REPUBLIC OF THE PHILIPPINES OFFICE OF THE PRESIDENT
BASES CONVERSION AND DEVELOPMENT AUTHORITY
ELIGIBILITY DOCUMENTS
REBIDDING OF CONSULTING SERVICES FOR
SUBIC-CLARK RAILWAY PROJECT NOVEMBER 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
REQUEST FOR EXPRESSION OF INTEREST
REBIDDING OF THE 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 17 November 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 17 November 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 20
November 2020 (Friday) and 10 December 2020 (Thursday) 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 09 November 2020 (Monday)
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
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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:
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(a) Class “A” Documents
Legal Documents
(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
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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.
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;
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(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 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.
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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.
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.
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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.
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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Eligibility
Documents
1.2
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
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
1.3
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:
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.
2.1(a)(ii)
The statement of all ongoing and completed government and private contracts
shall include all such contracts within ten (10) years prior to the deadline for
the submission and receipt of eligibility documents.
2.1(a)(ii.7)
Acceptable proof of satisfactory completion of completed contracts are
Certificate of Completion or Acceptance or valid proof of final payment issued
by the client in case of completed contracts. Only contracts that are supported
with proofs shall be considered for evaluation.
4.2 Each prospective bidder shall submit one (1) original and one (1) copy of its
eligibility documents.
4.3(c)
Bids and Awards Committee (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
4.3(d) Consulting Services for Subic-Clark Railway Project (SCRP)
5
The address for submission of eligibility documents is:
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
The deadline for submission of eligibility documents is on 17 November 2020
(Tuesday) at 09:00 AM.
8.1
The place of opening of eligibility documents is:
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
The date and time of opening of eligibility documents is on 17 November 2020
(Tuesday) at 10:00 AM.
9.1 Similar contracts shall refer to Consulting Services for Detailed Design and/or
Construction Management Supervision of Rail or Road Projects.
9.2
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
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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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
No.1Project Name
& Location
Project
Description Client
Type of
Consulting Service Contract Amount2
If Joint Venture
Partner, Contract
Amount for
Consultant's
Involvement
(if applicable)
Part of Contract
Amount for
Consultant's
Involvement in
Detailed Design
and/or
Construction
Management
Supervision3
(if applicable)
Date of
Contract Award Contract Period4
Proof of
Undertaking5
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 required3 services for the contract, state how much. For Joint Venture Agreements, state how much is the subcontracted3 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.
A. Completed Projects
B. Ongoing Projects
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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.
Page 24
EF 5. SUMMARY OF CURRICULUM VITAE
Local Foreign
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
Over-All Work
Experience4
Number of
Projects
Undertaken
Related to
Particular
Experience
Required as
Stated in TORNo.
Name of
Key Staff Nominated Position Nationality
Highest
Educational
Attainment2
No. of Trainings
Relevant to Profession3Registered
Profession1
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]
Page 25
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
Page 26
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
Society/Commission
Date of
Conferment/Registratio
n
License/Professional
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]
Language
Proficiency
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]
Page 28
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.
Page 29
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
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Signalling Engineer
Terminal & Depot Facilities Engineer
Freight O&M Specialist
Systems Integration Engineer
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]
Page 31
CHECKLIST AND TABBING OF ELIGIBILITY REQUIREMENTS
Tab Description
1 EF 1 Eligibility Documents Submission Form
2
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
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.
3 EF 2 Statement of All On-Going and Completed Government and Private
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
Page 32
7.14 Hydrologist/Drainage Engineer 2
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
8 EF7
Statement of the Consultant specifying its nationality and confirming that
those who will actually perform the services are registered professionals
authorized by the appropriate regulatory body to practice those professions
and allied professions.
9
Audited financial statement for 2019, duly stamped “RECEIVED” by the
Bureau of Internal Revenue (BIR) or its duly accredited and authorized
institutions.
10
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
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.
Page 34
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
Page 35
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
Line Alignment Length (km)
PNR North
PNR North Commuter 1 (aka NSCR Phase 1) Tutuban-Malolos 38
PNR North Commuter 2 (aka MCRP) Malolos-CRK-NCC 69
PNR North Long Haul
NCC-Tarlac-San Fernando 159
Tarlac-San Jose-Tuguegarao
309
Subic-Clark Railway PSB-CRK-NCC 85
PNR S
PNR South Commuter (aka NSCR Phase 2) Tutuban-Los Baños 72
PNR South Long Haul Los Baños-Legazpi 406
Legazpi-Matnog 117
Page 36
outh
Los Baños-Batangas 58
SOURCE: DOTR
FIGURE 2. PNR LUZON SYSTEM DEVELOPMENT FRAMEWORK
SOURCE: DOTR
FIGURE 3. SUBIC-CLARK RAILWAY PROJECT
Page 37
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
Page 38
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.
Page 39
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.
Page 40
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 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
Page 41
d. propose IT (information technology) setup in the project and satellite
offices.
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
Page 42
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 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.
Page 43
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
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.
Page 44
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, 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
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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
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;
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b. supervise the inspections during the DNP; and
c. manage, supervise, and inspect the rectification of defects during the
DNP.
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.
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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:
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.
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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 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.
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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 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
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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.
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
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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;
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
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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 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
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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.
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.
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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,
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.
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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;
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
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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 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
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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
▪ Project Manager
▪ Deputy Project Manager (Design
Review)
▪ Terminal & Depot Facilities
Engineer
▪ Freight O&M Specialist
▪ Systems Integration Engineer
▪ Quality Assurance/Quality Control
Engineer 1
▪ licensed CE/EE/ECE/ME
▪ at least ten (10) years of general work experience
▪ at least three (3) years of experience in same/similar
position in railway projects
▪ Trackworks Engineer 1
▪ Trackworks Engineer 2
▪ licensed CE
▪ at least ten (10) years of general work experience
▪ at least three (3) years of experience in same/similar
position in railway projects
▪ Deputy Project Manager (Electro-
Mechanical Works)
▪ Rolling Stock Engineer
▪ licensed EE/ECE/ME
▪ at least ten (10) years of general work experience
▪ at least three (3) years of experience in same/similar
position in railway projects
▪ Signalling Engineer
▪ licensed ECE
▪ at least ten (10) years of general work experience
▪ at least three (3) years of experience in same/similar
position in railway projects
▪ Deputy Project Manager (Civil
Works)
▪ Permanent Way Engineer 1
▪ licensed CE
▪ at least ten (10) years of general work experience
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▪ Permanent Way Engineer 2
▪ Tunnel Engineer
▪ Bridge/Viaduct Engineer 1
▪ Bridge/Viaduct Engineer 2
▪ Hydrologist/Drainage Engineer 1
▪ Hydrologist/Drainage Engineer 2
▪ Quality Assurance/Quality Control
Engineer 2
▪ Quality Assurance/Quality Control
Engineer 3
▪ at least five (5) years of experience in same/similar
position in railway or road projects
▪ TAS/O&M Study Team Leader
▪ Transport Planner
▪ Financial Specialist
▪ PPP Specialist
▪ college graduate
▪ at least ten (10) years of experience in same/similar
position
▪ at least five (5) years of experience in preparing
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:
Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22
Year 5 Year 6Year 4
Detailed Engineering Design
TAS - O&M Study
TAS - Procurement of O&M Partner
Construction, Procurement, & Commissioning
Defects Liability Period & Trial Running
Scope of Works
Year 1 Year 2 Year 3
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
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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 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.
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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
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.
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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:
Form of Performance Security
Amount of Performance Security
(not less than the Percentage of
the Total Contract Price)
a) Cash or cashier’s/manager’s check issued
by a Universal or Commercial Bank;
Five percent (5%)
b) Bank draft/guarantee or irrevocable letter
of credit issued by a Universal or
Commercial Bank; provided, however,
that it shall be confirmed or authenticated
by a Universal or Commercial Bank, if
issued by a foreign bank; and/or
c) Surety bond callable upon demand issued
by a surety or insurance company duly
certified by the Insurance Commission as
authorized to issue such security.
Thirty percent (30%)
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
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,
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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.