CONTRACT AGREEMENTFor the Procurement of Lease of seven (71 Armored cars Each with one (lt security

Driver and Two (2) Security Guards for the Development Bank of the philippines

This Agreement made this __ day ofMAR 0 B 2019 2019 between:

DEVEToPMENT BANK oF THE PHtltpptNES (DBp), a government financial institutioncreated and operating pursuant to the provisions of Executive order No. g1, otherwiseknown as the 1986 Revised Charter of the Development Bank of the philippines, asamended by Republic Act No. 8523 dated February L4, L998, with principal officeaddress at DBP Bldg., Sen Gil J. Puyat Ave. corner Makati Ave., Makati City, philippines,represented in this act by its Executive Vice president FE SUSAN Z. PRADO, Head ofBranch Banking Sector, hereinafter referred to as the "procuring Entity,,

AND

ARMORED SERVICE PROVIDER WITH SECURITY SERVICES IN JOINT VENTUREAGREEMENT BETWEEN ARMORTECH INTERNATIONAT TRANSPORTER CORPORATIONAND GALLANTRY SECURIW AND INVEST|GAT|ON AGENCY, tNC., a joint venturebetween ARMORTECH INTERNATIONAL TRANSPORTER CORPORATTON (ARMORTECH),a corporation duly organized and existing under Philippines laws with principal officeaddress at 3rd Floor CTK Building, No. 70 N. Roxas St. corner Banawe St., euezon City,Philippines, and GALIANTRY SECURITY & INVESTTGATION AGENCY, tNC. (GAttANTRy),a corporation duly organized and existing under philippines laws with principal officeaddress at AITC Compound; West Riverside St.,San Francisco Del t\4onte, euezon City,Philippines, the joint venture with principal office address at 3rd Floor CTK Building, No.70 N. Roxas St. corner Banawe St., Quezon City, represented in this act by ARtVIORTECH,sPresident and Chief Executlve Officer PAUL S. CHAM, hereinafter referred to as"Supplier"

(individually herein referred to as the "Party", and collectively the "partiesl,)

WHEREAS the Procuring Entity invited Bids for certain services, viz., Fot the procurementof Ledse of Seven (7) Armored Cors Edch with One (7) Security Driver and Two (2)Security Guords for the Development Bdnk of the Philippines For o Period oI One (l)Yeor (hereinafter called "the Services") and has accepted a Bid by the Supplier for thesu pply of the Services in the sum of PESOS: TWELVE MILLION SIX HUNDRED THOUSAND(Php12,500,000.00) inclusive of all applicable taxes and fees (hereinafter called "theContract Price").

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:/

1. ln this Agreement words and expressions shall have the same meaninBs as are respectivelyassigned to them in the Conditions of Contract referred to.

2. The term of this Agreement shall be for a period of one year from the issuance of Notice toProceed.

3. The following documents shall be deemed to form and be read and construed as part ofthisAgreement, viz

\

PaBe 1of 3Contract Agreem€nt

Forthe Procurementof tease otseven {7) Armored Cars Each wlth One (1} Security

sDevelopment Sank ol the Philippines

{2) Security Guards for the

U4 l.l,/',,,/,/ h,4t/

(a) the Terms of Reference (Annex A\;(b) the Supplier's Bid, including the Technical and Financial Proposals, and all other

documents/statements submitted (e.g. bidder's response to clarifications on the bid),including corrections to the bid resulting from the Procuring Entity's bid evaluation;lAnnex B)

(c) the Schedule of Requirements (Annex C\;(d) the General Conditions of Cont ract lAnnex Dl;(e) the Special Conditions of Contra ct (Annex El;(f) the Performance Security lAnnex F\; a^d(g) the Procuring Entity's Notice ofAward (Annex 6).

4. ln consideration of the payments to be made by the Procuring Entity to the Supplier ashereinafter mentioned, the Supplier hereby covenants with the procuring Entity to providethe services and to remedy defects therein in conformity in all respects with the provisionsof the Contract.

5. The Procuring Entity hereby covenants to pay the Supplier in consideration of the provisionof the goods and services and the remedying of defects therein, the Contract price or suchother sum as may become payable under the provisions of the contract at the time and inthe manner prescribed by the contract.

lN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with the laws of the Republic of the philippines on the day and year first abovewritten.

DEVETOPMENT BANK OF THEPHILIPPINES

By:

FE

Ex

su PRADO

e President

ARMORED SERVICE PROVIDER W|THSECURIry SERVICES IN JOINT VENTUREAGREEMENT BETWEEN ARMORTECHINTERNATIONAT TRANSPORTER

CORPORATION AND GALLANTRYSECURITY AND INVESTIGATION

AGENCY, INC.

CHAMPreside ntive Vic

Head, Branch Banking Sector

AVP ANECIT IA A. ALFECHEHead, Cash Operations DepartmentDevelopment Bank of the philippines

Signed in the Presence of:

I'I

STEPHANY NDEZHead, Legal and Com llance Department

rtech lnternational Transporterratio nr

IME

Corporate c retaryGallantry Security & lnvestigation Agency, Inc.

,// Page 2 ot 3

For the procurementol Lease ot seven (7) Armor"r;:itJ# 1ffi"#:11)security Driverand rwo 12) security Guards lor theDevelopment gank of the philippines

A

By:

ACKNOWTEDGMENT

REPUBLTC OF THE PHTLtPPTNES)

Makati City )S.S.

known to me be the same person who executed the foregoing instrument and acknowledged tome that the same is her free and voluntary act and deed, as well as the free and voluntary actand deed of the corporation she represents and that she is duly authorized to sign the same.

This instrument is a Contract Agreement Form consisting of three (3) pages, including this page,with each and every page duly signed by the Parties and their witnesses and sealed with mynotarialseal.

WITNESS Mfirst above written.

Doc.No. 4h ;

Page No. 4l ;

Book No. I ;

Series of 2019.

yHANDAND ;-\t:iikan...'+.i "i ?;,:*.:a

lin,'',,.'.i-g=; ' *rB*_.1;, ..*S',q,,,,,,,,unir{

place and on the day, month, and year

ti ,r !: A P. !itiAitcn

ttrl3tl c lty, UntilDsceAp0oirtmert ".b)!t

r,, il: I J1, mk

ACKNOWLEDGMENT

lili flr. DBP Biip.. ! .5r! lulrilyE,. li al rtitl!tiltfh.tiris,rBPih. 4L'i1JJ

o'i I Irenlrt Urdet R47160

REPUBLIC OF THE PH ILIPPINES}

Quezon City )sS

At the place above indicated on ttris illAR 0 8 20t9 personally appeared

known to me be the same person who executed the foregoing instrument and acknowledged tome that the same is his free and voluntary act and deed, as well as the free and voluntary actand deed ofthe corporation he represents and that he is duly authorized to siBn the same.

This instrument is a Contract Agreement Form consisting of three (3) pages, including this page,

with each and every page duly signed by the Parties and their witnesses and sealed with my

.;i;K','i77,,,,--Fry4tsE[!4jgpWITNESS MY HAND AND O

first above writtenlace and on the day, mont and year

o.

lril d 51ii'Tq lrpit0l lJndtf i:71ri

t P. !:htiLc!otar bli -r40

Apnointml AHrlatl C1ty, U ntil Decemhet 31,1fireli Ih.DBl3lde., 5e r. Ci!P!rat ArE-Urlrli'(rli

g,iP;s, hl?,7|t

Doc. No

Page No

Book No

4@,.fl'. J-'

:.s.

Series of 2019

Page 3 of3_ Contract Agreementmentof Lease ofSeven (71Armored Cars Each with one {x) Secu.ity Drlver and Two (2) security Guard3 torthe t

Name Competent Proof of identi ty Place/Date of lssue/Ex I

Development Bank of thePh ilippin es

TIN No. 000-449-609

EVP FE SUSAN Z. PRADO Philippine PassportEC2554353

No.

Name Competent Proof of identity Place/Date of lssue/Expiry

Armortech lnternationalTransporter Corporation

TIN, t28 -,tt-r)q-d

PAUL S. CHAM 6rc,+ anlnl+ 6nsb- f aclr-F-/)

For theDevelopment Eankofthe

At the ptace above indicated on ,1.';, ihAR 0 o ;ti,o , persona y appeared:

notarial seal.

' : ,t:

NCR South/October 28,2074 loclober 27 ,2079

a(// s

o a

FORM,7 (Pase1 of 1.8)

TERMS "

*,,,A'*,, ".

Procure|reni of armored cat services of a contractor (rhe '5UPPLIER-) with fully socured

arnrqrcd s6curity drive's and tt';;;;;;;;;G"3"1 r."i 1"-"t1 "1 cash centers u nder cash

operations Departm"nt of the o"u"ilf,ment-aank of ttre Phllippines (the 'oBp"i

I, RATIONALE

The Developme^t Sank o' the Philippine!' Cash Operation5 oepartmsnt {coD) under Branch

operations support g.oup or et*t'L;;anting Sector neeos the servlces of a SUPPLIER $'hrch

wtll provlde SevBn lz) armorsc ;; v;itn ""t til t'rnta tecurltY drller s nd two (21 securltv

ir.iJlur"oi , ro, .i "i't

t' -ot"a t-"r lor a period of one (t I ysa r'

This is without preludice to the ule by other neatby DBP.Branche5 as the need ari5e' tor

additional cash and tn"tt to u]i'-oli/itri'"t'7or* repleorshment operatjons that the

i.un"f, -uu ,.ou,te, at no additional co5t to DBP

II, APPROVED SUOGET FORTHE CONIRACT

Ihc Approved BudBet oi the Contrast (ABC) for seven (7) ::Totod car servlce ;s Pfsos:

rwEr.vE MlLttoN ,,* *"o*t#*6us'il'o't'i"eoo'oob oo1' lo' "

period oJ one (1) vear'

in"tr.iua of "tt "pplicabte

governinent taxes and charges

III, DEPLOYMENT/ASSIGFIMENT

Areas o, Coverage

I

Antpolo JMX Auii:int Clrcumterenlal ioad corner

P. olive r( s Streat, AntiPol6 CitY

tlo-37 rdrner OraSon & 6rl Fernendo

Avenue. Midtow. Subdivlslon, S'n Roque'

Merltina f i

€over?Be4uri5di

and othef atess \(r'hin lhe ,

jutisdictiofi of BEG Melro

ol MunrinrpP''

Aae39 of Mad.Jaluy0n8,

€lurter

I i unit lor. G.ouocl floor

, corp. 1101 Madtigali aob.a8-;rpot" 8oad, ala

edmlrahY flealtyBusinesS Parl"

ban& Mun(inlupa

P.ranaque ind orher areJ s

wlrhin the lurisdiction ol BBG7 Alabar'8

l

Stataoll, ccmer [{eaapa8il Blvd and Brad'o

Paranaque avenue,garanaque

Mandaluyollg ,o-Cel Btllldln& 29 san Roque

Mandf,luYong CltY

6rotrnd rloor Lasa la But ldinS ll, Lol 12 Elock

I, F. zobel strea, Poblaci9n, Makalicity ;:

Gro!nd Fl!,or Unil 5 Trade & Firra

TaguiB"DGC lgwer, 7r\ Avenee corner 32'd Sireet'

Iaguag C:tY

70

ad:e Nir.,,.r ng9q.lr."t*:.1',ll1'n!f!9 JLlL

,,.-^. ra & r5 GroL^d tloor aseanr Power

t\4

Makali, Ta81);9, S'n Juan'

Pa5i8, Quezon (rly ilnd olhrr

areas wllhln thc lurisdi'lio ot

8BG Metro Manila

BGC,

N

Ar moaadCrr No.

1

Arrno

h5ic

At\

kN' tr, NIQ0/

OIAOJ

crnPhdt4/, l

51.ee!,

a a

BSJE 8uiilrn8. 9 General Llna Stteet,

luktlkaD, f38ui8clty

Pa!i8

queron City

Queron

Cam0Agoinaldo

tn

\Jnrr 6f I Harmonia Cen!€t. OnrtatavEnue, Gleenhills wegL 5an tuan Gt,

4

c.cifi. Ccnrer Buildin& uril 102,33 San

M rl.Lel A\€nue, Orliga! Ceflte., Patg Otl

Ground Fioor. Hon. Antono luna Hall,

veteraor compound, camp Emilio

Aglrinaldo, E0SA, Queroo CitY

IBP Conrrnonweolih guilcia&

Ccmmo[wealth avenue, D{ima.1, Ou€lon

:tyGround Floor. Philipdnt ltearl Ccnter.

wesl A,r€nu€, Quelon CltY

uround tloo., RR7 8lR Etii'dlng aorner

Scout SanirJgo 5lreet and Queron Ave^us,i-l!eton Ci

.round F;oor W. Godino Suildin& 350 A-

Area of Queron arlY ,Ird othtr

aieas -'.ithln the l!ri!d'atioil cl8BG Metro tv'loniin

Al?a5 Oi ilanita, PdiaY a'rd

4!her arear i.ith,n tna

juridiation oi Stic lvlelro

Manila

Aa€a! o, aalco.an,

vaienauela aod other dler\witlin the luirrdr(troi oi 8BS

Metro Manllaarea of M3kal, ilru, olhPr

aa€45 wilhin the lu,r:'!rdionof gBG Mctro Mao,iJOthet areai w,lhrn tnc

ju,i5dictisn ol QtlrOperalrdls OePirlme:lt d!

the need ar;5e5.

5

5 Caloocan

!

I

Mnnila

Manrla'Nilkpii,.trl9!!l5i re ct, Ermiia, Mafilln

l8(x 6rolnd Floor, Lelicia Buudin& lulioNakpr I !trriet, Malate, M.ttila

lrrl Puyat Aven\re qolnea Tramo staeet,

6rD!od Itoor Citoo(an Cornmetclal

aomplex, A Mlbini Stree! Caioor,tn Crty

?53-A licArthur HtwaY, Xaruhalan,

Valen!ucld6round Froor OBp guildir& sca. Grl Puyat

Avcnsg cqr.ler Makali Avenge/ Makati CitY

I

l:, ? ! financirli Center

I

ofiM.

7l

w

kd4 I 6.

C.L)W a)nA Cb{rt

h

FORM.7 (Paee 2 of 18)

. Taau,B'

iTuxtukan

Si] n Jurn

6round Fl.tor CEntro Euendia Bultd,n& sen.

IV, DURATION OF THE COI{TRACT

The duration of the contract shall be for a period of one (1) year, effectiw upon signrng

thereof, unless otherwi5e DBP terrilinates the conlract due lo a{Y breach' violation and/or

oi?iitt-o, the SuPPLIER rn the peltormance of any ol its obligations, terms and condilronj

stiprjlated in the contract.

Dtonkx lo,1nl9

FORM 7 (Paee 3 of 18)

TECHNICAL SPECIFICATIONS

a. AftMOSgD CAR

WheeiArnlored Plates 8.5

Level of 'BLrl

Resistance M1

1Accr€ditatioo of Armored Security Services)

windshields r4-in ch thick mu ltilaver &lass

glsl:rg lPriiPl) .., r_ry brand

( 6l !yh-e-e,l€!:5-,-..--,-smm-thick JFE and,/or armored ptates ;"aE' ii; *i;'"''i;;::*i;i;i;;" * t*,."pr.".

" n'un;t'"* ii..uarms' such a-s

'

e , fr/l fn g AK 47 rifles {supplier must submit validlcurrenl PNP

;Six

S€at

Others:

Atlesst six {6}-seaterc ta i;'s chlir $?ith seat beIr for the Rovin

a

b

Teller

L.---I d.

'vhile ln i.ansit; -- -nii'n"vle more than tr!e i5)Ihe entioe of the armored car u

,"rrt t"t overhaut Shodd have been done not nlori] tllan five

iii v1.to t.o* contract effectlvitv {to subn}it Certification asr

oroof of r,:ngine overhaul);

e" with c0mPlete too15, fire extinguiiher, spare tlre & firsra id liu

l.

5.

It

With presen!ab lelwell painted body.

j- E ngine dlsPlacen eni with baseline of 3500 ii and not to exceed

45OO cc for diesel enging

1 ThesuPpLlERmusthave.eadily,vailablearmoredvehlcles-ingoodrunninS€;;dition of the same bullet resist3nce at specified itl ltem V {a} for emergency use

,i,aii, A, immediate repla[ement in case of breakdown of the units assrgned to

DBP.

ptapoted Security and Route Flan tor DBP

t The SUpPLIER shall condud an ocular ;nspcction of arels covered and submit a

comprehenslve Security Sl$vey Report for oBP' which shall be the basis lbr the

propored securi

A Porqfiaflh

(i)

o!&t\hLy' lb, lrtq'k^n

Authorired RePre.entadve

72

c. EquiPPed with a vault or safe or Part illon wallol the car6o

at l€ast six (5) gun Ports {driver side, front andi

rear side, left and rightsides of the {ront seal

have sleel sliding plate windolvs with lock

,nd sarne tensile strenglh or specificalions as the armored

i.

N

2. Th,a SuppllEB shall execute a Notari'ed Aftidavlt of Non-Dls(to5ure of ill lhe

traniactiont/d.tivitias that transpired before' during and after the duratlon of th4

contract with DBP.

b. TIFEARMS AND OTH€R SECURITY PARAPHENNAUA REQUIREM€NTS

Clurter Eran.hes

TaAsrg-,GC

kagulg-TukrukinI sanruao

i Partg

i

l

I

i

;

I

qu!ron CltY

--,,- +-" - --1.3fJu,nbcl ol SeauritY

DrilPr & 54au.ityj 1 3

t: GA !fisttsurr5hort r:!l. 9firl

fie5er!e Amm!ni(ionl1 GA

LOnli

,:l

-1,l

Ihrire tho numbarotlaaci

C,l. 9 nim

'Olhe.

I cellular phones

r.;:rphone, thar6e. aa<l

I !xtrebJl: sulld Pr

9 I 9

2

nrds/et(or$ sholl weal iere, 111'

,l 9 :6r

!{)

ilotelTheabov€'ilearms,arnmunltioo!a}dgeclrlty€quipment/toolsmayincreateorde.reasensrequlr€dbyDBP tn ca5e ol inclea'a in firearfltor ammunitron' DBP will provide a Meffo to the

SUPpLIIR to be presentcd/submitted to the PNP'

l The SUPPUIR $hall provide a list of its Registered firearms from the

tl,earo'stnformatiotrManagenrentSystems{FlM5)''tirearmt}odErpiosive5 Divjsron (tED)' PNp inclicatint the delcription' r0odel' caliber'

serial number, license number and correlpoflding ammrl itions whi(h 5hall

be dedicated by the s{'IPPUER to the 03P'

2. The 5UPPLIER shall execute an I'ftidavit tha! it has teadiiy 'ivarlairle

replacemant Jltearms and ertra ammuf ition5 ifilits artenal ift ca!e the ner'd

a.irus rireurms and ammunitions dedicated to'DgP shouid be on stocl

before the start of the conirad

N csn Q)

.DtTb,

'13

FORM 7 (Paee 4 of 18)

l

I

I

r--

Nakpil

)a : 11

l

I

?

II

,

wt(

6. SECURITY DRIVERS AND SsCORTS

Ihe SuPPLIER assures and warraol5 that qralifications othef than thoJe required by PNP-

FESAGs for the security drivers and escorts to be assiSred to DBP shall have p85sed the pre-

p"rhng r.**,nA cor'tducted by DBP Physi'al Security Offlce authorized representative rnd

ieiein-luto* enunerated shall be srrictly compli€d with at the initial postint:- l.

-rirlpir" citizen at least {ive feel and five inches (5'5") for Maie and five feet and

three inches (5'3") for iemale ln hei6ht

2. At lea5t 2l Years old

3. At leasl high school Sraduate

4. For Securily Driver. must ba holder o{ following:

o with Professioral Driver's License (fiestriction it3) {for tiriver/escon Suard};

r Must have at least two {2}years ofexperionce in driving an armored car

c Valid Eank Arnrored 6uard License to €xercise Profession duly issued by the

PNP.TESAGS/PNP - SOSIA;

r With at least one (11y€ar s ecuritl/militarylpolic€ e)(perience'

5. For security Escorts. must be holder ofthe lollot'villt:

. valid gank Armored Guard U'ense to Exercise Profession duly issued by PNP'

F ESAG5/PN P-SO5la;

r With at leasl o|re (x) yea'r secu rirylmilitary/police expdrience'

6. Must have passed cornprehentive Background lftvesli8ation (Bl| conducled by the

winning bidder and to be submitled to D8P priof Io postinS

z, Cfryrlcaity and mentally fit (must submit a modical cortificatel

t. prr*a ihe NeLrro-esychiatric and Drug Tests undertaken in any Sovernrlre'1t- l"ipi rf and/or clinic/hospiial accreditecl bv PNP-5051A (Submit valid Neuro'

Psychratrlc and DruB Test results)

9. Not retated to any PROCUT{{NG ENIITY employee up to lhe 3'd deSte€ of affinrtv or

consanEuinitY

10. with Personal History starctnent (PHs) in hard copy; whOle body in complele

security guard uniform and i,amtly piitures' aRd local and nationalclearances in hard

and scanned coPY

fr. rraust be of gooj moral charactert has no pending case in coult and never been

convictedofcrime(5ubmitvalidNBt,Fiscal,PoliceandBarangayCleararrces)11. P3ssed the comprehensive Bank and Armored Security Iraining Ciurse (CBASTRAC)

conducted by the Bank security Management Association' lnc (B!MA) ln case of

insufficient BSMA trained securitY guatds' the SUPPUER maY post escort

lua.ds/drlverl without BSMA trainini piovided thattheiEtcort Team Leader of each

irmored ,ehicte unit should be SSMA tratned who shlll ensure that the escort

guards without BSMA trlining are coached whlle a*-aiting lraining' ProvidBd'

funher that posted escort Suards/drivers without SSMA t;ainifl8 shati sttend within

90 days from the date o7, aclual Posting and subsequentiy sutrmit to DBp the

correrponding tralnifl I ce rtilicates thereaft e r

\

W6^

(A)

MqnW \e, LDt4

,B

Aurhorired RePrcientative

14

FORM 7 (Paee 5 of 1.8)

confofin to OBP's :,Peciticatiors'

aJtd^,a1.

Ihe arflored cars 5hall complY with the following siandaids:

1. Ths atmolBd car will t'lt utilized fot dsposlis'/pick'ups oJ cash and check5' fund

transfe.s, cash asslstance utJ loiO'ng ot off-site Al'M r€rllrinals to anv destioations

wtthin the specifiecl .overed arias oi iurirUtction' frem f\4onday to Friday {8 hour5

per day) and i, needed au"ing -"ttte.nas' holidoys and declared rlon-"t'orki g days

andlor as the neod arists'

2. Disparching and schedulinE of trips aflhe arrnored carswill be done bv rhe assigned

p€rsonnel gf DgP ('.rth op*'ations Oepunment Any instructigaslchanBe5 involvrog

the said as$ignmet'ts snaU oe maae in wrlting and communicated 10 the SUPPL'ER

for the effective oet'very ot lts service' Likewise' the SUPPLIER shalL atride bv the

rules and reBUlatiorllt 5ei by ogP'

3. The ar,nored aar shall bs nlanned by one {1} armed security dliver and two (2)

securitY grardlescofis, alt lt{:enled and qualified in arcordancr wilh the mrnimunr

orll,nt.'.,L" standards he(ei1 stated' employed bY the SUPPLIER'

4. Fuel consunrption, repairs aod regular preventive ma'ntenance' LTo regislralion'

Insurance and other incia"ntli"*p""naos {!.e. .purchase/rep lacertenl of spa'€ parts)

aod all other supplies needed tJ opetaie the armorcd vetiicles shall be tor the

accouot of rhe sUPtLlE& fne SUppi:tn shalt always ensure the roadworlhinets of

it " ".f,,a"

and shall maintaih its Eood tun ning condition'

tn case of engina irouble and/or metfuriclloning of the arrnored vehicle' tliP

guPPtlEn, upon proper notificat'o;, if'nff i**nornt*fy replace/change the arnrored

vehicle with the sanre butl€t re:rstance as specllied in ltem V (alwlthout cost to DBp'

The SUpPLI€R thall, fot the duration of the contract' cover the atmoted vehicle/s

with a comprehEnsive insurance secured from a reputatlle insulancB cornpanY to

irr-r" Ur,n ,fl" S(IPPLIER an'l DBP from darnnger to the vehicle.egainst third parties

;;;;;;";;; t" case of ac'idents invotwing the arrnored carls Particrpation fee

however, that may be required outsido rhe comprehensive insursnco poli(:y' lhall be

iJ. -.t,"

,r.ount ol the SUPPL|EF The suPpLlER shall indemnifv DBP fron] anv

iluif ,i*rlr,r,"g frotn any iniidenti and/or accidents lhat may be incurred while rn

l;;;;;;;;; "f offiEiil dqtier and,/or duri*g the e{fectivitv of the conv!'t

The SUPPuER 5hali iss\re tw* (2! cellular Phonee to be dittributed to the DgP Roung

i"iJr-."J ar"n,.r fof qoor.riratiori and monito(ing. pnrsonal .celLular

phones bv

i."".nr'i.,".* ."d g,ra.ds dt"tn6 tash mov@ment operaii€ns ls strictly prohibited'

OBP may reiect the sUpPU6*s armored vehlclels that maY fail to pass arldlot do not

5

5.

7

a

s-l

t^

De

aV,1,01

75

FORM 7 (Paee 6 of 18)

vr. scoFE OF SERVIaES

SUPPLlER

{

Securlty Orlver and securlty Guards/E5corts

1- They shall maintain/ensure the coofidentialltY of ali the tran5a(tio :'factrvtties

of the Collection Team'

2, They shall maintain a list of emergency contad nljmbefs of the nearest

' t*47"1i".n", statlon5, hoipltalt' Iocal Disaster Risk.Reduction ManaSement

Office and Br:reau of -ii'e'-'p'otectiot'

en-route to and fronr the

colledion,/delivery poinrs/Oranches that will be posted inside the arnrored car

3. They shall properly cootdinate wtth the oBP PhYsicat -SecuritY office on

- *.l'rn, .""tts af(ealng the security and safety of the Collection Teattr

VII. 6gNERALCONOITIONS

A Vehicle, Crew and Equlpmeflt

r The SUPPuER shall provide DBP with fullv secured armored vehictes du{v provided

with competent and duly lhensed protes5ional drlvers and securitv personnel fof

the erclurive use of DBP, Ttre armored vehicles and thelr personnel equipment shall

be continqou5ly available to service the armored vehicle lequirements of OBP ln

accordancewiththeschedule,routesandspecificationsstatedinthelnvitationtoi;;;;, Eligibilitv and Tq Bid and its attachments The schedules and routes are

LlrJ.ri".n-""u. bv DBP a5 mav be requlred by its oPerational needs'

The drtver/e5con 6uard: shall at all time$ Prorect and safeguard DBP's personncl'

assets, cash and valuables (tha 'CARGo") that will be or are beinB loaded to'

transport€d in or unlgaded from the armored vehicles'

2

l

4

To ensure continuous and uninterrupted services' ln case of' absence qf arntored

vehicle crew ntember/s, the SuPPI;EB shall provide immediate replacenrent of

"orri, or"',0"0 crew mernber/s based on the operationat need/1 of DiP !ubject to

sedion 10, Article vll heretc-

The SUPPLIER :hall have a reserve armoted vehlcle fo immediarely addre5s urgent

operatronal requirenlenls 9f PgP'

The suppLlER shalt have ai least one (t) supervisor or ioordinator for each of DBP

CoD'5 Cash Centet-Nonh and South to immediately address all concerns penaillrnt5

to the Perform a nce of iti armo(ed Services'

\

siB

Bldder'!

'76

FORM 7 (Paee 7 of 18)

{w

Pax:&nb,'wllza

11. Armored vehicle crew membe r5 to be rietailed/asilSned tg OBP in view of a new

contract, shall be screened 6t OBP Head office - Physical se'urity OfficB prior lo

deployment However, the screenlng of the armoaed vehicle €rew for deploymeot

outslde the National Capital Region (NCR) maY be conducted at venues other than

at DBP Head Offlce. ln such casa' all relevint and actuallexpenses of DBP personnel'

e.g. rares and accommodations shall be on lhe accourlt qf DBp' However' io cases

that the screeniot cannot be €ompleted due to factors afi( lbuled ro the SUPPLIER,

such as inadequate number of Buard s for screeftinS, subsequent interviews may be

r€quasted either at OBP Head Office or in other venues as determined bY the

6. The SUPPLIEfi shall conrply ri;ith OBP's Environmental Management sY$ter (EMS)

policy. Smoke belchiog vehicles shall not be allowed entry to DBP'5 plenlise5 and

ihall be immediatelY be rcPlaced bY the SUPPLIER' However' if tlrc rrse sf the

smoke berching armorecl vehicle becomes inevitable as determi''l{:d by the

competent Agency due to gperational requirementt and securitY co^cern5' a

penalty of :lr,aofr a, rhe ho[rly usage tate for every hout of no'l-co'npliance'

reckoned from the time of arrival in o8P premises, shall be coilected A fraction ol

an hour of non-cotrplrance 5hall be consideted as one hour

7. The SUPPtIER uPon deploym{nt' shalt hitially provide oEP with a copv of Land

Transportation Office (LIO) registratiorr of the armored \/ehicles as proot that the

vehicle5 passed lhe smoke emission testinB Wlthin ooe month after deploYment

and/<i after renewal o' the reBisttation' a coPY of the re5ult of smoke en'tlssioll te5t

i55ued by an LTo accredited smoke ernission t€sting center 5hall be submitted'

8. Ihe armored vehicle and crew shall arrive at the de5iBnated granch/Cash Centet on

time. Otherwis€' a peoalty ba5ed on the excess usa8e rate shall be deducted from

the paymenl of the monthly conlract price'

9. The armored car servlces shall render regulat se'vice fot eight {8) hours a day and

Iive (5) days a week, except holidayt' servi€es beYond regular hours nray also be

rcquired and shall be paid based on the excess usa8e rate'

lo.Ioen5urecontinuitYandefficieocYoftheservlce,anymalfunctiotringarmoredvehicle must immedrately be replaced bY the SUPPLIER with another arnlored

vehicle, ResPonse time ln (a'e of breakdawo i9 within thiny (3o) minutes for

vehicles servicing NCR and wllhin a reasonatJle period of time (to be agrecd upon bv

the SUPPLIER and DBP) if in tile provinces/other cities and municipalities Penalty 'n

case of delayed response sh'tll be 150% of the hourly excess usage rale for every

hour ol delay. A fraclron of ar) hour delay less than 30 minutes shall be considered

as one hou r.

7-/

1k1

(,&

FORM 7 (Paee 8 of 18)

-.-.hiilM{ g*t

tuPPLtER, in which ci!e all televant and ictoal expenses of DBP personrrL'l wiil bc

for the account oi the SUPPLIER'

12. Al least seven (7) working daYs before the assumption of the cor.)tract' the

SUPPLIIR shall provide o"' on'O"'' Security Of{ico with.the following a) list of

escort 6uard drivsr5 3nd escort guards to the correspondin8 CoD cash ceoters-

North & South where they *'''OJ"tttt^*' b) firearms deployment complete \'vith

the coresPonding dotu'"n" t" inti*' ol the ftrearms issued to the supPuERi

and cI the approPriate and correspotding documentary req uirement/clea rances'

i.e. idertification t"tos, fiigfliNp cl""'untlu' rnedical certificate' drug tcst (esults'

andneuro_psychratriccrea.anc;attesti[gtotheguards'physrcalandnlenraLfitness'

13. The gUPpLlER, at its o''tr'Ir exPenses' shalt prcvide the escort Euards the following;

13 1 Uni{ormr whrch are dislinci kom that of other premises securitY grlards

aPProved bY PNP'50SiA;

13-2 ldentification car ds

13.3 DulY licensed firearm5 issued in the name of th€ sUPPLIER and sufticiL'nt

ammunitions, as follov'rs:

I3.3.x for oriver/Escoi 6uard; Cal' 'gmm pistol with four [4) magazirtes each

\iYith fifteen (15i:Tounds of ammunitions'

L3'3.2 For r"un' L"ud"l /g'con Guardr cal' gmm pistol with four (4)

magazines *"n *ni titte€tt (15) rountls of amrTlunitions and 12 GA

shotgun each v"nh twenty-four (2rll rounds of ammunitions'

13.4 l-evel lll'A Armor ut';;i; at least Level lll 10" x 12'' platc (tor Tean)

LeaderlEscort Griards)

13.5 Kevlar Helmet {lor Team Leader/Eicort Guards} and

13.6 Other devices and "o'io-** " *tY be demanded bv OFP for the efficient

and efiective tafeguarding of the DBP'5 properties'

DBF a iins in the amount of P500 O0 per

14. Th

day

I gUPpLlf,R expreS:;ly agrees to pay to

tor every firoarm issued to Escort Guards found Aot in acco'dance with the

Escort 6uard fouftd with defeEtiveagreed specificalions and description or for every

or \{ithout firea ra't, or for eyery escort guard found without magazincs for amtno'

and /or P100.00 per day for every bullet found less than the number Provided for

above

anrmunitionf

The charges shall comraen'e on

defedive firearn' is discovered by DEP andishall end ontY after thethe . day that the lackinB

lackldefect i5 rec1ified, and dulY acknowled8ed bY DSP: The Penalties shall be

collecled bY th€ CoD Cash GenterNorth and south where the guard is a:signed

against the billing of the suP PIIER for the succeedin month after the discove'Y o{

the dc{ect/s ff'@l--r1N

$78

1k

FORM 7 (Paee 9 of 18)

15. The SUPPLItR shall conduct snnual firearms proflciency uaininB for (hc escort

guards atsigned at DBP using the SuPPuER isrued firearms' The SUPPLIER shall

rhen submit the results ol tie training as well as the ceftificates issued bY the

training entity as proof ot iomptetion from the training to forn\ prrt of the

validation process conducled by DoP PhYslcal SecuritY Office'

16. Escorl Guards shall be io their distinctive unl{orm at all time5 while in the

performance ol dutY lf anY servise or pha5e of service bY the SUPPLIER i5 rrot

performed to the ratisfaction of OAP' the SUPPLIEE shalt immediatelV tnstitute

measures upon receipt ot nolice to address th€ deliciency or anv other problem

includinB,butnotlifl]iledto,clraogeofequipmentand/orPersonnel,

17. There Shau be no e mproyer-emproyee feiationship between DBp and rhe escort

guards whom the SUPPLIER "V "'l8n ro perfotm lhs services subiect o{ the

Agreement. The SUPPLIER hutnby "cttnou.It"dges

that no authority h3s be€n

conferred upon it by osp to hire any person on behati of DBP and thal the

personnel assigned by the 'UPpLIER

as complement of the armored vehicles are

not emploYees of DBP and n'rt in any u/ay or mannet connecled wilh or relatcd to

OBP. lt is expresslY undelstood and agreed that the personnel assigned bv the

SUPpIIER a5 corrPlement o{ th€ armored vehicles are and shall remain lhe

employees ot the SUPPUE;' accorOingly' control and supervision ovpr lhes€

personncl shall be exercisea Uv Uottt SUPPLIER and DBP' However' the SUPPLIER

alone shall have tht' t;gt't to i'npo'" any disciptinary action over the erring

Personnel'

18. Each crew member of the deployed armored vehicle shall be entitled to a one (1)

hour meal break thal shoutd be flexible/adaptable to DSP's day-to-day transactions'

SECURITY MATTERS

The SUPPLIER througlr its designated representative or st,lpervtsor' shall coo'dinate

with the DBP's Phv:ical t"tt"it' Of*t to ensure €ffective coordination and

implementation of all securtty rneasu'"s adopted by DEP' Representatives of DBP'9

Physical Security Office and thc SUpPLIER shall have regllar monthlv meetinB: lor as

the need arlses) to di'cuss problems and recommenda:t:i:.1: *nntt improve the

"i,".r"J ".".-,"lre.utity 'e'vices Both DBP and the sui'fLlER shall establish and

maintain effective laisiog with the nearest police stalionlsrlb-station or prccirlc.t to

B

I

eBsure Po5itive Police re nsJ at all timeso

W*l,vn

ful+

\auULN

c!-,Cg,t1

n1Dl

19

FORM 7 (Paee 1O of 18)

/'Ai,,fr'lf

C, WARRAFITIES AND UNDERTAXINGS OT THE SUPPTIEH

1, The sUPPLIER shall watrant that, during tlre term of the Agreetnent' the a'mored

vehicles assigoed to DBP ale owned bY the suPpLlE[i in good running condition' free

from any mechanical defect. and equipped with necessary tools and equipme'lt for

use during repaias in ca5e oi breakdo\i/nt and emergencies

2. Ihe SUPPLIER shatf undertahe to check aod ensure servicing of all armored vehtclos

assigned to DBP every weekend'

3. The SUPPLIER shall wartant that the crew nlembers ofthe armored vetricles possers

all the qualificationt necessarY for lhem to render effi'lent and effective services

r€quired under the !ern1s of thR Agreement'

4. Moreover, the SuPPLIER shall warraot and uftdefiake thati

4.1. The 5UPpL|ER, ,s emPloyer of the crew assigned to DBP' is soielv and

excluslvely llable to pay for thelr sataries and waBes and all other beneflts

mandated under existing labor laws' rules and regulation including but llot

i,*,,*U * payment of Soiial Security System (SS5l' Philippine H"ahh fnstrrante

Corporation iPhrlhealth), Pat'lbi& €mPloYees Compensation Premrum' 1e

.inrt pur, rra.uti.>n tea'e, Jrvti;ncentlue leave and, the tike rhc SUpPtlER

shalt undartake and represent that the escort guards/p o rson ne I shall be paid

nol lower than the min'm;m wzge and oth€r benefits under the Labor code and

other perline t taws. the 5UppUfR shall comply with Soclal SecuritY' EmploveeS

io-plnrution, Philhealth afld Home Oevelopment Mutual Fuod law5 on

employees' coverage o'-^tmbu'ship' as well is the laws on the Srarrting ot

relirement benefits' lt is c{eady uni*r*tood that thQ 13rh month pay' holiday

premiums, incentive leave pay, S55, and Philhealth contribulont for the cre"v

asstgned to the armored vehlcles are for the 50lc &ccqunt of the SUPPLIER

4.2 Remittances for 55S, Philheatth and Pa8-ibig shall be coursed through a v DBp

grancher in Metro Ma,lllir The SUlpLlEB shall \'/arrent rhat 't

$hall lu'nirh each

of their crew assigned at DBP paY slips of their ftonthly earnings and

dcductions; :

4.3 The SUpPuER shall hotd D6P f'e€ aod harmtess and slall indemnify DBP for any

liability, cau'e of aclioo or clairns which may be filed by any o{ the 5UPPtlER,s

crew arisinB from non-payment or uoderpayment oY thtir wages' salaries'

benefits or any violation clf rhe Labdr code and other applicable laws which are

now in effect ol \rhich ma hereaiter be enacted

N

VIA,W at ri Cotii0J,'r'fiU)I DEsisn.tion a I

esakz$ru:9-Date

Authori!ed RePre5entativ€

BO

futudn

FORM 7 (Paee 1L of 18)

%t

FORM 7 (Pa eeL2oI 18)

1

5

o

5

Th5 9UPPLIER shalt provlde the arfiored vehlcle and escon services requiremeats of

DBp continlrously duting the term of th€ Agr€em€nt' ilr accordance with the

recogniaed standards o{ ogp. raiture ol the suppllfR to compty r.tirh slrckr stardards

asv,/ellasableachbythes{,}PPLlEROfanyOfthetermsofthi5AgreementshallbegroundsforDBPt0terminatetheAgreernentuponathirty(30}dayswriftennoticeto the SUPPLIER. Coroltary theroto' the SUppllE* sha{l warrant that DBP shall be

renderedfreefromunr"on"".*d""tiuttyd"lngthetermoftheAgreefrentasitisthe e5sence of the AEreement that the perform*nce of the ssrvlcos contracted for

shall not be disturbed ln thG evsnt of a strike called by the secqrity personoel of the

SUPPLIER, it s.hall be the p'jnclpal arld primary responsibility of the SUpPl"lER to

provide DBF $/ith adequirte securi:y force and armored vehicie from olher sources

I^l)or. ., uriui",ie s of the SuPPUEfr and appropriately cleared with DBP'

EXTENT OF LIABILITICS

The S'PPLIER shall be solety, exclusively, diredlY a d immediatetY regpor]sib|e and

liable for any death, inlu'v, a*tagu or loss caused to any person ol propertv in case

of a(cident or mishsp ol. n"gttgoit" or willful act.involving the SUPPLIER'! (tcw or

vehicte afld 5hall hold OSP tree and harmless frorn any and all suEh claims or

2

3

4

The responsibilitY and liability of the 9UPPLIER on the Car8'o $hall commence onc€

the cargo for a particuiar tno ''''it*otL*i"i taken out of oBP prenrises ard sh ll

coBtinue qp to loading in the ar;o;;;'cut' uil'il" In tran5it and until the cargo ha5

been unloaded a d receiv€d oy ng'f" t-p-*ntative/s'.or by the represerrtative o'f

;* ili;,-tl-whrm the Carso is intended to be dsllvered

ln ca5e of robberY or hol'l-up' the sUPPLIER'5 :.Tfl:]::t are not iovqlved'

SuPPLtER's liability is limited t'c tie rsquired participation per Banke/s Blarrket Bond

(5% of lott or minimqm of P4{IOOO}-

Howev€r, slrould arry robbary or hold-up was Proven comnlitted or participated lo by

*nv emolovee of the suPgllfR' iiliuitplrgn shall be fullv respdnslble' arcountable

""1 u"oi* * n*, and its client' if applicable' for the lost'

ThesupPuEftshallhavethefollowingoptionsforthedeductibility:;.;.

*;;r; su.etv BoBd to cover this requirement' and

;;. iiti uqrirrr*n, i.rterest bearins cash bond wilh ?BP

6. The SUPPLIER shall also he exclustrvely and directlY resPo nsible to DgP and its

officers, emPloYees, vrsitors,'lge6$ and client, the Prop'qrt ies of all 5aid Person:'

where s*ch danlages have been caused bY, or are attributed to any criminal act,

misconduct, malfeasance ot nggligsflce on the Part o' the SUPPLIEF is liable

con ivan OI collusion with thea

regardless of wh ether

+y01

Authorhed RePresentativeNanie &

sidd

p,1nt8SeaNW

81

@,1

7

invesugation

[. INsURANCE AND sICURIIY EOND

thereunder

ronafi,irt

50curity guard assigned by the SUFPUER, it beinE understood that thc suPPLltR

,n oi, no, i* l,ufrf. by rcason of a force maieure or lortuitous event'

ln any event, the SuPPLIEfi shall make available' the Escon Guard/s concerned as

poi.iir* *iir.trl"s to a case or invesligation uodortaken hy oBP' tn case of failure of

ir] * lurpurn to present thB Escort Guard/s a5 witness/es on a tchedule hearin8'

OBP shall have the ,""ou"" "g'1"' the 5UFPLIEn's Performance Security and

receivables of the whole anlouilt inuol'ed on a particular case subiect of the

1 As security for the pronrpt payfne t by the suPPLtER' . the. supPlltR's trdelitv

lnsurancs in the form of Surety Bond with coverage of not loss than THREL MlLtloN

tJsoi itr,rsg,oo0,00) will cover for anv lo55 or damaBe tatfered bv DBP du€ to or

arlsing from the dishonesty o' intiaaitV or criminal act of-any employee of tlre

iilppii*. itt" sUppLlER shall secure a surety gond, from DBP Accredit€d insurance

;l;;;;, to Lu arris,,ud xo DBP' After the supPtlER has claimed fronl the suretv

,".i, ,r'rnrri*,rsuie ttself by paylng lhe correrpondin' prenriurn to restore the

arnoult of the 5urely gond 'toveragJ to the minimum required amount' Ciaints

;;rJ;; grrta",". .hall lr't constiture as a limitation of the liabilitv of the

suppltE8 ro oBp as the sUPP[lER ;hall fully pay DBP all its lossas-or damages carrsed

by the dlshonesty or infidelity o' tir*in't uti oi tny "'rrptovee

of the SUPPLIER' The

sUPPUtfl shall avail or the "pt'o";'i;;;;;;;duaioilnv

it tt'ttd in ParaBraph D 3 of

th is AEreement.

The SuPPLIER $hall secure an|rual comprehensive lnsurance for the arnlored vehicle

and accident insurance for each crew which shall be for the accounl ofthe SUPPLIER

".,"J"u l'ri,,,,'.s for vehicular accidents that maY happe n while in oPeration lt

shall also secure voluntarY fhi'd"la'ty tiabilitY (TPL) lnsurance under lhe

;;;r;;";" Insurance 'na iimp'rsorr rPl' as tequired b! 'tile Lro rhe

SuPPIIER shall also ue tiabte tor itre hospilalieatioft due to irrjuries suffered bv oBP

authoriz€d personnel and e5cofi guatds'

All insurance covera&B and Bond to be provided by the SUPPLIER pursuaflt to the

ABreement sholl commence upon the effectivitl of the ASreemert and will remain

;;"u;-;r; enrorceauro througlloul its duration The suPRtlEx shall undertake to

;;;;; .rur* ti," renewal of the lnsurance coverage End the Eond as often as

;;;;r.;; ;;ido,u'''*nt'7.*'id"nces of the renewals ihall ba subnlined to DBP

,i""" tn,", (30) daYs prior to the expir&tion thereof' The SUPPUER 5hatl undertaLe

to provide the requlred lnsurance coverage and &ond which will allolv DBP to claim

2

3

i

\g!fi)nhott $,ffiig

Authorired RePlegentatlve

t!.,

82

%t

FORM 7 (Paee 13 of 18)

F. UMITATIONS ON THE LTIE OF A MORED VEHICIES

.lhe armored vehicles shall be r.rlEd exclusivetry by oBP {or calryinE DBP',s assels' (ash

and othgr laluables. Hence, the tollowlfig uges oi the armored vehicies art herebY

strictlY Prohibited:1. 10 carry passenE,er or property for a €onsideration;

2. To propol stalled velicle5 or tow disabisd vehicles;

3. To ioln in aoy motor sports €uents or racinE:

4. To carry or ferrY contraband goods; and'

5. To use in the Eommissioa of any offenss punishable under the idws'

G. SETVIC€ FEE

1.

2

3

For and in contideration of the services oI the SUPPLIIR' 08! will pay lhP sUPPLIER

the agreed monthlY contract price {bld price} for armo'ed car services rnclusive ol

VAT,

The amount due shail be Sertled monthly aad paid, tsfter reEeipt of th€ R.ilin&/

Staiement of Account, by pEP cOD Cnsh center-North and South as Ehe case rnaY

be, subie€t to withholdin8 ta) as required by the law via direct credi! to SUPPLIER

a"p""f,'r..""r, maintainad with any DgP 886-Melro M&nila Branch or FinanciaI

Center,

The $UPPLIER shall open a taviflEs account at D$P Financial CBnter or with a$y oBF

Branches with an Average Daily Ealance equlvalent to at least ten perceot (1O%) of

the equivalent contract price Rental peyments will be credited to :$aid deposit

account. LikEwise, said deposir account will serve as the mothei ac€ount for the

servicing of the payroll oi its assigned arrnored parsonnel thru the ATM payroll

facllily of oSP

Thp SUPPLIER shall issue an Official Receipt ior ths payment o{ the rental of the

arfTlored car and s*cu r rtI' servi[es'

Speciat serviees that may be reguired by OBP:hall be cov3r5-d bv'special billings to

bE mutually pre'aBreed between OBP aod the SUPPLtEfi' DBp reserves the nght io

inc,€ase or reduce, at a glven noti(e, the scope of the gervices to be rendered bv the

s]JFPI.IEft.

5

6. ln case a new law or regulaticrl is promulgated or €flacted increasing tlle Minrmum

Wage, Workmen's Compens'tilon and Aalowances of r,iqrkers inctudln8 5ecurity

guards, the rate shall be adjusted ill accotdafice wlth ihe nqw wage ordsr

7. Use by DBP o{ arrnored vehirie v'rith required rn&npower compJement beYond the

reeular eight (8 ) hours of operation shalil be billed bY the SUpPL|E R based on rhe

rules for paYrnent o{ overtime PaY using the ,ollowlng formula:

Eidd

b

NA

Authoriled Represontative

*rm

83

%)

FORM 7 (Paee 1"4 of L8)

FORM 7 (Paee15of 18)

Excess usage Rdte Pet Hout =

Moathly Contra.t Price------- x 13094

t21-75 doys x thours)

Hourly r0te of the basic da;fy wage x OT rale x nomber of hours worked

Normal worl day = 125 9t' of hourly rate

Spe{iat non"working daY. regular holiday = 130%of hoorly rate

8, All servicc fees specitied herein a(e hereby a8reed to be inctusive ol VAT a'ld lublecl

to withholdin6 tax as required by law'

9. DBP shall pay tor lhe loil fgec of arrnored vehicle durift8 ofticial travel'

10. Thc. $uPPL|EE exPressly aErees to pay 08P a fine in the amQunt as specifred below'--

;"; ;;il arnored vehicle breakjown (mechanlcal or elerlricat or air'con

H. OUEATION

1. 'Ihe Agreement shall tre for a lerrn of one (1) year'

2. The contrart may bo pr€-lerrninated by D3P with a 3Gday wriftefi notr(e to the

SUPPLIER of tuch ternrination on any of the {ollowing grounds:

2.l.violatlonornon.cornpli}ncebythegUPPL|ERwilhanyoftheterm,at)dcondition5 of the contract;

2.2, Unsatisfactory performadce of the duties and lespon'ibilities ol the Armored

Vehicle Personnet, or cDrn$ission of any act by the latie' inimical to the

in terest of PBP;

2.3, ln case of misrepresentstioo on rnaterial facts and documents durrng the

biddi*E and after the a"-;ird ofcontract;

?.4- occurrence ot accumu{ired vehicle breakdowns ,(electrical and mechaoical}

and/ot ai conditioning s1:iem rnol{unctions cf moiq than ten percent {10}i} of

tne iotal number of contraded armor€d vehlcles cofllpured pet month during

thetermoftheContactbasedonroportssubmittedbyoBPtothePhysicalSecurity Office; and;

!"5. tn case of involvement of any enrployee of the SUPPLTER in robbery/hold-up of

matfundion) d$rin the cash nlovement o at iot\s

1'r Of{en se

P4, 000.00

3'd offense P6 000.00

te p8,000.00

the serviced Br anch

\&ortha-P.taE-

co

84

2'd Offense

P2,000.00

w4

3

FORM 7 (Pase 1.5 of 18)

Further, the StJtpLtER acknowledges th*t it will be requiied to irnmediately take

the nacessary cofrective measuras to setisfy the findings and racommendatlons of

The SUPPL,ER shall provide the following:

3-1. Complete set of presentable uniforrns with proper identification cards for all-'-

".au.,,y drivers and security guards/escorts as:i8rled to DBP Security

g"";Jr/.r""". shall wear Lt"ti ttt"e bulletproof vosts' lrlue overalls and berets'

ivith corn plete standard escor pataphernalla;g.r. conOrct annual medical examinatioo including neuropsychiatric exarnination---

inC a rr*g test to iti security drivers and security.Eu ards/escons assigned o( to

be asslgned to D3P, n1' aoY gove'nrnent hospilal - The corresponding

certirication of fit'to"wdrk anO iesutts of sald examination'i test shall be

srrbtnitted to BBP Physical Security Office.

The $uPPLIER shall maintain a satisfactory level oI performance throughout lbe

term of the contrad based on a prescribed set of. performance criterla The

plio*"..* arlttria to be applied shall include' nmong 6thers' the following:

4.1 QualltY o{ service delivered;

4.2" Timemaila8enrent;4.3. Managament and sfitabil'tV of persornell

4.4. Contract adminislration afld manag€rnent;

4.5. Monitorins of !t$ securlty guards/escorts in the field iflcludin8 the detachment

that the security guardsfescorts are tasked to protect;

4.6. Timelv deliverv of arnrored car and provlsion of se(urily guards/e5'ort5 as

nesded by the DBP Cash Operatlons DepaYtrnent'

Ourin8 the term of the contract, DBF shatl evatuate the SUPpLl[R per'[ormance

based on the foregoing t*t*'ii' ri found deficient' the SUPPLItR shaJl be notjfied

;;Jil;" *,i.tv {l-o) rilendai davs to correct the deliciency'. otherwise' DBP mav

,rrpu*J prv**ts and,/or termi;dte the {ontract $ithout incu'riEg any tiability

ln the evefit of termrnatioft for any cause, the suPPLIER shau agree a d guarantee

that should gBp decide ts transfer the required services to another provider or

;;;;;";t"*-nts, it shall provlda DBP the necessary level of as$istance during

the transition.

The 5UpPUER shail permit oBP, 85p, and other RegulatgfY Agsn€ies to inspect th€

SUPPLtER',s accosnts and record$ relating to the perforrirance of the SUPPLIER and

io iur* $,"* audited t y audiiors aPpoifited by DBp' if so req$ired'

4

6

7

the interna f and/o r e),terrtal additors appaintect by 08p.

Pa'ah,sllr,,.kmN

85

W

V'II, OIHEBCOT']DITIONS

q'/\

\o

1 ovEr and abovr.r the registration requifed of vehicles and ils operatiors under

€xisting trlnsportalion lawr whs.e .ll ermor€d vehicle! 'n

the lleel of Prrvate

iu.rr,i acun.v (PsA)/CompanY 6uatd Force {CGF} are invento'ied/'eported $'ith

tt e fnp, h-ence, tuUmistio,! ol cenificatlon 'rom

PNP i5 required'

Evaluation of secr.lrity cotnplement Shalt be submitted upon receipt of Nolrce ol

gward or within ten [10i cAleadar days plior to the issuan'e of Notice lo Proceed

IheSUPPLIIRshallslbmltacerti,icationo'itsmaopowercomplementofat|ea'tt*unty oou (21) licensed securitY personnel, which number- sh-all-be maintained

inr"rgf,o* the dutatlon of the contr'qt Funher{nore' the SUPPLItR rhall sutrmil

noi rir" ,no,', six (61 oames (two {21 security lJrivers and four{4i S<:{urilv

irrrirler.o"tt togethe, with their 2di files (photocapvi as pool of immedrate

,J,*r." , .".. Jf "br"n""

of any securitY Personnel assigned to DBp cash

"r"*,",,i Depanmerrt pnfiicolady drrrirlg enrorgency leale of absence and

absence withoul official leave.

lmmediately afler an incident has transpired, e g- vehiclrlar accident' hold-trp' and

,t. iil", ,i,"suppLlER shall make a verb;l report to the DBp Physical Securitv o{fire

and DBP Cashier of Cash Center'North or DtsP Cashier o' Cnsh Cenier'soulh a5 the

iar" ,nuyO" and shall, \.{ithin twenty-fqur (24} hou{5' submit to ogP Phviical

Securitv Office and Cash OPera!iot]! Departmant a written rePort of the incident

;;;;*1;" a:srgned armored car. DBp PhYsl€al socurlty ofiice mav requrre the

SUPPLIER to conduct s !hdtough tnvsstigatlon of such lncident'

within d period of three (3i months after the effectivity of the con[ract' tht

irti,lt*.'*'tn-,ne Preseoce of the DBP,S reptesentatirle' shall ad'n'nister the

conduc! of eclual flrin8 pi tho issued firearms by tho assigoed securrrv personnel

;;;;;;ir"t. wilh the oLjiictives of inrproving thelr flrearms' proficiencv' sun safelv

,"J i, J-l,r, the operairbnal condition! of the firearms rhe result of the nclual

i,r,"* r" i".irr- ii,e con,litlon of the {irearms used shall be subrhittcd to the DBP

Physjcal Security Offic€ at DBF Head of{ic€'

2

3

4

5

6

1

OgP may, at lt5 own discretion and for whatevsr reason/s' dernand the repl3cement

"i.ivl"*t"r"f of the supplier assigned to oBP ln which case' lhe tUPPLIER

shall, rrpon notice by DBp wlll cause th; replacement of prlrsonnel concerned withrn

twenty-four (2'1, h0tus,

Ihe SUPPLIER shall submit to DAp Cash OPerations Department a Ceflificalion that

on-unnrof tectrng i: performed of its Bu:iness Cdlltrnuity Pian tor OcP {BSp

requirementJl

8. The SUPPLIER thall Provrde DBP wllh a Business Contiiuity Plan in (35e5 wherein

thB SUPPIIER cannot provide oBp with the r€q uired services durin8 a disaster lnd

other service disruPtio4r :uch as employee ,t.ike5, etc lt shall contain the

tu_

$

Arm

Nam€ & 5is

86

-l,bl

et\Q,

FORM 7 (Paee 17 of 18)

comprehensi!e procedure5 nece:"ry to ra5ume bu5intss to it! noflndl qprratron xr

the [cast (ri,ss;bJe till1cr

*Emetgency Bejponse procedures - a$rpropriate emergency response to a disaster'

o, .lnvitt',ri activity in ordFr to pIolect afld mitigale the danlage;

,Backup Operalions Proccdutes - to ensute that the Ssrvices can be conducted

after the drsast( r or cootinurtv ofservicc

Reviewed by: (On socurity RequiremenG)Submi$ed bY:

M6R. LOIfiS S" SARtl'lAs

Co t oic, Cash OPerationt 0ePartolent

Per up Order No. 1851dt d Norr. 5, !018

Reconlmandltig APP rovil:

P EN S. MAftAMAGanch Banking SectorConcuttent Br

Per Officer Order No. 346 dtd Nov'&' 2018

,lvP MA. cRr+lNA c MATAB

Head, Congdneric Affarrr and

Concurrcnt Ol€, Physical securrty Offtce

,{'

fi

Drlmtnr,.' P,r.ol?

UlrTN

of A!thoriled SePretentative

8?

FORM 7 (Paee 18 of 18)

W\l/ef,ff

o oARMORT:ECH lN ltRN.AIr( )N;\r-.r r{ANSrr)lllI I!! (Jlll

.lrti I:l,rui ( lt Alrlir\ Bid! :.nlil\,.xrr! li(.r.,.Srr.er (1,,./r',,(,r\

Bid Reference No. G-20ltt-36

LEA5E OF SEVE^I (7) ARMORED CARS EACH W|TH ONE (1) SECUR|TY DRTVER

AND Two (2) SECURITY GUARDS FoRTHE DEVEIoPMEt\tT BA|{K OFTHE PHtLIPPINES

December 13,201.8 ITo BIDS AND AWARDS COMMITTEE

OEVETOPMENT BANK OF THE PHILIPPINES

MAKATI CITY, METRO MANItA, PHILIPPINES

Having examined the Bidding Documents including Bid Bulletin/s, the receipt of which is

hereby duly acknowledged, we, the undersigned, in conformity with the said Bidding Documents,offer as follows;

Financial Bid

lnclusive of taxes (inPhp)

tz,600,oo0.oa 12,600,000.00

TotalAmount in Words; TWELVE MILLION SIX HUNDREDTHOUSAND PESOS ONLY

lf our Bid is accepted, we undertake to provide a performance security in the form, amountsand within the times specified in the Bidding Documents.

We agree to abide by this Bid for the Bid Validity Period specified in the BDS provision for ITB

Clause 18.2 and it shall remain binding upon us and may be acc€pted at any time before theexpiration of that period.

Until a formal contract is prepared and executed, this Bid, together with your writtenacceptance thereof, and your Notice of Award, shall be binding upon us.

\

lh

DescriptionApproved Budget for the

Contract (ABC)

lnclusive of taxes (in Php)

LEASE OF SEVEN (7) ARMOREO CARS

EACH WITH ONE (1) SECURITY DRIVER

AND TWO (2} SECURITY GUARDS PER

SCOPE OT SERVICES, REQUIREMEMTS,

TERMS AND CONDTTIONS SPECIFIED

IN THE TERMS OF REFERENCE

Gentlemen:

We undenake, if our Bid is accepted, to deliver the goods in accordance with the specifieddelivery schedule,

I

gr4

/% 94* /

COST DISTRIBUTION (METRO MANIT-A.)

Daily Basic Salary Rate

Number of Days per Month

OTAL DUE TO EMPLOYEE

AMOUNT DUE TO C,OVERNMEMTOTAL DUE TO GUARD AND C,OVERNMENT

ADMINISTRATIVECOSTS 20%

72% v AT

TOTAL CONTRACT RATE(1 DRIVER/2 ESCORTS)

TOTAL HOURLY RATE

TOTAL RATE OF GUARDS/I\,IONIH(i DRIVER/2 ESCORTS)

TOTAL RATE OF GUARDS 1 YEARTOTAL RATE OF GUARDS 1 YEAR/ 7 ARMORED

VEHICLE RENTAL COST MONTHLY/ARMOREDVEHICLE RENTAL CO6T 1 YEAR/ARMOREDVEHICLE RENTAL CO6T 1 YEAR 7 ARMORED

12% VAT 1 YEAR12% VAT 1 YEAR/7 ARMORED

Daily Rate

Day SliiftEscortDtiver

537.00537.00

2121

11,679.7511,679.75

973.37973.37

223.75 223.75

50.00 50.00

I00.00 100.00

1,087.50 1,087.50

14,1"14.3714,114.31

u7.24160.60 160.60

10.00 10.00

100.00 100.00

1,006.881,006.88

2,124.67 2,724.67

16,238.9916,238.99

3,247.80 3,247.80

389.74 389.74

19,876.5379,876.53x2

79,876.53 39,753.M

t14.23 714.23

59,629.59

715,555.08

1008,885.56

74,298.9814

E91,587.7n16,241,1,4.44

192,857.7429

1350,m0.00

1Z6O0,mo.ooTOTAL CONTRACT RATE

u7.20

REIMBURSABLE CGTS:(A) Payable Directly to Servicemen

a. Basic Salary - at a daily rate for the equivalent ofNo. of days per month

b. Night Differential Premium Pay - 10% ofbasic salaryc. Emergency cost of living allowanced. 13n month pay - 1/12 of basic salarye. Service Incentive L€ave Pay - 5 days per year

at basic salary ratef. Hazard Payg. Uniformh. Average Hazard Pay

(B) Payable to the government Employee Share of:a. Social Secudty Premiumsb. Philhealth Premiumsc. State Insuralced. Pag-Ibig Fund Contributione. Retirement B€nefit

\

%rd

3 f r'.y,; t|f' 3 EIili.iS t@, EI&--------------x

BID-SECURING DECLARATIONBid Reference No. G-20'18-36

To DEVELOPMENT BANK OF THE PHILIPPINESSen. Gil J. Puyat comer lvlakati Avenue, Makati City

l, the undersigned, declare that:

1. I understand that, according to your conditions, bids must be supportad by a Bid Security,

which may be in the form of a Bid-Securing Declaration.

2. laccept that:

(a) I will be automatically disqualified from bidding for any contract with any procuring entity

for a period of two (2) years upon receipt of your Blacklisting Order, and

(b) I will pay the applicable flne provided under Section 6 of the Guidelines on the use of Bid

Securing Declaration, within fifteen days from receipt of the written demand by the procuring

entity for the @mmission of acts resulting to the enforcement of the bid securing declaration

under Sections 23j (b),34.2,40.1 and 69.1, except 69.1 (0,of thelRRof RA9184; withoutprejudice to other legal action the govemment may undertake.

3. I understand that this Bid Securing Declaration shall cease to be valid on the following

circumstances;

(a) Upon expiration of the bid validity period, or any extension thereof pursuant to your

request;

(b) I am declared ineligible or posfdisqualifled upon receipt of your notice to such effect, and

(i) I failed to timely lile a request for reconsideration or (ii) lfiled a waiver to avail of said

right;

(c) I am declared as the bidder with the Lowest Calculated and Responsive Bid/Highest

Rated and Responsive Bid, and I have fumished the performance security and signed the

Contract-l ,t' ,

INW EREOF, ! have hereunto set my hand this

- day of

-,

2018es

STEPHANY L.Head, Legal and Compliance

EIr1l;tD SWORN to before me this

- day of

-,

2018 atlippines. Affiant is personally known to me and was identified by me

QN"*,u* o*-sl, fir- , phi

\

through compileah-tt6vidence of identity as delined in the 2004 Rules on Notarjal Practice (A. [/. No

.l!.

@b

O2-8-13-SC). Affiant exhibited to me his TIN No. 257-152-09S000 with his photograph and signatureappearing thereon.

Wtness my hand and seal this

- day of 0EC I 0 rflIU

NAME OF NOTARY PUBLICSerial No. of Commission

-

Notarv Pubhc for Lrhtil

Roll of Aftorneys No.

-PTR No date/olace issuedIBP No.

-

date/place issued

-ooc. No. 32tPage No. fo *Book No. /dJSeries of 2018. Atty. Ma. Ltilsa

Nota hl!tUntil 31,201$,

t{o. 93 NS Amordnto St., l-a l.qlr2, {'luezon Cit}

tBP AR0(t0,:+5!:"

P iil ilRoll ci AliY riileil'i/r l1'' r i'0. q$_

MoLE-Y 0014377 fs!' ?_tt iai PaFi? (lii,

C..!.1..{''J :, i.!i B - .., ti_,,55r0ra:..:: t l: i:' i l' -)

\i''o'toW

/I

aaf

,rd Relerence No. C-2018-36

MNIB RN STATEMENT

3 if/oT' " o "* " fr E[515'rd$'

AFFIDAVIT

l, STEPHANY L. CONDEZ, of legal age, maried, Filipino, and with postal address at 3'd

floor CTK Bldg.,ll#70 Nicanor Roxas St.,corBanawe, Quezon City, Philippines, after havingbeen duly sworn in accordance with law, do hereby depose and state that:

1. I am the duly authorized and designated representative of ARMORTECHINTERNATIONAL TRANSPORTER CORPORATION, with office addTESS At 3'd

Floor, CTK Annex Bldg. ll, #70 Nicanor Roxas St., cor Banawe, Quezon City,Philippines;

2. I am granted full power and authority to do, execute and perform any and all actsnecessary and/or to represent ARMORTECH INTERNATIONAL TRANSPORTERCORPORATION in the bidding as shown in the attached duly notarized Secretary'sCertificate issued by the corporation;

3, ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION, iS NOt

"blacklisted" or baned from bidding by the Government of the Philippines or any of itsagencies, ofiices, corporations, or Local Govemment Units, foreigngovernment/foreign or intemational financing institution whose blacklisting ruleshave been recognized by the Govemment Procurement Policy Board;

4. Each of the documents submitted in satisfaction of the bidding requirements is anauthentic copy of the original, complete and all statements and information providedtherein are true and conect;

5. ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION, is authorizingthe Head of the Procuring Entity or its duly authorized representative(s) to verify allthe documents submitted;

6. None of the officers, directors, and controlling stockholders of ARMORTECHINTERNATIONAL TRANSPORTER CORPORATION, is related to the Head of theProcuring Entity, members of the Bids and Awards Committee (BAC), the TechnicalWorking Group, and the BAC Secretariat, the head of the Project Management Officeor the end-user unit, and the project consultants by consanguinity or affinity up to thethird civil degree;

7. ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION, complies withexistlng labor laws and standards; and

8. ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION, is aware ofand has undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents;

b) Acknowledge all conditions local or otheMise, affecting the implementation ofthe contract;

$'l

wb*(X

,id Reference No. G-2018-36

c) Made an estimate of the facilities available and needed for the contract to bebid,if any; and

d) lnquire or secure Supplemental/Bid Bulletin(s)issued for the DEVELOPMENTBANK OF THE PHILIPPINES FOR LEASE OF SEVEN (7) ARMOREDCARS EACH WITH ONE (1} SECURIW DRIVER AND TWO (2) SECURITYGUARDS FOR THE DEVELOPMENT BANK OF THE PHILIPPINES, BIDREFERENCE NO. G-201 8.35;

9. ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION did not give orpay directly or indirectly, any commission, amount, fee or any form of consideration,pecuniary or otheMise, lo any person or official, personnel or representative of thegovernmenl in relati rocuremenl proiect or activaty.

SEC rCI ?0tB

IN WITNESS WHEREOF, I hereunto set my hand this day of, 2018 at rpprnes

.,W;;

",r,^fu(p,o*o,=Head, Legal and Compliance

*j"io.-ffd

Doc. No.Page No.Book No.

SU D SWORN TO BEFORE ME, in Quezon City, Philippines, this,2018 by Ms. Stephany L. Condez who has satisfactorily proven

Afiv i'{a. t-ul5[ R , nzuela p914py pgg,_16Notary P

to me her identity through his Taxpayer ldentification No. 257-152-099-000, that she is thesame person who personally signed before the foregoing affidavit and acknowledged that heexecuted the same.

---K iic

PTR 5-100542C-O.c 0

MCLE-V cii i43

Series of 2018. Untii Dec, ,2016tNo. 93 f{S Amornfiio $ i Loma , Quezon GilY

tBP AiioljD4 59'G-g-0'l 3, ?Cl0I 3,2018P NO. ale

77 Feb. 'l 2t i6, Pasig CitY

$

{Aw)

ARMORTECH (l,d lrlolr. C I K AnDcl Blds :. 37rl \ica,ror R.1 j1r Slriel, Q!r,o' { ;r'

I LJLtOltt

We understand that you are not bound to accept the Loweit Calculated Bid or any Bid you

may receive.

We certify/confirm that we comply vrith the eligibility reqL.lirements as per ITB Clause 5 ofthe Bidding Documents.

We likewise certify/confirm that the undersigned, STEPHANY t. CONDEZ, as Head, Legal and

Compliance, as the authorized representative of the corporation, is granted fulL power and authorityby the ARMORTECH INTERNATIONAT TRANSPORTER CORPORATION, to part;cipate, submit the bjd,

and to sign and execute the ensuing contract, on the latte!'s behalf for the LEASE OF SEVEN (7)

ARMORED CARs EACH WITH ONE (1) SECURITY DRIVER AND TWO (2) SECURITY GUARDS FOR THE

DEVETOPMENT BANK OF THE PHItIPPINES, BID REFERENCE NO. G.2018-35

We acknowledge that failure to sign each and every page of this Bid Form, including the

attached Schedule of Prices, shall be a ground for the rejection of our bid.

Dated this 13th day of December 2018,

STEPH DEZ Head, L6gal and Complianc€

Duly authorized to sign Bid for and on behalf of ARMORTECH INTERNATIONAL TRANSPORTER

CORP.

\

Bid Reference No. G-2018-36

EoJ,I-J.=

i)il ARMORTECH tNrt.R\-4rt{)N:\r. rriA .'-sr'otit t 8.(.Q&jt.l,d lrlcur (l Ili 4fl,i.\ Bl.iE :. rrn Nnrnn.r 1.,:ri. Si1eel Qr!/r, ( ;!-r

Bid Rcfcrence No. e-2018-36

We certify/confirm that we comply with the eligibility rehr"iirements as per ITB Clause 5 ofthe Bidding Documents.

We likewise certify/confirm that the undersigned, STEPHANY L. CONDEz, as Head, Legal and

Compliance, as the authorized representative of the corporation, is granted full power and authorityby the ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION, to participate, submit the bid,

and to sign and execute the ensuing contract, on the latte/s behalf for the LEASE OF SEVEN (7)

ARMORED CARS EACH WITH ONE (1} SECURITY DRIVER AND TWO (2) SECURITY GUARDS FOR THE

DEVELOPMENT BANK OF THE PHILIPPINES, BID REFERENCE NO, G-2018-35

We acknowledge that failure to sign each and every page of this Bid Form, including theattached Schedule of Prices, shall be a ground for the rejection of our bld.

Dated this 13th day of December 20r.8.

STEP oEz Head, Legal and Complian€e

Duly authorized to sign Bid for and on behalf of ARMORTECH INTERNATIONAL TRANSPORTER

998P.

i

\

We understand that you are not bound to accept the Lowelt Calculated Bid or any Bid you

may receive.

l

..7 tlV///Ut-./ u

Notes on the Generat Conditions of Contract r

The cCC in Section lV, read in conjunction with the SCC in Section VLnd othfr documentslisted therein, should be a complete document expressing all the rights and obligations ofthe parties.

The GCC herein shall not be altered. Any changes and complementary information, whichmay be needed, shall be introduced only through the SCC in Section V.

oa

Section lV. General Conditions of Contract

I

$

Page 1of 18

CONTRAcT AGREEMENTPro{ur€m.nt o, Leasc of seycn (7) Armor€d Cars €ach whh On€ (1, S€c!.ity lriyer and rwo 12) se.lrhy Guardi tor the D6,€lo

gaank ofthe Phllipplnes

Cz,aL

O o

TABLE OF CONTENTS

2.

1 DEFTNTTtoNS

CoRRupr FRAUoulrltt Colrusrvr eruo Cornctvr Pnacrrces

4

5

5

3 ItrtspEcttotrt nruo Auott gv tHr Furuotuo Sounce 6

6

I 7

8. PRocuRtNGErurrry'sRESpoNStBtLtlES 7

8

9

10. PAYMENT

1,1,. Aoveuce PnyuerurarupTERMS oF Pnyuerur

12. Tnxes nruo Durrps 9

13. PERFoRMANcESECURtTy 9

1,4. UsE oF CoNTRAcT Docuurrrtts eND INFoRMATtoN 10

16. lrusprcrtott nruo Tesrs

T7, WARRANTY

18. DTTRYS Iru THE SUPPLIER,S PERFoRIV]ANCE

L9. Lteuroareo DnvacES

20. SETTLEMENT oF DtspurEs

2L. Ltnerrrry or tHr SupprtrR

22. FoRCE MAiEURE

LL

11

L2

13

13

13

L4

L4

15

15

16

16

23. TERMtNATIoN FoR DEFAULT

24. Te nutrunttorrt FoR INSoLVENcy

25. Trnurrunrtou ron CoruvrrurErucr

26. TERwIrruaroN FoR UNLAWFUL Acrs

27. PRocrounrs roR TrRvrrunttoN oF CoNTRAcrs

Page 2 of 18CONTRACI AGRIEMENT

for the Procurement of Lease ofSeven (7] Armored cars Each with One (1]Security Driver and Two (2)Security Guaadsfor theDevelopment Bank of the Philippines

fl

,A

4. GoveRrurNe Lnw lruo Lemeunce

10 Assrcruverur or Rrcsrs.....

29. CoitrRncr ANitgNot\,4rNr ..........,.,.L7

30. APPLrcATtoN....

Page 3 of 18CONTRACT AGREEMEITT

Forthe procurement oftease of Seven (7) Armored cars tach with One (1) Se.urltv Drlver and Two (2) Se.urlty Guards for theDevelopment Eank of the Phlllpplnes

$

(

$(*( s1

1. Definitions

1.1. ln thls Contract, the following terms shall be interpreted as indlcated:

(a) "The Contract" means the agreement entered into between theProcuring Entity and the Supplier, as recorded in the Contract Formsigned by the parties, including all attachments and appendices theretoand all documents incorporated by reference therein.

(b) "The Contract Price" means the price payable to the Supplier under theContract for the full and proper performance of its contractualobligations.

(c) "The Goods" means all of the supplies, equipment, machinery, spareparts, other materials and/or general support services which theSupplier is required to provide to the Procuring Entity under theContract.

(d) "The Services" means those services .ancillary to the supply of theGoods, such as transportation and insurance, and any other incidentalservices, such as installation, commissioning, provision of technicalassistance, trainlng, and other such obligations of the Supplier coveredunder the Contract.

(f) "SCC" means the Special Conditions of Contract.

(e) "The Procuring Entity" means the organization purchasing the Goods,as named in the SCC.

(h) "The Procuring Entity's country" is the Philippines.

"The Supplier" means the individual contractor, manufacturerdistributor, or firm su pplying/man ufactu ring the Goods and Servicesunder this Contract and named in the SCC.

The "Funding Source" means the organization named in the SCC.

"The Project Site," where applicable, means the place or places namedin the SCC.

(i)

(t)

(m)

"Day" means calendar day

(i)

(k)

The "Effective Date" of the contract will be the date of signing thecontract, however the Supplier shall commence performance of its

Page 4 of 18CONTRAcT AGREEMENT

Fo' the Procurement ofLease ofseven (7) Armored cars tach with one (1) seau.ity Driver and Two (2) security Guards fortheDevelopment Bank of the philippines

$

-A

(e) "GCC" means the General Conditions of Contract contained in thisSection.

W cl,ht

obligations only upon receipt of the Notice to Proceed and copy of theapproved contract.

(n) "Verified Report" refers to the report submitted by the lmplementingUnit to the HoPE setting forth its findings as to the existence of groundsor causes for termination and explicitly stating its recommendation forthe issuance of a Notice to Terminate.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.t. Unless otherwise provided in the SCC, the Procuring Entity as well as thebidders, contractors, or suppliers shall observe the highest standard of ethicsduring the procurement and execution of this Contract, ln pursuance of thispolicy, the Procuring Entity:

(a) defines, forthe purposes of this provision, the terms set forth below asfollows:

(i) "corrupt practice" means behavior on the part of officials in thepublic or private sectors by which they improperly andunlawfully enrich themselves, others, or induce others to do so,by misusing the position in which they are placed, and itincludes the offering, giving, receiving, or soliciting of anythingof value to influence the action of any such official in theprocurement process or in contract execution; entering, onb'ehalf of the Government, into any contract or transactionmanifestly and grossly disadvantageous to the same, whetheror not the public officer profited or will profit thereby, andsimilar acts as provided in Republic Act 3019.

"fraudulent practice" means a m isrepresentation of facts in

order to influence a procurement process or the execution of a

contract to the detriment of the Procuring Entity, and includescollusive practices among Bidders (prior to or after bidsubmission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of thebenefits of free and open competition.

(iii) "collusive practices" means a scheme or arrangement betweentwo or more Bidders, with or without the knowledge of theProcuring Entity, designed to establish bid prices at artificial,rion-competitive levels.

(iv) 'toercive practices" means harming or threatening to harm,

directly or indirectly, persons, or their property to influencetheir participation in a procurement process, or affect theexecution of a contracu

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(v) "obstructive practice" is

(aa) deliberately destroying, falsifying, altering or concealingof evidence material to an administrative proceedingsor investigation or making false statements toinvestigators in order to materially impede anadministrative proceedings or investigation of theProcuring Entity or any foreign govern ment/foreign orinternational financing institution into allegations of a

corrupt, fraudulent, coercive or collusive practice;and/or threatening, harassing or intimidating any partyto prevent it from disclosing its knowledge of mattersrelevant to the administrative proceedings orinvestigation or from pursuing such proceedings orinvestigation; or

(bb) acts intended to materially impede the exercise of theinspection and audit rights ofthe Procuring Entity or anyforeign govern mentforeign or international financinginstitution herein.

(b) will reject a proposal for award if it determines that the Bidderrecommended for award has engaged in any of the practicesmentioned in this Clause for purposes of competing for the contract.

2.2. Further the Funding Source, Borrower or Procuring Entity, as appropriate, willseek to impose the maximum civil, administrative and/or criminal penaltiesavailable under the applicable law on individuals and organizations deemed tobe involved wlth any of the practices mentioned in GCC Clause 2.1(a).

lnspection and Audit by the Funding Source

The supplier shall permit the Funding Source to inspect the Supplier's accounts andrecords relating to the performance of the supplier and to have them audited byauditors appointed by the Funding Source, if so requirbd by the Funding Source.

Governing Law and Language

4.L. This Contract shall be interpreted in accordance with the laws ofthe Republicof the Philippines.

This Contract has been executed in the English language, which shall be thebinding and controlling language for all matters relating to the meaning orinterpretation of this Contract. All correspondence and other documentspertaining to this contract exchanged by the parties shall be written in English.

4.2.

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5.1.

5.2.

6. Scope ofContract

6.7

6.2.

7. Subcontracting

7.L.

1.2.

Any notice, request, or consent required or permitted to be given or madepursuant to this contract shall be in writing. Any such notice, request, orconsent shall be deemed to have been given or made when received by theconcerned party, either in person or through an authorized representative ofthe Party to whom the communication is addressed, or when sent byregistered mail, telex, telegram, or facsimile to such party at the addressspecified in the SCC, which shall be effective when delivered and duly receivedor on the notice's effective date, whichever is later.

A Party may change its address for notice hereunder by giving the other party

notice of such change pursuant to the provisions listed in the SC€ for GCC

Clause 5.1.

The Goods and Related Services to be provided shall be as specified in SectionVl. Schedule of Requirements.

This Contract shall include all such items, although not specifically mentioned,that can be reasonably inferred as being required for its completion as if suchitems were expressly mentioned herein. Any additional requirements for thecompletion of this Contract shall be provided in the SCC.

Subcontracting of any portion of the Goods, if allowed in the BDS, does notrelieve the Supplier of any liability or obligation under this Contract. TheSupplier will be responsible for the acts, defaults, and negligence of anysubcontractor, its agents, servants or workmen as fully as if these were theSupplier's own acts, defaults, or negligence, or those of its agents, servants orworkmen.

lf subcontracting is allowed, the Supplier may identify its subcontractor duringcontract implementation. Subcontractors disclosed and identified during thebidding may be changed during the implementation of this Contract. ln eithercase, subcontractors must submit the documentary requirements under ITB

Clause 12 and comply with the eligibility criteria specified in the BDS. ln theevent that any subcontractor is found by the Procuring Entity to be ineligible,

the subcontracting of such portion of the Goods shall be disallowed.

8. ProcuringEntity'sResponsibilities

o1 Wheneverthe performance ofthe obligations in this Contract requiresthattheSupplier obtain permits, approvals, import, and other licenses from local public

authorities, the Procuring Entity shall, if so needed by the Supplier, make its

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Procurement of L€ase ofseven (7) Armored Cars Each with One (1) securlty Driver and \

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5. Notices

(

best effort to assist the Supplier in complying with such requirements in a

timely and expeditious manner.

a) The Procuring Entity shall pay all costs involved in the performance of itsrespo nsibilities in accordance with GCC Clause 6.

9.1. For the given scope of work in this Contract as awarded, all bid prices areconsidered fixed prices, and therefore not subject to price escalation duringcontract implementation, except under extraordinary circumstances and uponprior approval of the GPPB in accordance with Section 61 of R.A. 9184 and itsIRR or except as provided in this Clause.

9.2. Prices charged by the Supplier for Goods delivered and/or services performedunder this Contract shall not vary from the prices quoted by the Supplier in itsbid, with the exception of any change in price resulting from a Change Orderissued in accordance with GCC Clause 29.

10.1. Payments shall be made only upon a certiflcation by the HopE to the effectthat the Goods have been rendered or delivered in accordance with the termsof this contract and have been duly inspected and accepted, Except with theprior approval of the President no payment shall be made for services not yetrendered or for supplies and materials not yet delivered under this Contract.At least one percent (1%) but shall not exceed five percent (5%) ofthe amountof each payment shall be retained by the procuring Entity to cover theSupplier's warranty obligations under this Contract as described in GCC Clause17.

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9. Prices

10. Payment

10.2. The supplier's request(s) for payment shall be made to the procuring Entity inwriting, accompanied by an invoice describing, as appropriate, the Goodsdelivered and/or Services performed, and by tlocuments submitted pursuantto the SCC provision for GCC Clause 6.2, and upon fulfillment of otherobligations stipulated in this Contract.

10.3. Pursuant to GCC Clause 10.2, payments shall be made promptly by theProcuring Entity, but in no case later than sixty (60) days after submission ofan invoice or claim by the supplier. payments shall be in accordance with theschedule stated in the SCC.

10.4. Unless otherwise provided in the scc. the currency in which payment is madeto the Supplier under this Contract shall be in philippine pesos.

10.5. Unless otherwise provided in the scc. payments using Letter of credit (LC), inaccordance with the Guidelines issued by the GppB, is allowed. For thispurpose, the amount of provisionar sum is indicated in the scc. A[ charges for

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the opening of the LC and/or incidental expenses thereto shall be for theaccount of the Supplier.

L1,. Advance Payment and Terms of Payment

L7.7. Advance payment sha ll be made only after prior approval of the President, andshall not exceed fifteen percent (15%) of the Contract amount, unlessotherwise direcied by the President or in cases allowed under Annex "D" of RA

9L84.

tL.2. All progress payments shallfirst be charged against the advance payment untilthe latter has been fully exhausted.

11.3. For Goods supplied from abroad, unless otherwise indicated in the SCC, theterms of payment shall be as follows:

(a) On Contract Signature: Fifteen Percent (15%) ofthe Contract Price shallbe paid within sixty (60) days from signing of the Contract and uponsubmission of a claim and a bank guarantee for the equivalent amountvalid until the Goods are delivered and in the form provided in SectionVlll. Bidding Forms.

(b) On Delivery: Sixty-five percent (65%) of the Contract Price shall be paid

to the Supplier within sixty (60) days after the date of receipt of theGoods and upon submission of the documents (i) through (vi) specifiedin the SCC provision on Delivery and Documents.

(c) On Acceptance: The remaining twenty percent l2Oo/"1 of the ContractPrice shall be paid to the Supplier within sixty (60) days after the dateof submission of the acceptance and inspection certificate for therespective delivery issued by the Procuring Entity's authorizedrepresentative. ln the event that no inspection or acceptance

certificate is issued by the Procuring Entity's authorized representativewithin forty five (45) days of the date shown on the delivery receipt,the Supplier shall have the right to claim payment of the remainingtwenty percent (20%) subject to the Procuring Entity's own verificationof the reason(s) for the failure to issue documents (vii) and (viii) as

described in the SCC provision on Delivery and Documents.

L2. Taxes and Duties

The Supplier, whether local or foreign, shall be entirely responsible for all thenecessary taxes, stamp duties, license fees, and other such levies imposed for the

completion of this Contract.

13. PerformanceSecuritY

13.1. Within ten (10) calendar days from receipt of the Notice of Award from the

Procuring Entity but in no case later than the signing of the contract by both

Page I of 18CONTRACT AGREEMEI'IT

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parties, the successful Bidder shall furnish the performance security in any theforms prescribed in the ITB Clause 33.2.

13.2. The performance security posted in favor of the Procuring Entity shall beforfeited in the event it is established that the winning bidder is in default inany of its obligations under the contract.

L3.3. The performance security shall remain valid until issuance by the ProcuringEntity of the Certificate of Final Acceptance.

13.4. The performance security may be released by the Procuring Entity andreturned to the Supplier after the issuance of the Certificate of FinalAcceptance subject to the following conditions:

(a) There are no pending claims against the Supplier or the surety companyfiled by the Procuring Entity;

(b) The Supplier has no pending claims for labor and materials filed againstit; and

13.5. ln case of a reduction of the contract value, the procuring Entity shall allow aproportional reduction in the original performance security, provided that anysuch reduction is more than ten percent (10%) and that the aggregate of suchreductions is not more than fifty percent (50%) of the original performancesecu rity.

L4. Use of Contract Documents and lnformation

14.1. The Supplier shall not, except for purposes of performing the obligations in thisContract, without the Procuring Entity's prior written consent, disclose thisContract, or any provision thereof, or any specification, plan, drawing, pattern,sample, or information furnished by or on behblf of the procuring Entity. Anysuch disclosure shall be made in confidence and shall extend only as far as maybe necessary for purposes of such performance.

14'2. Any document, other than this contract itself, enumerated in Gcc clause 14.1shall remain the property of the procuring Entity and shall be returned (allcopies) to the Procuring Entity on completion of the Supplier,s performanceunder this Contract if so required by the procuring Entity.

Standards

The Goods provided under this contract shall conform to the standards mentioned inthe section vrr. Technical specifications; and, when no applicable standard is mentioned,to the authoritative standards appropriate to the Goods' country of origin. suchstandards shall be the latest issued by the institution concerned.

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(c) Other terms specified in the SCC.

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15. lnspection and Tests

16.1. The Procuring Entity or its representative shall have the right to inspect and/orto test the Goods to confirm their conformity to the contract specifications atno extra cost to the Procuring Entity, The scc and section v[. TechnicarSpecifications shall specify what inspections and/or tests the procuring Entityrequ ires a nd where they a re to be conducted. The procuring Entity shall notifythe Supplier in writing, in a timely manner, of the identity of anyrepresentatives retained for these purposes.

16.2. lf applicable, the inspections and tests may be conducted on the premises ofthe Supplier or its su bcontractor(s), at point of delivery, and/or at the goods,final destination. lf conducted on the premises of the Supplier or itssu bcontractor(s), all reasonable facilities and assistance, including access todrawings and production data, shall be furnished to the inspectors at no chargeto the Procuring Entity. The Supplier shall provide the Procuring Entity withresults of such inspections and tests.

16.3. The Procuring Entity or its designated representative shall be entitled to attendthe tests and/r-rr inspections referred to in this Clause provided that theProcuring Entity shall bear all of its own costs and expenses incurred inconnection with such attendance including, but not limited to, alltraveling andboard and lodging expenses.

16.4. The Procuring Entity may reject any Goods or any part thereof that fail to pass

any test and/or inspection or do not conform to the specifications. TheSupplier shall either rectify or replace such rejected Goods or parts thereof ormake alterations necessary to meet the specifications at no cost to theProcuring Entity, and shall repeat the test and/or inspection, at no cost to theProcuring Entity, upon giving a notice pursuant to GCC Clause 5.

16.5. The Supplier agrees that neither the execution of a test and/or inspection ofthe Goods or any part thereof, nor the attendance by the Procuring Entity orits representative, shall release the Supplier from any warranties or otherobligations under this Contract.

L7. Warranty

L-l .7. The Supplier warrants that the Goods supplied under the Contract are new,unused, of the most recent or current models, and that they incorporate allrecent improvements in design and materials, except when the technicalspecifications required by the Procuring Entity provides otherwise.

17 .2. The Supplier further warrants that all Goods supplied under this Contract shall

have no defect, arising from design, materials, or workmanship or from any actor omission of the Supplierthat may develop u nder normal use of the suppliedGoods in the conditions prevailing in the country of final destination.

Page u of 18COI{TRACT AGREEMEI{T

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77.3. ln order to assure that manufacturing defects shall be corrected by theSupplier, a warranty shall be required from the Supplier for a minimum periodspecified in the SCC. The obligation for the warranty shall be covered by, atthe Supplier's option, either retention money.in an amount equivalent to atleast one percent (1%) but shall not exceed five percent (5%) of every progreespayment, or a special bank guarantee equivalent to at least one percent (1%)but shall not exceed five percent (5%) of the total Contract Price or other suchamount if so specified in the SCC. The said amounts shall only be released afterthe lapse ofthe warranty period specified in the SCC; provided, however, thatthe Supplies delivered are free from patent and latent defects and all theconditions imposed under this Contract have been fully met.

L7.4. The Procuring Entity shall promptly notify the Supplier in writing of any claimsarising under this warranty. Upon receipt of such notice, the Supplier shall,within the period specified in the SCC and with all reasonable speed, repair orreplace the defective Goods or parts thereof, without cost to the procuringEntity.

L7.5. lf the Supplier, having been notified, fails to remedy the defect(s) within theperiod specified in GCC Clause 17.4, the Procuring Entity may proceed to takesuch remedial action as may be necessary, at the Supplier's risk and expenseand without prejudice to any other rights which the procuring Entity may haveagainst the Supplier under the Contract and under the applicable law.

Delays in the Supplier's Performance

18.1. Delivery of the Goods and/or performance of Services shall be made by theSupplier in accordance with the time schedule prescribed by the procuringEntity in Section Vl. Schedule of Requirements.

18.2 lf at any time during the performance of this Contract, the Supplier or itsSubcontractor(s) should encounter conditions impeding timely delivery of theGoods and/or performance of Services, the Supplier shall promptly notify theProcuring Entity in writing of the fact of the delay, its likely duration and itscause(s). As soon as practicable after receipt ofthe Supplier,s notice, and uponcauses provided for under GCC Clause 22, the,procuring Entity shall evaluatethe situation and may extend the Supplier,s time for performance, in whichcase the extension shall be ratified by the parties by amendment of Contract.

18.3. Except as provided under GCC Clause 22, a delay by the Supplier in theperformance of its obligations shall render the Supplier liable to the impositionof liquidated damages pursuant to GCC clause 19, unless an extension of timeis agreed upon pursuant to GCC crause 29 without the apprication of riquidateddamages.

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19. Liquidated Damages

Su bject to GCC clauses 18 and 22, if the Su pplier fails to satisfactorily deliver a ny o r a llof the Goods and/or to perform the services within the period(s) specified in thiscontract inclusive of duly granted time extensions if any, the procuring Entity shall,without prejudice to its other remedies under this contract and under the applicablelaw, deduct from the Contract Price, as liquidated damages, the applicable rate ofonetenth (1/10) of one (1) percent of the cost of the unperformed portion for every dayof delay until actual delivery or performance. The maximum deduction shall be tenpercent (10%) of the amount of contract. Once the maximum is reached, theProcuring Entity may rescind or terminate the Contract pursuant to GCC Clause 23,without prejudice to other courses of action and remedies open to it.

20, Settlement of Disputes

20.7. lf any dispute or difference of any kind whatsoever shall arise between theProcuring Entity and the Supplier in connection with or arising out of thlsContract, the parties shall make every effort to resolve amicably such disputeor difference by mutual consultation.

20.2. lf after thirty (30) days, the parties have failed to resolve their dispute ordifference by such mutual consultation, then either the procuring Entity or theSupplier may give notice to the other party of its intention to commencearbitration, as hereinafter provided, as to the matter in dispute, and noarbitration in respect of this matter may be commenced unless such notice is

given.

20.3. Any dispute or difference in respect of which a notice of intention tocommence arbitration has been given in accordance with this Clause shall besettled by arbitration. Arbitration may be commenced priorto or after deliveryof the Goods under this contract.

20.4 ln the case of a dispute between the Procuring Entity and the Supplier, thedispute shall be resolved in accordance with Republic Act 9285 ("R.A. 9285"),otherwise known as the "Alternative Dispute Resolution Act of 2004."

20.5. Notwithstanding any reference to arbitration herein, the parties shall continueto perform their respective obligations under the Contract unless theyotherwise agree; and the Procuring Entity shall pay the Supplier any moniesdue the Supplier.

2L. Liability of the Supplier

21.1. The Supplier/s liability under this Contract shall be as provided by the laws ofthe Republic ofthe Philippines, subject to additional provisions, if any, set forthin the SCC.

PaBe 13 of 18CONTRACT AGREEMENT

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2L.2 Except in cases of criminal negligence or willful misconduct, and in the case ofinfringement of patent rights, if applicable, the aggregate liability of theSupplier to the Procuring Entity shall not exceed the total Contract Price,provided that this limitation sha ll not apply to the cost of repairing or replacingdefective equipment.

22. Force Majeure

22.L, The Supplier shall not be liable for forfeiture of its performance security,liquidated damages, or termination for default if and to the extent that theSupplier's delay in performance or other failure to perform its obligationsunder the Contract is the result ol aforce mojeure.

22.2. For purposes of this Contract the terms"t'orce majeure" and "fortuitous event"may be used intercha ngea bly. In this regard, a fortuitous event or /orcemojeure shall be interpreted to mean an eveht which the Suppller could nothave foreseen, or which though foreseen, was inevitable. lt shall not includeordinary unfavorable weather conditions; and any other cause the effects ofwhich could have been avoided with the exertise of reasonable diligence bythe Supplier. Such events may include, but not,limited to, acts ofthe procuring

Entity in its sovereign capacity, wars or revolutions, fires, floods, epidemics,quarantine restrictions, and freight embargoes.

22.3. lf a force mojeure situation arises, the Supplier shall promptly notify theProcuring Entity in writing of such condition and the cause thereof. Unlessotherwise directed by the Procuring Entity in writing, the Supplier shallcontinue to perform its obligations under the Contract as far as is reasonablypractical, and shall seek all reasonable alternative means for performance notprevented by the Jorce majeure.

23, Termination for Default

23.1. The Procuring Entity shall terminate this contract for default when any of thefollowing conditions attends its implementation:

(a) Outside oflorce mojeure, the Supplier fails to deliver or perform any orall of the Goods within the period(s) specified in the contract, or withinany extension thereof granted by the procuring Entity pursuant to arequest made by the Supplier prior to the delay, and such failureamounts to at least ten percent (10%) of the contact price;

(b) As a result oflorc e majeure, the Suppliei is unable to deliver or performany or all of the Goods, amounting to at least ten percent (10%) of thecontract price, for a period of not less than sixty (60) calendar days afterreceipt of the notice from the procuring Entity stating that thecircumstance of force majeure is deemed to have ceased; or

(c) The supplier fails to perform any other obrigation under the contract.

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23-2. In the event the Procuring Entity terminates this contract in whole or in part,for any of the reasons provided under GCC Clauses 23 to 26, the procuringEntitv may procure, upon such terms and in such manner as it deemsappropriate, Goods or Services similar to those undelivered, and the Suppliershall be liable to the Procuring Entity for any excess costs for such similarGoods or Services. However, the Supplier shall continue performance of thisContract to the extent not terminated.

23.3. ln case the delay in the delivery of the Goods and/or performance of theServices exceeds a time duration equivalent to ten percent (10%) of thespecified contract time plus any time extension duly granted to the Supplier,the Procuring .Entity may terminate this Contract, forfeit the Supplier,sperformance security and award the same to a qualified Supplier.

24. Termination for lnsolvency

The Procuring Entity shall terminate this Contract if the Supplier is declared bankruptor insolvent as determined with finality by a court of competent jurisdiction. ln thisevent, termination will be without compensation to the Supplier, provided that suchtermination will not prejudice or affect any right of action or remedy which hasaccrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

25. Termination for Convenience

25.L. The Procuring Entity may terminate this Contract, in whole or in part, at anytime for its ccinvenience. The HoPE may terminate a contract for theconvenience of the Government if he has determined the existence ofconditions that make Project lmplementation economically, financially ortechnically impractical and/or unnecessary, such as, but not limited to,fortuitous event(s) or changes in law and national government policies.

25.2. The Goods that have been delivered and/or performed or are ready fordelivery or performance within thirty (30) calendar days after the Supplier'sreceipt of Notice to Terminate shall be accepted by the Procuring Entity at thecontract terms and prices. For Goods not yet performed and/or ready fordelivery, the Procuring Entity may elect:

(a) to have any portion delivered and/or performed and paid at thecontract terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount forpartially completed and/or performed goods and for materials andparts previously procured by the Supplier.

25.3. lf the Supplier suffers loss in its initial performance of the terminated contract,such as purchase'of raw materials for goods specially manufactured for theProcuring Entity which cannot be sold in open market, it shall be allowed torecover partially from this Contract, on a quontum meruit basis. tsefore

Page 15 of 18CONTRACT AGREEMENT

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recovery may be made, the fact of loss must be established under oath by theSupplier to the satisfaction of the Procuring Entity before recovery may bemade.

26. Termination for Unlawful Acts

(a) Upon receipt of a written report of acts or causes which may constituteground(s) for termination as aforementioned, or upon its owninitiative, the lmplementing Unit shall, within a period of seven (7)calendar days, verify the existence of such ground(s) and cause theexecution of a Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the lmplementing Unit, the HopE shallterminate this Contract only by a written notice to the Supplierconveying the termination of this Contract. The notice shall state:

(i) that this Contract is being terminated for any of the ground(s)afore-mentioned, and a statement of the acts that constitutethe ground(s) constituting the same;

(ii) the extent of termination, whether in whole or in part;

(iii) an instruction to the Supplier to show cause as to why thisContract should not be terminated; and

(iv) special instructions of the procuring Entity,, if any.

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26.1. The Procuring Entity may terminate this Contra'ct in case it is determined primofocie that the Supplier has engaged, before or during the implementation ofthis Contract, in unlawful deeds and behaviors relative to contract acquisitionand implementation. Unlawful acts include, but are not limited to, thefollowlng:

(a) Corrupt, fraudulent, and coercive practices as defined in ITB Clause3.1(a );

(b) Drawing up or using forged documents;

(c) Using adulterated materials, means or methods, or engaging inproduction contrary to rules of science.or the trade; and

(d) Any other act analogous to the foregoing.

27. Procedures for Termination of Contracts

27.L. The following provisions shall govern the procedures for termination of thisContract:

/

28.

29.

(d) Within a period of seven (7) calendar days from receipt of the Notice ofTermination, the Supplier shall submit to the HopE a verified positionpaper stating why this Contract should not be terminated. lf theSupplier fails to show cause after the lapse of the seven (7) day period,either by inaction or by default, the HopE shall issue an orderterminating this Contract;

(e) The Procuring Entity may, at any time before receipt of the Supplier,sverified position paper described in item (d) above withdraw the Noticeto Terminate if it is determined that certain items or works subject ofthe notice had been completed, delivered, or performed before theSupplier's receipt of the notice;

(f) Within a non-extendible period of ten (1-0) calendar days from receiptof the verified position paper, the HoPE shall decide whether or not toterminate this Contract. lt shall serve a written notice to the Supplierof its decision and, unless otherwise provided, this Contract is deemedterminated from receipt of the Supplier of the notice of decision. Thetermination shall only be based on the ground(s) stated in the Noticeto Terminate;

(e) The HoPE may create a Contract Termination Review Committee(CTRC) to assist him in the discharge of this function. All decisionsrecommended by the CTRC shall be subject to the approval of theHoPE; and

(h) The Supplier must serve a written notice to the Procuring Entity of itsintention to terminate the contract at least thirty (30) calendar daysbefore its intended termination. The Contract is deemed terminated ifit is not resumed in thirty (30) calendar days after the receipt of suchnotice by the Procuring Entity.

Assignment of Rights

The Supplier shall not assign his rights or obligations under this Contract, in whole orin part, except with the Procuring Entity's prior written consent.

Contract Amendment

Subject to applicable laws, no variation in or modification of the terms of this Contractshall be made except by written amendment signed by the parties.

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30. Application

These General Conditions shall apply to the extent that they are not superseded byprovisions of other parts of this Contract.

Page 18 of 18CONTRACI AGRETMENT

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Section V. Speciol Conditions of Controct

I

Notes on the Special Conditions of Contract

Similar to the BDS, the clauses in this Section are intended to assist the Procuring Entity inproviding contract:specific information in relation to corresponding clauses in the GCC.

The provisions of this Section complement the GCC, specifying contractual requirementslinked to the special circumstances of the Procuring Entity, the Procuring Entity's country,the sector, and the Goods/Services purchased/obtained. ln preparing this Section, thefollowing aspects should be checked:

(a) lnformation that complements provisions of Section lV must be incorporated.

(b) Amendments and/or supplements to provisions of Section lV, as necessitatedby the circumstances ofthe specific purchase, must also be incorporated.

However, no special conditiorr which defeats or negates the general intent and purpose ofthe provisions of Section lV should be incorporated herein.

For foreign-assisted projects, the Special Conditions of Contract to be used is provided in

Section lX-Foreign-Assisted Projects.

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Pate 1of l0CONTRACT AGRETMENI

Each with One (l) Securlty Drlver and Two 12)aant of the Ph\lippines

for the Devetopment

"4

i

I

\

W l,frl,fi,f/qil4.1./

o t

I

SPECIAL CONDITIONS OF THE CONTRACT

Page 2 of 10CONTRACT AGREEMENT

S€ven (7) Armored Cars Each with One (1) Security Drlver and Two {2) Secrrlty Guards for the DevelopmentBank of the Philippines

t$

GCC CLAUSE

1.1(s) The Procuring Entity is DEVELOPMENT BANK OF THE PHILIPPINES (DBP) Cosh

Operotions De, ttmentThe Supplier is ARMORED SERVICE PROVIDER WITH SECURITY sERvlcEs lNJOINT VENTURE AGREEMENT BETWEEN ARMORTECH INTERNATIONAL

TRANSPORTER CORPORATION AND GATIANTRY SECURITY ANDINVESTIGATION AGENCY, INC.

1.1(i)

1:1(i) The Funding Source is Development Bank ofthe Philippines (DBP) through Cash

Operations Department Corporate Budget for CY 20L9 in the amount ofTWELVE MltLlON SIX HUNDREo THOUSAND PESOS (Php12,600,000.00) for a

period of one (1) year. However, actual payment during contractimplementation shall be based on actual services rendered and the rate as

offered/awarded.1.1 (k) The Project Site is as stated in the Terms of Reference.

2.1. No further instructions.5.1

DEVETOPMENT BANK OF THE PHILIPPINES

G/F Cash operations Department, Makati Ave cor. Gil Puyat AvenueMakati CityAVP Anecita Agnesia A. AlfecheHead, Cash Operations DepartmentTelephone: (02) 818 9511 local 6128Email Add: aaaalfeche@d b p.ph

ARMORED SERVICE PROVIDER WITH SECURITY SERVICES IN JOINT VENTURE

AGREEMENT BETWEEN ARMORTECH INTERNATIONAL TRANSPORTER

CORPORATION AND GATTANTRY SECURITY AND INVESTIGATION AGENCY,

tNc.3rd Floor CTK Building, No. 70 N. Roxas St. cor. Banawe St.,

Quezon CityMr. Paul S. Cham

President and Chief Executive Officer i

Armortech lnternational TransporterTelephone: (O2l740 7772173local 15 or 16Email Add: legal@ armortech.p h

The Supplier's address for Notices is:

6,2 Any additional requirements for the completion of this Contract shall be

provided in the Terms of Reference.

10.3 The terms of payment shall be as follows:

For and in consideration of the Services to be rendered by the Supplier underthis Contract, the Procuring Entity shall pay the contract price for theprocurement of lease of seven (7) Armored Car Services each with one (1)

Security Driver and two (2) Secu Guards for the De rtment of the

For the Procurementof Lease

).C\

The Procuring Entity's address for Notices is:

fu,il

Development Bank of the Philippines the amount of PHILIPPINE PESOS:

TWELVE MILLION SIX HUNDRED THOUSAND (Php12,600,000.00) for a periodof one (1) year from the issuance of Notice to Proceed, inclusive of VAT and all

applicable taxes, hereinafter referred as the "Contract Price".

All payments due hereunder shall via credit to the Supplier's deposit account

with the Procuring Entity and shall be subject to applicable withholding tax.

The Contract Price shall remain the same during the one-year term of thisContract.

Payment shall he processed within fifteen (15) calendar days after acceptance

and submission of required documents for payment as indicated in the Terms

of Reference, such as:

(i) Billing (Statement of Account) or Original and duplicate BIR VAT

registered Supplier's Invoice issued under the name of the DBP indicating

Purchase Order Number. All entries in the Invoice must be typewritten orcomputer printed.

The Expanded Withholding Tax (EWT) due to the government shall be

withheld by the Procuring Entity from any payment made to the Supplier. The

EWT deducted by DBP shall be at the rate prescribed by the Bureau of lnternalRevenue (BlR), and shall be remitted directly to the BlR. lt shall be indicated in

the creditable rvithholding tax return to be filed with the BIR that the tax being

withheld is to be credited to the Supplier. The Certificate of Creditable Tax

Withheld at Source shall be submitted by the Procuring Entity to Supplier

within fifteen (15) calendar days from receipt of payment by the Supplier'

10.4 No fu rther instructions.10.5 Pa ment using LC is not allowed

No fu rth er instructions13.a(c)

L6.t Subject to inspection based on requ irements/specification as indicated in theTerms of Reference

Not applicableL7.3

17 .4 licableNot a

21,.1 All partners to the joint venture shall be jointly and severally liable to the

Procuring Entity.

Each of the Parties acknowledge and agree that, in the course of discharging

their obligations under this Contract, they may be provided with or given

access to technical information, as well as information about product pla ns and

strategies, promotions, customers and related non-technical business

information which the disclosing party considers to be confidential

("Confidential lnformation") in verbal or written form. Confidential

lnfoimation shall also include, but not be limited to, the Parties' software

programs, formula, methods, know-how, processes, designs, new products,

developmental work, marketing requirements, marketing plans, customer

names and related information, prospective customer names, and all

information either clearly identified in writing

Non-Disclosure

at the time of disclosure as

OtherProvisions

Paee 3 of 10CONTRACT AGAEEMENT

Seven (7)Armored Cars Each with One (1) Securlty Driver and Two (2) \

$/.

For the Procurement ofBank of the Philippi

Guards for the DeveloPment

(

confidential, or that a reasonable person at the time of disclosure reasonablywould consider, under the circumstances, to be Confidential lnformation.Confidential lnformation includes all information received from third partiesthat either Party is obligated to treat as confidential and oral information thatis identified by either Party as confidential.

Both Parties hereby warrant and ensure that the terms and conditions of thisContract including the implementation hereof shall be kept confidential andshall not be disclosed to any other Party during and after the effectivity of thisContract without the express written consent of the Procuring Entity.Similarly, the employees and agents of a Party shall strictly observe andmaintain the confidentiality of the other Party's Confidential lnformation.

The Parties' Confidential lnformation will remain their own property andneither Party shall be deemed to have acquired any right, title or interest insuch Confidential lnformation by reason of its access to the same or by virtueof this Contract.

The Parties, including their employees and agents shall strictly maintain theconfidentiality of the other Party's Confidential lnformation and shall notdisclose, disseminate or otherwise give such Confidential lnformation to anyother person, firm, organization or third party, except to an employee or agentof the Party who has reasonable need to obtain access thereto in connectionwith the performance of its obligations under this Contract and who shallsimilarly not disclose nor use for any other purpose, such Confidentiallnformation.

Notwithstanding the foregoing, each party shall not be subject to theobligations of confidentiality if the Confidential lnformation, under thefollowing circumstances -

(i) becomes publicly known without either party violating this Contracu(ii) is already rightfully known to the parties without restrictions at the time ofits disclosure;(iii) after its dlsclosure by one party is madb known to the other withoutrestrictions by a Third Party having the right to do so; or(iv) is legally required to be disclosed pursuant to a judicial order from a courtof competent jurisdiction (provided that the party being required to disclosepromptly informs the other of the requirement in writing within three (3) daysfrom receipt of such order to discrose and prior to making such discrosure andaffords said Party reasonable opportunity to contest the required disclosure).

Each Party agrees to take all commercially reasonable steps to ensure thatconfidential lnformation is not disclosed or distributed by its employees oragents in breach of this Contract. The parties agree to hold each other,sconfidential rnformation in confidence during the term ofthis contract and fora pe r od f fi e a r5 from d ate he reof Ea ch Pa rty a ckn o ed eS a nda rees that, d ue to the un que n atu re the re ca nbe no a deq uate rem d at a for b rea ch of th s confident t S ct to da v e n a nthat s uch b Iea ch ou d ca U se rrepa Ia b e ha rm to the P rtyathe refo re the n on-b reach n Pa rt s ha be ent t ed to ks ee

{t

1

+h

For the Procurement of tease otseven (7) Armored Cars

Page 4 of 10CONTRACTAGREEMENT

Each with One-(1).Security Driverand Two (2) Security Guards forthe DevejopmentBank ot the phitippines

(s)

of Confidentia I lnformation,

non-breachingimmediate

injunctive relief, in addition to whatever remedies it might have at law or underthis Contract. This section constitutes the entire understanding of the Partiesand supersedes all prior or contemporaneous agreements, representations ornegotiations, whether oral or written, with respect to Confidential lnformationdisclosed in connection with this Contract or any Services provided hereunder.

Property Rights

All memoranda, reports, working papers, schedules, computer records and databases and any other such material (collectively defined as "Data")produced/processed, provided and/or transferred by the Procuring Entity to theSupplier in the course of the use of the Goods and performance of the Services

shall at all times be the property ofthe Procuring Entity, and the same shall notin any way be reproduced or duplicated. Upon termination or expiration oftheContract or at such othertime as the Procuring Entity may request, the Supplier

shall return all the Data to the Procuring Entity.

The Procuring Entity retains the exclusive rights over the Data processed and

systems developed under the Contract and the Supplier nor any of its officers,

directors, stocl<holders, employees, agents or representatives, shall not directlyor indirectly, in any event whatsoever, reproduce, distribute, exploit, lease or

license, or handle or cause or permit to be reproduced, distributed, leased,

licensed, exploited or handled any of the Data and systems' procedures,

applications and other derivatives.

Proprietary and Ownership

All of the copyright and intellectual property rights in the Goods/Services,

Documentation and all copies thereof are owned by the Supplier or itssubsidiaries, or their respective suppliers and are protected by copyright

and/or trade secret laws and international treaty provisions. The Procuring

Entity acquires only the non-exclusive, non-transferable right to use theGoods/Servicei as permitted herein, and does not acquire any rights ofownership in the said Goods/Services.

lnfringement lndemnity

The Supplier, at its own expense, agrees to (a) defend any claim or suit against the

Procuring Entity on the basis of infringement of any copyright, trademark, trade

secret or patent ("lntellectual Property Rights") in connection with the Procuring

Entiq/s use ofthe Goods/Services, and (b) pay any finaljudgment entered against

the Procuring Entity on such issue or any settlement thereof, provided that the

Procuring Entity shall:

Notify the Supplier promptly in writing of each of such claim or suit and give

Supplier all information known to the Procuring Entity relating thereto;

Give the Supplier sole control ofthe defense and/or settlement; and

Cooperate with Supplier in the settlement and/or defense.

The Procuring Entity will be reimbursed for all reasonable out-of-pocket expenses

incurred in providin an cooperation uested by the Su lier.

\PaBe 5 of 10

CONIRACI AGREEMENT

Forthe Procurement of Lease ofseven (7)Armored cars Each with One (1)Security Driver and Two (2)

Bank of the Philipplnes

rds Ior the Development

s,t'WI 9,4

Page 6 of 10CONIRACT AGREEMENT

t$

lf all or any pa* of the Goods/Services is, or in the opinion of the Supplier maybecome, the subject of any claim or suit for infringement of any lntellectualProperty Right, or in the event of any adjudication that the Goods/Services or anypart does infringe, or if Procuring Entity's use of the GoodsAervices or any part isenjoined, the Supplier, at its expense, may either: (a) procure for the ProcuringEntity the right to Use the Goods/Services or the affected paru (b) replace theGoods/Services or affected part; (c) modify the Goods/Services or affected part tomake it non-infringing; or (d) if none of the foregoing remedies are commerciallyand reasonably feasible, refund to the Procuring Entity the license fees received bythe Supplier for the Goods/Services.

The Supplier shall have no obligation to the extent a claim is based upon (a) use ofany version of the Goods/Services other than.a current, unaltered version, ifinfringement would have been avoided by a current, unaltered version; (b)combination, operation or use of the Goods/Services with other software and/orhardware not delivered by the Supplier or recommended by the Supplier in theDocumentation, if such infringement could have been avoided by not combiningoperating or using the Software with such other software and/or hardware, or (c)any modifications to the Software which were not made by the Supplier.

Business Continuity Plan

The Supplier warrants that it has existing Business Continuity plan whichincludes continuity service and disaster recovery plans that minimize theprobability and impact of interruptions to the procuring Entity and an exit planto be implemented upon termination of the.Contract that provides, amongothers, for transition assistance should the Supplier convert to other serviceproviders or other arrangements.

Acknowledgment of Transparency of Transaction

The Supplier acknowledges that under existing policy of the procuring Entity,no gift, fee, commission or benefit in favor cif any of the procuring Entity,sofficers and/or employees and/or any other persons is required as a conditionto, or as an additional consideration for, the award of the Contract to theSupplier. The Supplier further acknowledges that under the Code of Ethics ofthe Procuring Entity, its personner have the duty to report to superior officersany possible violation ofthe policy.

The Supplier is aware that the procuring Entity is a government-ownedcorporation and that the receipt by any of the procuring Entity's officers and/oremployees and/or other persons, as well as tlie giving by the Supplier, unlessopportunely disclosed pursuant to the provisions of presidential Decree No.749 of such gift, fee or commission, are crimes punishable under the provisionofthe Anti-Graft and Corrupt practices Act (Republic Act No. 30r.9), Title V[ ofthe Revised Penal code on crimes committed by public officers, the code ofConduct and Ethical standards for public officers and Employees (Republic ActNo. 6713), the Plunder Law (Republic Act No. 70g0), as well as under otherapplicable laws and governing presidential decrees.

For the Procurement of lease 17 Armored Grs Ea.h with One (11 Security Driver and Two (2) Securiry Guards ror th€ DevetopmentBank ofthe phitippines

frtuc{

The Supplier further acknowledges the Procuring Entity's policy to refer to any

such violation to the proper government agency for criminal prosecution'

Right to Audit and Corrective Action Clauses

The Supplier agrees that it shall give the Procuring Entity, the Bangko Sentral

ng Pilipinas (BSP), and other regulatory agencies tkle rightlo audit/examine

the/access to the (i) necessary information regarding the Works in order for

the Procuring Entity, BSP, or such other regulatory agencies to fulfill their

respective responsibilities; (ii)the operations ofthe Supplier in order to review

the same in rel'ation to the Works; and, (iii) necessary financial information of

the supplier.

The Supplier \,varrants that it shall be required to immediately take the

necessary corrective measures to satisfy the findings and recommendations of

the BSP examirrers and those of the internal and/or external auditors of the

Procuring Entity.

Successors-in-lnterest

Likewise, in case of mergers, consolidations and/or change in the name of the

Procuring Entity, the latter or its successor/s-in-interest can still avail of the

Works under the terms of this Contract provided that there is prior written

notice to the Supplier or third party supplier of such use and/or transfer of the

Works.

Assignment

Severability

Should any provision of the Contract be declared or become wholly or partly

illegal, invalid or unenforceable, the legality, validity or enforceability of the

remaining provisions ofthe Contract shall not be affected as a result The same

applies in case the Contract contains a 8ap in its provisions' lnstead of the

provisions which are ineffective or impracticable, or to fill the gap, a suitable

provision should apply which, insofar as legally possible, comes closest to the

original intention of the Parties. Should individual stipulations exceed the

duration of the Contract, such stipulations will remain valid even after the

effectivity thereof.

Confidentiality

All business and technical information and data, and related documentation, in

whatever form provided, recorded or unrecorded (hereinafter collectively referred

to as "lnformation"), which the Parties haVE ven access to, furnished or ma

Page 7 of 10

CONTRACT AGREEMENT

Forthe pro.rirement oI t-ease oI Seven {7} Armored Cars Each with one (1)securitY Drlver and Two (2)

\

sBank of the Philippine4

the DeveloPment

The Supplier shall not assign any rights, obllgations and/or dutie.s under this

Contract nor-sub-contract the performance of the Works or any portion

thereofto any person, firm or entity without the prior consent ofthe Procuring

Entity.

I

furnish each other in anticipation of, or in furtherance of, this Leased Agreementsh all:

Be used solely for the purpose for which it was furnished;

Be treated in strictest confidence and protected; (

Not be reproduced, except as necessary for its authcirized use; and

lf in tingible form, shall be returned together with all copies thereof, includingthe promotional materials, when demanded by either Party or when no longerneeded.

The obligation of confidentiality and restricted use are not applicable to thoseportions ofthe information that were previously known, or that fall into the publicknowledge without the fault of either Party, or which the parties have agreed inwriting need not be kept confidential.

The obligation of confidentiality and restricted use shall survive the termination ofthis Contract.

Oata Protection

Unless prohibited by applicable law, the Supplier may disclose clientinformation to third parties providing services on its behalf who may collect,use, transfer. store or otherwise process it (collectively ,,process,,) in thevarious jurisdiction in which they operate either for purposes related to theprovisions of the Works, and/or to comply with regulatory requirements, tocheck conflicts, for quality, risk management or financial accounting purposesand/or the provision of other administrative support services (r:olJectively"Process Purposes"), provided that the written consent of the procu ring Entityhas been secured, and provided further that the Supplier, its affiliates and thirdparties to whom the confidential rnformation were disclosed shall strictlyadhere to the confidentiality of the information. The Supplier shall beresponsible to for maintaining the confidentiality of client information.

Whenever applicable in performing its obligations under this Agreement, theSupplier shall, at all times, comply with the provisions of Republic Act No.10173 or "the Data Privacy Act of ZOt2,,, its implementing rules andregulations, and all other laws and government issuances which are now or willbe promulgated relating to data privacy and the protection of personalinformation.

Waiver

No waiver of any Party with respect to a breach or default of any right orremedy and no course of dealing shall be deemed to constitute a continuingwaiver of another breach or default or of another right or remedy, unless suchwaiver be expressed in writing and signed by the party to be bound.

Page 8 of l0CONTNACT AGREEMENT

ofSeven (7) Armored Cari Each with One (1) SecurityBank oI the phitippines

Drlverand Two (2) Security Guards for the Oevelopmentt\

$'

For the Procurement

h4\

,,-t{

lndemnity Clause

Any and all claims, liabilities, damages, suits, or causes of action of whatevernature or kind, now or hereafter arising from or in connection with theContract, including but not limited to those resulting out of or as aconsequence of the acts of employees, personnel, or rejresentatives of theSupplier, shall be for the account of-the Supplier. ffre Supitier snall indemnifythe Procuring Entity, its directors, officers, employees, ,r.'.urro^, and assignsagainst, and hold them free and harmless therefrom. The obligations of theSupplier under this provision shall survive the termination ofthe Contract.

Governing Law and Venue of Action

The Contract shall be governed and construed in accordance with theprovisions of Republic Act No. 91g4, otherwiseProcurement Reform Act and other applicablePhilippines. Venue of all actions arising from thisexclusively to the jurisdiction of the appropriPhilippines.

known as the Governmentlaws of the Republic of theAgreement shall be broughtate courts of Makati City,

Transition Assistance

ln the event of termination for any cause, the Supplier hereby agrees andguarantees that should the procuring Entity decide io transfer the Goods andServices to another provider or other arrangements, it shall provide theProcuring Entity the necessary lever of assistance during the transition.

ln case of merger, consolidation and/or change in name of the Supplier, theSupplier shall likewise provide the procurint Entity ttre necessary level ofasslstance to ensure a smooth transition. For the avoidance of doubt, thesurviving or consolidated corporation shalr assume a, riabirities and obrigationsunder the terms of the Contract, provided that the Supplier and/or thesurviving or consolidated corporation submits proof of such merger orconsolidation acceptable to the procuring Entity.

General Provisions

The Supplier shall be fully responsible for the safety, protection, security,convenience of its workers/men, third parties and the public at large and iiclearly understands and agrees that no employer-employee relationship shallexist between the Supplier,s workers/staff ana ot'trei personnel and theProcuring Entity.

The Supplier shall be solely responsible and shall pay the cost or shoulder theburden for any damage caused by its personnel to any property of theProcuring Entity and for an injury or death to a third party that may occur atthe Project site during the effectivity ofthis Contract.

Th e Su pp e I s ha P IocU r n E nt itv fre e a nd h m f ny andand all

ess ro m aa k n ds of C a m s da m a es a b it es o r ca us es of act do n nc u n a n

a r

Forthe Procurement of t-ease of seven (7)A.mo", "" r:.tilm?fflf

Page 9 of l0EMEI{T

Security Driver and Two (2) Ser t

"N

aank of the PhdippinQuards for the Development

render the

/

liabilities arising from the Supplier's non-compliance with the requirements of

any Workmen's Compensation, Social Security and other applicable labor laws'

Either Party warrants that the execution and delivery of the Contract, and the

performance of its obligations herein does not contravene or constitute a

default in any agreement it has with a third party. Either Party shall hold the

other Party free and harmless from any suits or damages that a third party may

file or claim against either contracting Party ih the conduct of either Party's

business dealings and transactions.

Written representations made by one contracting Party to the other contracting

Party shall survive the pre-termination ofthis Contract, for purposes of mediation

/ settlement or judicial action. Written representations include electronic mails

exchanged between authorized representatives.of the contracting Parties.

The failure of either Party to exercise any right, or the waiver by either Party

of any breach, shall not prevent a subsequent exercise of such right or be

deemed a waiver of any subsequent breach of the same of any other term ofthe Contract.

The Supplier and the Procuring Entity mutually participated in the preparation

and execution ofthe Contract, Therefore, the Contract shall not be construed

in favor of or against only one Party.

The legal invalidity of any provision of the Contract shall not affect otherprovisions unless indispensably or inextricable related to the invalid portion.

The appendices and any document specified herein are made an inte8ral part

of the Contract. The Contract contains final embodiments of the terms agreed

upon by and between the Parties. No other pronouncement, express orimplied, prior or later, oral or written, shall supersede or render void anyprovision in the Contract. For the avoidance of doubt, the foregoing Schedule

of Requirements and Technical S ecifications shall form art of the Contract.

9,,4Page 10 of 10

CONTRACT AGREEMENTFor the Procurementof Lease ofS€ven (7)armored Cars Each with One (1) Securlty Drlver and Two (2)securlty Guards forthe Development

rt

A

Bank of the Philippines

(

oaPACIFIC I]NION INSURAI\CE COMPAI\IY

TJNIT 24OI ANTEL CORPOR.A.TE CENTERI2I VALERO STREET SALCEDO VILLAGE, MAKATI CITY

TELEPHONE NOS. +(632) 845_10-33 TO 37TIN NO. 000484-6?6{00 vAT

PREMIUMDOCS. STAMPSEVATNOTARY

[ornensTOTAL P

PUTcBoND Ng 50318G (13) {

KNOWALL MEN BYTHESE PRESENTS :

That,I + *THE JOINT }'ENTTJRE OF ARMORTECH INTERNATIONAL TRANSPORTT,RW9'

ofas PRINCIPAI" and PA CO 1a duly andexisting under and by virtne of the laws of the philipprnes, with head office at Makati City, asSt RETY, are held and finnly bound unto i++DEVELOPMENT BA]\[K OT' lED PIIILS. t**

in the sum ofPESOS ***TIIREE MILLION SE!'EN HL'NDRED EIGTTTYTHOUSAND (P ,780,000.00

Philippine Cunency, for the paymert of which sum well and truly to be).

executon, administrators, zuccessors and assigns,jointly and severally, firmmade, we bind ourselves, our hiin,lyby these presents.

The conditions ofthis obligations arc as follows:

--------1j!1', , ,h. .bove-bound.d Pnnd96l. ^liroalt(H

nifl- rnolsForrmcoe,. !, a^' r 4jvlnysEcu*-a ** *rirct, t c wrrh the her€tn obtiree,D€VETOP EI{T BATIT Of THE PHILs.;

wH E RtAs, the PRTNCIPAL wai required-to file this bond to Euarantee fa hhful perfodnrnce for th€ ttASE of SEvEIt o, aiuoRED cals EACH wmt oIiE (rl SEclJruw oRlvER

The slgnlnS and 'recutlon

of thl! Eond by.the PRlNclPAL aod the suRETY .nd the .c.epta nc. by th. oBt,GEE of th! sam!, wa rrint noF€,(tltenc! of arry ctatm or demand du.(to 5.id Sond), prior ro rhe issu.nce and lx.cution irf this bond;

The ter of rht3 bond te froln 21january 2019 -21Janr.ry 2020.

It undcrt klng that th€ tlabitity of p^Ottc UxtOfl ttlsURtlICE OOMpAtiy unde. rhissEV€N HUNDRE requlres the

in !oci5e $ceed th-. sqr,] of-PESOS: THntt MrLLtONabove bounded principal toand faithful performance

give a good andon its part ofsaid

sufiicient bond inOBLIGEE

the above stated sun to sebure the full

. Iow:.TI{ERUS6fi59ff1ilJfbD"ve bounded principal shall in all respect duly and tully observeand perform a1l and singular ttre aforesaid covenants, conditions, and agreements to ttre true i::tent ana meaningthereof, th.,r this obligation shall be null and void, other*'ise to remain in full force and effect.

.. Liability of surety * tr lo..ng-*_lt.expire on . The bond will beconsideredautomaticallycancelledTEN(lo)a"ys"n"@i,ed.Jtanyexistingobligations thereunder and the latter signifies in- writing it"f3n."ot to act as surety for the continuance ofany existilg obligatioa hereunder.

tivFg

Fl-ioHtal

IN WITNESS WHEREOF, we have set our hands and signed our names on this.--- day of21st

0Januarv 19

Witnesses ARMORTECH IN?1. TRANSPORTER CORP. & GALTANTRYSECURITY AND INV ON ENCY, tNC.

ftt:164-676-346

B UENAFE P

$PACTFIC UNION INSURANCE COMPANY

and

O. so ONAsst. Vice President J

ATTEST:

: 428-561-213

0268

PERFOR]VTANCE BOND

BY:

ACKNO\\'LEDGMENT

ff 'wlt,..Pdri* PHILIPPINES )

) S.S.

In Makati City this 21st 6u, of January

ptrlcBONDNO. G(13)s0318/30260

2011 A.D., personally appeared before me

ISSUED

NotaUntil Dece

DES A. BARBADOP ublic

ber 31, 201.9

PTR NoMy

33

MrOn

PAUL S. CHAMN4r

and Mr. EDMUNDo o. soLoMON vrith Res.Cert. No 142148123 issuedat on for and in behalf of PACIFICUNION CE CO with Res. Cen. No. C- issued at Makati City, on

ul120!9 to me known to be the same persons who signed and executed the foregornginstrument and acknowledged before me tlat the same is their own voluntary act and deed.

IN WITNESS WIIEREOF' I have hereunto set my hand and affixed my notarial seal at the place and datefirst above written.

Atty, MARIA tODoc. No. 7g iPage No. 1a i

3#5.1?;r-:19-

In

2liatr LrtVDec" 3l- 20

oll No. 43236REPUBLIC OF TI{E PHILIPPINES)

akati CiW ) S.S.

PACIr.IC N INSURANCE COMPA}TY

ED NDO O. SOLOMON

0ftlre

Authorized Signcture

Subscribed and swom to before me this 21st day of Januarv , 20 79 atnes. Affiant exhibited to nre his Residence Certificate and that of

the corporation as above

Doc. No. zg iPage No. 1r ;Book No. 14F;Series of 20t-.

Atty. MAP.IA !O Rbls A, BARB.qOO

oll No. 010353

Res. Cert- NoAt

Philippi

D+{IBP Li

Roll No. 43?36

n

:!

NAME

Mr.

$

o o

Developlrent Bank of tlre Philippirie:

NOTICE OF AWARD

STEPHANY L. COND€Zliead, Lefal and Complance

5ub.iert Leas€ ol Scven (7) Armored Car: eadr with One {U Security Driv€rand lwo (21 Security GurrdJ fror the Oevelopment gank of thePhllippines, Bld Releren(e a{o. G-201E-35

6entlen]en:

we are pleased to inform you thar the Deveropment Bnnk of the philippinlrs h€r€by awardsyou the contract for the abov€-cited subject in the totai cohtra.t amount 6{ Tfiblve Millon5ir Hundred Tho$san d pe.i9!

1g 12,500,000.00) rnrlusrve ol all appli.abte tax€!.

10 gualantee the fatthful peformance of oblt8ations, y6u are reqtiired to post wrthrn ten(10) calBndar day: from recerpt hereof, a performancp security in any of the Fclrorvrng lorrD.,rild pe,centalle5:

fortn ol Performance SecurityMinimum % olContrad Price pfr

, ._ _year

MinimumAmount

Five percent(sen)

P 6J0,000.00

Ihrrty perrent

l3o%,

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1 I )anuar! 2079

THE .,OINT VENTURE OF ARMORTECH INTERNATIONAT TRANSPORTIR CORPORATIOnlANOGAI.IANTRY SECURITY ANO INVESTIGATION AGENCY, INC.3/E CIK Annex Suilding I.lTtl Nrcanor Roxas 5t.,QLJe.on City

Attention

'CJsh, cashier's,hanager's chect is5ued by a

i]n'tv:lrl or comT:"'11 u1L-__j Eank draft/guarantee or irrevocable leter ofI rredit issued by a Unive6al or CommerclJlI Bank; provided, however, that it shall be .

'confirmed oa authenticated by a lJniversai orI commercial Baot, lf issued by a-toreign bank .l'Suretv Bond callable upon demand issued by asurely or insurance company together with(erli(iaale issued by lnsuraDae Commrsston

i certifying the surety ot insuranca rompany rs

aulhorrled to rsltra such siJrpty bond

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l!.tE o{ t.v€n lri irfio.rd C.r. e&h l(iih Oae 11}5r&rw oriycr.nd two {2}S.curlry 6u&d5 fo. loe Oev.lopmrniBrnt of$e Phll'ppiner. Aid E€l{r*nr! No 6-t018-16IHi JOI.|T VE}iTUnt Ot AqMO*Trf.H i}frfRraltot{Ai InAl|s,opTtft cofipsaTrotrAllD6A[Arll'FY SICURITy A|VO tXVfSI|GAT'Oli A6t ay. l f17lrru y !019

por the submissinn/posling of Performance SBdurity, please coordiflitte wlth Cash

Operations Departolent c/o AVP Anecita Atnesld A. Aifeche, 6lF oBp Head Oftice, MakatiCrtr, at pl-.cne number 818-9511 local5U8,

failure to posr thc required Performanrc Security in tte amount stipulated above within thepresrriberi trrne shall constrtute a sullicient ground fcrr rhe (ancellation oi the atyatd c,t

cortracl. lorfeiture of the bid socurity aflC imposition of the appropriate srnctlor)/s underlie revired lRn 0t RA 9184.

tlease si6nrfy your tlhformity hy affiiiog ycir;f signnture on the spa.e pr;r,rCed belov;.(indly retu r the duly signed Noticg of AwarC 1(r tlre BAC Sec,etorial, 6/f DBp Buildln8,Makati Averue, Makiti Crty.

Thank you

5rnaergly.

PRADO

lrve VicP PrpsidentHedd, Eranch Banking Sector

ACCt PTANCT /.CONFOB!!19

The undeisignec accept! the award of contract and $lgnifies conformily to enter intocoptlacl with the Developntent Bank ol the Philippines forthe above requirem€nt,

s

,l,nlo

STEPHANY I, aEzHedc, Legal and Complian.r

Date tb

t\ ote: Kindlv ema{l to'.he: r.. i:r.:ri;..1.i::.:i.: ;,t or fax lo i*612 8125702 or+632 8l5l6l4)

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to acknowledge receipt,

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JOINT VENTURE AGREEMENT

KiiOW ALL tri Ei.i BY THESEPRES Ei'iTS

This JOINT \IENTURE AGREEthis dfEB_g2l8p

ARMORTECH INTERNATIONAL TRANSPORTER CORPORATION, a domestic

corporation duly organized, registered and existing under and by virtue of the laws of the Republic

of the lhilippines, with office address at 3 Floor CTf' Bldg., No.70 I'l.Roxas St., coi Banane,

Quezon City, Philippines, represented by its HEAD, LEGAL AND COMPLIANCE, MS'

STEPIIANY L. CONDEZ, hereinafter referred to as "FIRST PARTY-";

- And-

GALLANTRY SECURITY AND IN!'ESTIGATION AGENCY, INC., a domesticcorporation duly organized, registered and existing under and by yirtue o{the laws ofthe Republic

of the Philippines, with offtce address at AITC Compound, West Riverside St., San Francisco Del

Monte, Quezon City, Philippines, represented by its CORPORATE SECRETARY' MS. IMELDA P.

BRUN, hereinafterreferredtoas "SECOND PARTY';

(Henceforthcollectivelyreferredtoas the"Parties")

WITNESSETII: ThAt

WIIEREAS, the Development Bank of the Philippines DBP has awarded the contract ofLEASE OF SEVEN (7) ARMORED CARS EACH WITH ONE (1) SECURITY DRIVER ANDT\\'O (2) SECURITY GUARDS FOR TIIE DtrYELOPMENT BANK OF TIItr PHILIPPINES,BID REFERENCE NO. G,2018-36 in the total contmct amount of TWELYE MILLION SIX

HUNDRED THOUSAND PESOS (P12,600,000.00) inclusive of all applicable taxes. Copies of which

is hereto attached asAnnoc "A";

WHEREAS, the parties have agreed to pool their resources together to form a JOINTYENTURE AGREEMENT, hereinafter referred to as 'JOINT VENTURE" under the laws of the

Philippines, foi the puipose of full implementation ofsen'ices in the abovementioned procurement,

NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants

hereto set forth, the Parties have agreed as follows:

ARTICLE I ORGANIZATION OFTIIE JOINT VENTURI'

SECTlONl.Forrnation-The Pzulies do hereby agr ee ald bind ilierrtselves to establisli, fomi and

organize a Joint Venture pursuant to the laws of the Republic of the Philippines, in order for the JV to

carry on the purposes and objectives for which it is created,

SECTION 2. Name -The name and style under which the JV sha.ll be conducted is

"ARMORED SERVICE PRO\TDER WITH SECURITY SER IN JOINT \'ENT IIRE

MENT (hereinafter referyed to as the "Agreement").entered inlo

19 ar '

CityJPhrhpprnes by and among

AGREET!ENT BETl}/EEN ARII{ORTECH INT ATIONAL PORTER

CORPO TTON AND GAL

SECTION3.Principal Place ofBusiness-The W shall maintain its principal place ofbusiness at

3'd floor CTK Bldg., No. 70 N. Roxas St , cor Banawg Quezon City, Philippines;

I,A RV SECIIRITY AND INVF"STI(:ATIO NAG (-Y. INC '

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SECTION4. Preparatlon and Documentation -The Parties shall secure andlor execute such

certifications, documents, deeds and instruments as maybe required by the laws ofthe Republic of thePhilippincs fbr thc rcalizalion of thc J\r and in compliancc \.vith thc Projcct. Furthcr, thcy shall do allother acts and things requisite for the mntinuation ofthe JV pursuant to applicable Iaws;

SECTION5. The Joint Venture Agreement shall be represented by ARMORTECHINTERNATIONAL TRANSPORTER CORPORATION through its HEAD, LEGAL ANDCOMPLIANCE, MS. STEPIIAI{Y L. COi\IDEZ, OR PRESIDENT AND CEO, MR. PAUL S.

CHAIi4,, r.','hich shall be the o{Ticiai representatives of the PARTIES tc herein JOINT VENTLIR-EAGREEMENT, and are granted full power and authority to do, sign, represent, execute and perfomr

any and all acts necessary and/or to represent in this JOINT \aENTURE in this particular project,

related procurement transactions ard other official dealings that it shatl enter into with the DBP and thirdparties, such tra.nsactions to include, among others, the signing of the contract, Iegal documents, and all

other necessary documents byreason ofthis agreement and similar related activities.

SECTION6. The period of the Joint Venture shall begin upon execution of this Agreement and shall

continue until the complete performarce of its contractual obligations to DBP or upon i1s terminationfor material breach of any term or condition of this Agreement, by service of a written stalement inEnglish on the other Party, not less than 90 drys prior to the intended date termination.

ARTICLE IIPURPOSE

SECTIONI.In the performance of the contract/s the Parties bind themselves jointly and solidarily, in

the concept of sofidary debtors, subject to the right of reimbursement, as provided in the relevant

provisions ofthe Civil Code of*re Phrlippines.

ARTICLE I\CONTRIBUTION AND OTHERARRANGEMENTS

SECTION l. Contribution - The Parties shall contribute the SER!'ICES in providing AMOREDCARS and SECURITY PERSONNEL to support the requirement ofthe procuring entity.

-

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SECTIONI.The primary purpose of the Joint Venture is to perform the services as indicated in the

Notice of Award issued by the Development Bank of the Philippines for the LEASE OF SE\tsN (7)

AR]!fORED CARS EACH WITH ONE (T) SECURITY DRIVER AND TWO (2) SECURITYGT]ARDS FOR TTIE DE!.ELOPMENT BANI( OF TEE PHILTPPINES, BID REF.EREN CE NO.G.20f 8-36 in the total contract amount of TWELVE MILLION SIX HUNDRED THOUSANDPESOS (P12,600,000.fr)) inclusive of all applicable taxes;

ARTICLE IIISOLIDARY LIABILITY OF'THEPARTIES

Additional contributions to the Joint Venture shall be made as maybe required for contract

implementalion. In addition, the PARTIES shall contribute any labor and contract management

rcquircmcnts.

SECTION2. Liquidation and Distributions-Any sum remaining after deducting from the total of all

moneys or benefits received for the performance ofthe contract, all costs incurred by the JV after award

of the contract for the Project pursuant to the acmunting practices established for the JV, shall be

distributed in accordance with the relative balances in the accounts of each Party pursuant to Sec.1 ofthis Articlc upon complction, final accounting, tcrmination and liquidation olthc ftrr In thc ocnt ofliquidation and termination of JV, and after taking into account the shares of the Parties in all income,

gain, deductions, expenses, and losses, should the account of a Party conlain a negative balance, such

Party shall contribute cash to the JV sufficient to restore the said balance to zero;

SECTION3.Sharing of Burden of a Net Loss-ln case a net loss is incurred, additional contributionsshall be made by the Parties in accordance with tlre inespective shares.

ARTICLE V MISCELLANEOUS PROITSIONS

SECTIONI.The provisions olthe lnstructions to Bidderq Supplemental Bid Bulletin, and other brddrng

documents and upon issuance ofthe Notice of Award in relation to the herein contract, shall be deemed

incorporated in this Agreement and made an integral part thereof.

SECTION2.This Agreement shall be binding upon and inure to the benefit of the Parties and theirrespective successors and assigns.

ARMORTECH INTERNATIONALTRANSPORTER CORP.

T.IRST PARTY

By

ST CONI)

GALLANTRY SECT'RITY &IN!'ESTIGATION AGENCY, INC.,

SECOND PARTY

AP UNCorporatedHead, rarce

President and CEO

CORAZO VALENZI]ELA MA

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SECTION 3. The Parties herein are duly represented by their authorized offrcers.

SECTION4.Gorerntrg Law- This Agreernent shall be governed by and consttued accolding 10 the laws

of the Republic of the Philippines. Venue of any court action arising from this Agreement shall be

exclusively laid before the proper court ofthe Makali or Quezon City, Philippines.

That this Joint Vanture Agreement sha.ll remain in effect only for the above stated Project until revoke

and terminated bv ALL PARTIESuv ^LL ''"" ree 2 2 z/jts QUEZON-CIIrDONE THIS _ day ol _,161{ rn the Crty of , Philippines.

By:

Siened in the presence of:

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ACKNOWLEDGEMEN'I'

REPUBLIC OFCITY OF

.FEP 2 2 2$19fau['{-{ri't [li'Y'

BEFORE ME this day of 2019 in the City oIPhilippines, personally appeared the following with their respective govemment issued ID's

N-AN{E PROOT OF IDENTITY DATE/PLACEARMORTECH INT'L TRANSPORTER CORP TIN NO. 228-755-014-000STEPIIANY L CONDEZ TIN NO. 257-1 52-099-000PAUL S, CTTAM TIN NO. 129-590-r 78-000GALLANTRYAGENCY,INiC

SECT-IRMY AND INV TIN NO. 247-E74-580-000

IMELDA P. BRUr\- TIN NO. 164-724-310-000

known to me to be the same persons who executed the foregoing instrument, and they acknowledged tome that the same are their free and voluntary act and deed and that ofthe corporation they represent.

This instrument refers to a Joint V'enture Agreement consisting of four (4) pages, including thepage on which this acknowledgment is written, has been signed on the Ieft margin of each and everypage thereof by the parties and their witnesses, and sealed with my notanai seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affrxed my notarial seal on the dateand at tfre place firsl above written.

Notary PublicDoc. No.Page No.E^^l- \I^

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