may attend said pre-eligibility conference and raise

clarifications and queries pertinent to the eligibility requirements.

The Eligibility Documents and Eligibility Data Sheet shall be available at the BAC Secretariat Office at the Support Staff Room, 2nd Floor, MRT3 Depot, EDSA corner North Ave., Barangay

Pag-asa, Quezon City, upon submission of an Expression of Interest and payment of Five

Thousand Pesos (Php 5,000.00).

Bidding will be conducted through open competitive bidding procedures using non-discretionary “pass/fail” criteria as specified in the Revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184, otherwise known as the “Government

Procurement Reform Act”.

Bidding is open to all interested bidders, whether local or foreign, subject to the conditions for

eligibility provided in the Revised IRR of RA No. 9184.

The Procuring Entity shall evaluate bids using the Quality-Cost Based Evaluation/Selection (QCBE/QCBS) procedure. For this purpose, the Technical and Financial proposals shall be

given weights at Seventy Percent (70%) and Thirty Percent (30%), respectively, comprising a total of One Hundred Percent (100%). The criteria and rating system for the evaluation of bids

shall be provided in the Instructions to Bidders.


The DOTC-MRT3 now calls for the submission of Expression of Interest and Eligibility Documents for the services of a Consultant for the MRT3 System.

The DOTC-MRT3 Bids and Awards Committee (BAC) for MRT3 Rehabilitation and Capacity Expansion Projects shall draw up the short list of consultants from those who have submitted

Expression of Interest and Eligibility Documents and have been determined as eligible in accordance with the provisions of RA No. 9184 and its Revised IRR. The short list shall consist of not more than five (5) prospective bidders who will be entitled to submit bids.

Should less than the required number apply for eligibility and short listing pass the eligibility check, and/or pass the minimum score required in the short listing, the BAC shall consider the

same. Applicants must collect a minimum weighted score of Seventy (70) Points to qualify for short listing.

The criteria and rating system for short listing are:

1. Applicable experience of the consultant and members in case of joint ventures, considering both the overall experiences of the principal and key staff, including the

times when employed by other consultants – thirty percent (30%);

2. Qualification of personnel who may be assigned to the job vis-à-vis extent and complexity of the undertaking – fifty percent (50%); and

3. Current workload relative to capacity – twenty percent (20%).

The DOTC-MRT3 reserves the right to reject any and all bids, annul the bidding process, or not

award, without thereby incurring any liability to the affected bidder or bidders.

For further information, please refer to:

ENGR. OFELIA D. ASTRERA Head, Bids and Awards Committee Secretariat MRT3 Rehabilitation and Capacity Expansion Projects Department of Transportation and Communications Support Staff Room, 2

nd Floor, MRT3 Depot

EDSA corner North Avenue, Barangay Bagong Pag-asa, 1105 Quezon City TeleFax No.: (+63 2) 926-4465 Email Address: [email protected] Websites: www.dotcmrt3.gov.ph

www.dotc.gov.ph

Issued this 3rd

day of March 2015.

(SGD.) ASEC. JOSE ERNESTO B. GAVIOLA Chairman, Bids and Awards Committee

MRT3 Rehabilitation and Capacity Expansion Projects

mailto:[email protected]

http://www.dotcmrt3.gov.ph/


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, and of which at least sixty percent (60%) interest belongs to citizens of the

Philippines; or

(e) Persons/entities forming themselves into a joint venture, 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 joint venture as specified in their 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 EDS.

1.3. If the Request for Expression of Interest allows participation of foreign consultants, prospective foreign bidders may be eligible subject to the

qualifications stated in the EDS.

1.4. Government corporate entities 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 dependent agencies of the GOP or the Procuring Entity.

2. Eligibility Requirements

2.1. The following eligibility requirements 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

(i) Registration certificate from Securities and Exchange

Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority

(CDA) for cooperatives, or any proof of such registration as stated in the EDS;

(ii) Mayor’s permit issued by the city or municipality where the

principal place of business of the prospective bidder is located;

(iii) Current and valid Tax Clearance per Executive Order No. 398,

Series of 2005, as finally reviewed and approved by the BIR.

Technical Documents

(iv) Statement of the prospective bidder of all its ongoing

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, and at least one (1) completed contract compliant with the track record requirement specified in the EDS, within the relevant period

provided in the EDS. The statement shall include, for each contract, the following:

(iv.1) the name and location of the contract;

(iv.2) date of award of the contract;

(iv.3) type and brief description of consulting services;

(iv.4) consultant’s role (whether main consultant, subcontractor, or partner in a JV)

(iv.5) amount of contract;

(iv.6) contract duration; and

(iv.7) certificate of satisfactory completion or equivalent

document specified in the EDS issued by the client, in the case of a completed contract;

(v) 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.


Financial Document

(vi) The consultant’s audited financial statements, showing, among

others, the consultant’s total and current assets and liabilities, stamped “received” by the BIR or its duly accredited and

authorized institutions, for the preceding calendar year which should not be earlier than two (2) years from the date of bid submission.

(b) Class “B” Documents –

Valid joint venture agreement (JVA), in case a joint venture is already

in existence. In the absence of a JVA, duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is

successful, shall be included in the bid. Failure to enter into a joint venture in the event of a contract award shall be ground for the

forfeiture of the bid security. Each partner of the joint venture shall submit the legal eligibility documents. The submission of technical and financial documents by any of the joint venture partners constitutes

compliance.

2.2. In the case of foreign consultants, the foregoing eligibility requirements under

Class “A” Documents may be substituted by the appropriate equivalent documents, if any, issued by the foreign consultant’s country.

2.3. The eligibility requirements or statements and all other documents to be

submitted to the BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines

must accompany the eligibility requirements under Classes “A” and “B” Documents if they are in other foreign language.

2.4. 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, subcontractors may

only participate in the bid of one 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.

2.5. If a prospective bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above-

enumerated Class “A” Documents, the said certification may be submitted in lieu of the requirements enumerated in Clause 2.1 above.

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, except for un-amended printed literature, shall be

signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the prospective bidder.

3.4. Any interlineations, erasures, or overwriting shall be valid only if they are

signed or initialed by the duly authorized representative/s of the prospective bidder.

4. Sealing and Marking of Eligibility Documents

4.1. Unless otherwise indicated in the EDS, prospective bidders shall enclose their original eligibility documents described in Clause 2.1, in a sealed envelope

marked “ORIGINAL – ELIGIBILITY DOCUMENTS”. Each copy of 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 indelible 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. If the eligibility documents are not sealed and marked as required, the

Procuring Entity will assume no responsibility for its misplacement or 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.

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 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. A prospective bidder that withdraws its eligibility documents shall not be permitted to submit another set, directly or indirectly, for the same project.

8. Opening and Preliminary Examination of Eligibility Documents

8.1. The Procuring Entity’s 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.

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. If the withdrawing prospective bidder’s

representative is present during the opening, the original eligibility documents and all copies thereof shall be returned to the representative during the

opening of eligibility documents. If no representative is present, the eligibility documents shall be returned unopened by registered mail.

8.3. A prospective bidder determined as “ineligible” has seven (7) calendar days

upon written notice or, if present at the time of the opening of eligibility


documents, upon verbal notification, within which to file a request for reconsideration with the BAC: Provided, however, that the request for

reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the prospective bidder concerned: Provided,

further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed prospective bidder signifies his intent to file a request for reconsideration, in the case of a

prospective bidder who is declared ineligible, the BAC shall hold the eligibility documents until such time that the request for reconsideration or

protest has been resolved.

8.4. 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.

8.5. 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 of the Procuring Entity 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 Letter of Invitation to Bid issued by the BAC of the

Procuring Entity.

9.4. Only bids from short listed bidders shall be opened and considered for award

of contract. These short listed bidders, whether single entities or JVs, should confirm in their bids that the information contained in the submitted eligibility documents remains correct as of the date of bid submission.

Consultancy Services for MRT3 Page 14 of 36


Section III. Eligibility Data Sheet



Eligibility Data Sheet

Eligibility

Documents

1.2 Refer to the Terms of Reference on the professional licensing requirement of listed required Key Experts.

Those that will be practicing regulated professions must be registered Filipino professionals authorized by the appropriate regulatory body to practice those professions. Those who are not Filipinos may secure Special Temporary Permits (see: http:www.prc.gov.ph/international/?id=35).

The requirement for a Special Temporary Permit shall only apply if the foreign individual will sign any document or report required by law, policy or regulation to be signed by a registered professional.

If any document or report is required by law, policy or regulation to be signed by a registered professional, then the expert signing such document or report must be a nominated key expert and must comply with the requirements provided in the EDS.

Please refer to the website of the Professional Regulation Commission for more information (http://www.prc.gov.ph/default.aspx).

1.3 A. Foreign Consultants

Foreign Consultants may participate in the project upon proper compliance with Section 24.3.3 (a) (b) of the Revised IRR of R.A. No. 9184, specifically:

a) Must be registered with the SEC and/or any agency authorized by the laws of the Philippines; and

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 professions: Provided, however, that the limits of such authority shall be strictly observed.

The registration with the SEC and/or any agency authorized by laws of the Philippines, can be through registration of incorporation with the SEC; or, registration with the SEC as a branch office or such other local office allowed to be established under Philippine laws.

If a foreign firm which will participate on its own (and not through a joint venture) is registered through incorporation with the SEC, then such foreign firm should submit all the required Class “A” documents. The said relevant Class “A” documents are those obtained from or filed with the pertinent Philippine government agencies. Class “A” Documents include the following:



Legal Documents

1. SEC registration;

2. Mayor’s Permit; and

3. Tax Clearance.

Financial Documents

1. Audited financial statements showing among others, the consultant’s total and

current assets and liabilities, stamped received by the BIR or its duly accredited

authorized institutions, for the preceding calendar year which should not be

earlier than two (2) years from date of bid submission.

If a foreign firm which will participate on its own (and not through a joint venture) is registered with the SEC as a branch office or such other local office allowed to be established under Philippine laws, then such foreign firm, should submit all the required Class “A” Documents including the Financial and Legal Documents stated above. For the Financial Documents, such foreign firm may submit the equivalent of the audited financial statement for the preceding calendar year, which should not be earlier than two (2) years from the date of bid submission, duly submitted to the relevant government authority of the said foreign firm.

B. Joint Venture Involving Foreign Firms

If the total foreign participation in the joint venture is forty percent (40%) or less, then the foreign firm need not register with the SEC and/or any agency authorized by the laws of the Philippines. In such case, the foreign member(s) must submit all the required Class “A” documents or their foreign equivalent.

Notwithstanding the foregoing, the Tax Clearance must be issued by the Philippine BIR in accordance with the Government Procurement Policy Board (GPPB) NPM 045-2013, which states that a Delinquency Verification Certificate issued by the Philippine BIR may be submitted as a Tax Clearance by Non-Resident Foreign Corporations or Non-Resident Aliens Not Engaged in Trade or Business.

If the total foreign participation in a joint venture is more than forty percent (40%), then the foreign firm must be registered with the SEC and/or any agency authorized by the laws of the Philippines.

If a foreign firm is registered through incorporation with the SEC, then such foreign firm should submit all the required Class “A” Documents. The said relevant Class “A” Documents are those obtained from or filed with the pertinent Philippine government agencies. Class “A” Documents include the following:

Legal Documents

1. SEC registration;

2. Mayor’s Permit; and



3. Tax Clearance.

Financial Documents

1. Audited financial statements showing among others, the consultant’s total and

current assets and liabilities, stamped received by the BIR or its duly accredited

authorized institutions, for the preceding calendar year which should not be

earlier than two (2) years from date of bid submission.

If a foreign firm is registered with the SEC as a branch office or such other local office allowed to be established under Philippine law, then such foreign firm should submit all the required Class “A” Documents including the Legal and Financial Documents stated above.

The Financial Documents may be the equivalent of the audited financial statement for the preceding calendar year which should not be earlier than two (2) years from date of bid submission duly submitted to the relevant government authority of the foreign firm concerned.

The eligibility requirements or statements, the bids, and all other documents to be submitted to the BAC must be in English. A translation of the documents in English certified by the appropriate embassy or consulate in the Philippines must accompany the eligibility requirement under Class “A” and “B” Documents if they are in a foreign language other than English.

C. Other Matters

If there are no appropriate equivalent documents in the country of the foreign bidder concerned, a certification under oath to that effect shall be submitted by the bidder. If executed abroad, the certification must be duly authenticated by the Philippine embassy/consulate where said certification was executed.

The foreign documents, where applicable, must be submitted duly authenticated by the Philippine embassy/consulate in the country where they were executed or issued, including the following:

1. Appropriate equivalent document to the registration certificate from the

Securities and Exchange Commission, Department of Trade and Industry for

sole proprietorship, or Cooperative Development Authority for cooperative;

2. Appropriate equivalent document to the Mayor’s Permit issued by the city or

municipality where the principal place of business of the prospective bidder is

located;

3. Audited financial statement for the preceding calendar year which should not

be earlier than two (2) years from date of submission (there has to be proof

which must be submitted that the same was filed with the appropriate

government authority in the concerned foreign firm’s country of origin);

4. Certifications executed or notarized abroad; and



5. Contracts.

Authentication shall be required for all documents the originals of which were executed or issued outside of the Philippines. Bidders are only required to submit photocopies of the original and the Omnibus Sworn Statement.

If the authentication is not completed in time for the deadline for the submission of eligibility documents, the submission of proof of filling of application for authentication with the concerned Philippine embassy/consulate should be submitted; provided that the duly authenticated document/s is/are submitted during the Post-qualification stage.

The above requirements on foreign documents shall also apply to foreign firms partnering through joint venture with Filipino participants.

2.1.(a) (i) No additional Requirements

2.1. (a) (iv) A completed contract compliant with the track record requirement shall refer to one (1) single completed and finally accepted consulting service contract involving the operation and maintenance of an urban/rapid/metro/light/mass rail transit system similar to the MRT3 System, including project conceptualization, development, procurement and implementation in relation to said urban/rapid/metro/light/mass rail transit system.

The statement of all ongoing and completed government and private contracts shall include all such contracts within last FIFTEEN (15) YEARS prior to the deadline for the submission and receipt of eligibility documents.

2.1.(a) (iv.7)

Acceptable proof of satisfactory completion of completed contract is any document in writing attesting and certifying that a particular contract or project has been fully completed and finally accepted by the project owner, regulator or proper government agency as maybe applicable, to the latter’s full satisfaction.

Considering the practices in other countries/jurisdictions on matters of or relative to project completion acceptance, and the precedents laid down in similar DOTC procurement processes, the submission of a “Certificate of Completion” or its equivalent, shall be deemed sufficient compliance to the requirement.

A document in whatever form, character or terminology shall be considered an equivalent of said “Certificate of Completion” if from the import, essence or spirit of said document; directly or indirectly; and/or, by natural legal inference or conclusion, it is demonstrated that a certain project has been completed and accepted.

2.1 The bidder or any of the JV members must be a holder of ISO 9001 Certificate and must submit the same together with the Technical Eligibility Documents.

3.1 Prospective bidders shall submit their eligibility documents through their duly authorized representative on or before 25 March 2015 at 10:00 A.M.

If a partnership, corporation, cooperative or joint venture, bidders must also attach document showing proof of authorization (e.g. duly notarized valid appointment in the form of Board Resolution and/or Board Secretary’s Certificate) with specimen signature of the Bidder’s authorized representative to transact with DOTC and



MRT3 relative to the subject procurement process and/or signatory in all the required tender documents, including the authority to enter into a Joint Venture Agreement (JVA) (if applicable), and appoint the lead partner and representative of the JVA.

If executed abroad, the same must be duly authenticated by the Philippine Consulate in the place of execution.

4.2 Each prospective bidder shall submit one (1) original and two (2) copies of its eligibility documents.

Each set must be properly bound and tabbed for easy reference. Moreover, all pages of documents submitted must be numbered. However, non-compliance with the binding, tabbing and page numbering requirement shall not be a ground for disqualification.

4.3(c) DOTC – Bids and Awards Committee for MRT3 Rehabilitation and Capacity Expansion Projects

4.3(d) Consulting Services for MRT3 System

5 The address for submission of eligibility documents is at the Support Staff Room, 2nd Floor, MRT3 Depot, EDSA corner North Ave., Barangay Pag-asa, Quezon City.

The deadline for submission of eligibility documents is on or before 25 March

2015 at 10:00 A.M.

8.1 The place of opening of eligibility documents is at the Conference Room, 2nd Floor, MRT3 Depot, EDSA corner North Ave., Barangay Pag-asa, Quezon City.

The date and time of opening of eligibility documents is on 25 March 2015 at

10:00 A.M.

9.1 Similar contract shall refer to one (1) single completed and finally accepted consulting service contract involving the operation and maintenance of an urban/rapid/metro/light/mass rail transit system similar to the MRT3 System, including project conceptualization, development, procurement and implementation in relation to said urban/rapid/metro/light/mass rail transit system.

9.2 The criteria and rating system for short listing are:

1. Applicable experience of the consultant and members in case of joint ventures, considering both the overall experiences of the firm or, in the case of new firms, the individual experiences of the principal and key staff, including the times when employed by other consultants – thirty (30%) percent;

2. Qualification of personnel who may be assigned to the job vis-à-vis extent and complexity of the undertaking – fifty (50%) percent; specifically and,

3. Current workload relative to capacity – twenty (20%) percent.

The types and fields of required consulting services are found in the Term of



Reference.

The personnel information of the Key Experts including their professional experience who, as specified below, shall be assigned to the project must be submitted for purposes of short-listing. Key Experts General Experience in Experience in Proposed Railway (years) Position (years) Project Manager/Railway Systems Expert 20 10 Railway Operations & Maintenance Expert 20 10 Systems Interface Expert 15 10 Rolling Stock Expert 15 10 Signaling & Communications Expert 15 10 Tracks Expert 15 10 Power and Catenary Systems Expert 15 10 Depot Facilities and Maintenance Equipment Expert 15 10 Station Facilities Expert 15 10 Other Personnel General Experience in Experience in Railway Construction Industry Industry Civil Engineer* 15 5 Structural Engineer* 15 5 Mechanical Engineer* 15**** 5 Electrical Engineer* 15 5 Electronics and Communications Engineer* 15**** 5 Legal Adviser** 15*** 5 *must have PRC License **must be a member of the IBP ***refers to general legal practice ****general experience involving the practice of the subject profession shall be considered compliant. The consultant shall be supported by technical and administrative staff and other personnel necessary for the proper, timely, efficient and complete delivery of all its obligations and undertakings required by the subject scope of works, and the contract.

The key experts enumerated above shall be deployed by the consultant in accordance with its proposed Approach and Methodology, and Work Plan pertinent and relative to the subject scope of works. Except for the Project Manager and the Railway Operation & Maintenance Expert, who may be alternately deployed in the Philippines, all foreign key experts enumerated above may work and deliver the services required from their respective home offices.



Section IV. Terms of Reference



Republic of the Philippines

DEPARTMENT OF TRANSPORTATION MASS RAPID TRANSIT – LINE 3 AND COMMUNICATIONS (DOTC) (MRT3)

TERMS OF REFERENCE

CONSULTING SERVICES FOR MRT3

1. INTRODUCTION

The Government of the Republic of the Philippines through the Department of Transportation and Communications (DOTC) operates and maintains the Metro Rail Transit

(MRT3) System that runs along the entire stretch of Epifanio delos Santos Avenue (EDSA) from North Avenue, Quezon City to Taft Avenue, Pasay City. DOTC intends to procure,

engage and pay for the services of a qualified and competent consulting firm to provide any and all assistance and guidance in all matters of the operations and maintenance of the MRT3 System; and, in conceptualization, procurement and implementation of any and all programs

and projects for the MRT3 System, which are necessary and desirable to provide a safe, reliable, convenient, affordable, and efficient mass transit system for the public.

2. CONTRACT IMPLEMENTATION

The consulting contract shall be implemented by DOTC through the DOTC-MRT3,

the administrative unit of DOTC tasked to manage, operate and maintain the MRT3 System as well to pursue and implement necessary and desirable programs and projects for the system. In all matters of its obligations, duties and responsibilities under the consulting

contract, the consulting firm shall report to the DOTC-MRT3 General Manager or his duly authorized representative.

3. SCOPE OF WORKS

The consulting firm shall have the following obligations, duties and responsibilities:

I. ASSISTANCE ON OPERATIONS AND SAFETY CONCERNS

1. Formulation and recommendation of parameters and key performance

indicators for efficient, reliable, convenient and safe operations based on internationally accepted railway systems standards and practices;

2. Development and recommendation of programs based on internationally

accepted railway systems standards and practices to address operational and safety issues, specifically, but not limited to:



a. Passenger Flow (including time and motion involved); b. Safety and Security Consciousness;

c. Crowd Management & Control; d. Efficacy and Sufficiency of Station and Rolling Stock Facilities;

e. Operational Efficiency and Reliability; and, f. Passenger Convenience.

3. Undertake study, survey, technical audit, review and assessment, including

certification, and/or make proper recommendations on, but not limited to, the following:

a. Passenger and Public Safety Environment; b. Capacity of Rolling Stock and Station Facilities; c. Operations Program, Guidelines, Procedures and Performance; and, d. Safety Plan, Program, Guidelines and Performance.

II. ASSISTANCE ON MAINTENANCE CONCERNS

1. Formulation and recommendation based on internationally accepted

standards and practices on general maintenance plans, programs, procedures, policies and requirements; depot facilities and maintenance equipment; and,

2. Undertake study, survey, technical audit, review, and assessment, including certification, and/or make proper recommendation on depot facilities; maintenance equipment; spare parts inventories; maintenance plans, programs, procedures, policies and requirements.

III. ASSISTANCE ON SPECIAL REPAIRS (ITEMS NOT COVERED BY REGULAR MAINTENANCE PROGRAMS)

1. Formulation and recommendation based on internationally accepted railway systems standards and practices on technical specifications and requirements, including preparation of necessary and pertinent

technical/engineering drawings and plans, for any identified special repairs; and,

2. Identification, validation, recommendation and certification of necessary

special repairs.

IV. ASSISTANCE IN THE PROCUREMENT OF ANY AND ALL REQUIREMENTS, PROGRAMS AND PROJECTS OF MRT3 AND/OR DOTC RELATIVE TO MRT3

1. Formulation of proper technical specifications, requirements and parameters based on internationally accepted railway systems standards and practices, including preparation of necessary and pertinent technical/engineering



drawings and plans, for programs, projects and requirements of MRT3

and/or DOTC for MRT3;

2. Market research, formulation and recommendation on costing and unit

prices of items, materials, goods, supplies, components and services to

properly establish budget of relevant contracts;

3. Evaluation, verification, validation of, and recommendations on technical proposals and submissions relative to said MRT3 programs, projects and

requirements;

4. Formulation and recommendation on testing, commissioning and/or acceptance procedures of compliance, deliverables, undertakings, activities

and/or obligations and responsibilities of contractors and/or suppliers relative to said programs, projects and requirements of MRT3 and/or DOTC

for MRT3.

5. Evaluation, validation, review and certification for acceptance of compliance, deliverables, undertakings, activities and/or obligations and responsibilities

of contractors and/or suppliers relative to said programs, projects and requirements of MRT3 and/or DOTC for MRT3.

6. Among the current and/or identified projects of DOTC-MRT3 which the

Consultant services shall be required are, but not limited to, the following:

6.1. PROCUREMENT OF LRVs

A. Design Stage

i. Review of design, plans and technical specifications, work schedules and plans submitted to DOTC by the Supplier of

brand new LRVs;

ii. Assistance in ensuring that the design, plans and technical specifications submitted by the Supplier are in accordance with all the required Technical Specifications in the contract between the DOTC and the Supplier; and,

iii. Evaluate and recommend approval of preliminary and detailed

designs, and other related documents.

B. Manufacturing Stage

i. Assistance in the supervision of works ensuring adherence to the Technical Specifications in the manufacturing of LRVs from

the prototype until the last unit including in the installation of all sub-system equipment;



ii. Assistance in ensuring that the implementation is executed in

the most efficient and timely manner whereby the Supplier’s obligations are completed in accordance with the Schedule of

Requirements of the Contract; and,

iii. Review and recommend the acceptance of work accomplished

by the Supplier which shall be covered by proper Certificates of Completion for each of the delivered LRVs.

C. Post Manufacturing Stage

i. Assistance in the identification, determination and evaluation

the defects of the Rolling Stock discovered during the Testing and Commissioning, and in the quantification of said defects

that must be communicated to the Supplier for appropriate action;

ii. Witnessing with DOTC technical staff and engineers, and certification of completion of testing in accordance to the approved Testing Procedures and recommend the issuance of

Certificate of Acceptance after the successful testing and commissioning of each of delivered LRVs;

iii. Review and evaluation of all manuals, plans, drawings and handbooks provided by the Supplier for the proper operation and maintenance of delivered LRVs;

iv. Assistance in ensuring that all spare parts to be provided by the

Supplier are fully delivered according to specifications and stored in a proper manner; and,

v. Assistance during the initial revenue service operation and maintenance of delivered LRVs.

D. Depot Maintenance Equipment

i. Review and evaluation of the Depot Workshop Improvement

Plan prepared by the Contractor in preparation for the delivery, operation and maintenance of additional LRVs.

ii. Evaluate and make recommendations on the technical specifications of the proposed additional maintenance

facilities and equipment.

iii. Assistance in ensuring that all spare parts to be provided by the Contractor are fully delivered according to specifications

and stored in a proper manner.



6.2. UPGRADE OF THE POWER SUPPLY, OVERHEAD CATENARY AND

TRACK SYSTEMS, AND DEPOT STABLING AND MAINTENANCE FACILITIES

A. Procurement and Design Stage

i. Review, improvement and validation of the design and performance parameters;

ii. Review and evaluation of the design, plans and technical

specifications, work schedules and plans submitted by bidders; and,

iv. Assistance in the evaluation and approval of the detailed engineering, design, plans and technical specifications submitted by the winning contractor, and ensuring that they are in accordance with the contract between the DOTC and the Contractor.

B. Construction Stage

i. Assistance in the supervision of works to ensure adherence to

the design and performance requirements and technical specifications of the Project;

ii. Assistance to ensure that the implementation is executed in the most efficient and timely manner whereby the Contractor’s obligations are completed in accordance with the schedule of requirements of the Contract; and,

iii. Review and recommend the acceptance of work accomplished by the Contractor to be covered by Certificate of Completion.

C. Post Construction Stage

i. Assistance in the identification, determination, and evaluation

of defects of the designed and constructed Systems that are discovered during the Testing and Commissioning, and in the

quantification of said defects that must be communicated to the Contractor for appropriate action.

ii. Review and evaluation of all manuals, plans, drawings and handbooks provided by the Contractor for the proper operation and maintenance of the designed and constructed

systems and facilities;

iii. Assistance to ensure that all spare parts to be provided by the Contractor are fully delivered according to specifications and stored in proper manner; and,



iv. Assistance during the initial revenue service operation and

maintenance of the designed and constructed systems and facilities.

6.3. SIGNALING SYSTEM UPGRADE

A. Procurement and Design Stage

i. Review, improvement and validation of the design and performance parameters;

ii. Review and evaluation of the design, plans and technical specifications, work schedules and plans submitted by bidders; and,

ii. Assistance in the evaluation and approval of the detailed

design, plans, deliverables and technical specifications submitted by the winning Supplier, and ensuring that they are

in accordance with the contract between the DOTC and the Supplier.

B. Installation Stage

i. Assistance in the supervision of works and deliverables to

ensure adherence to the design and performance requirements and technical specifications of the Project;

ii. Assistance to ensure that the implementation is executed in the most efficient and timely manner whereby the Supplier’s obligations are completed in accordance with the schedule of

requirements of the Contract; and,

iii. Review and recommend the acceptance of deliverables and work accomplished by the Supplier to be covered by Certificate of Completion.

C. Post Installation and Commissioning Stage

i. Assistance in the identification, determination, and evaluation of defects of the upgraded system that are discovered during the Testing and Commissioning, and in the quantification of said defects that must be communicated to the Supplier for appropriate action.

ii. Review and evaluation of all manuals, plans, drawings and handbooks provided by the Supplier for the proper operation

and maintenance of the upgraded system;



iii. Assistance to ensure that all spare parts to be provided by the

Supplier are fully delivered according to specifications and stored in proper manner;

iv. Evaluation of the safety integrity level of the upgraded system including its integration/interface with other systems;

v. Assistance in the preparation of pertinent training program and warranty claims;

vi. Assistance during the initial revenue service operation and maintenance of the upgraded system; and,

vii. Evaluation of the upgraded system’s performance and recommendation on how to maximize line capacity and headway.

V. ASSISTANCE ON CONCERNS RELATING TO INTEGRATION AND

INTERFACE, TRAINING AND WARRANTY CLAIMS

1. Formulation and recommendation of technical parameters, specifications, guidelines and activities for the proper, efficient, reliable and successful

integration and interface of the various requirements, programs, and projects referred to in Items I, II, III & IV hereof;

2. Evaluation, validation, review and certification for acceptance of integration

and interface programs and activities of contractors, suppliers and/or third parties relative to the various requirements, programs and projects referred

to in Items I, II, III & IV hereof;

3. Ensure, verify and certify that any and all integration and interface requirements, programs and activities are properly and effectively complied

with, and completed;

4. Formulation and recommendation of training modules, programs and activities, as well as to provide and/or facilitate actual training/seminar, or

technology transfer activities, in relation to the various requirements, programs, and projects referred to in Items I, II, III & IV hereof; and

5. Assistance in all efforts to successfully file, pursue and effect warranty claims

and performance of any and all obligations relating and in connection with the various requirements, programs, and projects referred to in Items I, II, III & IV hereof.

VI. ASSISTANCE IN MONITORING, SUPERVISION AND COORDINATION

CONCERNS INCLUDING PROVISION OF LEGAL OPINIONS,

ADVISORIES AND REPORTS



1. Monitor, supervise, coordinate, and/or oversee any and all compliance,

activities, undertakings, obligations and responsibilities of contractors, suppliers and/or third parties relative to Items I, II, III, IV & V hereof to ensure

that they are conducted, pursued, done and completed timely, efficiently, fully and properly in accordance with mandated period, timing and

requirements; and,

2. Meet, consult, confer and coordinate with any and all parties necessary to ensure the success of objectives and purposes of Items I, II, III, IV & V hereof.

3. Provide legal opinions, advisories and reports.

VII. REPORTORIAL REQUIREMENTS

1. Shall prepare and submit any and all reports necessary, desirable and convenient to MRT3 and/or DOTC in connection with, relative and corollary to Items I, II, III, IV, V & VI hereof on a weekly, monthly, quarterly, semi-annual and annual basis, as applicable, necessary, desirable and/or convenient to, or as maybe required, by MRT3 and/or DOTC.

4. CONTRACT PERIOD

The required consulting services shall be for a period TWO (2) YEARS commencing upon receipt of Notice to Proceed. The activities of the consultant as well as the deployment of the Key Experts shall be outlined in detail in the bidder’s Technical Proposal.

5. REQUIRED KEY EXPERTS

In order to comply with all its obligations under the consulting contract, the consultant shall engage and deploy with the most efficient timing and duration the following Key

Experts with their required experience for the contract:

General Experience in Experience in Nominated Railway (years) Position (years)

Project Manager/Railway Systems Expert 20 10

Railway Operations & Maintenance Expert 20 10

Systems Interface Expert 15 10

Rolling Stock Expert 15 10 Signaling & Communications

Expert 15 10 Tracks Expert 15 10 Power and Catenary Systems

Expert 15 10 Depot Facilities and Maintenance

Equipment Expert 15 10 Station Facilities Expert 15 10



General Experience in Experience in Railway

Construction Industry Industry

Civil Engineer* 15 5 Structural Engineer* 15 5 Mechanical Engineer* 15**** 5

Electrical Engineer* 15 5 Electronics and Communications

Engineer* 15**** 5 Legal Adviser** 15*** 5

*must have Professional Regulations Commission (PRC) License **must be a member of the Integrated Bar of the Philippines (IBP)

***refers to general legal practice ****the general practice of the subject profession shall be deemed compliant.

The consultant shall be supported by technical and administrative staff and other personnel necessary for the proper, timely, efficient and complete delivery of all its

obligations and undertakings required by the above-stated scope of works, and the contract.

The Key Experts enumerated above shall be deployed by the consultant in accordance with its proposed Approach and Methodology, and Work Plan pertinent and relative

to the above-stated scope of works.

Except for the Project Manager, and the Railway Operations & Maintenance Expert,

who may be alternately deployed in the Philippines, all foreign key experts enumerated above may work and deliver the services required from their

respective home offices.

6. FACILITIES TO BE PROVIDED BY MRT3/DOTC

Office space at the MRT3 Depot shall be provided free of charge to the consultant.

Utility services for electricity and communications shall be to the sole and exclusive

cost and account of the consultant.

7. APPROVED BUDGET FOR THE CONTRACT

The total contract cost, inclusive of professional fees, staff/personnel salaries and

remunerations, out of the pocket expenses, reimbursable expenses and applicable taxes, is capped at FIFTY MILLION (PHP50,000,000.00) PESOS.



Section V. Bidding Forms

Table of Contents

Eligibility Documents Submission Form .................................................... 32

List of On-going Contracts......................................................................... 33

List of Completed Contracts for the Past 15 Years .................................... 34

Omnibus Sworn Statement ........................................................................ 35



Eligibility Documents Submission Form

[Date]

[Name and address of Procuring Entity]

Ladies/Gentlemen:

In connection with your Request for Expression of Interest dated [insert date] for

[Title of Project], [Name of Consultant] hereby expresses interest in participating in the eligibility and short listing for 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 bidding by the GOP or

any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board, and

that each of the documents submit; 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.

Yours sincerely,

Signature

Name and Title of Authorized Signatory Name of Consultant

Address

Form No. 1



List of On-going Contracts As of _____________________________

Name of Bidder: ____________________________________________________________________

Client/Address Date of Award

Contract Description of Services Contract Period

Amount of Contract

Specify Whether Lone

Consultant, Sub-contractor, or As JV Member Specifying

Nature, Degree and Scope of Participation

The statements may or may not be accompanied with copies of pertinent contracts/agreements; and, Notices of Award and/or Notices to Proceed; or, their equi valents.

Submitted by (Print Name and Sign) Designation Submitted to: Department of Transportation and Communications

Form No. 2



List of Completed Contracts for the Past 15 Years As of _____________________________

Name of Bidder: ____________________________________________________________________

Client/Address Date of Award

Contract Description of Services Contract Period

Amount of Contract

Specify Whether Lone

Consultant, Sub-contractor or As JV Member Specifying

Nature, Degree and Scope of Participation

The statements must be accompanied with copies of pertinent contracts/agreements; Notices of Award/Notices to Proceed; and, Certificates of Completion/Acceptance; or, their equivalents.

Submitted by (Print Name and Sign) Designation Submitted to: Department of Transportation and Communications

Form No. 3



Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

A F F I D A V I T

I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address

of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor of [Name of Consultant] with office address at [address of Consultant];

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Consultant] with office address at [address

of Consultant];

2. Select one, delete the other: If a sole proprietorship: As the owner and sole proprietor of [Name of Consultant], I

have full power and authority to do, execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring

Entity]; If a partnership, corporation, cooperative, or joint venture: I am granted full power

and authority to do, execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of

attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate issued by the corporation or the members of the joint venture)];

3. [Name of Consultant] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government

Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is an

authentic copy of the original, complete, and all statements and information provided therein are true and correct;

5. [Name of Consultant] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;

6. Select one, delete the rest:

Form No. 4



If a sole proprietorship: I am not related to the Head of the Procuring Entity,

members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user

unit, and the project consultants by consanguinity or affinity up to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and

Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling

stockholders of [Name of Consultant] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user

unit, and the project consultants by consanguinity or affinity up to the third civil degree;

7. [Name of Consultant] complies with existing labor laws and standards; and

8. [Name of Consultant] is aware of and has undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions, local or otherwise, affecting the implementation of the Contract;

c) Made an estimate of the facilities available and needed for the contract to be bid,

if any; and

d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the

Project].

9. [Name of Consultant] did not give or pay directly or indirectly, any commission,

amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement

project or activity.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ___, 20__ at

____________, Philippines.

______________________________________ [Bidder’s Representative/Authorized Signatory]

[JURAT]